By Brennan McCord

Jun 10, 2010 12:17pm

Prosecutors in Casey Anthony Case: Jury Should Hear 911 Calls

ABC News' Brennan McCord reports:

Prosecutors in the Casey Anthony case argued Wednesday that the jury should hear 911 calls made by Anthony’s mother in July 2008.

In a nine-page filing, the prosecutor argues that the 911 calls made by Cindy Anthony help show the progression of stories Casey Anthony told to explain the disappearance of her daughter Caylee. 

However, Anthony’s legal team contends that the 911 calls amount to hearsay and should be kept out of her the trial that is scheduled for 2011.

Cindy Anthony’s first 911 call took place on July 15, 2008.  She reported her daughter for a stolen car.  In the second call she states that her grandchild has been missing for a month. 

During the third call, Cindy breaks down to tears.  “I found my daughter’s car today and it smells like there’s been a dead body in the damn car.”

The calls show how "the defendant 'created' the kidnapping story after denying there was any problem locating Caylee Marie Anthony," Assistant State Attorney Linda Drane Burdick states. "These fabrications demonstrate consciousness of guilt on the part of the defendant.”

Anthony’s defense team argued that the 911 calls should be excluded because they are “testimonial” and because it is a capital case, “unreliable hearsay evidence must be excluded.”

Anthony has pleaded not guilty against the charges of killing her 2-year-old, whose remains were found in woods in December 2008, months after her disappearance and the 911 calls. 

Chief Judge Belvin Perry Jr. said he would rule on the hearsay issue later on in the case.

Return to Cuomo on the Case: http://abcnews.go.com/TheLaw/

 

User Comments

Shame on you, ‘Good Morning America’ for having yet another interview with the Anthonys. Let us know if your people are ever going to ask REAL questions and not kiss their a$$es the entire time and call them on their many, many lies.

Posted by: stef | June 14, 2010, 10:31 pm 10:31 pm

unreliable heresay by cindy in the 911
call, is baez off his rocker, what is
more direct than a mother saying she
smelled a dead body in the car…i been
on 4 juries and the 911 is always let in
especially since its directly from
the killers mother…baez wake up and
why did you get rid of the other judge
anyways,,,bad move….

Posted by: jean | July 3, 2010, 9:36 am 9:36 am

Yes, the 911 call should be heard by the jury. It is very pertinent to the case. Cindy was just reporting the facts!!

Posted by: pat | July 14, 2010, 10:23 pm 10:23 pm

right, the 911 call should be heard by the jury. It is very pertinent to the case.

Posted by: uggs sale | August 2, 2010, 11:02 pm 11:02 pm

“Good Morning America” is no longer a show I watch, I hate when I hear the Anthony’s are coming on, no one wants treal questions for fear they (Anthony)may be upset.. Bad Move for Anthony’s team removing a good Judge, But great move for Great Judge for State..I love his “Don’t play games attitude”

Posted by: Linda | September 2, 2010, 9:03 pm 9:03 pm

no longer a show I watch, I hate when I hear the Anthony’s are coming on, no one wants treal questions for fear they (Anthony)may be upset.. Bad Move for Anthony’s team removing a good Judge

Posted by: EOS 30D camcorder battery | September 3, 2010, 2:12 am 2:12 am

I agree with jean, The call should deferentially be heard by the jury. Why would they leave that out. It’s all Crazy…

Posted by: Lemmbone | September 11, 2010, 12:18 pm 12:18 pm

I agree with jean, The call should deferentially be heard by the jury. Why would they leave that out. It’s all Crazy…

Posted by: Lemmbone | September 11, 2010, 12:18 pm 12:18 pm

Yes, i agree with jean, they should really should be heard by the Jury. Hello.

Posted by: Lemmbone | September 11, 2010, 12:19 pm 12:19 pm

I believe the judge should rule on the hearsay if it is reliable or relevant.

Posted by: juan | September 16, 2010, 3:34 pm 3:34 pm

IMHO:
In common law rules of evidence at least, a statement can only be excluded from evidence if said statement is offered for the truth of the matter contained therein. Doesn’t seem like anyone is offering these statements for the truth of the matter contained.
The prosecution could offer recordings of police interrogations and satatements made to police. Isn’t a call made to 911 a recording of statements to police?
The prosecution could argue that defendant made prior inconsistent statements. Prior inconsistent statments do not constitute hearsay at common law; they constitute just one of tens of exceptions to the hearsay rule and are admissible in evidence.

Posted by: JayG | November 14, 2010, 12:27 pm 12:27 pm

IMHO:
In common law rules of evidence at least, a statement can only be excluded from evidence if said statement is offered for the truth of the matter contained therein. Doesn’t seem like anyone is offering these statements for the truth of the matter contained.
The prosecution could offer recordings of police interrogations and satatements made to police. Isn’t a call made to 911 a recording of statements to police?
The prosecution could argue that defendant made prior inconsistent statements. Prior inconsistent statments do not constitute hearsay at common law; they constitute just one of tens of exceptions to the hearsay rule and are admissible in evidence.

Posted by: JayG | November 14, 2010, 12:27 pm 12:27 pm

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Posted by: question voyance | December 2, 2010, 4:48 am 4:48 am

“NO WAY JOSE” PLEASE USE PHRASE

Posted by: JANE | July 3, 2011, 12:26 pm 12:26 pm

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

911, Hello?
So why do they even Record 911 calls if there not even going to use them. You would think that this would be like the Most important thing to listen to if any. Like If Airplane crashed and a Pilot was Slurring his words ,then you would know that something was Really wrong for that pilot to be Flying at the time. and Trust me, they would listen to those Tapes because family members would want to know if that crew was liable for the crash, so to make a long story Short, /yes they should have listen to the Tapes..

Posted by: Lem Moore | July 17, 2011, 12:19 am 12:19 am

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