FBI Investigating Email That Could Land Cindy In Jail

The FBI is investigating an email, obtained only by Eyewitness News, and legal experts say what's in it could land Cindy Anthony in a jail cell for obstructing justice.

If the FBI finds the email is legit, it could prove Cindy was deliberately hiding evidence from detectives and, while Eyewitness News investigates the possible cover-up, the state wants the Anthony family to shut up.

CONTROVERSIAL EMAIL: Read The Email Here TEAM COVERAGE: Email Controversy, Baez In Court

When Eyewitness News obtained an email from Larry Garrison (read the email), it was handed over to the FBI because of the explosive evidence inside. The email says Cindy gave investigators the wrong hairbrush when they asked for Caylee's brush in late July to compare DNA from her hair to the hair they found in Casey's trunk, where it smelled of death.

Eyewitness News told the FBI about it and now they're investigating whether Cindy has tried to sabotage the investigation. Our reporter confronted Cindy about the email and she said she did not purposely give investigators the wrong hairbrush.

"Did I go around and find all the hairbrushes? No, but it wasn't deception," said Cindy.

Cindy Anthony tries to give the appearance that she's cooperating with investigators, but Eyewitness News has learned she and her husband George have been stalling for weeks to answer their follow-up questions in the investigation.

Then Tuesday, a controversial email surfaced. It appears that the Anthonys' former spokesman, Larry Garrison, says he confronted Cindy by email about why she gave Casey's hairbrush, instead of Caylee's hairbrush, to investigators who wanted a DNA sample.

Garrison said Cindy's emailed response was: "I never lied. I just never went to my bathroom to get the hairbrush that I used only for Caylee."

Eyewitness News passed the email along to FBI Special Agent Nick Savage, who told Eyewitness News Tuesday: "The appropriate weight will be given to this like all other information received. Law enforcement will address this matter as it relates to the investigation."

Eyewitness News legal analyst Bill Scheaffer told Eyewitness News the obstruction of justice statute could apply.

"If she knowingly gave the investigators the wrong hairbrush, then I think there's enough elasticity in this statute that one could bring a charge of obstructing justice," Schaeffer said.

Cindy Anthony told Eyewitness News that she's not afraid of being arrested. We also found out that it is unlikely the Anthonys would be charged since they lost their granddaughter, but the issues could affect their credibility if they try to defend Casey in court.

So is this "obstructing justice?" Eyewitness News looked up the legal definition: "An attempt to interfere with the administration of the courts, the judicial system or law enforcement officers, including threatening witnesses, improper conversations with jurors, hiding evidence, or interfering with an arrest. Such activity is a crime."

BAEZ FIGHTS STATE'S GAG ORDER REQUEST

The case against Casey was back in court Tuesday as the state tried to slap a gag order on the Anthony family and on Casey's attorney, Jose Baez.

INSIDE THE COURT:Images From Court HearingWATCH HEARING:Raw Video Of Full Hearing

The defense team tried their best to speed up the process of obtaining evidence, but seemed bogged down by their own motions, at times seeming to not understand what they were arguing about in court.

"It's just a hearing and we're hoping the judge will allow us to continue to talk," Cindy Anthony told Eyewitness News as she entered the courtroom Tuesday.

It promised to be a long afternoon and it delivered. Jose Baez squared of against very critical prosecutors, who want a gag order to protect Casey from her own attorney, basically begging the judge to shut Baez up.

"He's basically telling jurors, 'My client lied to the police.' That is not helpful to the defendant," prosecutor Jeff Ashton argued in court Tuesday.

Baez used case law to argue he could fight his case any way he wanted.

"The court, in Gentile v. Nevada, laid it out clearly that lawyers have First Amendment rights, too," Baez said.

An attorney for the sheriff's office pointed out that documents Baez complained about not receiving were held up by a $980 copying bill Baez hasn't paid considers a rip-off.

"The State Attorney might want to look into this, because it looks like a scam," Baez said.

Baez also wanted the judge to order the FBI to allow re-tests of hair samples, but Baez forgot to notice federal attorneys about Tuesday's hearing.

Although Baez lost most arguments, he took the opportunity to lash out at the prosecution.

"It's a whole lot of hot air and not a lot of law," Baez said.

The gag order motion took the most time in court and the judge did not rule on that. He suggested he'd rule Wednesday afternoon, allowing more written arguments as late as noon Wednesday.

Previous Stories: November 25, 2008: Casey Anthony's Attorney In Courtroom For Hearing November 24, 2008: Casey Anthony's Attorney Can Bring Laptop To Jail November 24, 2008: Anthonys Continue To Hold Prayer Vigils For Caylee November 24, 2008: Video Released Of FBI Questioning Casey's Parents November 20, 2008: Mark NeJame Suddenly Resigns As Anthonys' Attorney November 19, 2008: Padilla Says Casey Anthony Made Self-Incriminating Statements November 18, 2008: WFTV Obtains State Witness List In Casey Anthony Case