tv Americas Newsroom FOX News July 4, 2011 9:00am-11:00am EDT
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let's talk about now another subject that as far as the air examination which is >> the defense's primarily attack on dr. voss is he developed a device which is -- is designed for use by law enforcement in the military. and that if by some miracle that device were to be purchased by someone in the private sector -- why they would want to we can only guess -- that dr. voss would split with the other inventors 15% of whatever
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minimal royalty oakridge national laboratory might get. that's the impeachment. that's the criticism. you saw dr. voss testify in this case and you have to judge his credibility. i submit to you dr. voss is an unapologetic geek. he loves what he does. when have you ever seen a scientist on the stand in a criminal kay say, "and this is the cool part." dr. voss is an unapologetic science geek. he loves the challenge of solving scientific questions. whether it be how do you detect a body about it odor of decomposition, or maybe devining does work. counsel sneered at him because he had the scientific curiosity
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to wonder if something as bizarre as that would have a scientific basis. maybe he's right, maybe he's wrong. but to say that you should disbelieve him because he has that scientific curiosity i would submit is inappropriate. judge him by what he said. judge him by who he is and what his experience is, and judge him fairly. but getting back to that point. when you actually boil down what dr. voss said and mr. burton said they don't disagree that much. the science of decomposition odor has not developed to the level where there is a signature set of compound that show human decom. they both agree the chemical signature from this car is
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consistent with a decompositional event. dr. burton said yes, i belief those chemicals have from a decompositional event. he believes it's human. that's what dr. voss said. they don't disagree that much on much of anything other than the final conclusion. dr. voss told you when you combine the science with his experience and what he smelled in that can, the odor he smelled for 30 years, i asked, do you have an opinion based upon all of that whether that odor was from human decomposition, and his answer was i can find no plausible other he can explanation. i would submit that dr. burton's other explanation is not plausible.
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cowan in direct wanted to just have dr. voss talk about the garbage from a photograph. without talking about what was actually there. but i wanted dr. furks rton to i wanted dr. furton to look at the garbage. in his closing remarks counsel made alaim that i would submit to you is completely unsupported by the evidence. he told you that these officers removed something from the garbage. that is absolutely unsupportable in the evidence in this case. there is no evidence of that. the evidence is completely to the contrary. the officers testified they removed nothing from that garbage bag, that there was no food there then, there is no food there now, and all the imagination in the world is not going to create it.
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the only thing in that bag of an organic nature similar to food was the small bit of remnant of cheese that i passed around for to you look at. and dr. furton admitted that that cheese and that bag could never create an odor that would still be detectable by tim huntington the defense expert two years later. the myth of the garbage has been disproven. that smell was not from garbage. it was from caylee. the defense presented -- let's talk about dna for a minute. the defense presented dna non-evidence. the defense called -- na expert from the fbi to testify that she
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tested for dna on various items and there was none. she told you that she didn't expect to find them. dna decomposes just like every part of the body does. she had no expectation of finding -- na on the tape that had been out there on the body for six months. the defense called a doctor who testified. he provided us with a report two days before he testified. the judge instuctd you on that. that you can determine his credibility. all he said was i think i might have been able to find something. that waltz essence of his testimony. i think i might have been able to find something, but i might not.
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that's it. that's essentially what he said. but even he admitted that the two thing that were absolutely the most destructive, the dna, are moisture, and heat. and that it was highly unlikely that any -- na could be found on the duct tape. i mean, think about it. if there is no dna on the base to which the dna was attached, now could there be dna on the duct tape. that was non-evidence. it didn't mean anything. the defense called 10 other witnesses to basically talk about non-evidence that the witnesses themselves admitted was meaningless. it doesn't meaning anything. the fact that is there not dirt on a shoe doesn't mean the shoe wasnn't in a place. the last area of forensic
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evidence was the ai -- was the r examination. the hair examination you heard from karen lowe and steven shaw. we went through that power point with you about his research. those witnesses are not going to come up here and tell you more than the science will absolutely support. what they told you was, there is and i artifact that has only been seen in hairs taken from decomposing bodies. that despite all of their efforts to recreate it from living human beings they have been unable to do so. since they don't know exactly what causes it, they are not going to tell you that it couldn't happen any other way. but just no other waive they can think of. and that testimony, ladies and gentlemen has not been refuted
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in this case. to say that there is no testified to connect casey anthony to caylee's death ignores all of this evidence. i want to go to the next issue -- i want to discuss with you is the issue of reasonable doubt. it is up to you to decide whether a doubt which has been proposed by counsel are reasonable doubts, or whether they are speculative, imaginary, fanful and absurd doubts. i want to go through some of the reasonable doubts proposed by counsel, and subject them to a little bit of examination. the first area i want to discuss with you is the duct tape.
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counsel went to great lengths to connect as we already had, the duct tape in this case to the anthony home. on that we agree. that duct tape on caylee anthony's face came from the anthony home. but here's -- so the argument then goes, well, george anthony having somehow discovered this drowning which we'll talk to a few minute ago -- there is no evidence it actually happened -- or some reason decides to dispose of the evidence of this completely innocent accident, and for some reason that no one can even propose, decide to put duct tape on caylee's face.
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now, getting past the fact that there is just no conceivable reason why anybody would put duct tape on the face of a dead child. people don't make accidents lock like murder. that absurd. nothing has been presented to you to make that any less absurd. >> objection, motion to strike. >> motion to strike granted. >> you heard nothing in the evidence in this case to make that prop significant any less absurd. now,. >> objection. >> overruled. >> let us propose we ignore all of that absurdity and say that
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george anthony has. >> paragraph 6 of your honor's order ... >> overruled at this point. >> let's suppose george anthony has in fact placed caylee's remains in the wooded area on june 16 of 2008 and laced duct tape over her mouth. the defense then asserts that on the 24th for some reason he deliberately notifies law enforcement about this gas can with the duct tape on it. implying that in some way he is attempting to implicate his
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daughter in something. for reasons which are completely inexplicable and not mentioned anywhere in the evidence. but he creates this issue about this duct tape by reporting that it's stolen. he gets the can back, no photographs are taken of it by law enforcement back in june when it happened, it's just reported. there is no way of knowing from that report whether duct tape was on it or not. but the defense wants you to believe that was part of the plan. that was part of his insidious plan to somehow implicate hi daughter in something for some reason -- implicate his daughter in something for some reason. they then tell you when caylee does turn up missing and the police are searching, that
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george doesn't tell them about the gas can incident. if george is concocting a nefarious plan to implicate his daughter in this accident, then why doesn't he tell the police that first day? and cowan made great, great point of the fact that he didn't. if counsel is direct, then he would have. you know, he would have done it. why he wouldive the police a piece of evidence implicating himself as much as anybody else, sort of begs the issue. but any way, so we go on. the police take the item which at the time they have no idea has anything to do with anything. photograph it, then give it back to him. so at this point george anthony
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takes the can back and sticks it in the garage for four months. and doesn't do anything with it. doesn't try to connect it to the police, doesn't -- he just lets it sit there. and then in december, when the body is found, the police find the can with the duct tape in the garage. george doesn't point it out to them. they find it. remember george isn't even there. they find and take it into evidence. so what does this nefarious criminal then do? he takes the very came roll of duct tape and he -- which connects him to this death, and he uses it to display posters. does any of this make sense?
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none of this makes sense. to assert that george anthony's use of the tape on the posters for his missing granddaughter is patently absurd. it doesn't make any sense. >> paragraph six, motion to strike. >> overruled. >> the reason it doesn't make sense is because it's not, i submit, based on the evidence true. george anthony had absolutely no idea that roll of duct tape had anything to do with the death of his granddaughter. he had no idea. because heasn't involved just as he told you. counsel showed you the big poster with the pictures of caylee walking into the pool. and said that this hypothesis
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has not been rebutted. i respectfully disagree. because, ladies and gentlemen, the two people counsel asserts were present when that happened were george anthony and casey anthony. george anthony testified on that witness stand the first day of this trial, it didn't happen. and as this verdict will point out to you, miss anthony also was given the opportunity to adopt that and rejected it twice. that has been refuted by the evidence in this case. counsel also asserted to you that this crime scene was quote-unquote staged. here is the interesting part. he tells you on the one hand
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that george anthony's connection to the tape -- he stead follow the tape. but then on the other hand he tells you that roy crock is connected to the tape. dr. spitz told you somebody came along later and took the skull and taped it. in opening statement defense counsel told you that person was roy kronk. they both got this rare kind of du tape. roy kronk who has no connection to the anthony family other than reading their meter once. he had never been in their garage and has no idea what kind of duct tape they have. so which is it? who put the duct tape there? counsel has argued to you that the crime scene was staged. could i have state's exhibit 82 published for the jury, please.
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this is a photograph of the scene out there on suburban drive as it was found on december 11 of 2008 before anything was disturbed. this is in fits pristine form. -- this is in its pristine form. the only thing that is staged in this scene is mother nature herself. this scene is covered in leaf litter. there is a 2 to 3-inch pile of leaf litter. there are vines literally growing over everything in this scene. there are vines you will see in photographs growing through everything in this scene. this scene cities staged by
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mother nature and no one else. this skull has not been moved for 6 months. rdon me, maybe less because the animals may have moved before it decomposed. defense counsel told you in opening statement that roy kronk took the remains home. and kept them. we presented the testimony of dr. john shultz, who was in charge of the collection of the remains. and we went to great lengths with him to show you where the remains were found and in what groupings. the reason that was important was because the grouping of the various bones demonstrate how the body was disarticulated during decomposition. he talked about there were certain areas where the ribs were found because the trunk
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would have been removed as a connected group of organs as it decomposed. the vertebrae were found separately because that was decomposed separately. the bones showed evidence of -- >> objection. >> overruled at this point. >> the bones showed evidence of animal activity, that they had been chewed on. we didn't tell you that just to offend you or to make you mad. we told you that because it is essential for to you understand that these bones were not scattered by roy kronk. they were scattered by animals, and by acts of nature. can i have 207 in evidence, please.
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a little bit closer of where the skull is. this skull has not been moved for months. it's surrounded by the hair which has fallen directly from the top of the head. you can see it all around pretty much evenly distributed around the skull. this is where the skull has sat since the hair and at scalp decomposed and fell off. it hasn't moved since. at least not much. but i have -- the duct tape is partially covered by leaf litter
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along the side. remember when you receive the next photograph you will see the duct tape aually go around the jaw. this has been here so long the leaf litter has actually covered parts of the duct tape. >> objection, your honor. >> joaferld. >> can i have 218. in this photograph you can clearly see the duct tape wraps around. it didn't just get washed there by water. it's there because that's where casey anthony put it. it's there -- the jaw is in place because the tape is there. can i have 220 you can see where
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the tape has been lifted from the skull. there are strings from the tape that actually go under the mandib lerks. it's not a coincidence. that's not an accident. that's not water. that's because the tape was placed over her mouth and her nose before she decomposed. the scene was not staged. it appears as it does because of the forces of nature. forces of water, forces of
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animal, and the forces of decomposition. and any suggestion to the contrary i would submit to you is conclusive live refuted by the evidence in these photographs. all these photographs you will have in the jury room with you. they are in a notebook, they are separated by subject matter so you can go right to them. take as much time as you like to look at them. when you have done that you will see that this crime scene was not staged. it was not moved. that duct tape has been on caylee's face since the day that she died. just as the state's experts told you. the state did not call roy clark in this case. because roy kronk's testimony
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about what he did on december 11, 2008, is embellished. roy likes to spin a good yarn. but what roy said he did on sa n december 11 is impossible. we don't put him on the stand to tell you evidence in the case that isn't true. i also submit to you that roy claimed he just happened upon that scene for a second time is equally uncredible. that doesn't mean he staged the scene. what it means is that roy likes to spin a good yarn. i submit to you based on ought evidence what occurred in this case is roy found the skull as we know he did back in august. he tried to report it three times. and he got blown off. and said, to heck with it. i'm over this.
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maybe it really wasn't. but then he starts community quaight his son. he starts telling his son, i know where the skull is and his son is impressed. he he's trying to get this relationship back with his son. wouldn't it be great to impress my son. so he goes back to the scene. and it's still there. and roy becomes a hero. and roy tells a very, very dramatic story about lifting up the bag and the skull rolling out and it's dramatic and wonderful and fun, but it isn't true. roy found the skull all right. absolutely. but not the way he said. it's just impossible. but that doesn't make roy kronk a morally bankrupt individual who would take a little girl's
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skull home. the judge is going to give some legal instructions. the judge is going to instruct you on the main charge here which is murder in the first degree. there are two ways to commit murder in the first degree. one is called premeditated murder and the other is called felony murder. we get up here and argue to you what scenario we believe the evidence supports. in this case we told you that we believe the evidence in this case supports the scenario that caseanthony chloroformed caylee so she would not suffer. placed duct tape over her nose and mouth to end her life and disposed of her body. but you can come up with whatever he their joy want.
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it's up -- whatever scenario you want. it's up to you to put the facts together in your own mind to couple with what happened. there are two ways to convict in the first degree. the important thing toition note following during your deliberations. in order to find the defendant guilty of murder in the first degree, the state must convince you beyond a reasonable doubt the defendant's guilt of either premeditated murder or felony murder. >> your honor, i to this statement of the law. >> overruled. >> either premeditated murder or felony murder. while you must all agree the state has proven first degree murder beyond a reasonable doubt, you need not be unanimous whether that is based on pre-med kateed murder or felony murder.
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as i each individually assess these facts, you don't have to necessarily have to agree on whether it's premeditation or felony murder. you can think it's both. some can think it's one, some can think it's another. the important thing is that you all agree it's first degree murder in some form. premeditated first degree murder elements are caylee is dead, the death was caused by the criminal act of casey anthony and it was a premeditated killing of caylee marie anthony. killing is defined, the killing after consciously deciding to do so, and there is another more full description the judge will give you. our position that the facts in this case show yonld beyond a reasonable doubt that this was a premeditated murder of a young
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child. but we know that you can reconstruct these events in any way you want. so you also need to know what fell any murder is. felony murder has three elements. the first is the same. that caylee is dead. the second is the death occurred as a consequence of and while casey marie anthony was engaged in the commission of aggravated child abuse. or she died while casey was attempting to commit aggravated child abuse. and that casey is the person who killed caylee. aggravated child abuse is defined by two elements. the first is that the defendant knowingly or willfully committed an acts of child abuse upon caylee and in so doing caused great bodily harm, disability or
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disfigurement and caylee was under 18 which there is no question that she was. child abuse is defined as the intentional infliction of mental, physical or mental injury upon a chimed or intentional act that could reasonably be expected to result in physical or mental injury to a child or act of encouragement of another person to do that. the reason that we talked about this is you can postulate a number of -- >> under brooks. >> overruled. >> a number of different hypotheses in this case. some may say maybe casey put the duct tape on caylee to keep her quiet. maybe she was being loud. maybe she put it on to keep her quiet and put it on too tight and caylee died by accident.
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i would submit not fully consistent with what we have here. but someone could say that. the reason i bring this out is if that is what you think happened, that is felony murder. as the court will define it for you. that's felony murder. because it is the intentional act that could reasonably be expected to result in physical or mental injury to the child. so if that is something you are thinking about, i just want you to know that's also first degree murder. >> objection. >> overruled. >> or if you choose to believe that she used the chloroform to sedate caylee so she could spend time with her boyfriend as bizarre as that seems. let's say she used the chloroform in the trunk of the
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car to sedate caylee so she could go have a good time and caylee accidentally died. it's still first degree murder. that act is child abuse and she dies as a consequence and result, it's first degree murder. so regardless of how you put these facts together, and again i submit to you that the one that makes the most sense is premeditated. but any way i lights, any way you put it together, casey anthony is guilty of murder in the firsting in this case. -- in the first degree in this case. i want to talk about george.
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you have seen hours of video tapes of conversations between george anthony, sometimes with cindy and casey, and sometimes just with casey. those give you a window into this relationship between them. an unguarded, unvanished window into the relatnship between these three people. is there anything in any of those conversations that shows george earn thony is anything other than a loving fathe and loving grandfather who is out of his mind with worry over caylee? and perplexed as to why his daughter won't tell them
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something. throughout all of these conversations, he is supportive, he is helpful to casey, he's loving to her. she even says to him on more than one occasion, when he expresses some guilt about not having been a better father, she says over and over again, you were the best dad, you were a great dad, you were a great grandfather. there is nothing in any of those tapes that would snug any way that he's setting her up in some bizarre fashion. most of her more frictional relationship is with her mother. most of the arguments to the extent they occur are with her mother, not with her father. george -- remember the thumb. george is the thumb, we are the five fingers and george is the
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thumb. it's almost silly. but george is not this self-interested monster that counsel has suggested. the last time george anthony testified, mr. baez brought up the suicide. you recall he asked mr. anthony, you know, didn't you attempt to commit suicide in mr. anthony said he did. mr. baez asked him, didn't you express some guilt in the suicide letter? that's of course before you actually would have had a chance to see it. now of course mr. baez seems to be telling you it wasn't really a suicide attempt. it was just a couple of beers and some blood pressure medication. that's not what george anthony said. george anthony said he took blood pressure medication and medication he was given for anxiety. he took everything he could
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find. because on january 22, 2009, he wanted to die. he wanted to be with caylee. that's all he wanted. he was tired of the questions. he was tired of not knowing. he just wanted to be with his granddaughter. and you cannot read this letter and not see that this man was in pain. you can even see the effects of the drugs and alcohol as his handwriting deteriorates through this letter. this is not some self-serving deliberately created manifesto of innocence. this is the cry of a man who doesn't understand the world anymore. he doesn't understand what happened to his granddaughter. he doesn't understand why his daughter won't tell him. he just doesn't understand.
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and he's just tired. caylee marie, i miss her. i want my family back. i sit here falling apart because i should have done more. she was so close to home. why was she there? who placed her there? why is she gone? why? for months you and i, especially you always questioned why. i want this to go away for casey. what happened, why could she not come to us, especially, why not lee. who is involved in this stuff for caylee. before that he said, i blame myself for her being gone. you know for months as a matter of fact for a year or so i
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brought up stuff only to be told not to be negative. that is an insincere selfish, self-serving statement, i believe belies the fac facts. i'm going to sit down now. i just want to end by thanking you for all of your sacrifices, all of your time. and to wish you well in the decision that you are about to make. thank you. >> ladies and gentlemen of the jury, we'll take a 15-minute --
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we'll take a 20-minute special recess. to the hour of 10:00. >> it has been an intense, passionate and detailed rebuttal closing argument by jeff ashton, the lead possible cue more the casey anthony murder trial. he attacked everything that the defense had done in it closing yesterday. he attacked the skull, the duct tape, the bugs, the chloroform, the decomposition odor, the hair, the pool, the crime scene, he hit it all. i don't think he missed anything. and it's not over yet. the co-prosecutor will also have an opportunity to address the
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jury. we are going to pause, take a quick break. we'll be right back with more of our live coverage of the casey anthony trial. [ male announcer ] this...is the network -- a network of possibilities. in here, the planned combination of at&t and t-mobile would deliver our next generation mobile broadband experience to 55 million more amecans, many in small towns and rural communities, giving them a new choice. we'll deliver better service, with thousands of new cell sites... f greater access to all the things you want, whenever you want them. it's the at&t network... and what's possible in here is almost impossible to say.
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be sure to stay with us for this special live 4th of july court session in the casey anthony trial. i'm gregg jarrett. >> data florida jury could begin determining whether 25-year-old casey anthony murdered her daughter. this was prosecutor jeff ashton just a short time ago. >> george is not this self-interested monster that counsel has suggested. >> that was the prosecutor referring to casey anthony's father george anthony the defense is trying to implicate in this death of caylee. phil keating has been following this case from the beginning. he follows us from outside the court lewis no orlando. you got to see the jury's reaction to this lengthy
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rebuttal. how were they reacting? >> the jury is focused and paying detailed attention this morning as they were all day yesterday. there was some fatigue apparent yesterday evening. the judge saw that. that's why they broke last night to have the final bit of the closing argument today. typically the judge wants to keep it all in one day, the closing arguments. each side gets four hours. that means roughly an hour and a half remain for the prosecution here to present their closing arguments this morning. again, casey anthony, the defendant within looking down. not looking up at the tv man towards at real crime scene photographs of daughter's skull and bones were found in the woods,etailing the lack of decomposition. while yesterday jose baez called the prosecution's case forensic fantasy.
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jeff sash on in a stinging section of his speech this morning prefewed that just like this. >> on that we agree. that duct tape on caylee anthony's case came from the anthony home. but here is -- so the argument then goes, well, george anthony having somehow discovered this drowning which we'll talk to a few minute ago. there is no evidence it actually happened. or some reason decides to dispose of the evidence of this completely incident accident. an for some reason that no one can even propose, decides to put duct tape on caylee's face. now, getting past the fact that there is just no conceivable
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reason why anybody would put duct tape on the face of a dead child -- i said it before. people don't make accidents look like murder. that's absurd. >> reporter: jeff ashton pleading with the jury to use common sense when they begin deliberations which could be around noon today. gregg: at times it felt like he was arguing our experts are better than theirs, which is actually pretty effective. then he went through the jury instructions that have been prepared. some of them are mandatory, some approved by the judge. is that what's going to happen at the conclusion of the rebuttal closing argument? take us from there. >> reporter: i expect the
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co-prosecutor who did the opening statements in may, i imagine she'll try to hit some emotional points and showing the victim in this -- caylee marie anthony who died three years ago right here in orlando. gregg: thanks very much. phil keating has been covering the case in the courthouse. lawmakers getting ready to head back to the capital to try to reach a deal before the country reaches its debt limit. one senator is calling out the president. we'll tell you what he said and what our political panel has to say about that, coming up. gregg: as folks head to the beach for the 4th of july. one state is trying to charge you more money for lying in the sand. can you believer that? we'll tell you where it is.
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gregg: there is a look at the courtroom door. very shortly we'll see some of the jurors come back in for the final closing argument. and our producer who has been in the courtroom tells us while the jurors have been out of the courtroom, casey anthony has been crying quite a bit. she has been untiling, shaking r head and being consoled by dorothy sims on the defense team. we'll continue to keep abreast of what's happening in orlando. >> republican senator john cornyn calling out president obama for what he says is his
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failure to take the lead on the debt crisis. congress comes back to work tomorrow to try to negotiate a deal to raise the country's borrowing limit. >> what i'm concerned about is the president by not seriously putting the proposal forward but criticizing those who have, we are running up against this deadline and they will try to present it as a fait accompli. >> bob, senator cornyn said yesterday on fox news sunday that president obama is deliberately waiting. what did you think of that quote? >> i thought it was ridiculous. the president through this vice president has been involved in very detailed negotiations which
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are made by everybody who was there's statement made some significant progress on spending cuts. then when they talked about revenue, the majority leader of the house, eric cantor of virginia cuts and runs and like a scalded dog away from that table. it's not the democrats that are the problem. it's the republicans who refuse to talk about any revenue to bring ourselves into some sanity and our fiscal problems. >> let me translate what bob is saying. let's talk about revenue. let's talk about tax increases. cantor did not cut and run. cantor knows people don't want tax increases and there is not enough votes in the house of representative to pass a bill with tax increases on the american public. it's just not going to happen. the president has been so irresponsible on this, he failed to pass a budget, consecutive years in a row. he outsourced this negotiation
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to joe biden and his hypocrisy has been outstanding. >> president clinton weighing in telling the atlantic that he does not think these two sides will reach a deal by august 2. he suggests a mini deal. he says there are some spending cuts that they agree on and president obama can take those and get an extension of the debt ceiling for six or eight months. nor core anyone says that delays the moment of truth, bob, what say you. >> there will be a mini deal. there is not enough time to run a complete bill. >> i agree with bob for once. >> happy 4th to you both. have a great day. >> we are going to get back to the casey anthony murder trial in orlando, florida. we are minutes away from prosecutors continuing their rebuttal closing arguments. we are going to take you back to
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the courtroom as soon as it begins so stand by for that. we'll be right back.>> the bestd the science in this case is to look at it and first look at what the scientists agree on. and then what they don't agree on. basically the way it work is it's up to you to decide with an expert as with any other expert, what part of his testimony you believe or don't believe. in a dispute between experts it's up to you to decide which one you bieve. woman: what does it feel like when a woman is having a heart attack? chest pain, like there's a ton of weight on your chest. severe shortness of breath. unexplained nausea. cold sweats. there's an unusual tiredness and fatigue. there's unfamiliar dizziness or light-headedness. unusual pain in your back, neck, jaw, one or both arms, even your upper stomach, are signs you're having a heart attack.
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don't make excuses. make the call to 9-1-1 immediately. learn more at womenshealth.gov/heartattack. the motorola expert from sprint. its powerful tools help you work faster and smarter so you can get back to playing "angry birds." it lets you access business forms on the go, fire off e-mails with the qwerty keypad, and work securely around the world so you can get back to playing "angry birds." it's the android-powered phone that mixes business with pleasure.
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patti ann: a passional final rebuttal in the murder trial of casey anthony, you are looking live at the courtroom, where co-prosecutor burdick will be taking over closing arguments, i'm patti ann in f martha maccallum. gregg: i'm gregg jarrett, the lead prosecutor reminded the jury what first degree murder means under the law and the accused could still be guilty of murder, under a variety of scenarios. >> some might say, well, maybe, casey but the duct tape on caylee to keep her quiet, maybe she was being loud. maybe she put it onto keep her quiet and, put it o too tight
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and caylee died by accident, not consistent with what we have here, but, you know, someone could think that, the reason i bring this out is, because if that is what you think happened, that is felony murder. gregg: joey jackson is a criminal defense attorney and ann maran ma remca-- ann maria i a former federal prosecutor. you are sweating, if you are at the defense table. >> yes, mr. ashton addressed the scientist and, what about werner spitz and he says you need to examine the skull and that is protocol and they debunk that, saying it's n i's not protocol that is dangerous and, suggested the dris an unapologetic gee
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and, and addressed the science in an effective way and with the charges in terms of what the jury could consider, though the judge will instruct them, they think it had to be premeditated and she had to think it out and if she attempted child abuse, with chloroform or was engaged in child abuse that would be first degree murder and, went to george, saying it is ridiculous anlooked at the tape conversation -- gregg: pretty much... >> he did, gregg. gregg: what struck us here, he may have said our experts are better than theirs and you should believe them and a apologize, ann marie, trial is starting, we'll get your thoughts othe other side. >> there is a brief issue i need to get on the record. >> yes, sir. >> it relates to the issue dealing with the computer searches. you may recall there was an
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issue as to the number of times the chloroform web site was visited, and bradley, mr. bradley testified based on a report introduced by the state of florida, that this was the second report, kol piled a year later using a new software program in which they were having problems with, and, the net analysis that was conducted on august 2008 showed the idencal web site visited only once, and that... there were 84 times, which sit in show up on the... report. it is our understanding that the cashback report contains false
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information. and, we have placed the state on notice that the testimony that was illicited was false and we would ask at this time that the state of florida touriduring th rebuttal argument clarify that testimony and advise the jury of this falsehood. >> response from the state? >>... [inaudible] to the jury, your honor. >> folks, i don't know what you are saying, whether it tries or whether it is false. the only thing i can sa is if there is evidence of false testimony, then you need to file an appropriate motion at the appropriate time and i will take a look at it and see.
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but, i -- if it is proven to be false. but, at this stage there is... i can't chase after arguments. file an appropriate motion and we'll cross that bridge when we get to it. anything else? okay. let's return the jury. gregg: what just happened there? >> the defense is trying to make a motion claiming that some of those alleged chloroform searches were not actually that, that they were searches for, programs, on mypace or something else. but, there isn't anye of that at this point and so the judge said, you have to show me evidence of this, if you want to make a motion, feel free to make a motion, with some evidence to go with it, but, at this point, the judge isn't going to instruct the jury those 84
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searches were not searches for chloroform which so far the evidence itself,at the trial showed. but this is certainly a potential issue or later on and there will be a lot of post-trial issues that will be coming up and, appeal issues and this will certainly, undoubtedly be one of them, mr. baez will now add. gregg: it would have to be a severe mistake that would affect the outme and that would be reversible error as opposed that the outcome, harmless error, i suppose. the jury is back into the courtroom, ann marie and joey, you will continue to watch, let's listen. >> yes, sir, we do. >> rebuttal? >> good morning, ladies and gentlemen. when judge perry took that break, for 15 or 20 minutes, i
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kind of felt like that guy that is called out onto the field to kick a last-minute field goal once his teammate has taken the ball down to the one yard line. and, of course, i'm ready to go, and, the other team calls a time out. so, there are some advantages and disadvantages, i suppose, to beinghe last person to have a say on the subject. the advantage, of course you, is the obvious one that nobody gets to say anything after i sit down, except for the judge, on the law. the disadvantage, of course, is that you have been sitting here, listening to attorneys tell you what they think the evidence shows, for five, six, maybe even seven hours. to this point.
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and i recognize that you all are ready to begin the job that you two months.ere doing for almost on may 9th, we packed our bags and spent two weeks in clear water. you have made a greater sacrifice in packing your bags and spending weeks here and, as everyone else before me has indicated, i thank you awell. -- as well. but, i ask that you do indulge me for a few moments, to get our final thoughts on the issues that have been presented in this case. i promise that i won't be dragging out evidence or pyrotechnics or posters... if
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anything, that is not my style. when i came up here, in may, and stood in front of you for, probably over a -- a little over two hours, and told you what the evidence in the case would show, i meant what i said. i didn't make promises to you that the state didn't keep. i meant what i said. and through the testimony of dozens of witness, hundreds of exhibits, the state of florida in this case has proven every element of every charge in this indictment against casey marie anthony.
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mr. baez, defense unsel, started his closing argument explaining what his biggest fear was in this case, and that it was that you would be making decisions based on emotion. i would never askou to do that. co-counsel has not asked you to do that. the judgeill instruct you that you can in the do that. -- cannot do that and, although thase is, certainly, emotionally charged, we will ask you to make decisions about the facts of this case, based on anything but the testimony that you have heard from the witnesses, and all of the exhibits that you will be able to consider, once you begin the job of deliberating this case.
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you want to know what my... is? my biggest fear, and i do not under any circumstances mean this as an insult. my biggest fear is that common sense will be lost in all of the rhetoric of the case. that you won't step back and take a look at the evidence as a whole. you have to look at the big picture here. co-counsel, in his opening argument to you, yesterday, talked about rabbit holes.
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and after h sat down,... >> [inaudible]. >> sustained. look at the big picture.on't we spent two weeks in clear water, questioning all of you, looking for people who would still be able to see the forest for the trees. >> [inaudible]. >> overruled, at this point. >> in his closing remark, mr. baez used words like, "liar," perjurer, fraud lengulf
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trial in a criminal case suo be a search for the truth. the truth is what is the cornerstone of the criminal justice process, both for those who are accused and those who are the victim of the crime. it is lying that perverts that process. so, during an argument where the most well-documented liar ever seen in a courtroom, accuses everybody of perjury or fraud, of lying, the irony is rich, indeed. >> your honor, violation of paragraph number 5 of the court's order and move to
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he orange county sheriffs ed office is despera -- or was desperate in this case, and if there was anything that the individuals working for the orange county sheriff were, it was desperate to find a little girl. in july of 2008, whether or not she was alive or dead, the men and women of the orange county sheriffs office labored for hours in an effort to find her. they were joined by the fbi, law enforcement agencies all over the country, the florida department of law enforcement, texas equusearch, citizens,
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people who had no other motive than to find caylee marie anthony. but, it was a lie. it was all in vain. even the defendant's parents, and her brother, were searching in vain. you know, false allegations of child abduction are nothing new. and, invariably, as in this case, it turns out, that the perpetrator is a family member. the allegation of a false abduction diverts resources away
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from the perpetrator. it draws attention away from the perpetrator. >> [inaudible]. >> overruled. >> buys the perpetrator more time. you will remember, one of things casey anthony said to her mother when she picked her up fromhe boyfriend's home, his apartment, was that she just wanted another day. she wanted moreime. trying to buy time. when she told her brother about the kidnapping, she was trying to buy time. time to concoct another lie, another story, and to divert attention away from herself. in his argument, counsel put up
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pictures of all of the law enforcement officers who were at the anthony home that night, suggesting there was no smell in the car, because they took no action. that first night, july 15 of 2008, the police did not think caylee anthony was dead. at that point, had no reason to believe caylee anthony was dead. there was no reason to any smell in the car toe anthony being dead. the defendant was telling them she was alive,hat she was somewhere else. she was asking for their help in
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finding her. so muchso, that this episode that mr. mason talked about, of ms. anthony being handcuffed was ended, like that. because, the members of the orange county sheriffs office were there to help. they weren't there threatening her to give a statement, they were there to help. the next day, at universal studios, there were three long-term detectives who were there, to help. if you listen to ms. anthony's statement again, they say to her, you have three detectives here, who want to help you. who will expend the resources to find your daughter. why are you lying to us? these aren't involuntary
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statements, as it has been suggested we should throw out. these are statements suggestive of a consciousness of guilt on ms. anthony's part. she was buying time. like she had done with her parents, her brother, her friends. the 31 days are really meaningless? did i hear that? did i hear a version of that? counsel sugget the detailing of what ms. anthony was doing, during these 31 days, had more to do with the state trying to prove that she was
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a... i hear that? nothing could be further from the truth. initially, the orange county sheriffs office in an effort to help her, was trying to backtrack and find out where she was and what she had been doing, because she told them she was conducting o ining her own investigation. really? they were using her cell phone records to try to track down person to find caylee marie anthony to help the defendant. but, as they backtracked, as you found out, it had become and did and more apparent that the defendant was lying about everything.
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if you go back and look at her four-page written statement, the only true statement on there is that caylee marie anthony was born on august 9th, 2005. that's it. every other statement on that form is a lie. you have heard, during this trial, it has been suggested to you, in closing argument, by the defense, that everybody grieves differently. well, that may certainly be true.
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everybody grieves differently. responses to grief are as varied as the day is long. but, responses to guilt are oh, so predictable. what do guilty people do? they lie. they avoid. they run. they mislead. not to their families, but to the police. they divert attention away from themselves, and they act like nothing is wrong. that is why you have heard about what happened those 31 days. not to try to convince you to
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hate casey anthony. but to show you that what she was doing during those 31 days was in no way indicative of grief. was in no way the response to someone whose child had -- of someone whose child has died by accident. counsel said, well... (inaudible) the classic sign of running away, ms. anthony did not have options. in those jail videotapes you will hear -- you did hear, and if you listen to them again, will hear her say, this was a time of desperation for her. and her father was like,
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desperation? what are you talking about, desperation? she had no option t go anywhere except away from her family. that is who she ran from, because, those are the people who would be asking her all the questions. the friends are easy to placate. they are not really paying attention to her life. if she's telling them, my mom is crazy, or, my parents are getting a divorce, and my dad had a heart attack... >> judge... [inaudible]. >> sustained. >> she's running from her family, during those days.
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the people who want to know, more than just as passing reference, where is caylee? >> objection. >> the court will sustain th... court to sustain the objection. >> continue. >> the defendant's action and responses during those 31 days answer for you the only real question left at this stage of the proceedings and that is, who killed caylee anthony? the question is no longer where is caylee? you will remember, in my opening statement, i asked over and over again, where is caylee marie anthony? we know where caylee marie
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anthony is. >> nonrebuttal. >> overruled. >> the question is no longer what happened to caylee marie anthony. we know what happened to caylee. the question is, who killed caylee? for the longest time caylee was alive. nobody killed caylee. caylee is alive. until her remains are found. as i told you, as i warned you about in opening statement, as the facts and circumstances
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changed over the course of time, the defendant's lies changed. they got bigger. they got better. they involved mor people. mr. baez, in his closing statement, would have you believe that there must be something wrong with casey anthony, because, she has, quote-unquote, imaginary friends. those were not imaginary friends. those were lies. every one of them was a lie. ask yourselves, a lie designed to do what? a lie designed for a specific
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purpose. to get casey out of a jam. so, for the longest time caylee is alive. until her remains are found. and then, of course, the lie can't be caylee is with t nanny, she's alive, she has been kidnapped... >> may we approach? >> no. >> the lie must change. i told you in opening statement, that it would. so, now, the theory is that there was some sort of accident. well, you know, you know from
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the evidence in this case, that caylee anthony's death was no accident. first off, the orange county sheriffs office prosed that casey anthony on july 16th, 2008... her baby died by accident. >> sit down with mothers who rolled over on their babies accidentally and sit down with mothers whose kids have drowned in swimming pools and had to sit down with mothers who had boyfriends who beat their kids to death, you know, who felt horrible about what happened. and, then -- and, help them try to explain to their families, okay? and, also had to deal with
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people who have done horrible and unspeakable things to children, and have lied about it and lied about it and lied about it, okay? and i better somewhere in there, i dealt with somebody who made a mistake and continued to lie about it and weren't a bad person around, maybe their family didn't see it the way, they kept lying and lying and lying about it and, in one step or other, days around t road, come forward around, you told you lied to me for the last time and i won't listen to what you have to say. don't talk to my any more, okay? >> in his closing statement to you, counsel suggested the orange county sheriffs office had murder on their minds. that they didn't want to consider this as an accident. u heard, right there.
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>> someone said caylee was dead this morning, she drowned in neithe pool, that's the latest story out there. >> surprise, surprise. >> surprise, surprise. >> so when caylee anthony is found dead on december 11th of 2008, surprise, surprise. no person would ever make the accidental death of a child look like murder. the defendant's actions during those 31 days and her response to this are completely
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inconsistent with what people do 100% of the time. you heard the doctor say, 100% of the time, when a child is involved in an accident, somebody tries to save them. ey want them to live. they call 911. they anguish over the death of a child, especially, especially if you want to accept this testimony that ms. anthony was an amazing mother. who did you hear that from? how was that defined? her friends? people who don't have kids? that have other lives? that have seen two seconds of
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interaction? the question in support of casey anthony's relationship with her child were things like, did caylee run to her mother? of course she did. every baby loves their mother. they hav every reason to. their love is unconditional. of course, she will run to her mother, like she ran to her grandparents. casey provided food and shelter and clothes for caylee and that makes her a great mother. no, that makes her a mother. maybe an adequate mother. but, in reality, the food, the clothes, the shelter, were
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provided by her grandparents. that is why caylee was healthy and happy and well-fed and well taken care of, and nicely dressed. look at her room. look at their backyard. what amazing parent acts with complete indifference to the accidental death of their child? you heard from the defense own expert an example of an amazing parent, a woman whose child died and she wanted to go to the child's gravesite, because, that child had never been in a storm, in the dark, alone. that's an amazing mother.
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a mother who tried to protect her child, even in death. if this truly was a accident in the pool, caylee anthony would have been found floating in the pool, not floating in a swamp down the street. if this was an accident, that george anthony knew about, he told you, we wouldn't be here today. i wouldn't be here, they wouldn't be here. she wouldn't be here. you wouldn't be here. >>... [inaudible]. >> overruled. >> if he was home as suggested when there was an accident in the pool he would have called 911. he would have tried cpr. he would never have scooped up his granddaughter and put her into a bag and threw her into the woods. never.
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no paternal instinct? did we watch the same jail videos? mr. ashton covered this, did we watch the same videos? mr. anthony said he would trade places with his daughter in a second. >>... mr. ashton. >> sustained. >> his arg-- this argument cann be followed to any logical conclusion. the way these remains were disposed of shows complete, complete indifference to the child. it speaks volumes about how the person who disposed of her
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really felt about her. this is how george and cindy anthony felt about their granddaughter. they built her a play house in the backyard. george anthony landscaped it for her. put you a little mailbox out there for her with her name on it. put a stone space... >> [inaudible]. >> overruled. >> put a stone base under that play house so that caylee wouldn't have to sit on the ground in case it was wet. so that caylee wouldn't have to
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sit on the ground, where an insect could crawl on her. on those cell videos, you have heard mr. anthony over and over again trying to get casey to talk to law enforcemen to the sheriffs office. to the federal bureau of investigation. if he was so diabolical, that he was trying to cover up something, why would he want his co-conspirator to talk to the
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cops? that makes no sense. trying to engage in a cover-up, but i want you to talk to the cops. not only does the disposal of those remains speak volumes, about how casey anthony felt about caylee, the pho call... [inaudible] the night that she was arrested, july 16th of 2008. >> on rebuttal. second closing argument. >> talking -- >> overruled. [phone ringing]
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>>. >> hello. >>? this is a free call from... casey. >> from the orange county correction center. for a rate quote, press 7. to accept this free call, press zero. to obtain -- >> this call is subject to monitoring and recording. thank you for using global telelink. >> casey? >> mom. >> hey, sweetie. >> i saw your nice little cameo on t.v. >> which one? >> what do you mean, which one. >> which one? there are four different ones. i han't seen them all, only seen one or two. so far. >> y don't know what my involvement is in stuff? >> casey... >> mom! no! >> i don't know what your involvement is, sweetheart. you are not telling me wre she is at. >> because i don't... know where she is at. are you kidding me. >> don't waste your call -- >> waste my call, sitting in, oh, the jail?
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where the bunks are. >> whose fault is that you are sitting in the jail? you are blaming me for sitting in the jail? blame yourself for telling lies, what do you mean, its not your fault, sweetheart, if you have told the truth and not lied about everything -- >> do me a favor and tell me what tanya's number is. forget it. i'll get it from lee, i saw mallory's car was out front. it was just on the news, live outside the house. >> i know they were. >> well... >> well... >> can you get the number so i can call him? >>hi. >> hi. can you give me tony's number? >> i... i can't do that. i don't know what real good will do you, at this point. >> well, i'd like to talk to him, anyway. because i called to talk to my mother, and, it is a... waste
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and i don'want you coming up here when i have my first hearing, for bond and everything, don't even waste your time coming up here. >> you know, you are making it real tough for anybody to want to try to, even i -- making it real tough for anybody to want to try to, even if the issue is -- >> just, every, sickngle. >> let me finish. >> go ahead. >> you are asking me first, asking me for tony's phone number to call him and then you want to start pressing towards me and say don't worry about coming up here and trying to cut us out. >> i'm not trying to cut anybody out. >> i'm not going around and around with you. you know that is pretty pointless. i'm not going to go through the same stuff that you have been putting the police and everybody else through, the last 24 hours and, the stuff you have put mom
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through for the last four or five weeks. i'm done with that. so, you can tell me what is going on. christina would love to talk to you, because she thinks you'll tell her what is going on. frankly, we're going to fin out. something, whatever is going on, it is going to be found out. so, why not do it now -- >> there is nothing to find out. there is absolutely nothing to find out. that is what i told the detectives. >> you know, everything -- >> i have no -- if i knew where caylee was, do you think any of this would be happening? no. >> anyway, you only have a couple minutes, so i'll will not let you waste it. >> i want tony's number, i'm not talking to anybodylse. >> hello? >> hi. >> my house, wants to call later or... wants to au call somebody to get your number. >> get my brother back i think need tony's number. >> okay. is there anything i can do for you. >> i'm sitting in jail. there is nothing anybody can do,
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right now. >> well, i mean, i'm trying -- >> i know you are, honey, i absolutely know that you are and i appreciate everything that you are trying to do, but i'd like to call tontony, he's not at my house. >> just me and your parents. >> okay, can you do me a favor and get my broer back or get the number from him, please? >> does tony have anything to do with caylee? >> no. nothing. >> okay. why do you want to talk to tony? >> i -- >> probably don't want to tell me, do you? >> well, i didn't hear what you said. >> i said, does tony have anything to do with caylee. >> no, nothing. >> why do you want to talk to him? >> because he's my boyfriend and i would actually try... i tried to talk to him earlier but i got arrested on a whim today. because, they are blaming me for stuff i never would do.
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that i didn't do. >> i am on your side. >> i want to talk tony and get a little bit -- >> casey, you have to tell me if you know anything about caylee. if anything happened to her, casey, i'll die. do you understand, i'll die. >> calling you guys, a waste, huge waste. hon. gregg: -- honey, i would not let anything happen to my daughter, if i knew where she was, this would not be going on. >> how come everybody is saying you are lying? >>... listening to anything i am saying. ms. construed everything i said, the detectives pulled the bull... and got all of their froer information from me and are twisting stuff and said they will pin... gregg: we are listening to a
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profanity laced tirade, with casey anthony with her parents and we apologize for the language, we had no idea and are trying to put it on a 7 second delay to blee the next one that she utters but this is the most powerful part of what linda burdick's rebuttal closing argument, because, she wants to show the jurors, this is someone who cared more about her boyfriend than her daughter. patti ann: it is effective and she comes across as unlikable and you hear the profanity and everybody is trying to help her and she's giving them incredible at ought to and wants to talk to her boyfriend and they are like, why do you want to talk to him, we are trying to find caylee. gregg: joey jackson, your take on this?
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>> they are really in trouble, they, being the defense here. i think, linda drane burdick is laying that out, attempting to establish, there is no possible way it can be anything but somebody's premeditated act to kill their daughter and it doesn't makes sense in terms of the defense points being made about, you know, george's involvement or anybody else, and, trying to deflect anything, and i think she's being really effective at this, gregg and it does not bode well at all for the defense at this point. >> a marie, it also goes to, as patti ann talked to me off camera, it goes to the motive in this case as it was laid out yesterday, by her co-prosecutor, when he said, look, her daughter became inconvenient and wanted to live this fun lifestyle, and, so, according to the prosecution, she got rid of her daughter. patti ann: and they did a fabulous job, lake out, there
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was a reason for the lie and it's not about a woman who lies but used them to divert attention from herself as a phones murder suspect and to divert government resources that would have otherwise be put to putting a case together against her from the get-go and instead, they went to looking for a child, who she knew already was dead. and, that was just devastating, i think, to the defense, and, it also shows, you know, she used the lies, to buy herself more freedom. and, every day she got was worth something to her, because she knew, eventually, they were going to catch up with her and she was going to wind up in jail where she has been since. patti ann: we want to bring in the host of the show, "judge alex" and he has been following the trial and is also a former florida circuit court judge, i'm not a lawyer but my understanding of the rebuttal, the prosecution gave the closing argument and the defense rebut and now, the prosecution has a chance torebut specific points in the defense closing argument.
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it seems to me, in any case the judge is giving burdick a lot of latitude. she doesn't seem to be addressing specific points. >> well, she is, because, the defense's side was so broad, and, the defense hinted to just about everything and one of the few times, the objection from baez was as you stained was when she referred to things that ashton said, in his initial closing argument, and, is not a response to what the defense did and that was properly sustained. and, the defense went into everything and what she is doing now is effective and the jury got to hear the tapes and it was so long ago they are replaying them for the jury and reminding them, oh, yeah, she was never acting like a mother whose daughter drowned or was kidnapped or like any normal mother would. and, they are reminding of them -- the jury of that, right at the crucial moment, before they deliberate.
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patti ann: judge alex and ann marie and joey, we're going back to the courtroom where the prosecutor is speaking again, let's listen in. >>... and the 31 days preceding it and that is tony. that is all she wanted to do when she called her parents, aside from cut them out. i want tony's number. you have learned during the course of this trial that casey anthony is the only person who had access to every, single piece of evidence discussed by mr. ashton today. and yesterday.
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the duct tape. the laundry bag. the blanket. the shorts. the car. there is no evidence that anyone other than casey anthony was driving around in that car that began to smell, to the point, where she is texting her friend, amy, i think my dad has run over a dead animal. she texted that to amy 15 minutes before her boyfriend, tony, picked her up. so you would think if your car smells like there is a dead animal plastered to the front of it, maybe you check the trunk.
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maybe you see if there is a garbage bag or a trash bag in the trunk. that trash bag was placed there as a decoy. you heard testimony from catherine sanchez, that that car was backed into that spot by the dumpster. why the dumpster? guess why the dumpster. because in addition to the bag of trash the dumpster was a coy to keep people either away from the car or thinking that was the source of the odor. ... george anthony didn't know where that car was, ms. anthony
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was on the way to the boyfriend that her parents didn't even know existed. how would they know where to find her car? she told her mother she was in tampa or jacksonville sore where... they didn't know where she was or where the car was. and, finally, the shirt. big trouble comes in small packages. indeed.
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and lie, and lie, and lie, and lie, and i can go on a dozen or more times. where were george and cindy? let's throw cindy into the mix too as a possible perpetrator, because casey anthony would have you believe that this is all her mother's fault any way for leaving the ladder down. let's twist the knife in my mom a little more. the cover up is her dad's fault, let's twist the knife in him too. what were george and cindy anthony doing in june and july of 2008? they're living at home, they are going to work, and they are missing their granddaughter.
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what's casey anthony doing? where is casey anthony? well she's not where she normally is at home. she's at tony's, she tells her mom she is in tampa, or jacksonville, or whatever, she is not where she is supposed to be. and where is caylee? caylee is dead in the woods. at the end of this casell you really have to do is ask yourself a simple
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