Prosecutors asked Lee Anthony to retake the witness stand this morning. He was asked about a new story that his sister, Casey, told him about how, and where, Caylee was taken by Zanny, the nanny.
In August of 2008, Casey told Lee a new version of what happened to Caylee. This was after she'd been bailed out of jail by bounty hunter, Leonard Padilla and had returned home. It was also after detectives told Casey that they'd watched surveillance videos taken at the Sawgrass Apartments in June 2008, for which Casey was never seen in any of those videos. Realizing that her story was found out to be a lie, Casey told Lee another story of what happened to Caylee. In this story, Casey told Lee that Zanny and her sister held Casey down by her wrists at Blanchard Park. Casey said that Zanny told her that the reason that she was taking Caylee from Casey was to teach her a lesson, and that Zanny called Casey was an "unfit mother". Zanny also told Casey not to go to the police.
Casey described Zanny as being of hispanic origin, with a "darker complexion" as though she went regularly to a tanning bed, 5'7" tall with dark brown hair that was typically kept at shoulder length. She also said that Zanny weighed around a hundred pounds or so, was "very attractive" and wore no glasses.
As Caylee was being taken from Casey, Casey said that she was shocked by what was happening, saying that it felt surreal to her. Casey told Lee that Zanny had Casey's MySpace account password and was using her MySpace to tell Casey what was going to happen, as well as telling Casey where to go to look for Caylee. Casey said that she went to those places in hopes of seeing Caylee, as well as fulfilling the obligations Zanny was giving her so that she could see Caylee.
BAEZ CROSS-EXAMINES
(Jose went up to the podium and asked Lee a few questions, including:)
Lee: Casey was never successful in finding Caylee in any of those experiences.
Jose: And Zanny the Nanny never materialized.
Lee: To this day, no.
Jose: Thank you sir.
(END OF LEE'S TESTIMONY. Lee walked by Casey without looking at her.)
(Judge Perry said "Next witness" for which Prosecutor Linda Drane-Burdick asked the defense as to what they're saying the next event occurred,. Jose told Linda that they needed a few minutes to discuss that and let her know. A sidebar, and then a five minute recess, was called.)
CAYLEE MARIE ANTHONY'S REMAINS ARE FOUND IN WOODED AREA NEAR CASEY'S HOME
As court resumed, we heard the 911 call that was made on December 11, 2008, reporting that a child's skull had been found. In this recorded call, the jury heard a Utility company supervisor tell 911 dispatchers that one of the company's meter readers had just found a human skull.
911 CALL:
Dispatch: 911 Emergency Communication
Caller: Yes, we, this Orange County Utilities emergency dispatch, we found a human skull.
911: Oh my gosh.
Caller: I know. We got um, is it a meter reader? I'm going to let you speak right now with the representative of our field services, this is Vinnie with Orange County Utilities.
911: Hey Vinnie.
Caller: Hi, I'm going to let you speak with Rusty Spares, everything is recorded. Here he is.
Caller 2: How are you doing?
911: Hey Rusty.
Caller 2: One of my meter readers has supposedly found a skull of what we believe is human
911: What's the location?
Caller 2: It's right off of Suburban and Chickasaw in the Caylee Anthony area, right by the high..
911: Awww. Do you have a specific address for me, or not?
Caller 2: No, it's right by the school. If you take... Suburban and Chickasaw, and the school is right there. I can't think of the name of the school. Just go right straight down and it dead ends right into the woods. It'll be on the east side of Chickasaw on Suburban.
911: On the east side of Chickasaw. What is your party's name, who will we meet with?
Caller 2: The name is Roy Kronk.
The next witness on the stand was the first responding police officer, who met the Utility company meter reader, Mr. Kronk, at the scene.
DEPUTY TURSO TESTIFIES TO RESPONDING TO METER READER, ROY KRONK'S CALL
Deputy Turso testified that after the police received the 911 call from Roy Kronk, he was dispatched to the scene on Suburban Drive. He met meter reader Roy Kronk, and then followed him into the wooded area to where Caylee's skull had been found peering out of a trashbag. As the deputy followed Mr. Kronk into the woods, they passed where the skull was. Confused, Mr. Kronk looked around to find it again. Realizing that they'd passed it, they turned around and were able to locate it. Mr. Kronk told the officer that he'd found the skull when he had gone into the woods to relieve himself. The deputy stood over the skull and bag and then promptly left the area. He then called his supervisor, told him what had happened, and they roped off the area with crime scene tape. He got Mr. Kronk started on a statement of what happened. He stayed there until other deputies and investigators arrived to take over the scene.
JOSE BAEZ CROSS-EXAMINES DEPUTY TORSO
Immediately after Jose gets at the podium, he asked a question that wasn't allowed, but he wanted the jurors to hear it so to cast doubt on Mr. Kronk.
Jose: Did Mr. Kronk advise you that he'd called three times in August?
Deputy Torso: No, he did not.
Linda Drane Burdick: OBJECTION (to Hearsay. Note: You're not fast enough Linda. You gotta watch Jose!)
Judge Perry: SUSTAINED.
Jose: Were you made aware of any prior calls by this individual in August 2008?
OBJECTION!
SUSTAINED!
Jose: Did you have any conversations with Mr. Kronk about, where you advised him he should not say anything about calling three times in August of 2008?
Judge Perry: SUSTAINED. Move to another line of questioning, comes to Hearsay answers.
Jose: If I may your honor.
Judge: Yes, you may.
(Jose goes to Cheney, who whispers to Jose for about a minute; Jose then nods his head and returns to the podium)
Jose: Sir, how far did you go into the woods?
Deputy: Ballpark, twenty feet or so.
Jose: And that's when you passed the, where the skull was, correct?
Deputy: No, I'd say it was about 20 feet. I'm just going off the top of my head. I didn't measure it.
Jose: Twenty feet from the street, more or less? And there was also a weed line, was there not?
Deputy: What do you mean a weed line?
Jose (laughing): I knew that'd be a tough question to answer. Um, what I mean is there's grass that's mowed before you get into the area that's wooded, correct?
I don't believe that there was. All I remember was that there was a wooded area.
Ok.
I don't remember seeing a mowed section previously.
You just don't recall or you're certain of it?
I don't remember if there was any cleared path prior to the woods.
Ok. And, when you came back, how far did you pass before you came back?
Probably about five feet or so, when he turned around. He looked a little bit confused, like "where'd it go?" and then he turned and looked at me and pretty much over my shoulder said "oh there it is".
Jose: And next to the skull there was a fallen tree, correct?
There was a lot of vegetation. I can't tell you exactly if there was a fallen tree next to the skull.
And there was also a white bag?
A white bag?
Do you recall seeing a white canvas bag?
No.
Do you recall seeing a bright red bag?
Deputy (shaking his head no): I focused on the skull and the garbage bag that was next to it.
Ok. Just a moment. (Jose goes back to Cheney Mason at the defense table. Cheney whispers to Jose for another minute). Jose then asked the judge for a sidebar.
SIDEBAR
Jose: Deputy Torso, you directed Mr. Kronk to his car?
Correct.
And then you directed him to give a statement.
Yes.
Did you give him any other directions? Other than those two things?
I don't believe so. I don't know what you're asking me. Did I ask him, I told him "Here, here's a statement form. Tell me, write down what you told me, write it down.
Jose: Did you give him any other instructions, as a police officer, as to what to do and what not to do?
Not that's coming to me right now.
Thank you sir.
Deputy Torso is done for the day.
###
Next witness will be Jennifer Welch.
GRAPHIC CRIME SCENE TESTIMONY (HOW CAYLEE MARIE ANTHONY'S BODY WAS FOUND)
(Prior to the next witness taking the stand, Judge Perry strongly advised the courtroom spectators that if they cannot control their emotions, they should leave the courtroom until after this next witness is done testifying to. He was very serious and restated again that if anyone could not be certain that they would be able to control their emotions (probably focused on Cindy and George Anthony who were in the courtroom) should leave the courtroom
Forewarning from Judge Perry. "No photographs are allowed to take pictures of the crime scene. Anyone seen taking pictures, their camera/cell phone will be confiscated!"
(Note: George and Cindy Anthony have left the courtroom).
Prosecutor Linda Drane-Burdick called for the next witness, Jennifer Welch. Jennifer Welch, a slim young woman with glasses and light brown hair pulled back into a ponytail, took the witness stand. She is employed with the Orange County Sheriff's Office in the Forensics Unit. She has worked there for just over five years. Her assignment in that unit is that she is a Crime Scene Investigator. She also held that position in December 11, 2008 when Caylee's skull and body were found.
Burdick: On that date (December 11, 2008), were you called to a location on Suburban Drive?
Welch: Yes I was.
Burdick: Do you recall, or do the records of the Orange County Sheriff reflect the address, as specific as it can be of the location on Suburban to which you responded?
Welch: Yes, it was the 8900 block of Suburban Drive.
Do you recall what time you arrived?
Yes, on December 11th, I arrived at approximately at 11:25 hours.
When you got there, what was the condition of the scene?
When I arrived, it was raining on the scene and there was several law enforcement personnel present, and um, it was dense vegetation throughout the area.
You said there were several law enforcement personnel present. Were any of those individuals in the woods?
No, they were not.
Where were they stationed?
They were stationed actually on the street, to the north of the actual wooded area.
Do you recall whether or not a crime scene area had been cordened off, or taped off in any fashion at that point?
Yes, I do recall there was crime scene tape up.
Did you see any individuals within the boundaries of the crime scene tape when you arrived?
Um, the crime scene tape as I recall was set up further down the street. So yes, they were along the street. But not within the wooded area.
Is part of your job as a crime scene investigator to take initial photographs of the condition of the scene prior to recovery of any potential item of evidence?
Yes.
In this case, did you take photographs of the scene as you found it, upon your arrival, on December 11th, 2008?
Yes I did.
Burdick: If I may have, what has been marked FF for identification. (A photograph)
Burdick: Ma'am, can you see FF for identification?
Welch: Yes I can.
Burdick: Is that photograph a true and accurate representation of the condition of the portion of the crime scene?
Welch: Yes it is.
(FF is entered into evidence and published for the jury. The photograph shows the side of the road, a wooded area that is very dense with vegetation that starts about five feet from the road.)
(Then FG is the next photograph shown, showing even more heavily dense wooded area, is entered into evidence. This photograph shows the beginning of the path to the crime scene. Next photograph shown is FH, which also shows really heavily vegetation, with vines hanging off of trees, is also of the path to the crime scene. This series of photographs showed that no one could really walk into that area, unless there was a pathway. It looks like you'd need a machete to cut your way through. Prosecutor Drane-Burdick kept showing photographs, one by one, leading to where Caylee's body was found).
(Courtroom cameras were focused at Casey to watch what her reaction will be when Caylee's remains are shown in the courtroom).
The next photograph FP was entered and published for the jury (but not shown to TV viewers).
Burdick: Ms. Welch, did the office of the medical examiner, with you present, ultimately recover a skull in this area?
Jennifer: Yes he did.
Is the skull shown in this photograph?
Yes it is.
(Right after Jennifer answered, Casey put her head down to her left, put her hand over her nose and mouth area and appeared to be wiping away tears).
Burdick: Can you show members of the jury, you can circle (the teleprompter in front of her).
(Casey has now lifted her head up, has an angry look on her face, and is not looking at the monitor in front of her. She is looking down in front of her, and then puts her hand over her mouth and nose. We then see an arm coming from defense attorney, Ms. Simms, who is also sitting at the defense table, go around Casey's back in order to comfort her. Casey is leaning in Ms. Simms direction, looks up at her for a second, then looks back down, still holding her hand over her nose and mouth. Ms. Simms begins to speak to Casey, who starts to shake her head no, then starts to cry as more pictures of Caylee's skull are being shown to the jury and courtroom).
Burdick: Is (photograph) FQ a fair and accurate representation of a close-up of the skull as it was found by you and the office of the medical examiner?
Yes.
(Casey is wiping tears away from her eyes and nose area).
Ms. Welch, what portion of the skull is this?
It is the top and you can see the right side.
Is the photograph identified as FR, a clear and accurate representation of the location of the skull pulled a little further back for orientation purposes?
Yes it is.
(Casey still has her head down, and is looking down at the table in front of her, with Ms. Simms arm still around her).
(Photograph FR is entered into evidence and published).
Ms. Welch, where is the skull found in this photograph?
Located to the west of the log.
(Casey wipes more tears away. You can see the tears falling from her eyes. She appears to be truly and deeply saddened by this. As crime scene photos are entered into evidence, Jose Baez did not object to any of them).
(Moving on, a photograph was shown that showed how much vegetation and distance was from where Caylee's body was found and a light pole, that indicated where the street was. It was thick with vegetation, basically a carpet or curtain of heavy foliage and vegetation).
(Photograph FT was shown. It showed additional evidence items that were collected by Orange County Sheriff. It was entered in as Evidence item 182 for the prosecution. (Casey is wiping her nose now)).
Burdick: Investigator Welch, can you identify in the photograph the other items and then orient us to the skull as well.
Welch: Yes, I can. The skull is located to the northwest area of the log. Directly northwest of the skull is a black plastic bag. On top of the black plastic bag is an off-white canvas bag. To the west of the skull is a plastic Disney bag. That's all that I'm able to observe in this photo.
Burdick: Yes Ma'am. If I may have FU for identification. Does this photograph fairly and accurately represent the scene as you found it with other items of evidence that were ultimately collected.
Yes, it does.
(Photograph FU is published for the jury. Casey is still looking away and wiping tears away and sniffling).
(Investigator Welch pointed out the items, the off-white canvas and black trash bags in the photograph for jurors).
(FV was the next photograph entered into evidence as #184. Casey is softly crying, her hands are shaking as she wipes away her tears with a tissue).
Burdick: Investigator Welch, where are you standing when this photograph is taken?
Welch: I'm standing to the Northwest of the skull, amongst the vegetation that is located on the west side.
Did this vegetation on the west side obscure your view of the skull to some degree?
Yes.
Can you show us where the skull is, and which portion of the skull we are viewing in this picture.
(She pointed it out for jurors using her teleprompter).
(Burdick then entered photograph FW as evidence as state's 185. It was published and showed a log amongst dense vegetation. Investigator Welch pointed out a red plastic Disney bag and the black plastic bag and off-white canvas bag. Casey is still looking away and wiping tears away).
(Evidence photo FW was shown. It showed the log, the black plastic bag and a pair of shorts were also seen. In photograph FY: You can see the pair of shorts and the white plastic bag, and barely visible is the plastic Disney bag.)
COURTROOM OBSERVERS' REACTIONS TO CAYLEE'S SKULL PHOTOGRAPHS
(A shot of the courtroom showed spectators looking up at the monitors as the photos were shown. Some were gasping as the photos were shown, others sat in shock with their mouths open).
(Photograph FZ was a close-up photo of Caylee's skull, it was state's evidence #188. Also seen in this photo was the black plastic bag.
Photograph GA was then shown and entered into states evidence as #189. It showed the black plastic bag and a pair of shorts).
(Casey still has her head turned away towards Ms Simms)
BEER BOTTLE FOUND WITH CAYLEE'S REMAINS
(Photograph GB (#190) showed evidence items - A beer bottle that was found at the scene and part of the black trash bag.
Photograph GC (#191) was next. It's a view of the skull and items of evidence, which were a black plastic bag, clothing remnants (described as a collar with a tag still present). The front of the skull was close to the clothing remnants).
DUCT TAPE FOUND ON SKULL
(Photograph GD (#192) followed. It showed a close up photo of the clothing item with the tag. When asked what was at the bottom of the photograph, Ms. Welch said that it was the front of the skull with duct tape. (Note: the duct tape on the skull was around the lower jaw, the mandible and a portion of the maxilla. It's described as covering the skull jaw.
Photograph GE (#193) was next. Investigator Welch described it as showing the off-white canvas bag, the black plastic bag, and you can also see the skull.)
Burdick: Prior to collection, could you tell whether or not any of the items were contained inside of each other? In other words, could you tell if the white canvas bag was inside of the black trash bag?
Welch: I could not tell.
(Photograph GF shown (#194): Investigator Welch was standing to the east of the black plastic bag and took this photograph to show how vegetation covered items. It showed the off-white canvas bag and the black trash bag. The skull could not be seen easily in the photo, but duct tape could be seen peeking through vegetation. It was the duct tape that was on the skull.
Photograph GG (#195): Shown in this photo, Welch explained her vantage point, while taking this photo. She was standing partially over the log and to the southeast of the skull. She had to lean over the log to take the photograph. In the photo, evidence seen included the black plastic bag, and barely visible was the off-white bag, the Disney bag, and the skull.
Photograph GH (#196): A close up photograph of the duct tape that was on the front of the skull and in the photograph was also the clothing remnants. (Courtroom observers are shown again, who are absolutely captivated with what is being shown on courtroom monitors).
CAYLEE'S BLANKET
(Photograph GI (#197) was shown, and in this photograph, evidence items include a blanket. Investigator Welch first thought it was a white towel. (Casey is no longer crying; she's got her eyes closed)
Photograph GJ (#198): Standing near the black plastic bag and the white canvas bag, this photograph is a shot back to Suburban Drive. Evidence items shown in this photograph include the off-white canvas bag.)
REMOVING CAYLEE'S DUCT-TAPED SKULL FROM THE SCENE
(Photograph GK (199): Shows the scene as the medical examiner started removing evidence items from the scene. Investigator Welch explained that "the black plastic bag, the red plastic Disney bag are in this photograph. Also in the photo was the skull with the duct tape present, and the chief medical legal investigator, Steven Hanson is picking up the skull to remove it from the scene".)
JOSE BAEZ CROSS-EXAMINATION OF JENNIFER WELCH
Jose: Good morning. I wanted to talk to you about your position.
Welch: Ok.
Jose: As a crime scene investigation, one of the first and most important things that you do is document the scene.
Welch: Yes, it's correct.
And your job is incredibly important because you want to try to show, as you best you possibly can, the jurors what the scene looked like when you first arrived.
Yes, that is correct
And you are trained extensively how to do this.
Yes, that is correct.
And part of the reason is because you rarely get a second chance at an actual crime scene.
Yes, that is rare.
And the importance of having a scene preserved is because once the people come in, it would get contaminated.
Yes.
And the more people that come in and observe the scene, the more contamination there is.
Yes, that's true.
And, if there is a body or remains that have been tampered with, that would affect the ability for everyone to do their jobs, correct.
Yes.
It would affect investigators to be able to determine what happened at that location.
Yes.
It could affect as well the medical examiner in determining what may or may not have happened.
Yes.
To an extent.
It could.
And some of the things you also look for is to see if a scene is staged. Do you not?
Yes.
And it is very common, when you have scenes, to be careful and to observe and look for these things of what may be a staged scene. Correct?
Yes.
And that's because sometimes there are people who try to conceal certain items of evidence.
Objection.
Overruled.
You may answer.
I'm sorry, can you repeat?
And that's because sometimes, people who try to conceal certain items of evidence.
They may.
And there are those staged scenes where people try to make the scene look like something else happened there.
Yes they could.
And that is why it is paramount, to the utmost importance, that the scene be preserved and not be tampered with in any way.
Yes, that would be correct.
Jose published evidence photograph #193: Can you all see that? I'd like to draw your attention to the duct tape area. Can you draw a circle around the duct tape? Now is it fair to say that the duct tape is somewhat in the air on this photograph?
Welch: It appears it could be.
Jose: And you can see almost the entire width of the duct tape, can you not?
Welch: Yes, it appears that you can.
And it is, would this area be classified as the front of the skull?
Yes.
And the end portion of the duct tape portion would be right there.
Yes, if that is the duct tape, yes.
So as you see it now, it is flat on the ground, pointed at, I guess that could best be described as 1:00, that direction.
I can't tell that it's flat on the ground, but it does appear to be pointed in that direction.
(Jose then asked for GF photograph, state's evidence 194)
Jose: Now, here you do not see, I'm going to draw a circle around the duct tape, if that's ok. Can you see that there?
Yes.
Here you see the duct tape and not the skull.
It appears to be the duct tape, yes.
And it is also lying, or appears to be lying flat on the surface.
I can't tell if it's laying flat.
You can almost see the entire width of it, right
Yes.
And it appears to be an end piece right there.
If that is the duct tape, yes.
And the other piece down here? I may have drawn over it, let me clear that, down there?
Yes, it appears to be.
(Jose then asked to see states evidence 196)
Jose: Here you can see the entire width of the tape, correct?
Welch: Yes.
Jose: And here you actually see the end of the duct tape, the cutted tape.
Welch: I can't tell if it's cut but it appears to be an end.
You can see right, it's an uneven edge, can you not?
Yes
And that would appear to be the end of that piece of duct tape, correct?
It does appear to be.
(Casey is still looking down, but is not looking at the monitor and is no longer crying. She put her head on her hand).
(Jose then published states evidence #197 for the jury).
Jose: Now, what we're looking at is the entire width of the entire duct tape.
Yes.
And this area here appears to be the edge of the duct tape, the end.
It appears to be a section of the ending.
(Jose then published the last photo, states evidence #199.)
Investigator Welch, can you see that?
Yes.
And this is investigator Hanson, correct.
Yes.
And he is currently collecting the skull at the same time.
Yes.
And he is also collecting the duct tape, is he not?
Yes.
And in order to collect all of them, do you notice he has, that he has to apply some force to lift all of those items.
He would have to apply force to lift it, just like you would have to to lift anything.
And he's also including extra, I guess, foliage, where I've just drawn?
It appears that he's also collecting vegetation.
That's a better word. Um, and also he's also applying pressure in this area as he's collecting it?
I can't tell.
And he's not wearing any protective footwear, is he?
Not other than boots.
And the person next to him is also not wearing any protective footing, are they?
No.
And it appears that his other leg is also stepping on other items of evidence, that would be collected, is that correct?
That could be.
(Jose walks over to Cheney Mason for guidance, and then comes back to the podium).
Jose: Thank you Investigator Welch, I have no additional questions at this time.
Prosecution had no other questions either.
Witness Jennifer Welch is excused.
###
Next witness is Medical Examiner Steven Hanson.
(As Medical Examiner Steven Hanson took the stand, new photographs that were shown were some that were taken from the road, looking into the wooded area where Caylee's body was found.
(Note: Casey is now looking at the monitor in front of her, as she wipes away remaining tears that fell earlier).
Another photograph shows the path leading into the wooded area. (Casey looks at the photo and takes a drink of water.) In the photograph was a plastic advertisement sign laying on the ground. Several photographs were shown of the pathway, from the roadway, leading into the crime scene.)
A lunch time recess is called by Judge Perry. Jose Baez put his arm around Casey, who was wearing a white shirt and long sweater. Casey was still wiping away tears as she left the courtroom for the lunch break.
MEDICAL EXAMINER STEVEN HANSON TAKES THE STAND
Prosecutor Jeff Ashton is the one questioning Medical Examiner, Steven Hanson.
Jeff Ashton: How long were you actually at the scene between arrival and when you left with the remains?
Hanson: I'd have to say it was three or four hours.
Ashton: May I have State's exhibit CI?. Is that a photograph of the scene with the vines cleared away?
Hanson: The vines have been cleared away and you can see that the log that was down there was removed. (State's exhibit CI was entered into Evidence).
Ashton: You indicated that some vines had been removed.
Hanson: Yes sir.
Was anything cleared at this point from ground level, or was it all just up above it?
No, it was just things that were above it that were hindering our ability to visualize what was down there.
Ashton: So, with respect to things that were on the ground, is everything in the same position it was when you got there?
Hanson: Yes sir.
(Next, states exhibit CJ. Photograph of closeup of the skull).
Ashton: Is this taken after the vines had been cleared away and log had been removed?
Hanson: Yes sir.
But has any of the ground material been disturbed?
Not at all. It was just a closeup of the area, after it had been cleared up, but nothing had been removed.
Ashton: Enter into evidence CJ as state's evidence. Now, tell me if you will, sort of describe this angle of the photograph of what you're attempting to do.
Hanson: This photograph was taken from the opposite side of where the other ones were. This removed from, if you, from discussions sake, one side where the log was, we moved outside of the area and came into it from another point so we could visualize the other side without having to step over anything or disturb anything. This photograph was taken from the other side, the other perspective where you couldn't see the front of the skull from that other vantage point. We moved so you could visualize the skull without having to move anything.
Ashton: Now, at what height is the camera when this was taken?
Hanson: It probably wasn't two feet and a half feet off the ground.
And how did you accomplish that?
The camera we have is a digital camera, and it has a screen in the back that you can flip out and rotate so that you don't have to stay behind the camera as you're watching it the whole time. So we were able to, I was able to go ahead and bring that camera down and rotate the screen up so that I could still see what the camera was seeing without having to get down onto the ground on the same level. So that's how that was accomplished.
So you're actually standing up, but you're holding the camera low.
I was bending down but I was, my face was not behind the camera because of the arrangement of the screen in the back of the camera.
Now, in this photograph, can you see the duct tape?
Hanson sternly answered: YES SIR.
Ashton: From your observation of it, at this point, could you determine whether there appeared to be more than one piece of duct tape?
No, not at that point.
Could you circle the duct tape for us.
(The medical examiner circles the duct tape on his telecaster monitor from the witness stand).
Ashton: Now, obviously this is a two-dimensional photograph. But, the tape itself as it was sitting there, was it flat on the ground? Was it perpendicular, was it on an angle? Could you give us that additional dimension.
Hanson: It was difficult to tell because of the hair mat and the undergrowth, the plant material that was there. To the best of my knowledge, people who were processing the scene, including myself, had not moved anything. So, that is exactly how we saw it, and we hadn't moved anything, so it was difficult to tell exactly where it was.
So there was a great deal of leaf debris around it, still.
Yes.
Now, we see in the photograph a portion of the duct tape. Is there a portion of the duct tape that is under the leaf debris?
We didn't know that at the time, but subsequently, upon moving, when you do these you photograph everything as you find it. You want to record it exactly as it was found. And after you've done that, then you're in a position to start to make some changes, but you always want to photograph something exactly as it was found, and then as we're doing now. Then we explained that, so any subsequent photographs, we can say that we had to clear some of that undergrowth and what-have-you, so we could see.
Now, you mentioned a "hair mat". Can you show the jury, in this photograph, the hair mat that you're talking about.
There's, it appeared, it's what appeared at the scene, and what we subsequently learned to be true, that this area here and around here and back over here (pointing out areas on the photograph), that was probably hair.
Did it appear to you that way at the time?
It did.
Did it appear also that the matter on the top of the skull, these strands, appear to be hair also?
Correct.
Let me go on to state's exhibit, CK, the next one. Does this depict the scene at the time of the skull, the tape and the bags that appear in the photograph.
It does.
(CK is entered into evidence )
Ashton: Now these particular items that we see in the photograph, as a medical examiner, do you have a responsibility that is different that the crime scene investigators or the police agency?
Hanson: Yes sir. We investigate death scenes and we are responsible for providing information to the medical examiner regarding the scene looks and how it is related to the remains. The majority of the time it's a full set of remains, sometimes decomposed, or as in this case, skeletonized. We need to find and put into perspective those things that we believe are pertinent to understanding the scene and the circumstances, so we focus more on the scene itself as it relates to the remains than a lot of the broad photographs that a lot of the regular crime scene folks take. (Casey is looking down at the table in front of her, and away from the monitor. She appears to be upset but is not crying at this point).
In terms of custody of the remains and items relating to the remains, what is the protocol for that?
The Florida statute gives the medical examiner's office the authority over the remains. We work hand-in-hand with law enforcement. They own and control the crime scene. But we have the remains. In this particular case, one of the things that we were thinking was that there were probably remains in the bag. And we were, I'll be honest, hoping that most of the remains were still in the bag; it would make it a much easier case than having to go search all over a field or in this case a wooded area. So we considered this potentially, these bags having contained additional remains. So we looked at that as part of our jurisdiction.
Ashton: So you would have, in effect, have custody or control over not just the skull but the bags as well.
Hanson: After discussions with law enforcement, they agreed that that's the way it should be handled in this case.
HOW THE MEDICAL EXAMINER COLLECTED CAYLEE'S SKULL
Hanson: We decided the best way to do it would be to try to collect a large portion of that area, just not lift the skull up. So we planned to lift an area to include the skull and the debris and put it into a paper bag for transport.
Jeff Ashton: Let me show you exhibit #199 (GK). Is this a photograph of you attempting, in the middle of removing the skull.
Hanson: That's correct. It looks like I'd already reached down and gotten the outer areas and my hands were coming together under the skull to lift it up and one of the crime scene investigators was holding a bag open so that just reach over and then place this entire pile of debris and skull in the bag for security and transport.
Ashton: Do you have a recollection of approximately how far out from the skull you went, in terms of your initial penetration?
Hanson: About six to eight inches around the skull. The skull is here in the center (the photograph shows a man with a blue baseball cap, blue plastic jacket and blue gloves reaching for the skull and surrounding debris), and six to eight inches to the side, and then gone down until I hit something pretty solid and then tried to scoop it up and then lift everything that was there to deposit into a large paper bag.
Ashton: Looking at state's exhibit #199, is that where you had moved debris?
Hanson: It would appear to be that way, yes.
And did you attempt, as best you could, to keep the tape in the same position in reference to the skull as it was on the ground?
The hair mat and the tape both, yes.
Was it possible to keep it in precisely, exactly in the same position
I seriously doubt it, but we made the best effort that we could.
And you said it was collected and placed into a paper bag.
Correct.
Did you collect other items from the scene there that morning?
Yes we did.
What other items did you collect from the scene?
We collected the plastic bag and the canvas bag that was next to it because we felt that it may have had additional remains in it. And there were also long bones that were in the area of the skull, in the proximity, which again would be part of our responsibility as medical examiner's office. So while they weren't part of the large area that we collected with the skull or from the bags, they were also collected and placed in a bag for transport back to the medical examiner's office.
So the bag, the trash bag or the canvas bag or both?
The trash bag and the canvas bag was collected as one unit so that we could get everything that was in that area. Again, same thing going down from the outside, going around, scooping it up and putting it onto a plastic shroud and then putting that into a body bag.
And then was that taken as a unit?
As a unit.
Did you also collect some items of possible clothing. I think a pair of shorts?
There was, I didn't know it at the time that they were shorts, but there were some items of cloth that may have been clothing but those were also collected, we considered to be also part of the scene.
Was there anything else that you took from the scene that first morning? You said the skull, the bag, shorts, long bones, anything else?
That's pretty much it. There was something besides the shorts, a long piece of cloth. Later on it was some sort of blanket, I think. But, those things that were of that ilk, that were with each other, they were all picked up and transported back.
To the medical examiner's office.
Right.
And when you arrived at the medical examiner's office, did you turn all that material over to one of the forensic pathologists?
Yes I did.
And who was that?
Dr. Gary Utz, the deputy chief medical examiner.
Over the next number of days, did you continue to transport remains from that scene on Suburban back to the medical examiners' office.
(Medical Examiner Hanson explained that he would regularly go to the scene on Suburban Drive to pick up the items and bring them back to the medical examiners' office. There were several check points, signing off's, etc. to ensure the process kept a clean chain of evidence. He did mention that one or two times there may have been a police person who brought something over to the medical examiner's office, but for the most part, it was his responsibility).
CROSS-EXAMINATION BY CHENEY MASON
Cheney Mason got up and started cross-examining Medical Examiner Hanson. Cheney asked him who moved the log, and the medical examiner raised his hand and said "I did". Cheney then went to another question, adding a little bit of humor by having Linda Drane-Burdick come over to assist him with something at the podium. He asked her to stay with him, but she didn't agree to. As she walked away, Cheney said "they won't mind", which got a bit of the chuckle from the courtroom.
Cheney asked about the duct tape that was laying on the ground. He asked if the duct tape was measured on the scene, and the medical examiner said that it was not by him. Cheney asked if they weighed anything before moving things, of which the examiner said no.
Cheney asked "Did you know IF anyone had moved that skull in any way before you got there?
Medical Examiner Hanson: The initial information that I received was that the person that found it may have kicked it...
Ashton: OBJECTION, MOTION TO STRIKE.
Judge: SUSTAINED
Ashton: MOTION TO STRIKE JUDGE.
Judge: GRANTED
Ashton: ASK JURORS TO DISREGARD THE LAST STATEMENT GIVEN BY WITNESS
Judge: DISREGARD STATEMENT
Cheney (over his shoulder to Jeff Ashton): Are you done?
Cheney (to Medical Examiner Hanson): On your watch, what you did, that you don't have any information that anyone had moved it before.
Hanson: That is correct
Cheney: And then what you do is you gather it up, and then Mr. Ashton was showing up by republishing #199, can we have #199. May I show it to the jury. (The photograph of Hanson picking up Caylee's skull is shown to the jury/courtroom).
Cheney: Do you know who all those other feet belong to? (The photo shows two sets of boots; one belonging to the witness/medical examiner and there's another pair of boots behind and to the side of him).
Hanson: Well, two of them are mine. I'm not 100% sure who the other folks were. I was concentrating.
Cheney: They'd be officials
Hanson: Oh absolutely, there's no one who wasn't authorized that was there.
Cheney: And so, what was or what were the reasons for digging down around the material around the skull?
Hanson: The primary reason was to make sure that I collected everything that was around it and to make sure that I didn't move anything that was around it like the duct tape.
Cheney: If the duct tape were positioned flat as we saw a moment ago...
Ashton: OBJECTION - Assuming fact that's not in evidence and is Council's opinion
Judge: SUSTAINED. Rephrase the question.
Cheney: If the duct tape were in the position that would reveal in the photos that we saw just a few moments ago, would you agree that when you lifted it all up that the duct tape would have shifted postion?
Hanson: It could have.
Cheney: And by the way, you mentioned some names, Dr. Utz was the on-call medical examiner, that
Hanson: I don't know if he was the on-call, but he was the medical examiner who was there when I got back to the medical examiner's office.
Cheney: Ultimately, a day or so later, if I read your report, Dr. G. (famous for having her own television show - Dr. G, Medical Examiner) came in and took over the investigation.
Hanson: It would seem that way.
(Cheney then went over how Hanson went back to the crime scene to the medical examiner's office. He asked if Hanson observed whoever was managing and assembling the skeleton. Answer: No. Cheney asked if someone photographed the assembling of the skeleton, and he answered "Not by me".)
END OF CROSS-EXAMINATION
(Next witness: The medical examiner who conducted the initial autopsy of Caylee Anthony, Dr. Gary Utz. Dr. Utz explained that he took over the case while Dr. G. left town for a few days.)
(Casey Anthony is sitting at the defense table, frowning, and she just pulled her sweater together tight in front of her body).
(Dr. Utz explained how Caylee's remains, bags and fabric came to the medical examiner's office. During his examination of the items, various photographs were taken of Caylee's remains during his examination. (Casey turned away from the monitor and placed her hand over her nose and mouth, resting her head a little on her hand).)
Ashton: Dr. Utz, tell us what you see and take note of.
Utz: I don't know if you can tell from this photograph with handle ties, and they're mixed with leaf debris, and on top is a leg bone. It was near the bag and he placed the bone on top of the bag. There is a laundry bag, a fabric laundry bag mixed in with the garbage bags. Each item was photographed separately.
(Dr. Utz took a close up photograph of Caylee's skull as it arrived at their office. He explained that this photograph shows that it was a human skull, facing the observer. In the front, on the lower portion of the skull, over the jaw and the lower portion of the facial bones, are several pieces of silver or gray colored tape. There is also hair that is extending over the skull.
Another photograph was taken from above of the skull. The items that appear to flow down from the top of the skull are strands of hair. A hair mat is at the bottom of the skull.
Another photograph was taken of the skull from the side. (Casey's head is down). It showed the right side and back of the skull, and in this photo you can see the multiple strands of hair that go over the skull as well as a good picture of the mat of the hair that is now at the bottom of the skull and then towards the right of the skull.
Several other photographs of the skull were shown, from various angles, with descriptions of hair, duct tape, hair mat and plant roots that were intertwined with the skull. Dr. Utz removed the hair mat from Caylee's skull. He said that the pieces of tape were taped together, and there appeared to be three pieces. He was not the one though, who separated the tape pieces. Dr. Utz said that it was unusual to find the skull's mandible still attached to the skull when the remains were in the condition that Caylee's were (probably because it had been attached to the skull with duct tape).)
DUCT TAPE, UP CLOSE
(Once Dr. Utz removed the tape from Caylee's skull, it was photographed on its own. The DUCT tape appeared to have been taped all the way around of Caylee's skull. On its own, the taped pieces formed a circle form). The tape had a logo stamp on it showing that it was a Heinkle tape. After photographing the tape, it was packaged and sent to the FBI).
(Another photograph was shown of the canvas laundry bag that held the body of Caylee. It was photographed by Dr. Utz. Its opening has a rigid opening, like the mouth of the bag had a plastic ring sewn into it to keep it open, and the bag had some sort of coating on it, making it resistant to moisture).
(Next photograph is a black trashbag. Dr. Utz noted that both this bag and the canvas laundry bag had tears in them, which could have come from animals tearing through them).
(Next photograph appeared to be a second trash bag, which was also found at the crime scene).
(Next photograph was a child's short pants, which were very soiled and torn apart.)
MID-AFTERNOON RECESS CALLED
CASEY WAS REPORTED TO HAVE GOTTEN ILL. COURT IN RECESS UNTIL TOMORROW MORNING.
Dr. Drew said that he would have thought that Casey Anthony's reaction to Caylee's remains should have been, in his opinion, more along the lines of how Cindy Anthony reacted when listening to the 911 call.
JOSE BAEZ'S SIDEBAR COMMENT RE: KEEPING CASEY'S HOT BODY CONTEST DANCING PHOTOS OUT OF COURT
Here's a recent sidebar quote from Jose Baez regarding the upcoming photos of Casey Anthony dancing at Club Fusion for the Hot Body contest. Jose said "As far as the pictures of her dancing, there are certain members of the jury that may find this offensive, that my client is a lesbian. Many members of this jury whose average age is 50... would be extremely offended."
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