ORANGE COUNTY, Fla. -- Publicly Casey Anthony’s defense team has always insisted that Caylee Anthony is alive. They did it as late as Wednesday.

“We all believe she’s alive,” said Jose Baez during a hearing at the Orange County Courthouse on Wednesday.

But Eyewitness News has learned that behind the scenes, the defense sent 30 pages of documents to prosecutors. In those documents, Casey’s lawyers argued that if Caylee is dead, “it was almost certainly a tragic accident.” The documents also said Caylee could’ve been poisoned by Chloroform or she could have died while she was sedated. They said the cause of death could have been an unwitting overdose of a sedative.

The defense documents went on to describe Casey as troubled, possibly depressed. They said her behavior had been erratic ever since Caylee’s birth and particularly in the months before the little girl’s disappearance. The documents also said Casey’s lack of emotion after Caylee’s disappearance is proof that Casey is not normal and could possibly be suffering from mental or emotional stress.

The defense used those documents to argue that the death penalty is not an appropriate sentence in Casey’s case because she is young and she’s never had a criminal record. However, the documents never mention Casey’s story that a babysitter took Caylee and disappeared with her.

Eyewitness News learned that dissention among the defense team may be behind the release of those documents. The death penalty-qualified attorney, who is helping Jose Baez, said he wanted Casey to be evaluated by a nationally known psychologist who was involved in the Unabomber and the Elizabeth Smart cases. The attorney thinks Casey is mentally ill, but we’re told Baez rejected his suggestion.