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Wednesday, March 23, 2011

Watch Casey Anthony Frye Hearings, Live in Session

Casey Anthony is in court this morning as she will appear for Frye hearings on March 23, 24, and 25. Her trial is set to start on May 4, 2011 and the court is set to hear arguments regarding scientific evidence in the case.  Casey Anthony will appear at all hearings and entered the Orlando courtroom this morning at approximately 9:00 am.

You may watch the live hearing at Fox 35 or on Tru TV's In Session.  You may chat about the case below.

Watch Casey Anthony Frye hearings live on Fox 35



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Friday, March 18, 2011

Casey Anthony: Case hearings in March

A look at March motions in Casey Anthony case hearings.


1N THE CIRCUIT COURT or THE NINTH JUDICIAL CIRCUIT,
IN AND FOR ORANGE COUNTY, FLORIDA
STATE OF FLORIDA CASE No. ; 2008-or-15606
Plaintiff,
V.
CASEY MARIE ANTHONY,
Defendant.
_/
ORDER MEMORIALIZING MOTIONS HEARD ON MARCH 2 -1, 2011

THESE MATTERS came before the Court on March 2, 3, 4, and 7, 2011. Attorneys Jose
Baez, J. Cheney Mason, and Dorothy Clay Sims were present for Defendant and Attorneys Linda Drane Burdick, Jeffrey L. Ashton, and Frank George were present for the State. Also, present for certain motions were Tamara L. Gappen, Attorney for Orange County Corrections; Mark Lippman, Attorney for George and Cindy Anthony; and Gregg D. Thomas, Attorney for WFTV and Kathleen Belich.

It is hereby ORDERED AND ADJUDGED:

1. Motion to Quash Subpoenas and/or Motion for Protective Order and
Supplemental Motion to Quash Subpoenas:
This Motion, heard on March 2, 2011, was presented by Tamara L. Gappen, Attorney for
Orange County Corrections. Per stipulation of the parties, Deanne Adams and Mary J0 Dykes were released from attending the hearing. The Court ordered that Cindy Corrado, Tammy Unser, Dennis Moonsammy, and Marlene Baker be on 2 hour standby.

2. Motion for Relative of Victim to be Excluded from Rule of Sequestration:
This Motion, heard on March 2, 2011, was presented by Mark Lippman, Attorney for
George and Cindy Anthony. The Court invoked the rule of sequestration, but per this Motion, George and Cindy Anthony, as next of kin to victim Caylee Anthony, were permitted to attend certain proceedings after they both testified. Ftuther, the Court ordered that for future proceedings, this Motion may be re-addressed on a hearing by hearing basis.

3. Motion to Strike Kathleen Belich a/k/a Kathleen Gallagher from Defendant’s
Supplemental Witness List:  This Motion, heard on March 4, 2011, was presented by Gregg Thomas, Attorney for  WFTV and Kathleen Belich. The Court ruled that pursuant to the journalist’s privilege under ž 90.5015, Florida Statutes, Defendant failed to meet her burden to provide a clear and specific showing that: 1) the information sought from Kathleen Belich is relevant and material to unresolved issues that have been raised in the proceeding for which the information is sought;

2) the information cannot be obtained from alternative sources; and 3) a compelling interest exists for requiring disclosure of the information. Accordingly, this Motion is GRANTED.

4. State’s Motion in Limine:
This Motion was heard on March 4, 2011 and Defendant was in concurrence.
Accordingly, the Court ruled as follows:

Item No. 1 in motion: Any testimony or expression of personal opinion by counsel, or
any witness, that the defendant is guilty or not guilty: GRANTED.

Item No. 2 in motion: Any testimony about irrelevant character traits of Defendant
(for guilt phase only): GRANTED.

 Item No. 3 in motion: Any testimony or argument of counsel expressing a personal
opinion that the witnesses are “liars” or words to that effect. GRANTED (except
where evidence exists in support of such information).

Item No. 4 in motion: Any testimony or argument that unidentified members of the
Orange County Sheriff’ s Office, Office of the State Attorney, or any other government
agency “leaked” information to the media, or any third party. GRANTED (however,
if necessary, this information may be addressed at side bar via stipulation of the parties
and proffered outside of jury’s presence to determine the relevancy of the
information).


Item No. 5 in motion: Any testimony or argument that members of the Orange
County Sheriffs Office arranged for the Defendant to be video recorded upon learning
that her daughter’s remains were found. GRANTED (granted because there will be
no reference to video footage)

Item No. 6 in motion: Any testimony or argument that unidentified members of the
Orange County Sheriffs Office, Office of the State Attorney, or any other govemment
agency, who will not testify, committed any alleged improper acts. GRANTED
(however, if necessary, this information may be addressed at side bar via stipulation of
the parties and proffered outside of jury’s presence to determine the relevancy of the
infonnation).

5. State’s Motion to Strike Defendant’s Supplemental Witness List
filed February 14, 2011:

This Motion was heard on March 4, 2011 and the following occurred:  Kathleen Belich, a/k/a Kathleen Gallagher is removed as a witness per separate Motion as addressed in paragraph 3 herein.

The State concurs with Defendant that good cause exists for naming Defendant’s
former boyfriend, Kemieth Drupiewski, as a Witness because his testimony would be
relevant as to the date when Defendant's diary was written. Accordingly, Kemieth
Drupiewski is permitted to remain on the witness list.

Defense counsel voluntarily removed Marvin Schecter from the witness list.

6. State’s Motion for Rule to Show Cause: This Motion was heard on March 4, 2011 and pursuant to the Court’s request, the parties provided a resolution for this Motion and in compliance with the Court’s Order dated February 4, 2011. Accordingly, the Court finding that the resolution and actions of counsel at this hearing to be satisfactory, no further action will be taken on this Motion.

7. Defendant’s Motion in Limine to Suppress Video Footage (Jail Video):
The State confirmed with the Court that it will not be utilizing this piece of evidence or
descriptions of this video during its Case-in-Chief. Accordingly, at the hearing on March 4,2011, the Court rendered this Motion MOOT.


8. The Court reserved ruling for the below Motions that will be addressed in
separate orders: Defendant’s Motion and Amended Motion to Suppress Statements made to Law Enforcement Officers. Motion heard on March 2, 3, and 7, 2011.

 Defendanfs Motion to Suppress Statements made to George, Cindy, and Lee
Anthony, Maya Derkovic, Robyn Adams, and Sylvia Hernandez. Motion heard on March 3, 4, and 7, 2011.

 State‘s Motion to Strike Defendant’s Motion to Exclude Unreliable Evidence
Pursuant to Frye (Chloroform). Motion to Strike heard on March 4, 2011.

State’s Motion to Strike Defendant’s Motion to Exclude Unreliable Evidence
Pursuant to Frye (Plant or Root Growth). Motion to Strike heard on March 4, 2011.


DONE AND ORDERED in chambers at Orlando, Orange County, Florida, this /2 ii
day of March, 2011. Nunc pro tunc to March 2, 2011 and March 4, 201 l for the applicable
BELVIN PERRY, JR.
Chief Judge
Motions heard and ruled upon on these dates.


QERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been
furnished by U.S. Mail or hand delivery, this day of March, 201 1 to:
 Jose Baez, Esquire, The Baez Law Firm, 522 Simpson Road, Kissimmee, Florida 34744

 J. Cheney Mason, Esquire, J. Cheney Mason, P.A., 390 North Orange Avenue, Suite
2100, Orlando, Florida 32801

0Dorothy Clay Sims, Esquire, Sims & Stakenborg, P_A., 118 SW Fort King Street, P.O.
Box 3188, Ocala, Florida 34478-3188

Ann Finnell, Esquire, Finnell, McGuinness, Nezami, & Andux, P.A., 233 E. Bay Street,
Suite 601, Jacksonville, Florida 32202

Linda Drane Burdick, Jeffrey L. Ashton, and Frank George, Assistant State Attorneys,
Office of the State Attorney, 415 North Orange Avenue, Orlando, Florida 32801

 Tamara L. Gappen, Esquire, Orange County Attorney’s Office, Orange County
Administration Center, P.O. Box 1393, Orlando, Florida 32802-1393

Mark Lippman, Esquire, Lippman Law Offices, P.A., 255 South Orange Avenue, Suite
720, Orlando, Florida 32801

Gregg D. Thomas, Esquire and Rachel E. Fugate, Esquire, Thomas & Locicero PL, 400
North Ashley Drive, Suite 1100, P.O. Box 2602 (33601), Tampa, Florida 33602

Tuesday, March 15, 2011

Declan Crouch, 13-year-old boy missing from Australia, simply disappears without a trace

Declan Crouch, 13-year-old boy missing from Australia, simply disappears without a trace

Declan Crouch, a 13-year-old boy from Machans Beach, in Queensland, Australia, has apparently disappeared without a trace.  According to reports, the Year 8 student has been missing since March 9, 2011.  He was last seen getting on a school bus at approximately 3:00 pm, local time but never returned home.

Authorities are concerned as no one, not even the teen’s friends and Facebook buddies, have heard from him.  It appears that Declan Crouch did not runaway, but may have met with foul play.  Authorities also say that Declan did not take anything with him; such as clothing, money or food.  Though reports suggest he may have been upset with family members regarding a personal matter, the lack of communication has caused alarm.

It is possible that Declan Crouch ran away from home without taking anything and is currently harbored by friends.  If that is the case, those harboring Declan are encouraged to contact authorities and assure them that Declan is safe.

Declan Crouch is described at 170 cm (5’6”); has brown hair and brown eyes (though his hair may be dyed with a purple tint); and is of slim build.  If you have any information regarding Declan Crouch’s whereabouts you are asked to contact 1-800-333-000 or 4030 7000.

A Facebook Page has been started in hope of finding Declan Crouch.  You may access it here. 

Casey Anthony defense expert disagrees with Dr. G on duct tape, autopsy report

Casey Anthony defense expert disagrees with Dr. G on duct tape, autopsy report

In a surprise move by Casey Anthony’s defense, an expert has challenged the findings of Orange County Medical Examiner  Jan C. Garavaglia, also known as Dr. G, she also hosts the Discovery Health program Dr. G. Medical Examiner.  On December 19, 2008, Dr. G held a press conference, live from Orlando, Florida, confirming the remains of Caylee Anthony had been found.  Through additional forensic analysis and tests she concluded that Caylee Anthony’s skeletonized remains had deteriorated to the point that an exact cause of death could not be determined and in her final autopsy report she stated duct tape had been placed on Caylee Anthony’s mandible,  indicating that Caylee had duct tape placed over her mouth and nose.

The official autopsy was conducted from December 11, 2008 until December 23, 2008.  Dr. G stated in the original autopsy report under findings, “Several overlapping pieces of duct tape, over the anterior portion of the lower skull, including mandible and a portion of the maxilla.”  Under the statement, two notes were indicated stating, “Duct tape still attached to scalp hairs,” and “Mandible still in approximate anatomic position with no visible attached soft tissue beneath the duct tape.”

The report findings were picked up by media worldwide and added to the sensationalism of the crime.  Did Casey Anthony wrap duct tape around Caylee’s mouth and nose.  Continuing with the report, Dr. G concluded, “Although there is no trauma evident on the skeleton, there is duct tape over the lower facial region still attached to the head hair.  This duct tape was clearly placed prior to decomposition, keeping the mandible in place.”  These findings were directly challenged by M.D. Werner U. Spitz of Forensic Pathology and Toxicology in Michigan.

Dr. Werner wrote a letter to Casey Anthony’s lead defense attorney, Jose Baez (read the letter below Caylee Anthony’s autopsy report in the video player below) that states Dr. Spitz performed a second autopsy on Caylee’s remains on December 23, 2008 and December 24, 2008.  Dr. Spitz writes that he read the first autopsy report by Dr. G, and disagreed with her findings, specifically stating that there was no DNA evidence from Caylee Anthony present on the duct tape.  He also questioned whether the duct tape had been placed on Caylee’s skull, keeping the mandible in place as indicated in Dr. G’s autopsy report.

Dr. Spitz wrote, “Review of the report of autopsy performed by the Chief Medical Examiner of District Nine, Orlando, Florida and photos all indicate that duct tape was adherent to the hair and not the mandible, therefore if the skull was once lying on its left side, as clearly evidenced by the location of the sediment, it is highly unlikely that both the skull and the mandible, which would have been disarticulated during decomposition, would roll back to an almost perfect anatomical position.

Dr. Werner specifically stated that Dr. G’s following conclusions were flawed and explained why he believes so.  He wrote in the letter, “Because of the above mentioned findings, this calls into question the statement made by Dr. Garavagila that, ‘Although there is no trauma evident on the skeleton, there is duct tape over the lower facial region still attached to head hair.  This duct tape was clearly placed prior to decomposition, keeping the mandible in place.’  This statement is flawed for the following reasons:

a.        The evidence found at 2nd autopsy as described above
b.       The DNA results of the duct tape yielded no DNA from the deceased
c.        The lack of entomological evidence found on the duct tape is also inconsistent with the duct tape being placed over any orifice that would have attached to the duct tape during decomposition (skin would be expected to adhere to the duct tape).

The last finding by Dr. Spitz may prove to be crucial in trial.  Dr. Spitz is stating that if duct tape was placed on Caylee Anthony’s body before decomposition, skin (as well as DNA evidence) would be present on the tape.  Both agree it is not.

There is great possibility that Casey Anthony’s May 4, 2011 trial may see heavy focus placed on the duct tape.  If the defense can prove that Casey Anthony did not wrap duct tape around Caylee’s face, nose and mouth; there may be reasonable doubt in the juror’s minds that Casey intentionally murdered Caylee, therefore lessening the chance of the death penalty.

Will the state prove the duct tape came from the Anthony home?  Will the duct tape prove to have been placed on Caylee Anthony’s body as part of the murder or was it part of the debris lying on the ground, possibly moved by wind, floods and animals?  How will the defense explain the duct tape attached to Caylee Anthony’s hair?  How important is the duct tape to the state’s case?  These questions will be answered during Casey’s trial; but there is no doubt that the defense has challenged the state’s theory of events that transpired with Dr. Spitz’ findings.


Read Caylee Anthony autopsy report by Dr. G and Dr. Werener Sptiz' findings.  Click to play and read the reports



Wednesday, March 9, 2011

Amber Alerts cases: Sebastian Mosqueda, Sierra Criss, Elizabeth, Gabriel Johnson

Amber Alerts cases: Sebastian Mosqueda, Sierra Criss, Elizabeth, Gabriel Johnson

Here are today’s updates on several recent missing children cases and Amber Alerts.  An 8-month-old boy, Sebastian Mosqueda, and his 18-year-old mother, Monserrat Caracoza, were located safe on March 8, 2011 in Poplar, California.  An investigation is underway but early reports state that Sebastian’s father, Pedro Mosquesa, 23, has been taken into custody for the kidnapping.  Neither mother nor son were harmed.

A 19-month-old girl, Sierra Criss, who had  been reported missing  from a Colorado Springs hospital was later found safe.  The exact nature of the case is under question but early reports suggest that Sierra’s father, Gary Criss, took his daughter out of the hospital without notifying the hospital staff, setting off a missing child alert.  Reports by KKTV suggest that Gary Criss is Sierra’s custodial parent, but was arrested and released for taking his daughter from the hospital.  

The mother of missing Gabriel Johnson, Elizabeth Johnson, continues to stall the case by refusing to show up for court.  My Fox Phoenix reports that Elizabeth skipped a hearing this morning.

Who knew that inmates could decide whether or not they wanted to go to court?

Give me a break.

Judge Paul McMurdie told Elizabeth Johnson’s attorneys that next time he will send a deputy to remove her from her jail cell.  This is one of several court appearances that Johnson has missed.


Casey Anthony hearing March 2, 2011: Yuri Melich, Casey Anthony cries, Miranda rights (videos, photos)

Casey Anthony hearing March 2, 2011: Yuri Melich, Casey Anthony cries, Miranda rights (videos, photos)

Mommy's Little Girl: Casey Anthony and her Daughter Caylee's Tragic FateOn March 2, 2011, Casey Anthony returned to court for what may be the most invaluable aspect of her trial.  Over the course of four days, Casey’s attorneys would defend their motions before Judge Perry trying to determine what will and won’t be allowed in the May 4th trial.  On March 2, 2011, Cindy Anthony, George Anthony and Lee Anthony arrived at the Orange County courthouse along with detectives from the Orange County Sheriff’s Office.  The detectives would provide crucial testimony in the first moments that Caylee Anthony, then two-years-old, had been reported missing.

First to be debated before Judge Perry was the debate over statements made by an employee of the Orange County Jail.  Detective Yuri Melich delivered testimony about his encounter as a first responder to the Anthony house in Orlando.  WFTV provides the best video coverage of the Casey Anthony hearing and will more than likely lead the way during Casey’s May 4, 2011 trial.  They do not provide embedded videos but you can click the link and view Casey’s hearings in full at their website.  Here are links to Yuri Melich’s testimony delivered on March 2, 2011.  Yuri Melich testimony: Pt. 1 Of 4 | Pt. 2 | Pt. 3 | Pt. 4  In fact, the videos are crisp and clear as WFTV now uses a satellite feed for live streaming as well.  I highly recommend watching WFTV for live coverage during Casey Anthony’s Florida trial.

Following Yuri Melich’s testimony was Cindy Anthony, Casey Anthony’s mother.  When Cindy Anthony took the stand, Casey Anthony began crying.  Casey is continually under a microscope, especially when it comes to her emotions.  This is most in due to media coverage she attained during the early weeks and months of Caylee’s reported disappearance as she never showed public emotion about Caylee’s disappearance.  The public never once saw Casey Anthony shed tears over her lost, missing daughter and it is mostly out of public curiosity to discover what makes Casey Anthony cry.  Anyway, Casey was crying when Cindy Anthony took the stand.

You may see video from Cindy Anthony’s testimony here: WFTV: Cindy Anthony testifies March 2, 2011 Part 1 of 3 | Part 2 | Part 3

Cindy looked as if she’s gained 40 or so pounds since her granddaughter disappeared and there is no doubt this process is extremely tiring and troubling for George, Cindy and Lee.  Cindy described Casey’s original arrest in July 2008, and was cross examined by Assistant State Attorney Linda Drane Burdick.  It doesn’t appear the prosecution will have any difficulty showing Casey Anthony as a dishonest girl as she has already been convicted for check fraud.  Cindy Anthony was asked about  the times Casey Anthony stole money from her.

But I Trusted You: Ann Rule's Crime Files #14When Cindy was questioned by Cheney Mason regarding calling the police in July she answered, “Our goal was to find Caylee.”  That may be a pitiful attempt by Mason to make it appear that Cindy wasn’t as concerned with Casey’s stealing but it will doubtfully impress the jury as Casey is already convicted of stealing from Amy Huizenga.

It was a long day in court and following Cindy Anthony, Casey Anthony’s father, George Anthony took the stand: WFTV Part 1 of 2 | Part 2

 Jose Baez questioned George.  George was very emotional.

Pure Murder (Pinnacle True Crime)After George testified Ryan Erberlin, an Orange County deputy took the stand.  He had spoken with Lee Anthony, Casey Anthony’s brother the night Caylee was reported missing.  One of the most crucial developments made by Ryan Eberlin is that he did not read Casey Anthony her Miranda Rights.  This is due to the fact that when police arrived at the scene they weren’t investigating Casey as a suspect in a murder case but rather investigating Caylee’s disappearance.  This may prove crucial in trial and it is unclear how far this development could be used in the defense’s favor.

Continued…

Video: Casey Anthony pretrial hearing


Video: Casey Anthony in court for pretrial hearings



Slideshows: Casey and Caylee Anthony


Tuesday, March 8, 2011

Active Amber Alerts: Kennedy Joye Nolan

 UPDATE KENNEDY JOYE NOLAN HAS BEEN LOCATED


Missing From:  Muskegon Heights, MI
Missing Date:  03/08/2011 12:00 AM Central
Issued for:   Michigan: Statewide
Contact: If you have information, please contact Muskegon Heights Police Department, 231-722-3524/911
Circumstances:  UPDATE: Adding child's picture. The 13 year-old child was last seen at 673 Overbook Drive. When her mother went to pick the child up, the child's school folder was laying on the ground. According to an adult in the house, they heard a vehicle pull up and the child went outside and was missing. The child is believed to be in extreme danger. If you have information on the victim or abductor IMMEDIATELY contact 911 or Muskegon Police Department, through the Muskegan Central Dispatch at 231-733-8900.
Missing Child 
Name:  Kennedy Joye Nolan
Alias:
Hair Color:  BLK Eye Color:  BRN
Skin Color:  BLK Age:  13
Height:  5'8 Weight:  135lbs
Gender:  Female
Description:  Wearing a silver coat, red hand bag, blue backpack.

Active Amber Alerts: Sebastian Mosqueda 8 months old

Missing From:  Porterville, CA
Missing Date:  03/08/2011 1:55 AM Pacific
Issued for:   California: Alameda, Alpine, Amador, Calaveras, Colusa, Contra Costa, El Dorado, Fresno, Imperial, Inyo, Kern, Kings, Lake, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Mono, Monterey, Napa, Orange, Placer, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma, Stanislaus, Sutter, Tulare, Tuolumne
Contact: If you have information, please contact Tulare County Sheriff's Office, 559-733-6218
Circumstances:  UPDATE - Added child and companion's picture; added counties. UPDATE - Added companion. On 03-08-2011, at approximately 0155 hours, Sebastian Mosqueda, an 8 month old, Hispanic juvenile, was abducted from the city of Porterville by the biological father. The father made entry through the window and took the child from the mother's residence in Porterville. Suspect is Pedro Mosqueda, a Hispanic male adult last seen driving a 1991 Honda Civic (5VOY539).

Missing Child 
Name:  Sebastian Mosqueda
Alias:
Hair Color: Eye Color:
Skin Color:  Hispanic Age:  8 month old
Height: Weight:
Gender:  Male
Description:
Suspect 
Name:  Pedro Mosqueda
Alias:
Hair Color: Eye Color:
Skin Color:  Hispanic Age:
Height: Weight:
Gender:  Male
Description:

Vehicle Information

Make:  Honda Model:  Civic
Color: Interior Color:
License State: License Text:  5VOY539
Vehicle Description:

Saturday, March 5, 2011

Amber Alerts and missing children cases: Ten year old boy missing from Alabama

Amber Alerts and missing children cases: Ten year old boy missing from Alabama


Update: David Strickland found safe

Chief Deputy Randy Christian with the Jefferson County Sheriff’s Office released a statement at approximately 6:30 pm, saying that officers searching for 10-year-old David Strickland found him standing outside of a church.  He was described as hungry and soaking wet, but safe.  Authorities are getting David some dry clothes and will feed him then speak to him to find out the details surrounding his disappearance.


A ten year old boy, who may not have come home from his school yesterday, is the subject of a search today in Centerpoint located in Jefferson County, Alabama.  The boy, David Strickland, attends the Chalkville Elementary school and  was to visit a friend  at his house then walk home at 5:00 pm, according to a release by the Jefferson County Sheriff’s Office.  When David failed to return home his parents searched for him to no avail  By 10:30 pm, the contacted authorities and filed a missing person’s report.

David Strickland is described as weighing 110 pounds, stands 4’10” and was last seen wearing jeans and a blue shirt.  Authorities have not released a photo or stated his hair or eye color.

If you have information on this case you are asked to contact the Jefferson County Sheriff’s Office at  1-205-325-5711.

Click here for Amber Alerts and missing children cases from Alabama.