Orlando - Casey Anthony sobbed Friday as a prosecutor described what her daughter's final moments might have been like.  Prosecutor Jeff Ashton suggested that Caylee Anthony was knocked out "chemically" and had duct tape put over her mouth and nose.  At the same hearing Casey Anthonys attorneys asked the judge to stop prosecutors from seeking the death penalty against her.  Casey's parents were subpoenaed but did not testify at the hearing.

Orlando – Attorneys for Casey Anthony told an Orlando judge that based on the known facts, the prosecution’s case against Casey Anthony does not qualify as a death penalty case. They're seeking an order which would prevent the prosecution from seeking death. Anthony's defense team is also asking for protective orders, demanding Orange County jail stop videotaping attorney visits.  The defense wants the court to order jail officials to destroy videotaped jailhouse family visits as well as audio taped phone calls with family members.  George and Cindy Anthony along have been subpoenaed by the State to testify in the hearing.

–In Session Staff

Orlando, Florida - Casey Anthony’s defense team filed a motion late Thursday suggesting that there is as much evidence pointing to meter reader Roy Kronk in the death of toddler Caylee Anthony as there is against her mother, Casey. That doesn’t mean the evidence against Kronk is strong. The defense believes the entirely circumstantial case against Anthony is weak; ergo, the evidence against Kronk is weak. The defense, however, says they are entitled to present this Kronk evidence to the jury. Last December, Kronk found Caylee’s skeletal remains in a wooded area about a quarter of a mile from her home. The defense believes Kronk has knowledge of or may be involved in the placing of the remains in the wooded area.

Defense investigators dug up information they claim the State should have uncovered. After speaking to two former wives of Kronk, his estranged son, and the daughter of a former live-in girlfriend, the defense says they learned that Kronk was physically and psychologically abusive toward both wives—both of whom divorced him. One of the former wives, Jill Kerley, claims that Kronk used duct tape on at least two occasions to bind her wrists. He beat her so severely she was hospitalized. She married him in the early 1990s and stayed with him fewer than five months.

Crystal Sparks, the other ex-wife, told the defense investigator that the family was concerned about Kronk and young girls; they didn’t want him around a niece who was three years old at the time. No further details were revealed in the defense motion. She also said that when Kronk was arrested for the alleged kidnapping of a former girlfriend, he had duct tape, handcuffs and a plastic gun.

Crystal Sparks’s son, Brandon, said he was estranged from Kronk, his biological father, for about a decade when Kronk called him last year. It was about a week before Thanksgiving and three weeks before Caylee’s remains were found. Brandon said his father told him he found the skull of a little girl and that it may be Caylee. Sometime later, Brandon received another call in which Kronk told him that he was going to be on TV “tomorrow” and to look for the report. Kronk called 911 on December 11, 2008. Police arrived, found a black garbage bag with the remains of the missing toddler, and, indeed, within hours Kronk’s identity was known though he didn’t actually appear on television for a few more days.

Kronk befuddled many when it was revealed last December that he had called 911 three times, on three consecutive days the previous August, claiming to have found a bag with a “white round object” in it, possibly the missing toddler. Police responded to the scene but Kronk was not there until the third call on the third day. The deputies searched but found nothing of note though the search was, admittedly, not very thorough.

Kronk was fired in late October from his county job for excessive absenteeism following a work-related injury. He used up his sick days and medical leave then failed to show at a disciplinary hearing. Through his attorney, David Evans, Kronk denies all the allegations the defense claims in this recent motion.

–Beth Karas, In Session Correspondent

NEW YORK – We got our first look at a new member of the Casey Anthony defense team inside an Orlando, Florida court Thursday and she will play the primary role in saving Anthony's life.

Casey Anthony with Jose Baez, far left, and new attorney Andrea Lyon, right

Anthony is facing the death penalty, if convicted of first-degree murder charges involving the death of her two-year-old daughter, Caylee.

Attorney Jose Baez introduced Andrea D. Lyon to the judge and prosecutors at a hearing Thursday. Lyon is qualified to handle death penalty cases, Baez is not. He informed the court of her resume, "Professor Lyon has tried over 130 homicide cases. In [sic] over 30 of those occasions, the state has attempted to seek the death penalty and it had never been successful."

Lyon is a clinical professor of law at the DePaul University College of Law in Chicago, where she also directs the law school's Center for Justice in Capital Cases. Her resume includes a stint as a former public defender in Illinois, where she served on the homicide task force.

Lyon plans to file motions challenging the state's use of the death penalty.

The two sides also argued over two critical defense motions. Anthony's attorneys were hoping to convince the judge to prevent authorities from releasing jailhouse video which allegedly shows Anthony breaking down when learning that the remains of her daughter were found last December 11. Defense attorney Todd Macaluso reacted to any plan to release the tape by saying, "This is cruel. This is inhumane. This is illegal."

The court would not rule on the matter until a hearing with the media was scheduled to determine why the video should be public record.

On another issue, the judge ruled that the defense can access some of the cell phone records they were seeking, but asked Anthony's attorneys to refile a more narrowly focused motion for the records of Anthony's former fiancé, Jesse Grund, Anthony's former friend Amy Huizenga and meter reader Roy Kronk - whose phone tip led to the discovery of Caylee's remains.

The trial is currently slated to begin October 12.

-Bob Regan, In Session senior executive producer

NEW YORK – The Florida State Bar has confirmed to In Session that they are investigating two possible ethic complaint violations concerning Casey Anthony's defense attorney Jose Baez.

Casey Anthony with attorney Jose Baez in foreground

The complaints concern alleged communications between Baez and private eye Dominick Casey. Casey, who originally worked for Baez, switched gears last fall when he severed his relationship with the defense attorney and began working for the Anthony family as a private investigator.

It is being alleged that when Casey went to the wooded area in November 2008, close to where Caylee's remains were found 3 weeks later, Baez allegedly told Casey if he found the remains, not to report the discovery to law enforcement.

Baez has issued a statement saying he has not done anything ethically wrong and that the allegations are ridiculous.

The complaints are being addressed on a staff level at the Bar now. If probable cause is found that Baez committed ethical violations, the issue will move on to the committee level. At that point, the complaints and who made the complaints would become public.

-Jean Casarez, In Session correspondent

NEW YORK - Casey Anthony, charged with first-degree murder in the death of her daughter Caylee, was in an Orlando, Florida court today to answer questions about whether her attorney has permission to sell her story. She says he does not.

Casey Anthony escorted in court on Wednesday

The brief hearing was ordered after the State Attorney’s Office asked the court to determine if Anthony’s attorney was selling photographs or home videos or engaging in book or movie deals pursuant to a fee agreement.

The prosecutor argued that attorney Jose Baez cannot act as Anthony’s attorney as well as an agent selling the story to pay his fee. If that were the case, there would be a conflict of interest as one could argue that Baez wasn’t always acting in Anthony’s best interest.

Judge Strickland agreed that Baez and Anthony needed to answer some questions. He said that if there is a conflict, then Anthony has two choices: waive the conflict to avoid a future appellate issue or get a new attorney. After questioning them in open court, the attorneys and Anthony left the courtroom to answer questions in private. The judge emerged minutes later and said he was satisfied there is no conflict of interest.

If Baez is collecting licensing fees for the use of photos and videos, then it is likely that Anthony retains the rights to her story and her photos and videos and that she is making the final decisions. So long as Baez isn’t controlling the transactions and making decisions independent of Anthony, the court won’t interfere.

No further action was necessary. Court adjourned…for the time being.

-Beth Karas, In Session correspondent

NEW YORK - Today, prosecutors in the Casey Anthony case filed a “Motion to Determine Potential Conflict of Interest and Waiver." That's a fancy lawyer way of saying: "tell us how she's paying you."  The State actually alleged in its motion papers that lead defense lawyer Jose Baez is managing his client’s assets; and since Casey doesn't have any assets, the State suggests, he must be selling her story”.  

Casey Anthony with defense attorney Jose Baez

"The Defendant’s seeming conversion from pauper to princess did not come from the sale of some tangible asset available to her prior to her initial arrest on charges related to this case.  The only asset that appears available to the Defendant is her story...” 

A well written pleading, but not well researched.  Instead, the state's motion is based on rumor, speculation and tabloid reports.

Mr. Baez has said in court documents and said today on the record that his retainer agreement with Casey Anthony has nothing to do with rights to her so-called story; and under oath, Casey has agreed.  There is no conflict of interest. How she will pay him, or even whether she will pay him, is none of the prosecution's business. Any communications between client and counsel are confidential.  That includes the fee arrangement. And the prosecution knows it.  

Maybe the state really filed its motion to harass or even embarrass Mr. Baez.  Whatever the motivation, the court correctly called it for what it was— nonsense. Motion denied. 

-Jami Floyd, In Session anchor

ORLANDO, Florida – George and Cindy Anthony saw their daughter Casey for the first time in five months at a Tuesday hearing. They sat directly behind her as lead defense attorney Jose Baez argued two motions before Judge Stan Strickland and state attorneys.

Casey Anthony flashes smile as she sees parents in courtroom

First, Baez asked the court for a protective order, so that many of the digital photos from Anthony's online photo albums remain sealed. Not only did Baez argue there is a lack of relevancy to the photos, but there is a possibility they will interfere with Anthony's right to a fair trial.

Following the release of other discovery photos, one doll manufacturer copied a shot of Anthony draped in an American flag. That Casey Anthony doll ended up for sale over the internet.

Judge Strickland denied the defense motion and all photos will be released as required by Florida public access laws.

Secondly, Baez asked for a stay of the jailhouse video, recorded by officials when Anthony was told that the remains of a child, which turned out to be her daughter Caylee, had been found. He does not want that video released based on privacy concerns and feels this could also endanger her right to a fair trial.

Judge Strickland ruled that the video will not be released until Baez can look at it. The judge commented that Baez may have no objection once he views the tape.

Also, as a preview to a possible upcoming suppression motion, Baez argued that Casey Anthony asked for her lawyer when authorities told her about the remains being found and began to question her. Baez said his client was denied the right to have her attorney present.

A trial date has been set for October 12, 2009 and a new member of the defense trial team has been added. He is Todd Macaluso out of San Diego, California.

Casey Anthony is charged with first-degree murder in the death of her two-year-old daughter Caylee.

-Jean Casarez, In Session correspondent

Caylee and Casey Anthony

NEW YORK–Of the more than 300 pages of additional discovery that has just been released by the Orange County Sheriff’s Office, most significant for prosecutors is that for the first time officials are confirming duct tape was covering the mouth of Caylee Anthony’s skeletal remains.

Most of the new information comes from two search warrant affidavits included in the discovery. One search warrant affidavit states “there was a piece of silver duct tape over the mouth area of the skull.”
Additional information reveals that a latent print examiner at the FBI in Quantico, Virginia noticed something else on the outside of the tape, “residue in the perfect shape of a heart. The heart was not hand drawn and residue appeared to be consistent with the adhesive side of a heart-shaped sticker.”

It appears this sticker was intentionally placed there. The affidavit goes on to say Florida investigators actually found a heart-shaped sticker “similar in size to the residue found on the duct tape” at the crime scene, in addition to a Winnie the Pooh blanket and some other items.

Prosecutors can use this evidence to show intent of first-degree murder as stated in the indictment “premeditated design to affect the death of Caylee Marie Anthony.” We can assume the duct tape over the young girl’s mouth led the Orange County medical examiner to rule the manner of death was homicide.

Investigators wanted to immediately search the Anthony home after finding the skeletal remains. They asked the court to allow them to search for duct tape of any type, arts and craft-type stickers and other items – perhaps in an effort to connect Casey Anthony with the crime scene itself.

In spite of all these newly released documents, we don’t know at this point what investigators found and took from the Anthony’s home. However, we have seen video from those searches, where bag after bag of evidence is being taken from their home following discovery of Caylee’s remains on December 11, 2008.

The big question still left to be answered is whether defendant Casey Anthony can be linked directly to Caylee’s remains and the crime scene. Are Anthony’s fingerprints on the duct tape or on the heart-shaped sticker? Can the cloth laundry hamper bag which held the remains be traced to her? Only time will tell.

The defense, however, has much to work with now. Someone else who took care of little Caylee and murdered her could have had access to the little girl’s blanket, and other items discovered with her remains.

–Jean Casarez, In Session correspondent

NEW YORK–Attorneys were back in court today in Casey Anthony’s murder case. This time Anthony joined her attorneys at the defense table, the first day she’s been in court since her arrest last October for the murder of her daughter, Caylee.

Casey Anthony ordered to appear in court

Anthony, chained at the waist and wrists, entered the courtroom from the side door that prisoners use. She wore jail-issued, dark blue garb that look like oversized pajamas and her hair now falls below her shoulders; no longer a chin-length bob. She appears to have put on a bit of weight.

Anthony wasn’t originally scheduled to be there but before anything of substance occurred, the State argued that Anthony, who has not been present for several recent court dates, needed to assert her waiver of appearance before the judge. A defendant has an absolute right to be present at all critical stages of a trial, which includes substantive evidentiary matters at a pretrial hearing. But that right can be waived and the State argued that the waiver must be made before the judge. Orange County Circuit Court Judge Stan Strickland agreed, and ordered her brought to court from the county jail. Once there, Anthony stayed for the hearing.

While awaiting her arrival, the judge took up a few of the 18 motions before him, finishing the bulk of them in Anthony’s presence.

The State asked the court to restrict the defense’s use and possession of photos of Caylee’s autopsy as well as skeletal and dental x-rays. The State was to turn over three CDs/DVDs of these photos and x-rays to the defense yesterday but asked for a stay of that order until the judge could hear today’s argument. The State’s concern is that if too many people have access to these digital images, some images could end up on the cover of a grocery store tabloid or get posted online.

Anthony’s attorney, Jose Baez, suggested that he set up a password-secured server at his office (similar to what the Orange County Medical Examiner currently has) which will limit those who have access to the digital images. Judge Strickland agreed and the State then turned over two CDs and one DVD of the images.

The judge also ordered Baez to provide him with sworn affidavits from everyone on the defense team who will have access to the images stating that they did not copy or send the photographs or x-rays to anyone else.

Other rulings are that the State has 10 days to give the defense photos of items seized at the crime scene and 30 days to make the actual items available for inspection by the defense. The State also must provide within 10 days the inventory of items taken from George and Cindy Anthony’s house pursuant to the December 20 search warrant.

Another hearing previously scheduled for January 15 is now canceled. Stay tuned to In Session for all the latest developments in this case.

–Beth Karas, In Session correspondent