ORANGE COUNTY, Fla. — Chief Judge Belvin Perry ruled late Thursday afternoon that Cindy Anthony's frantic 911 call about the smell of a dead body in Casey's car can be used in her trial. The case against Casey was back in court Thursday afternoon on the two-year anniversary of when Caylee Anthony was first reported missing. Casey is facing a first-degree murder charge in her daughter's death and a trial is set for next year.
RAW HEARING: Pt. 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 CASEY WALKS IN: See Images | Watch Raw Video CASEY CRIES: Images Of Casey Crying In Court CASEY CHATS WITH INTERNS: See Images COURT IMAGES: Cindy, George, Lee And Others BILL SHEAFFER: Analysis Of Casey Hearing RAW INTERVIEWS: Jose Baez | Cheney Mason VIDEO REPORT: Judge Denies Defense Request 911 CALLS: Dead Body | Turn In Casey | Caylee Gone VIDEO REPORT: Casey To Attend Hearing
The main issue at hand Thursday afternoon was whether three 911 calls made by Casey's mother would be permissible as evidence in the murder case. The defense was fighting to have the calls disallowed as hearsay, and the prosecution called both Casey's mother and brother to testify. The defense lost that fight as Judge Perry ruled that all three calls are considered excited utterances, creating an exception to the hearsay rule, and will be allowed as evidence, therefore denying the defense motion.
Judge Perry, though, did give the defense one victory, granting their request to keep the list of evidence, which they reviewed over two days this week, sealed.
Baez also asked Judge Perry to seal an interview they did with a mystery state inmate and wants Casey to be able to come to court without handcuffs on. Judge Perry said he would consider it and told the prosecution to hold off on releasing the inmate interview once they get it.
Casey Walks In 071510 CASEY WALKS IN: Images | Video Casey walked into the court around 1:55pm wearing a pink, long-sleeve, button-down blouse and grey slacks; her hair was noticeably longer (images | raw video). She sat next to lawyers Jose Baez and Cheney Mason.
Judge Belvin Perry advised the court that the first issue to be heard is one involving Texas EquuSearch. Judge Stan Strickland had previously ruled on a defense motion seeking the names of all persons involved in the EquuSearch efforts in the search for Caylee (read previous order).
Baez then asked Judge Perry if he could speak with him before they started. After about 15 minutes of speaking with their microphones off, Judge Perry announced that Baez would be dropping his motion, but said that Baez and EquuSearch attorney Mark NeJame need to work together so the defense can see the EquuSearch records again.
"They can inspect those documents again, they can take notes. I will appoint a special magistrate ... to supervise," Judge Perry said.
Next on the table, Judge Perry said, was the motion regarding the 911 calls (read motion). Jose Baez then called Cindy Anthony to the stand, where she was put under oath. Lee Anthony was then ordered to leave the courtroom during Cindy's testimony.
casey crying blurby 071510 IMAGES: Casey Cries In Court Baez began by questioning Cindy about the events of July 15, 2008, the day she went to pick up Casey's car from the tow yard, establishing details about what took place that day.
"He told me the car smelled and wanted me to follow him home," Cindy testified Thursday afternoon, referring to her husband. "I followed George back to our house."
Cindy said they then took the car back to their home on Hopespring Drive.
"He told me it smelled like something had died," Cindy told Baez, again referring to her husband.
Baez continued to question Cindy on the specifics of that day, establishing a time frame for both picking up the car and for locating Casey later that day at Tony Lazzaro's home. Cindy said Amy Huizenga was the one who told her where Casey was.
"I probably told Amy that we found Casey's car at the impound," Cindy said. "I asked her if she had seen Caylee."
Cindy said she and Amy then went to Lazzaro's apartment to get Casey.
"I wouldn't let her get anything except her shoes," Cindy said. "I don't think I ever spoke to Casey about the car [at that time]."
Cindy told Baez that they then drove around with Casey with the hopes of getting Caylee.
"It seemed like forever [that we drove around]. It seemed like all evening," Cindy said.
Cindy said they then drove into the parking lot of a police annex, but there was no one there. It was at that time, Cindy said, she called 911 from her phone. It was during that 911 call that Cindy told police Casey had stolen the car, even though that wasn't entirely the case.
"Because I wanted to speak to a police officer," Cindy said, explaining why she said Casey had stolen the vehicle.
Cindy said they then went home and called 911 for a second time, but she wasn't sure of an exact time frame for making that second call. Cindy said Casey, Lee and her discussed the situation before calling 911.
"I never talked to Casey about the car," Cindy said.
Cindy said she made the second 911 call and told police she needed someone arrested and that she needed help with a missing child.
"She made it sound like they would be there whenever they could instead of they would send someone right out," Cindy told Baez regarding her frustration over their seeming lack of concern from dispatchers on the second 911 call.
Cindy told Baez she then began pacing, frustrated and concerned by the situation.
"I overheard her say she hadn't seen Caylee for 31 days," Cindy said. "I was hysterical at that point ... I think once I asked her if it was true I ran out and made the [third] 911 call."
Baez then approached the bench and gave Cindy a transcript of the third 911 call to help her remember the exact wording of the call she made. Baez then questioned Cindy on the specific date on which she last saw Caylee. Cindy had, at various times, said the last time she saw Caylee was June 7 or June 8, but video of Caylee with Cindy's father recorded on June 15 later surfaced.
Baez asked Cindy if the reason for stating an earlier date was to get quicker police attention, as she has told media. Cindy said she wasn't premeditated in that choice of dates, but was just saying whatever she could to get them to assist her.
Cindy was then handed over to prosecutors for cross-examination.
"You fully believed that your daughter had had contact with [Caylee] after June 15?" attorney Linda Drane-Burdick asked.
"Yes," Cindy replied.
"The words that you used to describe the smell in the car was 'dead body,'" Drane-Burdick said. "You've told law enforcement that on several occasions you have had contact with dead bodies."
"Only in the morgue," Cindy said.
"... that you've smelled dead tissue and it smelled bad?" Drane-Burdick asked.
"Yes," she said.
Drane-Burdick then continued that line of questioning, pointing out the numerous times Cindy has commented on her knowledge of and experience with dead bodies and flesh.
"After you had located your daughter Casey, you had no telephone contact with George," Drane-Burdick said, establishing that Cindy didn't talk to George at any point before or during the period of time during which she made the three 911 calls.
"Correct," Cindy said.
"When you found Casey, Caylee was not with her?" Drane-Burdick asked.
"Yea, she was with Zanny," Cindy said.
"And you certainly had no idea or thought that Caylee could be deceased and that there could be a connection between that and the smell in the car?" Drane-Burdick asked.
"Correct," Cindy said.
Drane-Burdick then began asking specific questions regarding the 911 calls, confirming Cindy's reasons for saying there was grand theft committed and that Casey had stolen from her. Cindy said that when they got home after making the first call from the police annex, Lee spoke with Casey and Cindy hoped that he would be able to get through to her, but he couldn't.
"I don't think Lee wanted me to call the police," Cindy said. "I'm not sure if I made it on the house phone or the cell phone. I'm not sure if I made [the second] call from the living room or the bedroom or where."
"The only thing wrong at that point was that Casey wouldn't take you to Caylee?" Drane-Burdick asked.
"Correct," Cindy said.
"At that point, in your mind, it was only a possibility [that there was a missing child]?" Drane-Burdick asked.
"Correct," Cindy said.
"After you make the [second] call, you overhear your daughter saying she hadn't see her daughter for 31 days?" Drane-Burdick asked.
"Yeah, she was crying," Cindy said.
"You're first reaction to that is panic, can't think, don't know what to do. Is that right?" Drane-Burdick asked.
"Correct," Cindy said.
"Prior to actually making that [third] call, you were yelling at Casey, trying to get information from her. Correct?" Drane-Burdick asked.
"Correct," Cindy said.
"You now wanted [police] there because you wanted Caylee found?" Drane-Burdick asked.
"Yes and it had seemed like an hour since the last call," Cindy said.
"Very early on into the call, you turn the call over to your daughter," Drane-Burdick said, suggesting that it was at that time in the call that Cindy connected the smell in the car to Caylee gone.
"If that's where my mind went to, yes," Cindy said. "I don't know how the mind works when you're under stress."
Cindy, during the cross-examination, shocked the courtroom and a hush fell over the crowd when she said she still believes Caylee is alive, a year and a half after she held Caylee's funeral service.
Around 3:35pm, Drane-Burdick wrapped up her questioning and Judge Perry called for a 15-minute recess. Upon returning, Baez will be able to again question Cindy.
After the recess, Baez began follow-up questions.
"When you made these statements to law enforcement that you have smelled dead bodies, this was later on, past July 13th, Correct?" Baez asked.
"Correct," Cindy replied.
"After smelling this smell, you still believed Caylee was alive?" Baez asked.
"Correct," Cindy said.
"When you made these statements to law enforcement that you had smelled a dead body ... that was because you wanted them to know the smell that you smelled was difference than that of a dead body," Baez said.
"Yeah, I guess," Cindy said.
"And why did you tell them this? It's because you wanted them to be searching for a live kid," Baez said.
"Correct," Cindy replied.
Just before 4:00pm, Cindy was relieved from testimony and Lee was called to the stand. At the same time, Casey could be seen breaking into tears (see images).
Prosecutors then began their questioning of Lee.
"I just tried to reason with her, reason with Casey," Lee said of the situation when Casey was brought home by Cindy.
Lee told the court he didn't hear the second 911 call Cindy was making and he went to talk to Casey about the situation.
"I went in there to say this didn't make any sense," Lee said. "Just kind of trying, you know, another last ditch effort."
"Did you then engage in a role playing situation where you acted as a police officer?" Drane-Burdick asked.
"Yes," Lee said. "I was just trying to say, 'This is what's going to happen.' What's going to fly with my mom isn't going to fly with a police officer."
Lee said that his questioning of Casey, though it seemed to be getting somewhere, was cut off when Cindy returned.
"She came through me to come into the room and just simply said, 'What's going on?'" Lee said. "Casey reiterated that she hadn't seen Caylee in 31 days ... [Cindy] was very angry."
Lee said Cindy was yelling at Casey and punched the bed.
"Frantic, angry, at times at a loss for words, because she kept repeating herself," Lee said.
Lee said it was soon thereafter that Cindy made the third 911 call. He said he wasn't present for that call and didn't hear it at the time and was instead with Casey asking her questions.
However, Drane-Burdick then pointed out that Lee previously testified that he could hear the 911 call Cindy was making. With that, the prosecution ended their questioning and defense attorney Cheney Mason began questioning Lee.
"There was nothing going on to interfere with you having this private conversation with your sister?" Mason asked.
"My sister's information is more important than the call my mom was making," Lee said.
The questioning of Lee ended around 4:20pm, having lasted much less time than the questioning of Cindy. As Lee stepped down, Cindy's work supervisor, Debbie Polisano, was brought forward to testify with Mason doing the first questioning.
"That they found the car in the impound lot," Polisano said. "She told me there was a terrible, terrible odor in the car."
Mason then asked Polisano if it was George who told her how the car smelled.
"She didn't say George told her that, she just said they both knew that," Polisano said. "I told her to go home."
Polisano said she told Cindy to call the police, but that she didn't while in her presence. She said that she sent Cindy home, but she later returned to work.
"Did you have to exercise some persuasion to convince her to leave work to go home?" Mason asked.
"I went and got my boss and had her tell her to go home," Polisano said.
The prosecution declined to question Polisano and at 4:25pm she was allowed to step down. Mason then began the defense's arguments to disallow the 911 calls as hearsay.
"She goes to get the car, has some discussion about odor in the car, goes back to work, now that's not an excited utterance situation," Mason said.
Mason argued that Cindy's statements about the dead body were uninformed and that the length of time between her 911 call statement and the first time she smelled the car shows it's not an excited utterance, which would provide an exception to being considered hearsay; the basis for the hearsay exception of something considered an excited utterance is the belief that a statement made under stress is likely to be trustworthy and unlikely to be premeditated falsehoods.
The prosecution then argued that the third 911 call, where Cindy refers to the smell of a dead body in the car was an excited utterance urged forward by the realization that Casey hadn't seen Caylee for over 30 days. Drane-Burdick went on to argue that Cindy Anthony had the background and experience, which she restated Thursday, to recognize such smells.
Just before 5:00pm, Judge Perry announced a 10-minute recess. He said he'd then return with a ruling.
At 5:05pm, Judge Perry returned to the courtroom.
"The court has before it a question of whether three 911 calls ... the defense raises several theories. The first theory is these calls are hearsay," Perry said, citing cases related to such a theory. "In this particular case, we have three calls. The state has indicated that calls one and calls two are not being offered for the truth of the matter as asserted within ... testimony presented at this particular hearing indicates ... it is quite evident ... that that statement was made before there was time ... the statement was also made at the time she was under the stress of learning that her granddaughter was missing and no one knew where she was ... it's quite clear that the third call fits the description of an excited utterance,"
Perry went on to state that the other two calls, as well, also were made under a stressful situation and ruled that all three 911 calls are permissible as evidence in the case against Casey Anthony and the motion was denied.
The defense wanted Cindy's frantic 911 calls kept out of the trial.
"There's something wrong," Cindy Anthony exclaimed in the 911 call two years ago (hear it). "I found my daughter's car today and it smells like there's been a dead body in the damn car."
Cindy Anthony has changed the story around her frantic 911 call three times. Exactly two years ago, she frantically called 911 to report her granddaughter, Caylee Anthony, missing.
"Um, I have someone here that I need to, um, be arrested in my home and there's a possible missing child. I have a 3-year-old that's been missing for a month," Cindy told the 911 dispatcher.
"A 3-year-old?" the dispatcher asked.
"Yes," Cindy answered.
"Have you reported that?" the dispatcher asked.
"I'm trying to do that now, ma'am," Cindy replied.
Prosecutors argue the series of calls is the beginning of a string of lies Casey told as investigators tried to figure of what happened to Caylee. An even more distraught Cindy called dispatchers again.
"We're talking about a 3-year-old little girl. My daughter finally admitted that the babysitter stole her. I need to find her," Cindy told the 911 dispatcher.
Once Cindy realized that Casey made up a story about Caylee being with a nanny, and that Casey was under suspicion, she changed her story twice. Cindy later said the smell she was so worried about was just rotting pizza, even though there was no pizza in Casey's car.
Previous Stories: July 16, 2010: New Witness In Case Against Casey Anthony July 14, 2010: Casey's Defense Wants More Testing On Evidence July 13, 2010: Casey's Lawyers Begin Evidence Examination July 12, 2010: Deadline Set In Casey Case For Release Of List July 9, 2010: Casey's Defense Turns In List Of Evidence It Wants July 6, 2010: Casey's Mother, Brother Ordered To Testify July 2, 2010: Casey In Court As Judge Denies Motion, Sets Rules July 2, 2010: Guard Fired Who Helped Casey Swap Letters July 2, 2010: Death Penalty Expert Leaves Casey's Defense Team June 30, 2010: Depos Scheduled For Lab Experts In Casey Case
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