ORLANDO, Fla., Dec. 12, 2008
A
medical examiner found evidence among a child's remains that link
them to the home of the missing toddler, the county sheriff said
Friday, offering the strongest indication yet that the remains may
be those of the 3-year-old girl who disappeared last summer.
Orange County Sheriff Kevin Beary said investigators searched the
home early Friday after the medical examiner found "some clues that
came out of the remains" that "linked it to the house." He would not
say what clues were found.
"We took some things out of the house that the forensic people are
very interested in," he said.
The remains were found Thursday by a utility worker on a wooded lot
less than a half-mile from the house where 3-year-old Caylee lived
with her grandparents and her mother, 22-year-old Casey Anthony.
CBS News correspondent Mark Strassman reported that DNA
testing of the remains is underway, and detectives hope to have a
positive ID of the remains by this weekend.
Beary said his investigators and the FBI would work around the clock
and through the weekend to identify the child.
Asked if he believed if the remains are Caylee, Beary said: "I think
it's a good possibility, but I have to wait seven to 14 days for the
DNA analysis."
There are no other similar missing-child cases in the area.
"I say my prayers every day and one of them is to solve this case,"
said Beary, who is retiring in January. "I just hope that we solve
the case on my watch."
A judge denied a motion Friday filed by the defense to inspect the
remains, saying they must wait for a positive identification.
"The investigation continues, and with this recent development, I
believe that everybody is going to be probably re-interviewed and
we're going to talk to everybody," Police Captain Angelo Nieves of
the Orange County Sheriff's Department told CBS Early Show
anchor Julie Chen.
The investigators' focus now: the Anthonys' home. Detectives
searched it again overnight, with the family kept out.
CBS affiliate WKMG reports that crime scene detectives
removed materials, including seven large paper bags and four boxes
of evidence. They also seized four vacuum cleaners and two pesticide
tanks.
CBS News legal analyst Lisa Bloom said investigators are
likely searching for possible matches between trash bags and duct
tape found at the crime scene and what is at the grandparents'
house. "If so, there is potentially a case against the
grandparents," Bloom told Chen. "I emphasize 'potentially'
for accessory after the fact, although no charges are pending
against them."
It's the latest turn in a sad, six-month mystery in which a
three-year-old girl disappeared one month before her mother reported
the disappearance.
Caylee's mother, 22-year-old Casey Anthony, was indicted in October
on first-degree murder and other charges, even though the toddler's
body hadn't been found. She has insisted that she left the girl with
a baby sitter in June, but she didn't report Caylee missing until
July.
But Casey and her family have insisted she killed no one.
"We still believe firmly that Caylee is alive," said Cindy Anthony,
Caylee's grandmother, last month. "That's where our focus has been
from day one."
And in an earlier, recorded jail conversation, Casey Anthony said
this about her little girl: "She's not far. I know in my heart she's
not far. I can feel it."
Lawrence Kobilinsky, professor of forensic science at John Jay
College of Criminal Justice (who has also been retained by Casey
Anthony's defense team), told Chen that Caylee's mother, when
informed of the discovery, "is apparently quite upset by this
finding.
"I'm sure she's having psychological counseling."
Kobilinsky said the first step is to identify the skeletal remains,
which he said can be difficult, particularly for a young child. "So
you really need to use techniques such as mitochondrial DNA analysis
[daughters and mothers share the same mitochondrial DNA]. If
there is any soft tissue that remains, the normal PCR (polymerase
chain reaction) analysis that we hear about in criminal cases is
applicable."
Testing, however, may be compromised because of the exposure of the
remains to contaminants in the environment. "Keep in mind, this area
was under water because of Hurricane Fay until a couple of months
ago," Kobilinsky told Chen.
"We may not know the cause of death and that is a key factor here.
Even the postmortem interval may not be established with a degree of
accuracy, so there are still a lot of questions."
Prosecutors announced last week that they would not seek the death
penalty against Casey Anthony. But if DNA tests confirm these
remains are little Casey, prosecutors could have the evidence needed
to make this a capital case after all: a body.
"If the defense had been able to go to trial without a body being
discovered, hopes for reasonable doubt might have been compelling.
If the body proves to be Caylee, then it immediately becomes an
uphill case for the defense," former U.S. Attorney Kendall Coffey
said.
But law experts said it was unlikely the state would reverse its
decision because prosecutors still have not determined a motive.
And depending on what the evidence yields, the discovery could also
help defense attorneys.
Bloom said that if the remains prove to be Caylee, it
drastically alters the defense of her mother: "If they can establish
the manner of death is different than what the prosecution alleges,
that would be helpful to them."
"If the body was tampered with, if wild animals got to it, if the
evidence they get with it is contradictory in some way, then the job
(for prosecutors) just got tougher," said Jim Cohen, a law professor
at Fordham University in New York.
"This can verify or help to verify their theory: that the child was
killed when the prosecution thinks she was killed," said Richard G.
Lubin, a criminal defense lawyer based in West Palm Beach. "But
until you do some of this scientific work, we don't know what it's
going to show."
A spokeswoman with the state attorney's office said Thursday that
officials wouldn't comment until the investigation was complete.
Even if it's Caylee, no one can say when the sorrow will end.
"It's a double-edged sword," said family friend Holly Gagne. "Either
way there's pain, either way there's suffering. So there's no
answer, no right answer."
