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Baez: We Believe Caylee Is Alive

Girl's Mother Indicted On Murder Charge

POSTED: Thursday, October 16, 2008
UPDATED: 4:27 pm EDT October 16, 2008

The spokesman for an attorney representing Casey Anthony, who is charged with murdering her 3-year-old daughter, said Thursday that they believe the child is alive, and that he never told a cable television network the girl was dead.


IMAGES: Wild Ride In Orlando
IMAGES: Casey Anthony, Baez
VIDEO: Casey Anthony, Attorney Hold News Conference

Caylee Anthony's body has not been found in four months of searches, but her family has maintained she is alive.

"That is our belief," spokesman Todd Black said Thursday. "It's preposterous to report anything else."

The child's mother, Casey Anthony, was indicted Tuesday on charges of first-degree murder, aggravated abuse of a child, aggravated manslaughter and four counts of lying to investigators. Her attorneys have said she is innocent.

Black was interviewed by CNN Headline News on Tuesday. A transcript released by the network showed Black said "this is a very serious case involving not just the loss of the life of this little girl, but the loss of whatever is going to happen with Casey Anthony."

Jose Baez, Anthony's lawyer, held a news conference on Thursday to discuss the issue.

"We believe Caylee is alive," Baez said. "To take that out of context is a disservice to the Anthonys and the child."

The network stood by its interview.

"This was a live interview, and it is what he said," said Janine Iamunno, a Headline News spokeswoman.

Anthony told authorities that she had left her daughter with a baby sitter in June, and that when she returned after work, the two were gone.

Anthony said she spent the next month trying to find her daughter on her own and didn't call authorities out of fear. The child's grandmother called authorities and said her daughter's car "smelled like death."

But investigators said the apartment where the baby sitter supposedly lived had been vacant for months and that Anthony lied about her job.

Earlier this week, Baez, said: "I sincerely believe that when we have finally spoken, everyone, and I mean everyone, will sit back and say, 'Now, I understand. That explains it.'"

Judge Rules On Motions

Meanwhile, Ninth Circuit Judge Stan Strickland released his order on Anthony's motion to preserve forensic evidence and to consider additional testing.

The order stated:

"Being duly advised in the premises, the defendant's motion is denied in part and granted in part.

"Specifically, the portion of the defendant's motion which seeks to halt the handling and analysis of any and all forensic evidence is denied. The court knows of no authority or logical reason why the state should be prevented, even temporarily, from further analysis of relevant evidence.

"The defendant's request to be notified in advance regarding any further testing is granted. Following reasonable notice by the state the defendant may have an expert present to view any further scientific testing performed by the state. Should the defendant choose to have an expert present at any further testing, the expert's presence is merely to view and document the means and manner of testing. The right for a defense expert to be present at any further testing does not include the right to interfere with, thwart, or even comment on the testing procedures as they occur. The state shall make every effort to retain a large enough sample of any item tested so that the defense expert may have an oppurtunity to conduct their own test on same. Reliability and admissibility of any test performed by either party is not the subject of this motion or order."

Vehicle Swap Before Arrest

On Tuesday, Cindy Anthony, the mother of Casey Anthony, was videotaped scolding a TV news van and erratically cutting across traffic before her daughter was secretly transferred to a vehicle and later arrested during a wild post-indictment ride in Orlando streets.

A grand jury issued a sealed indictment charging Casey Anthony with first-degree murder in the death of daughter Caylee, even though the child's body has not been found during a four-month search.

The grand jury also charged Anthony with aggravated child abuse, aggravated manslaughter and four counts of lying to investigators about Caylee's disappearance.

After the indictment was delivered, Casey Anthony and her mother left attorney Jose Baez's office in Kissimmee and began to drive around Orlando at about 3:30 p.m. Tuesday.

Cindy Anthony was videotaped cutting across two lanes of traffic in an apparent attempt to lose several television crews following behind.

Anthony then cut across a shopping center and drove through parking lots.

Sky 6 showed Cindy Anthony eventually jumping out of the vehicle on a road and waving her finger at the driver of a television van while walking down the road.

Anthony jumped back in her SUV and drove into a no-fly zone near the Orlando International Airport and Casey Anthony switched vehicles.

"They pulled a switcharoo," a photographer yelled as the cars stopped underneath an overpass and out of view of helicopters.

A car traveling behind another sport utility vehicle then cut off a Local 6 vehicle.

Local 6 asked Baez about the incident.

"As he attempted to try to get away from them, he didn't know if someone was trying to harm Casey or what," Baez said. "At that point, finally, it turned about to be law enforcement and they in turned pulled him over and (the driver) identified himself as the bondsman."

Anthony was taken into custody by police during the stop.

Baez also said he didn't want a media circus or anyone filming Anthony being handcuffed, Local 6 reported.

Anthony Makes Appearance

Casey Anthony made her initial court appearance on charges that she murdered Caylee.

Anthony went before Judge John Jordan, who read the charges against her.

Dressed in a blue jail jumpsuit, Anthony made no comment during Wednesday's 90-second hearing.

Her attorney, Jose Baez, declined comment afterward.

She will be arraigned in about 30 days.

Audio Breach At Courthouse

Meanwhile, audio of a grand jury's secret proceedings in the nationally-watched case of Casey Anthony was mistakenly sent outside the courtroom and to all media outlets plugged into the courthouse system.

"I don't know what was listened to or what was heard until the time that it was turned off," Orange County Chief Judge Belven Perry said. "Everyone who may have heard needs to govern themselves accordingly."

Tuesday afternoon, Casey Anthony was accused in the indictment of killing her daughter even though the child's body has not been found.

A grand jury returned charges of first-degree murder, aggravated child abuse, aggravated manslaughter and four counts of lying to investigators against Casey Anthony in the death of her daughter, Caylee, State Attorney Lawson Lamar said.

However, before the indictment, Local 6 crews realized that audio from the grand jury's secret meeting on the 23rd floor of the Orange County courthouse was being piped out of the building.

Court officers and the state attorney's office were immediately notified of the breach.

After a flurry of activity that could be witnessed outside the grand jury room, the audio feed was cut off and proceedings were suspended.

Perry said court administration was to blame for the mistake. He said the state attorney's office had nothing to do with the mistake.

Casey Anthony's attorney, Jose Baez was notified of the breach.

"This should have been a secret proceeding," Baez said. "There is so much that should not have been leaked and has. It is making a joke of the whole situation. It is a sad day for justice."

Baez said he is researching whether the breach could impact the murder indictment.

Perry warned anyone who heard anything that they should not reveal what they learned under threat of contempt of court.

It is not known if the breach could jeopardize the state's case against Casey Anthony but the state attorney said he does not think it will have an impact on the indictment.

Baez: Everyone Will Understand

Earlier, Casey Anthony's attorney, Jose Baez lashed out at law enforcement and what he called "systematic leaks" in the case as a tearful Anthony stood next to him during a news conference.

Baez and Anthony walked in front of a group of reporters and first discussed a grand jury.

"(The grand jury) is secret for various reasons," Baez said. "One, you don't want it to compromise the integrity of the grand jury. Two, you certainly don't want any targets of the grand jury be aware and three you don't want to have to possibly taint those opinions of the grand jurors. Of course, none of that is being accomplished today. You have a situation where, I truly believe, if a prosecutor wanted to walk in there without calling any testimony, they can ask does anyone want to indict Casey Anthony and they'd all vote yes by now. They'd do this no because of any evidence that has been presented or released in discovery in this case (but) they do this because of the systematic leaks that have gone out from the state attorney's office and law enforcement. Evidence that no one has seen and no one has had the opportunity to test and no one has the opportunity to independently verify."

Baez said Casey Anthony has never run from the situation.

"She is not running from this. She has never attempted to run away from the situation and everyone must understand that. She is doing her best to stand strong before everyone and to standup to the powers that are working against her. They threw the kitchen sink at her a long time ago -- a very long time ago."

Baez then asked people to remember the U.S. Constitution.

"Casey has been going through a nightmare and has been living a nightmare for the last several month," Baez said. "She has a missing child and she is also someone's child. This family has had to withstand something unlike anyone has ever seen. We just ask that everyone respect that and everyone understand what Casey Anthony is going through."

Baez said if the evidence is what it is supposed to be, it will withstand the rigors of cross examination. He warned people not to jump to conclusions.

"That is not why we have people dying in Iraq for," Baez said. "That's not why we have been fighting to keep these freedoms alive. This is the ultimate test. Everyone here should be aware of that and everyone should embrace that. I've told you many times that I understand the freedom of the press but I think it should be fair and balanced. And just because we have yet to disclose or explain Casey's version of events doesn't make it any less credible."

Baez then lashed out at law enforcement.

"The question should be posed and turned around toward law enforcement as to why they are behaving the way they are," Baez said. "Why they are attempting to circumvent our Constitution."

Baez said he has been asked about the politics of the situation.

"I want you to hear it straight from my mouth." Baez said. "These are my words. I understand that there is an election going on and I understand that those days are numbered and I understand that Casey Anthony is public enemy #1 and that the state attorney's office and the sheriff's department is under a great deal of pressure to close this case. I don't think Lawson Lamar -- and I certainly hope -- that Lawson Lamar would not utilize a missing child to keep his job. So, I'm not going to throw out any accusations. We all know what the situation is and if people want to conclude that, I'll allow them to do so. But as far as straight up accusations, it is not coming from me."

Baez also said that he thinks it will be investigated.

"If that is a reality of the situation, it will come out at a later time," Baez said. "I'm not going to engage in any mudslinging. I don't think it has any place here."

Baez said he has been preparing for the very worst.

"I wouldn't be doing (Casey Anthony) a proper service for what is probably going to go down today," Baez said. "We have a court system set up for this and that is what we are going to utilize the system for -- for a search for the truth and nothing more."

Baez urged the media to ask the tough the questions.

"I sincerely believe when we have finally spoken, everyone -- and I mean everyone -- will sit back and say, 'Now I understand and that explains it.'"

Baez then ended the new conference without answering questions.

Baez let nearly all local media crews into his office except for a television crew.

"Casey wants to be here and she has always wanted to speak but she trusts me and will allow me to speak for her," Baez said. "There will be no questions or any blurting out of anything. If there is, of course, you will find yourself out in the parking lot with some other less respectful people (TV crew)," Baez said. "I won't stand for any tabloid reporting or any cheap shots or lack of respect."

Cindy Anthony Discusses Leaks

Meanwhile, the grandmother of missing Caylee Anthony is blaming politics and the upcoming election on recent leaks concerning the case of her daughter, Casey.

"I feel that a lot of what is going on right now is a political move on the state attorney's office - Lawson Lamar," Anthony said. "I feel that right now I think the reason these leaks are being let out -- especially about the grand jury is because of the upcoming election."

Anthony said she is tired of how the story of Casey and Caylee Anthony has played out in the media, Local 6 reported. She said she hopes that media reports don't negatively affect the panel of 15 grand jurors Tuesday.

Anthony said Tuesday's grand jury is not upsetting her daughter.

"She is upset about her daughter," Anthony said. "You know that the grand jury hearing tomorrow is not upsetting her. What she is upset with is finding out the information that you know, they stopped looking for Caylee. That is what is upsetting to her."

A national search for Caylee continues.

Watch Local 6 News for more on this story.

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