Casey's Defense Wants Sex History Tossed Out

The evidence includes Casey's sexual history, and testimony from her ex-boyfriend Tony Lazzaro.

WFTV's legal analyst Bill Sheaffer said it will be a hard sell for the defense team.

"It's very important to show at the time that Caylee went missing that Casey's conduct was inconsistent with a mother whose child had gone missing," Sheaffer said.

Casey's parents have made statements stating that their daughter has a history of lying and stealing. But attorneys say Casey's character history has nothing to do with the allegations that she murdered her daughter, Caylee.

The defense also wants to keep the jury from hearing about a table knife found in Casey's car, and speculation that she almost told Texas Equusearch founder, Tim Miller, where Caylee's body was located.

Bill Sheaffer, says certain statements from Casey's parents about her past are irrelevant along with that table knife since Caylee wasn't stabbed.

Defense attorneys also don't want the jury to hear about the shovel Casey borrowed from a neighbor, after Caylee disappeared. The defense says the shovel has not been linked to a crime by her neighbor or forensic evidence.

"The shovel will probably come in. The reason being is that circumstantially that's consistent with the cadaver dogs having hit on Caylee's body in the back yard," Sheaffer said.

The defense is asking for prosecutors to respond to the motions and for a hearing.

If state prosecutors are forced to respond to the motions in writing and open court, the defense will learn more about their strategy in this case.

A hearing date to take up these motions has not been set.

CASEY'S DEFENSE COULD LOSE KEY WITNESS

Casey Anthony's defense team could be losing one of its biggest expert witnesses, whose testimony might have been able to free her, and it's all because of money problems in the case.

CASEY HEARING: Watch Full Video CASEY WALKS IN: Watch Raw Video | See Images IN COURT: Images Of Attorneys, Cindy, Others

Dr. Henry Lee is a forensic scientist who helped get O.J. Simpson acquitted. The defense team hoped he would do the same for Casey, but the state has not paid Lee to travel from Connecticut to Florida for the trial.

Prosecutors can't even get Dr. Lee to commit to a deposition, which would have to be done before he would testify at Casey's murder trial in May.

The defense team's most high-profile expert, Dr. Henry Lee, might be the next to go because of money issues. The defense claimed Dr. Lee helped investigators find hairs in Casey's car, and if Lee drops out of the case so could the defense claim that investigators weren't thorough enough.

"They may lose a very powerful tool to raise reasonable doubt in their case," WFTV legal analyst Bill Sheaffer said.

During a hearing Monday (watch hearing) , Chief Judge Belvin Perry questioned whether Lee, who is on the defense expert list at this point, is still a witness.

"Maybe Dr. Lee is not planning on testifying. There was some suggestion in his email that he might not, depending on the resolution of this issue," Judge Perry said.

Defense attorney Cheney Mason had said in court earlier this year that Lee would be willing to work for a crate of oranges. However, Lee has billed the state $7,500 for three days of work last summer and was looking to get reimbursed for his travel expenses, as well.

Dr. Lee is from Connecticut, but once Casey's defense team spent almost $200,000 on the case and she became indigent, the state has been paying her legal expenses. One of the state's rules is indigent clients must use Florida experts to minimize travel expenses.

JUDGE HOLDS OFF ON RULING ON CASEY WITNESS LIST

Casey Anthony was in court Monday afternoon where her lawyers fought to keep the witness list in the death penalty phase of the trial from being made public.

Casey walked in about 10 minutes before the 1:30pm scheduled hearing wearing a long-sleeve, button-down white collar shirt with blue pinstripes. A camera inside the courtroom showed her mother, Cindy, was in attendance.

Casey was writing notes to defense attorney Jose Baez. He looked at the courtroom camera, then jumped up and objected because it seemed to be focused on her notes.

"I would ask that the court instruct the photographer in the room not to photograph my client as she's passing notes," Baez said.

After Judge Belvin Perry instructed Baez on the proper way to handle his objection, he overruled and everyone went on, including Casey who continued writing him notes.

After about 15 minutes of each side stating their case, including an attorney with the Orlando Sentinel, Judge Belvin Perry said he was reserving ruling for a later time.

The defense previously failed to get Judge Perry to seal its death penalty witness list by order, so Monday Casey's lawyers tried to make convincing arguments to keep that list secret from the public.

The defense says some of Casey's relatives in Ohio and others, who have known her and her family since she was a child, don't want to help her stay off death row if she's convicted of murdering her daughter, Caylee Anthony, because they don't want to be contacted or covered by the media.

"We're worried that death penalty witnesses will be reluctant to come forward once it's time," defense attorney Ann Finnell argued Monday.

The defense says it has 50 witnesses who it plans to call on her behalf if she's convicted. Prosecutors have the list and will get the chance to depose the witnesses. But the defense wants to keep them and the information they would provide secret from the public, unless it becomes necessary if Casey's found guilty.

Prosecutors have listed what the law calls "aggravators," or legal reasons why Casey should be sentenced to death if she's convicted of murdering Caylee. The defense would argue what the law calls "mitigators," or legal reasons why she should not be sentenced to death, and would call its witnesses to underscore those arguments.

Mitigating circumstances could include: no significant criminal history, age, mental or emotional disturbance, extreme duress, or any other factors in the defendant's background that would mitigate against a death sentence.

Judge Perry did not say when he would rule on the defense's motion to keep the list secret. Casey waved to her mom when she entered and exited the courtroom.

GEORGE'S ALLEGED MISTRESS REVEALS DETAILS IN CASEY CASE

Evidence released Friday unveiled new details about the secrets in Casey Anthony's family. Who really is Caylee's father? And George Anthony's alleged mistress told investigators all she knew about the case against Casey.

ALLEGED MISTRESS: Interview 1 | Part 2 | Interview 2 INTERVIEWS: Joe Jordan | Maya Derkovic | Deputy Whitmore | Lori Cree WATCH: JibJab Video Spoofs Casey Anthony VOICE MAIL: Inmate Says She Has Casey Info VIDEO REPORT: Evidence Released In Casey Case READ: Casey's Letters To Inmate Pen-Pal

The evidence includes the interrogations of the alleged mistress and there were a couple of things we'd never seen or heard before.

One of them was Casey's father's alleged mistress telling investigators what George told her about how Caylee was killed and why he was apparently lying to them and to the public. While she says she was divulging some of her former lover George Anthony's deep secrets, she revealed some of her own.

Her real name is Krystal Holloway, but says she created a new name, River Cruz, and a whole new life to escape her past. She said even George didn't know; he thought she was an illegal immigrant.

Holloway reluctantly told investigators what she says George told her: that, at first, when he said Casey's car smelled like a dead body he didn't think Casey had murdered Caylee, but later he changed his mind.

"I caught him on a bad moment and he was crying and he said, 'Look, it was an accident. It just snowballed out of control,'" Holloway told investigators.

Holloway also spoke of George losing his temper.

"There was one time that he was really pissed and he threw her up against the wall and choked her,"

"OK. Do you know why he threw her against the wall and choked her?" Sgt. John Allen asked.

"Because he said, 'I know you killed her. What did you do to her?' And he choked her and Cindy had to get George off of, off of Casey.

"How do you know this?" Allen asked.

"He told me," she said.

Holloway told detectives George wanted to throw Casey out of the house when she was back home after bailing out of jail.

"Because it was too many lies," Holloway told investigators.

But she says George then lied to investigators and to the public about someone else murdering Caylee.

"He didn't want to have to lose his other kid. He lost one," she said.

Holloway also told investigators Casey's brother Lee knows she killed Caylee.

"Because George said his son does not understand why," Holloway told investigators.

Casey's letters to jail pen pal Robyn Adams were also released. About Caylee's father she wrote: "Am 99% sure that Cays isn't Jesse's. We had a paternity test done." She and her family tried to cast suspicion on Jesse Grund, her former fiance. Even if she knows who Caylee's father is, she's never made it known publicly.

LETTER: CASEY WANTS TO ADOPT AFTER RELEASE

Inmate letters revealed something stunning about Casey. She wrote about wanting to adopt a child after she gets out of jail. It's one of the things in documents released Friday.

READ: Casey's Letters To Inmate Pen-Pal

In Casey's letters to her jail pen-pal Robyn Adams, Casey wrote:"I always wanted to adopt a baby or child from another country." But said, if she does adopt, she'll adopt in the United States.

Casey also wrote she can keep a secret. The identity of Caylee's father could be one of them, if she knows. She wrote how a paternity test ruled out ex-fiance Jesse Grund.

Previous Stories: December 20, 2010: Judge Holds Off On Ruling On Casey Witness List December 17, 2010: George's Alleged Mistress Reveals Details In Casey Case December 16, 2010: Casey Defense Coughs Up More Info On Expert Testimony December 10, 2010: Judge: Both Sides Must Give Expert Info In Casey Case December 6, 2010: Casey's Defense Gets EquuSearch Documents December 2, 2010: Attorneys In Casey Case Get Into Email Dispute November 30, 2010: Casey's Defense Won't Have To Reveal Expert Costs November 25, 2010: Casey's Defense Wants To Seal Witness List November 18, 2010: Funding For DNA Tests Granted In Casey Case November 17, 2010: Testimony From Key Casey Witness Could Be Falling Apart November 16, 2010: Casey Defense Looking At EquuSearch Docs Again