Case actions

9/9/2008A DEF'S MOTION TO PRESERVE FORENSIC EVIDENCE AND FOR COURT TO CONSIDER ADDITIONAL TESTING

Anybody know what the forensic evidence is the defense wants "preserved" and considered for "additional" testing?

Wonder if it could be the decomp evidence. I know the def was questioning the cadavar dogs files as well. He might be trying to play on the "science is not perfect" defense for the decomp and hair.

I remember one of the def on NG was saying that if this was his case he would question the hair sample as well since it could have been transference from Casey's own head to the trunk when she put the trash (pizza box) back there.
 
Key words/phrase: Forensic Evidence --- Preservation --- Additional Testing ---
 
Sure hope the media has made another request for docs - we are in sore need of more info!
 
The defense can and usually does hire its own experts to challenge the state's evidence (findings). Not sure why Baez would be asking the court to consider (is that the same thing as an "order"?) additional testing and by WHOM?
 
We don't know if this is related to biological evidence or other kinds of evidence (eg. computer forensics such as the search for "chloroform"").
 
Since Baez is just her lawyer for Child Endangerment, why would he need Forensics's unless he knows they are going to charge her with murder..
 
The defense can and usually does hire its own experts to challenge the state's evidence (findings). Not sure why Baez would be asking the court to consider (is that the same thing as an "order"?) additional testing and by WHOM?

I think it means Baez is requesting that they save enough of the forensic evidence so there is enough left for the defense to do their testing....sorry I am duping someone else who already answered this, I'm on dial up, and its soooooo slow!!
And of course Jose is anticipating a murder case, he can deny deny deny all he wants, but WE are all smarter than that, lol....
 
I would think that the child neglect charge is being handled by this division

right, the State's Attorneys office has a special division to handle sex cases and child nelglect/abuse charges
 
If the media reports are correct, then Baez has recently filed two motions - one yesterday and one today each related to forensic evidence. Pffft ... next motion I hope to see is one related to suppressing the release of any more documents by the state in response to a request from the media. Truly, that would make me sit up and take notice!
 
I am assuming this is all related to the media request. I haven't checked back to see if the case history was updated to include info on today's hearing which we know didn't go so well for the defense.

Docket Date Defendant Docket Entry
7/16/2008 A COMPLAINT FILED DOA 07/16/08 BOND CT1: NONE CT2: NONE CT3: NONE #08034750
7/17/2008 A ADVICE TO DEFENDANT, FIRST APPEARANCE
7/17/2008 A AFF/INSOL FILED REF
7/17/2008 A APPEARANCE OF DEFENDANT ENTERED
7/17/2008 A BOND STAYED @ NONE
7/17/2008 A DEMAND FOR DISCOVERY FILED
7/17/2008 A DERP FEE OF $50 IMPOSED CR15 50.00
7/17/2008 A MOTION TO SET BAIL BOND FILED
7/17/2008 A NOTICE OF APPEARANCE FILED JOSE A. BAEZ
7/17/2008 A NOTICE OF INVOKATION OF CONSTITUTIONAL RIGHTS
7/17/2008 A ORDER APPOINTING PUBLIC DEFENDER
7/17/2008 A ORDER FINDING PROBABLE CAUSE FILED
7/17/2008 A IN OPEN COURT INITIAL APPEARANCE
7/17/2008 A ORDER - COURT DENIES BAIL BECAUSE NO CONDITION OF RELEASE CAN REASONABLY PROTECT THE COMMUNITY, ASSURED THE APPEARANCE OF THE DEFENDANT OR PROTECT THE INTEGRITY OF THE JUDICIAL PROCESS.
7/17/2008 A ORDER - WHILE IN CUSTODY DEF TO BE SCREENED FOR BAKER ACT CRITERIA. NO UNSUPERVISED CONTACT WITH ANY CHILD UNDER 17 YOA
7/17/2008 A WAIVER OF ARRAIGNMENT
7/17/2008 A WRITTEN PLEA OF NOT GUILTY ENTERED
7/22/2008 A APPEARANCE OF DEFENDANT ENTERED
7/22/2008 A APPEAR. OF ATTORNEY ENTERED
7/22/2008 A BOND SET AT CT1)$500,000 CT2)$100 CT3)$100 + GPS & HCR
7/22/2008 A COURT MINUTES FILED
7/22/2008 A DEFENSE WITNESS SWORN AND TESTIFIED 1)CYNTHIA ANTHONY 2)GEORGE ANTHONY 3)LEE ANTHONY
7/22/2008 A MOTION TO SET BOND IS GRANTED. FORFEIT PASSPORT.
7/22/2008 A IN OPEN COURT MOTION TO SET BOND
7/22/2008 A COURT ORDERS PSCHOLOGICAL EVALUATION BY DR. DANZIGER & DR. BERNS
7/22/2008 A STATE WITNESS SWORN AND TESTIFIED 1)YUIR MELICH 2)JASON FORGEY
7/23/2008 A CORRECTED COURT MINUTES FILED NUNC PRO TUNC 7/22/08 AS TO MISC ORDERS
7/24/2008 A ORDER APPOINTING EXPERTS FOR COMPETENCY EVALUATION
7/25/2008 A APPLICATION FOR SUBPOENA DUCES TECUM FILED
7/25/2008 A ORDER FOR SUBPOENA DUECES TECUM (GRANTED)
7/25/2008 A STATE'S RESPONSE TO DEFT'S APPLICATION FOR SUBPOENA DUCES TECUM DATED JULY 24, 2008
7/28/2008 A CORRESPONDENCE FILED (COPY) FROM DR. ALAN S. BERNS TO ATTY JOSE BAEZ, DATED 7/27/08 RE: REQUEST FOR RECORDS OF CLIENT
7/28/2008 A MOTION FOR PROTECTIVE ORDER
7/28/2008 A AMENDED MOTION FOR PROTECTIVE ORDER
7/28/2008 A NOTICE OF UNAVAILABILITY
7/29/2008 A APPEARANCE OF DEFENDANT ENTERED
7/29/2008 A APPEAR. OF ATTORNEY ENTERED
7/29/2008 A MOTION TO INTERVENE FOR THE LIMITED PURPOSE OF OPPOSING DEFENDANTS MOTION FOR PROTECTIVE ORDER FILED
7/29/2008 A NOTICE OF HEARING FILED <07/29/2008> 01:30 P.M.
7/29/2008 A IN OPEN COURT HEARING MOTION FOR PROTECTIVE ORDER
7/29/2008 A ORDER DENYING DEFENSES MOTION FOR PROTECTIVE ORDER
7/29/2008 A WITNESS (DEFENSE) (1)
7/31/2008 A MOTION TO WITHDRAW FILED PD
7/31/2008 A PSYCHIATRIC/MENTAL HEALTH EVALUATION FILED
8/1/2008 A ORDER RE: WITHDRAW FILED PD
8/5/2008 A WRITTEN PLEA OF NOT GUILTY ARG DATE <08/21/2008> 08:45 A.M.
8/5/2008 A INFORMATION FILED
8/11/2008 A DEMAND FOR DISCOVERY FILED AND INSPECTION RELATING TO CANINES AND THEIR HANDLERS
8/20/2008 A AL ESTES BONDING AGENCY FILED RET TBN CT 1-$500,000 #FCS500308507 INMATE# 08034750
8/20/2008 A AL ESTES BONDING AGENCY FILED RET TBN CT 2-$100 #FCS10315199 INMATE# 08034750
8/20/2008 A AL ESTES BONDING AGENCY FILED RET TBN CT 3-$100 #FCS10315200 INMATE# 08034750
8/21/2008 A APPEAR. OF ATTORNEY ENTERED
8/21/2008 A COURT MINUTES FILED
8/21/2008 A DEFENDANT NOT PRESENT
8/21/2008 A NOTICE FOR PRETRIAL RET: <11/05/2008> 09:00 A.M.
8/21/2008 A NOTICE OF TRIAL RTN:<11/17/2008> 09:30 A.M.
8/21/2008 A IN OPEN COURT PLEA WRITTEN
8/21/2008 A WRITTEN PLEA OF NOT GUILTY ENTERED
8/22/2008 A MOTION TO SEAL FILED
8/22/2008 A NOTICE-BEING PROSECUTED/SEX CRIMES/CHILD ABUSE DIV
8/22/2008 A STATE'S RESPONSE TO DEMAND FOR DISCOVERY
8/22/2008 A STATE'S RESPONSE TO DEMAND FOR DISCOVERY
8/22/2008 A STATE'S RECEIPT FOR DISCOVERY DISCLOSURE FILED
8/25/2008 A EMERGENCY MOTION FOR TEMPORARY INJUNCTION FILED
8/26/2008 A ORDER DISPOSING EMERGENCY MOTION FOR TEMPORARY INJUNCTION DENIED
8/26/2008 A WAIVER DEFT'S ATTENDANCE AT PRETRIAL CONF
8/30/2008 A AL ESTES BONDING AGENCY ENDORSED BOND DOA 7/16/08, $500,000.00 #FCS500308507, INTMATE #08042346
8/30/2008 A AL ESTES BONDING AGENCY ENDORSED BOND DOA 7/16/08, $100 #FCS10-315199, INMATE #08042346
8/30/2008 A AL ESTES BONDING AGENCY ENDORSED BOND DOA 7/16/08, $100 #FCS10-315200, INMATE #08042346
9/2/2008 A BONDS DISCHARGED FCS10315199/200 FCS500308507
9/3/2008 A MACDONALD BAIL BOND FILED RET TBN CT2 BOND $100 #560667012-8 INMATE NUMBER 08042346
9/3/2008 A MACDONALD BAIL BOND FILED RET TBN CT3 BOND $100 #560667011-5 INMATE NUMBER 08042346
9/4/2008 A MACDONALD BAIL BOND FILED RET 11/5/2008 CT1 BOND $250000 #5200012443 INMATE NUMBER 08042346
9/4/2008 A VON WALDNER BOND FILED RET 11/5/2008 BOND CT1 $250000 #AUL2054164 INMATE NUMBER 08042346 *TRANSFER BOND MILLER BAIL BONDS
9/9/2008 A DEF'S MOTION TO PRESERVE FORENSIC EVIDENCE AND FOR COURT TO CONSIDER ADDITIONAL TESTING


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A CASEY MARIE ANTHONY $129.00 $77.00 Defendant Details
 
The defense can and usually does hire its own experts to challenge the state's evidence (findings). Not sure why Baez would be asking the court to consider (is that the same thing as an "order"?) additional testing and by WHOM?

They always have the right to have additional testing by their own experts, but I don't see how this applies to the child neglect case.

The testing was to determine if there was a DEAD body in the car, and that really is not evidence in this case that I can see. I realize it could be used, but there would be NO purpose and it is already established she did not provide adequate care even by her own lies in giving her to a baby sitter she did not know.

If they do not plan to use that as evidence the defense is not entitled to ANY of it.
 
One of the news reports said (forget which one) there was 2 reports of child abuse against (Caylee). I think one was from a person that cut Casey's hair.
 
:wave: Turbothink

Regarding the theft charges - didn't Casey more or less volunteer information to detectives that she stole from her friends to assist in finding Caylee? If so, I wonder how Baez is going to handle that admission and/or statement because it seems to me that could open the door to the state to use the pics of Casey partying and receipts of items purchased with alleged stolen funds to suggest an entirely different scenario.
 
I'm not 100% positive but it looks like Baez filed only one motion.

From an article in the Orlando Sentinel
http://www.orlandosentinel.com/news/local/orange/orl-nejame1008sep10,0,3898987.story

--------------------------------------

Casey Anthony's attorney filed a motion, requesting the state stop testing and handling forensic evidence until the court rules on how the testing will proceed.

Authorities collected hair, dirt and stain samples from the back of Anthony's car, which was towed from an Amscot check-cashing business on June 30. Air samples taken from the trunk showed that it once contained a decomposing body.

Anthony reported her daughter, Caylee Marie, missing in mid-July -- more than a month after she was last seen alive.

In the three-page motion filed Tuesday, Jose Baez wrote how forensic testing can be "destructive" on the samples, which also can be mishandled.

He's requesting the court offer a fair way of determining which evidence can be tested, how, where and by what method will be used. He also would like someone from his defense team observe the testing.

Baez wrote that forensic evidence that can be confirmed or challenged will impact his Anthony's right to a fair trial.

Meanwhile, Anthony remains at home on bond. She's charged with child neglect, filing a false statement with law enforcement and check fraud.
 

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