Casey Anthony's Lawyers: FBI Botched Case

Call for Main Charges Against Fla. Woman Accused of Killing her Two-Year-Old Daughter to Be Dropped

(CBS/AP)  Attorneys for a Florida woman charged with killing her 2-year-old daughter are questioning the handling of evidence in the case and calling for first-degree murder and abuse charges against her to be dropped. That would effectively take the possibility of an eventual death penalty off the table.

Casey Anthony's lawyers filed the motions a day after the State Attorney's Office released hundreds of pages of documents related to the case.

Anthony's attorneys said prosecutors can't prove first-degree murder was committed or that Anthony ever abused her daughter, Caylee.

"Specifically, the state cannot establish whether Caylee Anthony's death was accidental, natural, or the result of an intentional or negligent homicide," they said.

On "The Early Show" Friday, Todd Macaluso, a lawyer for Casey, said bluntly, "Casey Anthony is innocent, she will be proven innocent. The state has not produced any evidence whatsoever to prove their case. The case should be dismissed."

The 23-year-old woman has pleaded not guilty and claimed that a baby sitter kidnapped Caylee.

The toddler's remains were found last December, five months after she was reported missing, in woods near the home where she lived with her mother and grandparents. Although the death was ruled a homicide, a specific cause was never determined.

Meanwhile, an attorney for Anthony's parents released an FBI forensics report that he said shows duct tape found with Caylee's remains doesn't match duct tape found at the Anthony home, key evidence in the state's case.

The forensics report released by attorney Brad Conway appeared to contradict an earlier report that had determined the tape on the skull and that found on gas cans at the Anthonys' house originated from the same roll of tape.

Also in focus -- DNA found on the tape that doesn't match any member of the Anthony family, but is a match for an FBI lab technician who handled it.

"If there's an FBI analyst's DNA on a piece of tape that's a critical piece of evidence, that's bad news for the prosecution," says CBS News legal analyst Lisa Bloom.

Forensic tests on Casey's car revealed the presence of chloroform, and evidence of human decomposition. But an internal FBI e-mail cited by Casey's lawyers says hair found in the car that's microscopically similar to Caylee's isn't from her.

The defense argues much of the case is circumstantial, and there's a lack of physical evidence implicating Casey in her daughter's murder.

On "The Early Show", co-anchor Maggie Rodriguez asked Macaluso and fellow Casey Anthony defense attorney Jose Baez how they will "explain the fact that Casey did not report her daughter missing for a month, that she was out partying when Caylee was supposedly missing, and that she lied to investigators trying to help her find Caylee?"

Baez responded, "We feel that Casey has a very compelling reason for her actions, and we plan on laying them out at trial. That's the proper place for us to lay out a defense."

[pittsburghmom]

You know, I just don't understand the people who seem to have no compassion for Caylee. Someone killed this innocent child. She deserves justice. Whether it was her own mother or not, it is not fair to this baby. I do not hear of any other suspect other than her own mother and I still do not understand the arguing back and forth in this case. Why can't the grandparents and relatives find the "real killer" of this child? There has never been any one other than Caylee's mother that is a suspect. I also cannot understand why Casey herself does not have more information on the real killer so that she can be set free. I just don't understand why she won't tell anyone or try to help herself to get out and get the real killer in!

I feel terrible inside when I read some of these post from people who do not seem to care about Caylee at all. This is so so sad.

I hope that there is justice for this baby, can't the defense see this in spite of everything? How cruel for this child to have had her life ended this way and how cruel for her mother to not help seek justice for her own flesh and blood. I just don't understand.

[funnybunny36]

Fry Her! She is a liar there is nothing else to say. Her family is crazy. Did anybody forget how she accused her dad and brother for sexually touching her inappropriately...Or did they even forgot her lies. This is a stupid case, She killed her kid and never showed any remorse for her dead daughter. Who justs laughs with detectives while your 2 year old is missing. She is sick!!!!!

[justmadness]

Joker, if no one else will step up and like to put an end to her charade I would LOVE too. She nothing but a lying, self centered murder that deserves nothing better than the death penalty.

20 something years old with a child, which she didn?t care about, no job, oh, excuse me her job was to steal from family and friends!

What do you suggest ?Mother of the Year?? You must be joking!

So to answer YOUR question; Would you be the kind of person to kill another just because you find her guilty reguardless of evidence supporting her innocents?

YES! I WOULD HAVE NO PROBLEM!!!!!! She?s long over DUE!

The only plus is Caylee is in peace away from the monster that killed her and the monsters that didn?t protect her, RIP little one.

[catladydi]

The common thread in this case is LYING. Casey started LYING from the start to get out of her crime. Her parents started LYING once they knew they had to save their daughter from LWOP or death. And the attorneys are LYING trying to put spin on this case and get their client "off." It's what these people due. LIE, LIE, and DENY. The evidence (circumstancial or not) doesn't lie, guilty people do.

[lucymoo]

I have watched this case day in and day out. There is absolutely no question in my mind that Casey Anthony is guilty. She is a true psychopath. I think they will convict her without a doubt. I think this one deserves the death penalty.

[summer6611]

jbright9,

The answer to your question regarding why Nancy Grace can't find anything else to talk about lies right here in lucymoo's post. It's because of people like her all over this country giving her ratings and convicting people in the media instead of waiting for a trial.

[jbright9]

I don't know what the truth is in this case but I am tired of these cases being tried on TV. I can't believe Nancy Grace's show on CNN can't find anything else to talk about for months and months except Casey Anthony. It is very sad that this little girl is dead but our public attention could be better served elsewhere.

[summer6611]

Amen.

[thejoker12]

Lori how do you know she was a dead beat mother? You do know the meaning right? Casey was her only parent. The child didn't look starved to me. She isn't wearing tight, soiled clothes. She appears happy in the photos. Grandparents evidentlly have little to do with the child because they didn't insist to see their granddaughter and Casey had to steal to make ends meet. How do you define dead beat? If poverty means dead beat then heck I know some dead beats at my childs school. Maybe you should insist the parents "rot in jail". Yes Lori it appears most of the world has gone retarded because so many have convicted Casey from the get go. Before the body was ever found. I love how protesters harrassed the Anthony's. One mother even dressed her teen aged daughter up to look like the toddler. If that isn't sick I don't know what is!

[jeansee7]

Because Cindy and George supported this child not CASEY!!!!!Living at home with her grandparents....

[thejoker12]

I didn't know that all I had to do was provide a roof over my childs head and food to fill my childs tummy was all I had to do. Gosh all those years I spent on clothes, day care, doctors and hours of my time entertaining. JEAN, HOW MUCH MONEY DID GEORGE AND CINDY GIVE CASSEY ON A MONTHLY BASIS? Evidently very little or Cassey wouln't have had to steal. Minimum wage checks don't go far but public aid checks and services go farther. Give me a dollar figure Jean.

[Lori2009]

Blah blah blah-- Casey is Guilty of being a Lying Dead Beat Mother- Hope she rots in jail... No One else killed her daughter, come on ppl, has the World really gotten that retarded. Who cares what she has to say in court, she should have said something to cops when she was questioned instead of giving the run around or giving lies.

[summer6611]

Yeah, sure.. blah blah blah, who cares what she has to say in court! LOL. Amazing. We live in AMERICA where we have a justice system, and yet, ignorant American's everywhere do not want to see it used correctly.. just let the ***** rot in jail, we've heard enough in the media. LOL LOL LOL. I will assume you will not be an attorney someday.

[CelesteBlueDawn]

By saying they want it dropped totally they are ACTUALLY asking for it to be dropped down to a lesser charge. They know their client is guilty, just as everyone else does, and just like everyone else knows there IS solid eveidence against her! There is SO much more that has not been revealed and so much more that Baez & crew are trying to hide. It will ALL come out, watch! Karma is karma, what you spew out into the world will come back; good or bad... =)

[summer6611]

There is this little thing in FL called "discovery". That means that everything that the prosecution has, has been revealed. There is not "so much more that has not been revealed".... thanks to the discovery laws in FL. The trial was set for the 12th. The prosecution is only given a certain amount of time to complete their discovery. Which means there is no "surprise evidence". The only thing we have yet to hear is the DEFENSE.

[whitetigerjasmine]

I am all for Casey's Lawyers. You have to give them a chance. Have you EVER thought about the chance of the FBI botching up the case? Maybe that is why there is SOOOO many innocent people that are locked up everyday because they just want an open and shut case. FBI have made mistakes before.. no one is freaking perfect! You people that are judging Casey before the trail are nothing but hypocrites! What if she is your sister.. cousin.. best friend?! Would you still cast her down like she is the bloody Satan himself?! No! If you are going to judge her, then judge yourself! You are no better than a freaking cop who abuses their power. You have to think that everyone is the bad guy and automatically assumes that that person is a rapist or a killer! America has gone down to a ******** because of this kind of thing. People are too quick to judge one other.

And Joker, I agree with you. There is no proof whatsoever that is connected to Casey. She loved that little girl. She had a breakdown the day that they had found her! Is that a mother who killed her child?! No! Read the facts, everyone. You look through the FBI's documents and come back and tell me if there is such a case against Casey.

[omgreally]

You and the Joker must be Cindy & George Anthony! Gimme a break!

[thejoker12]

Since the only DNA evidence on the Duct tape is the FBI lab technicians' may be he knows more about the childs death than the mother. I don't think she murdered her daughter or had someone else do it. No one writing on this sight smelled the car to determine if it smelled like decaying human or other. No one writing on this sight ever knew the young woman and her daughter to make character statements against the mother. All you know is that a child is dead from unknown circumstances and the primary care giver is inconsistant in her alibi. that inconsistancy may have stemmed from the stress of finding out the person she left her child with was criminal. Those pictures of her partying while her child was missing is misleading you to believe she was aware of her childs endangerment. That woman was unaware of what was taking place. Forensics can determine how people die centuries after the fact in cases of physical assault and poisons. May be some of you can shed some light on how the child died. If the mother stored the body in the trunk of her car for a while the murder wasn't well planned was it? Part of the plan would be how to dispose of the body. I might have fed the child to the crocs. Well, lets here some of your idea senerios of why there is no evidence of how the child died and why she was left to decompose in the trunk of the car.

[summer6611]

Very good post.

I have been a victim of speculation... and of people not knowing facts... I prevailed. No, it wasn't a murder case, but a custody case... and Courthouses harbour some of the dirtiest, sleaziest, lying dirtball attorneys known to man.. who can and WILL take a tiny fragment or fragments of information or "evidence" and add a CRAPLOAD of speculation to it.. omit facts and mitigating factors and spin the **** out of something to make it something awful when it was nothing at all. For example. I was pulled over and arrested for driving while impaired. I was leaving a restaurant after having a few drinks. This is something almost everyone does... and many are given tickets for... but because I have a child and was going through a divorce, my ex and his attorneys attempted to make me appear to be an alcoholic. They took this ticket, along with old pictures of me when I was very young holding beers... etc.. to portray this image of me. I am 95 lbs and stand 5 ft tall. It doesn't take much for me to be above the legal limit. I made a poor choice, but it no where NEAR makes me an alcoholic, a drug addict, or a neglectful parent because of that choice. Casey lied, and handled things incorrectly, and perhaps she was seen partying..(keep in mind those pics could be older).. that does not mean she killed her child.

[Hez587]

If she did kill Caylee, she did it on impulse. Which would explain why Caylee was in her trunk. Casey seems like the type to be very impulsive. In the Florida heat I'm sure it doesn't take long for a body to begin to smell. Caylee could have been in there only hours before she was disposed of. Now if Casey left Caylee in a hot car and she accidentally died why the heck don't Casey just say so. If she get's death it's her own fault for being a pathetic liar. I'm pretty sure a cop and a nurse have an idea of what a dead body smells like. I think there is a lot more to this case than anyone knows right now. The truth will come out eventually.

[stuart-johns1]

Well the buzz around here, near where this crime took place, is that she is as guilty as the day is long. I was'nt at the crime scene myself when it happened so I have no determination.

But it sure does'nt seem to many people that she is innocent. And if the FBI DID botch this investigation it will still not prove her guilt or innocence.

[summer6611]

Well, the FBI botching the job is one thing.. the fact that they aren't finding any DNA or prints or a match to the duct tape shows that there is a lack of evidence proving guilt... could mean she is innocent... the prosecution is just as happy about the delay of this trial as the defense.... they need more time to gather CONCRETE evidence. No one wants a guilty child killer to walk, and no one wants an innocent person to be executed. This is why we have a trial.

[stuart-johns1]

Yes summer I am fully aware of that. Thank you. I just don't know how anyone could look that angelic little girl in those beautiful big brown eyes and harm her. Man...everytime I hear a story like this I can only shake my head.

[goodoleboyDM]

I believe there is still someone out there, who helped her cover up the case and evidence that still hasn't been identified by officials.

[cloe23toe]

I think a child found dead double bagged like garbage is proof enough that her death wasn't natural! What the heck are her lawyers talking about? Caseys behavior is what has her in the situation she's in now! Her mother even said it (in the beginning she says this to Casey during a jail visit). Caseys lying is what got the fingers point in her direction! Innocent people have no reason to lie! They can keep repeating that crap about her fearing for her life and that of her family all they want..Her family isn't in protective custody so clearly there is no threat to their lives! Stealing and partying...and not even bothering to look for her own child can't easily be explained away! Sure there have been some serious screw ups with the case...ON BOTH SIDES! Casey could have began this whole thing by calling when her child first went missing, telling the truth and cooperating with the authorities. If she had she'd be a free woman right now.

[summer6611]

You are right... she could have called when she first went missing.. just because she didn't does not mean she killed her child. Liar does not equal murderer... she has a personality disorder in which she lies profusely, but that does not mean she is guilty of murder. She's been lying all of her life.

[Dingomama]

Casey Anthony will get off scot-free on a technicality? Injustice if I ever saw it -- sorry, I like due process as much as any American, but check out the Orlando Sentinel's excellent coverage including audio of her interviews with investigators and decide for yourself. This woman is heartless and cold, calculating and a complete and utter liar. I believe she killed her baby daughter. You can't miss the photos of her partying while her daughter was missing for 5 weeks and she never called the police. It's horrifying.

[summer6611]

The Orlando Sentinel is, in my opinion, one of the most unreliable and most biased news sources.

Nobody gives a damn about this little harlot. This all about the money, the book deal and the movie deal. These lawyers talk tough but they got nothing, the evidence will eat them alive and just wait till the Jury sees the video of her freaking out when they found the remains of her daughter.
She will never serve a life sentence, she will get her due in a prison yard. Posted by Cindyhater

[thejoker12]

Will you be the one giving her "DUE"? Would you be the kind of person to kill another just because you find her guilty reguardless of evidence supporting her innocents?

[summer6611]

Even if she is convicted, she will never "get her due" in a prison yard, because she will never be put in general population.

[Ann-Tx]

I am somewhat puzzled here. Baez and his team convinced Judge Strickland they needed extra time to prepare for Casey's Death Penalty case which he granted. The following is my opinion: What are they doing in New York on two major networks "trying the case" on TV? It is my understanding a trial date will be set in a January, 2010 court hearing. Will Baez and team be whining to Judge Strickland they need another 6 months to prepare for the trial? I would think they would not have time to make TV appearances. Were they paid blood money, at the expense of Caylee, in the form of "licensing fees"? Frankly, I think it is very unethical and disgusting!

The prosecution is not making TV appearances, yet Baez, the Anthony's, Brad Conway has and Baez filed a motion stating Casey can not get a fair trial and wants a change of venue! Please! How ludicrous!

What happened to the Defense's "Nanny" story? They finally figured out that Casey is a liar and a sociopath? If Casey is innocent as Macaluso stated, then why aren't they presenting their proof and demanding the immediate release of Casey? NOT! Why would they let their client stay in jail, eating Twinkies and Cheetos, if she is innocent?

What forensics do they expect when Caylee was in the trunk of Casey's car, sacked up in garbage bags, thrown in the woods where she would use to bury her pets, body under water and then torn apart by animals and scattered all over the place? I think it is deplorable that when her scattered skeleton was found there was grasses/weeds growing thru her skull!

I hope Casey is found Guilty and executed for the death of her innocent daughter. Caylee Marie Anthony is the only innocent one in this case! Justice for Caylee Marie Anthony!

[thejoker12]

Was the body sacked up in garbage bags in the trunk? Where did you read this information? For some reason I thought she was wrapped in a blanket. What do you think took her so long to dispose of the childs body?

[justice4caylee2009]

Sean49z

I've worked with people with mental illness including schizophrenia...and I'm not a doctor, but she exhibits NONE of the characteristics of being THAT mentally ill. Is she a sociopath..YES..is she a habitual liar and thief...YES. Just my opinion of course, but there is no doubt in MY mind that she killed her OWN DAUGHTER so she could continue being a party girl. Little Caylee just got in her way. How sad is that????

How does Baez and his DREAM ON Team plan to refute the fact that Casey never reported Caylee missing to authoritites???

That alone speaks volumes of Casey's demeanor.....pretty f'n pathetic. I hope she fries.

[stuart-johns1]

Good post.

[summer6611]

Guess you will have to wait for the TRIAL to find out. Until then, you'll do what all the masses do.. you will speculate and feed into all the media spin.

[nirak2-2009]

Nice spin Defense!!!!
However it will not work. Your client is GUILTY AS SIN!!!

[lovinglittlecaylee]

Casey Anthony will be found guilty. Baez is so desperate that doesn't know whatelse to do to save Casey. There are some many evidences that show she is so guilty.
Caylee deserves justice.