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January 7, 2009
Posted: 01:39 PM ET
NEW YORK–A new motion by prosecutors in the Casey Anthony case reminds me of a legal issue that was front and center during In Session’s coverage of the death of Anna Nicole Smith in 2007. When Smith died in the Bahamas in that February, her body was flown to Broward County, Florida where her body remained in a funeral home while legal proceedings took place.
Caylee Anthony Earlier this week, Assistant State Attorney Linda Burdick filled a motion asking the judge in Casey Anthony’s criminal case to place restrictions on three DVDs containing photographs of Caylee Anthony’s remains that will be turned over to her defense counsel. In the motion, the State is requesting that the images remain in Orlando, requiring defense experts to personally view the discs in the possession of lead counsel Jose Baez. In the motion, Burdick cites that “it has been widely reported that major media outlets have paid substantial sums of money for “licensing fees” for photographs and videos of Caylee Marie Anthony depicting her image while she was still alive.” The motion also says the State is not inferring any impropriety would come from the defense team, but want every precaution in place. During legal hearings in Florida shortly after Smith died that February, the main issue centered around who should have legal custody of Smith’s body for decisions on funeral services and burial. The court heard testimony from witnesses for almost a week to determine if Howard K. Stern, Larry Birkhead or Smith’s baby Dannielynn, through her guardian ad litem, Richard Millstein should have decision making powers. During this week of legal wrangling, Smith’s body lay in the refrigerated section of a funeral home much like where Caylee’s remains are today. The court that week also addressed the issue of photographs that could be taken and leaked to the media. Millstein asked the court to prepare a nondisclosure order to be signed by all family members who viewed the remains, and also by all personnel at the funeral home itself. All sides agreed, believing it was a necessary and appropriate security measure. Although Florida has a very liberal open records policy, the state legislature passed a law in 2001 known as the Earnhardt Family Protection Act. Enacted because of issues surrounding autopsy photographs taken of the body of NASCAR legend Dale Earnhardt, it makes those photos or video recordings confidential. Violation of the law is a felony. In the Anthony case, the state is focused on keeping the digital images of the autopsy and of skeletal and dental x-rays secure and respecting the dignity of Caylee. –Jean Casarez, In Session correspondent Filed under: Casey and Caylee Anthony Jean Casarez |
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