ORANGE COUNTY, Fla.,None — The case against Casey Anthony was back in court Monday afternoon for a status hearing, but Casey did not attend. Judge Perry said she doesn't have to come to the monthly status hearings, which won't involve arguments on major issues.
In her absence, one of her lawyers argued the 911 calls made by Cindy Anthony should not be heard in her murder trial.
"There's something wrong. I found my daughter's car today and it smells like there's been a dead body in the damn car," Cindy Anthony said in the 911 call (hear it).
RAW VIDEO: Status Hearing RAW INTERVIEW: Casey's Attorney Talks To WFTV BILL SHEAFFER: Talks About Status Hearing VIDEO REPORT: Casey's Defense Flip-Flops DOCUMENT: Motion To Hear 911 Call CINDY'S 911 CALLS: Dead Body | Turn In Casey | Caylee Gone
However, Judge Perry decided during the less than 30 minute hearing that the issue over 911 calls will be heard at an already-scheduled hearing July 15.
WFTV also learned Monday, there's new information about the site where Caylee's body was found. The defense has now flip-flopped on claims it has made all along, claims it made that it had evidence that EquuSearch volunteers had already looked for Caylee in the woods where she was found months earlier and found nothing.
That was the cornerstone of their argument that someone put Caylee's body there after Casey was kept behind bars. The defense argued Monday for throwing it out.
The case against Casey Anthony started with the frantic 911 call, made by her mother Cindy just minutes after finding out that Caylee had been missing for 31 days. In the call, Cindy stated that Casey's car smelled like a dead body and that got the attention of Orange County deputies. But now Cindy claims it was all an act to get them there sooner, even though Casey's lawyers admit Cindy said the same thing to her co-workers that same day; her co-workers forced her to go home, call police and get to the bottom of it.
The defense is claiming the 911 call was not an excited utterance, but rather hearsay that should not be allowed in as evidence.
"There wasn't anything excited about it. It was contrived and planned and several hours lapsed by," defense lawyer Cheney Mason said.
The judge will hear both sides' arguments next month.
Meanwhile, the defense has completely reversed itself on whether Texas EquuSearch volunteers searched the woods late in the summer of 2008, where Caylee was found months later, but it's still trying to disprove what prosecution experts say, that Casey put her daughter Caylee's body there in June.
"What do you have that shows she was not there in June?" WFTV reporter Kathi Belich asked Mason.
"That's when Caylee was missing. We don't know when she disappeared," Mason replied.
"The problem for the defense is that the forensics support the fact that that child's body was there in late June or early July at a time when Casey was not incarcerated," legal analyst Bill Sheaffer said.
The defense also appears to be backing off of the claim that Orange County meter reader Roy Kronk, who found Caylee's remains, should be a suspect in Caylee's murder. It asked for more time to decide whether to list Kronk's ex-wives as witnesses after they made wild accusations against him, one of them involving duct tape like the tape that was found over Caylee's face.
Casey Anthony will have to appear at the next court hearing. Both sides will be back in court on July 15. They will once again discuss Cindy's 911 call and records from the group Texas EquuSearch; volunteers from EquuSearch helped to look for Caylee shortly after she was reported missing.
Also, more evidence is expected to be released in the next few weeks.
CASEY'S DEFAMATION TRIAL DATE SET
Casey Anthony's defamation trial has now been scheduled for August 29, 2011. That's a year and a half later than the date discussed at the last hearing.
That means the civil trial will happen after Casey's criminal trial, which is set for May 2011.
Sometime soon, attorneys representing Casey's accuser, Zenaida Gonzalez, will be deposing Casey's jail pen pal, Robyn Adams, who's now in federal prison.
Gonzalez has the same name as Caylee's alleged nanny, who detectives say does not exist.
GEORGE SHOWS OFF TATTOO ON GMA
George and Cindy Anthony spoke out about the case against their daughter Casey. June 15, 2010 marked the two year anniversary of when they last saw their granddaughter Caylee alive.
In an interview on ABC's Good Morning America Tuesday morning, Cindy wore jewelry in tribute to Caylee and George showed off a tattoo he got in memory of his slain granddaughter (raw video | images).
GMA INTERVIEW: Raw Video | See Images VIDEO REPORT: George's Tattoo, "My Sunshine"
"It just means so, so much to me. Like, when people, like, pledge allegiance or something like that. Even when I do that or I put my hand of my heart, I'm like, ‘Ah man. She's here with me,'" George Anthony said to reporter Ashleigh Banfield.
"Do you foresee a day where you might stop wearing those bracelets?" Banfield asked.
"No," Cindy Anthony replied.
"Not gonna do that," George said.
In July 2008, people in Orlando remember a now infamous 911 call made by Cindy when Caylee disappeared.
In the call, Cindy told the dispatcher, "I found my daughter's car today and it smells like there's been a dead body in the damn car."
But Cindy insists she only mentioned a body to get deputies to her East Orange County home quicker.
"So when you said that it smells like there's been a body in the trunk, you didn't mean that? You just wanted the police out faster?" Banfield asked.
"Yeah, because, there was never, I never thought that," Cindy said Tuesday.
The Anthonys believe their daughter is innocent and claim investigators have tried to paint her as a monster.
"I think they were frustrated with Casey, because I was told by the investigators the first night that they took her that they were gonna break her in 24 to 48 hours. And they didn't break her and they haven't broken her because there's nothing to break," Cindy said.
But Casey lied to investigators multiple times during the first 48 hours.
"I can understand their suspicion. But there's still nothing that proves that Casey did anything, except lie to them about her work and things like that," Cindy explained.
"But isn't that powerful?" Banfield asked Cindy.
"I don't know. A liar doesn't make you a murderer," Cindy replied.
As the Anthonys enter the third year of this, they're still trying to come to terms with Caylee's death.
"We've been dealing with this almost as long as Caylee was alive, because Caylee wasn't quite three when this started. So it seems like this nightmare is, has lasted longer than the moments that we had with her. That makes is very, very difficult," Cindy said.
Cindy said she believes Casey will not be convicted and will return home to their house on Hopespring Drive soon.
Casey Anthony is facing the death penalty for Caylee's murder. Casey's murder trial is set to begin in May 2011.
PROSECUTORS WANT CINDY ANTHONY'S 911 CALL HEARD
Prosecutors in the case against Casey Anthony say that 911 calls made by Casey's mother, Cindy, should be heard during her murder trial.
DOCUMENT: Motion To Hear 911 Call CINDY'S 911 CALLS: Dead Body | Turn In Casey | Caylee Missing
"There's something wrong. I found my daughter's car today and it smells like there's been a dead body in the damn car," Cindy Anthony said in the 911 call (hear it).
Prosecutors filed a motion Wednesday (read it) to include the calls, saying they help show the progression of stories Casey Anthony told to explain the disappearance of her daughter Caylee. But the defense team says the calls should be excluded because they're "testimonial."
Chief Judge Belvin Perry says he will decide on the issue later on in the case.
WHAT'S NEXT IN THE CASE?
The hearing originally scheduled for June 17 has been rescheduled for July 15 at 2:00pm. Also, a status hearing is scheduled for June 21 at 1:30pm. Casey will not be attending the status hearing.
Previous Stories: June 15, 2010: George Anthony Shows Off Tattoo On GMA June 11, 2010: Lead Investigator Questioned In Casey Case June 10, 2010: Prosecutors Want Cindy Anthony's 911 Call Heard June 8, 2010: Judge Denies Request To Seal Casey's Visitors June 4, 2010: Witnesses Deposed In Casey Anthony Case June 3, 2010: Casey's Statement On Courthouse Fall Released June 2, 2010: Video Released Of Casey Falling At Courthouse June 2, 2010: Casey A No-Show At Court Hearing After Falling
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