04-15-2011, 04:27 PM
Orlando Sentinel
Casey Anthony and her defense team lost a key ruling today after a judge decided that pictures of heart-shaped stickers and Anthony's tattoo might be used at her trial.
Judge Belvin Perry's ruling means the evidence could be used at trial but it does not mean they are automatically in.
When the trial starts, the state will still have to go through the normal process of admitting evidence.
Perry also left open the possibility that defense attorney Jose Baez could argue again against using the evidence if he establishes the proper foundation for a legal argument.
Residue from a heart-shaped sticker was found on duct tape stretched across Caylee Marie Anthony's mouth.
Prosecutors have argued the timing and nature of the tattoo itself are "relevant and probative."
Caylee Marie was last seen June 16, 2008. She was not reported missing until July 15, 2008.
It was during that time period that Anthony received the tattoo: "La Bella Vita," an Italian expression for "The Beautiful Life" or "The Good Life."
Anthony is charged with first-degree murder in the toddler's death.
Epitaph or new beginning?
"The tattoo is relevant to show the defendant's state of mind during this time period, and the inscription obtained can certainly be read either as an epitaph for her daughter, or signaling a new beginning for herself," the state argues in court papers.
Caylee's remains were found in December 2008 -- five months after she was reported missing -- in woods less than a mile from her family home in east Orange County.
Baez and other members of the defense team have been fighting to exclude evidence of the tattoo and heart-shaped sticker from her trial.
The residue from a heart-shaped sticker couldn't be detected after FBI officials processed the evidence for fingerprints, according to court documents.
And, FBI officials failed to take a picture of the residue before it was destroyed. Days after the remains were found, deputies collected various heart stickers from Anthony's home. A pink heart sticker also was found in the area where Caylee's remains were found.
Defense witnesses withdrawn
Earlier today, Baez said he is withdrawing expert Dr. William Weitz, ending the debate about whether testimony from him and another expert, Dr. Jeffrey Danziger,
Prosecutors wanted to prohibit any reference to or mention of the findings of Danziger William Weitz.
Their reports were provided to the prosecution late last month, but have not been released publicly.
Prosecutor Jeff Ashton's motion said the doctors' reports and a defense motion to add them as witnesses "reveal that the testimony does not relate to a legal defense to any of the charges contained in the indictment."
The motion also said the reports are based entirely on statements made to them by Anthony, and that the doctors didn't diagnose Anthony "as suffering from any clinical or personality disorders as recognized by the American Psychiatric Association."