The State Rests

    For all intents and purposes, the State of Florida rested its case on Tuesday. There will be no more witnesses. Wednesday morning, prosecutors will do some minor housecleaning before ceding the floor to the defense. Two of the things that need to be swept up pertain to cans holding evidence. What the State plans on doing with those cans wasn't explained, but the last thing the judge said to the jury before he dismissed them was that he would see them all in the morning. Will the cans be "open" for inspection? The idea has certainly crossed our minds, and the odor of decomposition would impact the jury tremendously, but I won't speculate. I think the tattoo testimony was the most fitting way for the prosecution to end their case.
    There is also the matter of judicial notice. Generally, when a judicial notice is called,"the authority of a judge to accept as facts certain matters which are of common knowledge from sources which guarantee accuracy or are a matter of official record, without the need for evidence establishing the fact." (See: Farlex Legal Dictionary) Although I do not know what the issue is, it could be something along the line of both the prosecution and defense agreeing that the date of Caylee Anthony's death was June 16, 2008, in which case, it would be established as fact by the court. It could also mean that some documentary source of information was not received in open court, and the judge will make it part of the record after giving each side a reasonable chance to challenge it before judicial notice is decided. If that's the case, it could be a piece of evidence just discovered, and not part of prior discovery. Whatever it's about, Judge Perry did say, "The law is the law, folks... The facts are the facts... So we shall see."
    After the evidence and judicial notice are taken care of, the defense will file a motion saying the State did a lousy job presenting its evidence. Therefore, the case should be tossed out. What? Take heart, this is a customary motion -- one more chance to throw something at the wall before they begin to stick it to the State. Or try. Whatever, we are going to see a completely different type of strategy coming out of the defense. Until the show starts, do you think the prosecution showed the jury enough evidence to convict Casey of first-degree murder? What about Tuesday? Did the heart-shaped sticker close the deal? How about the missing laundry bag? Personally, I feel the State put on a well-choreographed presentation over the past two-plus weeks, but was it a commanding performance? I'm not convinced, and as Jeff Ashton recently said, you never know how a jury will decide.

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Jun 14, 2011 11:42 pm
 Posted by  guardianangel

Dave, your articular is spoken like a true journalist. I almost said lawyer. We are really getting into the legalities of things that are way over my head. When I think I know all the laws in this case, another one comes along. This time it is 'judical notice.' You could very well be right that the time of death was June 16th..*said with tongue in cheek. I can't imagine what else it would be, especially where both sides agree on it. The only other one I can think of is that 'Casey Anthony is a liar.'

Do I think that the prosecution has put on enough evidence to convict Casey of first degree murder? My answer is no. I hate to say that prematurely before the defense puts on their side of things to cast reasonable doubt. I sure hope I am wrong too.

Thanks for the great article, Dave. I am going to miss your writing when this trial is over.

Jun 14, 2011 11:43 pm
 Posted by  guardianangel

*oops article not articular

Jun 15, 2011 05:08 am
 Posted by  Anonymous

Dave,

I’m under the impression that the Judicial Notice was going to provide the translation of “Bella Vita” on Casey’s tattoo.

I agree with you 100%, the prosecution put on a clear, professional and compelling case in chief.

Keep up the good work!

Kat
from Monroe Co.

Jun 15, 2011 06:39 am
 Posted by  Dave Knechel

Hi GuardianAngel - A true journalist! Thank you. I don't know exactly what that notice is about, but we all will find out soon enough. You're right about Casey being a liar. That's one of the strange truths about this case.

You know, I expected the State to present more of a case. I think the jury has enough to convict her, but I don't know about first-degree murder now.

I don't want you to miss my writing after the trial is over. I may take some time off, but I'm going to continue writing. About what? I'm not sure yet.

Jun 15, 2011 06:42 am
 Posted by  Dave Knechel

I don't know what the notice is all about, Kat, so I can only speculate. I imagine the day will be short, so another post should be in order.

The prosecution was quite good, but I expected to see more witnesses. I guess the main points were covered, and anything more may have been redundant. I just can't wait until tomorrow.

Thank you, I plann on keeping up the good work!

Jun 15, 2011 07:32 am
 Posted by  Anonymous

Do you have an opinion regarding the botanist testimony? Was there a problem with it or are they saving it until the defense tries to say Roy Kronk moved the body in Dec?

Jun 15, 2011 07:36 am
 Posted by  Mary Jo

I was having a hard time hearing what was being said at the end of yesterday so thank you for explaining what was said and what it means. It is nice to have you in the court room Dave so you can tell us what was said and done that we can't always catch on TV. I think the prosecution did a very good job presenting their case. I think the jury will find her guilty of first degree murder. I am sure that the defense is going to go after George, Cindy, Lee and Roy Kronk with their guns blazing, but if they go after the Anthony's too much the jury will not like that.

Dave, thanks for another great article!

Jun 15, 2011 07:37 am
 Posted by  Anonymous

Today is trial day # 19.
That makes it three-plus weeks.

Also the State did NOT rest yesterday, as you state, they will today.

Again you need to get the facts straight.

Jun 15, 2011 07:37 am
 Posted by  Anonymous

I have to say that I was disappointed in the prosecution's CIC. I do not think at this time they have produced enough evidence to warrant a death penalty and I am not sure the jury will be able to say "beyond a reasonable doubt" that Casey was entirely responsible for Caylee's death.

Yes, that lying, irresponsible party girl was responsible for her child. Yes, she had the motive so far as it appears. Yes, she failed to demonstrate any sense of grief or moral outrage about her child being missing. Yes, she had the opportunity as an unemployed mother to do the dirty deed. But without fingerprints, without more evidence connecting her to the actual crime, if I was a juror I could not convict her of a crime I am quite sure she committed.

And if she walks on this, even if she is in jail for the other felonies, it will be another crime against poor Caylee.

Jun 15, 2011 08:07 am
 Posted by  Mary Jo

I think that one of the strongest things the prosecution has going for them is that Casey would not have sat in jail for the past 3 years if it was an accident. She would have spilled her guts so that she could get out of jail, plus if she can pin this on someone or something else she would. She had so many times to tell the truth and she chose not to. They also have the videos and phone call from jail that are very damaging.

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About This Blog

'Marinade Dave' Knechel

Dave Knechel has been blogging about the Casey Anthony case since late 2008, drawing readers from all over the world. Best known as “Marinade Dave,” a nickname he got when he made marinades and also blogged about marinade recipes, Knechel is on assignment to blog about the case exclusively for orlandomagazine.com as Anthony goes to trial for first-degree murder. His posts will appear regularly on this site.

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