Judge: Hand Over George Anthony Testimony

A judge ordered Tuesday (read order) that the grand jury testimony George Anthony gave in October 2008 be handed over to state prosecutors in the case against Casey Anthony.

READ: Judge's Order On Grand Jury Testimony VIDEO REPORT: Testimony Must Be Handed Over

Prosecutors wanted a transcript of George Anthony's secret grand jury testimony given on October 14, 2008 that led to the first-degree murder indictment against his daughter Casey. Casey was arrested the very next day. Prosecutors asked for the testimony to be used in the murder trial of Casey set for next summer.

"... the original of said transcript shall be delivered to the State Attorney," Judge Stan Strickland wrote in the order issued Tuesday afternoon.

George, a former detective, told investigators he recognized the unmistakable odor of a dead body in the trunk of Casey's car when he picked it up at a wrecker service.

Prosecutors presented the grand jury case and George is working with the defense team, so both sides likely already know a lot about the testimony, which is supposed to be secret.

MORE DOCS EXPECTED TO BE RELEASED

Also this week, the state is expected to release more documents in the case.

Eyewitness News has learned they are releasing every document the state has received to date that hasn't been released.

With the latest released expected this week, there will be a total of 10,400 pages released so far.

BAEZ ANSWERS "PLEA DEAL" QUESTION

For the very first time in the case against Casey Anthony, her lawyer says he won't rule out the chance of a plea deal.

"Any plea that would ever be taken would have to be taken by Casey,” Jose Baez told Geraldo Rivera during an interview over the weekend (watch comments).

BAEZ TALKS: 'Plea Deal' Comments To Geraldo SHEAFFER ANALYSIS: Legal Analyst On Baez Comments VIDEO REPORT: Plea Deal A Possibility?

Up until now, Casey's defense team and her family have insisted there would be no deals made. They insist she's innocent and say she would have to admit to something she didn't do to take a plea deal, even though she could face the death penalty by going to trial.

Prosecutors still haven't publicly offered a deal to Casey, but over the weekend talk show host Geraldo Rivera asked Baez, with all the evidence against Casey, why not agree to a plea deal to save her life. Baez says it’s up to Casey.

“Well, that’s not my decision to make. Umm, that, any plea that would ever be taken would have to be taken by Casey and she would have to accept a plea, if one were offered,” Baez told Rivera.

“The proper response would have been, ‘Are you kidding me? She’s innocent! We pled not guilty. We are going to trial,” WFTV legal analyst Bill Sheaffer said (watch full interview).

Baez made the surprising statements Sunday during a New York media blitz.

“’Cause it’s her that has to do the time. It’s her life at stake here,” Baez told Rivera.

But to this point, Baez has maintained Casey is innocent and that she has a very compelling reason for not calling law enforcement for a month after Caylee disappeared.

"We feel our client is innocent and we want her to have her day in court. She wants to have her day in court and, I know it's a hard thing for everyone to believe, but she is innocent,” Baez said on January 30.

Baez spent the beginning part of the interview with Rivera arguing that the evidence against Casey is weak at best and that the whole case should be thrown out.

“Well, there’s one thing that’s consistent about the defense and that’s their ability to continue to make inconsistent statements, one after the other,” Sheaffer said.

Eyewitness News received no response from Baez in attempts to get his comments Monday.

PROSECUTORS RESPOND TO DEFENSE MOTION

Also Monday, prosecutors responded to the defense motion (read response) to throw out all the charges against Casey by arguing, legally, Casey would have to agree that all the evidence is true but then somehow convince the judge that it wouldn’t convict her.

READ:State Response To Defense Motion

The prosecutors say, in this case, it’s not even an option because it’s a circumstantial case and the defense can’t ask for the charges to be dropped until all of the evidence is heard at trial.

WHAT'S NEXT IN THE CASE AGAINST CASEY

A judge just set a new hearing date for next Friday morning and Casey Anthony is expected to be there.

The hearing could involve a defense motion to have the murder charges thrown out.

The defense claims prosecutors didn't allow it access to the crime scene while Caylee's remains were still there. Prosecutors asked for the hearing demanding the defense prove that claim.

TAPE COULD STRENGTHEN CASE AGAINST CASEY

It's the duct tape that could strengthen the link between Casey Anthony and her daughter's body and it was discovered only by Eyewitness News.

Eyewitness News found the same rare type of tape that was found on Caylee's skull being used by the Anthony family on a Caylee Anthony poster.

You can't buy the tape from Home Depot. It is industrial-grade duct tape that hasn't been sold in years.

DOCUMENT: State's Case File On Duct TapeVIDEO REPORT: Possible Link To Duct Tape

With the debate over the duct tape evidence intensifying this week, Eyewitness News re-analyzed video that was taken in the months before Caylee's body was found. Casey Duct Tape 3 Pic With WFTV logo 100209

The discovery could make it even more difficult for the defense to argue that Casey didn't put the tape over Caylee's mouth. The defense has really been trying to shoot down the duct tape evidence recently.

"If the defense tries to advance that, that it was one of the volunteers that took that tape, killed the child, put the tape over the child's face to frame Casey, that strains credibility and it will turn the jury off," WFTV legal analyst Bill Sheaffer said.

However, the video taken by Eyewitness News on July 20, 2008 just days after Casey's arrest and one month after Caylee Anthony disappeared, shows that the duct tape on the Anthonys' Caylee posters has the same unique markings as the duct tape on the Anthonys' gas can and the tape found over Caylee's mouth.

A photo of the duct tape on the Anthonys' gas can, which is the one Casey is accused of stealing from her parents in June of 2008, shows distinct markings that it's made by the Henkel Company and shows some of the specifications.

In July of 2008, the Anthonys had set up a command post and put up posters with Caylee's photo on them. They used what appeared to be the same duct tape with Henkel logo.

Both pieces, which apparently came from the Anthonys' home, appear to be the same kind of rare duct tape according to page number 3378 in the state's case file, (read document) that investigators found over Caylee's mouth when her remains were found in the woods near the Anthonys' home.

Page number 3378, shows that the FBI says the duct tape found over Caylee's skull showed the same black oval Henkel logo and the "spec max temp 200 degrees Fahrenheit"

The FBI says it's an industrial tape that hasn't been made for years.

Eyewitness News received a response from the defense team's public relations representative Marti McKenzie.

"The defense team won't respond to anything that hasn’t been entered as evidence in the case," McKenzie said.

Court documents show the defense has had the FBI photos of the duct tape that was over Caylee's mouth, showing the Henkel logo which matches the Anthonys' duct tape, since March.

Previous Stories: October 5, 2009: Casey’s Attorney Answers ‘Plea Deal’ Question October 2, 2009: WFTV Discovers Possible Duct Tape Link In Casey Case October 2, 2009: FBI Docs: Stain Shaped Like Child's Body In Casey's Trunk October 2, 2009: Casey's Defense Tries To Discredit Prosecution's Case September 30, 2009: Attorney Shares “New Evidence” In Casey Case September 28, 2009: Book About Casey Anthony Expected In November September 23, 2009: State Files Response Challenging Casey Defense Team