2010.12.28 Defense Motion re: Heart Sticker

2goldfish

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Defense attorney filed a motion late on Tuesday asking that the evidence not be included when the trial begins in May.

...


Anthony's defense claims the sticker was never there.

gosh, how would they know that? they could only assume someone else put it there, eh? why the supposed certainty it never was there?
 
With all these motions requesting evidence be excluded they might as well just wave a red flag bringing attention to all these items that will get KC the DP.. as soon as people see their motions they know what the defense is scared of the Jury seeing.
 
So interesting that the defense can attest to the fact that it was never there, implying that someone saw the duct tape or placed the duct tape but saw and/or placed no sticker. Didn't the defense swear up and down previously that no-one in the family or the defense team or any agent thereof was anywhere near that body prior to its being found?

It is not uncommon for evidence, particularly trace evidence, to be destroyed during testing of other evidence. That is why it is so important that all peices of evidence be photographed, logged in detail and otherwise memorialized prior to beginning testing that may destroy said evidence.

It will be very interesting to see if the FBI is forthcoming with any sort photos, evidence logs, etc that memorialize the existence of the sticker residue. I would be hard pressed to believe that no such substantiating documentation will be forthcoming.

These are the Feebs, surely they will be able to produce to the DA documentation about the residue thus making this yet another of JB and the dream teams BS grasping at straw motions.
 
Snipped from the Orlando Sentinel article:

In a motion filed late Tuesday, defense attorneys asked a judge to exclude the "phantom" evidence, claiming it violates Anthony's Constitutional rights, including to due process.

http://www.orlandosentinel.com/news...nthony-heart-sticker-20101229,0,5749918.story

I don't know about you guys, but I am really so sick of hearing about Casey Anthony's rights. What about Caylee's right to not be murdered by her own mother??

It all just makes me so angry.
 
I told my husband that exactly this was going to happen and posted that on the 25th that I was surprised that there hadn't been a motion filed to that effect.

[ame="http://www.websleuths.com/forums/showpost.php?p=5931156&postcount=414"]Websleuths Crime Sleuthing Community - View Single Post - Casey's Diary Entry for June 21st & Missing Pages #2[/ame]

They are really trying to get all of the evidence thrown out...one at a time.
 
So interesting that the defense can attest to the fact that it was never there, implying that someone saw the duct tape or placed the duct tape but saw and/or placed no sticker. Didn't the defense swear up and down previously that no-one in the family or the defense team or any agent thereof was anywhere near that body prior to its being found?

It is not uncommon for evidence, particularly trace evidence, to be destroyed during testing of other evidence. That is why it is so important that all peices of evidence be photographed, logged in detail and otherwise memorialized prior to beginning testing that may destroy said evidence.

It will be very interesting to see if the FBI is forthcoming with any sort photos, evidence logs, etc that memorialize the existence of the sticker residue. I would be hard pressed to believe that no such substantiating documentation will be forthcoming.

These are the Feebs, surely they will be able to produce to the DA documentation about the residue thus making this yet another of JB and the dream teams BS grasping at straw motions.

Unfortunately, we've already seen the FBI's documentation--photos, evidence logs, etc.--and what they documented was that one technician thought she saw a heart shape, but they were unable to find anything on the tape and couldn't get a good photo of it.

But the FBI never said there was any sticker residue. Nor did the SA or LE. They said exactly what I said above, and released the documentation to support that information.
 
I told my husband that exactly this was going to happen and posted that on the 25th that I was surprised that there hadn't been a motion filed to that effect.

Websleuths Crime Sleuthing Community - View Single Post - Casey's Diary Entry for June 21st & Missing Pages #2

They are really trying to get all of the evidence thrown out...one at a time.

You were right on target! They might as well make one motion stating they want any and all evidence that could convict their client excluded from the trial.
 
I told my husband that exactly this was going to happen and posted that on the 25th that I was surprised that there hadn't been a motion filed to that effect.

Websleuths Crime Sleuthing Community - View Single Post - Casey's Diary Entry for June 21st & Missing Pages #2

They are really trying to get all of the evidence thrown out...one at a time.

ITA & posted this same thing the other day :

12-21-2010, 09:08 PM

Itsy

(snipped for space & I don't know how to do the "view single post" thingy)

I do believe we're going to see a LOT more of these type of motions introduced in the coming months. They're going to try to get anything & everything tossed out, IMO. Just you watch & see!
 
ITA & posted this same thing the other day :

12-21-2010, 09:08 PM

Itsy

(snipped for space & I don't know how to do the "view single post" thingy)

I do believe we're going to see a LOT more of these type of motions introduced in the coming months. They're going to try to get anything & everything tossed out, IMO. Just you watch & see!

BBM

ITA! It's all they have! MOO.
 
I thought there was an outline and it matched up with some heart stickers at the Anthony home. Maybe I dissociated or something?
 
I think a heart-shaped sticker is the least of Casey and the defenses worries.

Prepare yourselves! They will want the duct tape thrown out. They will want the hair found in Casey's car thrown out. They will want all pictures, especially those of her out between June 16th - July 15th, thrown out. They will want her text messages to Amy about the smell of death on her car thrown out. They will MOST definately want the first phone call Casey made from jail thrown out. Jail visits. Statements made to police (written or verbal). DC's video of searching those woods, etc...

What I want to know is if they are going to get desperate enough to go along with Crazy Cindy's "Caylee is still alive" campaign. Will they try to get the DNA evidence of proving that the remains ARE Caylee's thrown out?

It's going to be a very interesting few months. Fasten your seatbelts!
 
JB and CM continue to file motions that disrespect deadlines. I wonder if the rush in filings now is because a "little birdy" told them that January 3 will be the last chance to abuse that deadline.

I think the Judge will hear any and all late motions on the third with a "too bad" about any others after.

Perhaps AZ could answer this:
As someone had suggested before. All of these motions may have been unnecessary because the defense could just object (mentioned in the Tim Miller motion thread not long ago). Why does the defense continue to file pre-trial motions rather than object during trial? Is it so that the jury not hear something to later be told to disregard?
 
JB and CM continue to file motions that disrespect deadlines. I wonder if the rush in filings now is because a "little birdy" told them that January 3 will be the last chance to abuse that deadline.

I think the Judge will hear any and all late motions on the third with a "too bad" about any others after.

Perhaps AZ could answer this:
As someone had suggested before. All of these motions may have been unnecessary because the defense could just object (mentioned in the Tim Miller motion thread not long ago). Why does the defense continue to file pre-trial motions rather than object during trial? Is it so that the jury not hear something to later be told to disregard?

Maybe they were studying "how to write pre-trial motions" right before Winter Break.
 
Unfortunately, we've already seen the FBI's documentation--photos, evidence logs, etc.--and what they documented was that one technician thought she saw a heart shape, but they were unable to find anything on the tape and couldn't get a good photo of it.

But the FBI never said there was any sticker residue. Nor did the SA or LE. They said exactly what I said above, and released the documentation to support that information.

I just hope that they just now didn't read it.....shouldn't some of these been filed ages ago? Like when they first appeared?????--instead of the contiuned reminders they are doing now?:waitasec:
 
So interesting that the defense can attest to the fact that it was never there, implying that someone saw the duct tape or placed the duct tape but saw and/or placed no sticker. Didn't the defense swear up and down previously that no-one in the family or the defense team or any agent thereof was anywhere near that body prior to its being found?

It is not uncommon for evidence, particularly trace evidence, to be destroyed during testing of other evidence. That is why it is so important that all peices of evidence be photographed, logged in detail and otherwise memorialized prior to beginning testing that may destroy said evidence.

It will be very interesting to see if the FBI is forthcoming with any sort photos, evidence logs, etc that memorialize the existence of the sticker residue. I would be hard pressed to believe that no such substantiating documentation will be forthcoming.

These are the Feebs, surely they will be able to produce to the DA documentation about the residue thus making this yet another of JB and the dream teams BS grasping at straw motions.

Yes-In the "Make Him Stop" hearing, AL rebuts JA by stating that duct tape cannot even be connected to the A's or KC.
So, it should not matter if the duct tape was once encrusted with diamonds, they should be asking to keep the tape out, correct?
 
Seems to me that this latest flurry of motions points more to penalty phase worries than anything else-Motions to exclude Ms. Naughty Britches' sex life, motion to exclude a story that would paint KC and CA as conspirators unwilling to help find Caylee's body (the map incident), motion to exclude the full-on premeditative act of taking a knife from the kitchen drawer to (possibly) cut the tape (though that goes to trial, not so much penalty), and now this one....a motion to prevent the jury from seeing that KC almost literally put a "cherry on top" of her handy work. That kinda sickness screams "inject her!"
 
Casey Anthony team wants heart sticker found near Caylee’s body excluded from evidence

Last Updated: Wednesday, December 29, 2010 7:55 AM


http://www.baynews9.com/article/new...und-near-Caylee’s-body-excluded-from-evidence

So the defense not only doesn't want any mention of the heart sticker "residue" on the duct tape that was referenced in the FBI reports, now they don't even want the sticker that was found near Caylee's remains to be brought in as evidence?? Did I get that right?

And, if that is correct, what are the chances the defense would be able to keep the existence of the physical heart sticker found at the scene OUT of the trial?

TIA!
 
Defense attorney filed a motion late on Tuesday asking that the evidence not be included when the trial begins in May.

Anthony's defense claims the sticker was never there.

They also said that about the duct tape, it was never there.

I'm guessing they have to try and get anything incriminating away from ICA but it's not going to fly. The crux of this case is the 31 days, ICA's partying, ICA never worried or concerned that Caylee was not in her care and all the evidence found with Caylee's remains are the reason the State is asking for a DP charge..JA will fight to get this to stay in and I predict, it will...JMHO

Justice for Caylee
 
I think the heart shaped sticker residue etc is a wash, fwiw. I think it was a valid lead based upon what someone thought they saw, didnt pan out, moving on...jmo
 

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