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June 25, 2011

Casey Anthony Murder Trail Day 28: Court in Recess Until Monday by Judge Belvin Perry for a Legal Issue that Has Arisen

Posted in: Casey Anthony,Caylee Anthony,Crime,Facebook,Judicial,Justice,Legal - Court Room - Trial,WTF,You Tube - VIDEO

Casey Anthony Murder Trial Day 28: Judge Belvin Perry issues surprise recess until Monday over Legal Issue.

What Legal issue could have been so big and damning that could have closed down the trial for the day? This has to be bigger than just a discovery issue.

Just yesterday Judge Belvin Perry was discussing with lawyers from the State and Defense a time line as to when the Defense would finish their case, the State would do their rebuttal case Wednesday and Thursday, closing arguments would be on Friday and the judge would provide instruction to the jury and the case on next Saturday. So much for the best thoughts of mice and men. This morning, Judge Perry recessed the trial until Monday after continued sidebars and closed door meetings in the Judge’s chambers.

Casey Anthony’s murder trial was unexpectedly recessed only 45 minutes after it was supposed to start. Saturday marked day 39, including jury selection, of her trial.

Casey Anthony’s murder trial on Saturday started with undisclosed, closed-door meetings with Judge Belvin Perry.

Casey walked into the courtroom wearing a lavender, long-sleeved shirt and gray slacks, shortly before 9:00am when court was suppose to resume. George and Cindy Anthony were present in the courtroom.

Casey, along with her attorneys, was gathered in Judge Belvin Perry’s chambers. Casey eventually walked back into the courtroom, clearly upset, and began tearing up and dabbing her eyes with a tissue.

Speculation is abound as to why Judge Perry would have recessed the trial until Monday. Perry has been a stickler to a time line and for the case to progress in a timely fashion in this capital murder case with a sequestered jury. What could have been the legal issue that was so important that would halt the trial today, especially since it was supposed to be a full day in court today?

We presently do not know what the legal issue is; however, we know what it is not. It appears that there was an issue this morning with discovery of Defense’s expert witness, Dr. Kenneth Ferton. State prosecutor Jeff Ashton brought the issue up this morning (VIDEO 00:35) that at 8:40 this morning he was provided by the defense that was supposed to be used by defense expert Dr. Kenneth Ferton. Supposedly the witness was going to supply testimony that was not in his initial reports or deposition. Judge Perry stated that Ferton would not be allowed to testify today that is not in his report. Defense attorney Baez added his two cents and excuses as to why there appears to be yet another discovery issue that went against the court’s order causing Judge Perry to state the following, “You think this would’ve grown old by now, but I guess some things never change.”

Then the lawyers with Casey in tow was asked to go back into the Judge’s chambers with the court reporter. Oh to be a fly on the wall in Judge Perry’s chambers right now. The judge and lawyers then came back to the court room with 6 or 7 witnesses waiting in the court to testify … Judge Perry recessed court until Monday due to a legal issue unrelated to the one discussed earlier this morning.

The speculation is on as to what has caused the recess? Follow the discussion at Scared Monkeys Crime/Missing Persons Forum.

UPDATE I: Was there witness tampering or tampering of witness sequestration?

Is it possible that a witness has been contacted by the State or the Defense? Or have witnesses colluded with one another as to their testimony in the Anthony’s possibly circling the wagon to ensure that Casey not be found guilty and face the death penalty.

It has to be a truly big issue as the Court is not allowing any transcript be released to the media as to what occurred in Judge’s chambers. Also, Judge Perry has made sure that this train run on time and with 5, 6, 7 witnesses ready to go and waiting to testify … the trial was recessed. Speculating here, it would lead me to believe that this legal issue has something to do with an attorney’s actions. Also, why would Casey be weeping from coming back from the Judges chambers this morning? One would have to believe that this is pointed at the Defense.

Casey eventually walked back into the courtroom, clearly upset, and began tearing up and dabbing her eyes with a tissue.

UPDATE II: Bill Sheaffer analysis (VIDEO) of this morning events.

UPDATE III: More speculation … Did the defense file a motion in trying to disqualify the Judge? Could Baez and the Defense be so ballsy to have done such? My thought is no.

Could Judge Perry be fed up with Jose Baez, his continual disrespect for the court order and now be concerned that Baez is so improper in his preparation for the defense of Casey Anthony, that he feels that he cannot provide Casey with the proper legal counsel needed in a murder trial with death penalty ramifications? Watch the VIDEO (7:35) from today where Baez actually started lecturing Judge Perry what the Defense is going to do and not going to do. This is unreal on the part of Baez. Does Jose Baez think being disrespectful to the court is going to benefit his client? Does Baez think he can actually bully the court? Please!

Or could this all be about defense attorney Cheney Mason (VIDEO 9:10), he asks Judge Perry to approach sidebar on a completely different subject. Could Mason want off this trail or could there be a riff or does Casey want Mason out? Mason’s cross of Dr. G was a disaster and yesterday when doing direct of OCSD police officer Ryan Eberlin.

UPDATE IV: Is there a plea deal on the table? Could the State be offering a plea and giving Casey the weekend to think about it?

UPDATE V: From The Orlando Sentinel: Casey Anthony: Why did court recess today? A very big deal?

“This is a very big deal,” WKMG legal analyst Mark NeJame said. “The record is sealed and so are the attorneys’ mouths.”

NeJame speculated that the issue deals with a fundamental aspect of the case. “One has to imagine it’s being worked on over the weekend,” NeJame said. “Something is in play. Something has to be fixed or addressed.”

Pipitone and NeJame eliminated certain possibilities: Could it be a possible plea, jury tampering or illness? Everyone said it’s a legal matter. The court reporter had left, so it isn’t likely to be jury tampering. NeJame said a plea was a remote possibility. ”The issue is what else is out there?” NeJame said.

WESH-Channel 2’s Amanda Ober explained that Perry was ” very frustrated” over another discovery issue: The prosecution complained that it had not been informed of a defense witness’ opinions.


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