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.
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