State: Casey May Have Used Inmate's Child Drowning Story

The state said Casey may have used another family's tragedy to come up with her story about Caylee dying in a swimming pool. Also on Tuesday, another error by the defense was so big, that it could win Casey a new trial if she's convicted.

Casey's lead attorney, Jose Baez, told the jury during his opening statement that Caylee drowned accidentally, and when George found her lifeless body at the bottom of the family's pool, he carried her to Casey and blamed her.

Also, the defense claims George, who Casey alleges sexually abused and bullied her for years, forced her to cover it up.

However, on Tuesday, prosecutor Linda Drane-Burdick told Judge Perry that the state has identified in computer records, searches and instant messages made from the Anthonys' computer.

"The data refutes that timeline," said Drane-Burdick.

However, Baez cried foul, saying it's too late for the state to introduce "new evidence."

"We got the hard drive, but that's everything judge," Baez said.

But prosecutors told the Judge Perry that the defense has had the hard drive for at least two years.

"It's not new evidence. I don't know how something could be new evidence when it was given to you," Judge Perry said.

WFTV legal analyst Bill Sheaffer said the defense's failure to square the evidence with his theory could be seen as the basis for a reversal on competency of counsel.

Sheaffer said it hamstrings the defense's efforts to prove its theory.

"The minute they put on one piece of testimony in that regard, these computer searches will come into evidence," Sheaffer said. "The jury already suspects this isn't a valid defense and this would be a death knell to that defense."

The state also said Casey may have stolen another inmate's story about a child drowning in a swimming pool. In 2009, April Whalen and Casey were housed in the same dorm at the Orange County jail.

Whalen's family didn't want to talk about the death of the child on Tuesday when WFTV visited their home.

Casey Anthony Side By Side FACES OF CASEY: Recent To Oldest Prosecutors believe Casey may have heard Whalen's story when they were at the jail together.

"A statement was taken from a phone call from this witness that was transcribed. I received all information yesterday. The name of the witness is April Whalen. Apparently, her child died in a swimming pool and was found by the child's grandfather," said Drane-Burdick.

Whalen's son drowned on Christmas Day in 2007 when he fell into the above-ground pool at the family's Orlando home. The family attempted to give the boy CPR, but they were unable to save him.

The jail confirmed Whalen spent five days in June of 2009 in the same dorm that Casey was housed in. During that time period, Whalen was in jail for dealing in stolen property and petty theft.

Prosecutors do not believe they will use Whalen in their case, but could use it in the rebuttal.

"Ms. Whalen, she did not talk to Casey Anthony, but she did not remember if she talked to other inmates," Drane-Burdick said.

Defense witness, forensic botanist Dr. Jane Bock, told jurors on Tuesday that she believed roots could have grown through the bones, skull and a laundry bag in two weeks. Prosecutors have said Caylee's remains had been in the woods since the summer of 2008.

Bock said she based her estimate "because of the pattern of leaf litter" she observed on photos of the scene in the woods where the remains were found. But Bock said she couldn't tell just by looking at the photos how long the plants in the area had been there.

Prosecutor Jeff Ashton seized on that uncertainty in his cross-examination and noted that photos Bock relied on to make her assessment weren't taken until February 2009, more than seven weeks after the area was cleared of vegetation. He also showed Bock photos taken at the time of recovery and challenged her with more questions.

"Clearly some of those leaves have been off the trees for longer than two weeks, were they not?" Ashton said.

Bock replied it was possible, but also said they could have been there longer.

The state also got Dr. Bock to admit that she didn't know that one of Caylee's hip bones was found buried under four inches of muck.

Meanwhile, attorneys for a potential defense witness have filed a motion to keep him from testifying.

Casey's attorneys subpoenaed Vasco Thompson to testify because he was convicted of kidnapping 20 years ago, and because George Anthony called Thompson's current phone number in July of 2008.

However, Thompson said he didn't get that phone number until 2009. Thompson says he doesn't know George Anthony and has no knowledge about the case.

Casey is charged with first-degree murder, aggravated child abuse, aggravated manslaughter of a child and four counts of lying to law enforcement. She has pleaded not guilty and faces the death penalty if convicted.

WFTV conducted a poll that shows how people are reacting to the testimony that's been presented in Casey's murder trial so far. WFTV surveyed hundreds of people right after the prosecution rested its case. Check out the results here

Previous Stories: June 20, 2011: Judge Perry Scolds Attorneys, Court Recessed Until Tuesday June 18, 2011: Casey Cries As Expert Talks About Caylee's Skull In Trial June 17, 2011: Casey Court Drama: Sparring Lawyers, Fighting Spectators June 16, 2011: Mistake, Objections Spark Fireworks In Casey Trial June 15, 2011: Defense Motion For Acquittal Denied In Casey Trial June 14, 2011: WFTV Duct Tape Video Used As Evidence In Casey Trial June 13, 2011: Prosecutors Almost Finished In Casey Murder Trial June 11, 2011: Crime Scene, Insect Experts Testify In Casey Trial Day 27 June 10, 2011: Casey Gets Angry, Cries As Caylee Autopsy Pics Shown June 09, 2011: Casey Becomes Sick During Testimony On Remains June 08, 2011: Expert: Casey Searched Neck-Breaking, Death On Web June 07, 2011: Deputy: Cadaver Dog Alerted To Playhouse, Casey's Car