Motions Ruled February 10th

 

02/10/2011 Order Granting
Motion in Limine to Preclude the Use, in Any Fashion Whatsoever, of a Certain “Jib Jab” Cartoon

 
02/10/2011 Order Granting
Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Rosciano Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

 
02/10/2011 Order Denying
Motion in Limine Regarding Any Testimony That the Defendant has a History of Lying or Stealing

 
02/10/2011 Order Denying
Motion in Limine to Prohibit the Use, in Any Fashion, of Internet Myspace References Attributable to the Defendant as “Diary of Days”

 
02/10/2011 Order Denying
Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to Shovel

 
02/10/2011 Order Denying
Motion in Limine to Exclude Irrelevant Evidence of Tattoo

 
02/10/2011 Order Granting
in Part and Denying in Part Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Lazaro Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

On February 10, 2011, Judge Perry ruled on several motions which could give us a small glimpse into the prosecutor’s little bag of tricks and theory they plan to use in their attempt to prove Casey Anthony maliciously murdered her 2 year old daughter Caylee Anthony over 2 years ago. As we know Casey Anthony has been charged with 1st-degree murder in her daughter’s death although Orange County Medical Examiner Dr. Jan Garavaglia could not say for certain if Caylee was murdered at all. This within itself makes this a complicated case. There is no mountain of forensic evidence to convict Casey but what will certainly be played out to its fullest is Casey’s propensity to lie and steal as indicated by this Motion in Limine.
Order Denying
Motion in Limine Regarding Any Testimony That the Defendant has a History of Lying or Stealing

Before I go any further, this is the definition of Motion in Limine as defined by Wikipedia website.

Motion in limine (Latin: “at the threshold”) is a motion made before the start of a trial requesting that the judge rule that certain evidence may, or may not, be introduced to the jury in a trial. This is done in judge’s chambers, or in open court, but always out of hearing of the jury. If a question is to be decided in limine, it will be for the judge to decide. Usually it is used to shield the jury from possibly inadmissible and unfairly prejudicial evidence.
http://en.wikipedia.org/wiki/In_limine

 
As we can see Judge Perry ruled to deny this motion which means the Defense’s motion to exclude Casey’s history of lying and stealing will be allowed. What this says to me is the State will attack Casey’s character by lining up witnesses one by one who Casey has lied to and her friend Amy Huizenga will testify to Casey’s unlawful use of her checkbook during the crucial 31 days.
Of course the earlier trial of Casey’s check fraud was no accident. We all know that the State stacked the charges to ensure Casey was a convicted felon before she went to trial for murder. This may have also helped the State turn this case into 1st Degree Murder and allowed them to throw in the death penalty option just for dramatic affect for the good people of Orlando Florida.
Order Denying
Motion in Limine to Prohibit the Use, in Any Fashion, of Internet Myspace References Attributable to the Defendant as “Diary of Days”

As I predicted Judge Perry also denied the Defense the above motion. I assume the State Prosecutors will use this poem posted on Casey’s mySpace page as some sort of confession that Casey knew Caylee had passed. Not just passed away but Casey not only murdered her daughter on or approximately June 16th but on July 7th, almost 3 weeks after the fact, took time to sit down a write a pseudo confessional poem on Myspace for all the world to see.

“Diary of Days
“On the worst of worst days, remember the words spoken
Trust no one, only yourself.
With great power, comes great consequence.
What is given can be taken away.
Everyone Lies.
Everyone Dies.”

Order Denying
Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to Shovel

As to the above motion, lead defense attorney Jose Baez had also hoped that Judge Perry would rule in his favor to exclude Brian Burner’s statement claiming Casey had borrowed his shovel on June 17th. This was the day after Casey’s father George Anthony said he last saw Caylee alive leaving with Casey. In my opinion, it is relevant but also ludicrous to think that a person who just killed her daughter would borrow a shovel from a neighbor. This was also the same day Casey’s boyfriend Tony Lazarro used her car and possibly helped Casey break into George Anthony’s shed to supposedly steal gas cans. Is it possible Casey needed the shovel to break into the shed?
Order Denying
Motion in Limine to Exclude Irrelevant Evidence of Tattoo


The Defense team tried to no avail to exclude the fact that on July 3rd, Casey Anthony got a tattoo “Bella Vita” which in Italian means Good Life, another strange, unheard of action of a guilty mother. But does this apply to a happy woman who has recently murdered her child? It’s hard to believe but I’m sure State Attorney’s Jeff Ashton and Linda Drane Burdick will try their best to convince the jury this is exactly the reason Casey got this tattoo.
So far to no one’s surprise I see a pattern here that can only be the actions of a person with an extreme behavioral disorder. The State will surely use these inane actions to drive their theory home. Considering these factors the jurors will probably hear testimony from a psychiatrist/psychologist or both, that Casey Anthony is a psychotic sociopath.

Whether this will be enough, I’m not sure yet. It’s hard for me to imagine that Casey Anthony was so lucky not to leave one iota of physical evidence at the site of the remains. And of course, the jury will hear from Roy Kronk, TES searcher’s and others who’ll tell them how Caylee’s remains were found and why they were missed by so many law enforcement officers, investigators, off-the-street do-gooders and cadaver dogs.   This may raise reasonable doubt to the jurors if it’s proven that the remains were placed there while Casey was in jail.

Motions Granted

Judge Perry did rule in favor for the defense the following motions. No explanation needed for the “Jib Jab” Cartoon.

Order Granting
Motion in Limine to Preclude the Use, in Any Fashion Whatsoever, of a Certain “Jib Jab” Cartoon

Order Granting
Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Rosciano Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

Order Granting
in Part and Denying in Part Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Lazaro Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

Judge Perry did agree with the Defense that Tony Rusciano’s sexual relationship with Casey Anthony wasn’t important enough for the jury to hear yet Judge Perry seemed wishy-washy in his ruling regarding Tony Lazarro and his testimony therefore he’s allowing certain testimony and inquiries regarding his relationship with Casey.

I presume Tony Lazarro’s statement regarding Casey’s night sweats and nightmares will come into trial which is probably the most damning statement Tony Lazarro can testify to. I predict Tony Lazarro will be very interesting to watch on the stand. The jury will most definitely witness lots of objections and sidebars during his testimony. All I’m hoping is he’ll explain what he did when he borrowed Casey’s car on June 17th.

thejbmission

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