I wanted to take a second look at the statements submitted by the defense that they want excluded as hearsay. I’m going to put my personal thoughts about these out here just to open discussion on the matter and with hopes that our legal friends will drop by and respond with more knowledge than I have on the possibility of these statements being excluded. I’ll be using abbreviations for names, so just refer to the defense’s submitted list if you get confused as to who is being referenced. I want to be clear, that these are just my personal opinions on these. I don’t claim to know the answer. But I think doing it this way could lead to some really good discussion if our lawyer-friends get involved.
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GA to SB – We’ll probably get divorced over this. – I don’t think this matters one way or the other. Will probably get excluded.
GA to SB – The daughter is telling us crap a bunch of lies. She won’t let us see our granddaughter. He was still talking about his daughter telling lies. We thought the car was in Jacksonville. – The possiblity all of these will be admitted for a couple of reasons. GA and CA both are going to have their credibility brought into question during the trial. At this point it’s kind of hard tell if that won’t happen by both defense and prosecution – depending on how they swing during testimony. SB’s recollection of GA’s statements to him could be used to support GA and CA’s account of what they claim KC was telling them. In other words, their words don’t necessarily hold enough veracity to be taken alone. SB stands as an outside person who can support that on July 15th they were saying these very things. Another things is if GA or CA CHANGE their stories, SB can be brought in to state – that’s not the story they were claiming on July 15th. So while the defense is trying to say this is hearsay because GA is stating what KC was telling him, it becomes supporting information as to the story GA himself was telling on July 15th, and can be used to either support GA’s statements in court, or show that he has changed his story – depending on what GA testifies to.
TB to people – I remember people telling me there was an issue between Ricardo and Casey because she brought Tony – of no value, excluded.
RM to TB – Now you believe on June 9th-10th is the last time Ricardo saw [Caylee] – they are asking TB this. hearsay. excluded and they can ask RM himself.
ME to TB – Parts of 5 hour conversation between Melissa and Casey – they are asking TB this. hearsay. Melissa ENGLAND (which the defense seems to have not figured out her last name yet) can be asked about this.
GA to BB – Someone broke into the Anthony’s shed and stole some gas – BB will be able to make this statement to verify the events that occurred during that time.
SB to NL – When he opened the door flies came out and there was a bag of trash which he threw away in the dumpster. – hearsay. This is NL telling what SB told her. SB can testify on this himself.
MK to people – According to everybody that was the last time she was seen by any of her boyfriend’s friends (referring to Caylee) – hearsay.
TL to CC – Her dad was cheating on her mom. – hearsay. IF this statement by KC to TL is admitted at all (in order to show the lies being told during that critical period), then TL can testify to it himself.
RM to JG – Ricardo telling Jesse about lies he had caught Casey in. – hearsay. If this subject is brought up (which all of this may be excluded), RM can testify himself.
AD to JG – Annie telling Jesse about Casey doing things (like getting the Bella – NOT BUENA – Vita tattoo) – hearsay. If AD’s statements are admitted, AD can testify to what she knows.
Parents of JG to JG – Jesse says he knows what his parents gut feeling is – excluded. Not even relevant.
CA to JG – Cindy tells Jesse about Casey (“Do you want to be with someone with no high school education…I have to support Caylee”) – this is an interesting one. It wasn’t stated during the time critical to Caylee’s disappearance. But it is also interesting that the defense has moved to exclude this. Apparently CA’s derogatory remarks about her daughter will not be presented in any mitigation during the sentencing phase???
LA to JG – Cindy fights with Casey and chokes her. – hearsay. LA and CA will be asked about this.
GA to JG – George says they need to get help for Casey. – hearsay. GA can be asked about this.
LP to JG – Jesse says Padilla says Anthony family knew Caylee was deceased early on. – hearsay (actually double dammit hearsay). I think the whole thing will be excluded.
YM to LT – Melich called someone on the phone, which Leonard Turtora assumed was Zenaida Gonzalez. – I’m not sure it will be excluded if the phone call was made in the presence of LT, but it will be challenged as LT not actually knowing who was on the phone. YM can be asked about the phone call.
YM to LT – Turtora says Melich called Cindy regarding Casey. – Again, if the phone call was made in LT’s presence, it may not be excluded but challenged as LT not really knowing who YM was talking to. YM can be asked about the phone call.
People to RP – I heard some people talk about concrete slabs poured into the backyard at the time. – hearsay. They can ask GA and CA about the slab being poured.
CA to RP – Cindy told me that Casey has been stealing money. – most likely excluded, and doesn’t bring much value to the murder trial.
AH to TL – Amy telling Tony about what happened with the checkbook and what Casey did. – hearsay. They can ask AH about the checkbook.
CA and TL – Cindy telling Tony that Casey is going to take all his money and leave him “high and dry”. – probably excluded, and doesn’t bring much value to the murder trial.
CA to BS – Cindy tells Britney about finding the car. – Again, CA’s credibility is going to be brought into question and certain statements made to BS about finding the car may need to be brought out.
CA to BS – Cindy tells Britney Casey steals. – probably excluded, and not much value to the murder trial.
LA to BS – Lee tells Britney Casey gave him a false number. – this is the same as SB’s statements about what GA said, or BS’s statements about what CA said about the car. LA’s credibility will be brought into question, his story could possibly change, and BS’s statement may be important.
JD to DCo – I was talking to Jonathan last night and he said that she pulled out of the group for a month and half – hearsay, they can ask JD about this.
People to DCo – as much lying as she’s doing whos to say if any of its true – excluded, prejudicial, speculative, opinion, etc.
People to DCo – a fraudulent check she was writing – excluded. He doesn’t have first hand information about this matter.
YM to JWh – He says that he asked Corporal Melich if the area had already been searched and Corporal Melich said yes it had. – LOL – I’m betting Yuri can be asked about this.
JG to RM – Statements between Jesse and Ricardo. – LOL – makes no sense. This really depends on the content of the statements.
CA to AH – Statements from Cindy saying that Casey is a liar (no nanny) – EXPECT THIS TO BE IN THE TRIAL.
CA to AH – Statements from Cindy saying Casey bled her dry, ruined her credit. – Again, this can go toward impeachment of CA’s credibility, etc.
CA to AH – Cindy says Casey admitted to stealing checks. – probably excluded.
People to AD – Lying, stealing, she’s obviously not the person I thought she was, turns out I don’t know her at…” – okay, this one is confusing. If AD is making her own statement about lying and stealing and realizing Casey was not who she thought she was, then this could be admitted. If it is OTHER PEOPLE making these statements to AD, then it will be excluded.
CA to SP – Cindy always said that Casey had an excuse for Cindy not being able to talk to Caylee – admitted. - Crucial evidence in what Casey was telling people during the critical time.
CA to SP – She (Cindy) ended up staying home because she said Casey told her she was coming the next day. – might be admitted if Cindy changes her story.
RK to KCrutcher – He says Roy Kronk told him “she told me she was close, she was really close” but did not tell him who SHE was. – if the defense goes down the “Roy Kronk did it path”, this could be admitted.
JG to AR – He told me that she tried to tell him he was the father because I guess she got with him you know when she was pregnant or right after…” – excluded, hearsay, and irrelevant.
JG to AR – “But I guess she tried to tell him that he was the father of the baby or at least that’s what he said but he was just as out of it as she is” – excluded, hearsay, and irrelevant.
Someone else to DB – All statements. – many of them excluded not just because they are hearsay, but because they aren’t relevant…BUT the following: “Cindy complained to her about Casey not watching Caylee.” and “Cindy told her about having to get the car and how it was a mess.” and “Cindy told her she thought someone had been swimming in the pool.” and “Cindy told her someone was in the yard again.” – Could be admitted. I am amazed that the defense has two statements listed with Debbie Bennett in which Cindy is referencing Zanni, and they want those excluded. One of those statements is “Cindy mentioned Zaney (sic) a lot.” I guess they are ditching the existence of Zanny and Casey’s story of a kidnapping Zanny, and going with Kronk at this point.
Just about all the statements attached to Richard Cain – I don’t see how they can get these excluded.
LG to MCa – Lauren Gibbs called Sports Authority and they told Lauren that they never heard of Casey. – excluded. Lauren can testify about this.
CA to MCa – Cindy felt like Casey wasn’t being motherly. – most likely excluded as it deals with Cindy just voicing her feelings.
CA to MCa – Cindy and Casey fought about Casey going out. – this might be admitted.
Unidentified people to MCa – She heard about Casey liking multiple guys. – excluded.
AH to MCa – Casey stole from AH. – excluded.
CA to CCr – Cindy said Casey worked at Universal. – may be admitted, depends on timeframe of statements.
DB to CCr – Argument on Father’s day at Anthony home. – excluded.
People to CCr – He head about Cindy getting the car. – excluded.
CA to CCr – Cindy told him Casey wasn’t really talking to her or that she would make excuses and say Caylee was sleeping when Cindy would call. – admitted. Again, in case Cindy changes her story.
CA to CCr – Cindy told him Casey said Caylee was in Tampa and with Zenaida. – admitted if needed – if Cindy changes her story.
CA to CCr – Cindy said Casey was with Jeff. – admitted if needed.
CA to CCr – Cindy said Casey told her about Jeff. – not sure, depends on exact statement.
CA to CCr – Cindy discussed all the times she was supposed to meet Jeff and didn’t (and the excuses given). – may be admitted since Jeff is one of the people Casey claimed knew about the kidnapping, knew Zanny, etc.
CA to CCr – Cindy discussed the letter that said the car had been found. – I don’t see the importance.
CA to CCr – Cindy said it smelled like a dead body in the car. – admitted, because I think Cindy is going to do the whole “I didn’t mean what I said in the 911 call” maneuver.
CA to CCr – Cindy said car seat was still in the car; clothes and toys too – admitted if needed.
CA to CCr – Cindy said Caylee’s favorite doll was still in the car. – admitted if needed.
CA to CCr – Cindy said she didn’t know Casey was pregnant. Cindy said Jesse was the father first. Cindy told him that Casey and George were always at each other. – probably excluded, not much relevance.
RK to EC – All statements. – I don’t see anyway they can get this excluded – especially if they try the “pin it on Kronk” defense.
People to ID – He heard Casey smoked p ot and popped pills. – excluded.
AD to ID – Not true that Casey did Xanax. – excluded, AD can testify to this.
MP to ID – Caylee is missing. – admitted, but then what does it matter?
LA to ID – spread the word that Caylee is missing – same as above.
BSn to ID – Casey told Brandon…blah blah blah – excluded and irrelevant.
AD to SD – All statements – excluded.
People to SD – All statements – excluded.
LA to SD – Lee told him it was probably cops calling… – excluded and who cares???
LA to RG – Lee said Brandon Snow… – excluded and irrelevant.
BSn’s parents to RG – Brandon Snow’s parents said Casey and Brandon only dated for two weeks. – excluded and irrelevant.
LP to RG – Both statements. – excluded.
JG to RG – Richard relays a conversation with Jesse regarding why Casey asked him for a gas can. – excluded, they can ask Jesse.
Let’s cut to the chase – all of RG’s statements listed – excluded.
RK to CGibson – Roy and David had discussed… – excluded. If the defense pushes the need for these conversations to be revealed RK and David can testify.
Statements made to DC – most of them will probably be excluded with the exception of: JH and DC “discusses the convo between him and Hoover about coming back to the…” – if this pertains to the wood search and the defense plays the “body wasn’t there card”, any and all discussions between JH and DC will be admitted. Along with statements made to DC by Ginny Lucas, and vice versa…basically anything involved with DC’s searches in that area would come into play.
Police Department Officials to Tammy Uncer – She talks SOLELY about the incident of bringing Casey to watch TV… – I think it will be excluded.
JG to AR – Jesse said that Casey told him that he (Jesse) was the father… – excluded.
KD to AR – Both statements – excluded.
All statements listed as various people making statements to NLe – excluded.
CA to MM – Cindy threatening to take custody of Caylee. – admitted.
CA to MM – Cindy was way pissed, furious pissed. – not sure of the context, may be excluded.
LA to MM – I heard she took her out of TGI Fridays. – excluded.
RK to ARoberts – All statements from RK talking about Caylee’s remains. – may be admitted depending on nature of statements and whether defense tries to blame Kronk for something.
Valhall.
Related posts:
- The Two-edged Sword of Hearsay
- Caylee Anthony case: A review of Judge Perry’s rulings
- Review: Madhavi Martin’s Work
- Review: Arpad Vass’s Work
- Review: Michael Sigman’s Work
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