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Hearing Canceled Due To Attorney Hurting Back

Posted: 10:41 pm EDT May 20, 2009Updated: 2:14 pm EDT May 21, 2009

A hearing scheduled for Thursday morning began late only to discuss that it was being canceled. The hearing was intended to have a judge decide whether to force the Anthonys to answer questions in a civil case against Casey.


VIDEO REPORT: Thursday Hearing Canceled
RAW VIDEO: Attorney Can't Attend Hearing
CINDY DEPO: Part 1 | 2 | 3 | 4 | 5 | Read | Images
GEORGE DEPO: Part 1 | 2 | 3 | 4 | 5 | Read | Images
LEE DEPO: Part 1 | Part 2 | Part 3 | Part 4 | Part 5
FRUSTRATED CINDY: Lashes Out After Deposition

George and Cindy Anthony are trying to avoid further questioning by lawyers representing Zenaida Gonzalez, who is suing their daughter Casey for defamation. The Anthonys say they were subjected to public ridicule, the first time they were questioned in the lawsuit, for the way they behaved and they don't want to face that kind of criticism again.

Circuit Judge Jose Rodriguez was to hear the Motion to Compel in the Zenaida Fernandez-Gonzalez vs. Casey Anthony civil case Thursday morning. However, the hearing had to be canceled, but not before the judge asked Zenaida's attorney to come to court.

"I got a phone call from Brad Conway, who is counsel for the witnesses, Cindy and George Anthony, which are the primary purpose of today's meeting, and said he had thrown his back out and could not be here this morning," explained Zenaida's attorney, Keith Mitnik. "I then called Lee Anthony's attorney and told him because … I wanted to do them together … For strategic reasons and a lot of reasons it made sense to put it off."

Mitnik said he called the judge's office and sent an email about the plan to cancel, but the judge preferred a face-to-face approach to have a record of the change of plans.

"The record is extremely important, particularly at a juncture like this," Judge Rodriguez said.

Mitnik said he wanted to reschedule, but a date wasn't set.

Gonzalez is suing Casey because Casey claimed a woman with the same name kidnapped Caylee.


CASEY ANTHONY'S ATTORNEY TO QUESTION DEPUTY AGAIN

Casey Anthony's defense team is calling back a witness for a second round of questioning. Jose Baez will question Orange County Deputy Adriana Acevedo again next month, even though he already took her deposition last week.

Deputy Acevedo first responded to the scene where Caylee's remains were eventually found when meter reader Roy Kronk originally called 911 to report seeing something suspicious in August. She went there again, two days later, with Kronk and another deputy.

Acevedo's deposition is scheduled for June 8.


WHAT'S NEXT?

On May 28, Jose Baez will be back in court trying to get a jail videotape thrown out. The tape supposedly shows Casey's reaction as she watched the discovery of Caylee's remains play out on Channel 9.


CIVIL SUIT 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 said during a 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.

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