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Casey Anthony Trial: Lawyers Raise Incest Issues, Question FBI Witness About Paternity Tests

First Posted: 06/16/11 08:34 PM ET Updated: 08/16/11 06:12 AM ET

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Casey Anthony's defense team came out swinging this afternoon, when lawyers asked a DNA expert if law enforcement had ordered a paternity test to determine if Anthony's older brother was the father of her child.

Anthony, 25, is accused of multiple charges, including capital murder, aggravated child abuse, aggravated manslaughter of a child and misleading law enforcement in the case of the death of her daughter, Caylee. The prosecution is seeking the death penalty.

"Were you asked to conduct a paternity test for Lee Anthony as to being the potential father of Caylee Anthony," Anthony's attorney, Jose Baez, asked serology expert Heather Seubert.

Seubert, who worked in the forensic DNA analysis unit at the FBI in 2008, said she was assigned to the Anthony case and examined several key pieces of evidence.

Prosecutor Jeff Ashton immediately objected to Baez's question and Judge Belvin Perry quickly sent jurors to lunch and called a sidebar with the attorneys.

Ashton argued the line of questioning was irrelevant and not in good faith. He said it implied that law enforcement had requested the test.

Baez and Ashton got into a heated exchange about the subject, at which time Perry told the two men to lower their voices.

"I don't have a hearing problem and the amplification of questions, objections, I don't need them," Perry said.

Outside the presence of the jury, Seubert told Perry that Nick Savage, another FBI agent who was working on the case, asked her to conduct DNA tests in October 2008, to see if Anthony's brother, Lee Anthony, was Caylee's father.

Perry ultimately instructed Baez to revise his question and warned him not to ask questions that would lead to an inference. Perry added, "I'm not even going to venture a guess ... as to your motivation."

When the jury returned from lunch, the line of questioning continued.

"I wanted to ask you if you conducted, what would be considered a paternity test, to determine if Lee Anthony was the biological father of Caylee Anthony," Baez asked.

Seubert affirmed a DNA comparison had been made and replied, "Based on the STR typing results, the DNA obtained from ... Caylee Anthony could not have originated from a biological offspring of ... Lee Anthony."

Baez did not ask Seubert if the same test was conducted on Casey Anthony's father, George Anthony. As a result, jurors are unaware her father was also tested and excluded.

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The powerful testimony about paternity is largely considered a win for the defense who, up until today, were unable to get testimony before the jury about alleged abuses they claim Casey Anthony suffered.

During opening arguments, Baez claimed Caylee died on June 16, 2008, when she drowned in her family's swimming pool. He said Anthony did not contact the authorities because she was unable to tell the truth after years of sordid sexual abuse that she suffered at the hands of her own father.

"It all began when Casey was eight years old and her father came into her room and began to touch her inappropriately and it escalated ... She could be 14 years old, have [had] her father's penis in her mouth, and go to school and play with the other kids as if nothing [had] happened," Baez said.

The defense attorney also took aim at Lee Anthony, alleging he tried to "follow in his father's footsteps."

"On certain occasions when he was a teenager, [Lee] attempted to also touch his sister, although it didn't go as far," Baez said, adding, "These ugly secrets will come out at this trial. And you'll see what makes Casey Anthony act the way she does."

Baez tried to make good on his promise during the third day of the trial when he attempted to question Anthony's ex-boyfriend, Anthony "Tony" Lazzaro, about a conversation he allegedly had with Anthony in June or July of 2008. Lazzaro said she told him that Lee Anthony had attempted to "feel her up."

Lazzaro said he could not recall if Anthony had offered a time frame for when the alleged abuse had occurred, but said it was "definitely in the past ... not anything in the present."

Lazzaro also said that Anthony told him that her father, George Anthony, had physically abused her.

"Hitting -- that's all I can remember," Lazzaro said.

Perry ultimately ruled the jury would not be able to hear the testimony.

Today's testimony, however, may leave questions in the minds of jury as to why someone in law enforcement would have even been curious whether Anthony's brother could have potentially been the father of her child.

Earlier Thursday, Seubert reported she tested swabs taken from items in the trunk of Anthony's car, including the spare tire cover and the trunk liner. All of those items were tested for the presence of blood and were negative, the expert testified.

In addition to testifying about Anthony's vehicle, Seubert said she also examined several items that were taken from Anthony's closet, including clothing investigators believe she wore on June 16, the day Caylee was last seen alive. While several of the items had faint stains, all were negative for the presence of blood, she said.

Since the beginning of the trial, prosecutors have dismissed the defense's explanation of Caylee's death and have claimed Anthony killed her child by placing duct tape over her mouth. Duct tape was found wrapped around Caylee's skull when a county worker found her remains on December 11, 2008.

Toward the end of her testimony today, Seubert testified that the duct tape -- a vital piece of evidence in the case -- had been contaminated. During testing, DNA found on the tape did not match any members of the Anthony family. Instead, it was found to be a match with another forensic examiner who had analyzed the duct tape.

Today's testimony marked the third anniversary of Caylee's reported disappearance.

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Casey Anthony's defense team came out swinging this afternoon, when lawyers asked a DNA expert if law enforcement had ordered a paternity test to determine if Anthony's older brother was the father of...
Casey Anthony's defense team came out swinging this afternoon, when lawyers asked a DNA expert if law enforcement had ordered a paternity test to determine if Anthony's older brother was the father of...
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kndykss
13 Fans
 
12:17 AM on 07/17/2011
Just imagine everyone- she will be free within hours- Im nauseated just thinking about it., Caylee is denied justice once again because the whole world is fixated on her release - how will the murderers lawyer will orchestrate the release- if she will be disguised- how many suvs in the entorage will go- where the press will go to get the detais of her release- etc.....etc.. where is Caylee in all of this- the murderer is no doubt loving every min of this hype- offers for interviews. etc.. where is Caylee > It is because of this precious baby;s brutal death that this isgetting all the attention. instead in the murderer's twisted mind- its because of her- she has now gained all the attention she lied to recieve all her life to obtain- the blood of Caylee is on her hands and on the hands of any and everyone who profits from this- Its a sick world out there-
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jonesrule1
0 Fans
12:22 AM on 06/27/2011
wow. unless casey was really close to her brother, who had attempted to molest or did molest casey, which i doubt she would even like to be around him , why would she name her daughter caylee, cay being casey possible nickname and lee being her abusive brother's name. one suspicious piece of evidence that Lee Anthony could possibly be caylee's father.
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albatross70
0 Fans
08:01 PM on 06/22/2011
These supposed-good Christians who believe Casey Anthony is guilty of capital murder make me laugh with how obvious their hypocrisy is. They are the same people who have a "Sharpie Mom" writing a number on their hand at midnight; they are the same people who when their daughter is killed by a drunk driver they attend every court day and PRAY that the criminal will get life in prison. Do you think Caylee--in all-loving Heaven amidst the hands of an all-forgiving Jesus--would want her Mommy to go to the electric chair. Do you think the drunk driving accident victim--who was killed by a good man who mad a bad mistake--wants the accused to go spend the next 25 years in cage with vicious criminals? You Casey Anthony-hating, or any "criminal" for that matter, especially tried by the likes of Nancy Grace (the anti-christ), need to look at your own self; you can't see the forest through the trees when it comes to your own insecurity and/or feelings of being violated by others...you identify with victims and go bananas over high-profile crimes.
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got2luvjosiah
0 Fans
11:14 PM on 06/28/2011
I Have ALWAYS said that i hope she gets life and then she has to answer to God in the end like we ALL do.... I dont like ur approach to "all these christians" sounds like u have a lot of hate in ur life. I DO believe casey did this and YES she needs to be punished i dont think saying that caylee would NOT want her mom to die Ummmm i beg to differ caylee for one is too young and for two was killed at the hands of her own MOM whom shel loved and truseted SAD....
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kndykss
13 Fans
 
12:31 AM on 07/17/2011
Okay wait a second- do you have kids? did you watch this trial. have you followed the case since day oine?I don't even understand whar your point is so I will not go anything further-

All I can say is this WE ARE ALL RESPONSIBLE FOR OUR ACTIONS- YES- YOU ARE DRUNK YOU SHOULD NOT DRINK- IF YOU DO , YOU DERSERVE TO PAY FOR THAT CRIME!IF A PARENT KILLS THEIR CHILD- THEY NEED TO PAY FOR THAT CRIME!
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Bonez1
Live Long & Prosper To ALL!
393 Fans
08:51 PM on 06/19/2011
another thing...i wondered about this crazed woman's behavior in court and outside before being arrested,,,
with her laughing at inopportune moments or her behavior after her daughter's disappearance, etc, is the defense also possibly counting on her state of being in question?
a possible insane defense at some point? i would not put it past her to use that as a possible defense if this incest defense doesn't work!
Sickos her and her attorneys!
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cutesky
767 Fans
11:42 PM on 06/19/2011
I heard on TV that there are no psychiatrists or doctors who will be appearing as defense witnesses to testify that she is mentally ill. Apparently she is not mentally ill, just evil.
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Dahveed1
Rational discussion is the basis of a democracy.
170 Fans
 
06:31 PM on 06/19/2011
Oh, this abuse makes it okay she killed her kid? BS. Its unfortunate that she has suffered (if she did) but that doesn't excuse her acts anymore than whatever abuse her father or brother suffered excuses their actions.

Unfortunately this ploy may work. Its another example of "it wasn't my fault" syndrome that has swept the nation. Everything is alway's somebody else's fault. Nobody takes responsibility for their actions in this country. And the saddest thing is, we actually believe them.
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geomcd
235 Fans
06:27 PM on 06/19/2011
She is about as low as anyone can get. To have that beautiful daughter missing all that time while she was out partying says it all. Now to make up horrible stories about her family to try to save her own hide is really showing how she has no morals whatsoever. Totally self-centered and, in my opinion, GUILTY.............hope the jury isn't scammed.
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sassyfrass
9 Fans
05:33 PM on 06/19/2011
Have you noticed when Hosea is talking Casey's eyes are glued on him, and she laughs and smiles at his comments. The rest of the time she has the long, sad poker face for the jury. Does she not think the jury looks at her when he is talking. I think she has fallen for him, big time.
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cutesky
767 Fans
11:47 PM on 06/19/2011
It is hard not to notice that when the jury is not in thecourt room, she laughs and plays coy with Baez, but as soon as the jury re-enters the courtroom,she sits facing forward with no expression and only cries when someone is giving tetimony about her . NO tears for Cayley, before the trial and during the trial....what an evil freak!!!
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avibobo
0 Fans
05:06 PM on 06/19/2011
Are you kidding? Incest, child abuse are reasons for why she acts this way?! What about partying daily after her little girl went missing and not even telling her own mother about it?! These lawyers should be ashamed of themselves just as the jury should be embarrassed to be a part of this circus. She is a KILLER of her own flesh and blood! She deserves nothing less than to be put to death and hee lawyers need to be disbarred!
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garboop2
32 Fans
05:22 PM on 06/19/2011
I too agree that Casey Anthony is as guilty as sin; but we "do" live in America. It's really unfair to put the jurors into the catagory that says "they, the jurors" should be embarrassed to be a part of this circus. The jurors have done not one thing wrong--in all fairness, do not post judgement on them for doing what they are being paid a few piddly dollars/day to do.
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got2luvjosiah
0 Fans
11:20 PM on 06/28/2011
not yet they havent lets make sure they dont let her off before we praise the jury
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Dahveed1
Rational discussion is the basis of a democracy.
170 Fans
 
06:32 PM on 06/19/2011
Its not the lawyer's fault. It would be the jury's fault if they let it influence the finding of the facts.
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KC-CAJUN
Nobody goes there anymore--it's too crowded. -YB
232 Fans
04:16 PM on 06/19/2011
Okay...I have an unrelated comment regarding the new generation. This young lady, Casey Anthony, had been with several men, and even engaged to one, during this baby's short 2-1/2 years and it's no big deal. Even her peers hop from one to the next to the next, etc., etc.

Is this the new norm for 20-somethings? If so, I find it very disturbing.
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Sean Richardson
54 Fans
06:18 PM on 06/19/2011
Yeah, why should she want to provide the child with a father figure?
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geomcd
235 Fans
06:28 PM on 06/19/2011
agree..................except, she's no 'lady'
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willowraven
It must be something in the water!!
482 Fans
08:09 PM on 06/19/2011
I take it with the cross you are a christian? isn't there something in your bible about "judge not or you be judged"??..think you need a new picture
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SuperDaveOsborn
110 Fans
03:40 PM on 06/19/2011
What's REALLY scary about Casey is that at any given moment, (at the right snap of the mind) any one of us can fall into such horrendous evil that the very thought of it should send shivers up our spines ! She is a Perfect Example of a human being that at some point had her soul emptied of The Spirit of Righteousness and replaced by Spirits called Legion, (for they are many) and "this kind comes out only by Prayer & Fasting" (reading of the Gospel of Christ) - hence my hope that someone nearest to her reads this.....
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cutesky
767 Fans
03:59 PM on 06/19/2011
Oy Vey!
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rocketdog56
Don't want to be an American Idiot
1862 Fans
04:32 PM on 06/19/2011
X2.
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AndyWitmyer
102 Fans
05:57 PM on 06/19/2011
Good point!!!!! lol
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ausmom23
2 Fans
03:39 PM on 06/19/2011
So happy to see intelligent comments coming from so many people. The number of people who actually support Casey (and her lies) is truly disturbing.
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captguitarman
28 Fans
03:39 PM on 06/19/2011
Judge Ito Rides Again! This guy had better get hold of this trial and this defense lawyer before a huge injustice is done. The defense lawyer brings incest up in an opening statement, making just awful allegations that he has yet to provide one shred of evidence, and then misrepresents the whole thing in his questioning. And when things get straightened out, he gets the wrong answer about the brother and then does not ask about the father, perhaps knowing he would get another wrong answer, but still wanting to keep this phony issue open. The prosecutor needs to revisit this whole issue with redirect questioning of the brother and the father so the facts come out because I stronly doubt that whack job mother will ever take the stand. Funny how these things never come up until an alleged perp is brought to tria, and then the "abuse" claims, i.e it's not my fault, start flowing seemingly out of no where. Wake up your honor, you could become the next Judge Ito.
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smile2377
119 Fans
03:30 PM on 06/19/2011
The issue here is who killed that little girl, not who hopped into bed with her mother.
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cutesky
767 Fans
04:06 PM on 06/19/2011
apparently there was a lot of hopping and I don't mean the male members of her family.
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lisac3333
81 Fans
03:00 PM on 06/19/2011
If you are the grandparent and know your adult child or children are bad parents or that your grandchildren are not being cared for responsibly, it is your responsibilty to have those grandchildren or grandchild removed from the custody of that person or at least report it to Child Welfare Services.
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Dupree
Speaking Truth to Lies
713 Fans
03:18 PM on 06/19/2011
I wish that we would cease passing judgement on those that happened to be related to the accused (not yet to have been found guilty) person. We have a tenacity to find blame and point the finger even at those that are guilty by association. It is documented that people have lived with serial killers and did not suspect a thing up until the time the police knocked on the door. Sometimes they utilize twenty twenty vision and hindsight and THEN understood all along what should have been red flags to them. I never forget the fact that all of us are flawed and this is a tragic story no matter what angle one takes to inspect it. I will even go so far as to reserve judgement until ALL the facts are in and wait until the defense put on their case before I render judgement to this case or any case for that matter. We are too quick to think we know stuff and in fact it is wise to let things unfold even when the person "looks" guilty ...and above all else, I will not impose more heartache on this family by judging her parents who obviously did care for it was after all the mother that once she heard that the granddaughter was missing and smelled the odor in the trunk of her daughter's car...did in fact called the police and asked for help.
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rocketdog56
Don't want to be an American Idiot
1862 Fans
04:37 PM on 06/19/2011
It was also the mother who days later attributed the smell to old pizza,and the mother "Cindy" who in her misguided attempt to prevent punishment to her daughter for what she had clearly done tried to frame an innocent man, nice family.
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garboop2
32 Fans
05:38 PM on 06/19/2011
These grandparents had their beautiful grand-daughter living with them in their home, remember that. Bless their hearts, they were doing all that they could. What else "could" they do--follow Casey everywhere she went with her daughter, every single day--not a practicle solution. Think about it, Casey was an awesome actress. She had her parent fooled (whom she lived with), as well as all of her friends. Remember too that there was a time that her mom did suggest to her that she adopt Caylee. Casey had everyon, and do mean everyone, friends and family--fooled. Shame on Casey!
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nolleymom
16 Fans
02:48 PM on 06/19/2011
who is paying for all the lawyers and experts for casey? did she give baez a line about being a millionaire?
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Dupree
Speaking Truth to Lies
713 Fans
03:21 PM on 06/19/2011
These lawyers may have taken the case pro bono for its high profiled in nation.
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auntbemimi
16 Fans
03:43 PM on 06/19/2011
In the end it is you and I that pay for it, since she was declared indigent earlier this year.
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