Updated: 6:43 p.m. Friday, April 23, 2010 | Posted: 8:58 a.m. Friday, April 23, 2010
ORLANDO, Fla. —
DOCUMENTS: FBI Lab Hair Investigation Reports TRANSCRIPTS: River Cruz's Sister | Guy Clears Name VIDEO REPORTS: DNA On Tape | Mystery Hair
The mystery hair could help the defense claim that other evidence in Casey's case was contaminated by investigators, and there’s still their theory that there’s another killer responsible.
The documents indicate the FBI tested the mystery hair against samples from Orange County sheriff's investigators who were at the scene and whose hair could be a match to the dark strand that was found.
The hair did not match Caylee or her family.
The newly-released documents show that a five-inch long, fine, dark brown strand of hair from a Caucasian was found with a piece of plastic from the scene where Caylee's remains were found. The documents show the medical examiner's office investigator isolated it on collection paper while examining the piece of plastic.
Seven Orange County sheriff's investigators each submitted five head hairs so the FBI could determine whether the hair came from any of them. The records don't show whether they ever figured out whose hair it is, but WFTV has learned they haven't.
Could that mystery hair do for Casey what the bloody glove did for OJ Simpson? WFTV legal analyst Bill Sheaffer says no.
“’If it doesn't fit, you must acquit.’ This evidence does not rise to that level,” Sheaffer said.
OJ tried on the killer's bloody glove and apparently convinced jurors it didn't fit him. Sheaffer said the defense could try to argue the hair came from a mystery murderer or that the evidence was contaminated, but he says there's a big difference between OJ's case and the case against Casey.
“There is so much other circumstantial evidence indicating that Casey Anthony killed her child. In the OJ case, there was not that quality or quantity of circumstantial evidence,” Sheaffer said.
Generally speaking, a circumstantial case is often considered to be a weaker case, but Sheaffer said there is so much of it in the case against Casey the defense is going to have to raise a reasonable doubt on more than one strand of circumstantial evidence.
FBI EXPERT LEFT DNA ON KEY EVIDENCE
Also in the documents released Friday, WFTV learned an FBI expert unintentionally left her DNA on a piece of duct tape and that piece of duct tape is a key piece of evidence. It was found stretched over Caylee's face with heart-shaped adhesive residue on it, which the FBI says matched the heart sticker found with Caylee's remains.
The defense could use the FBI slip-up to Casey's advantage.
FBI investigators found a heart sticker with Caylee Anthony's remains in the woods, collected it as evidence and then later found residue in the same heart shape on the duct tape layered across Caylee's face.
Months later, WFTV found out in case documents that the chemicals investigators used to dust the duct tape for fingerprints destroyed the heart-shaped residue. No fingerprints were found, but the FBI found DNA on the tape that did not match Caylee or her family.
The FBI started eliminating known possibilities, its own investigators. It eliminated investigators from its latent print and chemistry units, but then realized that one of its experts from the questioned documents unit had examined the tape, Lorie Gottesman.
The FBI document obtained by WFTV shows her DNA was profiled and the FBI determined "it was her DNA profile on the duct tape."
“The defense will move to have this evidence excluded, saying that the evidence was contaminated. The court is not likely to grant that motion, however, and that will lead the defense to question before the jury the reliability of this piece of evidence,” Sheaffer said.
As a result, the defense could possibly question any other pieces of evidence that were examined by the FBI.
WFTV reported earlier this week Gottesman was recently deposed by the defense and that the defense has asked for and gotten more documents from the FBI involving her.
Sheaffer said the fact that the FBI was open about it and documented it could diffuse defense questions over conspiracy, cover-up and competence when a jury decides what to make of the contamination.
DOCUMENTS ALSO CONTAIN TRANSCRIPTS
The documents released Friday also included a transcript of an interview with the sister of a woman who claims she had an affair with Casey's father, George Anthony. Cecelia Benhaida spoke to investigators on February 18, 2010 (read it).
Cecelia Benhaida said during the police interview that George told her sister the death of his granddaughter, Caylee, was an accident. She said she didn't know any other details.
George Anthony's attorney didn't immediately return a phone call seeking comment. His daughter, 24-year-old Casey Anthony, has pleaded not guilty to first-degree murder and has said a baby sitter kidnapped her daughter, Caylee.
Benhaida was in the Orange County Jail for several months in 2008, and she said she got to know Casey Anthony in jail, around the same that her sister separately became friendly with Casey's father, George, according to the police interview. Benhaida told detectives that she helped Casey Anthony pass notes to other jail inmates, and that they never spoke about her case or what happened to Caylee.
Another transcript released was a November 2009 interview with Derrick Williams (read it), whose name got connected to the case as a result of his address at the infamous Sawgrass Apartments, where Casey allegedly left her daughter with the mystery nanny named Zenaida Gonzalez. Williams contacted deputies to speak with them in an attempt to clear his name.
A third transcript, an interview with Rozzie Franco, was previously released in early April and involves a conversation Franco overheard at an Orlando Houston's restaurant (read it).
WFTV had expected the released documents to include analysis done by an FBI handwriting expert, but they weren't among Friday's 289 pages. Court records show the defense requested records concerning Lorie Gottesman, who works at the FBI lab in Quantico, Virginia. Her resume shows she compares handwriting to determine authenticity.
Dozens of letters Casey wrote to inmate Robyn Adams, whom she befriended at the Orange County jail, were released two weeks ago and Casey's family just handed over her journal to investigators.
NEW JUDGE SETS HEARING DATE
The new judge assigned to the Casey Anthony case has ordered a management hearing for April 30 at 9:30am, according to a document (read order) released Thursday.
Chief Judge Belvin Perry has taken over after Judge Stan Strickland recused himself from the case Monday. Council for the state and the defense will discuss pretrial and trial dates, motion deadlines, scheduling and completion of depositions, along with other topics.
DOCUMENT: Judge Perry's Orders
Chief Judge Belvin Perry also sent out an administrative order (read) on courtroom behavior and decorum. The order specifies how anyone in the court must act while Judge Perry is presiding.
Judge Belvin Perry in office - posted 042010 Judge Belvin Perry Judge Belvin Perry Chief Perry is the go-to judge for problematic criminal cases in Orange and Osceola counties and Casey's case has become one.
Judge Perry has an extraordinary record; almost always, what he says goes. He has been chief judge for almost 13 years. Over the last ten years, in the many criminal cases he's heard, some of which have been death penalty cases, only one of his rulings was partially overturned by a higher court.
Judge Perry has been on the bench in Central Florida for 21 years.
Previous Stories: April 22, 2010: Judge In Casey Case Orders Management Hearing April 21, 2010: Casey Handwriting Analysis Could Be Released April 20, 2010: Analysis: New Casey Judge “Sets Tone Of Authority” April 20, 2010: Judge Strickland Steps Down From Casey Case April 19, 2010: Casey's Defense Refiles Motion After Notary Error April 19, 2010: Motion Filed To Have Judge Removed In Casey Case April 19, 2010: Casey Defense Team May Have To Re-File Motion April 16, 2010: Jail Friend: Casey Described Using Chloroform April 12, 2010: Casey’s Pen Pal Tried To Sell Jail Letters April 9, 2010: Casey’s Pen Pal: “Praying For Her Every Day” April 8, 2010: Judge Grants Prosecution Request In Casey Case