Anthonys want autopsy results sealed AND ALL Autopsy Updates

[MidAtlanticNative]

From WESH.com (bold mine):

"George and Cindy Anthony are asking Thursday that their granddaughter's autopsy results be sealed until the trial of their daughter, Casey.

A spokeswoman at the state attorney's office confirmed to WESH 2 that Caylee's autopsy report is part of 1,000 pages of new evidence it plans to make public Friday.

In a motion filed by their attorney, George and Cindy Anthony argue that "the information contained within in the report will cause great anguish to the Anthony family." "

Not to be flip, but what's the difference between now and later? Will the "anguish" factor somehow be diminished by the time trial rolls around? Unlikely! So, what gives? Seems like a pointless motion to me.

 

[Insomnia Momma]

I wonder if it was JB's idea to have CA and GA file that motion? I wonder if he thinks he has a better chance at having it sealed that way by playing on the sympathy for grieving grandparents?

 

[What'sThatClue]

This is a very interesting read on FL law regarding autopsy results as public records. Generally, autopsy results are public record. However, autopsy photos are not public record (see FL Statutes Chapter 406.135) and are available only to next-of-kin or by court order .

http://myfloridalegal.com/ago.nsf/Opinions/894D58D0F8A7D7A88525659400683EA1

(snip--please read entire AG opinion)

Autopsy reports made pursuant to law are public records which must be made available for public inspection and examination unless exempted by special act. If not exempted from disclosure by special act, an autopsy report may be kept confidential only to the extent necessary to ensure that a criminal investigation would not be significantly impeded and enable violators of the criminal laws to escape detection and apprehension. Documents or records made confidential by statute do not lose such status upon receipt by the medical examiner.

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The only exemption which could arguably serve to exempt autopsy reports as a category of records from s. 119.07(1), F. S., is the principle commonly known as the 'police secrets rule.' See Lee v. Beach Publishing Co., 173 So. 440, 442 (Fla. 1937); Patterson v. Tribune Co., 146 So.2d 623 (2 D.C.A. Fla., 1962); and Caswell v. Manhattan Fire and Marine Ins. Co., 399 F.2d 417 (5th Cir. 1968). As stated in AGO 075-9, this exception is applied only where the effect would be to significantly impair or impede the enforcement of the law and enable violators to escape detection. It would appear that in certain unusual cases, the medical examiner's autopsy report could contain information which if disclosed would defeat the very purpose of the report. Under such circumstances it would appear that the medical examiner could be justified in withholding those portions of the report which, if publicized, would significantly impair the ability of law enforcement officers to apprehend those suspected of committing the crime. This is not to say that the entire report should be suppressed until an investigation is complete; rather, only those portions of the report which would clearly fall within the rule could be withheld until such time as its release would not endanger a pending investigation. Cf. AGO 073-51. However, I would anticipate that such procedures would be necessary in relatively few cases

I might add that according to FL Statutes, there is no charge for a copy of autopsy results that are requested and sent electronically (e-mail) from a Florida (county) Medical Examiner's office.

Edited to add that several years back I obtained, at no cost, the complete autopsy report of Terri Schiavo, via e-mail.

 

[OneLostGrl]

1000 pages of evidence is going to be released tomorrow ?

As for the A's wanting the autopsy results sealed...if I thought for one minute that this was about dignity for Caylee, I would say yes, without hesitation. It's not about dignity for Caylee, it's about Casey and the Anthony's. I guess the cross down at Suburban was about Caylee's dignity too ?

Bold is mine-
I know, can't wait to read what's enclosed!

 

[ZubenElSchemali]

I am curious as to why the ruling is taking so long, however...

The notice of supplimental discovery was on June 8 and the motion to restrict disclosure was filed on the 10th so it hasn't been long at all. A better question, I have raised before, is why did it take them so long to release it. December is a long time ago.

Perhaps the reason they object is because they know how likely it is that the reporting and talk on line about it will be greatly embellished; little details added like the black band of death on the hair, among others, that aren't there in print. It amazes me how many things are stated as fact that simply are not, or at least have not been disclosed officially, if they are true.

 

[debs]

Brad Conway is not a member of the defense team, and Cindy and George Anthony are not the defendants. They are material witnesses in a murder trial and therefore their emotional upheaval about material evidence is noted, but should not sway the carriage of justice in following the laws of Florida regarding discovery material.

 

[Gaia713]

Considering the wall of "mistruths" perpetuated by the defense and the Anthony family, my guess is that they don't want it released because there is INDEED duct tape across the mouth for one thing. For another, tthe body was mostly bones, so there probably will not be a lot to be seen.

Personally, I am sick of the Anthonys and all their false "claims." They were so upset the day that the body was found that they had to go out to a high-end hotel and eat at an expensive restaurant. They sure didn't look upset when they were getting in their car.

I think it's VERY important for them to see what therir daughter did to their granddaughter. jmo

 

[momtective]

I say if CA & GA want it sealed KC will go against them and it will be released. KC cannot stand CA and will oppose her at every avenue. Caylee was not CA's daughter, CA has absolutely no rights whatsoever where Caylee is concerned unless they have been given to her by KC or by a court of law.

 

[countzero]

I wonder if it was JB's idea to have CA and GA file that motion? I wonder if he thinks he has a better chance at having it sealed that way by playing on the sympathy for grieving grandparents?

Naw, conversation probably would happen like this:

JB: CA/GA can ya have BC file a motion to block the release of the tot's autopsy?

CA/GA: Done already, you really need to get your act together Mr JB. We know what we have to cover up.

 

[OneLostGrl]

The notice of supplimental discovery was on June 8 and the motion to restrict disclosure was filed on the 10th so it hasn't been long at all. A better question, I have raised before, is why did it take them so long to release it. December is a long time ago.

Perhaps the reason they object is because they know how likely it is that the reporting and talk on line about it will be greatly embellished; little details added like the black band of death on the hair, among others, that aren't there in print. It amazes me how many things are stated as fact that simply are not, or at least have not been disclosed officially, if they are true.

Then it's a good thing the actual evidence will all be presented at trial. No way to confuse that!

 

[Wisteria]

ALL discovery seems to create extreme anguish for them, since it all points at Casey.

 

[ZubenElSchemali]

I might add that according to FL Statutes, there is no charge for a copy of autopsy results that are requested and sent electronically (e-mail) from a Florida (county) Medical Examiner's office.

Snipped and emboldened by me. Thank you for the info. I have to wonder how much the defense will be charged for this. I noticed the amount they have paid to date is $1,953.00. It doesn't seem right to me that a defendant should be charged to see discovery. That just seems so wrong.

 

[Bittiness39]

Something about this bothers me. Apart from the obvious, Caylee is dead. They, GA/CA, have had time to get over this...by over (you never have closure...you never really accept) but they have had time (under much media scrutiny...which I can't imagine) but again...Caylee is dead...was killed...why wouldn't they want the answers? I would and I speak from experience. I would want to know how why when...jmo

 

[RainyGirl]

Regardless of how they behave, I am truly sorry for the Anthony's loss, and the anguish they must feel over Caylee's murder and the unimaginable prospect that their own daughter is responsible for it. Nevermind the prospect of going through all of the grief in the public eye. I would like to think I'd handle it differently than they have, but, "let this cup pass away from me". I wouldn't wish the circumstances they awake to each morning on anyone.

That being said...IMHO there is a cause-and-effect to the Anthony's request to prevent the release of this specific information. IOW...the results convey something meaningful.

Rule of law = release it. Don't like it? Change the law.

bolded by me. Outstanding post, BJB and your last statement says it all!

 

[What'sThatClue]

Snipped and emboldened by me. Thank you for the info. I have to wonder how much the defense will be charged for this. I noticed the amount they have paid to date is $1,953.00. It doesn't seem right to me that a defendant should be charged to see discovery. That just seems so wrong.

Note that only autopsy reports (without photos or video) are available free electronically. Most all other public records have a charge to obtain.

Hard copies are available for a fee and I would assume the defense would want hard copies which include photos and video, etc.

There is always a fee for hard copies and that's probably why the defense has been charged.

 

[scandi]

Considering the wall of "mistruths" perpetuated by the defense and the Anthony family, my guess is that they don't want it released because there is INDEED duct tape across the mouth for one thing. For another, tthe body was mostly bones, so there probably will not be a lot to be seen.

Personally, I am sick of the Anthonys and all their false "claims." They were so upset the day that the body was found that they had to go out to a high-end hotel and eat at an expensive restaurant. They sure didn't look upset when they were getting in their car.

I think it's VERY important for them to see what therir daughter did to their granddaughter. jmo

Hi Gaia, I have a feeling they don't want it released as it might prove little Caylee was alive when that duct tape was put over her mouth which might have led to her suffocation death in the opinion of Dr G.

It would have the same affect IMO as being buried alive and of course would cause great agony to them, having the world realize how diabolical their daughter was in killing her daughter.

I say release it. I'm frankly amazed it hasn't already been leaked. xox

 

[Insomnia Momma]

Hi Gaia, I have a feeling they don't want it released as it might prove little Caylee was alive when that duct tape was put over her mouth which might have led to her suffocation death in the opinion of Dr G.

It would have the same affect IMO as being buried alive and of course would cause great agony to them, having the world realize how diabolical their daughter was in killing her daughter.

I say release it. I'm frankly amazed it hasn't already been leaked. xox

I agree! You can tell the SA's office is being really, really careful with this info until release time since it hasn't been leaked, kwim?

 

[ZubenElSchemali]

Note that only autopsy reports (without photos or video) are available free electronically. Most all other public records have a charge to obtain.

Hard copies are available for a fee and I would assume the defense would want hard copies which include photos and video, etc.

There is always a fee for hard copies and that's probably why the defense has been charged.

My point is, the state is the accuser. They should be required to give the accused what they have without charge. Why should the defense be required to pay for what the state is required to present at trial? Why should they have to put out that kind of money before they can even prepare the defense? Then there is the issue of duplicating many pages, so they are charged twice for nothing. The fee is clearly much higher than true copy costs too.

It reminds me of a Freedom of information request I made in my state. I was charge nearly $100 for less than a dozen pages. Their excuse? There was no one available other than a doctor to pull the info out of the computer and click print. Yeah, right!

 

[JSR]

Hi Gaia, I have a feeling they don't want it released as it might prove little Caylee was alive when that duct tape was put over her mouth which might have led to her suffocation death in the opinion of Dr G.

I agree. I really think there is going to be saliva or some other biological evidence on the sticky side of the tape. I have a feeling the tape is going to yield evidence that proves Caylee was ALIVE when that duct tape was placed over her mouth.

 

[JSR]

My point is, the state is the accuser. They should be required to give the accused what they have without charge. Why should the defense be required to pay for what the state is required to present at trial? Why should they have to put out that kind of money before they can even prepare the defense? Then there is the issue of duplicating many pages, so they are charged twice for nothing. The fee is clearly much higher than true copy costs too.

It reminds me of a Freedom of information request I made in my state. I was charge nearly $100 for less than a dozen pages. Their excuse? There was no one available other than a doctor to pull the info out of the computer and click print. Yeah, right!

You're assuming that the charges being billed to the defense are discovery documents the SA hands over. The charges could be from an outside agency that requires fees to copy documents which the SA has no obligation to pay.

Many times I need pleadings from old cases that are no longer on courtlink or pacer. I have to hire a court runner to obtain the documents I need. We have to pay the runner to stand at the copier and copy the documents at the Courthouse. Information doesn't always come free. And someone has to pay for it.

The SA is under no obligation to do the defense teams job, nor incur fees to help them achieve their goals.