Friday, July 1, 2011

Early Recess for Depositions, Subject to Call


Legal matters prior to the jury entry stalled the trial of Casey Marie Anthony on Friday. Judge Belvin Perry Jr. said court will be in recess, subject to call, in order for the attorneys to take depositions from computer experts.

The assistant state attorneys are requesting testimonies from the two men in their rebuttal, but lead Defense attorney for the 25-year-old, Jose Baez, disputed the state's request saying is a surprise to them that the prosecution would try to have their witnesses render new opinions.

Baez said the prosecution should not be allowed to propose new testimonies in their rebuttal phase "after the defense has rested their case with new opinions rendered."

"It can't possibly be a surprise to Mr. Baez," retorted Prosecutor Jeff Ashton.

Judge Perry informed Baez, "Exclusion would be a harsh remedy."

Baez said his concern was, "We can't reopen our case."

Baez told Perry he is unsure how long the defense will take, that it depends on when the state provides them with their report from their expert, which will allow the defense's expert to analyze the results.

Ashton refuted that the prosecution already relayed the opinions to the defense, therefore the "deposition should be fairly brief."

Perry called a recess until further notice, and reminded the counsels that there is a jury that is ready to go back to their home, after being sequestered for over a month. "There are real problems and imaginary problems," said Perry. "I hope this is a real problem and not an imaginary problem," for the concern of the jurors.

Court recessed just a little before 10 a.m. It is unknown when it will be back in session.

(Photography by Red Huber, Orlando Sentinel)

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