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 neither of the theories presented by trial watchers, legal analysts and experts was not in 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 the judge, the defense filed a motion for competency to proceed for the defendant, Casey Marie Anthony, the 25-year-old accused of the 2008 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.
No objections by the state or defense to allow stipulation for documents to not be released and remain under seal. Perry explained, as a result of the analysis made by the three doctors, Anthony was competent to proceed, and the court will file a motion as such, along with filing of emergency orders for the appointed experts.
Anthony was seen as competent to proceed by the court, therefore the court continued. After much hesitation, Dr. Kenneth Furton was called by the defense to approach the stand and was accepted to testify as an expert witness in the area of forensic chemistry.
After examination of items collected as evidence in the case, Furton explained to the 17 men and women of the jury that he would not come to the conclusion that the odor in Anthony's vehicle, the Pontiac Sunfire, composed solely from chloroform and a human body that has decomposed 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, from the bag of trash found in the trunk, such as the salami package.
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 claims the material found on the paper towel that was collected from the trunk of the vehicle 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 united into a mixture.
Also in Monday's segment of the trial, two private investigators who volunteered to help the grandparents find the victim, Caylee Marie Anthony, testified and stated they searched the wooded area where the child's remains were later found. George and Cindy Anthony received help by private citizens, James Hoover and Dominic Casey, during Caylee's suspected disappearance.
Casey asserted in his testimony that on Nov. 15 and the following day, in 2008, he searched the woods on 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 girl's body was disposed there. Nearly a month later, Caylee's skull and bones were found on Dec. 11, which the prosecution is arguing Anthony disposed of.
If Anthony is convicted of the murder, the state is seeking the death sentence for her. Although, sources state that the Anthony's defense team have filed a motion for a mistrial, due to the recent ruling by the state of Florida that the death penalty is not constitutional, therefore 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 into 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 they rested on their memorandum, as well as the case law. Lead Defense Attorney Jose Baez said in recent days, he expects the defense to rest their entire case by Thursday.
(Photography by Red Huber, Orlando Sentinel)
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