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WFTV Legal Analyst Describes Private Investigators' Video

Posted: 5:55 pm EST January 9, 2009Updated: 10:06 pm EST January 10, 2009

WFTV's legal analyst viewed the video showing a private investigator for the Anthony family talking on the phone and digging with a shovel at the scene where Caylee's body was later found. That private investigator was caught on camera, but until Bill Sheaffer had a chance to view it, few details were known about what the video showed.

"He was digging in the soil. He had a probe that he was probing in the soil. He was also picking up items at the crime scene and tossing them aside," WFTV legal analyst Bill Sheaffer told Eyewitness News on Friday (watch full interview).


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SHEAFFER UNEDITED: Legal Analyst Describes Video
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Sheaffer said the Anthonys' private investigator, Dominic Casey, picked up what appeared to be a blanket at the scene and tossed it aside and that it did not appear Mr. Casey and his colleague, private eye Jim Hoover, who was behind the camera, were doing a random search.

Sheaffer said Mr. Casey appeared to be focused on areas where there was a configuration of stones or concrete pavers, not just at the crime scene, but also at what appeared to be an abandoned back yard where Mr. Casey was actually digging.

"Mr. Casey was digging in the area, actually digging with a garden shovel, in an area where it appeared to be a black plastic bag sticking out of the earth," Sheaffer said.

Sheaffer said it was obvious Mr. Casey knew the camera was rolling because he was actually directing Mr. Hoover on where to shoot.

Sheaffer said, back at the scene the second day, Mr. Casey was probing the ground with a metal rod and not just superficially but deeply enough that he could have destroyed evidence.

"It was a metal probe and if he hit the skull or the bones of that skeletal remains he could have fractured it, he could have otherwise altered it and it would have thrown the whole forensic examination of the bones off," he said.

Questions remain about who Mr. Casey was talking to at the scene on the phone and who told him where to look and what to look for.


CASEY FORCED TO APPEAR IN COURT FOR HEARING

Casey Anthony was publicly seen Thursday for the first time in nearly three months and it was a legal snafu that dragged her out of her jail cell and into court. Casey failed to waive her right to sit in on Thursday afternoon's hearing where her lawyers fought for access to pictures of her daughter's remains.


CASEY AT COURT: See Images | Casey Walks In
UNEDITED COURT HEARING: Part 1 | Part 2
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VIDEO REPORT: Judge Makes Casey Attend Hearing

Casey was brought into the courtroom in shackles around 2:55 (images | raw video), nearly an hour and a half after the hearing began. The state argues she has to attend all her pretrial hearings. Since she did not formally waive her right to attend Thursday's hearing, Judge Stan Strickland made her come into court.

It was the first time Casey had been seen since she was formally charged with first-degree murder on October 14. Dressed in a blue jail jumpsuit, she showed no emotion and often times stared at the table during the court appearance.

Originally, Casey did not show up for the hearing, even though state statue requires defendants to attend all pre-trial hearings unless they make a written request to waive their right to attend, but Judge Strickland ordered her pulled from her cell.

Judge Strickland explained to her, from now on, if she wants to waive her right to attend she must put it in writing and it will be under the court's discretion.

Prosecutors called for the hearing and asked Judge Strickland to place restrictions on the photographs of Caylee's remains. The state was worried someone would get a hold of them and sell them to the tabloids.

Judge Strickland decided to put them in Jose Baez's custody and Baez agreed the photographs would not be used for profit and a secure website will be put into place so that only authorized people will have access.

A January 15 status hearing was canceled and a trial date has not been set. Jose Baez wants the case to move forward as soon as possible.

The judge made several other rulings in the case Thursday. Among them, prosecutors have 20 days to make hair found in Casey's car available for the defense to inspect. It's that hair that experts say belonged to Caylee and showed signs of decomposition.

The prosecution also has to produce the forensics report on Casey's car within 30 days. And, within 20 days, the defense will also get unedited copies of the 911 phone calls from the utility worker, Roy Kronk, who found the remains.

Caylee Anthony was 2 years old when she went missing in June, but her remains were not found until December. She had been missing for about a month before her mother reported it. Casey Anthony has been charged with first-degree murder and other charges.


CASEY'S DEFENSE TEAM GETS LEGAL VICTORY IN CIVIL SUIT

There were questions for Casey at a morning hearing Thursday (watch hearing). The lawyers representing Zenaida Gonalez said they need to interrogate Casey so their civil lawsuit regarding her claims of a mystery babysitter can proceed.


ZENAIDA ATTORNEY: Interview After Court Hearing
RAW VIDEO: Hearing On Deposition
VIDEO REPORT: Legal Victory For Casey

Casey's defense team, though, said any testimony could hurt her right to a fair murder trial.

The woman with the same name as the elusive baby-sitter, Zenaida Gonzalez, was in court Thursday morning. She's suing Casey Anthony for defamation of character. The woman's attorneys wanted Casey to show up for her scheduled deposition Monday, but that's not happening.

"The court will not allow the deposition to take place as it has been indicated at this time," Judge Jose Rodriguez said in court.

However, Judge Rodriguez is going to allow Zenaida's lawyers to submit written questions to Casey.

Attorney Jose Baez doesn't want Casey to speak on the record before the criminal case, because he's concerned she could say something incriminating. WFTV's legal analyst said the ruling Thursday wasn't just a win for the defense.

"It's a victory for Anthony because she doesn't have to answer questions live at this time and can consult with her lawyer when she's answering these questions," Bill Sheaffer told Eyewitness News (watch full interview).

Attorneys John Morgan and Keith Mitnik represent Gonzalez (interview with attorney). They're concerned Casey will use the Fifth Amendment during questioning when it happens and they said all that does is delay clearing Gonzalez's name.

"The public, I think, knows now that what Casey Anthony said is a lie," John Morgan said.

Morgan told Eyewitness News he's also working on scheduling depositions for Casey's parents and brother Lee Anthony. They said the suit is far from over.

"You ask me, I feel like we come out of this with a win. We're going to go out and celebrate," Gonzalez attorney Keith Mitnik said.

The defense now has 30 days to respond once the plantiff sends over written questions.

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