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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.


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 account, was found not guilty of murdering her two-year-old daughter, Caylee.

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