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Judge Won't Dismiss Charges, Fraud Trial Date Set

Casey Anthony’s lawyers lost their biggest legal fight Friday to get her murder case thrown out and the judge set a trial date for Casey's other criminal case.

On January 25, Casey will have to fight charges that she stole her best friend's checks and emptied her bank account. The judge also gave Casey's defense team a new deadline Friday.


COURT HEARING: Casey, Court Images | Raw Video
BAEZ TALKS TO WFTV : Video | Images
CONWAY ON HEARING : Video | Images
READ: Judge's Order Not Dismissing Charges
VIDEO REPORT: Casey Appears At Court Hearing

What might have been grandstanding by the defense team turned out to be another mistake. Now, the defense has until February 1 to turn over the evidence they claim they have proving someone else put Caylee's body in the woods near the Anthonys' house.

“It’s a farce. It doesn’t even come close to the legal requirements necessary for the court to even entertain a motion to dismiss,” state prosecutor Linda Drane-Burdick argued Friday. “The entire motion, from top to bottom, it is replete with errors, it’s insufficient as a matter of law."

Circuit Judge Stan Strickland ruled (read order) that Casey Anthony had not sworn to the proper and legally required facts to even ask him to drop the murder and child abuse charges against her (read motion | state's response to strike). A weak argument from defense attorney Andrea Lyon didn't help.

“It cannot be the intent of the Florida legislature that a person swear to something that they do not have personal knowledge of,” Lyon argued.

“The content of the motion, as well as Ms. Anthony’s brief affirmations, are not enough to carry the day under Florida Rules of Pleading,” Judge Strickland wrote in his order (read it).

COURT HEARING
Casey Pics | Raw Video

There were more defense mistakes that prevented the team from dealing with two of its own issues Friday. The defense did not provide its witness list for its argument to drop Casey’s charges because defense experts were barred from the active crime scene in December (read motion) and it notified the wrong agency about the hearing to shield Casey from the jail security cameras (read motion). Instead of notifying Orange County government, which runs the jail, the defense notified the sheriff's office, which hasn't run the jail since 1987.

Casey looked her mother's way when Cindy stood up in court to see her daughter wearing a sea foam green, belted, puffy-sleeved blouse (see images).

Casey got a good laugh, with everyone else, when the judge joked about all the hand cream up at the bench of courtroom 10-A, which he borrowed from Judge Alicia Latimore, but defense attorney Jose Baez was not laughing when he was ordered to turn over evidence his team claims to have proving someone else dumped Caylee's body in the woods last year. The deadline is February 1.

“Is there gonna be a bombshell on February 1st,” WFTV reporter Kathi Belich asked Casey’s attorney, Jose Baez.

“There will be something. There definitely will be something,” Baez said.

The case against Casey will go back to court in December. A pre-trial hearing is scheduled in her check fraud case for December 18, with the trial set for January 25. Her defense team has asked that the trial be moved out of Orange County, but a judge has yet to rule on that.

The defense did win the right to have the photographs of Caylee's remains copied on CDs, which they will send to their experts.


ANTHONY FAMILY INTERVIEWS WITH PROSECUTORS RELEASED

New documents were released Thursday that detail the interviews between Casey Anthony’s family and the prosecutors taking her to trial for her daughter Caylee’s murder. There are more than 1,300 pages of transcripts from the depositions of George, Cindy and Lee Anthony.

Only Eyewitness News got hold of the statement George Anthony made under oath to prosecutors two months ago. He admitted the family has taken thousands of dollars from the CBS network for doing a show and that their lawyer has been involved in negotiations for a book deal.


TRANSCRIPTS: George | Lee | Cindy Part 1 | Cindy Part 2

The transcript from George Anthony’s August 5 deposition is 335 pages long. The first questions center on Casey’s childhood; she had no health problems or behavioral problems when she was a child or a young teenager.

In the transcripts, George Anthony made a lot of inconsistent statements, which was about the rare, industrial duct tape investigators found on George's gas can. It matches the duct tape found over Caylee Anthony’s face.

Two months ago, when George Anthony was questioned under oath, he would have known about the three 6-inch pieces of rare, Henkel duct tape attached to Caylee's hair, stretched across her mouth and that two of the pieces were overlapping.

The same Henkel logo on the duct tape is also easily seen on duct tape which was found on the Anthonys' gas can and photographed by investigators two months after Caylee disappeared.

George admitted to shopping at a Lowe's store near his home, which is one of the stores that sold the rare tape years ago. George told investigators he routinely used duct tape to seal his gas can because of a broken cap, but denied that he was the one who put this piece of tape on the can in question.

First he said that he would have been much neater about it and later claiming that it wasn't even on the can when he gave it to investigators.

They photographed it two months after Caylee disappeared because it was on the gas can he says Casey stole from his locked shed during the first week Caylee was missing.

Under oath, George claimed not to remember a lot of things, such as whether he had ever removed things from his house and given them to the defense team. Also, how he had heard Casey’s story that Caylee was taken from Blanchard Park. But weeks before Casey ever told that story, he said he didn't remember the other parks she mentioned or whether he had searched them.

George also contradicted what he said one year ago about “definitely” recognizing the smell of human decomposition in Casey's car trunk.

George Anthony told prosecutors under oath that he never asked Casey directly whether there had been an incident involving Caylee because they all believed their house was bugged.

Casey Anthony is due in court for a hearing Friday morning.

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