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Week 4: Emotions High as Defense Takes Wheel in Anthony Trial

Here we go again…..

Perry ordered Rodriguez off the stand, but said Rodriguez would be allowed to testify Monday after the prosecution has a chance to interview him. Excluding his testimony would be “totally unfair to Ms. Anthony,” Perry said.

The forensic experts

Saturday’s testimony also included Dr. Werner Spitz, another forensic anthropologist. Spitz said he believes the tape found on Caylee Anthony’s skull was placed there long after the body had decomposed. He believes the tape could have been an effort to keep the jaw bone attached so the body could be moved.

Spitz also criticized the Orange County medical examiner, Dr. Jan Garavaglia, for not opening Caylee’s skull when he examined the remains. Failing to do so, he said, resulted in a “shoddy autopsy.”

“Based on this examination, the cause of death remains unknown for those who did the first examination and for me to some extent as well,” Spitz said.

Spitz closed out three days of forensic testimony from the defense, which worked to rebut the prosecution’s key evidence. This evidence includes a shovel that Casey Anthony allegedly borrowed from her neighbor, and carpet samples, hair and bugs found in Anthony’s trunk.

DNA expert Seubert testified Thursday no DNA was found on the trunk materials, but during cross-examination added that does not rule out the possible presence of decompositional fluids. She also testified that no blood was found on the trunk materials, but that the lack of blood does not eliminate the possibility of a crime.

Friday’s testimony came solely from entomologist Huntington. In addition to his discussion of stains formed by decomposing bodies — he eventually told jurors that he didn’t believe the stain found in Anthony’s trunk came from human decomposition — he discussed the bugs found in Anthony’s car.

Jurors previously heard from prosecution witnesses who testified that the discovery of one leg of a blow fly — a kind of fly commonly found around decomposing bodies — as well as more numerous examples of a different kind of fly, suggested that a body had been in the trunk for no more than three to five days.

Huntington testified Friday that one blow fly leg was not significant.

“If we assume that there is a body in a car trunk, you would expect to find hundreds, if not thousands of these adult blow flies,” Huntington said.

The acquittal motion

After introducing 59 witnesses and submitting 323 pieces of evidence, the prosecution rested Wednesday. This was immediately followed by a motion for acquittal by the defense, presented dramatically by defense attorney Cheney Mason.

Mason, who typically takes a back seat in court proceedings, presented the motion outside the presence of the jury. Giving what could be a preview of closing arguments, he said there was not enough evidence to support the prosecution’s allegations of murder, and that the possibility of a drowning had not been successfully rebutted.

“In this case, there is not any evidence of anything other than a caring and loving mother-child relationship,” Mason said as he raised his hands in the air. “There is no confession. There is nothing but circumstances that the state is trying to expand into some proof.”

Assistant state attorney Linda Drane-Burdick handled the rebuttal in her standard, matter-of-fact style, re-emphasizing the prosecution’s key arguments and asserting that premeditation had been established.

“When Ms. Anthony decided to place duct tape on the child’s face, not one application, not two but three, … sufficient time had passed for her to understand the nature and quality of that act and that premeditation has been established as a result,” Drane-Burdick said.

After taking 45 minutes to consult case law, Judge Perry denied the motion.

On Monday, Perry told jurors the trial was ahead of schedule. If proceedings remain on track, summations could begin as early as June 25.

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