“Your honor, the defense will rest,” said Lead Defense Attorney Jose Baez to Chief Judge Belvin Perry Jr. on Thursday in the trial of Casey Anthony, who then informed the judge that she would not be testifying.
The 25-year-old is accused by the state of Florida of first degree murder in the death of her 2-year-old daughter, Caylee Anthony, three years ago.
The defense claimed in their opening statement that the child drowned unexpectedly and was found by her grandfather, George Anthony, who then covered it up by placing duct tape on the little girl’s mouth and disposing of her body in the woods.
The state has disputed this theory, declaring that chloroform and duct tape were the murder weapons, used by the mother to kill the toddler. Now, prosecutors have began their rebuttal case.
The first witness recalled to the stand was Alina Burroughs, who also testified earlier for the state. Burroughs is a crime scene technician at the Orange County Sheriff’s Office.
One of the responsibilities she had was to photograph the evidence at the Anthony family’s home after a search warrant was issued. The photographs were submitted into evidence under the direct examination of Lead Prosecutor Linda Drane Burdick, but the contents of the images were not published to the jury yet.
There was no cross examination by the defense team and Burroughs became the first and last witness of the day in the state’s rebuttal.
Three drawings illustrated by Dominic Casey, a private investigator who assisted the Anthonys in their granddaughter’s search, were submitted into evidence. These maps were testified to by Casey earlier, in the defense’s case and exhibit the general area where the toddler’s remains were recovered.
Prosecutors also submitted into evidence documents testified to by another defense witness, Joe Jordan. These items were not revealed to the jury but may be published later on in the rebuttal phase.
The most provocative of the items introduced into evidence was the several-page suicide letter written by the victim’s grandfather, George Anthony, who was not in the courtroom, nor was his wife – who the text was directed to – during the presentation of the note.
The contents of the letter included the love he felt for his wife. “I love you, Cynthia Marie. I really do,” he said on page three of the document. Also directed to his wife: “I hope you get to see Casey soon.”
In addition, he explained to her why he wanted to take his life. “I want to hold her hand again, I miss her, I will always love us, I am sorry Cynthia Marie … ”
He concluded the letter with the statement, “Caylee here I come,” and even addressed his son saying, “Lee, I’m sorry,” and his daughter, “Casey – .”
The prosecution informed Judge Perry that there will be no more items submitted into evidence. They expect to complete their rebuttal on Friday.
Perry informed jurors that he estimates final statements by the prosecution and defense to begin on Saturday morning, after which he will instruct them in the law and then their deliberations should begin.
Prosecutor Jeff Ashton, outside the presence of the jury, suggested the court allow them to “smell death” — pieces of carpet contained in cans, retrieved from the trunk of Casey’s Pontiac Sunfire, where the state said, she carried around the toddler’s body.
“This jury wants to smell the evidence,” said Ashton, who explained two have already sniffed an exhibit — a piece of garbage, also found in the trunk of Casey’s car.
Perry asked Ashton what the jury would determine by smelling the odor and said it would force jurors to become witnesses.
“Are you trying to make them witnesses?” asked Perry, who ruled “that particular piece of evidence will not go back to the jury,” and denied the “smell tests” Ashton prompted.
Perry also denied permission for Mike Vincent, of the Orange County Sheriff’s Office to testify again, this time in the state’s rebuttal.
Jurors could reach a verdict by Monday, according to Judge Perry. If convicted, Casey could face the death penalty.