CORAL GABLES (LALATE) – The Casey Anthony trial could result in the prosecution losing their  case if the attempt to push the first degree murder charge. The Casey Anthony trial drew criticisms of the defense, left and right, a week ago. News analysts, quick to sensationalize coverage of the trial, called the forensics testimony by the defense as boring, ineffective, and a game losing strategy. But with most of us able to better grasp witness testimony over forensic evidence, the Casey Anthony trial changed on Thursday. Now with hardly any testimony until Monday since the explosive remarks by Cindy Anthony and Lee Anthony, the question remains: is the State losing their case?

The answer as to first degree murder is an emphatic “yes”. The problem with the way the State has charged Casey and presented the evidence is that they have used the first degree murder charge, not the manslaughter, as the focus, direction, and theme of its evidence presentation. The State has introduced its evidence, and conducted last week its cross examinations, in the context of first degree. The Bella Vita tattoo pictures, the skull pictures, the party photos, are all put within the context of premeditation. If that context fails, that the story behind the State’s case gets confused.

The biggest word troubling the jury this weekend is probably “premeditation”. Even if you believe that Casey was responsible for Caylee’s death, do you believe as a juror that she planned Caylee’s death? The State’s assertion is, yes, because the Anthony family computer had searches for chloroform. The defense, however, destroyed that theory last week by proving that the searches weren’t done by Casey. In fact, the State has no evidence that it was Casey on the computer, specifically.

So when Cindy said she was on the computer, and she did the searches, the State had a huge problem. Yes, Cindy searched for “chloroform” but not “how to make chloroform”. But that nuisance is not enough to get at premeditation.

How many jurors before this trial ever looked up the word “chloroform” in their life? If the answer is none, and now they are hearing assertions that two family members are looking up the same peculiar word, with Cindy on “chloroform” and Casey on allegedly “how to make chloroform”, it’s going to be confusing.

Casey Anthony Skull Search Pictures
Casey Anthony Skull Photo 1
Casey Anthony Skull Photo 2
Casey Anthony Skull Photo 3

For a juror to come to the determination that someone premeditated, not just a murder but the murder of their own daughter, there can’t be this mess of confusion in the evidence. There can’t be question about search activities on the computer.

Additionally, while legal analysts brushed over it on Friday, one of the most powerful pieces of evidence was a video showing Casey and Caylee in love, a video that drew tears from the witness (Cindy) and the defendant (Casey). If a juror wants to find premeditation, they have to come to a determination that somewhere, for some reason, this loving mother turned into a monster and plotted to kill her daughter.

Why did Casey allegedly become a monster and plan to kill her daughter? Because she wanted to go party and have tattoos? Casey’s party photos and Bella Vita tattoos are bizarre. But seeing a defendant act weird, especially from this family, doesn’t help a juror jump to the conclusion of premeditation. It helps for manslaughter, but not for first degree murder.

Caylee Anthony Skull Discovery Photos Set 1
Caylee Anthony Photo 1
Caylee Anthony Photo 2
Caylee Anthony Photo 3
Caylee Anthony Photo 4

What makes the Casey Anthony trial unlike anything this nation has ever seen is not just the unanswered questions but the hard-fast resolution of the State that they have a first degree murder case, which they really don’t, and the resolution by Jose Baez that he has a case involving George Anthony, which so far he doesn’t have at all.

We don’t know what went on with Casey and Cindy and Lee. But this week we also realized the bigger mystery is why have the State and the defense not seen the massive voids in their cases so far that you drive a truck through.

Caylee Anthony Skull Discovery Photos Set 2
Caylee Anthony Photo 5
Caylee Anthony Photo 6
Caylee Anthony Photo 7
Caylee Anthony Photo 8

The trial is far from over. Testimony could continue until the middle of July. The defense has multiple key witnesses still not called. The state has a critical rebuttal coming up. But for now, the Casey Anthony trial has not shown itself to be a first degree murder conviction case.

• Comments (6)

CORAL GABLES (LALATE) – The Casey Anthony trial left Cindy Anthony testimony on chloroform and the swimming pool with jurors’ minds as they headed into an elongated break Saturday. The Casey Anthony trial is in recess, the Court told jurors Saturday to their surprise. Originally the Court was to hear testimony today, perhaps even for longer hours to make up for lost time last week. But in an unexplained abrupt change, the Court sent jurors home Saturday with Cindy Anthony and Lee Anthony’s testimony left as the dominant testimonies of Friday and Thursday.

Cindy Anthony took to the stand again Friday multiple times to follow up her stunning chloroform search admissions on Thursday.
On Friday, Cindy Anthony told jurors stunning testimony about Caylee and the swimming pool. Cindy Anthony said that Caylee would go into the swimming pool three to five times per week by the summer of 2008. Cindy said Caylee was always anxious to go into the pool, was able to open the sliding glass door, and was able to get into the pool unassisted by herself, but still had an adult alongside her. Cindy said that she and her family told Caylee of the importance to only go into the pool with an adult present, and with her life vest on. But Cindy’s testimony clearly established that Caylee could have gotten into the pool by herself and hence possibly drowned. Yesterday, Cindy also showed how Casey was a loving parent. Video shown to depict Caylee’s size was in turn powerful to show the relationship of daughter and mother between Caylee and Casey.

Lee Anthony also told the jurors that there were family secrets, that he wasn’t told Casey was pregnant, that he wasn’t invited the baby shower. Between Cindy and Lee, the jury realized that this family has secrets, secrets the prosecution stays away from and secrets the defense tries to illicit. The same jury a week earlier learned Lee was tested for Caylee’s paternity.

On Thursday, Cindy took ownership of all critical online searches that would have established premeditation against Casey. First Cindy said that she was worried her Yorkie was acting up and feared it had contracted chloroform from bamboo roots. Cindy said she looked up chloroform.

Then, she later said she looked up acetone and peroxide. She claimed she had gotten an email at work about the worries of hand sanitizer around children. “That scare came out in March, and during the same timeframe I was looking up the issues about the dogs,” Cindy Anthony said. “I was looking up ingredients in the hand sanitizer, the alcohol, and that prompted me to look up other things we had in the house.”

• Comments (0)

CORAL GABLES (LALATE) – Who is Caylee Anthony’s father? Friday’s Lee Anthony testimony didn’t answer that question. But Lee Anthony said he was surprised that Casey Anthony was even pregnant when he first suspected seeing his sister’s baby bump.
Friday’s Lee Anthony testimony addressed the Pontiac Sunfire trunk stains, Casey Anthony’s pregnancy, and the birth of Caylee Anthony. But Lee Anthony’s testimony today did not cover the question about who is Caylee Anthony’s father.

Previously in this case, Jose Baez asked if a paternity test was taken to determine who is the father of Caylee Anthony. The question was never answered. Today, Lee Anthony took to the stand. He told the jury how he first learned that Casey was pregnant.

Lee said he came out of a bathroom one morning that he and Casey shared. He noticed a baby bump. He asked his sister “What the hell is that?” Lee said she just “waved me off.”

Lee Anthony said he again asked Casey about her pregnancy weeks later. He said neither Casey nor her parents ever discussed the subject. “I was angry at my mom and at Casey. They didn’t want to include me.” Lee said he skipped the birth of Caylee.

Casey Anthony Bella Vita Pictures
Casey Anthony Bella Vita Photo 1
Casey Anthony Bella Vita Photo 2
Casey Anthony Bella Vita Photo 3
Casey Anthony Bella Vita Photo 4

Previously in this case Baez called FBI forensic examiner Heather Seubert. Baez asked Seubert about paternity tests. Seubert told jurors that a paternity test had been taken on Lee Anthony, Casey Anthony’s brother. Suddenly, the judge and prosecution fumed. Perry sent the jury out of the room. The answer was never given.

In 2008, Orange County Sheriff’s Office Captain Yuri Melich interviewed Melina Calbrese. Melina told the Melich she previously believed Anthony’s former fiancé, Jessie Grund, was the father. But Calbrese claims Anthony informed her that Caylee’s father is Josh from Georgia, “a really hot guy”, she met at Universal Studios.

Caylee Anthony Skull Discovery Photos Set 1
Caylee Anthony Photo 1
Caylee Anthony Photo 2
Caylee Anthony Photo 3
Caylee Anthony Photo 4

That same year, the family of Jesus Ortiz, a 21-year old who died in a car crash, denied Ortiz being Caylee’s father. The Anthonys maintain Caylee Anthony’s father died when Caylee was two years old. Casey Anthony has asserted to news that Caylee’s father died without ever knowing he had daughter.

Caylee Anthony Skull Discovery Photos Set 2
Caylee Anthony Photo 5
Caylee Anthony Photo 6
Caylee Anthony Photo 7
Caylee Anthony Photo 8

Lee also said that stains in the Sunfire’s trunk existed before Caylee’s death. “There were a few, yes,” said Lee. “And were they there when you purchased the car?” “Yes,” responded Lee. “They were.”

• Comments (0)

LOS ANGELES (LALATE) – Friday’s Cindy Anthony testimony prepared an accidental drowning defense for Casey Anthony. The Cindy Anthony testimony Friday focused on the swimming pool, its ladder, the pool deck box, Caylee Anthony’s ability to climb into the pool, and similar. Within just a matter of minutes, Jose Baez was exceptional in getting into the record a series of critical testimony and photos. Every photo moved into evidence by Baez was objected to by State, and each picture was overruled and published to the jury. While Cindy hasn’t said how Caylee died, she has set up nearly an hour of critical testimony that fits the pieces of an accidental drowning defense.

“This is the first step onto the ladder” said Cindy Anthony. “Did she often get anxious in getting into the water and wanted to get in ahead of you?” asked Baez. Cindy Anthony said “for the most part … as she got older, she was a lot more anxious, because she was familiar with the pool.” She added “We always had a life jacket on her.”

In the summer of 2008, Caylee Anthony started going into the pool from March for about three to five times per week, always with the life vest on, Cindy told the jury. When Cindy was on vacation in June 2008, for a one week vacation, Caylee went swimming every day. Caylee was in love with the swimming pool.

Earlier Baez introduced into evidence a video of Casey and Caylee. The video was offered to prove how Caylee was growing fast. But the video clearly showed how loving Casey was a loving parent to Caylee early on.

Casey Anthony Bella Vita Pictures
Casey Anthony Bella Vita Photo 1
Casey Anthony Bella Vita Photo 2
Casey Anthony Bella Vita Photo 3
Casey Anthony Bella Vita Photo 4

“She was climbing a ladder” said Cindy Anthony to virtually all the ladder pictures. “How much are you supporting you?” asked Baez. “My hands on her but firmly, just like a light touch” Cindy Anthony responded. Later, as Caylee grew, she became anxious to climb in by herself unattended, Cindy told the jury.

“Did she get better at climbing the ladder into the pool?” asked Baez. “She was able to climb into the pool by herself” said Anthony. “Did you take numerous precautions around the pool for Caylee?” asked Baez.

Caylee Anthony Skull Discovery Photos Set 1
Caylee Anthony Photo 1
Caylee Anthony Photo 2
Caylee Anthony Photo 3
Caylee Anthony Photo 4

From there Cindy detailed the worries about a drowning to the jury. “Yes, we made sure once Caylee started walking we had a pool box … near the ladder … once Caylee was a toddler, we moved that up against the house… so that she could not climb up on the deck box to get into the ladder.” She added the deck box would be removed during days that swimming didn’t occur. She told Caylee not to go into the pool without parents.

• Comments (0)

CORAL GABLES (LALATE) – The Cindy Anthony testimony you heard today in the Casey Anthony trial was not a change from her deposition, claimed Anthony attorney Mark Lippman. The Cindy Anthony testimony today about chloroform, how to make chloroform, and stains inside the Pontiac Sunfire was quickly dubbed “bombshell” testimony”, “changing testimony”, and a shocker by news. But Lippman tonight told news that Cindy Anthony’s testimony today at trial was the same that she gave in her deposition in 2009.

Cindy Anthony was called by Jose Baez on his defense case-in-chief Thursday. Baez initially asked Cindy Anthony about her work timesheets, then about the Pontiac Sunfire, and finally about her online searches.

Cindy Anthony first said that her timesheets are not a far indication if she was or wasn’t at home on March 17 or March 21. Rather, she said that her employer prohibited overtime hours so often she would have to accountant for her hours by listing extra days.

The State seemed shocked by Cindy’s assertion that she was home that day. Lippman implied the State was acting up for the jury. Why? He says that they asked Cindy in her depo about her search activities online at home those two days. He said they didn’t rule out her being at home, and even asked her about questions presuming she was at home and the work logs were inaccurate.

Second, Cindy Anthony said that she and husband George Anthony bought the Pontiac Sunfire for Lee Anthony. She said that when the Pontiac was bought it had those stains in the trunk. The State has claimed the trunk stains came from Caylee Anthony. No, said Cindy Anthony today.

Finally, Cindy Anthony was asked by Jose Baez if she searched for “chloroform” on March 17 and March 21. She said yes. As a nurse, she said she was concerned that one of her dogs was acting peculiar. Cindy Anthony said the same during her depo, said Mark Lippman tonight.

On cross examination, the State wrongly implied that Cindy had changed her testimony. Cindy Anthony said no. Anthony reaffirmed her depo in stating that she did not look up “how to make chloroform”. But she asserts that she looked up “chlorophyll” and “chloroform” and that both of them sent her to results for “how to make chloroform.” She also reaffirmed her depo that she didn’t look up “neck breaking”. But she said she did look up something else and then linked on a search engine result on “neck breaking”. She described it as a YouTube pop-up of a skateboarder engaged in a “neck breaking feat.”

As to the websites visited about “chloroform”, she said those were done by her. The words she ruled out are “shovel” and “self defense”. But all other chemicals like “acetone” will all looked up by her, as a nurse and owner of dogs worried about their condition.

Casey Anthony Bella Vita Pictures
Casey Anthony Bella Vita Photo 1
Casey Anthony Bella Vita Photo 2
Casey Anthony Bella Vita Photo 3
Casey Anthony Bella Vita Photo 4

On cross, the State failed to impeach Cindy Anthony on the log-in theory. The State asserts that Cindy didn’t have log-in credentials to the computer. But Cindy said the computer would stay on for days, if not weeks, and she would just simply sit down and began using it.

Mark Lippman tonight told CNN’s HLN Prime News that the Anthony family does agree with the State’s case and does not agree with the defense’s case. He said George Anthony had nothing to do with Caylee’s death. He added that Lee Anthony and George Anthony did not abuse Casey.

Earlier this week, LALATE reported that the State’s first degree murder charge is in big trouble of falling. Tonight it likely that Casey Anthony may not be found guilty of first degree murder.

Caylee Anthony Skull Discovery Photos Set 1
Caylee Anthony Photo 1
Caylee Anthony Photo 2
Caylee Anthony Photo 3
Caylee Anthony Photo 4

For first degree murder, the State must prove premeditation or aggravated child abuse. The premeditation hinged on the theory that Casey Anthony did the searches on the Anthony computer. Tonight there is unequivocal doubt about the searched. The aggravated child abuse case for the State is nonexistent.

If on rebuttal, the State is unable to come back with strong evidence to rebut Cindy Anthony’s testimony, they could be faced with an aggravated manslaughter. LALATE has previously predicted that Casey Anthony will either get an aggravated manslaughter guilty verdict, or innocent verdict, with the aggravated manslaughter more likely.

Caylee Anthony Skull Discovery Photos Set 2
Caylee Anthony Photo 5
Caylee Anthony Photo 6
Caylee Anthony Photo 7
Caylee Anthony Photo 8

Of note, Casey was initially never charged with first degree murder until the State uncovered the online searches. Up until March 2009, the State wasn’t seeking first degree murder against Anthony. Weeks later they added the charge.

• Comments (0)