ORLANDO, Fla. — New hearings have been scheduled for defense motions to suppress key prosecution evidence against Casey Anthony in her upcoming murder trial in May.
VIDEO REPORT: Judge Denies Defense Motion
On March 2 and March 3, the defense will try to convince the judge to throw out evidence that cadaver dogs alerted to different spots in Casey's backyard. It also wants to throw out Casey's statements to her family, her jail pen pals, and to law enforcement.
Meanwhile, Casey's defense team was dealt another blow to the case Friday. Chief Judge Belvin Perry denied the defense request to seal the names of the death penalty witnesses and the information they provide.
The defense claimed the potential public exposure is preventing people from helping Casey avoid a death sentence if she's convicted of murdering her daughter Caylee.
CASEY'S ATTORNEY FINED NEARLY $600
Judge Belvin Perry granted the prosecution's request for sanctions in the case against Casey Anthony, according to an order released Thursday. Defense attorney Jose Baez was fined nearly $600 for breaking the rules.
DOCUMENT: Read Judge's Order BILL SHEAFFER: Analysis Of Granted Request
Perry ordered Baez on Monday to give prosecutors more information about defense experts, but he didn't do it. However, Perry punished Baez in a way that won't jeopardize Casey Anthony's right to a fair trial.
The jury will never know about the fine, but WFTV legal analyst Bill Sheaffer said Baez's actions could have backfired.
"Was there any particular reason why that was not complied with?" Perry asked Casey's attorney Cheney Mason in court Monday.
"The answer to that is I don't know," Mason replied.
Baez let Casey's other lawyer answer to accusations that Baez wasn't playing fair. He refused to provide prosecutors with defense experts' opinions, before the experts are questioned under oath, before the May murder trial and he defied the judge's order to do so.
Instead, he wisecracked that his botany expert would testify about botany and one expert would rebut any false claims made by prosecution experts.
"A lack of maturity, again a lack of experience and it just doesn't speak well of him professionally," Sheaffer said.
Perry gave Baez seven days to write a $583.73 check to the state. It's reimbursement for the seven hours it took the prosecution to work on its motion demanding action against Baez for breaking the rules.
Otherwise, Baez could have hurt the defense.
"You run the risk of having sanctions imposed, that sanction being the exclusion of that witness's testimony," Sheaffer said.
The judge told Baez those opinions that don't go into those defense expert reports won't come into trial.
Baez has five days to appeal the amount of his fine and he now has up to 20 days to provide those reports to prosecutors.
Casey's defense team will be back in court next week to discuss picking a jury for her murder trial. A status hearing is scheduled for a week from Friday.
The judge said they'll talk about the costs of selecting and sequestering the jury. Jurors will be chosen in another county and will be brought to Orange County for the trial in May.
Casey is not required to attend the hearing.
Meanwhile, defense expert, botanist Dr. Jane Bock will be deposed on January 18. Defense bug expert Dr. Tim Huntington will be questioned under oath on January 28.
The experts have been ordered by the judge to provide written reports before the depositions.
SUBPOENA FOR PHOTOS DENIED IN CASEY CASE
In the Case against Casey Anthony, Judge Belvin Perry denied a subpoena on Wednesday, requested by the defense, to collect photos belonging to a Texas Equusearch volunteer.
WEDNESDAY'S MOTION: Duces Tecum
During a hearing, Casey's attorney, Jose Baez, argued searcher Joe Jordan had pictures of the wooded area where Caylee's remains were found in 2008. Baez said the pictures were posted on a blog, but have since been removed.
The defense wants to see if the pictures were taken before the remains were discovered, but the judge said the defense was unable prove those photos exist.
"I'm trying to establish whether you are going on a fishing expedition or whether or not there is something specific that can lead to tangible evidence," Perry said.
Casey's defense team is trying to prove the area where Caylee's remains were found was not underwater when searchers were in the area. Though the judge denied the motion, the defense could revisit the issue if they can bring forward new information and make a more compelling argument.
JUDGE: CASEY ANTHONY'S ATTORNEYS VIOLATED ORDER
Circuit Judge Belvin Perry ruled Monday during a hearing that attorneys for Casey Anthony, who is charged with killing her 2-year-old daughter, have violated a court order to turn over information about expert witnesses who will testify on her behalf.
"It is highly unlikely that they have no idea what the defense, what these expert witnesses, who have been retained at taxpayers expense, will be testifying too," Judge Perry said.
RAW HEARING: Part 1 | Part 2 | Part 3 | Part 4 CASEY WALKS IN: Watch Raw Video INSIDE COURTROOM: Images Of Casey, Attorneys, Cindy VIDEO REPORT: Judge Hears 23 Motions MOTIONS: Suppress Footage | State's Motion | Duces Tecum | To Suppress Court Vid | Discovery Response | Unreliable Evidence | Hearing Notice | Exclude Tattoo | More Tattoo | Suppress Statements | Exclude Canine | Myspace | More Myspace | Cartoon | Chloroform | Stain
Casey walked into the court room at 1:26pm, wearing a long sleeve, blue top and gray slacks. Her hair was tied back in a pony tail. Casey's mother, Cindy Anthony, was in attendance.
The hearing began promptly at 1:30pm. The first motion heard was on sanctions filed by the state of Florida against Casey's attorneys for ignoring the judge's orders to provide specific information about defense witnesses' testimony.
Judge Perry said Monday in Orlando that Casey's defense attorneys missed deadlines last month. The defense told the judge it has tried to comply with every order and accidentally missed the key deadline of December 14, to turn in the reports.
"Why did he miss the deadline?" Judge Belvin Perry asked attorney Cheney Mason, referring to Casey's attorney Jose Baez.
At that point, Baez stood up to explain himself.
"Did you ask for a request, an extension of time?" Judge Perry asked Baez.
"No, I didn't because I didn't expect that it wouldn't arrive on time," Baez replied.
"I don't think sanctions are appropriate in this case," Mason told Judge Perry. "I think what is appropriate, let's all just calm down, we don't want to try this case but one time."
Prosecutors had asked that the attorneys be fined $500 a day until they provided the information. However, Judge Perry said a fine amount is pending against Baez.
State prosecutor Jeffrey Ashton argued the defense intentionally withheld the information and has a history of ignoring court orders.
"The defense for whatever reason decided they're going to do discovery their way and the court's orders mean nothing," Ashton said.
Judge Perry also ordered that the experts must provide written reports about what they will say at trial. Anything not in the reports or in depositions will not be allowed at the May trial.
The defense also asked the judge to suppress some courtroom video and images by the media. Mason said he did not appreciate some of the photos and video taken by the media and posted on websites. He claimed some images showed documents that weren't intended to be public.
Judge Perry decided not to suppress media videos and photos, but told Mason to move the defense table if necessary if he was worried about having the client-attorney rights violated.
Judge Perry heard a total of 23 motions about evidence regarding Casey's tattoo, her sexual past and her history of lying and stealing. His rulings are still pending on several of those motions.
The defense doesn't want detailed information on Casey's sexual history with past boyfriends to be brought up during her trial. The state agreed saying it wouldn't ask details, but it would need to bring up the relationships to establish witness credibility. Prosecutors asked for 15 days to respond, which Judge Perry allowed.
The state asked to have the same time to respond to other motions dealing with Casey's history of lying and stealing, the shovel she borrowed from a neighbor and a tattoo which she got after Caylee disappeared.
Other motions will require separate hearings including a hair found in Casey's car that prosecutors say came from her daughter's dead body, a high concentration of chloroform which was also found in her car, and the jail video which shows Casey's reaction to the news her daughter's remains had been found near her home.
The hearing ended at 3:06 pm.
A status hearing is set for January 14. At this point, Casey is not required to appear, but if there are new motions filed, and the judge agrees to hear them, she must be in court.
Casey has pleaded not guilty in the death of her daughter Caylee.
Previous Stories: January 7, 2011: Casey's Attorney Ordered To Pay Nearly $600 January 5, 2011: Subpoena For Photos Denied In Casey Case January 4, 2011: Judge: Casey Anthony's Attorneys Violated Order January 3, 2011: Anthony Wants Sex Questions Prohibited At Trial December 31, 2010: Defense Wants Casey's Myspace Postings Tossed Out December 31, 2010: Defense Files Motion To Suppress Casey's Reaction December 29, 2010: Casey Defense Files Motion To Keep Sticker Evidence Out December 28, 2010: Entomologist Deposed In Case Against Casey December 23, 2010: Casey's Defense No Longer Looking At Kronk As Suspect
WFTV
