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Casey Anthony Video: Judge To Rule Whether Reaction Will Be Released


First Posted: 09/28/11 01:59 PM ET Updated: 11/28/11 05:12 AM ET

A hearing will be held in Orlando, Fla., Wednesday to determine whether to unseal a video that shows Casey Anthony's reaction when she learned that her young daughter's remains had been found.

The video, which has no sound, was recorded on Dec. 11, 2008, the day two-year-old Caylee's skeletal remains were found on Suburban Drive, less than a mile from the Anthony family home.

The discovery was made some six months after the little girl was last seen and two months after a Florida grand jury indicted Anthony on first-degree murder charges.

When news of the find reached the media, officials at the Orange County Jail moved Anthony from her cell to a medical facility, where a TV showed breaking news reports about the discovery. Unbeknownst to Anthony, jail officials were recording her every move. The video reportedly shows a visibly distraught Anthony suffering an anxiety attack.

At a news conference later that evening, Anthony's attorney, Jose Baez, confirmed his client was upset when she found out about the discovery of the remains and had requested a sedative.

When Anthony's defense team learned of the video, they immediately filed a 10-page motion claiming the video was a violation of Anthony's Fourth Amendment right to counsel. Baez alleged that Anthony had requested to speak with him and had not been allowed to do so until the "ruse" was over.

"The Orange County Sheriff's Office had made prior arrangements with the Orange County Department of Corrections to place Miss Anthony in a location where security cameras that were originally intended to monitor inmates for safety purposes were positioned to record Miss Anthony's verbal and/or nonverbal reactions to the ... television reports," the motion states.

It continues, "Miss Anthony was led to believe she was being taken to the clinic for medical purposes and was unaware she was being recorded."

The prosecution was opposed to the defense's motion and hoped to use the video during Anthony's murder trial for first-degree murder.

In June 2009, Judge Stan Strickland ruled in favor of the defense and sealed the video.

"Given the nature and scope of the pretrial publicity, it is not unreasonable to assume that many persons in the potential jury pool might view this video and develop a 'hardened' attitude in reference to the defendant's guilt," Strickland ruled.

READ THE MOTION: (ARTICLE CONTINUES BELOW)

Motion To Unseal Casey Anthony Videotape

This June, after a jury was seated for Anthony's trial, Orlando media outlet WKMG-TV Channel 6 filed a motion to unseal the video, saying it could no longer prejudice Anthony's right to a fair trial.

"Therefore, the videotape, a public record, should be released to the media," the news station's motion read.

On July 5, a jury of seven women and five men acquitted Anthony of killing Caylee, but found her guilty of lying to investigators.

During Anthony's trial, Baez said that Caylee had drowned in the family swimming pool. The revelation was in direct contrast to previous statements Anthony had given police, saying her daughter had been kidnapped by a nanny.

Credited with time served, Anthony was released from jail but ordered to complete a one-year probation term.

Orange-Osceola County Chief Judge Belvin Perry will preside over the latest hearing, which is scheduled to begin at 3 p.m.

Jose Baez did not immediately respond to a request for comment from The Huffington Post.

Casey Anthony Personal Photos

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  • Casey Anthony Personal Photo

    The bombshell trial of Casey Anthony captivated the nation's attention. The Florida mother, pictured in this photo from her Photobucket.com account, was found not guilty of murdering her two-year-old daughter, Caylee.

  • Casey Anthony Personal Photo

    Amidst all of the hoopla surrounding the trial, some of Casey Anthony's personal photographs were released. Several of Anthony's photographs were used as evidence.

  • Casey Anthony Personal Photos

    Prosecutors alleged that Casey Anthony killed her daughter, then misled authorities who were searching for the toddler. But her attorneys insisted that Caylee drowned in the family's swimming pool. The defendant's lawyers claimed that after years of abuse, Casey Anthony felt unable to reveal the truth.

  • Casey Anthony Personal Photos

    Prosecutors attempted to cast Casey Anthony as a party girl -- revealing that she took part in a "Hot Body" contest just four days after she claimed her daughter drowned in her family's pool.

  • Casey Anthony Personal Photos

    Lawyers showed jurors photos of Casey Anthony partying, like this image, which was posted on the defendant's Photobucket.com account.

  • Casey Anthony Personal Photos

    Casey Anthony reportedly told investigators that her daughter had been kidnapped by a nanny, but during the trial her attorneys claimed the child drowned.

  • Casey Anthony Personal Photos

    One question that remains unanswered is the identity of Caylee Anthony's father. Casey Anthony reportedly told friends that the child's father was a "one night thing."

  • Casey Anthony Personal Photos

    But her lawyers have floated a theory involving incest. Casey Anthony's attorneys pressed an FBI witness to tell jurors that the agency conducted a paternity test on the defendant's brother, Lee Anthony. The test came back negative.

  • Casey Anthony Personal Photos

    Investigators also conducted a paternity test on Casey Anthony's father, George Anthony, which also came back negative.

  • Casey Anthony Personal Photos

    Tests also revealed that Jesse Grund, a man Casey Anthony once dated, was not Caylee Anthony's father.

  • Casey Anthony Personal Photos

    Casey Anthony's family said they knew something was amiss when they detected a foul odor coming from the back of the defendant's car in July, 2008.

  • Casey Anthony Personal Photos

    The trunk of the car actually contained a bag of trash, but prosecutors claimed that Caylee Anthony's body decomposed in the rear of the vehicle before it was moved to another location.

  • Casey Anthony Personal Photos

    An insect expert for the defense stated that the body didn't decompose in the car because there wasn't any evidence of bugs that are often attracted to remains.

  • Casey Anthony Personal Photos

    Caylee Anthony's remains were discovered near the family's home in December, 2008.

  • Casey Anthony Personal Photos

    Prosecutors alleged that Casey Anthony killed her daughter by placing duct tape over her mouth. Duct tape was discovered wrapped around the todder's skull when the child's remains were recovered.

  • Casey Anthony Personal Photos

    Casey Anthony was indicted on October 14, 2008, on charges of first-degree murder.

  • Casey Anthony Personal Photos

    The Casey Antony trial became the year's biggest legal event. Spectators lined up every morning to get tickets to the trial. In one case, attendees got into a fistfight over access to the courtroom.

  • Casey Anthony Personal Photos

    The case became one of the most monumental trials in Florida's history.

  • Casey Anthony Personal Photos

    Some photos of Casey Anthony and Caylee Anthony were classified as evidence.

  • Casey Anthony Personal Photos

    Jury selection for the Casey Anthony trial began on May 9, 2011.

  • Casey Anthony Personal Photos

    Alongside capital murder, Casey Anthony was also charged with aggravated child abuse, aggravated manslaughter of a child and misleading law enforcement in the case of the death of her daughter, Caylee Anthony.

  • Casey Anthony Personal Photos

    The prosecution sought the death penalty.

  • Man Who Wants To Marry Casey Anthony

    Meet Don Gennaro Annunziata. He was at the sentencing protest in front of the Orange County Courthouse. Don said he is a 38-year-old window washer from Orlando.

  • Casey Anthony Bachelor Number Two

    Bachelor number two is Tim Allen, a 24-year-old resident of Orlando, Fla.

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