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00:01:25Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at New East.
00:01:38Hey, everyone. I'm Megyn Kelly. Welcome to The Megyn Kelly Show in today's weekend mega episode.
00:01:44Today, we're bringing you every episode of our MK Confidential series on Casey Anthony.
00:01:48We went through all the angles, including the trial that captivated the nation and how the jury somehow ended up finding this woman not guilty.
00:02:00But I actually learned a lot about how that actually happened, and I think you will too.
00:10:16This time, she reaches the Orange County Sheriff's Office.
00:10:20I have someone here that I need to be arrested in my home.
00:10:25The dispatcher tells Cindy a deputy will come when one is available.
00:10:41Cindy hangs up and waits, moving back and forth through the house.
00:10:44I was trying to stay close to the garage in case they came so I could hear them.
00:10:51So I was pacing back and forth between the hallway from the living room to the garage, into the living room to Casey's room, and back and forth.
00:11:02I was just pacing because I was getting angrier and angrier and more upset as I was waiting.
00:11:10Lee takes his sister Casey into the bedroom and keeps talking to her.
00:11:15This time, she tells him something different.
00:11:17She tells him Kaylee has been gone 31 days and that the nanny took her.
00:11:24Cindy hears part of the conversation through the bedroom door.
00:11:29Lee keeps Casey talking, then lowers his voice so their mother cannot hear the entire conversation.
00:11:36About an hour and a half after that first call to 911, Cindy calls again for the third time that night.
00:11:43the dispatcher asks for the child's name kaylee c-a-y-l-e-e then she asks how long kaylee has
00:12:00been missing cindy says june 7th but she is wrong kaylee was seen alive more than a week
00:12:08after that and the dispatcher asks to speak to casey can you tell me a little bit what's going
00:12:14on my daughter's been missing for the last 31 days and you know who has her i know who has her
00:12:23i've tried to contact her i actually received a phone call today now from a number that is no
00:12:29longer in service i did get to speak to my daughter for about a moment about a minute
00:12:34Why are you calling now? Why didn't you call 31 days ago?
00:12:38I've been looking for her and have gone through other resources to try to find her, which is stupid.0.98
00:12:45Casey has just told a 911 dispatcher that she spoke to Kaylee that day.0.93
00:12:51By then, Kaylee has been gone for a month, as Casey confessed to her brother Lee.
00:12:58Casey gives the dispatcher the name of the woman she says has her daughter,
00:31:12outside my shed to keep her car going.0.52
00:31:15Cindy's mother, Shirley, would later estimate0.94
00:31:16that Casey stole as much as $45,000 from her parents.
00:31:21But Casey does not only steal from her parents.
00:31:24In August 2007, Kaylee turns two, and Cindy's mother Shirley comes to stay with them and attends the little girl's birthday party.
00:31:34Casey sneaks into the guest bedroom, reaches into her grandmother's purse, and carefully peels a check out of the book, from the back, so she wouldn't notice for a while.
00:31:46Casey buys her daughter's birthday cake from Publix with that check, $54 for a cake and decorations.
00:31:54She writes her own driver's license number on the back.
00:31:58Days later, Shirley notices the missing check.
00:57:34Hours later, Casey calls home from the Orange County Jail.
00:57:37She has seen her mother on television talking about the case.
00:57:42The jailhouse recording is later played aloud in court with Cindy in the witness box.
00:57:46Casey? Mom. Hey sweetie. Well I just saw your nice little cameo on TV. Which one? What do you mean which one? Which one? I did four different ones and I don't know, I haven't seen them all, I've only seen one or two so far. You don't know what my involvement is and stuff? Casey? Mom. What? No. I don't know what your involvement is sweetheart. You're not telling me where she's at.
00:58:13Because I don't fucking know where she's at. Are you kidding me?0.98
01:10:31In August, a local meter reader named Roy Cronk calls the Orange County Sheriff's Office three times about that same stretch of swamp in the woods.
01:10:41That same month, a man from the neighborhood, Keith Williams, goes into those woods after talking to a psychic who tells him Kaylee will be found in the woods near the road.
01:10:54Keith finds a deflated balloon, stuffed animals, and several pieces of children's clothing.
01:11:00He takes them to the Anthony house and Cindy says they are not Kaylees.
01:11:05Keith calls the Orange County Sheriff's Office.
01:11:08None of those items will be officially tied to Kaylee,
01:11:11but they do bring police back to the woods again.
01:29:42This is still a very ongoing area of forensic science, is it not?
01:29:49there's still research being done. I mean, I'm conducting research myself. It's pretty well
01:29:59established discipline, but it's mostly, for the most part, based on the experience,
01:30:08experience of hair examiners and observing hairs known to be from deceased individuals,
01:30:14hairs known to be from living individuals, and noticing these differences.
01:30:19The defense gets Shaw to admit that he submitted his root banding validation study for approval only after he'd already been deposed in this case and after he'd already given his opinion on the hair evidence.
01:30:32They elicit an admission that Shaw then asked to have the study expedited so it would be finished before trial.
01:30:40He looks agenda driven, perhaps even self-aggrandizing.
01:30:44Then prosecutor Jeff Ashton gets up to rehabilitate Shaw.
01:30:48the um the studies that you base your opinions on aren't just these hairs from tennessee correct
01:30:57that's correct i mean you're you use these as an example but the the literature contains studies
01:31:05of hairs from many different areas of the country under many different environmental conditions isn't
01:31:10that correct? There are publications with images of banding, but, you know, again, it's based also
01:31:18on experience and receiving cases all over the world, really. And to this point,
01:31:25the only environmental condition that has consistently been found to lead to post-mortem
01:31:35banding is the attachment of the hair to a decomposing body. At this point, that's where
01:31:41the science is, correct? That's correct. No further questions. The hair also goes to an FBI examiner
01:31:49named Karen Korsberg Lowe, who puts it under a microscope. The hair from the trunk is untreated.
01:31:56It has never been bleached or dyed and is microscopically dissimilar to the sample from
01:32:02Casey. Lowe excludes Casey Anthony as the source of the hair from the trunk. The known sample she
01:32:09has for Kaylee is a hairbrush with a single hair in it. She tells the jury the two hairs have
01:32:14consistent characteristics. However, she cannot confirm an exact match. Lowe sends out a piece
01:32:22of the hair for mitochondrial DNA testing. Mitochondrial DNA is passed down from mother to
01:32:28child, generation to generation. It is identical, so cannot point to any one person within that line.
01:32:36Katherine Tyson, also of the FBI, handles the actual DNA analysis. She compares a cheek swab
01:32:43from Casey Anthony, the hair from the trunk, and a hair from the mass of hair that was found
01:32:49with the skull in the swamp. All three share the same mitochondrial DNA. The hair in the trunk
01:32:57belonged to someone in Kaylee Anthony's maternal line.
01:33:01Kaylee, Casey, Cindy, anyone else on that side of the family.
01:33:06Tyson explains how rare this finding is on the stand.
01:33:10Further, I would not expect to see that mitochondrial DNA type
01:33:13in more than 0.26 of the African-American population,
01:33:18nor in more than 1.85% of the Caucasian population,
01:33:22nor in more than 39% of the Hispanic population.
01:40:55The medical examiner sends samples to Bruce Goldberger, a nationally recognized forensic toxicologist at the University of Florida, for testing.
01:41:06A piece of bone marrow scraped from inside the thigh bone and a hair taken from the mat around the remains.
01:41:14Goldberger tests those samples for a long list of substances.
01:41:21But in his report, he adds an important caution.
01:41:24A negative test does not prove that Kaylee was never exposed to chloroform before she died.
01:41:30In her opening statement, prosecutor Linda Drain Burdick told the jury the duct tape would explain how Kaylee died.
01:41:37Now the state turns to the duct tape itself.
01:41:41Several overlapping pieces of tape were found across the front of the lower skull, over the lower jaw, and part of the upper jaw as well as still caught in Kaylee's hair.
01:41:52In the written autopsy report, the medical examiner is unequivocal about when it was put there.
01:41:57Quote, this duct tape was clearly placed prior to decomposition, keeping the mandible in place.
01:42:04In other words, the report says the tape was already on Kaylee before her face decomposed.
01:56:50Who was involved with this stuff for Kaylee?
01:56:52Before that, he says, I blame myself for her being gone.
01:56:56You know, for months, as a matter of fact, for a year or so,
01:57:01I brought up stuff only to be told not to be negative.
01:57:08Two and a half years after he wrote them, those words come back.
01:57:12Only now, George is not sitting alone in a hotel room.
01:57:15He is sitting a few feet from his daughter.
01:57:19Casey Anthony is on trial for murdering his granddaughter, Kaylee.
01:57:24And a prosecutor is reading his suicide note to the jury,
01:57:27trying to show them that George had no idea what happened to Kaylee.
01:57:31It is a point made necessary by defense attorney Jose Baez, who in his opening statement tells the jury that George found Kaylee dead in the family pool and helped conceal her body.
01:57:45As a result, George was the first witness the prosecution called.
01:57:49Were you present in your home when Kaylee Anthony died?
01:57:58No, and when I heard that today, it hurt really bad.
01:58:01because if I would have known something would have happened to Kaylee,
02:07:23And I'll tell you another thing, that if an autopsy was done in a corresponding to what I think every forensic pathologist will tell you, where the head is not opened, that tells me about a shoddy autopsy.
02:07:41Excuse me the expression, but you provoked it.
02:07:44A shoddy autopsy, because if the head is not opened, what else wasn't examined?
02:07:49On cross-examination, prosecutor Jeff Ashton presses him on that point.
02:07:54Where is it written that a skull has to be opened for the examination to be complete?
02:08:35Lead defense attorney Jose Baez takes Cindy back to the family computer and straight to one of the most damaging pieces of evidence in the case.
02:08:42As it turns out, there were two separate afternoons that someone searched the word chloroform on the Anthony family computer.
02:08:53On March 17th, the search was just for chloroform.
02:08:57The other, on March 21st, was for specifically how to make chloroform.
02:09:03If Cindy made those searches, the defense has an innocent explanation for them.
02:09:08If she didn't, the state can point the searches back to Casey.
02:13:08She met George Anthony in the summer of 2008 at a volunteer command center people had set up while Kaylee was still missing.
02:13:17Crystal testifies that she and George began an affair.
02:13:20And around Thanksgiving that year, while Kaylee was still missing, Crystal says George came to her house and told her something she has never forgotten.
02:13:30He was sitting on my couch and I was sitting on the floor.
02:13:35and he had told me he had said it was an accident that snowballed out of control but
02:13:42I was in shock and by the time I looked up his eyes were filled like with tears and
02:13:50I didn't elaborate. I didn't ask him anything further. I didn't think that he could raise
02:13:57somebody that was capable of harming her child and that's when he said it was an accident that
02:14:05snowballed out of control george sits beside his wife cindy during crystal's testimony he denies
02:14:11the affair from the witness stand but crystal holloway has a text message from him it's dated
02:14:17tuesday december 16th 2008 five days after kaylee anthony's body was found the text reads quote
02:14:25just thinking about you i need you in my life george admits he sent the text but his explanation
02:14:32is that he needed every volunteer he could get.
02:14:36Crystal admits that she lied to police0.93
02:14:39when they first asked her about the relationship
02:27:06And it is during the state's rebuttal case that George Anthony's letter from the Hawaii Motel in Daytona Beach two years earlier finally goes into evidence.
02:27:17Jeff Ashton introduces it. Jose Baez objects. Judge Perry points back to Baez's own questioning
02:27:25of George as the reason the letter is now admissible. So the jury gets to read the eight
02:27:31pages George wrote alone in that motel room, agonizing over not knowing what happened to
02:27:38Kaylee. On the morning of July 3rd, 2011, before either side gives its closing argument, Judge
02:27:45Perry rules on what the lawyers can and cannot say to the jury. He starts with the unsupported
02:27:51allegations thrown out by Baez in his opening statement that George Anthony and Lee Anthony
02:27:56sexually abused Casey. Judge Perry says there is absolutely no evidence to support either in the
02:28:05record. Lee was not asked a single question about it and rules that Baez cannot mention either
02:28:11allegation in closing. The judge turns his focus to the drowning theory. No witness has testified
02:28:17that Kaylee drowned. No one has told this jury they saw it happened and nothing in the evidence
02:28:22establishes when a drowning would have occurred. But the defense does have pictures of the pool
02:28:28behind the Anthony house, the pool ladder, and Kaylee, not yet two years old, opening the sliding
02:28:34glass door by herself. That is enough for Judge Perry. There is evidence that the defense can make
02:28:40the reasonable inference of an accidental drowning by the use of the pictures, as Mr. Mason argued.
02:28:50So whether or not one chooses to believe or disbelieve, there is some inference that can be drawn.
02:29:01Years later, I asked Jose Baez where the story of the drowning came from,
02:29:06as well as the sexual abuse allegations he made in his opening statement.
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