Cindy Anthony's testimonies

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JB showing exhibit to CA.
JB: Do you know what that picture is of?
JB: Can you tell the jur what it is a picture of?
It's our pool.
JB: is that a fair and accurate representation of what he pool looked like?
Yes.
Publishing the photo.

JB: Does this ladder disconnect?
Yes.
JB: Can you use the tool there and show how you would disconnect the ladder.
There's a hinge at the top of the ladder, you unhinge it and pick it (the ladder) up.
Another photo reflecting the ladder after it's been used.
JB: Is this a fair and accurate representation of what the pool looks like when the ladder is down?
Yes.
Photo is published to the jury.
JB: And is that another phot of the pool. A slightly different angle of what the ladder looks like?
Yes
JB: Is this a fair and accurate representation of what the ladder looks looks like?
Yes.
Photo is published to the jury.
 

Jb w/CA - defense exhibit of picture of the swim pool in A backyard - with ladder attached....does ladder disconnect? yes - show jury where a hinge is on top of ladder - open it and pick ladder up and comes off.

show picture DS - approach witness - photo depicts where we place ladder after we move it....shows shwere ladder down or off....received in evidence - publish to jury
approach witness? you may - another picture CA sniffing ...another picture of swim pool...with ladder off - publish to jury ....another picture to show CA - she starts crying - .....photo of (denies needing a break) - picture of Caylee walking up ladder - CA is behind her holding her - OBject - relevance - sidebar


 
Cindy crying now.

JB: Do you know what the photo is of?

Picture of Caylee walking up the ladder...

Cindy crying quite a bit now.

SIDEBAR!
 
6/24/11
8:59 Court in session

Cindy Anthony is first witness

JB saying they have some things to mark and need a little more time. His Honor said that's why they were supposed to be there at 8:30.


9:02 Jury comes in for the morning

DIRECT EXAMINATION OF CINDY ANTHONY BY JB

CA - So help me God - yes

Regarding the shorts found with her remains - she's seen a photo. She stated that the last time she saw her, Caylee was wearing 3T.

The photo was taken in the spring of 2007. Caylee was on the high end of the growth chart. The day this photo was taken, she actually video taped her. JB wanted to show video.

OBJECTION BY LDB - relevance - APPROACH THE SIDEBAR

SIDEBAR #1 (9:06-9:11

She has reviewed the video marked as Defense Exhibit EH. This is a fair representation of her size in spring 2007.

Video marked as Defense Exhibit 46.

Video played showing Casey and Caylee playing on the floor (ICA in green shirt and Caylee in pink plaid shorts with purple top)

*ICA and CA both crying*

Since this video was taken Caylee had grown quite a bit.

She knows the video was taken when it was because the date stamp says April 2007 and she knows the skirt she was wearing at that time was someone out of date and she didn't wear it much after that.

You were wearing a skirt that was out of date?

OBJECTION - leading - SUSTAINED

She has watched that video hundreds of times since she haven't seen Caylee since that date and there are still pictures of her holding her on that day and she recalls the Hawaiian print skirt and she doesn't recall wearing it after that.

She was then shown photo that she recognized.

OBJECTION - relevancy - JB says he will proffer at the sidebar

SIDEBAR#2 (9:18-9:20)


She identified the photo as being of their backyard swimming pool. It showed the ladder connected.

Photo marked as Defense Exhibit 47 and published to the Jury.

The ladder disconnects. She stated that there is a little hinge at top and the ladder comes off.

She was shown Defendant's Exhibit DS and identified it as a photo showing where they would place the ladder when they removed it and showed the pool with the ladder down. Item marked as Defense Exhibit 48.

She was shown another photo of the pool and agreed it showed a slightly different angle. Item was marked as Defense Exhibit 49.

*CA crying loudly - JB asks if she needs a break and she says No*

She was then shown Defense DU and identified it as a picture of Caylee walking up the ladder with CA holding her.

LDB OBJECTING AND REQUESTING A SIDEBAR

SIDEBAR #3 - (9:25-
 
JB using lots of hand motions at sidebar. Hmmm. Speaking emphatically.
 
I am here to tell you this If the "Love Of My Life" had drowned ...died in that pool I would rip it down so fast ..much less ever set foot in the same water that that she drowned in .. Just Saying...
 
CA: It was summer of 2007.
JB: This was one year before Caylee passed away.
Yes.
Is that a fair and accurate representation?
CA: Yes.
JB: What is Caylee doing?
CA: She's climbing the ladder. My hands are on her--a light touch.
JB: After this time period did she become better at climbing the ladder into the pool.
CA: Oh, absolutely.

Another exhibit shown to CA.

JB: And what is that photo of?
It's another image from the last picture.
JB:She's climbing further up the ladder?
Yes.

Published to jury. Cindy is supporting Caylee in this photo.

JB: What is that photo of?
It's Caylee the same day when she made the top platform of the ladder.
JB: Is that a fair and accurate representation?

Moved into evidence. Published to jury. Caylee at top of ladder with Cindy.

Next phot sown to Cindy.

JB: What is the photo of?
CA: It's me holding Caylee as I always did. And I'd pass her off to the person below.

Publishing photo to jury.

JB: This is a photo of Caylee on the first step getting into the poot. You're behind her?
CA: Yes.
JB: Was she sometimes anxious to get in the water? And push to get away from you?
CA: She pushed when she got older, the next year as she got older.
 
CA: She swam 3-4 times a week.
JB: Always with the life vest on?
Yes.
When you were on vacation in June 2008, how often did Caylee go swimming?
Everyday.

Publishing photo.

JB: What is that a photo of?
CA: Me entering the pool and holding onto Caylee.
JB: Is that a fair and accurate representation?
CA: Yes.

Photo published.

JB: Is this at a time when you were trying to get in the pool? Does Caylee seem anxious to swim off?
CA: Yes, once I was almost in the water she would swim off
JB: Did you take precautions around the pool with Caylee?
CA: Once Caylee was walking we had a pool (patio) box next to the pool away from the ladder and once Caylee was a toddler we put that up against the house. it was right below that area so she couldn't climb up on the box to get in the pool.And we took precautions every day to take the ladder off the pool.
She outgrew a life vest and we bought a second one for her.

Another exhibit ...

JB: What is that a picture of?
CA: It's a picture of caylee at the sliding (???) box.
JB: Is she much bigger in that photograph?
CA: Yes

Publish photo to jury.
 

JB approaches CA - noted previous objections overrule- publish to jury pic taken 1 yr before she passed away....Caylee is climbing the ladder = hands are on her light a touch not firmly - she became better @ climbing the ladder into the pool - yes she could even climb into the pool.....

exhibit DV - picture - CA looks @ smiles - another image from the last one....little further along climb ladder - (same object - overrule) enter into evidence #51 -publish to jury....approach witness - with another picture...Caylee same day when she made it to top platform of the ladder....DW - (same object- overrule) - publish to jury receive in evidence - another picture - CA smiles and shakes her head- shows attempting to go around caylee - used to have Caylee sit on top platform - she would sit with feet in the water....we would get around her and into the pool - to receive...object-overrule - receive in evidence....- Caylee on the first step on the inside - you are behind her? yes- did she try ....object relevance and improper opinion - as Overrule...

as she got older - following year she got more anxious - always had a life jacket on her...summer 08 - put pool together Mar or April - swam 3-4 times per week with life vest on....on vacation during June 2008 - one week off - how often during that week did Caylee go swim - everyday.....approach w/photo DY to CA - photo of CA @ the pool holding onto Caylee - Caylee was in the pool....exhibit DY- same objections -overrule - receive in evidence - publish to jury....yes once I got to the other side and got feet in water it was ok for her to get in water.....numerous precautions around the pool....made sure once Caylee started walking - used to have a pool box next to the pool - once Caylee was toddler - moved that put up against house - two hangings on my house below that where tree is - put deck box so she could not climb on deckbox to get into the ladder(?) took precautions to keep ladder off the pool - she had to be with one of us - show her how to go up and down backwards and forwards and why she could get hurt- life vest on the back patio- she grew out of that one that was 2nd one - got a lifevest over her suit....few months later outgrew this vest by following summer.....defense exhibit EB - picture...picture of Caylee by sliding glass door from living room going into screen patio - much bigger in that photo? yes - object-overrule receive in evidence - publish to jury - Caylee opening back door slider - with kerchief on her head and floral dress and tennis shoes - she may have been an inch or a little taller - might be accurate height if she were barefoot....did Caylee ever leave the house barefoot? to go to store - 99% sure we put shoes - she liked to wear....kc wipes a tear... shoes actually...sliding glass door open - no bars preclude them being open - don't have one - didn't put one in.....could Caylee open doors fairly easily doors @ her age? yes she could.....on 6/16/08 did you come home and notice pool ladder was up as depicted in picture....highly unusual yes so much I called GA to see if he had left pool ladder up - also noticed side gate was open....next day went to work and told Debbie Bennett or Charles or both....would you have told Debra Polisano ? she may have overheard if she was making cup coffee - we had cubicles you could hear just about everything in the back....why tell co-workers about ladder (object-sustain) during 6/16/08 were you having marital problems (object- relevance - sustain - may we approach? sidebar




 
Prior to the last time you saw Caylee, was she about this height?
She may have been a bit taller. It might be the accurate height (in that photo).
Did she ever leave the house barefoot?
No. She liked to wear shoes, actually?
Was it your custom to always put shoes on her?
Yes.
The sliding glass door, some of them have bars to prevent them from being open. You didn't put one of those on there, did you?
No, we didn't.
Could Caylee open doors easily at her age?
Yes, she could.
On June 16 2008 did you come home and find the ladder up
Yes, it was attached to the pool.
Was that a highly unusual event for you?
Did you go to work the next day and tell anyone?
Yes, I think so.
Who did you tell?
Debbie Bennett.
Would you have told Debbie Politano?
If she was in our work area ... We had cubicles you could hear everything that went on.
Why did you tell your coworkers about the ladder being up?
Objection.
During this time of June 2008, were you having any marital problems?
Objection.
Sustained.

SIDEBAR
 
*WFTV saying GA in the back of the courtroom clutching his bible*
*ICA not crying anymore - looking at monitor of what is being said in sidebar*
*Present at the sidebar - JA, LDB, FG, CM, JB

SIDEBAR #3 (9:25-9:38)

DIRECT EXAMINATION OF CA BY JB - continued

She was shown Photo DU. She believes it was taken in the summer of 2007.

Noting previous Overruled Objection, the photo was marked as Exhibit 50 and it was published to the Jury.

The photo showed Caylee climbing the ladder with Cindy holding her - actually CA said her hands were there, but with a light touch. As the year went on she was able to climb in the pool by herself and she agreed she was just there as a safety net.

She was shown Photo DV and identified it as Caylee climbing the ladder - another image She was a little further up the ladder.

State: OBJECTION BY LDB - OVERRULED - Photo marked as Exhibit 51 and was published to the Jury.

She was shown another photo (DW) and said it showed Caylee that same day when she made it to the top platform of the ladder.

State: OBJECTION BY LDB - OVERRULED - Photo marked as Exhibit 52 and was published to the Jury.

She was shown another photo (DX) and identified it as her attempting to get around Caylee - they usually had her sit on the top step - get around her and then receive her into the pool.

State: OBJECTION BY LDB - OVERRULED - Photo marked as Exhibit 53 and was published to the Jury.

She was shown another photo and identified it as showing Caylee on the first step into the pool with CA behind her.

Did she often get anxious and want to get in?

OBJECTION BY LDB- relevance and improper opinion - OVERRULED

For the most part she would wait for them, but the following year she was more anxious and was more familiar with the pool. They always had a life jacket on her.

In summer of 2008 she believes she put the pool together in March or April and she would swim maybe 3 to 4 times a week - always with the life vest on.

When she was on vacation during June of 2008 - one week - Caylee went swimming every day.

She was shown another photo (DY) and identified it as her in the pool holding on to Caylee.

OBJECTION BY LDB- same - OVERRULED - photo marked as Exhibit 54 and published to the Jury.

This photo showed her trying to get into the pool with Caylee anxious to swim off and her trying to hold her. She agreed they took numerous precautions around the pool. The made sure that once Caylee started walking - they used to have a pool deck box next to the pool just a little further than the ladder - and once she was a toddler, they moved it to up against the house so that she couldn't climb on it to get into the ladder and they took extra precaution every day to keep the ladder off the pool unless they were swimming. They also made sure they taught Caylee she had to be with one of them to go into the pool. They took precautions of her going up and down the ladder backward and forward. They told her they had to be with her and why. They kept the life vest inside the patio.

The vest in the photo was the second one they bought for her. After this they bought a removable life vest that would go over her suit. These photos were taken after the video just shown.

She was then shown another photo (EB) and identified it as a picture of Caylee at the sliding glass door from the living room going into their screened patio. She agreed Caylee appeared to be much bigger in this photo.

OBJECTION BY LDB - OVERRULED - photo was marked as Exhibit 55 and published to the Jury

Prior to the last time she saw Caylee, she was possibly an inch taller than this picture.

*ICA wiping tears and blowing her nose while watching the monitor*

Caylee never left the house barefoot to go anywhere - 99.9% sure - she liked to wear shoes. CA always put shoes on her. Was it ICA's custom?

OBJECTION BY LDB - SUSTAINED

The sliding glass door - they did not have bars on the door.

Caylee could easily open doors.

On 6/16/08 she came home and noticed that the ladder was up on the pool. It was highly unusual and she called GA to see if he left the pool ladder up and she also noticed that the gate was open. She may have commented to this to Debbie Bennett or Charles at work. She may have told Debbie Policano. Why did you tell your co-workers.

OBJECTION BY LDB - SUSTAINED

During this time period were you having marital problems?

OBJECTION - relevance - SUSTAINED

JB requested SIDEBAR #4 (9:59-
 
trial214.jpg
 
HJBP: If your theory of defense is ever changing... maybe you should just tell me what your theory of defense is. At least somebody try to explain it to me...
 

HHBP - asking defense - you profered her Father and Brother sexually abused the defendant -- I have reviewed the case and the cases cited within this case....the Mateo case d to do with police retalliating....police agree to have a tape where witness became ill...SA reneged on their promise - as long evidence is relevant to that particular issue cannot use broad blanket of defense to just get any and everything in ...if I am mistaken - only base it on - what you said in your opening statement- victim of Caylee climbing ladder into swim pool - if your theory unse is changing ....may....restate your theory of defense - profer sidebar....



 
10:29 - No jury

HHJBP - I've reviewed the Matao (sp) case - a 2006 decision of the Second District Court of Appeals dealing with the issue of the theory of defense. Mr. Baez, your theory was that this was an accidental drowning that your client's behavior subsequent to the drowning was caused by long term sexual abuse of ICA at the hands of her father and brother. Correct?

JB -Among other things.

Among other thinks like what? Because that's the only thing you said in your opening statement. I've reviewed the case and those cited within it and all of these things - the Matao case had to do with issues of police retaliating. In Matao the state had agreed to stip to a tape - where the witness who was going to predicate the tape became ill and couldn't show up, so the state semi-reneged on their promise and interjected and objection of relevancy. As long as the evidence is relevant and admissible - so what is your theory of defense, because you cannot use the broad blanket of theory of defense to get anything and everything in. The only thing I can base it on is what you said in your opening statement. That's why I admitted the photos of Caylee climbing up the steps into the pool, Now if your theory is every changing, maybe you just simply need to tell me your theory.

CM - May we approach the sidebar your Honor?

HHJBP - Yes.

SIDEBAR# 5 (10:30-
 
HHJP: Correct me if I'm wrong, but if your theory of defense was that this was an accidental drowning that your client's behavior subsequent to the drowning was caused by long-term sexual abuse by the hand of her father and brother, well among other things, that's the only thing you've said in your OS. ... I can only go by what you said in your opening statement. That's why I admitted the photos of the victim, Caylee Anthony, entering in the swimming pool If your theory ever changes, maybe you need to tell me what your theory of defense is ... someone try to explain it to me...


WOW!

Another sidebar.
 

Sidebar continues and HHBP asking about what is the defense theory again.....the jurors are not in the courtroom - why not argue this in open court? After all, they formulated a defense and presented it and we are this far into trial - still nothing to support DT theory....interesting how LA and Stan Strickland entered courtroom @ this moment in time


 
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