Defense May Be Subject to Contempt of Court

Dr. William Rodriguez III was the first witness to testify on Saturday in the State v. Casey Anthony trial, but left within minutes when he shared his opinions to the jury that were not disclosed to the prosecution or in his report, but only to the Casey's defense, which Chief Judge Belvin Perry, Jr. said he specifically created the court order to allow the counsels to prepare for examinations.

Without the jury present, Judge Perry rebuked defense attorney, Jose Baez, as well as the assistant state attorneys, naming them "game players," and reassured them, "This is not a game. Both sides engaged in what I call 'game playing' and this is not a game."

Baez argued, "If this is an issue so concerned by the state as to make sure that they know everything that this witness may or may not testify to, they should exercise what they have to, what tools are given to them and take the depositions and do the work."

Judge Perry replied, "What you're basically saying, sir, is that you can pick which court orders you comply with and which court orders you don't comply with, and that's not going to happen here."

Casey shed tears when Perry said the question is whether or not Casey will be punished as a result of the matter, and be subject to contempt of court. "It appeared to me this was quite intentional," said Perry. "This was not some inadvertent slip. This was not some sub-issue f a major issue."

Perry excused Rodriguez, stated that they will conclude the presentation at 1 p.m. for the witness to provide a deposition. Perry also informed the lawyers that because of this the half days on Saturdays may have to be extended to 6 p.m.

Perry also recalled a time when he was a prosecutor and he found himself "on a boat without a paddle" therefore allowing the opportunity to prepare the deposition so the defendant isn't struck with any surprises, and prosecution can put together their cross examinations. He added that it would be unfair to Casey to have this witness' testimony excluded from the case.

The decision to proceed with contempt will be reserved by the judge until the conclusion of the trial. Perry concluded his speech with a warning to Baez: "Lightning does not strike twice in the same place."

Dr. Rodriguez is to reinstate his testimony sometime next week.

(Photo credit: Casey consoles Baez after he was reprimanded by Judge Perry. Photography by Red Huber, Orlando Sentinel)