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  1. #1
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    2010.03.08 Motion to Exclude Hearsay, Gossip, Innuendo - Legal insight requested

    CFNews 13 put up this motion and exhibits - a grid sheet with who said it, etc.

    Would really like some clarification on various parts of it from informed posters.

    Motion to exclude Hearsay Evidence, Gossip & Innuendo (18 pages, with Memo of Law):
    http://www.cfnews13.com/uploadedFile...20Innuendo.pdf


    Exhibits - Compiled Hearsay Statements (24 page grid)
    http://www.cfnews13.com/uploadedFile...Statements.pdf
    www.amazon.com/shops/Grand_Media
    http://stores.ebay.com/grand-media-usa36


    "This pretense of ignorance is getting old." - JA

  2. #2
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    And, to rotate charts, "right click" on chart and choose Rotate clockwise.

  3. #3
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    kaRN is offline Verified Health Professional - Registered Nurse
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    Heads up Cindy. The bus is heading your way.
    JMO, but I don`t think CA will take kindly to the legal parsing of words. Seems to me she`s one of only about 2 people on the planet on KC`s side.
    But hey, the concentration on heresay and inuendo suggests there`s no evidence whatsoever that somebody else killed Caylee and planted her body. If they could prove that, they wouldn`t need to parse this.

    Injustice for Caylee Marie Anthony.

    Copyright that Cindy

    Unless someone like you cares a whole awful lot. Nothing is going to get better. It's not. Dr. Suess

  4. #4
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    Just jumping into this grid.....WTH?.....page 2 George tells Brian Burner that "the shed was broken into and the gas cans stolen".....

    Please someone, help me, tell me how this statement is hearsay...ok, I see Burner says it in his transcript, but hello?!! It was a statement of FACT, not necessarily hearsay. Why in the world is this statement listed here? Why would this stmt need to be excluded?

  5. #5
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    The beauty of this motion's shortcomings: In my mind, none of these statements are absolutely necessary at trial, because nearly every person listed can give first hand accounts of these attributes or of what they saw.

    For example, Simon Birch can speak about the smell of the car and the trash bag-If he is not allowed to talk about what GA said, that's fine with me because GA said it himself at other times, and before the grand jury.
    Annie has said in the civil suit how she thinks of KC at this point, no need to worry about what someone else said about Annie's opinion of KC.
    The state can ask Jonathan D. directly whether or not KC hung out with them, etc.

    This just seems like a whole lotta motion just to make a tiny wave for the state-All they have to do is direct their questions to the sources of the statement. In most cases, the people will not lie about what they saw/knew...In the case of the Anthony's...well, I don't think the state will be hanging their hats on the A's testimony anyway.
    Last edited by Just Jayla; 03-09-2010 at 12:40 AM.

  6. #6
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    Quote Originally Posted by kew17 View Post
    Just jumping into this grid.....WTH?.....page 2 George tells Brian Burner that "the shed was broken into and the gas cans stolen".....

    Please someone, help me, tell me how this statement is hearsay...ok, I see Burner says it in his transcript, but hello?!! It was a statement of FACT, not necessarily hearsay. Why in the world is this statement listed here? Why would this stmt need to be excluded?
    It is peculiar-But again, I think all the state has to do is go back to GA's interview/GJ testimony, or even TL's recollection of actually breaking the lock-And make this statement by BB unneccesary to begin with.

    ETA-I don't WANT the state to have to do the extra work to go around this, though-This gives me an indication of how many times AL will rise from her seat at trial to object on this stuff, and that must be annoying for the other side.
    Last edited by Just Jayla; 03-09-2010 at 12:44 AM.

  7. #7
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    I echo Muzikman's request.

    I know that heresay isn't allowed at trial.

    However, I've noticed in other trials that what the defendant said to the witness is admissable.

    How does that work???

  8. #8
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    HAHAHAHHAHAHAHHAHAHAHAHAHAHHAHAHAHHA.

    This is HILARIOUS reading! I can just imagine JBGood compiling his charts feverishly into the night. Probably the most work he has done since "Day 31" !

    AS IF Jose! AS IF you stand a snowballs chance of this gettin' chucked. Thanks for the laugh though!

    ETA - I just love the parts where it says Statements attributed to: "Some people", "People", "Unidentified People" and the people with no last names. SOOOO professional! hehehhehehehehe
    Last edited by Sammiejam; 03-09-2010 at 12:51 AM.

  9. #9
    Eidetic's Avatar
    Eidetic is offline Open your eyes to the millions of lies that they tell you every day.
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    Over kill to get "the fight" the evening of the 15th tossed?

    "She's safe. She's in God's loving arms. In a lot of ways, I'm content by the fact that she will never have to have her heart broken, or see the constant negativity that our society breeds -nor will she ever be abused or taken advantage of." -Casey Anthony
    "They just want Caylee back, that's all they're worried about right now,"- Casey Anthony

    "I'm so angry and disappointed in our country's legal system, it makes me sick." -Casey Anthony
    "I guess you could say I am living for free off the kindness of strangers." -Casey Anthony
    "(Both of my parents are) not working, still, and yet, have the means to travel all over the country and don't feel that they have to explain where or why. Odd, right? -Casey Anthony

    I am so sorry Caylee.

  10. #10
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    Thanx Jayla = I was just thinking about trial time. All we're gonna hear is "Objection...Objection...Objection"


  11. #11
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    Quote Originally Posted by Eidetic View Post
    Over kill to get "the fight" the evening of the 15th tossed?
    Yep...And I noticed the motion referenced the second 911 call-IIRC, during that call, we hear CA threaten to take custody of Caylee because that's how Casey wants to play it...I began to wonder if they want that whole thing out, too, because it goes back to that matriarchal tension that would've required a Ginsu to slice.

  12. #12
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    Eidetic is offline Open your eyes to the millions of lies that they tell you every day.
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    Quote Originally Posted by kew17 View Post
    Just jumping into this grid.....WTH?.....page 2 George tells Brian Burner that "the shed was broken into and the gas cans stolen".....

    Please someone, help me, tell me how this statement is hearsay...ok, I see Burner says it in his transcript, but hello?!! It was a statement of FACT, not necessarily hearsay. Why in the world is this statement listed here? Why would this stmt need to be excluded?
    I agree. Statements as such will prove that people are truthful in their statements to LE and how important all of their statements are. The pieces will then easily fall into place, it's simple enough to make a time line. I can see the jury now!

    No wonder they'd try to get something like that tossed.

    "She's safe. She's in God's loving arms. In a lot of ways, I'm content by the fact that she will never have to have her heart broken, or see the constant negativity that our society breeds -nor will she ever be abused or taken advantage of." -Casey Anthony
    "They just want Caylee back, that's all they're worried about right now,"- Casey Anthony

    "I'm so angry and disappointed in our country's legal system, it makes me sick." -Casey Anthony
    "I guess you could say I am living for free off the kindness of strangers." -Casey Anthony
    "(Both of my parents are) not working, still, and yet, have the means to travel all over the country and don't feel that they have to explain where or why. Odd, right? -Casey Anthony

    I am so sorry Caylee.

  13. #13
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    Quoted from motion

    The requirements for an excited utterance as interpreted by Florida Courts are:

    1) The declarant must have experienced or witnessed an event startling enough to cause nervous excitement.

    2) The statement must have been made while under stress caused by the event

    3) Statements must have been made before there was time to contrive or misrepresent

    Factors a judge should consider to determine whether the necessary excitement or stress is present are the age of the declarant, the physical and mental condition of the declarant, the characteristics of the event an the subject matter of the statement

    Cynthia Anthony is not a child, in good physical and mental health, and even though she found out upsetting news, the subject matter of the calls are things she had been dealing with for some time. The same considerations are true for Casey Anthony, and though she is younger, she was not in danger of any physical harm at the time of making the call and calmly explained the events to the 911 operator

    In addition, the statement in the 911 calls do not meet all three requirements for an excited utterance, namely the second and third requirements. Cynthia Anthony was still not under the stress of her car being stolen or her granddaughter going missing. Her car had been returned and her granddaughter had not been staying at the house for thirty-one days.

    Furthermore, there is a significant amount of time between the two calls, giving Cynthia Anthony time to reflect and regain her composure before calling again to supplement the first call. Time also could have passed between the moment that Casey Anthony informed her mother that the child had been missing for thirty-one days at the moment 911 was called. There is no evidence that Cynthia Anthony was under stress of a startling event


    Wow! Wow! Wow! They have got to be kidding me!

    1) I don't know what falls under a startling event moreso than just finding out that your two-year-old granddaughter, who can not fend for herself, has been kidnapped... not today, not yesterday, not last week but 31 DAYS ago.

    2) Everything Cindy said during that final 911 call was made while under the stress of finding out her granddaughter is missing. Gone.

    3) If I remember correctly the final 911 call was made after Casey finally admitted to Lee that Caylee had been kidnapped. The other 911 calls, Casey hadn't admitted this little piece of information. So, Cindy did not have time to contrive (plot) or misrepresent (distort) her words.

    Is anyone really upset how they continue to call the kidnapping (murder) of Caylee an "event?" "The event."

    I would like to hear what Cindy has to say about them implying that she knew for quite some time that Caylee had been kidnapped before making that final 911 call. That she waited long enough to plot and distort what she was going to say on that final 911 tape.

    Also, saying that she was no longer under stress of... this kills me... her car being stolen or her granddaughter going missing. Saying she (Cindy) had been dealing with this "event" for some time. That Caylee had not been at the house in thirty-one days.



    I am not a lawyer but I can tell you that they will not get the 911 call thrown out.

  14. #14
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    Quote Originally Posted by Sammiejam View Post

    I just love the parts where it says Statements attributed to: "Some people", "People", "Unidentified People" and the people with no last names. SOOOO professional! hehehhehehehehe
    snip by me.




    I know, right? "People" said it. About as professional-looking as DC's Chart of Forbidden Haters.

    I refused to finish reading the memo re this motion once I saw in the statement of facts that they said "on july 16th, 2008, Casey Anthony was arrested and indicted for first degree murder (capital), manslaughter, etc". (top of page 4) WHAT?? well, they're 3 months off right there. How do they expect to be taken seriously with carp like this?

    I also love the juxtaposition of this motion with their motion for Jill Kerley's testimony.

  15. #15
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    Quote Originally Posted by LolaMoon08 View Post
    Quoted from motion

    The same considerations are true for Casey Anthony, and though she is younger, she was not in danger of any physical harm at the time of making the call and calmly explained the events to the 911 operator



    I am not a lawyer but I can tell you that they will not get the 911 call thrown out.
    Respectfully snipped for space:

    LolaMoon I could not agree with you more on all counts. Something about this bolded in red statement really bothers me. I thought KC and her family were in DANGER from the kidnapper nanny? Isn't that why she didn't call 911 or tell anyone except for non-existent people for 31 days? Because she was in DANGER?!!! Careful Baez....your messing with your own defense strategy.

    ETA: I'd like to add that after re-reading this motion, I'm further appauled at the repeated attempts to say that at the time of the 911 call, it was "NOT" an emergency, that they were calmly providing information to assist in an investigation. Bull corn! It was an emergency when a toddler has been kidnapped, no matter the length of time it took the tot mom to get found out and a 911 call made! Additionally, aren't you only suppose to call 911 if it's AN EMERGENCY? Don't they ticket people for abuse of the 911 system? Ok, now I'm just blabbering...sorry.
    Last edited by kew17; 03-09-2010 at 02:10 AM. Reason: more to rant about

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