In his final ruling after the State rested its case, Judge Belvin Perry rejected an application by the defence for the case to be dismissed.
Today, Wednesday, the court had been in session less than half an hour when the State of Florida rested its case against Casey Marie Anthony who is charged with the murder of her two year old daughter, Caylee. Telling them the court would be concerned with lengthy legal matters to which they could not be privy, Judge Perry dismissed the jury with the warning not to discuss or read about the case in any way. He mentioned particularly Twitter and Facebook. Perhaps recent events in the UK have come to his attention?
After the jury had left the court, Cheney Mason stepped forward to argue that the State had not made out its case, and that his client should be summarily acquitted. This submission was ambitious to say the least, and included the claim, which was advanced at an earlier stage, that Casey Anthony had not been read her Miranda rights by Detective Yuri Melich during his frantic efforts to locate her daughter, whom he probably suspected was dead but had to assume was still alive. Therefore, the statements she made at that time should have been inadmissible. Although this claim may be technically true, it is difficult to see how it could possibly help his client because Anthony did not and never has confessed to murdering or killing her daughter in any manner, a point Cheney himself made shortly.
In its response, the State argued that it did not have to rebut every possible scenario by which Caylee could have died accidentally, and that it was now admitted that the original cause of death - Zanny the nanny – did not actually exist.
After hearing both sides, Judge Perry called a recess stressing that he was not only familiar with most of the cases cited by both sides but that he had reviewed the testimony over the weekend. At this point it looked as though to have even the slimmest chance of beating the main charge, first degree murder, Casey Anthony would have to testify.
On the court’s resumption, Judge Perry lost no time in making his ruling, which amounted to a summary if extremely lengthy dismissal of the application. All the issues raised by the defence were matters for the arbiters of fact to decide, the jury. After delivering this ruling, he said the court would be in recess until 9am, when we will see if Messrs Baez and Mason have the effrontery to put their client on the stand.
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