UPDATE: Casey Anthony murder trial Day 32 – Defense rests, Casey does not take stand – ‘Smell test’ not allowed for trunk smell, by JURY
ORLANDO, Florida - The defense rested it’s case today in the Casey Anthony murder trial and the lawyer Jose Baez never called Casey to the stand to give testimony. It was believed by many that she needed to give evidence because there were many unanswered questions about how her daughter Caylee died. It was the prosecution theory that she was killed by Casey and the body was thrown into the woods after she went missing in June of 2008. The defense case suggested in the opening statement that “It was an accident and Caylee drowned in the swimming pool,” but opening statements are NOT considered to be evidence and yet defense attorney Jose Baez never presented evidence that could prove such a theory.
After the defense rested a challenge was created by the prosecution to whether or not the evidence of a sealed (Can of the smell of death) in Casey’s car trunk would be allowed. During the trial many experts can to stand and gave evidence that they believed there was a heavy smell of decomposition of a dead human body in the trunk of Casey’s car and yet the defense insisted it came from garbage/trash bag in the trunk. The prosecution had a sealed can which they wanted the jury to take back during their deliberations and be allowed to do a “smell test” but Chief Judge Belvin Perry disallowed it, based on some rulings from the 1920′s during the prohibition period where jurors were allowed to smell and drink whiskey, to determine if it was indeed whiskey. The argument was supported by evidence that if it was allowed in the jury room, one juror could smell the sealed can and tell the others, “yes it is the smell of death” and the defense team would not be able to cross examine them, since they were deliberating.
In a very unusual move today, Judge Perry sentenced a spectator Matthew Bartlett, 28, to six days in county jail for flipping his finger to prosecutor Jeff Ashton in open court during the trial, he is also required to pay $623 to the court for his actions.
This trial seems to have everything, and the prosecution will present it’s rebuttal case tomorrow and the Judge will make the charge to the Jury on Saturday. It is the prosecutions job to prove it’s case, the defense is not required to prove anything, but has the state proved their case, beyond reasonable doubt, only a few days, and we shall find out. Court resumes tomorrow at 9am.