ORANGE COUNTY, Fla. — Casey Anthony sat emotionless Friday during the first hearing in her case in front of a new judge. Chief Judge Belvin Perry, Jr. said the jury in the case likely will not come from Orange County, but he doesn't plan to move the trial either.
CASEY IN COURT: See Images | Raw Video COURT IMAGES: George, Cindy, Lawyers Inside Courtroom BILL SHEAFFER: Talks After The Hearing INTERVIEWS: George & Cindy | Attorney Jose Baez COURT HEARING ON 4/30: Part 1 | Part 2 VIDEO REPORT: Judge Gets Down To Business
Casey, wearing a pink, long-sleeved button down collar shirt, seemed in good spirits as she smiled while talking to Baez (images | video) before Orange County Chief Judge Belvin Perry arrived in the courtroom. From there on she looked more serious and Judge Perry quickly proved he will not put up with nonsense and is ready to move the case against Casey full speed ahead.
Chief Judge Belvin Perry did not make any decisions about whether Casey's trial will be held in Orange County's courthouse, but he will soon, possibly next month. He did say, if he sequesters an out of town jury in a hotel for what could be a two-month trial, he will bring that jury to Orange County. That means, for the first time ever, an out of town jury could be brought to the Orange County courthouse for a local case.
Casey in Court 043010 CASEY IN COURT: Images | Video COURT IMAGES: Go In Courtroom Judge Perry is picking up the pace. He's not waiting until next year to decide where to find a jury and it seems that place is not going to be Orange County.
"I have done a number of ‘change of venue' cases. Once I grant it, the location will not be disclosed. It will be disclosed at the last possible moment," he said.
That way, the media won't stir up publicity there right before jury selection.
Judge Perry seems to be leaning toward sequestering the jury in a hotel with no television and no news about the case, which could mean, no matter what, the trial will be held in Orange County.
"If I decide to sequester the jury, we will go somewhere, we will pick a jury and they will be returned to Orange County, and the trial will be held here," Judge Perry said.
The judge has taken trials out of town, but in this case there are more than 250 witnesses, most from Orange County. He says transporting and/or housing all of them, along with everyone else, would be too expensive.
The defense wants an out-of-town jury because of the publicity, but might not want it to be sequestered.
"This is really not just about the publicity. This community is intimately involved in this case by way of searches, by way of protesters," attorney Jose Baez said.
The defense said the types of people it might want to hear the case might not be able to handle spending two months away from home and family.
"It is no secret that this case has received widespread publicity," Perry said. "The only way ... to make sure that they are no infected or polluted during this proceeding is to sequester them."
"We want Casey to have a fair trial. We love the knowledge Judge Perry brings to the bench," Jose Baez said after the hearing (watch full interview).
WFTV asked Baez whether he shot himself in the foot by asking for the trial to be moved to Miami.
"I don't think so. I lived in Miami for many years and, if you know what goes on down there, this case is just another case," Baez said.
But an out of town jury would have to come from a county with a population similar to Orange County's.
"We all know it's heavily Hispanic. How would you say that that is the same demographic as Orange County?" WFTV reporter Kathi Belich asked Baez.
"They may not have the same demographic and we're not saying the same demographics. There are variables. There are a number of variables that you put together," he said.
One thing is for sure now; Casey's murder trial will start May 9, 2011.
"I would like to do it sooner, but it looks like ya'll have agreed on something. My only concern is that, as you know, under our system of laws, the adversary system of justice is memory dependent and, unfortunately, memories deteriorate over a period of time," Judge Perry said. "I will think about it. I'm inclined to stick to the same schedule, but once we do that I will enter an order and you will be stuck with it."
Judge Perry gave prosecutors and defense attorneys strict orders to get their evidence and witnesses in order. There are more than 250 witnesses who could be called to testify for the state alone; only 36 have been deposed so far. Prosecutors said they believe some out-of-state witnesses are stonewalling.
"I'm quite sure that Sheriff Jerry Demings will aid us in going to make those witnesses available for deposition," Judge Perry said.
"That's what Judge Perry wants. Just bring me the pearls, answer the question as posed, be courteous to one another and let's conduct this trial in a professional manor. Justice delayed is justice denied," WFTV legal analyst Bill Sheaffer said (full interview) .
The judge also took issue with the fact the defense still hasn't talked to the Justice Administration Commission to go over how much the case will cost taxpayers.
"I got time next week and the following week. That needs to be done like yesterday," Judge Perry said.
The judge said there will be regular status hearings on the case.
"As you know, we will have a status hearing every 45 days to make sure you are following this schedule," Judge Perry said.
Cindy Anthony said afterward she felt the proceedings were more respectful and organized with Judge Perry.
"It was a lot better being in court today," Cindy said (watch full interview). "It was respectful. Everybody was much more respectful. It was good."
Judge Perry has been on the bench in Central Florida for 21 years. He is the go-to judge for cases causing a problem for the court.
"He sets a tone of authority in his courtroom. No one ever questions who's in charge once you walk into Judge Perry's courtroom," Sheaffer said.
Judge Perry has overseen tough cases before. He took over the case involving a homeless man's murder, because another judge allowed the suspect to get out of jail on bond. Last year, he sent two men to prison for life when a jury found them guilty for murdering Orlando Police Officer Al Gordon.
DEFENSE MAKES EVIDENCE REQUEST IN COURT
Also in court Friday, the defense said it wants to know what science a lab used to determine the air in Casey's trunk indicated human decomposition.
Prosecutors say the trunk also contained a hair from Caylee's dead body and they planned to use the hair and air tests to prove Casey used the car to move Caylee's body.
The defense says the lab won't divulge the 424 chemical compounds it used in the testing.
"If they plan on coming to Florida and testifying in Florida, they're gonna have to back up their science and show the empirical data that they're relying on. So, if they're not willing to do that, they have no business testifying in a court of law," Baez said.
WFTV legal analyst Bill Sheaffer said it's up to the judge to rule whether that evidence will be allowed.
WHAT'S NEXT IN THE CASE?
Here's what's expected to come up next in the case against Casey Anthony.
Tuesday, there will be a pre-trial hearing in the civil case filed by Zenaida Gonzalez against Casey.
Thursday, attorneys will be in court to decide how much taxpayer money Casey's defense team will get to try the murder case.
The following week, a hearing will be held to review any outstanding motions regarding the death penalty.
DEFENSE FILES MOTION OVER STRICKLAND
Judge Stan Strickland is off Casey's case, but the defense team is still filing motions about him.
OBJECTION: Defense Dislikes Strickland's Choice Of Words JUDGE GONE: Read His Order | Judge Appointed
Casey's attorney, J. Cheney Mason, filed an objection (read it) to Judge Strickland's order (read it) announcing he was stepping down after the defense filed a motion (read it) seeking his removal.
Mason says the judge tried to insult and embarrass the defense team throughout the document. In Strickland's motion, he points out what he calls "tactics" by Casey's attorneys.
Mason says the motion was misleading.
ATTORNEY WANTS TO BE REMOVED FROM CASEY CASE
One of Casey Anthony's defense attorneys has filed a motion to officially be removed from the case (read it).
READ: Attorney Files Motion to Leave Case
Attorney Todd Macaluso submitted the motion on Monday because he has been disbarred in California. WFTV reported in February when Macaluso left the defense team due to a disciplinary issue with the California state bar.
Casey Anthony is in jail, accused of killing her daughter Caylee Anthony in 2008.
Previous Stories: April 28, 2010: Attorney Wants To Be Removed From Casey Case April 23, 2010: Mystery Hair Disclosed In Casey Documents April 22, 2010: Judge In Casey Case Orders Management Hearing April 21, 2010: Casey Handwriting Analysis Could Be Released April 20, 2010: Analysis: New Casey Judge "Sets Tone Of Authority" April 20, 2010: Judge Strickland Steps Down From Casey Case April 19, 2010: Casey's Defense Refiles Motion After Notary Error April 19, 2010: Motion Filed To Have Judge Removed In Casey Case April 19, 2010: Casey Defense Team May Have To Re-File Motion April 16, 2010: Jail Friend: Casey Described Using Chloroform April 12, 2010: Casey's Pen Pal Tried To Sell Jail Letters April 9, 2010: Casey's Pen Pal: "Praying For Her Every Day" April 8, 2010: Judge Grants Prosecution Request In Casey Case
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