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FL v. Casey Anthony (2011): Detective Yuri Melich Testifies — Transcript

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0:02My name is Yuri Melich, Y U R I M E L I
0:07C H.
0:10All right, may I proceed, Mr. Drake?
0:13Thank you.
0:17Good afternoon.
0:18Good afternoon.
0:19How are you employed, sir?
0:21I work with the Orange County Sheriff's
0:22Office.
0:23How long have you been employed with
0:25Orange County?
0:26Just under 10 years since October of
0:272001.
0:28Okay. Do you have an assignment with
0:31them currently?
0:32I do.
0:33What is that?
0:34I work for the professional standards
0:35section, better known as internal
0:36affairs.
0:38In July of 2008, did you have a
0:41different assignment?
0:42I did.
0:43What was that?
0:44I was a detective corporal in the
0:45missing persons child abuse unit.
0:48Okay. Can you explain for the jurors
0:50what the responsibilities of a
0:53detective corporal in that unit would
0:55entail?
0:56Along with supervisory responsibilities,
0:58we had three detectives and four
1:00civilians under our command.
1:02We also investigated cases of missing
1:04persons and investigated allegations of
1:07child abuse.
1:10As of July of 2008, how long had you
1:14had that assignment?
1:16I was promoted and transferred there in
1:17April of 2008.
1:22Okay. Prior to your promotion,
1:24what background did you have with the
1:26Orange County Sheriff?
1:28For just over 2 years, I worked with the
1:31homicide division.
1:34What else?
1:35Prior to that, I would spend a year
1:37working as a detective in East Side
1:39Property Unit.
1:41What is that?
1:43Investigating property crimes on the
1:44East Side of Orange County.
1:46Okay. Burglaries, things like that.
1:49People's residences.
1:51Break-ins at houses and things like
1:53that.
1:53Yes, that's correct.
1:57Prior to uh your assignment as a
2:00detective, did you work in patrol?
2:03I did.
2:10On July 16th of 2008, did you receive a
2:15call from then Sergeant Reginald Hosey
2:19regarding
2:20um the events occurring at
2:254937 Hope Springs Drive?
2:27I did.
2:29As a result of that call, uh did you
2:32respond to 4937 Hope Springs?
2:35I did.
2:36Do you recall what time you arrived on
2:39scene?
2:39Uh just before 4:00 in the morning,
2:41before between 3:30 and 4:00, 3:51, I
2:44believe.
2:46When you arrived there, did you meet
2:48with an individual by the name of Casey
2:50Anthony?
2:51I did.
2:54Did you become aware that she had given
2:58any sort of written statement in regards
3:01to the events that the patrol officers
3:04uh were investigating?
3:06Yes.
3:08If I may approach the witness, Your
3:09Honor.
3:13I'm going to show you what's been marked
3:14as KI for identification.
3:22I do.
3:24Were you provided with that upon your
3:25arrival um
3:27that morning?
3:30Yes.
3:30Okay. From the uh patrol deputies who
3:33were there?
3:34Yes.
3:36Did you show it to Casey Anthony?
3:39I believe I did because
3:41I ended up referring to it in a later
3:43interview with her, so yes.
3:44All right. Um after showing it to her,
3:47did you ask her if this was in fact her
3:50statement?
3:51Yes, I did.
3:53Did you ask her if she wrote it herself?
3:57I did.
3:58Okay, and did she adopt that statement
4:00as being one that she had written out?
4:03Yes.
4:04Your Honor, at this point I would seek
4:06to introduce K I for identification into
4:08evidence.
4:10What says the defense?
4:12We would object as to the proper
4:14predicate.
4:15This detective does not know the
4:17circumstances surrounding how that
4:19statement was taken. It's not the
4:21officer who took the statement.
4:35Response from the state of Florida?
4:37Your Honor, the witness has indicated
4:39that
4:40these statements were adopted in their
4:42entirety by Miss Anthony, that he had
4:44shown her the statement, asked her if
4:46she wrote it, and if it was in fact
4:49her statement. They are adopted
4:51admissions.
4:54Any additional objection besides not a
4:56proper predicate?
5:00No.
5:02Okay, based upon that objection, the
5:03objection will be overruled. It'll be
5:05received in evidence as
5:10Okay,
5:11mark it, Madam Clerk,
5:13then we can hand it back to the witness.
5:21I'm sorry, that's number 60?
5:23Yes.
5:28Permission to
5:30publish 60 in evidence to the jury, Your
5:33Honor.
5:48One moment. If may have a moment.
5:50Yes.
5:55Actually, Judge, I have an objection I'd
5:57like to
5:58Is saying that
6:03Is saying
6:23My previous motions and objections.
6:26Okay, renewed
6:28objection same prior ruling.
6:31Thank you, Mr. Baez.
6:34Can we have a moment to set up the
6:35document camera? Apparently, there's a
6:37slight technical difficulty with trying
6:39to display it on the monitor. I
6:41apologize.
6:43Yes, ma'am.
6:49Detective
6:50Melich, you
6:53see the document in front of you?
6:55I do.
7:15Read, if I may, Judge.
7:17You may.
7:17Can you
7:19read to the jury
7:21this Anthony's statement?
7:31On Monday, June 9th, 2008,
7:34between 9:00 a.m. and 1:00 p.m.,
7:37I, Casey Anthony, took my daughter,
7:40Caylee Marie Anthony,
7:42to her nanny's apartment.
7:44Caylee will be 3 years old on August
7:469th, 2008.
7:49She was born on August 9th, 2005.
7:52Caylee is about 3-ft tall, white female
7:55with shoulder-length light brown hair.
7:58She has dark hazel eyes (brown/green)
8:02close parentheses
8:03and a small birthmark on her left
8:05shoulder.
8:06On the day of her disappearance, Caylee
8:08was wearing a pink shirt with jean
8:10shorts,
8:11white sneakers, and her hair was pulled
8:13back in a ponytail.
8:15On Monday, June 9th, 2008, between 9:00
8:19a.m. and 1:00 p.m.,
8:21I took Caylee to the Sawgrass Apartments
8:24located
8:26on Conway Road.
8:27Caylee's nanny, Zenaida
8:29Fernandez-Gonzalez,
8:32has watched her for the past year and a
8:34half to 2 years.
8:36Zenaida is 25 years old and is from New
8:39York.
8:40She is roughly 5-ft 7-in tall, 140 lbs.
8:44She has dark brown curly hair and brown
8:47eyes.
8:48Zenaida's birthday is in September.
8:51I met Zenaida through a mutual friend,
8:53Jeffrey Michael Hopkins.
8:55She has watched his son, Zachary
8:57Hopkins, for about 6 months to a year.
9:00I met Zenaida in 2004 around Christmas.
9:04On the date listed above, June 9th,
9:062008, after dropping Caylee off at
9:09Zenaida's apartment, I proceeded to head
9:11to my place of employment, Universal
9:12Studios Orlando.
9:14I have worked at Universal for over 4
9:16years, since June of 2004.
9:19I left work around 5:00 p.m. and went
9:22back to the apartment to pick up my
9:23daughter.
9:24However, after reaching the apartment, I
9:27realized that neither Zenaida, Caylee,
9:30or either of her two roommates were
9:31home.
9:32I have briefly met Raquel Ferrell and
9:34Jennifer Rosa on various occasions.
9:38After calling Zenaida to see where she
9:39and Caylee were
9:41and when they were coming home,
9:44I waited outside of the apartment.
9:46I had called Zenaida earlier that
9:48morning prior to bringing Caylee over
9:50for the afternoon.
9:52When I called her that afternoon,
9:55her phone was no longer in service.
9:58Two hours passed and around 7:00 p.m., I
10:01left the apartment and headed to
10:03familiar places that Zenaida would go
10:05with Caylee.
10:07One of Caylee's favorite places is Jay
10:10Blanchard Park.
10:12I spent the rest of the evening,
10:14correction, rest of that evening
10:16pacing and worrying at one of the
10:19few places I felt "at home."
10:22{unintelligible}
10:23My boyfriend Anthony Lazarro's
10:25apartment.
10:27For the past 4 weeks since Caylee's
10:29disappearance, I have stayed at
10:30Anthony's apartment in Sutton Place.
10:33I have spent every day since Monday,
10:35June 9, 2008 looking for my daughter.
10:39I have lied and stolen from my friends
10:41and family to do whatever I could by any
10:44means to find my daughter.
10:47I avoided calling the police or even
10:49notifying my own family out of fear.
10:52I have been and still am afraid of what
10:54has or may happen to Caylee.
10:57I have not had any contact with Zenaida
10:59since Thursday, June 12, 2008.
11:03I received a quick call from Zenaida.
11:06Not once have I been able
11:08to ask her for my daughter
11:10or gain any information on where
11:14I can find her.
11:16Every day I have gone to malls, parks,
11:19any place I could remember Zenaida
11:20taking Caylee.
11:22I have gone out and tried to find any
11:24information about Caylee or Zenaida
11:27whether by going to a popular bar or
11:30restaurant.
11:31I have contacted Jeff Hopkins on several
11:33occasions to see if he had heard from or
11:36seen Zenaida.
11:38Jeff currently lives in Jacksonville,
11:39Florida.
11:41On Tuesday, July 15, 2008, around 12:00
11:44p.m., I received a phone call from my
11:46daughter, Caylee.
11:49Today was the first day I have heard her
11:51voice in over 4 weeks.
11:53I'm afraid of what Caylee is going
11:55through.
11:56After 31 days, I know that the only
11:58thing that matters is getting my
11:59daughter back.
12:01With many and all attempts to contact
12:03Zenaida,
12:04and within the one short conversation on
12:07June 12, 2008, I was never able to check
12:11on the status or well-being of my
12:12daughter.
12:13Zenaida never made an attempt to explain
12:16why Caylee is no longer in Orlando, or
12:18if she is ever going to bring her home.
12:22Thank you.
12:24Where did you review that statement with
12:26Miss Anthony?
12:28If I recall correctly, it was in a spare
12:30bedroom they had at the Anthony home.
12:33Okay.
12:36When you arrived at the Anthony home, uh
12:39did you ask Miss Anthony if she would
12:41speak to you about the statement that
12:43she had written prior to your arrival?
12:45If you're referring to Casey Anthony,
12:47yes.
12:47Miss Anthony.
12:48Yes.
12:49Yes, Casey Anthony.
12:51All right. Uh and did she agree to speak
12:53with you?
12:53Yes.
12:55Did you stay in what you you referred to
12:58as a the spare bedroom and speak with
13:00her further?
13:01Yes.
13:02Okay. At that point, did you uh
13:06place her on
13:08tape?
13:10Yes.
13:10Audio tape.
13:13Have you had the opportunity to listen
13:15to that audio tape?
13:16Yes.
13:17Does the audio fairly and accurately
13:20reflect the conversation that you had
13:23with Casey Anthony?
13:25Yes.
13:37Your Honor, at this point I would seek
13:39to introduce M U for identification to
13:42evidence
13:44M V being a
13:50What says the defense?
13:52We renew all previous motions and
13:54objections.
13:56Noting previous motions and objections,
13:58uh
14:00objections will be overruled and it will
14:03be received in evidence.
14:12Detective Melich, have you had the
14:14opportunity to review the transcript
14:17that was generated from the tape?
14:19Yes.
14:21And uh have you determined that the
14:24transcript is an accurate
14:28version of what also appears on tape?
14:31Yes.
14:34Your Honor, at this point I would seek
14:35to publish 61
14:39in evidence
14:41to the jury.
14:44Okay, you may publish.
14:565/16/2008. The time right now is 04:11
15:00hours. I'm Detective Melich with the
15:01Orange County Sheriff's Office.
15:03Um present here at
15:054937 Hope Spring Drive. I reference
15:09Orange County case number 08-069208.
15:12I am with Casey Anthony. Is that
15:14correct?
15:15Yes.
15:15And Casey, would you please state your
15:16birthday for me?
15:1703/19/1986.
15:20Okay. Casey, do you understand this is
15:22being recorded? do
15:23you have any objection to that?
15:24No.
15:24All right. Okay, so I got called here in
15:27my sergeant Reggie Hosey with the Orange
15:29County Sheriff's Office in reference to
15:30a missing child. We sat here and and
15:32talked for a short moment before we went
15:35on tape because I wanted to make sure
15:36that your sworn statement, which I'm
15:37looking at, was accurate. I'm looking at
15:40four pages of a sworn statement. On the
15:42bottom it appears to be your signature,
15:43is that correct?
15:44Yes.
15:44Okay.
15:45And you're saying that everything
15:47contained in these statements are true
15:48and accurate?
15:49Yes.
15:50Also, before I turned on the recorder, I
15:52gave you a chance cuz I wanted to
15:54explain what happens if if you make a
15:56false report or if there's something
15:57about this incident that you're not
15:58telling us the truth of.
16:00Mhm.
16:00And I wanted to make sure I made it
16:01perfectly clear that, you know, if you
16:03want to go ahead and and rescind this
16:05statement, and if you want to tell me a
16:06different story about what happened
16:08Mhm.
16:09if you're basically if you're trying to
16:11to fabricate a story to kind of make
16:14something look a little bit better,
16:15now's your time to tell me. Are you
16:17telling me that this is the story you
16:18want to stick with?
16:18It's the truth. It's the story I want to
16:20stick with.
16:22Okay. Um
16:24in your own words, let's go let's go
16:25back. Your daughter's name is Caylee, c
16:28a y l e e.
16:29Yes.
16:29Marie Anthony. She was born August 9th,
16:322005.
16:33Okay.
16:36And
16:38according to your statement back on
16:39August 9th,
16:42I'm sorry.
16:43Uh
16:44back on June 9th, 2008, you took Casey
16:47to
16:48a babysitter's house.
16:49Yes.
16:50And who was this babysitter?
16:51Her name is Zenaida Fernandez Gonzalez.
16:53Do you know how to spell the first name?
16:55z e n a i d a
16:58And where was Zenaida's Where did you
17:00drop Zenaida off? Your child off?
17:02The Sawgrass Apartments on Conway and
17:05Michigan.
17:05Do you remember the address?
17:07I don't remember the address.
17:08Do you remember an apartment number?
17:09210
17:10Okay.
17:11It's on the second floor.
17:12If you were to pull into the Sawgrass
17:14Apartments, would the building be the
17:16one closest to the road or the back,
17:18halfway
17:19as you go straight, you go over one
17:20speed bump and it's the first one on the
17:22right hand side.
17:23Okay, is there a pool next to it or is
17:25there anything about the apartment that
17:26stands out?
17:26There is a welcome sign. It's
17:28um
17:31I guess there's a little shed close to
17:33the building, maybe about 10 yards away.
17:36Okay. How long have you known Zenaida?
17:39Almost 4 years. It'll be 4 years
17:41Christmas this year.
17:42And where did you meet her or who did
17:44you meet her through?
17:45A mutual friend. His name is Jeffrey
17:47Michael Hopkins.
17:49Um I met him at Nickelodeon Universal
17:52and I met her through him. She was his
17:55son's nanny at the time.
17:56Does Jeffrey still work at Universal?
17:58No, he does not.
18:00How long has it been since he left?
18:03About
18:059, 10 months, give or take.
18:08Did he move back to Jacksonville?
18:09He moved up to North Carolina for a
18:11short time and moved down to
18:13Jacksonville
18:15within the last 3 months.
18:17When was the last time you spoke with
18:18him?
18:19About a week and a half ago.
18:21Okay. Do you know a telephone number for
18:23him?
18:25I can find a number for him. I don't
18:27know a number off hand. No, I do not.
18:30You mentioned something before we went
18:32on tape about your cell phones.
18:33Yes. I have two phones. I just received
18:37a new phone through work, through
18:38Universal.
18:40Um the
18:42phone won't keep charged, so I use my
18:44old phone that I actually had gotten
18:46again through Universal for work.
18:48Okay.
18:49You Did you lose a phone?
18:51Yes.
18:51Was it your personal phone?
18:52It was my personal phone, but I also use
18:54it for business.
18:55Okay. What's your What's the number for
18:56the phone that you lost?
18:58Um 407
18:59619
19:019286.
19:03Did you keep that same number?
19:04Yes, it's still the same number. I just
19:06lost the phone.
19:07And in that phone, you're saying was the
19:09SIM card and the SIM card had the
19:10contact information? sim
19:11is in my Nokia phone, but I know there's
19:14numbers saved to the cell phone itself.
19:16So, if we get the actual phone, I know I
19:18have one other number for Zenaida.
19:21And probably number for Jeff besides
19:24work numbers and
19:26But, they're not in your sim card?
19:28They're not saved on the sim card,
19:29they're saved on the phone. I've been
19:30trying to figure out on that new phone
19:32how to save numbers from the phone to
19:33the sim card and switch them back and
19:35forth. So, that way I have everything
19:38all in one piece.
19:39Okay. So, the phone where you had the
19:41number saved
19:42was lost?
19:43Yes. I filed an incident report.
19:45How did you end up keeping the sim card?
19:47I had taken it out. I know I left the
19:49phone on my desk at work after I'd
19:51switched the sim card back to my old
19:52phone.
19:53Because this was the phone that actually
19:55would keep charge. And I want to be able
19:57to have a working phone
19:59instead of having a phone that would
20:00only
20:02stay charged for about a half hour and
20:04then it would die and I can't make any
20:05more calls. It's for me not a
20:07So, after you after you switched the sim
20:09card, is when the phone was
20:10I left it I know I left it on my desk
20:12and I hadn't been at work for at least
20:15three or four days.
20:16And you said you made a report to
20:17Universal?
20:18Yes, with security.
20:20When was
20:20Nine days ago.
20:21Nine days ago?
20:22Yes.
20:22Okay.
20:24So, you met Zenaida through Jeffrey
20:26Hopkins.
20:26I did.
20:27And his son Zach Hopkins, I guess.
20:29Zenaida used to watch over Zach.
20:30Yes.
20:31And so, you've known Zenaida for about
20:32four years?
20:33Almost four years, yes.
20:34knew her you knew her before you had
20:36your child.
20:37Well, I met her just before I was
20:39actually pregnant at the time.
20:41So.
20:42And when did she start watching over
20:43your child?
20:45Um it's been within the last year and a
20:48half to two years that she started
20:49watching Kaylee. I had another friend
20:52watch Kaylee that I'd I've known since
20:54middle school. When she went back to
20:56school, I was looking for a new nanny.
20:58Jeff offered to have
21:00Zenaida watch both kids. She agreed and
21:03they kind of went from there.
21:05Before Zenaida started watching over
21:07your child, who the who was the nanny?
21:09Her name was Lauren
21:11Gibbs, g i b b s.
21:13And when did Lauren stop watching
21:15your child?
21:16Um
21:23maybe
21:25April of 2006.
21:28Okay. And right in April 2006, roughly,
21:31is when Zenaida started watching over?
21:33How would you normally drop off How
21:34would you normally do the exchange with
21:36your child and Zenaida? Would you drop
21:37the child off? Would you meet her
21:38somewhere?
21:39I would usually drop her off for a few
21:42months. We would go over to Jeff's
21:44house. He lived over in Avalon Park.
21:47That was
21:49a couple years ago, almost a couple
21:50years ago.
21:51And you would go to Jeff's house why?
21:53To drop off Kayleigh.
21:55That's where Zenaida would go to watch
21:56both of the kids.
21:57Okay.
21:58It was in a nice centralized area. He
22:00had a decent size house. It was good
22:02room for the two of them.
22:04Then I started bringing Kayleigh over to
22:06Zenaida's apartment.
22:07How long were you using or were you
22:09going to Zenaida's apartment? How When
22:11did you start taking
22:13Kayleigh?
22:14Um
22:18I guess maybe the end of 2006, beginning
22:20of 2007.
22:22So, since the end of 2006, beginning of
22:24'07
22:24Mhm.
22:25you started taking Kayleigh to Zenaida's
22:28house on Sawgrass.
22:30She had an apartment on
22:33I guess it's considered Glenwood, but
22:35it's off of Bambi and Robinson.
22:38Mhm.
22:38Close to downtown.
22:40She lived there for
22:42quite a few months and moved over to
22:44Sawgrass just recently, this year.
22:49Yeah, the house on Bambi. Do you
22:51remember the address? Remember where
22:52it's at?
22:53I know it's off of Glenwood. I don't
22:54remember the apartment number off hand.
22:57No, I do not.
23:00And how long would you say you dropped
23:01the child off there from the beginning
23:02of
23:03end of '06, beginning of '07 to
23:06Um
23:12He got 6-7 months to maybe the middle of
23:152007.
23:17So, she moved into the Sawgrass about
23:19the middle of '07?
23:20She's been at that apartment in Sawgrass
23:23for about the last 3 or 4 months. She
23:26lived with her mom for a little bit.
23:28Where does her mom live?
23:29She lives off of Michigan.
23:31Do you know where the house is?
23:32Um
23:35It's not a very well-marked
23:36neighborhood. It crosses just over a
23:38Conway. It's one of the big stretches of
23:40neighborhoods.
23:41Had you dropped the child off there
23:42before?
23:42Yes.
23:43If you had to find the place, would you
23:44be able to find it?
23:45Most likely, yes. I think I'd remember
23:47the house.
23:48Okay. So, she was living off of
23:49Glenwood, then moved into her mom's
23:50house somewhere off of Michigan.
23:51Mhm.
23:52And then moved into the Sawgrass.
23:54So, Sawgrass 3 or 4 months ago, off of
23:56Glenwood until mid '07.
23:58Mhm.
23:59And mom's house.
24:03Her mom wasn't living there at the time.
24:06Her mom had gotten another place with
24:08her sister.
24:10But she was staying over at the house
24:13and moved in with the two girls that are
24:15referenced in the pages.
24:19She was living with these two girls at
24:20Sawgrass?
24:21Yes.
24:21Okay.
24:22About your statement, you dropped off
24:24your uh you dropped off Kaylee
24:26on June 9th
24:28and walk me through it. You dropped her
24:30off to go to work.
24:31Mhm.
24:31Okay. Get off of work and go from there.
24:34I got off of work, left Universal,
24:37driving back to pick up Kaylee like a
24:39normal day,
24:41and I show up to the apartment, knock on
24:43the door, nobody answers.
24:45So,
24:47I call Savannah's cell phone and it's
24:49out of service.
24:51It says that the no the phone is no
24:53longer in service. Excuse me.
24:55So,
24:57I sit down on the steps and wait for a
24:59little bit to see if maybe it was just a
25:02fluke if something happened.
25:04And
25:06time passed. I didn't hear from anyone.
25:08No one showed up to the house. So, I
25:10went over to Jay Blanchard Park and
25:13checked a couple other places where
25:14maybe possibly they would have gone.
25:16Couple stores.
25:18Just regular places that I know Zenaida
25:21shops at and she's taking Caylee before.
25:25And after about 7:00 when I still hadn't
25:28heard anything,
25:31I was getting pretty upset, pretty
25:32frantic. And I went to a neutral place.
25:37I didn't really want to come home. I
25:38wasn't sure what I'd say about not
25:40knowing where Caylee was. Still hoping
25:42that I would get a call or
25:44you know, find out that Caylee was
25:46coming back so that I could go get her.
25:49And I ended up going to my boyfriend
25:51Anthony's house who lives in Southern
25:53Place.
25:57Did you talk to Anthony about uh
25:59what happened with Caylee?
26:00No, I did not.
26:01Has Anthony ever seen Caylee before?
26:02Yes, he has.
26:07Have you talked to anyone about Caylee
26:10about Zenaida and Caylee or the fact
26:12that she's missing?
26:13A couple people, a couple mutual
26:15friends.
26:16Who did you talk to about it?
26:17Uh I talked to Jeff.
26:20Jeffrey Hopkins.
26:20Mhm.
26:21I also attempted to contact
26:25Zenaida's mother and never received a
26:27call back from her.
26:28Do you know Zenaida's mother's name?
26:30Um
26:32Wow. And um
26:36I think it's Gloria.
26:39Do you know a telephone number for
26:40Zenaida's mom?
26:41I do not know.
26:42Do you have any of these numbers
26:43programmed into your SIM card that you
26:45kept into your other phone?
26:46No, I do not.
26:48How long did you have this old phone?
26:50I've had the Nokia for
26:53almost a full year.
26:55Okay. So, after a full year of dealing
26:56with Zenaida and having her baby sit and
26:58you don't remember
26:59back and forth. Zenaida's number has
27:01changed a couple different times. She
27:03switched services between having Sprint
27:06and having AT&T or Cingular.
27:08What about Jeffrey? You've known him for
27:10at least 4 years.
27:11His number has changed a couple
27:12different times from when he moved from
27:14Orlando up to North Carolina and back
27:17down to Jacksonville.
27:19I know I do have a current number for
27:20him.
27:22How would you get that number?
27:23If we can find that other phone or I
27:26might have it online, I may be able to
27:28access it off the internet.
27:30Okay. Who else did you talk to about
27:32this besides Jeffrey? Did you try to
27:33call Zenaida's mom? You talked to
27:35Jeffrey, who else did you talk to?
27:36I talked to Juliet Lewis. She's one of
27:38my co-workers at Universal.
27:42She works Do you still work at
27:43Universal?
27:43Yes.
27:44What do What do you do at Universal?
27:45event coordinator.
27:46Okay. What is Juliet? What position is
27:49she? Where she work?
27:49She's also an event coordinator. We work
27:51in the same department.
27:53Do you have a number for Juliet?
27:56Ooh, offhand.
28:01I can't think of one.
28:02in your SIM card?
28:03No, she's not.
28:05Some of the more recent numbers, her
28:07number just changed because she just
28:08moved back up north. She Within the last
28:112 months
28:13has finished moving up to New York.
28:15She's subleasing her apartment.
28:17So, Juliet doesn't work at Universal
28:18anymore?
28:19No, she does not.
28:20When did she leave Universal?
28:22About 2 months ago.
28:29Who else did you talk to about it?
28:31It's been within that small group. I've
28:35tried to find out information from
28:37people, going out to different places
28:40like Fusion Ultra Lounge and
28:43a couple bars that I know Zenaida had
28:45gone to downtown before to see if
28:48just kind of random talk if anybody
28:50heard about my nanny or talked to her
28:52lately.
28:52Did you tell anyone specifically that
28:54Zenaida took your child?
28:55No.
28:56The only two people that I specifically
28:59told were Jeff and Juliet.
29:01And you don't have a number for Juliet?
29:05Not offhand, no. I do not.
29:06It's not in your phone?
29:08It might be online?
29:09It's definitely online. I know it's on
29:11one of our old worksheets.
29:13Um her old number, which could still be
29:16active. I'm not sure if it is, but I
29:18know she does have a new number, which I
29:19just programmed into that other phone.
29:21When was the last time you talked to
29:22Julia?
29:24Um about 3 weeks ago. Shortly after this
29:27happened.
29:29So you talked to her after she left?
29:30Mhm.
29:38What's the reason I've asked you this
29:40before, I'll ask you this for the
29:41record. What's the reason you didn't
29:42call the police before?
29:44Since right now we're here because your
29:45grandparents or your your parents
29:47asked you about the child and they were
29:49concerned and didn't get an answer as
29:51far as the child was, they called the
29:52sheriff's office. Why didn't you call
29:54prior to today?
29:57I think part of me was naive enough to
29:58think that I could handle this myself,
30:00which obviously I couldn't.
30:03And
30:05I was scared that something would happen
30:06to her if I did notify the authorities
30:09or got the media involved or my parents,
30:12which I know would have done the same
30:14thing.
30:16Just fear of the unknown. Fear of the
30:19potential of
30:20Kaylee getting hurt, of not seeing my
30:22daughter again.
30:24I asked you this I asked you this at the
30:26onset and asked you before we we went on
30:27record and I'll ask you again just to
30:28make sure we're clear.
30:30Um
30:31is there anything about this story that
30:33you're telling me that is untrue or is
30:34there anything that you want to change
30:36or divert from what you've already told
30:37me?
30:37No, sir.
30:38Um did you cause any injury to your
30:40child, Kaylee?
30:41No, sir.
30:42Did you hurt Kaylee or leave her
30:43somewhere and you're worried that if we
30:45find that out that people are going to
30:46look at you the wrong way?
30:47No, sir.
30:49And you're telling me that Zenaida took
30:51your child without your permission and
30:52hasn't returned her.
30:53The last person that I've seen with my
30:54daughter, yes.
30:56What did Zenaida Does she have another
30:58job besides watching children?
31:00She has a seasonal ID for Universal.
31:04However, the only job that I know that
31:06she's had for the last few years she's
31:08been a nanny.
31:11So, seasonal employee at Universal?
31:13Mhm.
31:17When was the last time she worked at
31:18Universal, do you know?
31:19I have no idea.
31:26Does Kaylee take any medications? Does
31:28she have to suffer from any conditions,
31:29any mental conditions that we need to
31:30know?
31:31not at all.
31:33Um
31:35It was brought up before about taking
31:37some money from some people. And I want
31:39to make sure I get it on tape.
31:41Do you have any problems with drugs or
31:42narcotics, either prescription narcotics
31:44or drugs, cocaine, ecstasy, meth,
31:47anything like that?
31:47Nothing.
31:48Have you ever been
31:49Have you ever been Have you ever been
31:51committed for thoughts of suicide? Have
31:53you ever been on Lakeside, anything like
31:54that?
31:54No.
31:57Is there any underlying cause to why
32:00Zenaida was taking your child?
32:02No. Nothing that
32:04She ever make any statements to you
32:05about?
32:06Only how much she loves Kaylee and how
32:08great of a kid she is.
32:10And have you talked And when you talked
32:12to Jeffrey afterwards, I'm assuming that
32:13Jeffrey's child is still with him.
32:15His child is still with him.
32:17Okay. You said Zenaida had family up in
32:19New England, up in New York or
32:21something?
32:21Yes, she has family down south, her
32:23mother and her sister.
32:25Her brother's in New York. She's
32:27originally from New York.
32:29And where's down south?
32:30Um Miami area.
32:33Where's she originally from?
32:35New York.
32:37Uh she born and raised in New York? She
32:39have family outside of the country or
32:41I don't know. As far as I know, she
32:43pretty much grew up there and moved down
32:44here and went to the University of
32:46Florida.
32:46She Puerto Rican? Is she Dominican? Is
32:48she white?
32:49She's mixed. She's black and Puerto
32:52Rican.
32:55And you don't know what her birthday is
32:56or you don't know what her birthday is?
32:57I think September. That's
32:59all I can remember at the moment.
33:04If um when we finish this, if you
33:08would you be willing to drive with me to
33:09show me where her mom lives and the
33:11apartment that you used to drop her off
33:12at?
33:13Yes.
33:14Okay.
33:15Is there anything I haven't asked you
33:16about um Caylee or this night or just
33:19this incident in particular that you
33:20feel is important that you wanted to
33:21tell me about before I turn this off?
33:23Um
33:25Caylee has very
33:27distinctive features even if her hair
33:29was cut or changed. She has dark hazel
33:32eyes. They're brown and green. She has a
33:34birthmark on her left shoulder.
33:38Um
33:39What kind of birthmark?
33:40It's just like a small line. It almost
33:43looks like a small little beauty mark.
33:48Anything else?
33:53I just want my daughter back.
33:56Okay. Would you raise your right hand
33:57for me? Do you swear and affirm
33:58everything you just told me is the
33:59truth?
33:59Yes.
34:12Detective Melich, this statement was
34:16taken at 4:11 a.m. and lasted about 20
34:19minutes.
34:20Um did you head out immediately after
34:23taking the statement to go look in those
34:26places that you asked Ms. Anthony about?
34:28Yes.
34:29Okay. Where did you go?
34:32The first location we went to
34:34later I would find out turned out to be
34:36301 North Hillside.
34:38That's the location she mentioned that
34:40was near the intersection of Bumby and
34:41Robinson or off of Glenwood.
34:47Did you get out of the vehicle at that
34:50location at 301 North Hillside?
34:52No, we drove by the building and I asked
34:54her if she could point out to me the
34:56apartment or windows that belonged to
34:58Zenaida or her family and she pointed
35:02out two windows on the side of the
35:03building facing Robinson.
35:06And she indicated the two windows, one
35:07above and one below, both belonged to
35:09the same apartment and that Zenaida and
35:12her family had lived there at one point.
35:15Now you had mentioned that this address
35:17at 301 North Hillside was off Glenwood
35:20and Bumby.
35:22Is that what you had testified to?
35:24At Glenwood and Robinson cuz I believe
35:26Bumby runs parallel to Glenwood.
35:29At 301 North Hillside.
35:32All right. During the course of the
35:34investigation into the
35:37uh disappearance of Caylee Anthony, did
35:39you come to find out that there are
35:41individuals who Ms. Anthony knew that
35:45lived on Glenwood?
35:46Yes.
35:47Who would that be?
35:48Ricardo Morales and at one point in time
35:51Amy Huizenga lived at 232 Glenwood,
35:55which is directly across from where this
35:57building is.
36:01During the the drive that morning where
36:03she was showing you these locations, did
36:05she mention that friends of hers lived
36:08directly across the street?
36:10She did not.
36:11Did she mention that she had spent time
36:14since her daughter had been missing
36:16at the location on Glenwood?
36:19She did not.
36:22Aside from the address on Hillside, did
36:25you go to any other location?
36:28We went from there to the Sawgrass
36:30Apartments.
36:33What happened at the Sawgrass
36:34Apartments?
36:35I asked her to drive direct me into the
36:37Sawgrass Apartments and point out the
36:39apartment that she claimed to have
36:41dropped Caylee off on June 9th.
36:43And
36:44where were you directed?
36:46I was directed to the first apartment
36:48building inside the complex on the
36:50right, apartment 210.
36:54Did either of you get out of the car at
36:56that point?
36:56I did not, no. Neither one.
36:58Okay. Aside from directing
37:01you to or pointing out apartment 210,
37:04did she make any other statement at that
37:07point in the morning about what happened
37:10at apartment 210?
37:11I don't recall, no.
37:14Was that the last location that you
37:15visited?
37:16No.
37:17Where else did you go?
37:18Almost caddy-corner from the Sawgrass
37:20Apartments
37:21are
37:25Just forgot the name. The con-
37:27apartments at Conway. Uh there's an
37:28intersection right there at Conway
37:31and Michigan.
37:32And I believe it's the apartments at
37:33Conway. I'm mistaken, please correct me,
37:36but it's a
37:40several single-story townhomes that are
37:43Yeah, several homes that are attached in
37:44one building, but each individually
37:46owned.
37:48And what was it that you were supposed
37:51to have been doing there at at this
37:53address?
37:53She claims this is one of the locations
37:55that Zenaida had lived in that she had
37:57dropped off Caylee several times in the
37:58past.
37:59So, I asked her to direct me to the
38:01apartment or the the townhome
38:03for lack of a better word that she had
38:05dropped the child off at. Then we drove
38:07through the entire complex at least
38:09once.
38:10And she wasn't quite sure which
38:12apartment it was,
38:13but said it was in the generic or a
38:15general area.
38:20Okay.
38:21Did you go anywhere else?
38:26No, that's the only location we actually
38:27got out of the car though cuz it was
38:29starting to get light out so
38:31people were starting to get up to go to
38:32work.
38:34All right. Once you all got out of the
38:36car, what occurred?
38:37I asked Casey to Oh, let me preface
38:39this. We had a marked patrol car also
38:41following us with a uniform in case I
38:43were to get out of the car
38:46Over the road.
38:48You can continue.
38:49In case I were to get out of the car and
38:51knock on the door, I wanted uniform
38:52presence so there was another marked car
38:53with us.
38:55I had asked Casey to sit in the car. I
38:57rolled the passenger window down. I told
38:59her I would knock on the doors of the
39:01area. There are several apartments in
39:02that area that she indicated and if she
39:05noticed anyone or looked familiar to her
39:07to indicate it to me and then we would
39:09go from there.
39:10All right, Ms. Anthony.
39:11Yes.
39:14And did Ms. Anthony tell you that any of
39:17those apartments or people in those
39:19apartments look familiar to her?
39:21No.
39:26Were you directed anywhere else by Ms.
39:27Anthony?
39:29No.
39:30Okay.
39:35After all of this process is completed,
39:39about what time it is you is it? Did you
39:41say that it was starting to get light?
39:44I believe we were at the crossings at
39:46Conway or the Conway apartments about
39:48just after 6:00 in the morning.
39:56Okay.
39:58Once that process was completed, where
40:00did you go with Ms. Anthony?
40:01I drove her home.
40:03Okay.
40:04Did either one of you have her cell
40:06phone?
40:08No. I don't recall if she had it. I
40:09didn't have it.
40:17When you dropped her at home,
40:20did you just let her out of the car and
40:22she went into the house? What happened?
40:24Yeah, pretty much it.
40:26Okay. Did you indicate to her
40:28uh that you would continue to
40:29investigate some of the information that
40:32she had provided to you?
40:34We had small talk as I dropped her off.
40:36I was saying that you were going to look
40:38to try and see if we can find Caylee. I
40:40can't remember specifically what I told
40:41her, but in the general sense, yes.
40:44Okay.
40:47Did you leave at that point and
40:52begin an investigation into some of the
40:54information that she had provided to
40:56you?
40:56Yes.
41:00Your Honor, at this point I have no
41:01other questions of the witness.
41:02Cross-examination?
41:09Good afternoon, Detective Melich.
41:10Good afternoon, sir.
41:11Do you ever go by any other names other
41:13than Yuri Melich?
41:15Your Honor, I'm
41:16I'm going
41:17Sustain.
41:19Do you ever go by the name of Dick Tracy
41:20Orlando?
41:21Sustain. Next question.
41:23Judge, may we approach?
41:25No, sir.
41:25I'd like to be able to show the
41:26relevance of this line of
41:28Okay, you can approach.
41:32Okay, ladies and gentlemen of the jury,
41:34I'm going to ask that you step outside.
41:36We will probably take at least 10
41:38minutes to take care of this brief legal
41:40matter outside of your presence.
41:42I'm going to ask you not to discuss this
41:44case among yourselves and please uh
41:47abide by all of my other previous
41:50admonitions. Thank you.
41:56Okay, do you have copies of those for
41:58us, uh
41:59Mr. Bias?
42:01I know I've submitted a copy to uh Mr.
42:03Aim Burdick. I can make a quick copy.
42:06Uh
42:07if I
42:08that you were provided in discovery, Mr.
42:10Bias. Unless they were. I've not
42:13received very many documents or discs
42:15from him and I have been careful to
42:18itemize those that I have received
42:20including one that I actually filed.
42:24Uh
42:24Nevertheless, if he can provide copies
42:26at this time, I'm willing to take a look
42:28at them uh at the same time as the
42:31court.
42:33Uh 3 minutes, I can make a quick copies.
42:36Okay, why don't you get some copies and
42:38uh we stand at ease and uh the detective
42:40can stand down.
42:43You can step outside, detective, while
42:45we take care of this.
42:54Okay, let's go back on the record.
42:58Okay, Mr. Byers, you may proceed to tell
43:01me why you think this is a
43:05inadmissible
43:07Uh I think that uh
43:10once a uh
43:12a witness takes stand, their credibility
43:14is an issue
43:15as well as any possible bias that they
43:18may have.
43:20These vlogs are clear evidence of a
43:23detective who is engaging in some sort
43:25of self-promotion.
43:27Uh
43:29and discussing
43:32this specific case.
43:34I think that it clearly goes to this
43:37witness's bias and credibility.
43:40I
43:41don't
43:41What's Which
43:43I have these and I quickly looked at
43:46each one of them.
43:48Uh are you
43:49When you say it goes to his
43:52credibility {slash} bias,
43:55uh
43:57specifically, what are you talking
43:58about?
43:59Just the mere
44:01Just the actual engagement of this
44:03conduct is that of self-promotion and
44:08should go to his bias.
44:10The
44:13Well, the reason I asked that question
44:16Florida statute 90.608
44:20is very specific
44:22as to the methods of impeachment.
44:25And
44:27unless you can specifically, and that's
44:29why I'm asking, I have these
44:31point something out.
44:34This is in
44:35sort of uh
44:37in line with you saying he's
44:39unprofessional.
44:42Among other things, Judge, yes.
44:43Okay.
44:44I I The problem with the The problem
44:47with saying he's unprofessional
44:50there's a case called Rose versus State
44:53which is found at 472 7 2nd 1155
44:59a 1985 decision of the Florida Supreme
45:02Court.
45:04Uh I believe this was authored by then
45:07Justice Acton.
45:10And uh
45:12it had note
45:15three.
45:16And this was a uh
45:20this case was
45:22uh
45:23presided over by my good friend Judge uh
45:25Susan Schaeffer
45:27over Pinellas County.
45:30Uh first-degree murder.
45:32And
45:34Judge Schaeffer
45:36uh imposed a death sentence in this
45:38particular case
45:40which was affirmed.
45:43And appellant as an error contended that
45:46the trial court violated his rights to
45:49confrontation
45:51by restricting cross-examination
45:54of the detective on a matter
45:56affecting his credibility, and the court
45:58indicated that it disagreed.
46:02And it basically wanted to bring out his
46:05uh
46:07level of professionalism of the
46:10detective for the purposes of
46:11determining his credibility.
46:14And it goes on to talk about uh
46:1890.
46:20608
46:22uh and they concluded that we find that
46:25the appellant's attack on the
46:27detective's professionalism
46:30was not a proper method of attacking
46:32credibility
46:34under 90.608.
46:37So,
46:43specifically in these blogs that you
46:46have provided me,
46:48uh
46:50is there any statement in here
46:53that you contend
46:56that would affect uh his bias?
47:00So, I can specifically look at it
47:02because the broad category of
47:04professionalism
47:06uh
47:08does not fall within the realm of 90.608
47:11as a valid form of impeachment. Thus, we
47:15need to look specifically
47:19uh
47:20at your blogs to ascertain whether there
47:23is something
47:25that goes specifically
47:27to uh
47:30credibility in terms of uh bias
47:34or any of the other things uh
47:37dealing with 90.608
47:41or uh
47:44some things I believe in 806.
47:48So,
47:50if you can reference me and this
47:53and so the state can follow along
47:57the blog and I guess these things have
48:00dates on them
48:03that you uh
48:05would sub that I can look at to make a
48:09determination whether or not
48:11it falls in the 90.608.
48:14Yes, sir.
48:16Uh I'll give you an example of why I
48:17think this an example of why I think
48:20this might
48:22uh tend to show this detective's bias.
48:25On September 29th, 2008 at 2:50 p.m.
48:29Okay, September
48:3129th, 2008.
48:32Just a second.
48:33Yes.
48:352:50 p.m.
48:36Okay, September
48:4029th.
48:42The dates I have
48:43It would be uh just to give you
48:45show you what the date is, it would be
48:47above the avatar of Dick Tracy
48:50on uh the top left-hand corner of the
48:53inside
48:54September 29th?
48:56Yes, sir.
48:56Okay, just a second.
49:07I have September 26th.
49:15I have a
49:16I'll be handling this.
49:18I have a September 30th and September
49:2026th.
49:23I have September 26th, September 27th.
49:28They might be out of order because of
49:30the way they came out of the copy.
49:31Okay, let me let me wade through them
49:34then. Just give me a second.
49:36Sure.
49:41I don't have one with a September 29th
49:43date.
49:47If you would take the one that you have
49:50and highlight the portion
49:54of that.
49:56Read it into the record and then hand it
49:58to me or
50:00I uh
50:01I can look over your shoulder.
50:02Sure. Or you can put it on the overhead
50:04and then we all can see it.
50:06Sure, that might work.
50:07Set that overhead up, please.
50:11I can't touch it.
50:13We didn't get that one.
50:14Yes, I know. I
50:16We're making extra copies right now.
50:18Unfortunately, I was rushing it. Judge,
50:21our position is this. On September 29th,
50:232008 at 2:50 p.m., this detective po-
50:28made the following post.
50:30Uh a true missing person investigation
50:32is akin to a murder investigation
50:34without a body.
50:36Is the defense's position and theory of
50:38the case that this was an accident?
50:41This is a detective currently
50:43investigating a missing person's uh
50:46case, but yet he considers it akin to a
50:50murder investigation without a body as
50:54opposed to
50:55uh possibly considering the fact that it
50:57might be an accident.
51:00That specifically goes to the bias that
51:04we will be cross-examining this officer
51:06on multiple levels. That when faced with
51:09information that this was a possible
51:11accident, he instead took it in the
51:13direction of a murder investigation.
51:16Uh naturally, I I think it will be
51:19What information, Mr. Bias, of record
51:22evidence that would be introduced
51:25that shows this was an accident?
51:28The fact that
51:30uh Mrs. Anthony had informed him within
51:3224 hours of him being involved in the
51:35case that they had accidentally or that
51:39she had noticed that the ladder was left
51:41up on the pool.
51:43There are also multiple statements from
51:45both George and Cindy Anthony where they
51:48have clearly uh advised this officer
51:51that in their opinion
51:54it this could have been an accident that
51:56was covered up.
51:58And that that accident would have
52:00centered around the pool of this case.
52:04This officer did absolutely nothing with
52:07this information, did not inspect the
52:10pool, did not do anything or did not
52:13even question Miss Anthony when he
52:15had the opportunity to.
52:16What evidence, Mr. Baez,
52:19would one glean from inspecting a pool?
52:24Well, if you never look, you'll never
52:25know.
52:25Yeah, but let's say you look, what would
52:28you see to determine whether someone
52:30drowned?
52:31Well,
52:32if a body is not found in a pool,
52:35how do you determine
52:38if it was drowned in that particular
52:40pool?
52:41There could be there could be spatters
52:44of blood around the pool. There could be
52:46any number of
52:48there could be actual
52:50hairs, other trace evidence that could
52:52have been found.
52:54Not necessarily indicating the cause of
52:56death, but certainly as the state will
52:59want to later on argue that there are is
53:02postmortem banding on certain hairs.
53:05There's
53:07any number of things that one could
53:11glean from that type of information or
53:13by investigating. And here's the point.
53:15You don't look, you'll never know. And
53:18in this situation, they looked at a car
53:21and they were clever enough to come up
53:23with something new like air tests.
53:26Who knows who's to say that they
53:27couldn't find something
53:30just a bit more clever when it came to
53:32surrounding around the pool. But if you
53:33don't look, you don't investigate,
53:35you're never going to know.
53:37It's as if they had
53:38parked the car and pushed it aside and
53:41did nothing with it.
53:43And that's the situation with the pool.
53:46Okay. Ms. Ashton?
53:47Thank you.
53:48Um
53:50to answer the court's question,
53:52um the court's question I believe was
53:53what record evidence is there
53:55that the victim drowned, the answer is
53:58none.
54:00The in this trial at this stage, there
54:03is absolutely zero because
54:06with all due respect to counsel, what
54:08counsel says isn't evidence of anything.
54:11So at this point, the issue is
54:14is this comment
54:17does it show bias?
54:19According to Professor Ehrhardt at
54:23section 608.5,
54:25um one of Mr. Cheney's favorite authors,
54:28um he indicates that
54:31uh
54:32the underlying bi- and this is at page
54:34uh 555 of uh the 2010 edition.
54:39He points out that the underlying bias,
54:41prejudice, or interest must be one that
54:43is relevant to the witnesses or parties
54:46in the case being litigated.
54:49Evidence relating to bias or prejudice
54:51is admissible when it's probative of the
54:53credibility of the witness.
54:54Conversely, evidence of bias that is not
54:58probative of credibility should not be
55:00admitted.
55:01This comment has absolutely nothing to
55:05do with showing a bias toward a witness
55:09or a party in this case.
55:12It shows nothing.
55:14And I would submit that it is
55:16inadmissible for
55:18for that reason. Now,
55:20with all due respect to counsel's other
55:23comments, I believe that the evidence
55:26thus far has not demonstrated that
55:29Detective Melich was informed by
55:33uh Mrs. Anthony or within 24 hours of
55:36something about a ladder. Uh, she didn't
55:38testify to that. Uh, she testified to
55:40talking to some reporter
55:43uh, at some point about it. Um, but not
55:46Detective Melich. And so, I think
55:49counsel would have to prove that first,
55:50obviously, before he asserts that
55:52position.
55:54Um,
55:55while there may have been uh, well, we
55:58don't have any record evidence now of
56:00any comments by anybody that this might
56:01have been a drowning, but obviously, you
56:03know, somebody's speculations are not
56:05relevant. The question is, does do these
56:08blogs show that he has a bias against
56:10the defendant or a bias against a
56:12witness in this case, and they clearly
56:14don't come even close to that. And we
56:16would suggest that this uh, his
56:18participation in this, while he was home
56:20recuperating from breaking his leg,
56:23is not relevant of anything.
56:25And it's not impeachment.
56:27Okay, anything else, Mr. Bias, as far as
56:30this particular item?
56:32No, sir.
56:33Okay.
56:34Although then I I just disagree with the
56:36assertions made by counsel, but I'll
56:38leave it at that.
56:39Okay.
56:40Uh,
56:42the objection as to the use of that
56:44particular document will be sustained.
56:47You can make a copy of it and add it to
56:49the record for
56:51appellate purposes, if we get that far.
56:54Uh, but uh, that particular statement
56:58does not go to any particular bias or
57:02uh,
57:03or interest in in this particular case.
57:07Just for the record,
57:09if she's correct, we did give you grand
57:11jury testimony
57:12that she denied
57:14back at the station. We kept her first
57:16off, so it should be marked and sealed
57:19for the same reason.
57:24I'm going to be studying the document at
57:26some point past this.
57:29I would take that in consideration, but
57:34I think there's a case called Mince
57:35versus State
57:37that
57:38uh if I remember the case correctly,
57:40that
57:44talks about a threshold that must be
57:46shown. I'm uh but let me take a look at
57:49it and and we can always do that.
57:55Then that was objected to was
57:58Dick Tracy.
58:00Dick Tracy, and since we've had delved
58:02further into the what he wanted to do
58:04with this information,
58:06uh
58:08Well, Mr. Baez, well, correct me if I'm
58:10wrong. He was just trying to figure out
58:11that was he going to own up to this name
58:13Dick Tracy for the purposes of
58:15introducing the blog.
58:18But
58:19I will not be inquiring further about
58:23any of these while we're while we're
58:26here and the jury is out
58:29or any of these other
58:32blog materials you will be attempting
58:36to utilize.
58:38No, sir.
58:39Okay.
58:42You also brought up something
58:45uh
58:47about a reprimand that you
58:50brought up at the bench.
58:52Do you Okay.
58:54So, we won't have the jury going back
58:56out like a Pop-Tart again, let's take
58:58care of that now.
59:05I'm sorry, Judge. I didn't hear you
59:07clearly.
59:08You you had mentioned about
59:11the possibility
59:13of questioning him about a reprimand.
59:16Yes, sir.
59:17You did not fully go into that.
59:20Rather than to run back and forth,
59:25uh
59:27do you intend to pursue that line of
59:30questioning which I
59:32think the state will object, so we can
59:34go ahead and deal with that now.
59:37Well, I wanted to inquire into his
59:41supervisor reprimanding him
59:44uh
59:45for actually blogging.
59:48And uh
59:51However,
59:52I don't know if the if the court's not
59:54going to allow me to go into
59:56the fact that he blogged, I can't
59:59necessarily say why he was reprimand.
1:00:01It's reprimanded, excuse me.
1:00:04If the only blog that you were
1:00:06attempting to introduce was the one that
1:00:08you shown,
1:00:10which the court has ruled on, then
1:00:13uh
1:00:17there's no need to do it, but I don't
1:00:19know if you are attempting to utilize
1:00:22this I don't know what he was
1:00:23reprimanded for. You're saying he was
1:00:26reprimanded for these blogs?
1:00:28Correct.
1:00:31It is a activity that I think would be
1:00:33frowned upon
1:00:35for any detective to be
1:00:38going on the worldwide web and making
1:00:42posts in the middle of an investigation
1:00:46just for the exposure.
1:00:50But in quickly looking at these posts,
1:00:53which particular posts, other than the
1:00:56one that you just showed us,
1:01:01reference
1:01:03uh
1:01:06this case?
1:01:09Uh I think most of them do.
1:01:11Um
1:01:12I can have
1:01:13a second.
1:01:15I can point out which ones.
1:01:20Because there's one that I I'm looking
1:01:23at from uh September 22nd, 2008.
1:01:28Uh
1:01:29Someone says to him,
1:01:32"We aren't here to question him about
1:01:34the case. Thanks.
1:01:37This thread is for well wishes and
1:01:40support only.
1:01:42I hope we can all respect that he cannot
1:01:45discuss the case.
1:01:47We want him to feel welcome to come in
1:01:49here and relax while he's recovering
1:01:51from his accident.
1:01:54Corporal Melich has enough to deal with
1:01:56from where he sits right now,
1:01:59like reaching the remote if it falls to
1:02:01the floor."
1:02:04And then the next one is, I guess this
1:02:06is Corporal Melich.
1:02:08"Thanks, seriously. Besides, I can't
1:02:11officially talk about the case outside
1:02:13of work anyhow.
1:02:15Nor can I put a end to theories and
1:02:18conclusions people come up with, whether
1:02:21good or bad.
1:02:23Basically, this is as public as one can
1:02:27get, so I have to watch what I say so
1:02:31doesn't it affect either me or the case.
1:02:35As to the remote, I have the dogs
1:02:37trained to retrieve it.
1:02:40Shame the Dane drools so much. Ick."
1:02:47Yes, Judge. There are I'm not indicating
1:02:50or implicating in any way that
1:02:53he was giving up confidential
1:02:56information on the worldwide web, but
1:02:58there are clear points where he
1:03:00references
1:03:02being involved in the case, what it's
1:03:04like,
1:03:05uh
1:03:07case
1:03:08Excuse me. Caylee Anthony.
1:03:12Um
1:03:14There's one from the September the 20th
1:03:182008
1:03:2011:41 a.m.
1:03:26where he referenced, "Also, thank you
1:03:29for keeping Caylee on the forefront.
1:03:32We all are working for her.
1:03:36She's so much more than one person or
1:03:39one agency now.
1:03:41I can only hope we find her soon
1:03:44so these many thousands of people who
1:03:47have been enveloped by this case
1:03:51can find some closure."
1:03:54Then he goes on to talk about his uh
1:03:57broken leg.
1:03:59Yes, I I would agree generally most of
1:04:02these are general in nature, but as your
1:04:05honor pointed out, he does mention
1:04:07Caylee's name there. Uh
1:04:09point is he shouldn't be doing this.
1:04:11Not only Not only is that my position,
1:04:14that's the position of the Orange County
1:04:15Sheriff's Office.
1:04:16He He shouldn't be doing it, but as I
1:04:18said before on the 9608
1:04:23I I'm trying to look at specific blogs
1:04:28other than the one that you have shown
1:04:30me in the the two that I have the one
1:04:33that I just read
1:04:35uh
1:04:36that goes to anything
1:04:41that is impeachable.
1:04:43What I'd like to do is
1:04:46uh
1:04:46based on the court's rulings and the
1:04:49guidance that the court is is using to
1:04:53make its decision,
1:04:55I will refrain from addressing this
1:04:57issue with this detective at this time.
1:05:00In the event that I choose to bring it
1:05:02up again, I would certainly make the
1:05:04court aware of it, which one identify
1:05:06which specific blog I would like to
1:05:09introduce
1:05:10and the basis the basis for my doing so.
1:05:14Okay.
1:05:17We could ask that these be provided to
1:05:18us because we've so far as we can tell
1:05:20we've never received these in discovery.
1:05:22So if we could have the entire set in
1:05:25case counsel wants to bring up any of
1:05:27them.
1:05:27Certainly.
1:05:32Okay.
1:05:37All right, we're going to take a quick 5
1:05:39minutes and then we'll bring the jury
1:05:40back in to continue your
1:05:42cross-examination.
1:05:43Yes, sir.
1:05:49Okay, state recognize presence of jury.
1:05:53Defense.
1:05:54Yes, sir, we do.
1:05:55Members of the jury, my apologies it
1:05:58took me a little longer than 10 minutes.
1:06:02Sometimes that happens. Uh
1:06:06Again, my apologies. The witness may
1:06:08resume the stand.
1:06:29You make
1:06:30May I please approach?
1:06:31Continue.
1:06:32Uh
1:06:34Detective Malich,
1:06:36you arrived on the scene at 4:00 a.m.
1:06:38Just prior to I believe you did.
1:06:40And that's on Hope Springs Drive.
1:06:41Yes.
1:06:42And when you arrive, the first thing you
1:06:44do is meet with Sergeant Hosey.
1:06:47To the best of my recollection, yes.
1:06:49And part of that is to be briefed on all
1:06:52that transpired before you got there.
1:06:54Correct.
1:06:55And that gives you a better
1:06:56understanding of what needs to be done
1:06:58while you're there.
1:07:00Yes.
1:07:01And what was the situation report at at
1:07:05point?
1:07:06Going based on recollection.
1:07:10Mr.
1:07:12Bias
1:07:13I'm not asking him for specific
1:07:14statements. I just
1:07:16like to know what information what he
1:07:19knew about the case at that point.
1:07:23If I can rephrase it so he doesn't give
1:07:24any specific statements.
1:07:27Okay, you can re- attempt to rephrase
1:07:30the question.
1:07:30Without giving us any hearsay or
1:07:32anything that someone
1:07:34any information or without telling us
1:07:37what exactly was said, can you give us a
1:07:39general idea of what you were looking at
1:07:42when you arrived?
1:07:44Well, primarily a missing person's case.
1:07:47And what else?
1:07:49I
1:07:49can't recall if there was indication on
1:07:51scene or if it was through a phone call
1:07:53prior about some theft theft of a car or
1:07:56theft of money, some theft involved.
1:07:58Now, when you specifically got there,
1:08:01were you made aware that Miss Anthony
1:08:04had already gone to Sawgrass Apartments?
1:08:08Yes.
1:08:09Okay, and that was with Acevedo, Deputy
1:08:12Acevedo. The female officer.
1:08:14I don't recall who took her at the time.
1:08:16I just recall being told that they had
1:08:18already gone to Sawgrass.
1:08:20And you were aware that there was nobody
1:08:21home there.
1:08:24Your Honor, I'm going to object. These
1:08:25answers are based on hearsay that was
1:08:27provided.
1:08:29Sustain.
1:08:31Did you have any information
1:08:34about that apartment
1:08:36as to whether
1:08:38suspects were identified?
1:08:40Same objection.
1:08:42Sustain.
1:08:45Did you have any other information about
1:08:47Miss Anthony?
1:08:51Very vague, I'm sorry.
1:08:53About Miss Anthony's actions that
1:08:54evening.
1:08:57Aside from the fact that
1:08:59she had gone with deputies to another
1:09:00location,
1:09:02Uh, can't recall if they had already
1:09:03told me.
1:09:04Obviously, the statement had been filled
1:09:06out. I don't know if I was just handed
1:09:08the statement or if they told me
1:09:09outside.
1:09:11Were you aware how long the the
1:09:12apartment was vacant was vacant that she
1:09:15had pointed out?
1:09:16Any answer would be based on hearsay
1:09:18information.
1:09:19Sustain.
1:09:23Did you feel sufficiently informed as to
1:09:26what the situation was when you arrived?
1:09:30I had a
1:09:32I guess a general understanding of why I
1:09:34was there, primarily to look for a
1:09:36missing child.
1:09:38And when you arrived, did you see the
1:09:39garage door open?
1:09:40I don't recall what the garage condition
1:09:42of the garage door.
1:09:44Did you see the car that evening?
1:09:46Which car?
1:09:48The Pontiac Sunfire.
1:09:49I don't recall what I saw parked where.
1:09:52Okay.
1:09:53Were
1:09:54you made aware of anything going on with
1:09:57that car?
1:09:58At some point throughout that evening,
1:10:00and I can't recall when, I remember
1:10:02there was a comment made about an odor
1:10:04coming from a car.
1:10:06But I don't recall who made it or at
1:10:08what point
1:10:09throughout my time there that that
1:10:10occurred.
1:10:12So, immediately upon getting this
1:10:14information, you went and inspected the
1:10:15car?
1:10:17No.
1:10:18Okay.
1:10:19You were told that there is a missing
1:10:21child.
1:10:23Yes.
1:10:23You are told that
1:10:27the location where Miss Anthony had
1:10:29taken off officers were
1:10:33showed no results.
1:10:36Something along those lines, yes.
1:10:37And then you were told about an odor
1:10:39coming from a car.
1:10:41Yes.
1:10:42And you never went and looked at the
1:10:44car.
1:10:45No.
1:10:47You never called CSI to come look at the
1:10:49car.
1:10:50No.
1:10:50You never secured
1:10:52uh,
1:10:53any possible evidence that may or may
1:10:56not have been at that car.
1:10:57Upon my arrival that night when I first
1:10:59responded, no.
1:11:01You did absolutely nothing with the car.
1:11:04Correct.
1:11:05And
1:11:07in your
1:11:09investigation at that point or that
1:11:10entire evening,
1:11:13you didn't find it necessary
1:11:16to
1:11:20secure that car in any way.
1:11:22No.
1:11:22Objection, asked and answered.
1:11:24Overruled. Listen to the last question.
1:11:27You may answer, sir.
1:11:27No.
1:11:32Now,
1:11:36one of the first things you looked at
1:11:38with Miss Anthony was she was a suspect,
1:11:41did you not?
1:11:44At the time I got there, she wasn't a
1:11:45suspect of anything. She was a mother of
1:11:47a missing child.
1:11:48And despite all of this information that
1:11:50you had, you didn't consider Miss
1:11:52Anthony a suspect.
1:11:54I hadn't talked to her yet. I didn't
1:11:55know what she was going to tell me. I
1:11:56was just going based on what other
1:11:57deputies had told me upon arrival.
1:11:59Did you instruct Deputy Hosey to
1:12:01un-handcuff Miss Anthony because you
1:12:04wanted to come down and speak to her?
1:12:05I did not. I did not even know she was
1:12:07handcuffed.
1:12:08Okay.
1:12:08Did you uh Mirandize or read uh Casey
1:12:12Anthony her Miranda warnings prior to
1:12:15questioning her?
1:12:16No.
1:12:17And
1:12:19the reason for that is because
1:12:22you didn't think she was a suspect of
1:12:24anything.
1:12:25She was a mother of a missing 2 and 1/2
1:12:26year old. That's what I was there to
1:12:28investigate as a missing 2 and 1/2 year
1:12:29old. I had no reason to Mirandize her.
1:12:32A mother of a 2 and 1/2 year old who was
1:12:34telling
1:12:36who was giving information that did not
1:12:38appear to pan out. Is that correct?
1:12:41According to what I was told before
1:12:43getting there, yes. But I hadn't talked
1:12:45to her yet, so I don't know if they mis-
1:12:47misunderstood. I don't know what she was
1:12:48going to tell me.
1:12:51Well, you read her statement, did you
1:12:52not?
1:12:53Yes.
1:12:54And in fact
1:12:56you testified prior to it getting
1:12:57admitted that you asked her if she was
1:13:00adopting it.
1:13:01Yes.
1:13:02And in fact, you thought the information
1:13:05that was contained in there was suspect,
1:13:08did you not?
1:13:09I wrote that in my report, yes.
1:13:11Okay, but you thought it was suspect.
1:13:14I can't recall what I thought at the
1:13:16time,
1:13:17but I do acknowledge that I wrote that
1:13:19in my report.
1:13:22So,
1:13:24since you think she's suspect,
1:13:27you think her stories are going on, but
1:13:29you don't think she's a suspect at all,
1:13:31is what you're saying.
1:13:33You're saying that I think she's
1:13:34suspect, I did not.
1:13:35that to make that a little clearer.
1:13:37Her version is suspect according to you.
1:13:40To what I wrote in the report, yes.
1:13:42You have a missing child that's been
1:13:44missing for 30 days.
1:13:46Yes.
1:13:47Never reported.
1:13:49Correct.
1:13:50The mother's not taking you to a
1:13:51location where you can find the child.
1:13:54She hasn't taken me anywhere yet.
1:13:56Or prior or prior officers.
1:13:59As far as the officers are concerned,
1:14:00correct.
1:14:01And in your opinion, she's not a
1:14:04suspect.
1:14:05Yes.
1:14:07Yes, she is a suspect or yes, she's not
1:14:09a suspect.
1:14:10You asked in my opinion, is she a
1:14:11suspect? No, she's not a suspect.
1:14:15Now,
1:14:18the
1:14:20statement that she gave,
1:14:23you read it over carefully.
1:14:25I read it over that night, yes.
1:14:27Because this is a very important matter.
1:14:30Yes.
1:14:31And
1:14:34did you notice
1:14:36that
1:14:37there was a portion in quotations
1:14:42on page three.
1:14:53Are you referring to the top four lines
1:14:55down?
1:14:55Yes.
1:14:58Okay. The portion that reads, quote,
1:15:00that she a few places that she felt,
1:15:03quote, at home, end quote.
1:15:07Yes.
1:15:07Okay. And in this entire four-page
1:15:09statement, that is the only portion that
1:15:12is
1:15:13in quotations, is it not?
1:15:15Yes.
1:15:17And
1:15:18when something is placed in quotations
1:15:20in your experience, that means it's
1:15:22important
1:15:23or somebody wants attention drawn to it?
1:15:26I can't answer to why people put quotes
1:15:28on certain words. Sometimes it's proper,
1:15:31sometimes it's not, so I can't answer
1:15:33that.
1:15:35Your experience.
1:15:36Repeat the question.
1:15:38Do when people put things in quotations,
1:15:40does that mean they want attention drawn
1:15:42to it?
1:15:43I can't tell you what they want to
1:15:45people use quotations all the time. It
1:15:47didn't stand out to me. It doesn't stand
1:15:49out to me now.
1:15:50Okay.
1:15:51Now,
1:15:53did you ask her
1:15:55why she didn't feel at home in her own
1:15:57home?
1:15:58No.
1:16:03And you would later also characterize or
1:16:06document that
1:16:08she went somewhere where she felt safe.
1:16:12I'm sorry. The question again?
1:16:14You would later document that she
1:16:17went somewhere where she felt,
1:16:18quote, safe, end quote.
1:16:21If you're referring to my report?
1:16:22Yes.
1:16:23Yes.
1:16:24In fact, you put that in quotes.
1:16:27I won't disagree.
1:16:28Okay. And when you put things in quotes,
1:16:32it's because it's important.
1:16:34I couldn't tell you what my there what
1:16:36my
1:16:39state of mind was when I put it in
1:16:40quotes. Obviously I did, but I can't
1:16:41tell you why I did it now.
1:16:43So, you have no idea why you put that in
1:16:44quotes?
1:16:45I did. I can't answer now as to why I
1:16:47did.
1:16:47Did you ask her
1:16:50why she didn't feel safe at home?
1:16:53I don't believe so, no.
1:16:56And then
1:16:59uh
1:17:00you document that uh
1:17:02the next time you use quotes is when you
1:17:05describe that she had seen movies or and
1:17:07reports.
1:17:09You put that in quotes, too.
1:17:11I won't disagree if you're referring to
1:17:12my report, yes.
1:17:13And you're referring when you when you
1:17:15talk about that is to
1:17:17uh why she didn't call the police.
1:17:19Correct.
1:17:21Did you put that in quotes because you
1:17:24thought that was pretty outrageous
1:17:25statement to make?
1:17:26No, based on my recollection, I put it
1:17:28in quotes cuz it was one of the things
1:17:30that she told me. Uh I don't recall it
1:17:32being on the statement, so it must have
1:17:33been one of the things we mentioned
1:17:35before at the tape or during our drive.
1:17:37So, I used it to
1:17:39acknowledge what she said to me.
1:17:41I'm talking specifically about your
1:17:44your
1:17:45frame of reference here.
1:17:47Okay?
1:17:48I want to know from you that in your
1:17:51opinion
1:17:52when you're
1:17:54uh listening and speaking to her in
1:17:56reference to these statements that
1:17:59you
1:18:01think they're a little outrageous.
1:18:04Your Honor, I'm going to object. He's
1:18:06attempting to elicit hearsay statements
1:18:09of his client
1:18:11that were not elicited by the state.
1:18:13I withdraw the question, Judge.
1:18:15Sustained.
1:18:18Now,
1:18:21the
1:18:24statements that you first
1:18:27took from her that we heard
1:18:29uh a while ago.
1:18:31Let me give you a copy of that. Do you
1:18:32have one with you?
1:18:34Not with me, no.
1:18:36You You
1:18:37I'd like to show
1:18:39Detective defense exhibit U.
1:18:44Thank you.
1:18:58Now,
1:19:00when you I'm I'm going to stop I'd like
1:19:02to take you down this statement, uh
1:19:06Detective,
1:19:07and I'll I'll start off on page two.
1:19:13And line 10.
1:19:19First area that you start inquiring is
1:19:24you're basically telling her she
1:19:26fabricated a story, are you not?
1:19:28No.
1:19:30What is your purpose of saying if you're
1:19:32basically if you're trying to fabricate
1:19:34a story?
1:19:35A lot of times before I get an official
1:19:37statement from someone, I'll give them
1:19:39the chance to change
1:19:41whatever they're going to do whatever
1:19:42they've said previously I won't hold
1:19:44against them. So, a lot of times in an
1:19:46interview, I'll say, "Listen, you know,
1:19:47I want to make sure that you're telling
1:19:49me the truth. Whatever you may have said
1:19:50in the past, I don't care. What I care
1:19:53about is what you're going to tell me
1:19:54now." So, if you're asking me in what
1:19:55context I made that statement, that's
1:19:58the best I can answer that right now.
1:19:59So, what you're telling this jury is
1:20:01that the reason you made that statement
1:20:03is not because you find her story to be
1:20:07a fabrication,
1:20:09but that's something you always say.
1:20:13I didn't find her story to be a
1:20:14fabrication then because I hadn't had a
1:20:16chance to investigate what she claimed.
1:20:18She was very detailed and specific in
1:20:20her statement, so there was a lot I had
1:20:22to follow up on. I couldn't say that I
1:20:24could tell for sure it was fabricated at
1:20:25that point.
1:20:26Okay. Uh
1:20:29let's let's start off with some of them
1:20:31details then. Uh she tells you that
1:20:34Zenaida Gonzalez that she had known
1:20:36Zenaida Gonzalez for 4 years.
1:20:40Are you referring to a particular page
1:20:41you want me to follow along or just in
1:20:43general?
1:20:45Page 3, line
1:20:4821.
1:20:52Yes, almost 4 years.
1:20:54Okay.
1:20:55And then
1:20:57she tells you that this person that she
1:20:59was introduced to this person on the
1:21:01next page
1:21:02by a
1:21:05Jeffrey or actually it's on that page
1:21:08on line 23, Jeffrey Michael Hopkins.
1:21:11Yes.
1:21:15And when you question her about
1:21:18Jeffrey Michael Hopkins, she can't give
1:21:20you any information on how to reach him.
1:21:25I could only go based on what I asked
1:21:27her and I believe I asked her where she
1:21:29where he worked or if she had a contact
1:21:31number for him and she did not.
1:21:34Right. So the answer to my question is
1:21:36yes, she didn't give you any information
1:21:37on how to reach him.
1:21:38Well, he told me that he used to work at
1:21:40Universal Studios. I would consider that
1:21:41information.
1:21:42Okay, but
1:21:45and then she told you that he went to
1:21:46North Carolina
1:21:48and then moved down to Jacksonville.
1:21:50Yes.
1:21:54Then on page 5 she goes into this state
1:21:57several statements about SIM cards.
1:22:00Did any of that make sense to you?
1:22:02Your Honor, I'm going to object. That's
1:22:03not relevant.
1:22:05His opinion.
1:22:07Relevant statements to bias.
1:22:10I'll rephrase the question, Judge.
1:22:12Okay.
1:22:12Did you
1:22:14confront her with any of this
1:22:15information about SIM cards?
1:22:20I I wouldn't say confront. I was trying
1:22:22to get clarification on what she meant
1:22:24since she said she had lost a phone and
1:22:26when I was asking her for certain
1:22:27numbers she brought up a SIM card, so I
1:22:29was asking questions for clarification
1:22:30on that.
1:22:32All right. I'd like to take you to
1:22:42page
1:22:4411,
1:22:49lines
1:22:5116 through 25.
1:23:03Uh the exhibit
1:23:05I
1:23:06I've read it into the record and it's in
1:23:08evidence.
1:23:11You state you asked her if she had
1:23:12spoken to anyone else about Caylee being
1:23:15missing and she answers Juliet Lewis.
1:23:18Correct?
1:23:19Yes.
1:23:19She says, "She's one of my co-workers at
1:23:22Universal."
1:23:25Correct?
1:23:26Okay.
1:23:27And then you you take it a step further
1:23:29and you ask her what she does at
1:23:31Universal.
1:23:32Correct?
1:23:33Yes.
1:23:34And she tells you an event coordinator.
1:23:36Correct?
1:23:38Yes.
1:23:39Okay.
1:23:39Then you ask her for a number for Juliet
1:23:42Lewis.
1:23:43Correct?
1:23:45Yes.
1:23:46And she can't come up with one.
1:23:51To quote her, she says, "I can't think
1:23:52of one."
1:23:53Okay.
1:23:55Then immediately after that, she tells
1:23:57you
1:23:58that the reason she doesn't have a
1:24:00number is cuz she just moved up north
1:24:04within the last 2 months to New York.
1:24:08Yes.
1:24:09And she's subleasing her apartment.
1:24:12According to what she said, yes.
1:24:14Okay.
1:24:15And then at that point, she tells you
1:24:17she doesn't work at Universal anymore.
1:24:22Correct.
1:24:22So within seconds, she's telling you she
1:24:25has a co-worker at Universal Studios.
1:24:28Correct?
1:24:29Yes.
1:24:30Who's an event planner, a current
1:24:31employee.
1:24:33Yes.
1:24:33And then, this person
1:24:36all of a sudden moved up to New York a
1:24:38couple of months ago.
1:24:40Yes.
1:24:41But her child's only been missing a
1:24:42month.
1:24:45Yes.
1:24:52And she has no number for this person.
1:24:55Whether she did or didn't, I don't know.
1:24:57She told me she did not.
1:24:59So,
1:25:02you couldn't investigate or couldn't
1:25:05confront anyone about
1:25:08Well, let me let me strike that and
1:25:10rephrase that.
1:25:12At that point in time,
1:25:14did you do anything
1:25:16to say, "Wait a minute.
1:25:18This doesn't make any sense."
1:25:20No.
1:25:21Did you realize that
1:25:24you were dealing with something a little
1:25:26bit
1:25:28unique?
1:25:31You're asking me to testify to what I
1:25:32felt at the time I was doing the
1:25:34interview. I can't tell you what I felt.
1:25:37I can't say it was unique. I was in an
1:25:39information-gathering stage at the time.
1:25:41I was meeting with the mother of a child
1:25:42who's missing. The purpose was to try
1:25:44and get information to locate the child.
1:25:49You're getting information about one of
1:25:51only two Outcry witnesses
1:25:54to a crime that occurred a month ago.
1:25:57Correct?
1:26:00It turned out she only gave me two
1:26:01Outcry witnesses, but there's more to
1:26:03the interview. So, at that point, yes,
1:26:05she had given me two.
1:26:06And she's telling you in 1 second that
1:26:09the person works with her, and then the
1:26:12next second she's saying she doesn't.
1:26:14All within
1:26:16what, 10 to 15 seconds?
1:26:18Correct.
1:26:19And you didn't
1:26:21think at that at that specific moment
1:26:24that you're dealing with something
1:26:25unique.
1:26:26Your Honor, I'm going to object to the
1:26:27talking narrative.
1:26:28This has been asked and answered. The
1:26:29exhibit speaks
1:26:30Sustain.
1:26:32You didn't do anything based on that
1:26:34information, did you, sir?
1:26:37Well, eventually I would go to Universal
1:26:38Studios and try and identify these
1:26:40people. So, yes, I did something.
1:26:46At the end of this interview
1:26:49you ask her
1:26:51if she's got a drug problem.
1:26:54Do you have a page and line number, sir?
1:26:55Yes. Page 14, lines 21 through 25.
1:27:04Yes, I did.
1:27:05You ask her about cocaine?
1:27:08Yes.
1:27:08You ask her about meth?
1:27:11Yes.
1:27:11Ecstasy?
1:27:13Yes.
1:27:14And anything else?
1:27:18I don't read it off top of my head, so
1:27:19no. I believe that was it.
1:27:21And the reason is because
1:27:23Sorry, uh are there prescription
1:27:25narcotics as well just before that?
1:27:27Okay. You're asking if she's on any
1:27:29prescription medication.
1:27:33I was asking if she had any problems
1:27:35with drugs or narcotics, either
1:27:37prescription narcotics, she interrupts
1:27:39says no, or drugs, cocaine, ecstasy,
1:27:42meth. I asked her if she had problems,
1:27:43not if she was on any.
1:27:45Okay.
1:27:45Then you ask her if she's ever committed
1:27:47suicide.
1:27:48Next page.
1:27:52I don't think I could have asked her if
1:27:53she's ever committed suicide cuz if she
1:27:55had, she wouldn't be there.
1:27:56Thoughts of committing suicide, excuse
1:27:57me.
1:27:59Yes.
1:28:00All right.
1:28:01Uh
1:28:03and
1:28:05then you ask her if she's ever been to
1:28:06Lakeside or anything like that.
1:28:08Yes.
1:28:09Can you explain to the ladies and
1:28:10gentlemen of the jury what Lakeside is.
1:28:12Lakeside is a local receiving facility
1:28:14that we would take people who have
1:28:16mental problems or mental issues
1:28:18uh such as under a Baker Act. If
1:28:20somebody's suicidal, have thoughts of
1:28:22hurting themselves, and we would take
1:28:24them into custody for lack of a better
1:28:26word. We would take them to Lakeside so
1:28:27they can get treatment and be seen by a
1:28:29a doctor or psychiatrist and perhaps get
1:28:31some help.
1:28:33And
1:28:35the reason you're asking these
1:28:36questions, Detective, is because you
1:28:38realize that the statements being given
1:28:41to you at that particular point in time,
1:28:43at the very beginning of this case,
1:28:45are just not right.
1:28:47No, I can't tell you the reason I asked
1:28:49that question. Obviously I did. It's
1:28:50just part of an information gathering uh
1:28:52uh
1:28:53information gathering process. I ask a
1:28:55lot of questions.
1:28:56So, this is not
1:28:58So, basically, this is just something
1:29:01you do out of out of routine and it's
1:29:03not something that you do as a matter as
1:29:06a matter of this specific case.
1:29:08Your Honor, I'm going to object. It's
1:29:09argumentative.
1:29:12He's answered the question.
1:29:15Sustain.
1:29:18You asked those questions because of
1:29:21what you had just the information that
1:29:22you had gathered in your investigation
1:29:24at that point? Or is that because Excuse
1:29:27me.
1:29:28Or is that because you do this as a
1:29:30matter of routine?
1:29:31Right.
1:29:32Objection. Asked and answered.
1:29:34I don't think it's has been answered,
1:29:35Judge.
1:29:37Sustain.
1:29:51If I can have just a moment, Judge.
1:29:53Yes, sir.
1:29:54See if I have anything for you.
1:30:36Detective, were you made aware that
1:30:38evening, or did you make any other
1:30:40inquiries about Casey Anthony to other
1:30:45individuals in the home?
1:30:47I know I had a brief conversation with
1:30:49Cindy.
1:30:50George was there. I don't recall
1:30:52conversation with him, but I'm not
1:30:54saying I didn't.
1:30:55And were you made aware of any possible
1:30:57seizures that Casey Anthony may have?
1:31:02That's not in evidence, and this based
1:31:05on a hearsay response.
1:31:07Sustain based upon hearsay.
1:31:10Did you get any medical information
1:31:13about Miss Anthony?
1:31:14Same objection.
1:31:17As to that particular question, did he
1:31:19get any medical information? He can
1:31:20simply answer yes or no.
1:31:23Aside from asking her the questions
1:31:24about Lakeside, if you would consider
1:31:26that medical information or prescription
1:31:28drugs, if you would consider that, no.
1:31:34Do you have a copy of your report, sir?
1:31:36Not with me, no, sir.
1:31:38Okay.
1:32:27Judge,
1:32:29I have no further questions at this
1:32:30time.
1:32:31Okay, thank you.
1:32:34Any redirect?
1:32:35Not on these issues, thank you.
1:32:38May the detective be excused for
1:32:41this time subject to recall?
1:32:43Yes, sir.
1:32:44Detective, you may be excused subject to
1:32:46recall.
1:32:47Thank you.
1:32:47Thank you, sir.
1:33:00Okay, ladies and gentlemen of the jury,
1:33:02the time is now approximately 4:59
1:33:05uh
1:33:05p.m.
1:33:06We're going to recess uh for the
1:33:08evening.
1:33:10Again, uh please remember all of my
1:33:12previous uh admonitions.
1:33:16Uh
1:33:21and have a uh
1:33:24good evening.
1:33:26I understand one of you has a new name,
1:33:28Johnny Depp.
1:33:34Okay, have a good evening.
1:33:36All right, thank you.
1:34:13You may be seated.
1:34:16Okay, folks.
1:34:19Uh
1:34:20on Friday, I will inquire of the state
1:34:23of Florida as to
1:34:26where they think they are
1:34:29in in the approximate
1:34:32time when they think they will be
1:34:34wrapping their case up.
1:34:36Uh
1:34:37so, uh
1:34:39the defense can have some basic idea of
1:34:42when they would need uh
1:34:44to start.
1:34:50Turn your microphone on. Is your
1:34:51microphone on?
1:34:52No. I can tell you numerically we're
1:34:54about halfway.
1:34:56Um obviously, some of the expert
1:34:58testimony might not make it the halfway
1:35:01point time-wise, but as it relates to
1:35:04number of witnesses we intend to call in
1:35:06our case in chief, we're about halfway.
1:35:09Okay, you're about halfway, so you're
1:35:11talking about another
1:35:15week or 2 weeks?
1:35:23Perhaps. Um
1:35:25I think by the end of the week, if
1:35:27things go as planned, we could
1:35:32be up to possibly witness number 49 out
1:35:37of
1:35:38however many we've called. I think we've
1:35:40called 20 plus now.
1:35:43Yeah.
1:35:43So,
1:35:45uh maybe we can get another
1:35:4720.
1:35:48A lot of it is marking evidence that
1:35:50kind of bogs things down a little bit.
1:35:52I'm going to try to
1:35:54have a list for the clerk
1:35:57in the anticipated order to maybe speed
1:35:59that up.
1:36:00If you would let the clerk know she can
1:36:03have an extra clerk up here
1:36:06uh that can be just involved in marking
1:36:09things uh
1:36:10probably we can find another area to
1:36:13mark those things in and caught them
1:36:15away.
1:36:17Uh
1:36:18I do want to alert the court to the fact
1:36:20that it is our intention to
1:36:23play the jail visitation videos within
1:36:27the next day's worth of testimony. There
1:36:29were some other
1:36:30predicate matters that we have to
1:36:33address before we get there.
1:36:35Um however, it's our intention that
1:36:39within the next day's worth of testimony
1:36:42that we begin the process of playing
1:36:44those. Um
1:36:45I had indicated to the court before and
1:36:48to Mr. Baez this morning if there are
1:36:50specific things that he wants to have
1:36:53redacted, it will be difficult for us to
1:36:56do that, but if he gets it to us early
1:36:58enough and we agree
1:37:00then there's
1:37:02a slight possibility that we could
1:37:04accommodate that. Um Mr. Ashton has been
1:37:07going through them and so far there's
1:37:10not much um
1:37:13that we believe is inadmissible.
1:37:16Well, let me ask you this. Do you have
1:37:17transcripts of the jail visitation?
1:37:20We have transcripts of all of them but
1:37:22one which is part
1:37:24two of a two-hour visit that Mr. and
1:37:28Mrs. Anthony had with Casey Anthony on
1:37:32July 20
1:37:33fifth.
1:37:34Okay.
1:37:35And the only reason we don't have that
1:37:36is because there were some confusion
1:37:37over whether or not a duplicate was
1:37:39provided and I know counsel has some of
1:37:42these transcribed and then we had some
1:37:44transcribed as well.
1:37:46But we are hoping at a minimum to have
1:37:49those
1:37:51Friday, that last one, available to us
1:37:54on Friday. I I had asked that it be
1:37:56prepared by tomorrow, but right now the
1:37:58indications are that this last one won't
1:38:01be available till Friday, but we
1:38:03certainly have actually have copies um
1:38:06that I was going to provide to the clerk
1:38:08somewhere.
1:38:08Well, it would be very helpful
1:38:11uh if there are objections that are not
1:38:14untimely
1:38:16uh to have the transcript so I can go
1:38:18directly to those to look at the the
1:38:21portion
1:38:23that you may have objections to
1:38:25uh
1:38:27but
1:38:28the the the sooner you let the state
1:38:31know since
1:38:33uh
1:38:34as I say, they may or may not be barred.
1:38:37Uh but we'll take a look at them.
1:38:40Would the court like the copy that we
1:38:42prepared for the court reporter?
1:38:45It It's a lot of reading, but
1:38:48Well, I'm not going to read them
1:38:50Okay.
1:38:51I'm not going to read them tonight. I
1:38:53read enough last night. I'm
1:38:58We will work uh
1:39:01this evening
1:39:03uh
1:39:04I'm not sure if we'll get it done
1:39:06if we're all
1:39:08evening, but over the next 48 hours to
1:39:10try and get to the state
1:39:12as quickly as possible some of the
1:39:14things that we think would be
1:39:15objectionable and that might slow things
1:39:17down.
1:39:19I would suggest in chronological order
1:39:21cuz that's the way I intend to proceed
1:39:22with the
1:39:22That's the way we'll go then.
1:39:24Okay.
1:39:24Um one other thing to kind of piggyback
1:39:28off of what's been said, just to let the
1:39:29court know um
1:39:32as it relates to the JAC and travel for
1:39:35out-of-state defense witnesses,
1:39:37I think what the what I was told the
1:39:40requirements are is that they need
1:39:435 days notice
1:39:45to be able to pay
1:39:47for travel.
1:39:50And the reason for that is
1:39:53um
1:39:54this would pertain to people who need
1:39:56the travel paid directly by the JAC as
1:39:58opposed to reimbursement which most of
1:40:00the out-of-state witnesses would be.
1:40:03Um
1:40:06so I I just
1:40:08I I know everyone's
1:40:10everyone's doing their best to try and
1:40:12make sure we're all on all on schedule,
1:40:13but I just wanted to
1:40:15make the court aware of that so we could
1:40:16keep that in mind
1:40:18as to some of our troubles that may
1:40:21come up.
1:40:23Uh
1:40:25do you have the motions and orders ready
1:40:27now?
1:40:28No, sir. And I I however, I have Miss
1:40:31Medina working on that right now. She
1:40:34just informed me today of the 5-day
1:40:35requirement and what's required. So she
1:40:38is currently plugging away and they will
1:40:41be forthcoming.
1:40:42Okay. Well, my suggestion is that when
1:40:45she's ready just bring them here where
1:40:47she can approach the bench and give them
1:40:48directly to me.
1:40:50Yes, sir.
1:40:51You know, we can follow them in a open
1:40:52court and if there are any questions
1:40:55I can take care of those.
1:40:58Just to let you know I know that the
1:40:59court had inquired about that one status
1:41:01hearing. We have withdrawn that request.
1:41:03Okay.
1:41:04Uh for that for that specific
1:41:06transcript.
1:41:07Okay.
1:41:09Anything else folks for the good of the
1:41:11order?
1:41:13Nothing from the state, Your Honor.
1:41:14Nothing from the defense.
1:41:16Okay. Remember if you need anything
1:41:20that you need to bring up, let the court
1:41:21deputy know by 8:20. He will
1:41:24contact me and we will take it up before
1:41:279:00.
1:41:29If with that said, we're being recessed
1:41:31to 9:00 a.m. tomorrow morning.

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