Judge: Casey Anthony is mentally competent
ORLANDO, FL
Anthony's attorneys told the judge they did not believe she was
competent. They said that assessment was based on their privileged
communication with her but did not elaborate in a motion filed
Saturday and sealed until the judge ruled Monday.
The motion halted what had been expected to be a full day of
testimony Saturday by witnesses. After meeting with attorneys,
Judge Belvin Perry told courtroom attorneys and spectators that a
"legal matter" had come up that would delay proceedings.
Perry asked for a review of whether Anthony could comprehend the
charges against her and the possible penalties, and if she could
testify relevantly if called to the stand. Anthony was examined by
three psychologists over the weekend. After reading their reports,
Perry ruled Monday the trial should continue.
"Based upon the reports that the court has reviewed, the court
will find that the defendant is competent to proceed," Perry said
at the start of Monday's hearing, the 29th day of testimony.
In a separate motion, Anthony's attorneys asked the judge to
declare a mistrial and select a new jury. The new jurors would not
be asked before being selected whether they would be qualified to
consider the death penalty.
The attorneys sought the motion based on a ruling by a federal
judge in Miami last week. It declared Florida's death penalty
unconstitutional because jurors are not required to say what
aggravating factor or factors led them to recommend death.
Judges, though, are required to explain why they impose death
sentences. They aren't required to follow jury recommendations but
must give them great weight.
The ruling does not automatically void Florida's death penalty
law. Anthony's attorneys have asked for a hearing on the motion but
it had not been scheduled as of Monday afternoon.
Anthony has pleaded not guilty to first-degree murder and could
face the death penalty if convicted of that charge. Her defense
attorneys claim her daughter Caylee Anthony accidentally drowned in
the family's swimming pool. Defense attorneys also contend that
Anthony and her father, George, covered up the accident.
George Anthony has denied any such theory.
Detective Yuri Melich of the Orange County Sheriff's Office was
the first witness to take the stand Monday.
Under questioning from Anthony's attorney, he conceded that he
had never examined George Anthony's cell phone records and that a
cadaver dog never sniffed out cars driven by George Anthony and his
wife, Cindy.
Melich also said he had mixed up the dates he gave the jury for
when he took Roy Kronk's deposition, and that he never asked for
Kronk's cell phone records or confiscated his computer. Kronk is
the meter reader who found Caylee's body in a wooded lot. Melich
said it was not intentional but he had the dates mixed up.
Also testifying for the defense Monday were Kenneth Furton, a
chemistry professor at the International Forensic Research
Institute at Florida International University and an expert on
chemicals and human decomposition.
Furton told the jury that the same chemicals found in human
remains were also present in the trash found in Anthony's trunk. He
said fatty acids in Velveeta cheese and salami, both found in the
trunk, are identical to the compounds found when a human body
decomposes. He also said that chloroform can be found at very high
levels in common household cleaners like bleach.
When a prosecutor asked if the chemicals in the trunk could have
been caused by anything besides a decomposing body, Furton answered
that a similar chemical finding could come from a combination of
trash, gasoline and household cleaners.