Casey Anthony Wants Heart Sticker, Other Evidence Tossed
ORLANDO, Fla. (CBS/AP) Casey Anthony's attorneys filed a motion Tuesday to have what they call "phantom evidence" of heart-shaped residue found on the duct-tape wrapped around the skull of her daughter Caylee excluded, saying there is no tangible proof that any such residue was ever found, according to reports.
PICTURES: Casey and Caylee Anthony, Personal Photos
In a Dec. 21 filing, Anthony's attorneys also asked that any mention of a knife found in her car, a shovel borrowed from a neighbor days after Caylee disappeared, or Anthony's sexual history be prohibited at trial, CBS affiliate WKMG reports.
The most recent filing refers to a report that, while processing a portion of silver duct tape found with Caylee's remains in Dec. 2008, an FBI lab technician notice adhesive residue in the shape of a heart. Detective Yuri Melich wrote in his report that it appeared to be consistent with a heart-shaped sticker found near the body, according to The Orlando Sentinel.
"It appears that the sticker was put on the duct tape intentionally," Melich wrote.
But defense attorney Jose Baez argued in his motion Tuesday that the lab technician in question, Elizabeth Fontaine, could not say for sure what she saw and that no photos were ever taken of the alleged image, the paper reported.
Baez also points out that other investigative reports publicly released said the residue couldn't be detected after the FBI processed the evidence for fingerprints, according to the Sentinel.
The defense motions ask Chief Circuit Judge Belvin Perry to order the state to respond and set a date to hear arguments on whether the information should be excluded from the trial.
Anthony is jailed on first-degree murder charges in the death of her daughter, Caylee, whose remains were found in December 2008. Caylee was 2 years old when she was reported missing by her maternal grandmother in July of that year.
Anthony has pleaded not guilty and maintains that Caylee was abducted by her babysitter. The trial is scheduled to begin in May.