Judge Won't Dismiss Charges, Fraud Trial Date Set
Casey Anthony will stand trial in January not for murder, but for stealing her best friend's checks. An Orange County judge Friday set a date for her check fraud trial. The judge also granted a motion (read order) filed by the state to dismiss the defense motion to have murder and child abuse charges dropped.
The judge also gave Casey's defense team until February to provide proof that someone else placed Caylee's body in the woods near the Anthony family home.Casey was in court Friday for the first time in months. Casey appeared before Judge Stan Strickland Friday wearing a sea-foam green, puffed-sleeve, belted shirt and her hair looked longer.The court hearing was a lot shorter than it was supposed to be, because Casey's defense team made some legal snafus. The defense took a pounding in court; it couldn't have some of the hearings it wanted to have because it didn't do what it should have.The defense failed to provide a witness list for one of the issues and gave legal notice to the sheriff's office instead of the county to prepare for the jail camera issue (read motion), but the sheriff has not run the Orange County jail since 1987.
“It’s a farce. It doesn’t even come close to the legal requirements necessary for the court to even entertain a motion to dismiss,” state prosecutor Linda Drane-Burdick argued Friday.
That's how prosecutors described Casey Anthony’s defense team motion (motion | state response | defense reply) for the judge to throw out the murder and child abuse charges against Casey.
“The entire motion, from top to bottom, it is replete with errors, it’s insufficient as a matter of law,” Drane-Burdick said Friday in court.
“It cannot be the intent of the Florida legislature that a person swear to something that they do not have personal knowledge,” Casey’s attorney, Andrea Lyon, argued.
The judge decided not to rule on whether he'd throw out the charges against her during the hearing, but issued his order not to dismiss the charges just after noon.
“The content of the motion, as well as Ms. Anthony’s brief affirmations, are not enough to carry the day under Florida Rules of Pleading,” Judge Strickland wrote in his order (read it).
Meanwhile, the defense was ordered Friday to turn over, by February 1, any evidence it might have to back up its claim that someone else placed Caylee's body in the woods last year (motion | defense response).
“Is there gonna be a bombshell on February 1st,” WFTV reporter Kathi Belich asked Casey’s attorney, Jose Baez.
“There will be something. There definitely will be something,” Baez said.
The court issued details on the check fraud case against Casey less than an hour after the hearing. A pretrial status hearing was set for Friday, December 18, 2009 at 10:00am and the trial date was set for Monday, January 25, 2010.
The defense did win the right to have the photographs of Caylee's remains copied on CDs, which they will send to their experts.
http://www.wftv.com/news/21314971/detai ... 0110162009