Defense's Motion for JOA Denied by Court

The Florida state resting their case against Casey Anthony on Wednesday, and the defense fought back by requesting a motion for judgment of acquittal the following day, outside of the jury's presence.

Judge Perry excused the the 17 men and women early on in the day because of the legal matters, that's when attorney on the defense counsel, Cheney Mason argued that the state provided insufficient evidence that did not supply the jury with any proof that suggests premeditated murder, because the circumstances must be proven beyond reasonable doubt.

"There is no evidence when the child died ... Where she died, how she died, who, if anyone, was in attendance when she died," Mason said. "They have failed wholly to rebut the reason or the hypothesis of innocence that there was accidental death and inappropriate efforts by those unidentified as of yet to cover up the accidental death."

He stated there was "stacking of inferences, stacking of speculation," particularly made by the forensic experts who testified.

He referred to several other cases, including Donald Lewis Smith v. the State of Florida and David J. Brooks v. the State of Florida, to support his argument.

Mason went on to explain, "There is nothing but a caring, loving mother-daughter relationship."

Mason also argued that there the heart-shaped emblem had no relation to this crime case specifically and that in FBI forensic examiner Elizabeth Fontaine's testimony, the proper actions were not taken when when the outline of the heart was present on the duct tape. "She observed the image of the heart ... But somehow, poof, they couldn't photograph it," he said.

He explained that the only person the duct tape leads back to is the victim's grandfather, George Anthony, who placed a piece on a gasoline can stored in his shed.

Judge Perry stopped Mason and questioned, "What record evidence is there for an accidental drowning?"

"As of this point, there is no record evidence of the accidental drowning," Mason replied, and adds that the state's case is only based on, "maybes," "could be's," and "might haves."

He concluded that there was no history found of any aggravated child abuse or negligence.

Assistant State Attorney Linda Drane Burdick retaliated when she one-by-one went down the list of cases Mason was referring to, and why they were each inadequate to support the defense's motion, as well as the other points Mason was trying to make.

"It is our position that a reasonable jury in this case can conclude that Caylee Marie Anthony died as a result of the application of three pieces of duct tape to her nose and mouth ... that Caylee Marie Anthony died as a result of poisoning by chloroform ... that Caylee Marie Anthony died as a result of a combination of the two," Drane Burdick said, based on the evidence in the trunk of the car and how the child's remains were discovered.

The prosecutor also suggested the relationship between the defendant and her mother was a motive for the homicide, as well as the computer searches.

"Miss Anthony began the preparation for the elimination of the child as early as March 2008," the prosecutor said, "when she conducted computer searches for how to make chloroform and other means of weapons and how to create injury."

Mason made another attempt to refute stating there was no evidence of poison by chloroform, nor did the duct tape get wrapped around the victim's head, but that the only use of duct tape was utilized by Casey's father when placed on a gasoline can in question. According to Mason, this claim about the duct tape was "bogus," and the state's accusations are "forcing, guessing and speculation."

After hearing the defense's motion for judgment of acquittal and the state's disagreement with the motion, Judge Perry explained that the defendant is eligible to be charged with both aggravated child abuse and felony murder despite the amount of abusive acts that caused the 2-year-old's death.

"In this particular case, there is more than a single act," Perry said. "Those acts consist of duct taping the nose, the mouth; the presence of chloroform in the trunk coupled with the fact that there is evidence that the child was placed in a trash bag and other container. And the statements introduced into evidence that even during this time period, Ms. Anthony, through statements that she made that the child was alive, during various segments of this time."

Perry said that after reviewing and considering all of the statements, the judgment of acquittal was denied due to the fact that the court believes the state of Florida provided substantial and competent evidence in their case against the 25-year-old, and the evidence will be deliberated upon by the jury, who will make the decision on whether or not Casey murdered her daughter.

"There is no evidence that directly links her to the death of the child," said Karin L. Moore. "Just because she's a liar doesn't' mean she murdered the child. However, all inferences must be resolved in favor of the state. The 84 chloroform searches hurt [the defense." Moore is an assistant professor of law at the Florida Agricultural and Medical University in Orlando.

The defense counsel will begin their case against state on Thursday to prevent Casey Anthony from potentially facing a death sentence for the murder of her daughter.

(Photography by Red Huber/Orlando Sentinel/POOL)