Wednesday, June 29, 2011

CASEY ANTHONY; DEFENCE TO REST AS SOON AS TOMORROW; BIG QUESTION: WILL SHE TESTIFY? ORLANDO SENTINEL;



"In an incredibly emotional morning of testimony, George Anthony, the grandfather of Caylee Marie, broke down several times on the witness stand today after he denied sexually abusing his daughter Casey and acknowledged he tried to kill himself "to be with Caylee."

George Anthony was especially emotional as he spoke of his early 2009 suicide attempt and feelings he had after investigators recovered his granddaughter's remains on Dec. 11, 2008.

He also was grilled by defense attorney Jose Baez much of the morning. Baez has claimed that George Anthony sexually abused his daughter Casey and also knew that his granddaughter died in an accidental drowning in June 2008.

George Anthony's testimony today directly contradicted all of those claims.

Caylee's grandfather also said he purchased a gun to force Casey Anthony's friends to tell him what happened to his granddaughter."

REPORTERS ANTHONY COLOROSSI AND WALTER PACHECO; THE ORLANDO SENTINEL;

A backgrounder on this high profile Florida case cane be found on Wikipedia at:


http://en.wikipedia.org/wiki/Death_of_Caylee_Anthony


A GUIDE TO NPR/FRONTLINE/PROPUBLICA'S "THE CHILD CASES."

http://smithforensic.blogspot.com/2011/06/child-cases-guilty-until-proven.html


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"The defense could rest its case as soon as tomorrow, attorney Jose Baez told Judge Belvin Perry at the end of court today," the Orlando Sentinel story by reporters Anthony Colarossi and Walter Pacheco published earlier today begins under the heading, "Casey Anthony trial: Defense to rest tomorrow."

""I certainly think we will accomplish that tomorrow," Baez said, when asked when he would rest his case," the story continues.

"But what remains unclear is whether Casey Anthony will testify in her own defense.

After Baez's announcement, Perry advised the state to get rebuttal witnesses together on Thursday. The state's rebuttal could take two days, and closing arguments could take a day.

The trial, which has been going on since May, could be turned over the jury this holiday weekend, with closing arguments for Saturday or possibly Sunday.
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"I wouldn't make any plans for Sunday or Monday," Perry said.

Earlier this afternoon Florida State University grief expert Sally Karioth told jurors different people respond to grief in different ways.

"They don't suffer it in the same way. If I were to poll the room I would find that each of you handle it differently," Karioth says.

The defense has called Karioth as a witness to help explain Casey Anthony's behavior in the aftermath of her daughter's disappearance and death. She claims she was not given any details in this case and was contacted by the defense earlier this month.

But Karioth is speaking in general terms. She has not evaluated Casey Anthony and cannot talk about her case directly.

Karioth is on the stand now detailing her experience dealing and teaching about grief and trauma.

During questioning by defense attorney Dorothy Clay Sims, Karioth was given a set of hypotheticals identical to the claims made by Casey Anthony's defense team. She was then asked how someone with a family who had denial issues would respond to the death of a child.

"Young adults are reluctant grievers," Karioth said. "They may drink too much. They may do drugs too much."

She repeated that different people respond to grief and loss in a wide variety of ways.

But then prosecutor Jeff Ashton spelled out a hypothetical identical to Casey Anthony's history of lying in the days after Caylee went missing and he asked if that would be the normal grief response.

"I would agree that that's a young woman in crisis who is unable to figure out how to make things better," Karioth says. "I would think that we need to get her some help...I would call that more magical thinking..."

Then Ashton asked her to add the hypothetical that "the mother killed the child!"

That's when the defense objected and called for a sidebar discussion.

Karioth is a Florida State University professor who has worked with families who have lost loved ones experiencing loss. She doesn't charge for seeing people, Karioth said.

"Death and grief and big losses and trauma are the big reasons someone would come to see me," Karioth said.

Son of Kronk contradicts father's testimony

Earlier, Brandon Sparks, the son of former meter reader Roy Kronk, testified and contradicted his father previous testimony from today.

Sparks said his estranged father told him he had found Caylee's remains in Nov. 2008 — several weeks before they were recovered in the woods near the Anthonys east Orange County home.

Kronk told him he knew something about Caylee's disappearance over a cellphone conversation.

"He told me that he knew where the remains were," Sparks said in November of 2008. This was around Thanksgiving time of that year, he recalled.

His testimony contradicts what Kronk told jurors Tuesday.

Sparks told Burdick he didn't remember when he spoke with Kronk until he was reminded by his mother and wife on Dec. 11, 2008.

He said he thought his father's initial story was "far-fetched" but it became relevant on Dec. 11, 2008, when it turned out he had found the remains.

Sparks also said that Kronk told him he was going to be rich and famous. Kronk never told him that he had taken the skull from the scene.

Brandon Sparks, the son of former meter reader Roy Kronk, said his estranged father told him he had found Caylee's remains in Nov. 2008 — several weeks before they were recovered in the woods near the Anthonys east Orange County home.

Sparks said he had been estranged from his father since childhood, but had developed a new relationship with him during that year. Kronk told him he knew something about Caylee's disappearance over a cellphone conversation.

"He told me that he knew where the remains were," Sparks said in November of 2008. This was around Thanksgiving time of that year, he recalled.

His testimony contradicts what Kronk told jurors Tuesday.

Sparks told Burdick he didn't remember when he spoke with Kronk until he was reminded by his mother and wife on Dec. 11, 2008.

He said he thought his father's initial story was "far-fetched" but it became relevant on Dec. 11, 2008, when it turned out he had found the remains.

Sparks also said that Kronk told him he was going to be rich and famous. Kronk never told him that he had taken the skull from the scene.

Man arrested for handing out pamphlets

Also, shortly before court started, a protester known for distributing pamphlets or leaflets meant to influence jurors outside Orange and Osceola courthouses, was arrested.

Mark Schmidter, a member of the Fully Informed Jury Association, was handing pamphlets outside the designated free speech zones outside the Orange County Courthouse. Court spokeswoman Karen Levey said Schmidter dropped to his knees and refused to move.

The organization distributes what they call jury "education" information aimed at sitting or potential jurors. The documents advise that jury members may vote their conscience and they cannot be forced to obey a "juror's oath," and have the right to "hang" a jury if they do not agree with others on the panel.

His arrest is not related to the Casey Anthony trial.

Perry arraigned him today on a charge of indirect criminal contempt. His bail is set for $2,500.

George Anthony's emotional testimony

In an incredibly emotional morning of testimony, George Anthony, the grandfather of Caylee Marie, broke down several times on the witness stand today after he denied sexually abusing his daughter Casey and acknowledged he tried to kill himself "to be with Caylee."

George Anthony was especially emotional as he spoke of his early 2009 suicide attempt and feelings he had after investigators recovered his granddaughter's remains on Dec. 11, 2008.

He also was grilled by defense attorney Jose Baez much of the morning. Baez has claimed that George Anthony sexually abused his daughter Casey and also knew that his granddaughter died in an accidental drowning in June 2008.

George Anthony's testimony today directly contradicted all of those claims.

Caylee's grandfather also said he purchased a gun to force Casey Anthony's friends to tell him what happened to his granddaughter.

He also told the jury he went to Daytona Beach to kill himself because "I needed at that time to be with Caylee...I believed I failed her," he said.

Assistant State Attorney Jeff Ashton showed George Anthony his suicide letter in court and asked him to identify it.

George Anthony wrote the suicide letter to his wife Cindy Anthony while drinking beer and taking blood pressure pills. He expressed that he wrote several pages, often repeating himself.

"I had to express what I was feeling and not feeling," he testified. "I couldn't tell her face to face."

Earlier, outside of the presence of the jury, Ashton asked George Anthony about the suicide note he wrote in January 2009. Arguing that the note should be admitted, Ashton earlier said the note would prove that George felt guilt about things in his life, but is not guilty of anything the defense has alleged.

While Ashton argued, he looked over toward the defense table. And during this point, Casey Anthony started mumbling angrily aloud to her attorneys, but could not be heard beyond the defense table.

Baez said the note was hearsay and should not be admitted.

"It appears Mr. Ashton is creating a self serving exception to the hearsay rule," Baez argued.

Baez argued George should not have a free pass to say "I'm innocent. I'm innocent. I'm innocent."

But Perry said, "Someone opened the door; Mr. Ashton is trying to walk through it."

Impact of George Anthony's testimony

Already experts watching the case say that George Anthony did very little to help the defense team's case

"George Anthony categorically and unequivocally denied abusing or hurting his daughter Casey in open court today and the defense' theory he did so fizzled in a New York minute," said veteran forensic trial consultant Dean Tong, based in the Tampa Bay area.

Tong added that in his mind the defense team failed to prove this child sex abuse theory it raised in its opening statement and that failure to deliver "may not sit well with the jury."

"It's one thing to raise a hypothesis, but when launching something as heinous and reprehensible as child sexual assault, you had better be able to 'prove' it in court later," Tong concluded.

Anthonys at the stand earlier

Both of Casey Anthony's parents took the stand this morning in their daughter's first-degree murder trial as her defense team continued efforts to raise doubts about the circumstances of Caylee Marie's death.

Defense attorney Jose Baez after the break asked George Anthony if he recalled being asked by the prosecution whether he ever molested his daughter.

"I would never do anything like that to my daughter," George Anthony said.

While being questioned by the prosecution earlier this morning, George Anthony broke down on the stand even after saying, "I need to get through this" when asked if he needed a break.

His crying started as Assistant State Attorney Jeff Ashton asked questions of how he and his family responded when they learned the remains were Caylee's.

He said he felt "a deep, deep hurt inside" and confirmed that the family had held out hope she was alive.

Meanwhile, the defense has objected to Ashton questioning George Anthony about a gun he had in January 2009. Outside the presence of jurors, Ashton said George had the gun and was going to force others familiar with the case to reveal what they knew about Caylee's death and then kill himself.

Ashton said Baez raised this issue by bringing up the suicide attempt and the suicide note during his direct examination.

Ashton said that information proves that on Jan. 22, 2009, "This man had no idea who killed Caylee Anthony," in direct contradiction to the defense theory.

Judge Belvin Perry is now reviewing case law to see if this line of questioning is admissible.

Gas cans

Baez has grilled George Anthony about duct tape on one of his gas cans and when he placed the tape on the can.

He said he cannot remember exactly when, but it was sometime after a brief argument he had with Casey Anthony after he had reported the cans stolen in June 2008. At that point, Casey pulled the gas cans out of her car and told him "here are your (expletive) gas cans."

George Anthony said he thought he placed the tape on the can "eventually" because he didn't want the fumes escaping when the can was placed in a shed outside the home.

"Maybe I did, I don't remember," George said.

George Anthony on jail visit, human decomp

During his testimony, Casey Anthony shook her head and looked upset at her father's comments about her lies and deception.

Earlier, defense attorney Jose Baez asked George Anthony about conversations he had between Orange County Sheriff's Office Detective Yuri Melich and his own daughter at the Orange County Jail.

Baez asked George Anthony about differences in his rough tone when he told Melich about her web of lies and deception, but then was pleasant with her during a recorded jail visit.

"My daughter lives on the edge," he told Baez, a comment similar to one he told investigators in an earlier deposition.

It appears that her defense team could be trying to portray him as a liar, but George Anthony maintained that he was attempting to work with law enforcement, while consoling his daughter at the jail.

Baez also asked George Anthony about differences between testimony today and a previous deposition with Assistant State Attorney Jeff Ashton regarding the smell of human decomposition coming from Casey Anthony's Pontiac Sunfire.

George Anthony doesn't mention the smell of human decomposition when he spoke to Ashton in the earlier deposition, but in court today, he said he could smell human decomposition three feet away from the car.

He explained that his emotions were "all over the place" in regards to the differences in comments.

Baez mentioned media appearances when asking George Anthony if he was advocating for his daughter's innocence.

"I didn't want to believe back then that my daughter could be capable of taking the life of her daughter," George Anthony said. "I did everything I could possibly do to bring awareness [to Caylee]."

Baez also asked George Anthony about his January 2009 suicide attempt; however, Ashton objected to most of the questions and Perry sustained those objections.

George Anthony often appeared to be on the verge of crying during these questions.

After he stepped down during a recess, Cindy Anthony hugged him and took a deep breath after the emotionally charged line of questioning. They walked out of the courtroom together.

Cindy Anthony testimony

Baez asked Cindy Anthony about allegations that Lee Anthony had inappropriate contact with his sister Casey Anthony.

He asked her about Lee going into Casey's room at night, but Cindy said she did not recall this problem.

The state objected to the line of questioning, prompting the first "sidebar" of the day.

Later, Baez asked Cindy about a jail visitation video in which Cindy told Casey about a media theory that Caylee drowned in a pool.

"I said it was the latest story or theory from the media," Cindy Anthony said.

Earlier, Casey Anthony sat by herself in the Orange County Courthouse while a member of her defense team phoned in a request for a mistrial in her first-degree murder case.

It's not clear why Casey Anthony's attorneys, including Jose Baez and J. Cheney Mason, were not present at the start of court today. Other news reports suggest long lines at the security entrance and at the elevator bank prevented them from arriving on time. They walked in to the courtroom just before 9 a.m.

One of her attorneys, Ann Finnell, called in to the courthouse, stating that a recent federal ruling faulting Florida's death-penalty laws should be used in this case to trigger a mistrial.

Casey Anthony herself was forced to speak briefly when Chief Judge Belvin Perry asked her if she wanted to proceed without her attorneys in the courtroom.

She said she did: "I agree with Miss Finnell,'' Casey Anthony said.

Perry reserved ruling on the mistrial request, meaning that he will make a decision at some other time.

Casey Anthony, 25, is accused of killing her 2-year-old daughter Caylee Marie in the summer of 2008. The state wants to execute Anthony if she is convicted.

The defense began presenting its case June 16, and should be wrapping up shortly.

It's unclear exactly which witnesses will be called today, but the defense team said Tuesday there were about six remaining. It's unknown if Casey Anthony will take the stand.

On Tuesday, the defense called a variety of witnesses, including Anthony's parents and brother. Casey Anthony's father, George Anthony, denied having an affair with a woman he met after Caylee was reported missing.

The defense also questioned Roy Kronk, the Orange County meter reader who found Caylee's remains.

Kronk said he initially spotted something suspicious in the woods in August 2008. He explained how he notified law-enforcement, but they didn't conduct a thorough search in the woods.

The former meter reader returned to the woods in December 2008 and ultimately found Caylee's remains.

Late Tuesday, attorneys argued over a grief expert the defense wants to bring in today. It's unclear if she will be able to testify.

Once the defense rests its case, the state will call rebuttal witnesses. Prosecutors predicted that could take one or two days.

After the state completes its rebuttal, the attorneys will make their closing arguments."


The story can be found at:

http://www.orlandosentinel.com/news/local/caylee-anthony/os-casey-anthony-trial-day-31-20110629,0,7263970.story

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;