Cindy Anthony: State Deposition

241 Pages·2010·1.2 MB·English

Original document: http://www.wftv.com/pdf/21310276/detail.html

IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN
AND-FOR ORANGE COUNTY, FLORIDA
CASE NUMBER: 48-2008-CF-015606-0
DIVISION 16
STATE OF FLORIDA,
Plaintiff,
vs.
CASEY MARIE ANTHONY,
Defendant.
Orlando, Florida
July 28, 2009
1:1S p.m.
12
DEPOSITION OF:
cv.NO"VrAl

CYNTHIA MARIE ANTHONY 0—
VOLUME I OF II
Marge Raeder Court Reporter, Inc.
999 Douglas Avenue/Suite 3307
Altamonte Springs, FL 32714
407/774-6611 • Fax [phone]
A P P E A R A N C E S :
2 LINDA DRANE BURDICK, ATTORNEY AT LAW
FRANK GEORGE, ESQUIRE JEFFREY
ASHTON, ESQUIRE Assistant State
Attorneys 415 North Orange
4 Avenue Orlando, Florida
32801
5
Appearing on behalf of the Plaintiff.
JOSE BAEZ, ESQUIRE
522 Simpson Road
7
Kissimmee, Florida 34744
8
Appearing on behalf of the Defendant.
9
BRADLEY A. CONWAY, ESQUIRE 189
South Orange Avenue Suite 1850
10
Orlando, Florida 32801
11 Appearing on behalf of the Deponent.
12
I N D E X
13
TESTIMONY OF CYNTHIA MARIE ANTHONY:
14
Direct Examination by Ms. Drane Burdick 3
Direct Examination by Mr. Ashton 167
15
CERTIFICATE OF REPORTER 182
16
17 E X H I B I T S
18 Exhibit Number 1 94
19 Exhibit Number 2 156
20
21
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24
25
14
1
The deposition of CYNTHIA MARIE ANTHONY
2
was taken on behalf of the Plaintiff on
3
Tuesday, July 28, 2009, beginning at 1:15
4
p.m., at the Office of the State Attorney,
5
415 North Orange Avenue, Room 379, Orlando,
Florida, before Dawn R. Matter,
7 Electronic Reporter and Notary Public, State
of Florida at Large.
9
Whereupon,
10 CYNTHIA MARIE ANTHONY,
11
having been first duly sworn by the reporter, testified
12 as follows:
13 DIRECT EXAMINATION
BY MS. DRANE BURDICK:
14
Q All right. Good afternoon. This is the case
15
16 of the State of Florida versus Casey Marie Anthony. The
17 Case Number is 2008-CF-15606. My name is Linda Drane
Burdick for the State of Florida. Also present with me
18
19
is Assistant State Attorney Frank George and Assistant
20 State Attorney Jeffrey Ashton. For Miss Anthony --
21 Miss Anthony -- we have Jose Baez present. And for Mrs.
22 Anthony we have Brad Conway here.
23 You have been sworn by the court reporter.
24
25
If you could state your full name, please.
2 A Cynthia Marie Anthony.
3 Q Okay. And, Ms. Anthony, you have given a
4 deposition before; correct?
5
A Yes.
Q That was a videotaped deposition, if I'm
7 recalling.
8
A That's correct.
9
 As you can see here today, we have no
10
videotape. This is simply an audio recording. The
11
court reporter is going to need us to speak up, not
12
necessarily screaming at each other, we hope, but just
13
as loudly as we can so that the microphones that are in
14
front of us pick up everything we say.
15
A Okay.
16
Q [Pause] Okay. You are here for deposition
17
pursuant to a State Attorney-issued subpoena, which
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means that this is compelled testimony. Do you
20
understand that? Did you talk to your lawyer about
21
that?
22
A Yes.
23
Q Okay. The reason I mention that is because
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the -- a subpoena issued by the State has certain
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protections with it, which are use and derivative-use
immunity. Do you know what that means?
6
A Not really.
2
MR. CONWAY: This is what we talked about the
3 other night. But go ahead and explain it on the
4 record so it's there.
5 BY MS. DRANE BURDICK:
6
Q Okay. Whatever you say to us today cannot be
7 used against you, except if you perjure yourself. All
8 right. That protection is designed to get people to
speak freely without them having to worry about whether
or not they're going to incriminate themselves; okay?
10
A Okay.
11
Q It could be used against another person, but
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anything that you say or any information that we
13
develop as a result of what you tell us cannot be used
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against you.
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A Okay.
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Q That's use and derivative use. All right.
17
Do you have any questions for your attorney about
18

19 that --
20 No. I don't.
21 Q -- before we begin? Okay. All right.
22 If you need to take a break at any point in
23 time during the deposition, since I think that we'll be
24 here for a little while, just let me know.
25
A Okay.
7
Q I thought about taking a ten-minute break
2 every 50 minutes, meaning, you know, at least once an
hour. If you don't need it, just let me know. I'm not
4 necessarily going to be looking at the time, so if
5 someone else in the room needs a break, even if you
6 just need a second --
7
A Okay.
8
Q -- for whatever reason, just let me know.
9
Also, if you need to talk to Mr. Conway for
10
any reason, we have an arrangement. Apparently I
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thought this room was going to be in use, but there's
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one around the hall that can afford you the privacy
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that you might need in case you have any questions for
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him.
15
A deposition is a little different than
16
court. Deposition is not necessarily a cross
17
examination. It's an opportunity for me or some of the
18
19
other lawyers present to ask you questions about
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information you might have. It's not really a
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question-and-answer session like you might have had
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with law enforcement in the past --
23
A Okay.
24
25 Q -- where you might ask them questions in
response to something they ask you. The lawyers really
aren't going to be here to answer your questions for
8
you.
A I understand.
Q Mr. Conway can do that for you at the end -A
Okay.
Q-- if you have any.
The -- the questioning is pretty much open
ended. There are things that I can ask you about that
I'd never be able to ask you about in court, things
that would be irrelevant in court or inadmissible in
court. But the deposition allows us an opportunity to
find out information that could lead --
A Okay.
Q -- potentially to something that could be
used in court. Since this is a sworn statement, there
is the possibility that, if you are called as a witness
in court, that what you say here today can be used to
impeach -- do you know what that means --
A Yes.
Q -- something that you might say.
A Yes.
Q Like, if you say something different
in court --
A Right.
Q -- than you say today.
A Uh-huh.
9
Q A transcript I'm sure will be generated of
this --
A Okay.
Q -- and can be brought to your attention in
the courtroom.
A Okay.
Q Okay. Your lawyer can object, but the
ability to do that is very restricted. He can object
to the form of a question. If I'm asking you a
compound question or one that would require two
separate answers and you don't know which part to
answer or it wouldn't be clear on the record which part
you're answering, he can object --
A Okay.
Q -- and object as to the form of that
question. He can also object if there is a privilege
that you are claiming. The privileges in the law are
very few.

A Okay.
Q But he's certainly experienced enough and can
assert or assist you in asserting any privileges that
you may have. As I had discussed earlier, your
privilege against self-incrimination does not apply
here because of the protections of the subpoena that's
been issued.
10
If you answer the question that I have for
you in context, meaning it sounds responsive --
3
A Uh-huh.
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Q -- to me, then I will assume that you
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understood my question.
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A Okay.
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Q Okay? So if there's something that I ask or
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anyone else asks that sounds confusing to you -A
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I'll just ask to clarify it.
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11 Q -- just -- yeah. Just say repeat
that/clarify it.
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A Okay.
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Q There's nothing wrong with that. And, you
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know, half the time we get carried away with what we're
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doing and might even confuse ourselves. So I don't
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know that you would have a problem interrupting me, but
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don't worry about that if you need to.
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19
20 Now, some of the questions that I ask you,
21 you may feel like you've answered repeatedly in the
22 past; okay? I do that not to try to trick you or to
23 get you to answer differently so I can catch you in
24 some, you know, inconsistent statement. But it's
25 really designed to try to develop other information,
and sometimes it helps to put it in context. And so
that's going to require me to ask some questions that