There was a tremendous amount of speculation on why court recessed just 45 minutes after its commencement on Saturday morning in the State v. Casey Anthony trial, and it seems as though none of the theories presented by trial watchers, legal analysts and experts was the least bit in accordance with what really happened.
Upon arrival at Monday morning, ‘s day in court, once again, as seen on the previous court date, attorneys were in and out of the judge’s chambers, then returned awaiting the arrival of Chief Judge Belvin Perry Jr. Finally, when Perry sat in his seat and court was in order, outside of the jury’s presence, he cleared the air for all of the speculators and all that they have contemplated.
According to Perry, the defense had filed a motion for competency to proceed for the defendant, Casey Marie Anthony, the 25-year-old accused of first-degree murder of her daughter by the pernicious intoxication of the chemical, chloroform, and then allegedly sticking three pieces of duct tape to the 2-year-old’s diminutive head, an explanation established by the state of Florida for why the child died.
Anthony was examined by three appointed psychologists, Dr. Daniel Tressler, who examined her Saturday afternoon; Dr. Harry McClarren from Quincy, Fla., who analyzed her on Saturday evening, and Dr. Ryan Hall, who did on Sunday.
Perry explained, as a result of the analysis made by the three doctors, Anthony was competent to proceed, although the results of her examination would remain sealed.
After much hesitation, Dr. Kenneth Furton was called to the stand by the defense and was accepted as an expert witness in the area of forensic chemistry.
Upon examination of items collected as evidence in the case, Furton explained to the jury that he could not conclude that the odor in Casey Anthony’s vehicle, the Pontiac Sunfire, came solely from chloroform and a decomposing human body in the trunk.
“It’s possible to be explained by a dead human body in the trunk of the car, plus additional chemicals from other materials,” Furton said. Additional items, he explained, such as the salami package found in a bag of trash in the trunk of the vehicle.
He added: “It’s most likely a combination of things. It could be the consumer products reported … as well as the decomposition, that is not necessarily a human event.”
He claimed the material found on the paper towels collected from the car trunk contained fatty acids, which could be found in any item like milk and cheese. He also stated that the combination he referred to could have been that of household products and the gasoline present in the trunk which combined into a mixture.
Also on Monday, two private investigators who volunteered to help Casey’s grandparents find the victim, Caylee Marie Anthony, testified they searched the wooded area where the child’s remains were later found. George and Cindy Anthony received help from private citizens, James Hoover and Dominic Casey, during Caylee’s suspected disappearance.
Casey asserted in his testimony that on Nov. 15 and 16, 2008, he searched the woods off Suburban Drive because a psychic instructed him to search that area for Caylee’s remains. Although he said he did not do a thorough search the three times he visited the crime scene, he did not find any evidence that the toddler’s body was disposed there. Nearly a month later, Caylee’s skull and bones were found on Dec. 11, which the prosecution is arguing Casey dumped in the woods.
If Anthony is convicted of the murder, the state is seeking the death penalty.
Sources state that Casey’s defense attorneys have filed a motion for mistrial, given the recent ruling by the State of Florida that the death penalty is not constitutional and have also requested a non-death penalty qualified jury. Ann Finnell, a renowned counsel on the defense has been absent throughout the trial but appeared on this day, and was said to have been the one to file the order.
A former criminal defense attorney of 22 years, Karin Moore, does not believe Perry will consider this new statute in the case against Casey Anthony.
“It is not binding on this court in this case, but needed to be raised to preserve any future claim that Anthony may have if she receives the death penalty,” said Moore, who is now an assistant law professor at the Florida Agricultural and Mechanical University.
At the conclusion of Monday’s court proceeding, the defense stated the motion rests on their memorandum, as well as case law.
Lead Defense Attorney Jose Baez said, he expects the defense to rest their case on Thursday. Casey’s defense attorneys have claimed that Caylee accidentally drowned in the family swimming pool around June 15, 2008, and her grandfather, George Anthony covered up the crime.
