Casey's Lawyers Begin Evidence Examination

Casey Anthony’s lawyers started a two-day evidence examination Tuesday. They brought in their own experts from as far away as the Netherlands to review stacks of evidence in the case.

RAW INTERVIEWS: Mason | Dr. Lee | Baez READ: Objection On Release Of Evidence VIDEO REPORT: Experts Reviewing Evidence

Casey's attorneys are fighting to keep the list of evidence private. They turned over the list last week laying out what evidence they planned to inspect and a famous crime expert looked over some of it Tuesday.

Both members of the defense and prosecutors were at the Orange County sheriff’s headquarters Tuesday. The defense team is trying to keep the specific evidence they're looking at, which prosecutors already know about, secret from the public. Meanwhile, the sheriff's office is videotaping the evidence examination so there can be no question as to what happened there.

Evidence from the three possible crime scenes is being examined in separate bays at the Orange County Sheriff's Office: the car, the house, and the woods where Caylee Anthony’s remains were found.

Cindy Anthony was recorded in a 911 call that Casey's trunk smelled of death and a hair from Caylee's lifeless body was found there. In the Anthony's house, detectives found duct tape and heart stickers that matched stickers and tape found with Caylee's remains in the woods near her house.

Defense forensic expert Dr. Henry Lee arrived with Casey Anthony's lead defense attorney Jose Baez (raw Lee | raw Baez) Tuesday. WFTV asked Dr. Lee about his trouble during the Phil Spector murder trial in California, where the judge and the defense accused Lee of mishandling key prosecution evidence, the tip of the victim's fingernail, which could have proved that the victim had fought for her life.

“They never have such a thing. Just make up story,” Dr. Lee told WFTV reporter Kathi Belich.

“So the judge was lying then?” Belich asked Lee.

“Oh, I did not say anybody lying. Judge did not say I had a fingernail,” he replied.

Spector was eventually convicted.

Casey's other defense attorney, Cheney Mason, seemed annoyed and angry when WFTV asked whether Dr. Lee's problems led the judge to order the sheriff's office to videotape the defense's examination of the evidence.

“I don't want you asking questions. I don't intend to answer your questions. They're always too stupid,” Cheney Mason (raw video) told Belich.

“Do you think that's why the judge insisted the sheriff's office videotape your search of the evidence? Because of those problems?” Belich asked.

“You'll have to ask the judge. No he did not,” Mason replied.

The defense wouldn't tell WFTV Tuesday why they don't want the public to know which evidence their experts are looking at.

The defense filed a motion Tuesday (read it) slamming the media in its effort to keep the items of evidence it's examining this week sealed from the public. One of the arguments it makes is that the media will not get to see the defense inspection of the evidence, but that's not really true; it's being videotaped by the sheriff's office and the judge said WFTV will get a copy of the videotape.

CASEY EXPECTED IN COURT THURSDAY

WFTV will be there when Casey Anthony's mother and brother testify at a hearing later this week. The two were subpoenaed to discuss the panicked 911 call Cindy Anthony made where she claimed Casey's car smelled like a dead body. That call launched the murder investigation against Casey.

Also on Thursday, the judge will hear the defenses request to keep their list of evidence private.

The hearing is scheduled for Thursday afternoon. WFTV.com will stream it live online.

DEADLINE SET IN CASEY CASE FOR RELEASE OF LIST

If attorneys in the case against Casey Anthony want to block a list of evidence from being released to the public, they must submit a new motion by 4:00pm Tuesday.

VIDEO REPORT: July 13 Afternoon Deadline Set

Last week, Casey's attorneys met the judge's deadline to turn over the list. The list is public record, but the defense did not file it with the clerk. Instead, it was sent it directly to the judge, who was on vacation.

Now, if either party wants to keep it private they must file a request by July 13 at 4:00pm; if a motion isn't filed, it will be released.

CASEY'S MOTHER, BROTHER ORDERED TO TESTIFY

WFTV has learned that two members of the Anthony family have been subpoenaed to testify at a hearing in the case against Casey next week.

VIDEO REPORT: Mother, Brother To Testify

Both Casey's mother, Cindy, and her brother, Lee, were ordered to testify.

The hearing scheduled July 15 is about the panicked 911 call that Cindy made, which launched the murder investigation against Casey.

During the phone call, Cindy said her daughter's car smelled like there had been a dead body in it.

Prosecutors say that call was an excited utterance and they want it admitted as evidence, but the defense says it is hearsay and wants it thrown out.

CASEY IN COURT AS JUDGE DENIES MOTION, SETS RULES

Casey Anthony was back in court for an emergency hearing Friday afternoon as Casey's defense team asked an Orange County judge to appoint a third party to monitor its experts as they examine the evidence. Judge Belvin Perry, though, citing no previous cases to support such a ruling, declined the defense's request less than an hour into the hearing, but set forth other rules for the two parties to follow.

CASEY WALKS IN: See Images | Raw Video COURTROOM PICS: Attorneys, Casey, Family In Court WATCH HEARING: Part 1 | Part 2 VIDEO REPORT: Judge Denies Defense Motion DOCUMENT: Defense's Motion For Hearing

Casey walked into the courtroom (watch video | see images) just after 1:30pm wearing a light blue, short-sleeve, button-down shirt and black slacks. She sat at a table next to her attorney, Jose Baez. Also in the courtroom were Cindy Anthony and Anthony family attorney Brad Conway (see images).

Normally, investigators with the sheriff's office would oversee the defense examination of evidence, but Casey's lawyers don’t want them there.

Baez said it had been done in California for defense expert Dr. Henry Lee during the Phil Spector murder case, but that wasn’t a good example to choose. Prosecutors told the judge how Dr. Lee was chastised by the California judge for mishandling key prosecution evidence; the tip of the victim's fingernail, which could have proved she fought for her life, disappeared.

“Allegations were made against Dr. Lee over some sort of tampering. My recollection is the allegation came from a member of the defense team,” prosecuting attorney Linda Drane-Burdick told Judge Perry.

“What we are actually trying to get to the heart of is to properly and effectively examine the evidence in this case,” Baez said Friday to start his argument on their motion.

This is a very unusual, if not unprecedented, request by the defense to make the sheriff's office leave its own building, where the evidence is kept, so the defense experts can have privacy in examining the evidence. The defense has lost in its bid to win privacy at the Orange County jail, which is also a public facility.

“It is just an inspection [of evidence],” Baez said, addressing Chief Judge Belvin Perry’s question of whether they were just planning to inspect or actually test evidence.

The defense filed a motion Thursday asking for an emergency hearing Friday to try to convince Judge Perry to appoint a "special master" to supervise at the Orange County Sheriff's Office in place of sheriff's detectives while defense experts examine and analyze the evidence next month.

“With the narrow request we’ve asked for, if both sides can work together, I don’t think it would be unreasonable,” Baez told Judge Perry.

Casey's lawyers say their experts will converge on Central Florida all at the same time, July 13 and 14, from all over the world and they want their privacy.

“In no way, shape or form is it our desire to restrict their access to this evidence,” prosecuting attorney Linda Drane-Burdick told the judge after Baez concluded his initial arguments.

Drane-Burdick then pointed out to the judge that there are facility issues, including having enough space for all their experts (at least four, plus counsel), and challenges with having all the evidence in question in the same place.

"The inspection itself can be videotaped," Drane-Burdick said. “The concern that I have is how they want to handle this evidence."

Drane-Burdick argued that the state has made efforts to provide the evidence in ways that would have allowed the defense access, but said those efforts either fell through or were rejected.

“We are not endeavoring to restrict their access,” Drane-Burdick concluded her initial arguments. “We just want to make sure it is done in the appropriate way.”

Baez then responded to the prosecution's arguments, suggesting that the volume of evidence isn't as great as the prosecution suggested when it argued that it would be difficult to provide all in one place. Baez also shot back at the prosecution's concern about being able to provide a sufficient space before Baez returned to the argument of the defense having privacy.

“We have struggled for privacy in the defense from the very beginning. My client can’t do a thing without it becoming public,” Baez argued, somehow connecting this issue of privacy with their demand to view evidence in private. “She can’t order a bra without it becoming public. I can’t meet with her without it being videotaped. She can’t receive letters without it being public. It has gotten to the point where it has choked our abilities to defend her in the proper matter.”

After Baez's response, the state chose to make no further comments.

“Last night, I did check to see if I could find any cases. I also had some of the staff attorneys see if they could find any reported cases,” Judge Perry told the court. “There are no reported cases.”

Judge Perry then touched on what he views as personal issues instigating this situation.

“What it sounds like to me is there is some discomfort between the two sides about certain things dealing with evidence and certain things dealing with personalities. While this case is a very important case, it’s like the hundreds of other cases that has occurred involving homicides and the court has no control over what the news media considers newsworthy or what the news media does not consider to be newsworthy,” Judge Perry said. “The defense under our rules of discovery and under the 6th Amendment of the United States Constitution has a right to inspect this evidence.”

Judge Perry then ordered that the sheriff’s office will have to find an air conditioned space sufficient for the inspection of the evidence and that the defense will have to give a detailed list of what they want to inspect. Judge Perry said a representative of the sheriff’s office and the state can be present.

“I’m also requiring that there should be an area close by when they look at an item they are free to go to an adjacent room and they are free to discuss anything they want ,” Judge Perry said, adding that video taping of the opening, closing and inspection of evidence is allowed, but no audio of video recording is allowed in the aforementioned adjacent room.

Judge Perry said Baez must turn in his list of requested evidence to the state by July 8.

“I will have someone in my office to answer my phone during that entire day [of the inspection],” Judge Perry said. “So, if something comes up, I can be reached to mediate any disputes.”

Casey's father, George, has stopped coming to court after she accused him and her brother of molesting her. Friday, she mouthed "I love you" to her mother before she left court, never showing her newly-capped tooth after her fall last time.

Baez tried to bring in another issue Friday during the emergency hearing, but Judge Perry shut him down. Baez complained about Casey's letters being released to the public last week. Judge Perry told Baez what he should already know by now: Casey has no privacy in jail.

Previous Stories: July 12, 2010: Deadline Set In Casey Case For Release Of List July 9, 2010: Casey's Defense Turns In List Of Evidence It Wants July 6, 2010: Casey's Mother, Brother Ordered To Testify July 2, 2010: Casey In Court As Judge Denies Motion, Sets Rules July 2, 2010: Guard Fired Who Helped Casey Swap Letters July 2, 2010: Death Penalty Expert Leaves Casey's Defense Team June 30, 2010: Depos Scheduled For Lab Experts In Casey Case