|A Personal Collection of Found Materials|
|Caylee Marie Anthony Missing Sunday, June 15, 2008 - Orlando, Florida|
Age: 2, Caylee Anthony was reported missing by her grandmother, Cindy Anthony, on July 15, 2008. At that time Caylee's mother, Casey, said on the July 15, 2008 911 call that her daughter had been missing for "31 days." Date of disappearance is unknown at this point as the mother Casey is not cooperating with authorities
CALL *Orange County Sheriff's Department 1-407-254-7000* or Crimeline at 1-800-423-8477
|.||[Caylee Case Name List]||[www.websleuths.com]||[www.local6.com (Orlando)]||[www.myfoxorlando.com]||www.wesh.com||.|
|CAYLEE ANTHONY CASE TRANSCRIPTS|
Motion to Preserve Forensic Evidence 09/19/08 (For Court To Consider Additional Testing)
|Transcribed by "Scooter" for www.acandyrose.com (from .pdf file)
9/19/08 11:36 4077052625 THE BAEZ LAW FIRM Page 02
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO: 48-2008-CF-0010925-0
JUDGE: STAN STRICKLAND
STATE OF FLORIDA
CASEY MARIE ANTHONY
DEFENDANT'S MOTION TO PRESERVE FORENSIC EVIDENCE AND FOR COURT TO CONSIDER ADDITIONAL TESTING
1. The Defendant, by and through counsel, seeks to halt the handling and analysis of any and all forensic evidence relevant to the above referenced case that is in the possession or control of the Office of the State Attorney, local law enforcement, the Florida Department of Law Enforcement, the Federal Bureau of Investigation and/or any and all agents, contractors, consultants and advisors, acting for or on behalf of the foregoing parties. As the basis for this petition, the defendant through counsel states:
a. Many, if not most, forensics tests as applied to biological evidence are destructive in nature and the application of such testing compromises further efforts to confirm or repeat specific tests by the defense.
b. All forensics tests require that evidence is in some way handled, parceled and/or processed. As such, errors, including but not limited to contamination, mislabeling and switching can be introduced that could go unnoticed and/or not be identifiable, thus precluding and/or confounding efforts to confirm test results.
c. Even technology such as DNA typing, in which typically there is an intention to reserve a significant portion of original test material (for retesting), can involve extensive handling and processing to a point where suitable aliquots (portion of original) can not be reserved.
d. Many alternative processes are often available to test evidence, the choice of which can determine the amount of material that could remain for testing by defense.
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e. The choice of a given method/procedure could involve cost and timing that are not of paramount interest to the defendant, who seeks unbiased and scientifically objective testing.
f. The choice of which laboratory, including but not limited to government forensic laboratories that can provide the most authoritative, unambiguous and/or least biased analysis is not necessarily of primary concert to law enforcement or prosecution interests.
2. The defendant notifies this court that forensic tests, especially those of a molecular biological nature could produce results that are dispositive and at the very least can be of a compelling and persuasive nature.
3. Denying the defense the opportunity to be notified in advance of those forms of testing that cannot be confirmed places an unreasonable burden on the defendant.
4. The defendant seeks immediate relief in the sense that without placing any undue burden on law enforcement and/or the prosecution, notice can be made of proposed forensic testing prior to its implementation and that the considerations of this Court offer a fair impartial remedy for determining:
a. Which evidence can be tested.
b. Whether such testing is the most appropriate.
c. How primary evidence will be handled prior to the point of testing.
d. If testing will be conducted, which method will be used.
e. Which provider would conduct the testing and what intrinsic bias may exist in such examination(s).
f. Error rates for each type of test.
g. If testing is to be conducted, when and where it will be conducted.
h. If testing is to be carried out, whether or not he defendant through counsel and their designated parties should at the very least observe such testing.
5. The defendant states that in the absence of the forgoing remedy, forensics that cannot be confirmed or challenged could potentially irrevocably prejudice the case against the defendant, thereby denying the defendant's right to a fair and impartial trial.
6. The defendant seeks at this point not only the termination of any and all testing that is planned or scheduled but also that which is in the progress, for which suspending it will not in any way compromise possible future findings. Specifically, for the aforementioned, such testing should be suspended and primary samples, aliquots of
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these samples or products of processing of those exhibits should be stored or archived under standard accepted conditions of laboratory practice, until such time that this Court can hear and weigh arguments regarding defense observation of testing, merits of alternative procedures and reserving of potentially uncompromised primary evidence for the purpose of independent retesting.
WHEREFORE, the Defendant, CASEY MARIE ANTHONY, prays that this Honorable Court, enter an Order of approving the above mentioned requests of the preservation of evidence.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent to by U.S. Mail and or Fax/hand delivered to the Clerk of the Court at 425 North Orange Avenue, Orlando, Florida, 32801; to Office of the State Attorney at 415 North Orange Avenue, Orlando, Florida 32801, on this the 2nd 9th(handwritten) day of the September, 2008
JOSE A. BAEZ, ESQUIRE
Fl. Bar No:0013232
GABRIEL E. ADAM, ESQUIRE
Fl. Bar No: 0027371
THE BAEZ LAW FIRM
522 Simpson Road
Kissimmee, Florida 34744
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