Anthony defense: Block party pics

Casey Anthony's defense attorneys have filed a motion requesting that a jury never see photos of the young mother partying while her toddler was missing.

Anthony, 23, is jailed on first-degree murder charges in the death of her daughter, Caylee. Caylee was 2 years old when she was reported missing in July 2008 after being missing for a month. Her remains were found five months later.

Anthony's defense said they want Judge Stan Strickland to bar the prosecution from showing a jury photos of Anthony drinking beer and partying during the month between Caylee's disappearance and when she was reported missing.

In the motion, the defense said photos of her partying while Caylee is missing are too prejudicial. The defense also argued that photos of Anthony partying prior to Caylee's disappearance are irrelevant.

The defense is also asking the judge to prevent a jury from hearing Anthony's mother's frantic calls to 911 reporting Caylee missing and from seeing certain witness statements made by Anthony's parents, friends and detectives.

In the 911 call made by Cindy Anthony, the grandmother tells a dispatcher she wants her daughter arrested.

In the call, Cindy Anthony speculates that her daughter's car smells like a dead body. The defense argued that the comments are pure speculation and cannot be used in court.

Other comments made by Casey Anthony's parents characterize her as a liar and a thief.

The defense said these items would make a jury prejudicial and deny Anthony the right to a fair trial.

Casey Anthony's attorneys cited specific case law to argue why these pieces of evidence should be kept out of the hands of the jury. They said all the potentially prejudicial evidence has been analyzed and dissected in the media and they fear a witness will take the stand and share their own personal opinions about Casey Anthony, which is generally not allowed in court.

Meanwhile, Strickland signed an order scheduling the trial to begin on May 9, 2011.

Anthony's defense also recently filed a motion asking Strickland to declare Anthony indigent and have the state cover the defense's costs.

It was revealed on Friday that Anthony has already paid her defense team more than $111,000, but it was not clear where that money came from.

Anthony recently pleaded guilty to check fraud that occurred prior to her arrest on murder charges. In addition, her parents are facing foreclosure on their Orange County home.

Local 6 legal analyst Mark O'Mara said it is possible that Anthony used money from selling photos, videos or information while Caylee was missing.

"Anything that she may have had that she ended up selling to media may well have been the source of the money," O'Mara said.

O'Mara said it would not be illegal for Anthony to have profited from selling photos or videos while Caylee was still missing.

A New York law prevents people from profiting from their crimes. It was passed after the so-called Son of Sam killer, David Berkowitz, tried to profit from his crimes.

"Florida has a similar statute, but it requires you to be convicted," O'Mara said.

Gainesville mass-murderer Danny Rolling inspired the Florida law when he tried selling art and other materials he produced after he was convicted of killing five college students.

Anthony has not been convicted of murder, so the law does not apply to her.

However, the law states that even before conviction, Anthony and other accused criminals would not be allowed to pay their attorneys with money they obtained illegally. For example, an accused drug dealer could not use money earned from dealing drugs to pay an attorney.

"If it came from an illegal source, then it can be seized by the court," O'Mara said. "There's no allegation here (that) what she got was from an illegal source."

Strickland questioned defense attorney Jose Baez behind closed doors after the state questioned whether he stood to profit from any entertainment deals. At that time, the judge found that the defense, however it has been paid, has done nothing wrong.

Strickland has not ruled on the motion requesting that Casey Anthony be declared indigent, but O'Mara predicted he will approve the request, because denying it could be seen as preventing her from getting the defense she needs in a death penalty case.

Lawyers said the costs could reach half a million dollars by the time the case is over.