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Judge: Civil Case Against Casey Can Move Forward

Zenaida Gonzalez, the woman who is suing Casey Anthony for defamation, won her court battle Tuesday in a motion hearing that started just after 10:30am.

Casey Anthony's lawyers tried Tuesday to have a defamation suit against her tossed out, but a judge ruled the civil case can move forward.

The case was filed by Zenaida Gonzalez, a woman with the same name as the nanny who Casey claimed took Caylee. Gonzalez says because of that claim her life has been ruined.


COURT HEARING: Watch Raw Video | See Images
VIDEO REPORT: Civil Suit Moving Forward

Circuit Judge Jose Rodriguez had some words of caution about Casey's refusal to answer most of the written questions Zenaida wanted her to answer.

One of Casey's attorneys, Jonathan Kasen, attended the 30-minute hearing to convince the judge to throw out the defamation case.

"They never established the individual in question, his client, and Mr. Morgan's client is that individual who was allegedly disparaged or defamed," said Kasen.

"The court as you mentioned, in January 2009, sought to have a, to split the baby if you will," he said.

"No, I was not splitting any babies," replied Judge Rodriguez.

Zenaida Gonzalez' attorneys convinced the judge to add the possibility of punitive damages to the case, arguing the damage was done when investigators questioned Zenaida after Casey's story about last seeing Caylee with a woman of the same name at the Sawgrass Apartments.

"That was the defamation to her," said Zenaida's attorney Keith Mitnik.

Casey has waffled on whether the Zenaida Gonzalez who is suing her is the one who took off with Caylee.

"Our client said, 'I don't know this lady, never heard of her, never babysat for her. I don't know what you are talking about,'" said attorney Keith Mitnik. "It's troubling that she resists answering that question. Why do you think? I don't know. I don't know whether she wants to keep her options open. I don't know."

Casey's attorney could not rule out that she could use Zenaida as a defense.

"I think that's speculative," Kasen said.

The judge is allowing Gonzalez's attorney's to seek punitive damages.

"If there are two statements that are opposite, it becomes a question of fact for the jury," said Judge Rodriguez.

George and Cindy Anthony were inside the courtroom for the hearing along with their attorney Brad Conway, but Cindy and George were not so light-hearted when they left, after things did not go Casey's way.

The motion to dismiss the civil suit wasn't discussed at length because Gonzalez's attorney's plan to amend the suit with the punitive damages.

George, Cindy, and Lee Anthony have already been deposed in the civil suit about what they know about the mysterious nanny.

"Zenaida didn't think Caylee should have been with Casey, for whatever reason. And that she was taking Caylee from her for a period of time to teach her a lesson," Lee Anthony during a deposition.

Cindy Anthony is expected in court Thursday. Gonzalez's legal team wants a judge to force her to answer questions and to pay for their costs. The attorneys want to know if Casey ever used Cindy's credit cards without permission. Cindy refused to answer that question during her first deposition.

Circuit Judge Jose Rodriguez will hold a hearing on a Motion to Compel in the Zenaida Fernandez-Gonzales vs. Casey Anthony civil case on Thursday, May 21 at 10:30am.


DEPUTY SUBMITS LETTER OF RESIGNATION IN CASEY CASE

In the case against Casey Anthony, Orange County Deputy Richard Cain submitted his letter of resignation (read resignation letter) Monday and will not appeal the discipline he was given following a professional standards investigation into allegations that he did not properly investigate a citizen’s tip relating to the Caylee Anthony investigation.

Last August, Deputy Cain went to the area where Caylee Anthony's remains were eventually found. However, while he was there Cain said he saw nothing suspicious.


READ: Deputy Cain's Resignation Letter

The professional standards investigation determined that Cain had violated two of the agency’s standards of conduct, unsatisfactory performance, for which he was given a 160 hour suspension, and truthfulness, for which he was terminated.

The sheriff's department says he didn't do a proper search and he was fired for lying about it. Cain was supposed to appeal at a hearing, which was set for Tuesday May 19, but it was cancelled.

Deputy Cain joined the sheriff’s office on June 6, 2006 and was assigned to the Uniform Patrol Division.


CASEY'S EX-DEATH PENALTY ATTORNEY RELEASES STATEMENT

Casey Anthony's former death penalty attorney, Terence Lenamon, released a statement (read it) Thursday that appears to be a thinly-veiled criticism of Casey's current defense team.


READ: Terence Lenamon's Statement
VIDEO REPORT: Former Casey Attorney Releases Statement
RAW VIDEO: Lenamon On Nancy Grace

Lenamon says American Bar Association guidelines require conflict free investigation, evaluation and preparation.

Lenamon and defense attorney Jose Baez parted ways over a disagreement about whether Casey should use a mental health defense.

Eyewitness News has been told Baez is keeping very tight control over Casey and her defense, even though he is not a death penalty-qualified attorney and has not yet hired one for his team.


WHAT'S NEXT IN CASE AGAINST CASEY?

Casey Anthony will be back in court on May 28. At that time, we may learn more about the mystery death penalty-qualified attorney that Jose Baez says has joined the defense team.

Casey's attorneys will also fight to keep a jail video secret. It shows Casey doubling over and hyper-ventilating after she learned a young girl's remains had been found that turned out to be her daughter.

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