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Nancy Grace
Casey`s Attorney Files to Bar Future Jailhouse Tape Release
Aired March 13, 2009 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JEAN CASAREZ, GUEST HOST: We begin tonight with breaking news in the case of 2-year-old Florida toddler Caylee Anthony. Her remains were found just yards from her own home. New details emerge tonight about the controversial jailhouse tape. Sources say it showed Casey Anthony`s attorney, Jose Baez, weeping. Now, Baez denies he shed tears with Anthony after the remains of little Caylee were discovered. He has now filed an emergency motion just hours ago, trying to stop the tape and any future tapes from being made public.
Meanwhile, did the tot mom`s defense team revealed what will be part of their trial strategy at the hearing? Anthony`s attorney says the tot mom`s car was not completely processed when their famed forensic expert, Dr. Henry Lee, examined it back in November. Will they try to play police misconduct at trial?
(BEGIN AUDIO CLIP)
GEORGE ANTHONY, CAYLEE`S GRANDFATHER: I believe that there`s something back there. And I smell and I`m, like, Oh, my God. I think I whispered out to myself, Please don`t let this be my Caylee.
(END AUDIO CLIP)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Reports of another jailhouse meltdown caught on tape. One report claims Casey and attorney Baez are seen sobbing together.
CINDY ANTHONY, CAYLEE`S GRANDMOTHER: Maybe someone put a body in the car after it was towed to the tow yard.
(BEGIN AUDIO CLIP)
GEORGE ANTHONY: When I first went there to pick up that vehicle, I got within three feet of it, I could smell something.
(END AUDIO CLIP)
UNIDENTIFIED FEMALE: She doesn`t really look at the baby as I human being, and she`s angry that it was found.
GEORGE ANTHONY: The person who was in the back of my granddaughter`s (SIC) car is not my granddaughter!
(BEGIN AUDIO CLIP)
GEORGE ANTHONY: Once you smell that smell, you just -- you never get over it.
(END AUDIO CLIP)
(BEGIN AUDIO CLIP)
CASEY ANTHONY, CAYLEE`S MOTHER: I was getting pretty upset, pretty frantic, and I went to a neutral place still hoping that I would get a call, or you know, find out that Caylee was coming back so that I could go get her.
(END AUDIO CLIP)
UNIDENTIFIED MALE: She appeared angry, had her arms crossed.
CINDY ANTHONY: You guys are going to put Caylee in a coffin. Caylee is not dead.
(BEGIN AUDIO CLIP)
CASEY ANTHONY: In my gut, she`s still OK, and it still feels like she`s close to home.
(END AUDIO CLIP)
CINDY ANTHONY: I don`t know what your involvement is, sweetheart. You`re not telling me where she`s at.
CASEY ANTHONY: Because I don`t know (DELETED) where she`s at! Are you kidding me?
(END VIDEO CLIP)
CASAREZ: And also tonight, stunning news in the tragic death of former covergirl Anna Nicole Smith, who died of an accidental drug overdose just months after the sudden death of her son, Daniel. Tonight, multiple arrests have been made, including Anna Nicole`s long-term partner/attorney, Howard K. Stern, and two doctors. They are all accused of conspiring to furnish dangerous controlled substances to Anna Nicole.
For nearly three years, the trio allegedly gave her thousands -- that is right, thousands -- of prescription pills. Authorities say the evidence shows many of these medications had no legitimate medical purpose. So the question is, what were they for?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: These people were caught up in being in relationships with and being around the celebrity, Anna Nicole Smith.
UNIDENTIFIED MALE: Two years after her death, her former boyfriend/lawyer, Howard K. Stern, and two doctors facing charges.
UNIDENTIFIED MALE: The scenario is using false means and getting prescriptions for thousands of pills without medical necessity and making them available to Anna Nicole Smith, who obviously was addicted.
HOWARD K. STERN, ANNA NICOLE`S BOYFRIEND: Anna Nicole was on prescription medication at different times.
UNIDENTIFIED MALE: Was she abusing these drugs? Was she taking too many of them?
STERN: Look, I`m not a doctor.
LARRY BIRKHEAD, FATHER OF ANNA NICOLE`S DAUGHTER: They kept bringing more and more drugs into the house. The time I knew it was really bad is when one of the individuals in that house came home and they said, They have my picture up in the pharmacy as VIP customer.
UNIDENTIFIED MALE: (INAUDIBLE) fit together to form an abusive and illegal pattern that is unconscionable, unprofessional and clearly illegal.
(END AUDIO CLIP)
CASAREZ: Good evening. I`m Jean Casarez of the legal network In Session, in for Nancy Grace tonight. Breaking news in the case 2-year-old little Caylee Anthony. The attorney for tot mom Casey Anthony is trying to stop new and future jailhouse tapes from being released, including a tape where sources say Baez allegedly cries over the news of Caylee`s remains being discovered. Baez denies that claim, but still he does not want the tape made public. Why?
(BEGIN AUDIO CLIP)
GEORGE ANTHONY: After we pulled inside the garage, she said -- her exact words were, Jesus Christ, what died?
(END AUDIO CLIP)
UNIDENTIFIED MALE: One of the single most compelling pieces of evidence for premeditation in this case is that a chloroform search was done and there was chloroform found in the car.
(BEGIN AUDIO CLIP)
GEORGE ANTHONY: When I drove around, I told my wife, This car stinks so bad, I can`t -- I`m having a hard time driving it home. It`s raining outside. I have the windows down in the car probably about this much to get home. I couldn`t freaking breathe.
(END AUDIO CLIP)
(BEGIN AUDIO CLIP)
ROY KRONK, METER READER: I`m a meter reader with Orange County. I noticed something that looks white. I`m not telling you it`s, you know, Caylee or anything of that nature.
911 OPERATOR: OK.
(END AUDIO CLIP)
UNIDENTIFIED MALE: In August, the sheriff`s office says Deputy Cain (ph) responded to the meter reader`s call but cleared the call after he said all that was found was trash.
(BEGIN AUDIO CLIP)
KRONK: I`m (INAUDIBLE) area down by the school. I need you, like, now. I just found a human skull.
(END AUDIO CLIP)
UNIDENTIFIED MALE: The day Casey Anthony found out a child`s body was found, she was reportedly taped meeting with her lawyer, Jose Baez.
NANCY GRACE, HOST, "NANCY GRACE": It must be bad because the defense doesn`t want it released.
(BEGIN AUDIO CLIP)
UNIDENTIFIED MALE: OK, so you purposely misled us, so that was a lie.
CASEY ANTHONY: That was a lie.
(END AUDIO CLIP)
GEORGE ANTHONY: My daughter takes things as far as she can take them, and then she piles on (INAUDIBLE)
GRACE: There you see tot mom urinating in a public parking lot. That`s classy.
(BEGIN AUDIO CLIP)
CASEY ANTHONY: I will lie. I will steal. I will do whatever I can to find my daughter.
(END AUDIO CLIP)
(END VIDEO CLIP)
CASAREZ: Let`s go straight out to Natisha Lance, who is live in Orlando, Florida. Natisha, what`s the latest tonight?
NATISHA LANCE, NANCY GRACE PRODUCER: Well, the latest, Jean, as you said, is that Jose Baez has filed an emergency motion to stop the release of this video that shows he and Casey Anthony behind bars in the jail allegedly shredding tears after they find out that the remains of Caylee Anthony had been found.
Now, he also wants to stop any future video from being released that happened to show attorney/client privilege, and he does not want any of that to be released to the public so he has filed this emergency motion and says that even the mere reporting of this incident with this video already being out there is -- goes against what the judge has ordered, saying that it violates the attorney/client privilege and that the jail had no right to impede on that and tape this meeting between he and his client.
CASAREZ: And he says violates the 6th Amendment right to a fair trial. Now, Natisha, there are several videos that we`re hearing about now from the jailhouse. The first one, I understand, was Casey alone when she was told about what had been discovered on December 11th. Then the second one involved Jose Baez, when they were finally united, right?
LANCE: That`s correct. This first video, which we`ve all heard about, is Casey Anthony when she was taken into the medical unit and she was made aware that the remains were found on Suburban Drive, and then this shows her reaction. Now, this new video that we are learning about is Casey Anthony with her attorney, Jose Baez. Various reports have said different things, but our sources are telling us that it appears Jose Baez is crying in this video, Casey Anthony with her arms crossed, looking away into the distance.
CASAREZ: All right. And it was an emotional day, that`s right. We`re talking December 11th of last year.
Let`s go straight out to the attorneys right now. First of all, Gloria Allred out of southern California, very nationally known victims` rights advocate attorney., Meg Strickler out of Atlanta, defense attorney. And finally, from the New York jurisdiction, Peter Schaeffer. Thank you, all for joining us.
First of all, Gloria Allred, in regard to a jail, we know that there is not an expectation of privacy. When you go in, though, to talk with one of your clients in the jail, do you think you`re going to be videotaped?
GLORIA ALLRED, VICTIMS` RIGHTS ATTORNEY: Probably not, unless there is a sign there that warns that you will be videotaped. I understand in this case, no sound is taped, only the video. Nonetheless, I think the question`s going to be, was the attorney/client privilege of communication, the confidential communication, interfered with? Are tears a form of communication?
CASAREZ: Right. And is that privilege? That`s another question, right. But let me go to Meg Strickler, defense attorney out of Atlanta. Let`s say -- and we don`t know where this video with Jose Baez was shot. We don`t know what room they were in. Now, when I was at the hearing in Florida a week ago, we heard that when Casey alone was told about remains being found, she was in the reception area of the medical unit. There`s a mounted camera on there that stays there permanently.
So let me ask you this, if Jose Baez met her in that reception room where there`s a mounted camera, can you have an expectation of privacy there?
MEG STRICKLER, DEFENSE ATTORNEY: That`s a good question. You can have no expectation of privacy there, but you can still have the attorney/client privilege there. And the question then goes to nonverbal communication, meaning the tears and whatnot. But a meeting between the attorney and the client, I don`t care where they are, what`s spoken there is privilege. And the judge will not let that in.
CASAREZ: All right. Well, to Peter Schaeffer, defense attorney out of New York. Let`s say that there is no audio. Let`s say that they`re in the reception area and there is a security video going on. What about the fact -- what Jose Baez is saying is that that tape was not only recorded, which can be normal, but it was saved and given to the state attorney`s office and now may be released to the public. Is that something you would expect?
PETER SCHAEFFER, DEFENSE ATTORNEY: The only reason you have cameras in the jail -- and I want cameras in the jail because when I visit someone, I want to make sure I`m safe and people are safe. It`s for security. There`s absolutely no legitimate reason to film an attorney and his client having a conversation. And there`s no legitimate reason for it to be recorded. There`s no legitimate reason for it to be released. The camera is there to see if something happens while the visit -- while the visit`s going on. Once the visit`s over, there`s no reason to have a recording.
CASAREZ: All right. But you`re exactly right. What the jailhouse attorney said at the hearing was that they have those cameras manned there for the safety, and they never know what reactions are going to be from the inmates and they want to have those documented.
Let`s go out to Donna in Canada. Good evening, Donna. What`s your question?
UNIDENTIFIED FEMALE: Thanks for taking my call. This isn`t necessarily about what you are talking about right now, but I`ve had a question for a long time. I don`t think -- I think Casey did it, but I can`t quite understand why she would have disposed of the body so close to her house.
CASAREZ: You know...
UNIDENTIFIED FEMALE: Can somebody answer that question for me? Because I can`t figure that out.
CASAREZ: Very good question. Let`s go to Lillian Glass, Dr. Lillian Glass, psychologist and author. If Casey did this -- if -- why would she put those remains around the corner from her home? I`ve been there. It`s very close to that house.
LILLIAN GLASS, PSYCHOLOGIST: Well, maybe it was very convenient for her. And maybe it was something she just thought of at the moment -- Let me just get rid of it and do it right now. And you have to also understand when was the timing of this? So that could play a crucial role.
CASAREZ: All right. And to Michael Sapraicone, who is former New York PD detective, we know as we watch all of these shows that cell phone pings can get us if we`re going out of the area. Could prosecutors say that it was intentional to do it close to the home so she wouldn`t be shown at an area where the body was finally found?
MICHAEL SAPRAICONE, FORMER NYPD DETECTIVE: Well, that`s a possibility, too, Jean. But I think most times, people feel that comfort level and they do things that they`re secure with in an area they`re familiar with, rather than going someplace where they might not be so familiar and might make a mistake. They might be seen by somebody and stick out a little bit more. So I think people tend do things closer, where they feel their comfort level is good.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: A pre-trial hearing in Orlando may have provided a preview of the defense strategy in the Casey Anthony case. Her lawyers focused on how police handled the investigation.
UNIDENTIFIED MALE: What else was in the trunk of that car?
DR. HENRY LEE, FORENSIC EXPERT: Residues of dirt and (INAUDIBLE) what appears to be stain.
UNIDENTIFIED MALE: Were you made aware at any time that there was garbage in the trunk of that car?
LEE: No. I received the vehicle without garbage.
UNIDENTIFIED MALE: Her lead counsel, Jose Baez, said the defense expert found hairs and stains while inspecting the trunk of Anthony`s car months after sheriff`s investigators collected evidence.
UNIDENTIFIED MALE: What did you actually recover when you inspected the vehicle on the 16th?
LEE: I recover some hair from the trunk.
UNIDENTIFIED MALE: Baez asked for sanctions over claims that prosecutors have withheld information about a bag removed from that car and about experts who examined it.
CASEY ANTHONY: Life`s not fair. People aren`t always going to be nice. But you know what, Mom? Again, it`s going to blow over. All I want is my kid back, to be back with my family. That`s all I want. That`s all I`m asking.
(END VIDEO CLIP)
CASAREZ: Jean Casarez with the legal network In Session, in for Nancy Grace tonight. Let`s go out to Nikki Pierce, reporter, WDBO radio out there in Orlando. Nikki, I want to ask you, the defense is delving into the forensics early on, not in the form of suppression, not wanting the evidence in trial, but in the form of wanting sanctions against the prosecution. They did not win that. But what road do they seem to be going down at this point with those forensics?
NIKKI PIERCE, WDBO: Well, it was very interesting. In court, defense attorney Jose Baez brought up the fact that the defense expert had found 17 additional hairs and a couple of extra stains when the defense took a look at Casey Anthony`s car. And now, that car had been in the possession of the crime scene investigators for several months and they hadn`t found it yet.
Afterwards, Linda Kenney Baden, another one of the defense attorneys, said that they were going to go after that and all that it entails. She basically said that they`d done a sloppy job. Now, Baez also said this morning that he was not going to use that as a defense tactic, but I guess we`ll have to see.
CASAREZ: You know, Nikki, a question that I have and we cannot answer it, but the 17 hairs that Dr. Lee found -- we know that the one the state found was decomposing. And if the 17 are decomposing, too, how is that going to help the defense? We don`t know yet.
But let`s go to Marc Klaas. He`s with us tonight. He`s the president and founder of Klaas Kids Foundation. So nice to see you, Marc.
MARC KLAAS, KLAAS KIDS FOUNDATION: Thank you.
CASAREZ: You know, we don`t know what the defense is going to be yet in this case. But you`ve seen so much. You know so much. What do you think, road the defense is going to take here?
KLAAS: Well, I think the defense is going to go after absolutely everything. I think that they`re going to throw as much junk against the wall as they can in hopes that some of it will stick. I mean, the reality, Jean, is that -- is that if there were a book on how not to conduct yourself as a criminal defendant, Casey Anthony`s face would probably be on the cover of that book.
CASAREZ: Well, aren`t they going to have to work with that? Gloria Allred out in Los Angeles, California, isn`t the defense going to have to work with everything they have so far, that all of her friends say she`s a habitual liar? They can`t say she`s not a liar. Aren`t they going to have to go with some of this and make it work for them, if possible.
ALLRED: Yes, they`re going to have to do the best spin control that they can do, and damage control. But I do think that they are going to rely heavily on the forensics, and that is why Linda Baden is involved. And whatever they say now about the hairs, they are going to question the adequacy and the competence of the police investigation and the evidence gathering. They`re going to try top raise doubt, and doubt is the name of the game for the defense.
CASAREZ: That`s right. To Dr. Joshua Perper, medical director -- chief medical examiner of Broward County. Thank you so very much for being with us tonight. I want to ask you, when you look at forensics -- I fully expect a motion for suppression on everything that was found in the trunk of that car, including the chloroform, the air decomposition that was found. How far do you think they will get with that?
DR. JOSHUA PERPER, BROWARD COUNTY CHIEF MEDICAL EXAMINER: In my opinion, they are not going to succeed. On what ground would be the chloroform excluded?
CASAREZ: That it is not...
PERPER: It was present there...
CASAREZ: That it is not medically acceptable., that it is cutting- edge technology, which was referred to, I believe, by the state early on.
PERPER: Well, they`re going to try very obviously to dent the credibility of the prosecution witnesses. And the question is how strong those people are going to be on the stand.
CASAREZ: A test of credibility. All right.
To Laura in Tennessee. Good evening, Laura. What`s your question?
UNIDENTIFIED FEMALE: Hi. How are you?
CASAREZ: I`m fine.
UNIDENTIFIED FEMALE: It is my understanding that this jailhouse video of Casey and/or Casey and Jose Baez was taken upon the discovery of the body. And if that`s the case, then why was she breaking down and crying or he breaking down and crying when we really didn`t find out that it was Caylee until what, several weeks later?
CASAREZ: Oh, Laura, you have hit on something that I think is so important because we don`t know yet what was told to Casey on December 11th. And I think that`s critical in what her reaction may be because if it was just said that, Something was found close to your house -- well, lots of things were found. They were searching in the lake close to her house. So as specific as they were, if it clued her in where those remains were found and she broke down like that, when she hadn`t broken down with other things, I think that could be very, very significant.
To tonight`s "Case Alert." The father of missing 5-year-old Haleigh Cummings and his new bride -- they appeared on NBC`s "Today" show a day after the two were married. They were appearing to get attention back on Haleigh, not on their personal life. Haleigh vanished more than a month ago from her father`s mobile home just outside Satsuma, Florida. She was being watched by Ronald Cummings`s new bride, Misty Croslin.
Cummings and Croslin told the "Today" show they do not believe deputies view Misty as a suspect. But police have pointed out inconsistencies in her stories. She was asked about that during the interview.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Help me out, Misty. Why were there inconsistencies? Why did you say one time one time and one time the other -- one thing the other?
MISTY CROSLIN, BABY-SITTER: I don`t know.
UNIDENTIFIED FEMALE: But you know you did do that.
CROSLIN: Yes.
UNIDENTIFIED FEMALE: And you`re not sure why?
CROSLIN: No.
(END VIDEO CLIP)
CASAREZ: If you have any information, call police, 1-888-277-TIPS.
(COMMERCIAL BREAK)
(BEGIN AUDIO CLIP)
UNIDENTIFIED MALE: If the main thing you want to do is find your daughter, and you don`t think that lying is going to help us find her, why would you do that.
CASEY ANTHONY: Because I`m scared and I`m -- I know I`m running out of options. It`s been a month.
UNIDENTIFIED MALE: What are you scared of?
CASEY ANTHONY: I`m scared of not seeing my daughter ever again.
UNIDENTIFIED MALE: OK, if you`re scared...
(CROSSTALK)
UNIDENTIFIED MALE: If you`re scared of not seeing your daughter again, OK, I want you to tell me how lying to us is going to solve that problem and help find your daughter quickly.
(END AUDIO CLIP)
CASAREZ: I`m Jean Casarez of the legal network In Session, in for Nancy Grace tonight. Let`s go straight out to Drew Petrimoulx, who is there, a reporter for WDBO radio. A very important deposition was taken today by Jose Baez. I think it could become extremely significant. Tell us about it.
DREW PETRIMOULX, WDBO: Well, the deputy who went out to the scene where Caylee`s remains were eventually found -- he went out there way back in August, when a meter reader thought that he found the skull. And the meter reader testified that the deputy was dismissive and that he wouldn`t go back into the woods to inspect what he thought he saw was a skull.
Well, it ended up that that skull was Caylee`s and it was found six months later in that same spot. Today the defense questioned that deputy for about four hours. We really don`t know, though, what they asked him. Jose Baez said they`ll actually continue this deposition at a further time. But no word on the questions that he answered. Jose Baez did say that he thinks this testimony will play a pivotal role come trial.
CASAREZ: Were cameras in that deposition, as are allowed in Florida?
PETRIMOULX: No, cameras were not allowed in this deposition.
CASAREZ: All right.
Let`s go out to Meg Strickler, defense attorney out of Atlanta. Who do you think -- which side do you think -- this is Deputy Richard Cain, who on August 13th, because of the meter reader, Roy Kronk`s, call came to the scene. He didn`t find anything. There`s a question of whether, how much he looked to find something. What side do you think it`s going to help?
STRICKLER: I think it`s going to help the defense, and by questioning for four hours, clearly, they have a lot to ask. And I think they`re going to find misconduct or just ineptitude, but also shoot (ph) to reasonable doubt.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
DEP. APPLING WELLS, ORANGE COUNTY SHERIFF`S OFFICE: You last saw her June the 9th?
CASEY ANTHONY, MOTHER OF CAYLEE ANTHONY: 9TH. A Monday.
CINDY ANTHONY, CASEY ANTHONY`S MOTHER: The last day I talked to Caylee is on the 15th.
GEORGE ANTHONY, CASEY ANTHONY`S FATHER: On the 16th is when I actually saw Casey and Caylee together. They were both leaving with backpacks and my daughter said she was going to work and she was taking Caylee to the -- to the nanny.
SGT. JOHN ALLEN, ORANGE COUNTY INVESTIGATOR: You left her in Zani`s care on June 9th, OK? So far that`s right.
CASEY ANTHONY: Yes.
CINDY ANTHONY: That`s why I think she`s fabricated this whole story so that she would justify to me why I couldn`t talk to Caylee because she knew that if it wasn`t a reasonable thing then I would say, where in the hell are you? I`m going to pick you up because something is wrong.
ALLEN: You`re more afraid of your mom`s reaction than you are if you ever see your daughter again?
CASEY ANTHONY: No, I`m actually petrified. Absolutely petrified. I know my mom will never forgive me. I`m never going to forgive myself.
LEE ANTHONY, CASEY ANTHONY`S BROTHER: I`m in Jacksonville. I said, no, you`re not. You`re in -- you know, you`re in Orlando.
UNIDENTIFIED MALE: Deputy Richard Cain, under investigation for how he handled the call made by meter reader Roy Kronk back in August. This isn`t the first time Deputy Cain has been accused of not properly investigating. We`ve got a look at his file and learned in late 2006, an attorney complained that he didn`t properly investigate his client`s case. But that client never followed up to say why he was complaining.
The Office of Professional Standards determined the complaint wasn`t justified. But then in 2007, someone accused him of not properly investigating a threatening phone call that he received. But now Cain is under scrutiny again. This time related to the high-profile murder investigation involving Caylee Anthony.
(END VIDEO CLIP)
JEAN CASAREZ, GUEST HOST: I`m Jean Casarez of the legal network "In Session" in for Nancy Grace tonight.
Let`s go out to Brittany in the great state of South Carolina. Thanks for holding on, Brittany. Hi.
BRITTANY, CALLER FROM SOUTH CAROLINA: Hi, thank you for taking my call.
CASAREZ: Of course.
BRITTANY: My question is, if the jailhouse video is not self-incriminating towards Casey, why is her attorney trying to keep it from being released to the public?
CASAREZ: That`s a very good question.
Natisha lance out in Orlando. Why do you think he`s trying to keep it under wraps to not go out to the public?
NATISHA LANCE, NANCY GRACE PRODUCER, COVERING STORY: Well, I think that he`s definitely trying to keep the attorney/client one under wraps because he feels like it invades of attorney/client privilege. Now the one with Casey Anthony, we all have yet to see this video but I think that he feels that it`s very personal. He also says that might impede of her rights in terms of medical history and revealing some things about her being in this medical unit.
So we`ll have to wait and see once this video is released, if it is released, ultimately, if the judge lets it go through.
CASAREZ: But, to Peter Schaffer, defense attorney out of New York, if on the video with Jose Baez and Casey Anthony, there`s no audio, if it shows her being emotional, we`ve heard various things. Maybe her hands are crossed but maybe the expression on her face is very sad, couldn`t this help the defense to put it out there?
PETER SCHAFFER, DEFENSE ATTORNEY: Well, I mean, I guess that`s the determination the lawyers made. But I think as a general rule, you want to keep everything out. Otherwise once you open the door for a video, you think is favorable to come in, then maybe one that you don`t like comes in as well.
CASAREZ: Exactly. If you allow this, then you`re opening the floodgates to a lot. You know I remember at the hearing a week ago in regard to the video solely with Casey Anthony when she was being told about remains, the judge said to Jose Baez, who didn`t have it at the time, "When you get it, look at it, and you may change your mind. You may not be opposed to this."
So I think that`s still an open-ended question.
Let`s go back out to Nikki Pierce, reporter of WDBQ Radio. There also today was something released in regard to the brand-new attorney Todd Macaluso on the defense team out of California. What you can tell me about that?
NIKKI PIERCE, REPORTER, WDBO RADIO, ON LOCATION FROM TOT MOM JAIL: Well, as we understand it, he is under scrutiny -- from the California bar. He`s been accused of mishandling some funds -- in excess of $100,000. About $170,000 in a client`s account. Apparently, there wasn`t enough in there to cover some business expenses.
What Todd Macaluso said that it was because he handed that account off to someone else because Todd Macaluso had a death in the family. His brother passed away. So he was not aware of how this particular account was being handled. It`s still being investigated by the California bar, Jean.
CASAREZ: Now to Drew Petrimoulx, reporter, WBDO Radio. Was it Todd Macaluso or was it a secretarial staff? Was it someone that was keeping his books? Because he`s practicing his law. Someone else may be keeping those books.
DREW PETRIMOULX, REPORTER, WDBO RADIO, ON LOCATION FROM TOT MOM JAIL: Exactly. He had a -- his brother actually had died. And he said he left the practice for some time. Left the financial responsibilities to someone at his office and that`s when the money was ran up.
He filed that back with the Florida bar today. He says that he wants to be able to work on the case and that this isn`t something that should prevent him from working as part of the Casey Anthony defense team.
CASAREZ: You know I`ve got to tell you a story about Todd Macaluso. I don`t know him. He doesn`t know me. But I was at the hearing a week ago. And may I tell you the press in Orlando is some the most aggressive press I`ve ever seen in my life. When that hearing was over, those cameramen, to get to George and Cindy Anthony, to get to the attorneys, to get that shot, they were very, very aggressive.
Well, I`m standing there and a cameraman swings his camera around to get the shot. A camera is a heavy instrument. And the back of the camera was coming for my head. Todd Macaluso saw that. He grabbed me and tried to just push me out of the way. He didn`t make it. The camera hit me and it hit me hard.
But I said to him, I may have you represent me. But it`s just -- I thank him for doing that because he tried to get that camera out of the way but it was just an experience, a firsthand one, of what it`s really like when you`re there after one of those hearings. It`s something -- I even read today that they interrupted the show "Ellen" yesterday in Orlando so everyone in the area could watch the Casey Anthony hearing.
That`s the case that this is, which brings us to a motion for a change of venue. You know we haven`t seen a motion for a change of venue yet.
To Michael Sapraicone, former New York detective from Chicago, where can they move this case in the state of Florida that people don`t have an opinion on it?
MICHAEL SAPRAICONE, FMR. NYPD DETECTIVE PRESIDENT OF SQUAD SECURITY INC.: I don`t think there`s anyplace in the United States of America you can move this case to so that people aren`t going to have an opinion. This is a world wide case. It`s a case that we see on TV every single day. We read about it in the paper and with 24-hour media you can`t get away from it. I don`t see anyplace at all that you can move this to.
CASAREZ: And a case also that has so much emotion one way or the other. In the latest hearing for Casey Anthony which struck me was George Anthony. He and his wife Cindy were there again, the second time in two weeks now, and George Anthony`s emotion in that courtroom yesterday. You saw it on the screen.
To Lillian Glass, psychologist and author, this is a man that very recently tried to take his own life. Now he is battling it in a courtroom. How difficult is it for him to sit there and watch this, but knowing at same time, that his granddaughter is the victim?
LILLIAN GLASS, PSYCHOLOGIST, AUTHOR OF "I KNOW WHAT YOU`RE THINKING": This is the hardest time in George Anthony`s life because he`s a broken man. He`s gone through a lot. He`s emotionally fragile. He must be on a lot of different medications and he is going through a myriad of emotions. So it must be just absolutely devastating. And your heart really goes out towards him.
CASAREZ: Sure. We have a caller from Florida right flow. Let`s talk to them. Michelle in Florida, good evening. How are you?
MICHELLE, CALLER FROM FLORIDA: Hi. Thank you. I hate to change the subject. But shouldn`t.
CASAREZ: No, please.
MICHELLE: Shouldn`t there be paternal grandparents? The baby was 2. Obviously the father knows he`s the father. Why are there no paternal grandparents?
CASAREZ: Because we don`t know the father is.
Natisha Lance, out there in Orlando. Lee Anthony recently gave a deposition. He was posed with the question, do you know who the father of Caylee was? What was the answer?
LANCE: He said he was not 100 percent sure and then he went on to say that he didn`t think that was a relevant question to answer at that deposition. Now this question has been raised as to who is the father, who is the father? But there has not been a concrete answer that has been given. The story that has been given to investigators is that the father is deceased and that seems to be an answer that they have been satisfied with.
CASAREZ: But I think that Cindy Anthony also said at one point we will never know truly who the father is.
And to Michelle in Florida, this answer`s not over yet and I`ll tell you why. Procedurally speak, in a civil deposition, if someone will not -- their attorney will not allow them to answer a question, as occurred with Lee Anthony`s deposition, they will go back to court and the civil judge will then determine if it is a relevant question.
If it is relevant and if there is no privilege, and there is no privilege here, then I believe there can be an answer. And for Lee to say I`m not 100 percent sure, I think that that possibly means that there are some answers right there and so to be continued. And the civil case believes it is relevant. Because the Zenaida, they say, did not do anything to this child but someone else may have and that could have been someone that Casey knew.
Well, to tonight`s "Case Alert" a jury continues deliberations in the second trial of accused cop killer Lee Woods. Woods is accused of fatally shooting police officer Russel Timoshenko. A judge declared a mistrial in the original case. Timoshenko and his partner Herman Yan, they were shot after stopping a stolen SUV.
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UNIDENTIFIED MALE: It`s been more than two years since troubled star Anna Nicole Smith died of a drug overdose. Now California prosecutors are going after two of her doctors and her attorney-turned boyfriend, Howard K. Stern, for providing her thousands of prescription pills.
UNIDENTIFIED MALE: Are aware that methadone is a narcotic?
HOWARD K. STERN, ANNA NICOLE SMITH ATTORNEY/BOYFRIEND: Sir, I know it`s a prescription medicine. It may or may not be a narcotic.
LARRY BIRKHEAD, ANNA NICOLE SMITH`S FORMER BOYFRIEND: At times I took her medicine and -- and I was told by Mr. Stern to give it back to her because she needed to live.
UNIDENTIFIED MALE: Doctors do not have a license to pump innocent and often vulnerable people full of dangerous chemicals. This is done knowingly and it`s done with tragic consequences.
What we have in this case is a conspiracy among three individuals. Howard K. Stern is the principle enabler, Dr. Eroshevich and Dr. Kapoor, are prescribing drugs excessible to a known addict using false and fictitious names. All in violation of the law. And all in furtherance of a conspiracy that violates the penal code of California.
This is done knowingly and it`s done with tragic consequences.
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CASAREZ: I`m Jean Casarez of the legal network, "In Session," in for Nancy Grace tonight.
Let`s go straight out to Susan Candiotti, CNN correspondent. Susan, I remember two years ago we both covered Anna Nicole Smith. And now we have this. This complaint is so specific. Just, can you summarize it all for us?
SUSAN CANDIOTTI, CNN CORRESPONDENT, COVERING STORY: Well, it sure is. And it`s not a small document. I mean this is the size -- it`s very big, Jean. You heard California`s attorney general more or less sum it up, 11 counts and we`re talking about Howard K. Stern, Anna Nicole Smith`s lawyer and longtime companion, as well as these two doctors out of California, Sandeep Kapoor and Khristine Eroshevich.
He is saying that they illegally got her drugs knowingly, that bought them under fake names. Got them to her knowing that she was an addict. We`re talking about thousands and thousands of pills that they provided to her. And you heard Brown call Stern, Anna Nicole Smith`s principle enabler, he said. And that these doctors knowingly gave her all of these drugs that had no legitimate medical purpose.
That is the allegation in this criminal complaint but it goes even beyond that. He accuses all of these three defendants of even doing pharmacy shopping. I heard of doctor shopping before. But this is going from drugstore to drugstore. When they were turned down in some instances, according to the complaint, they went somewhere else.
And if the drugs -- prescriptions weren`t written under their name, they were written under fake names. Under Anna`s name, for example, but also Howard K. Stern`s name and a phony name like Michelle Chase was one of the names that they used.
CASAREZ: That`s right. And it also stretches out to the Bahamas. What does the complaint have to say about the Bahamas?
CANDIOTTI: Well, that they even got a load of drugs, pills, to take over with them to the Bahamas, because in some cases they couldn`t get those drugs over there.
CASAREZ: And this is a conspiracy case. These are all felony charges, 11 counts. But it is a conspiracy case. So what it`s focused on is that Howard K. Stern allegedly, along with the two doctors, conspired together knowingly, purposely, to prescribe, administer and dispense these medications to Anna Nicole Smith, knowing that she was an addict.
I want to go to a guest that I am just so thrilled he`s with us tonight. Dr. Joshua Perper. Thank you very much. It means so much to have you here because you are the forensic pathologist that conducted the autopsy on Anna Nicole Smith. You determined her cause of death and her manner of death.
First of all, your reaction to these charges?
DR. JOSHUA PERPER, CHIEF MEDICAL EXAMINER, BROWARD CO., PERFORMED AUTOPSY ON ANNA NICOLE SMITH: Well, we are not surprised by the charges because we knew initially, basically, that the prescriptions which were given were for Anna Nicole Smith, but were given to other people who are -- fake prescription. And this is in violation of the medical prescription law in this country and all over the world.
And as you know, she died of fatal dose of chloral hydrate which is a sleeping medication in conjunction with other antidepressant medication. So it was clear that there were will be a very careful analysis of the number of medication that she received and whether they were done according to the accepted standards of care. So that`s very clear.
However, Anna Nicole Smith had some -- some episodes of depression and some of the medication, they were antidepressants. So the question will be not so much the quality of the needs to give the medication, but the excessive amount of drugs.
CASAREZ: Dr. Perper, you took a long time to determine in your mind that this was an accidental drug overdose. During that time, who did you talk to in 2007? What did you look at?
PERPER: Well, this was a rather difficult case because the physical autopsy didn`t show much. We did toxicological examination which did not reveal any fatal drugs. And there were several drugs which were antidepressants. Not in the levels which could have explained it then.
So it was basically due to the cooperation which we obtained from Dr. Eroshevich who told us who thinks it was way important that she complained of pains in her back then we found absences there, which was important. And then the most important thing was that we found the drug which the standard screening did not reveal them. And that`s chloral hydrate.
And only then we were able to really determine what was the cause of death and this was really of essential importance that we were able to say that she died of the chloral hydrate as the primary drug in addition to other medication.
CASAREZ: So, Doctor, you`re saying that Dr. Khristine Eroshevich who has been charged actually helped you in -- to determine your cause of death of Anna Nicole Smith?
PERPER: Absolutely. Her help was, I would say, very, very important.
CASAREZ: Thank you very much, Doctor.
Tonight, "CNN Heroes."
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ANNOUNCER: This is CNN Heroes.
PAUL EMBLETON, COMMUNITY CRUSADER: In Guatemala, the firefighters are usually the first ones that are on the site of an emergency. They didn`t have ambulances. They only had pickup trucks.
It was difficult for me to watch these patients being transported with no medical care. I witnessed several people die. It inspired me to do something.
I`m Paul Embleton, founder of the BRAVE Foundation. We provide equipment and training to the volunteer firefighter of Guatemala to help make their jobs easier.
I first came to Guatemala in 1996. And I was working as a paramedic in the United States and I rode with a firefighter. They`d asked me if I could provide training and assist in developing this free hospital care program and I said of course.
We took the U.S. EMT curriculum and we had it translated into Spanish. Now we have 14 training programs throughout the country of Guatemala.
DAVID ALVAREZ, FIRE CHIEF, 10 COMPANY: Paul is the one to make everything happen. This make a big difference for our people in Guatemala.
EMBLETON: I`m really proud what the firemen have accomplished here. These firefighters are the true heroes.
ANNOUNCER: Tell us about your hero at CNN.com/heroes.
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CASAREZ: And now a look back at the stories making the rest of the headlines this week.
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NANCY GRACE, HOST: Her exact words are, and I am quoting the tot mom, the state is mad because I won`t take a plea deal? They`re angry.
Explain, is there a deal on the table?
KATHI BELICH, REPORTER, WFTV, COVERING STORY: That`s what she says. What I`m being told is that there has never been any kind of plea offer in this case. The only thing that did happen, we`ve all reported it, last year there was a limited time offer for limited immunity.
UNIDENTIFIED MALE: The search for 4-year-old Allyson Corrales intensifies. So does concern. A relative found Allyson`s mom, 27-year-old, Katia (ph), dead inside her East Kansas apartment. Relatives say she was missing for several days.
JEFF BELL, REPORTER, KANSAS CITY`S MORNING NEWS, KMBZ NEWSRADIO: Corrales, the father, is only being named as a person of interest, not a suspect at this time.
CRYSTAL SHEFFIELD, MOM OF MISSING 5-YR-OLD HALEIGH CUMMINGS: Haleigh, if you`re out there, mommy loves you and your daddy loves you. We miss you. We`ll be right here for you -- please, just bring her home.
KIM PICAZIO, ATTORNEY FOR MISSING HALEIGH`S MOM: We`re going to be setting up a command center tomorrow. We`ve -- this is small town America. Everyone is, you know, giving us tips, treating us well.
GRACE: We are showing you various photos, nearly 100 seemingly hidden photos, just discovered. There you see tot mom urinating in a public parking lot. That`s classy. That`s just the tip of the iceberg. There are photos of a male groping her breast. Why you want to capture that on camera, I don`t know.
MARK WILLIAMS, NEWS DIRECTOR, WNDB NEWSTALK 1150: There are other photos, also, Nancy, I am just too embarrassed to tell you about them.
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CASAREZ: Tonight, let`s stop to remember Army Private Tavarus Setzler, just 23 years old from Jacksonville, Florida. He died in Iraq. He was awarded several medals including the Bronze Star, the Purple Heart even. He was motivated, well disciplined and Setzler even proposed to his girlfriend before heading off to Iraq.
He was planning to marry on his next trip home. He leaves behind his mother, Mary, seven brothers and sisters, and fiance, Britney. A Navy sailor.
Tavarus Setzler, an American hero.
Thank you so much to all of our guests and for you being at home for watching us tonight. Thank you so much. See you tomorrow night 8:00 sharp Eastern.
Good night, everybody.
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