Defendant.

) ) ) ) ) ) ) ) ) ) )

In the Circuit Court of the

Ninth Judicial Circuit, in and for Orange County, Florida

STATE OF FLORIDA

v.

Case No.: 482008-CF-0015606-0 Division 16

CASEY MARIE ANTHONY,

Hon. BELVIN PERRY JR.

AMENDED MOTION FOR JUSTICE ADMINISTRATION COMISSION (JAC) HEARING AND MOTION FOR APPROVAL OF OUT OF STATE MITIGATION SPECIALIST AND EXPERT WITNESSES

COMES NOW, the Defendant, CASEY MARIE ANTHONY, by and through undersigned counsel hereby moves this Honorable Court to allow the Defense to proceed in the above encaptioned manner with an out of State Mitigation Specialist, Investigator and Expert witnesses and in support thereof states the following:

MITIGATION SPECIALIST

1. The Defense is respectfully requesting that this Honorable Court allow the Defense to continue with its current Mitigation Specialist Ms. Jeanene Barrett.

2. Ms. Barrett is willing to accept the current rates as set forth by the Justice Administration Commission.

3. It is in the interest of the State of Florida to retain Jeanene Barrett as the mitigation investigator on this case because she has already put in hundreds of hours on this case, and replacing her at this time would require starting over at a substantial cost to the State and the Defendant.

4. Ms. Barrett is very qualified to do this work. She received a Bachelor of Science in Criminal Justice from Southern Illinois University (1996), a Master of Science in Human Services Administration from Spertus College (1998), and a Master of Arts in Social Work from the University of Chicago (2008). She has worked for twelve years within

the State of Illinois child welfare system where she held progressively responsible positions.

5. Also, replacing Ms. Barrett at this point would put Miss Anthony at a severe disadvantage, since relationships have been built over the past year of her work.

6. Investigating these life stories - which is what mitigation investigation is requires an extraordinary level of trust between the capital defense team and the client. Mitigation investigation invades the darkest and most shameful secrets of a client's life. It exposes a raw nerve by re-traumatizing and scratching the scars nearest to a client's heart. It is also cyclical, rather than linear, because the most intimate witnesses i.e. family members and loved ones must slowly build a relationship with the Mitigation Specialist to help all those involved in the case in understanding all aspects of the accused.

7. The key to reliable assessments is social history investigation, the meticulous biographical inquiry aimed at understanding who the client is and what, in his or her background, will help to explain what happened in the alleged capital crime. The investigation focuses on a range of issues, including genetic predispositions, manifested in medical histories of the parents and the grandparents; family histories (including mental illness and/or retardation of caretakers; abuse, maltreatment, abandonment; neglect: malnutrition, anemia, poor hygiene, poor medical/dental care, premature sexualization; instability: divorce, intermittent parents, adoption, foster placements; substance abuse and/or criminal activity among caretakers; domestic violence: physical, sexual, psychological; tragedy: natural disaster, death of family members; and detailed personal histories (including exposure to violence and trauma, recklessness [accidents, injury], truancy, running away, depression, sexual disorders, sleep disorders, substance use/abuse, prescribed medications, school performance/adjustment, psychological testing, evaluations, therapy, etc.

8. These investigations are ongoing in this case, and not funding Ms. Barrett to finish her work would require that all of this ground be covered again at a substantial cost.

OUT OF STATE INVESTIGATOR

9. The Defense is respectfully requesting that this Honorable Court enter an order allowing the Defense to use Illinois licensed private Investigator, Mortimer Smith, for all out of state investigations.

10. Mr. Smith is willing to accept the current rates as set forth by the Justice Administration Commission.

11. Mortimer Smith (aka Mort Smith) is the co-founder and Associate Director of the Criminal Defense Investigator Certification Program. Mr. Smith received his M.A. degree from Western Illinois University. Mr. Smith is a practicing Licensed Private Investigator who specializes in criminal defense and civil rights violating cases. He is a consultant to attorneys and criminal defense investigators on matters concerning criminal cases. He is the primary instructor for the Criminal Defense Investigator Certification Program at DePaul University. He has lectured to many different audiences on various subjects on criminal defense investigations. Mr. Smith is the former ChiefInvestigator of the Cook County Public Defenders Murder Task Force and the Former ChiefInvestigator for the Illinois Capital Resource Center (now the Capital Litigation Division) of the Illinois Office of the State Appellate Defender. Additionally, Mr. Smith is the Chair of the Investigator Division of the Illinois Association of Criminal Defense Lawyers (IACDL) and writes a column in the IACDL newsletter discussing issues surrounding the criminal defense investigations.

12. Mr. Smith has been the Capital Defense team's lead investigator for over a year (since the State of Florida reversed it's position on the death penalty) and is intimately familiar with all aspects of this very complex case and has worked hundreds of hours and traveled to at least 5 different states investigating this case in order to assist in Ms. Anthony's defense.

13. The Justice Administration Commission (JAC) allows for out-of-state investigators to be used for witnesses located out of state upon the entry of a court order. The Defense is fully willing and able to comply with all JAC requirements.

14. Moving forward the Defense fully intends on using Florida licensed investigators, however for out-of-state witnesses, would like to use Mortimer Smith and ask that this

Honorable Court enter an order in compliance with the JAC standards allowing Mr. Smith to proceed as the Defense's out-of-state investigator.

OUT OF STATE EXPERT WITNESSES

15. All current Defense experts are willing to accept the current rates as set forth by the Justice Administration Commission.

16. Ordinarily, the Justice Administration Commission (JAC) requires that the Defense hire instate expert witnesses. However under extraordinary circumstances the Defense may, upon entering of a Court order, hire out-of-state witnesses for its cause.

17. If there were ever an extraordinary case, it would be the State of Florida versus Casey Marie Anthony.

18. The natural progression of this case through it's twists and turns has left all parties never knowing what will happen next, much less being able to anticipate the opposing parties next move, at least from a defense standpoint. What started out as a Child neglect case quickly catapulted into a homicide investigation to a First Degree Murder Indictment without a body, to one with a body, to a full blown Death Penalty Case. The argument being that it was extremely difficult to anticipate what type of case will ultimately go to trial?

19. The Defense, at its current position at the time, and in good faith, contracted numerous expert witnesses to combat the ever-changing positions of the State's circumstantial evidence.

20. These experts have worked numerous hours not only inspecting evidence, reviewing discovery (which totals 14,620 pages to date), additionally, the undersigned counsel has exhausted numerous resources traveling to 6 different States to meet with and consult with these experts.

21. Most importantly there are multiple pieces of evidence that have been inspected or reviewed that can no longer be reviewed and would result in an irreversible prejudice to the Defendant Miss Anthony.

22. Naturally the Justice Administration Commission's main concern relates to that involving travel, however, denying the Defense's request will be more costly as the work that has been done must be repeated by in-state experts, thereby making the costs much

more than the costs of travel, which for most of the witnesses, involves the costs of coming to the State of Florida to testify once.

WHEREFORE, The Defendant, Casey Marie Anthony, respectfully requests this Honorable Court enter an order allowing the defense to utilize an out of State Mitigation specialist, Investigator and expert witnesses.

"7"1- Dated:~ 2010

J. Cheney Mason

390 N. Orange Avenue, Suite 2100 Orlando, FL 32801

407-843-5785 (phone) 407-422-6858 (fax)

Andrea D. Lyon

Director, Center for Justice in Capital Cases DePaul University College of Law

14 E. Jackson Blvd., First Floor

(Mailing Address: 1 E. Jackson Blvd.) Chicago, IL 60604

312-362-8402 (phone)

312-362-6918 (fax)

Jose A. Baez

The Baez Law Firm 522 Simpson Road Kissimmee, FL 34744 407-705-2626(phone) 407-705-2625 (fax)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by U.S. Mail and or Fax/hand delivered to the Clerk of the Court at 425 North Orange Avenue, Orlando, Florida, 32801 (Fax.: 407-836-2306); to Office of the State Attorney at 415 North Orange Avenue, Orlando, Florida 32801 (Fax: 407-836-2330); Justice Administrative Commission, PO BOX 1654, Tallahassee, FL 32302 (Fax: 850-488-8944) on this the If%ay of /Jlry 2010.

NIICHELLE MEDINA, ESQUIRE FL Bar No.: 0064380

THE BAEZ LAW FIRM

522 Simpson Road Kissimmee, Florida 34744 Tel.: (407) 705-2626

Fax: (407) 705-2625