ORANGE COUNTY, Fla.,None — Casey Anthony was giddy, laughing and smiling just before Judge Belvin Perry ruled that she's mentally competent to proceed in her murder trial on Monday. Casey's jovial mood changed after receiving the judge's ruling. She's accused of killing her 2-year-old daughter, Caylee Marie Anthony.
On Saturday, the defense filed a motion that Casey be examined by three psychologist to determine her competency to proceed in her trial.
Casey entered the courtroom on Monday just before 8:40 a.m., wearing a button-down white shirt and grey pants. She had her hair pulled back in a bun. Casey's parents, Cindy and George Anthony, were also present. Casey's death penalty attorney, Ann Finnell, was also present.
DAY 40: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 BILL SHEAFFER: Analysis Of Day 40 SMILING CASEY PRIOR TO RULING: See Images DOCUMENTS: Motion On Competency, Judge's Order DEFENSE MOTIONS: On Death Penalty CASEY WALKS IN: See Images | Raw Video IN COURT: Casey, Parents, Lawyers, Witnesses VIDEO REPORT: Casey Found Competent FACES OF CASEY: Most Recent To Oldest EVIDENCE ARCHIVE: Casey Anthony Case CASEY COVERAGE On Twitter | On Facebook
On Monday, Casey's murder trial continued on day 40, including jury selection, after court was abruptly recessed 45 minutes after it was supposed to start on Saturday due to the motion that was filed.
Casey's attorneys told Judge Perry they did not believe she was competent. They said that assessment was based on their privileged communication with her but did not elaborate in a motion filed Saturday and sealed until the judge ruled on Monday.
The motion halted what had been expected to be a full day of testimony Saturday by witnesses. After meeting with attorneys, Judge Belvin Perry told courtroom attorneys and spectators that a "legal matter" had come up that would delay proceedings.
Perry asked for a review of whether Casey could comprehend the charges against her and the possible penalties and if she could testify relevantly if called to the stand. Casey was examined by three psychologists over the weekend. After reading their reports, Perry ruled Monday the trial should continue.
"Based upon the reports that the court has reviewed, the court will find that the defendant is competent to proceed," Perry said.
Casey has pleaded not guilty to first-degree murder and could face the death penalty if convicted of that charge. Her defense attorneys claim Caylee accidentally drowned in the family's swimming pool. Defense attorneys also contend that Casey and her father, George, covered up the accident.
George has denied any such theory.
Detective Yuri Melich of the Orange County Sheriff's Office was the first witness to take the stand Monday.
Under questioning from Casey's attorney, he conceded that he had never examined George's cell phone records and that a cadaver dog never sniffed out cars driven by George and his wife, Cindy.
Melich also said he had mixed up the dates he gave the jury for when he took Roy Kronk's deposition, and that he never asked for Kronk's cell phone records or confiscated his computer. Kronk is the meter reader who found Caylee's body in a wooded lot. Melich said it was not intentional but he had the dates mixed up.
Also testifying for the defense on Monday were Kenneth Furton, a chemistry professor at the International Forensic Research Institute at Florida International University and an expert on chemicals and human decomposition.
Furton told the jury that the same chemicals found in human remains were also present in the trash found in Casey's trunk. He said fatty acids in Velveeta cheese and salami, both found in the trunk, are identical to the compounds found when a human body decomposes. He also said that chloroform can be found at very high levels in common household cleaners such as bleach.
The defense called the Anthonys' former private investigator Dominic Casey, who had first worked for the defense, to testify about his videotaped search of the same area where Caylee was found one month before her remains were discovered.
WFTV legal analyst Bill Sheaffer said the defense could be trying to prevent Casey from testifying.
"It may well be that Casey Anthony believes that she should take the witness stand against her lawyers' advice," Sheaffer said.
Sheaffer says it wouldn't stop Casey from testifying if she insists on it, and that decision is hers and hers alone. But it would protect the defense later, if things go bad and she tries to blame her attorneys for putting her on the stand.
Casey is charged with first-degree murder, aggravated child abuse, aggravated manslaughter of a child and four counts of lying to law enforcement. She has pleaded not guilty and faces the death penalty if convicted.
Court will resume on Tuesday at 9:00am.
Previous Stories: June 25, 2011: Judge Unexpectedly Adjourns Casey Trial Until Monday June 24, 2011: Tearful Day 38: Cindy, Casey, Lee Anthony Cry In Court June 23, 2011: Cindy: Searched Web For Chloroform, Car Stain Was Old June 22, 2011: Casey's Defense Team Tries To Tear Apart State's Case June 21, 2011: State: Casey May Have Used Inmate's Child Drowning Story June 20, 2011: Judge Perry Scolds Attorneys, Court Recessed Until Tuesday June 18, 2011: Casey Cries As Expert Talks About Caylee's Skull In Trial June 17, 2011: Casey Court Drama: Sparring Lawyers, Fighting Spectators June 16, 2011: Mistake, Objections Spark Fireworks In Casey Trial June 15, 2011: Defense Motion For Acquittal Denied In Casey Trial June 14, 2011: WFTV Duct Tape Video Used As Evidence In Casey Trial
WFTV
