Judge Issues Ruling on Motion to Suppress Casey Anthony's Phone Calls
July 29, 2008
Casey Anthony and her attorney, Jose Baez, appeared in Orange County Circuit Court today, in an attempt to prevent authorities from releasing any further audio or video recordings of conversations Casey has with her family while she is locked up in the county jail.
The protective order motion, which Baez filed yesterday, read in part:
"The release of any visitation video-conferencing could impede the investigation, chill the public's willingness to report any leads, and compromise the integrity of the defendant's right to a fair trial. This has proven to be a high-profile case that has gained national recognition and the release of the above-mentioned recordings, or any public records requests made pursuant to chapter 119 of the Florida Statutes, could irreversibly taint the criminal process in the above-styled cause."
The order went before Judge Stan Strickland of the Ninth Circuit Court, who presided over today's brief hearing.
During the court proceeding, Baez called Casey's father, George Anthony, to the stand and asked him his opinion on the media's coverage of the case.
"I think some of this stuff is getting completely out of context," Anthony replied. "I think whoever has Caylee, they're going to hear phone conversations and everything that's going on ... and take Caylee farther away from us."
Following Anthony's testimony, Baez addressed the court and said that the release of sensitive material was hindering the Anthony family in their attempts to get information from Casey.
"We have a situation that's extremely unique," Baez said. "We are in uncharted waters. We have the family of this little girl attempting to get information from my client."
Baez also said that the release of sensitive information could endanger Caylee's life.
"It's our position, for example, if the child has been kidnapped, locations should not be given to the media. The person who has Caylee may abscond," Baez said, adding, "I think the Court can take judicial notice that all of the publicity has negatively impacted my client."
After Baez finished addressing the court, Orange County Sheriff's Office Attorney, Eric Dunlap, argued that the sheriff has the final discretion in determining what records are released to the public.
"Essentially, Mr. Baez's motion is taking away that decision from the Sheriff," Dunlap said.
An attorney for the Orlando Sentinel, who was there to represent the media, agreed with Dunlap and stated that the audio and video recordings were considered public record, similar to that of a police mug shot.
After listening to both sides, Judge Strickland cited the First Amendment and denied Baez's motion.
"If your motion is granted, then the public's only source of information will be from you [Baez] and the defendant's family," Judge Strickland said.
Photo Credit: Associated Press
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