"A secret conversation between Anthony and her lawyers prompted them to ask for an emergency competency hearing and halted court Saturday, according to court records released this morning.
"Counsel reasonably believes that Ms. Anthony is not competent to aid and assist in her own defense and is incompetent to proceed," stated the two-page motion filed in court Saturday.
The details of the privileged conversation between Anthony and her attorneys were not part of the public record released this morning.
Perry responded that same day by ordering forensic psychologists Dr. Harry A. McClaren, of Chattahoochee; and Dr. Ryan C.W. Hall, of Lake Mary; as well as psychologist Dr. Daniel Tressler, of Altamonte Springs — to evaluate Anthony at the Orange County Jail.
The psychologists determined Anthony is competent to stand trial."
REPORTERS ANTHONY COLOROSSI AND BIANCA PRIETO; THE ORLANDO SENTINEL;
A backgrounder on this high profile Florida case can be found on Wikipedia at:
http://en.wikipedia.org/wiki/Death_of_Caylee_Anthony
MARK CALENDER NOW: IMPORTANT JOINT NPR, FRONTLINE, PROPUBLICA INVESTIGATION OF CHILD DEATH CASES INVOLVING ABUSE, ASSAULT AND "SHAKEN-BABY SYNDROME." ASKS IF DEATH INVESTIGATORS ARE BEING PROPERLY TRAINED FOR CHILD CASES; FIRST OF THREE SEGMENTS ON "THE CHILD CASES" AIRS ON JUNE 28 AT 9.00 PM:
When a child dies under suspicious circumstances, abuse is often suspected. That's what happened in the case of six-month-old Isis Vas, whose death was deemed "a clear-cut and classic" case of child abuse, sending a man named Ernie Lopez to prison for 60 years. But now a Texas judge has moved to overturn Lopez's conviction, and new questions are being asked about the quality of expert testimony in this and many other similar cases. In this joint investigation with ProPublica and NPR, FRONTLINE correspondent A.C. Thompson unearths more than 20 child death cases in which people were jailed on medical evidence -- involving abuse, assault and "shaken-baby syndrome" -- that was later found unreliable or flat-out wrong. Are death investigators being properly trained for child cases? The Child Cases is the first of three magazine segments airing June 28 at 9 p.m. (check local listings);
http://www.pbs.org/wgbh/pages/frontline/the-child-cases/
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"Casey Anthony's defense team is urging Chief Judge Belvin Perry to declare a mistrial in the young woman's murder trial, according to a motion her attorneys released this afternoon," the Orlando Sentinel story by reporters Anthony Colarossi and Bianca Prieto published earlier today under the heading, "Casey Anthony trial: Casey's team seeks mistrial based on death-penalty ruling," begins.
"The motion cites a recent federal court ruling on a South Florida case that said the state's death penalty statute is unconstitutional," the story continues.
"The defense wants Perry to hold a hearing on the issue, order the prosecution to file a memorandum of law on the issue and protect Anthony's due-process rights by declaring the statute unconstitutional.
"It also asks Perry to "declare a mistrial in this case and begin jury selection anew with a non death-qualified jury."
The motion was filed by defense death-penalty expert Ann Finnell.
Finnell also this afternoon questioned John Allen, a sergeant with Orange County Sheriff's Office.
This is the first time Finnell has questioned a witness during the trial.
Casey Anthony, 25, is accused of killing her 2-year-old daughter Caylee Marie in the summer of 2008. The toddler's remains were found in December of that year in woods near her family's east Orange County home.
The defense team's latest attempt to get a mistrial comes hours after Perry announced that Anthony had been declared competent for trial.
A secret conversation between Anthony and her lawyers prompted them to ask for an emergency competency hearing and halted court Saturday, according to court records released this morning.
"Counsel reasonably believes that Ms. Anthony is not competent to aid and assist in her own defense and is incompetent to proceed," stated the two-page motion filed in court Saturday.
The details of the privileged conversation between Anthony and her attorneys were not part of the public record released this morning.
Perry responded that same day by ordering forensic psychologists Dr. Harry A. McClaren, of Chattahoochee; and Dr. Ryan C.W. Hall, of Lake Mary; as well as psychologist Dr. Daniel Tressler, of Altamonte Springs — to evaluate Anthony at the Orange County Jail.
The psychologists determined Anthony is competent to stand trial.
Each was asked to look into Anthony's ability to consult with her counsel with ration understanding, as well as a rational and factual understanding for the proceedings.
The doctors also evaluated her ability to understand the legal process, disclose pertinent facts to her attorney regarding the proceedings, behave appropriately in court, and testify relevantly.
Perry ordered the doctors to submit a written report to the court. That medical report is sealed, but not the motion requesting the psychological evaluations, Perry said.
James Hoover questioned about tapes
Late today, James Hoover, who worked as a private investigator for the Anthonys, testified and authenticated video tapes of a search off Suburban Drive conducted in mid-November 2008, less than a month before Caylee's body was found.
Hoover said they searched in the area where Caylee's remains were ultimately found, although the prosecutor Linda Drane Burdick objected, saying he had no direct knowledge of the exact location of her remains.
Jurors viewed the tapes. It shows some searching along Suburban Drive. It also shows a search through plastic bags around some sheds.
Hoover said he was conducting the search with fellow investigator Dominic Casey, who was also called to the stand today.
"He was looking for Caylee's remains," Hoover said.
The searches on Nov. 15-16 followed a tip that the child was "in the wooded area and deceased," Hoover said.
Melich says he 'misstated' dates
After Perry declared Anthony competent to stand trial, the defense called Detective Yuri Melich to the stand. He acknowledged that he misstated the dates he had subpoenaed cell phone records for Roy Kronk, the man who found Caylee Marie's remains in December 2008.
He initially told jurors last week that he secured those records from July through December of that year. But today he said it was just a short period during June and early July.
"Are there any other incidents where you've misspoke to this jury?" defense attorney Jose Baez asked.
"Not to my knowledge, no. You're suggesting I intentionally misinformed the jury. I did not," Melich responded.
The lead detective said many others had their cell phone records subpoenaed, especially friends of Casey Anthony. But the period of subpoenas was generally during the timeframe during which Caylee was believed to be missing in June 2008.
Michael Vincent and Gerardo Bloise of the Sheriff's Office crime-scene unit also were called to the stand.
Later, the defense called Orange County Deputy Jason Forgey, whose K-9, Gerus, got involved in the Casey Anthony case and alerted authorities to a possible site of decomposition.
FUI decomposition expert rebuts state
Florida International University professor Kenneth Furton, an expert in human decomposition, just told jurors he knows of no scientifically valid instrument capable of detecting the chemicals associated with human decomposition.
His testimony is meant to directly rebut the findings of scientists at Oak Ridge National Laboratory, especially Dr. Arpad Vass, who identified chemicals consistent with human decomposition in air samples collected from the trunk of Casey Anthony's Pontiac.
Furton said he has studied chemicals given off by forensic specimens, as well as human decomposition. Since 2003, he's directed student research while a professor of chemistry and biochemistry at FIU.
In his testimony, Furton explained that while instruments can be used to examine "volatile organic compounds" associated with decomposition, no instrument yet exists that is capable of identifying human remains.
'Legal matter' ended Saturday's session early
Perry's disclosure about Anthony's competency helps explain why Saturday's session ended early.
Even though Saturday was supposed to be an extended workday, the lawyers in the case met outside the courtroom and discussed matters that are sealed.
Perry came out of the conference and announced in court that a "legal matter" needed to be addressed and court was recessed for the day.
It's unclear who the defense will call to testify today; however, Sgt. John Allen and Deputy Jason Forgey from the Orange County Sheriff's Office are in the hallway.
Last week, the defense called a range of witnesses, including FBI analysts, Orange County investigators, Anthony's mother Cindy Anthony, and her brother Lee Anthony.
On Friday, defense attorney Jose Baez told Perry he expected to wrap up presenting their case by Wednesday or Thursday. When the defense concludes its presentation, the state will take a day or two for rebuttal."
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The story can be found at:
http://www.orlandosentinel.com/news/local/caylee-anthony/os-casey-anthony-trial-day-29-20110627,0,3654894.story
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PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com
