ORANGE COUNTY, Fla. — Casey Anthony's lawyers questioned Dr. G Tuesday, Orange County's famous medical examiner.
RAW VIDEO: Attorneys On Break | Mason Heads Out VIDEO REPORT: Casey's Attorneys Question Dr. G
The defense questions how the medical examiner can conclude Caylee Anthony was murdered without saying how. But the defense won't say how Caylee could have been killed accidentally, when three pieces of duct tape were found layered over her face.
The defense questioned medical examiner Dr. Jan Garavaglia and two of her employees Tuesday at the medical examiner's office. Dr. G, and her team, examined Caylee's remains for a week and concluded they might not be able to determine how Caylee was murdered.
Almost two years later that hasn't changed and the defense has questions.
"Her reasons for calling it a homicide without knowing how the death occurred," attorney Cheney Mason said after the questioning.
Casey's lead attorney, Jose Baez, was quiet Tuesday, avoiding all reporter questions.
"Why aren't you stopping to talk to us lately? What's going on?" WFTV reporter Kathi Belich asked Baez.
"I got work to do," he said.
The medical examiner also concluded that Caylee's body had been in the woods for months, partly because plants had grown through and over the remains. Investigators believe Casey dumped Caylee's body there shortly after the little girl disappeared in June 2008, before we ever knew she was missing.
WFTV obtained state financial records, which show how the defense has spent $14,000 of taxpayer money defending Casey. Its private investigator, Jeremiah Lyons, has spent hundreds of taxpayer dollars attempting to interview dozens of witnesses without success. The private eye's explanations included wrong addresses and unanswered doors.
The defense has also spent tax money for the training records of Orlando police officer Ed Michael, who, with his police dog, investigated a call in October 2008, five days before Casey was locked up on no bond, that a woman heard screams for help coming from woods, blocks away from the Anthonys' house on the opposite side from where Caylee was found.
JUDGE RULES ON SEVERAL MOTIONS
The judge ruled late Tuesday on the defense request to do its own DNA testing on Caylee's shorts and the laundry bag also found with her remains. Chief Judge Belvin Perry is making the defense send the evidence to an accredited lab in Pennsylvania rather than the Dutch lab the defense wanted to use.
The judge made 33 other rulings in the case; most of them concerned issues that had already been resolved.
CASEY'S DEFENSE WANTS TO CONDUCT DNA TESTS
The case against Casey Anthony was back in court Monday afternoon. Casey's lawyers said they want to do new DNA testing on the shorts found with Caylee's remains. They also want Casey in the room when they question her jail guards, but the judge hasn't ruled on that yet.
STATUS HEARING: Pt. 1 | Pt. 2 | Pt. 3 SLIDESHOW: Lawyers At Status Hearing VIDEO REPORT: Lawyers Ask For New Testing
The defense wanted to send key evidence, Caylee's shorts and the laundry bag that were found with her remains, out of the country to be tested. The judge said no way.
The defense says its DNA expert, Richard Eikelenbloom from the Netherlands, has his own lab and that's where the defense wants to send Caylee Anthony's shorts and the laundry bag, which prosecutors say her mother Casey stuffed her body into, to have them tested for trace DNA.
"This is the area of which Mr. Eikelenbloom specializes in," Baez said in court Monday.
Prosecutors objected, because the lab is not accredited in the United States and sending key evidence out of the country risks damage and the ability to subpoena lab workers to testify. The judge decided one aspect of the issue right away.
"I will not be authorizing evidence to be shipped outside the United States," Judge Belvin Perry ruled.
Prosecutors say the FBI found no DNA on the laundry bag The defense claims the entire bag wasn't tested.
But the defense didn't ask to test anything else, like Caylee's shirt or blanket. WFTV legal expert Bill Sheaffer says that's significant. He said it could indicate the defense is looking for evidence that could suggest sexual abuse.
"They have focused on the laundry bag and shorts and that leads one to the inescapable conclusion that they're looking to see whether there's any DNA evidence or other fluids that are consistent with sexual molestation," said Sheaffer.
If the defense could raise reasonable doubt about sexual abuse, it could suggest a molester killed Caylee.
"The defense is casting about looking for something, anything at this point, to raise a reasonable doubt," said Sheaffer.
The defense also wants go to the jail to depose eight corrections officers, who were involved in the investigation into Casey's jail penpals and they want Casey to be there. Baez said she doesn't know the guards by name, only by face.
"You want your client to be present during the depositions?" Judge Perry asked Baez.
"Yes sir," Baez said.
"What does the rule say?" Judge Perry asked.
"I have to file the motion," Baez said.
"But, generally speaking, what does the rule say?" Judge Perry asked.
"Upon good cause," Baez said.
The defense says it will file a motion asking the judge's permission to let Casey attend the depositions, but the judge does not seem to be leaning in that direction.
The defense was also trying to convince Judge Perry to push back its deadlines for questioning witnesses under oath. But, again and again, the judge heard stories from prosecutors about how they've been dragging their feet and, again and again, the judge reminded them they have to meet their deadlines.
WHAT'S NEXT IN THE CASE?
The Orange County Medical Examiner, who performed an autopsy on Caylee, is scheduled to be deposed Tuesday. Dr. Jan Garavaglia, also known as "Dr. G.," was the first to say Caylee was murdered, but she could not determine how, exactly, Caylee died.
MORE DOCUMENTS TURNED OVER TO CASEY'S DEFENSE
Forty-eight pages of documents were turned over Friday to Casey Anthony's defense team.
Also, the defense has scheduled another fourteen depositions in the case for later this month and October.
Seven law enforcement officers from the Orange County Sheriff's Office, the FBI and MBI will be questioned under oath early next month.
Previous Stories: September 28, 2010: Casey's Attorneys Want To Do New DNA Testing September 24, 2010: More Documents Turned Over To Casey's Defense September 22, 2010: 2 More People Added To Casey's Witness List September 21, 2010: Documents: Casey's Friends Cashed In On Caylee September 21, 2010: Casey Evidence Raises Questions About Made-Up Info September 21, 2010: Casey's Lawyers Question Scientists In TN September 17, 2010: Dr. G To Be Deposed By Casey's Attorneys September 15, 2010: Key Anthony Investigator Questioned By Defense September 14, 2010: Three Lawyers Join Casey Anthony Defense Team September 14, 2010: Casey's Defense Allowed To Review Equusearch Records
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