2011.06.27 Discussion in open court regarding the motion to determine competency

6/27/11


http://www.wftv.com/video/28369254/index.html


DISCUSSION IN OPEN COURT REGARDING THE MOTION TO DETERMINE COMPETENCY

HHJBP: You may be seated. Okay, let the record reflect that the Defendant is present, along with Counsel for the Defendant, Assistant State Attorney. Both sides ready to proceed?

JB: Yes, Sir.

Okay. Okay, on Saturday the Defense filed a Motion to Determine Competency to Proceed. Based upon that Motion, the Court ordered that the Defendant to be examined by three psychologists to determine her competency to proceed. The Court appointed three independent experts. The first expert the Court appointed was Dr. Daniel Tressler. Dr. Tressler examined Miss Anthony on Saturday – late Saturday morning, Saturday afternoon. The Court also appointed Dr. Harry McClaren out of Quincy, Florida. Dr. McClaren examined Miss Anthony on Saturday evening and some on Sunday. The Court also appointed Dr. Ryan Hall who examined Miss Anthony on Sunday. Both sides willing to stipulate that the Court may utilize the reports that were submitted by the doctors in making the determination on the issue of competency to proceed? What says the State of Florida?

LDB: The State will stipulate, Your Honor.

HHJBP: And the Defense?

JB: No objections on that.

HHJBP: Okay. Now, have both sides had an opportunity to review the reports of the three experts in this area?

LDB: The State has.

JB: Yes, the Defense has.

HHJBP: Okay. Based upon the reports that the Court has reviewed, the Court WILL find that the Defendant is competent to proceed. Those reports will be filed, but pursuant to law, those reports will remain under seal. The originals now will be filed with the Clerk of the Court.

Okay, are there any other matters we need to take up prior to resuming testimony in this case?

JA: None for the State, Your Honor.

HHJB: I think ya’ll have cleared up any matters dealing with Dr. Furton?

JB: Yes, we have. For the record there is no issue.

HHJB: Okay. Mr. Ashton?

JA: That’s correct.

Okay, the Court will file into the record the Motion to Determine Competency to Proceed, and the Court’s Emergency Orders Appointing Experts. Let me see that one for just a second. Huh?

(inaudible)

No, the report, I mean the Motion to Determine Competency under the law can’t be sealed, not at this time. Just a second. Let me see that other. Okay, just a second. Okay, all right, Mr. Baez.

JB: We’re ready Your Honor.

HHJBP: All right. Let’s re

Comes now the Defendant, Casey Marie Anthony, by and through her undersigned Counsel, and pursuant to Fla. R. Crim. P. 3.210(b) and Fla. Stat. 916.12 (2010), and asserts the following:

Based on privileged communications between Casey Marie Anthony and her Counsel, Counsel reasonably believes that Ms. Anthony is not competent to aid and assist in her own Defense and is incompetent to proceed. As a result of this well-founded concern, Counsel requests a full competency determination before the continuation of trial proceedings.

The undersigned Counsel does hereby certify that this motion is made in good faith and on reasonable grounds that Defendant is incompetent to proceed.

SIGNED BY CHANEY MASON