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Sunday, July 3, 2011

Casey Anthony murder case may go to jury Monday (Reuters)

ORLANDO, Fla (Reuters) – Tired jurors in the trial of Casey Anthony accused of killing her daughter Caylee decided to rest overnight on Sunday before hearing prosecutors' final arguments and beginning deliberations on Independence Day.

On Sunday, prosecutors argued that Anthony had killed her toddler three years ago, describing a likely manner of her death, while defense attorneys pointed to a lack of evidence of how or where the girl died.

Anthony, 25, is accused of killing her 2-year-old daughter Caylee on June 16, 2008, driving around with Caylee's body in her car trunk for several days and then dumping her remains in woods near the Anthony family home.

If convicted of the most serious charge, first-degree murder, Casey Anthony could face the death penalty.

Prosecutors and Anthony's defense attorneys were given four hours each to make their closing arguments to the jury by Judge Belvin Perry. Prosecutors have almost three hours left that they could use on Monday to finish their arguments.

After prosecutors finish, Perry will instruct the jury on the law and then send them off to decide on a verdict.

In his closing argument, prosecutor Jeff Ashton described how he said Caylee likely died. Ashton said Anthony suffocated Caylee by placing one piece of duct tape over her mouth, a second overlapping piece of tape over her nose and a third to close any gaps.

A prosecution expert witness reported finding signs of a large quantity of chloroform in Anthony's car trunk.

"We can only hope chloroform was used before the tape was applied so Caylee went peacefully without fear," Ashton said.

Ashton argued that Anthony killed Caylee to eliminate what she saw as the biggest obstacle to her living the carefree life of her dreams.

"Casey Anthony decided on June 16th that something had to be sacrificed ... . She took (Caylee's) life and put her in the trunk (of her car) and forgot about her," Ashton said.

However, Anthony's attorney Jose Baez argued that prosecutors had provided no direct evidence of how, where or when Caylee died. He suggested jurors were left with more answers than questions.

"There are no mysteries to solve here ... if you have questions, it was not proven," Baez told the jurors.

Baez noted that the medical examiner could not determine a cause for Caylee's death, but ruled it a homicide anyway. Baez criticized the medical examiner's reasoning that the death was not immediately reported, the body was hidden in the woods and that duct tape appeared to be applied to her airways.

"This is not science," Baez said.

NO SEXUAL ABUSE CLAIMS

Anthony did not testify in her own defense at the trial that is now entering its seventh week. Defense lawyer Cheney Mason made reference to the Independence Day holiday on Sunday, asking jurors to be mindful of her constitutional right to remain silent and to not penalize Anthony for not testifying.

In his opening statement at the start of the trial, Baez had promised jurors that the evidence would show Anthony and her father George had lost track of Caylee at home and that George found her drowned in the family's backyard pool. Baez contended that neither Anthony nor George reported the death.

Baez also told the jurors in his opening statement that George had sexually abused Anthony and the sexual abuse, for reasons Baez didn't explain, figured in a cover-up of the death. George denied the sexual abuse and the drowning story.

But before closing arguments began, Perry ruled that Baez had failed to provide evidence of sexual abuse and banned lawyers from mentioning it to the jury. To explain Casey Anthony's behavior, Baez argued instead on Sunday that the Anthony family was dysfunctional.

"This was an accident that snowballed out of control," Baez told the jury. "Whatever happened afterward has nothing to do with the crimes charged."

The defense sought to focus jurors' attention on the prosecution's lack of evidence, including a lack of DNA, blood and fingerprints to prove their case.

Both sides agree that Anthony lied to friends and family about Caylee's whereabouts between June 16, 2008, and July 15 in 2008 when her mother, Cindy, called the sheriff's department. Cindy found Anthony's car at an impound lot smelling, to her, like a body had been in the trunk.

Anthony told investigators Caylee had been kidnapped by a nanny, triggering a nationwide search for the toddler. Caylee's skeletal remains were found in the woods on December 11, 2008.

If the jury finds Anthony guilty of premeditated first-degree murder, the trial will enter a second phase in which the jury will make a recommendation on whether she should be executed or sentenced to life in prison.

Closing arguments are scheduled to resume at 8:30 a.m. on Monday.

(Editing by Cynthia Johnston and David Bailey)

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