Updated: 12:03 p.m. Thursday, Dec. 10, 2009 | Posted: 2:56 p.m. Wednesday, Dec. 9, 2009
ORANGE COUNTY, Fla. —
The new photos show Caylee (see photos) wearing the same t-shirt that investigators say they found tattered with Caylee's remains and the same shirt they say Caylee was last seen wearing by her grandfather the day she disappeared.
In the photos, Caylee is next to her mother Casey, who is playing the guitar.
NEW PHOTOS: Casey With Caylee READ: Water Depth Report | Duct Tape | Casey's Wages STATE'S MOTIONS: Protective Order | Witness List Request VIDEO REPORT: New Photos, Docs Released SHEAFFER BLOGS: Read Legal Expert's Posts
The saying would be cute under any other circumstances, but chillingly investigators believe she was wearing it the day she was murdered. WFTV legal analyst Bill Sheaffer says that, along with the fact that Caylee and the shirt were found around the corner from Casey's house, could be another piece of circumstantial evidence that could get Casey convicted.
“It the very least it's going to damage her credibility on the stand,” Sheaffer said. “Who was the last person seen with Caylee when she was wearing that shirt? Her mother, ergo the killer.”
The new documents also show that a study was done of the water levels in the wooded area (read study) where Caylee was found and that the lower-lying areas would have been under water during the six months she was missing, which is consistent with what Texas-based EquuSearch said about the inability to search because of water.
The study showed that the exact spot where Caylee's remains were found would not have been under water the whole time, which is consistent with why Orange County meter reader, Roy Kronk, was able to find what he believed were Caylee's remains in August in the higher-elevated areas.
The new documents also show that Casey made a little more than $20,000 in about one year and a half at the job she had at Universal Orlando (see wages) before Caylee was born.
Meanwhile, prosecutors have filed two more motions (protective order) | (witness list) in the case as well. One is to block release of an illegal recording of the defense team's interview with EquuSearch volunteer, Joe Jordan. He is the one who recorded the interview.
Prosecutors are also demanding a full witness list from the defense team and it accuses the team of withholding contact information about meter reader Roy Kronk's ex-wives.
COUNTY FILES RESPONSE TO CASEY'S DEFENSE REQUEST
Orange County, which runs the jail, says Casey Anthony should not get special treatment. The county filed court papers Monday, responding to her defense team's request that she not be videotaped without audio when she meets with her lawyers at the jail.
Also, that previous videotapes should be destroyed and that those public records are not disclosed.
COUNTY'S RESPONSE: To Defense's Motion On Videos
The county says it has the legal right to have security video at the jail and does not have the legal right to destroy or withhold public records.
Jail security is one of five issues that will be heard at Casey's court hearing on Friday at 9:30am. Cindy and George Anthony and their attorney Brad Conway have been subpoenaed to testify at that hearing.
Casey's defense team also wants the death penalty pulled from the table and wants charges dropped involving the accused child killer's check fraud case.
PROSECUTORS IN CASEY CASE SHOOT DOWN DEFENSE MOTION
Prosecutors in the case against Casey Anthony are trying to shoot down a defense team's motion, which claims Casey faces too many check fraud charges (read state's response).
STATE'S RESPONSE: Response To Defense Motion
The defense wants some of the charges thrown out on the grounds that Casey shouldn't face multiple charges for each check she's accused of stealing from her former best friend and cashing them.
But prosecutors say each charge is a separate crime, with separate evidence, and should stand.
The judge hasn't made a decision on the issue.
WFTV LEGAL EXPERT ANALYZES CASEY MOTIONS
Casey Anthony is scheduled to be in court on December 11 and Eyewitness News got a closer look Wednesday at several motions filed in the case. One motion attacks the constitutionality of the death penalty procedure and asks the court to throw it out, but that's just one of five motions that will be handled at the hearing scheduled to take place next week.
BILL SHEAFFER: Analyzes Motions Filed READ: Clause | Family | Order | Visits | Death VIDEO REPORT: Closer Look At Motions
Lawyers for Casey Anthony want the death penalty off the table because they call it unconstitutional and say prosecutors don't have a legitimate reason to seek the death penalty in the case. They also say it violates Casey Anthony's constitutional rights.
WFTV legal analyst Bill Sheaffer calls it a long shot (full interview).
"I've never seen or heard of a case where a judge has gone behind the state's motives and dismissed the death penalty," Sheaffer said.
However, Sheaffer does believe another motion to keep the jail from videotaping attorney visits does have merit.
"I think it can produce a chilling effect on the attorney-client relationship to know you are constantly being monitored," he said.
But, since it's a security measure, Sheaffer says the judge would have to weigh Casey's right to effective counsel against the security procedures in place at the jail.
In a separate motion, the defense wants all recorded video visits and telephone calls with Casey's family destroyed.
The defense is also asking the judge to toss out charges in her check fraud case for double jeopardy. That motion argues Casey is being charged with multiple crimes for the same incident.
Eyewitness News learned that Casey’s death penalty lawyer, Andrea Lyon, helped file the motion likely because, if Casey is convicted in the check case, it could come up in the murder trial that she is guilty of multiple other crimes that involve deception.
In a final motion, the defense wants to keep private eye Dominic Casey from a deposition since they claim he was working for the defense and any knowledge he has of the case is privileged attorney-client information.
Casey is facing charges for stealing checks from her best friend. The fraud trial is set for January 25.
There's also a pre-trial hearing in her murder trial on January 21. She is accused of killing her daughter, Caylee Anthony.
CASEY MOTION: DEATH PENALTY “UNCONSTITUTIONAL”
Eyewitness News obtained numerous motions (read them all) in the case against Casey Anthony Monday.
Casey Anthony’s defense attorneys filed several motions last week. In one, the defense is claiming the death penalty is "unconstitutional" and should be dropped from the case.
READ: Numerous Motions Filed By Defense SHEAFFER BLOGS: Read Legal Expert's Posts
Prosecutors had a tough time deciding whether to pursue the death penalty against Casey until Caylee Anthony's remains were found on December 11.
The new defense motion argues Florida's death penalty statute is too vague in determining who is eligible, so it violates both the U.S. Constitution and the Florida Constitution.
Previous Stories: December 8, 2009: County Files Response To Casey's Defense Request December 4, 2009: Prosecutors In Casey Case Shoot Down Defense Motion December 4, 2009: WFTV Legal Expert Analyzes Casey Motions December 2, 2009: Casey Motion: Death Penalty “Unconstitutional” November 24, 2009: Defense Files Motion Demanding EquuSearch Docs November 20, 2009: Casey’s Defense Interviews Kronk’s Ex-Wives November 20, 2009: Motion: Kronk Could Have Killed Caylee Anthony November 20, 2009: Casey Anthony Appears In Court For Hearing November 19, 2009: Meter Reader Questioned By Casey's Defense November 16, 2009: DCF Visits Anthony Home To Investigate Cindy November 12, 2009: Lee Anthony's Girlfriend Deposed Under Oath November 10, 2009: Anthonys Familys' P.I. Deposition Postponed November 10, 2009: Chloroform, Evidence Among New Casey Documents November 3, 2009: New Motions On Casey Murder, Fraud Charges October 30, 2009: Casey Case Made Into Play Called "Tot Mom" October 23, 2009: P.I. Fights Being Deposed In Casey Case October 21, 2009: Meter Reader To Be Deposed In Casey Case