This is a rush transcript from "On the Record ," December 16, 2008. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: Tonight: More evidence just piling up, and Florida sheriff's department thinks there is even more, more evidence to be found in the Caylee Anthony investigation, and they are looking for it. So far, they have a tiny skull with duct tape, and now they have found little bones only a few blocks from the home of little Caylee Anthony's grandparents.
The sheriff's office is still on the scene. Joining us by phone with the very latest on the investigation is Captain Angelo Nieves of the Orange County Sheriff's Department. Welcome, sir. And sir, if you can just tell me, what is the sheriff's department doing in the last couple of days and today?
CAPT. ANGELO NIEVES, ORANGE COUNTY SHERIFF'S OFFICE: Well, the last couple days, and obviously, early this morning, we were back out at the scene with the crime scene investigators, the FBI and the FDLE, all looking at the location, again, fresh eyes, and continuing to sift through the location. They've obviously threaded the area out, and there's a concentrated area where a lot of the findings are occurring. But obviously, they're sifting through a larger perimeter of the location.
VAN SUSTEREN: How big would you describe the perimeter, at least, as it exists now? And I understand that things could change, of course.
NIEVES: Approximately 100 by 100, the area where they're looking, and subject to change as they grid out the pattern, and so forth. But approximately that area is where they're looking in right now. Obviously, the original find was approximately 30 to -- 20 to 30 feet from the roadside, and obviously, that has expanded due to the shifting of the materials or the evidence that's been located.
VAN SUSTEREN: Do you know if there's been any outreach from the defense, from the defendant herself, after the discovery last week of the tiny skull? Have there been any sort of discussion going on in terms of, you know, whether or not this case may resolve faster than what one might ordinarily expect?
NIEVES: I have not been privy to any of the discussion between the defense attorney and any that has occurred or more obviously have not during the -- between the defense and the state attorney's office or investigators. Obviously, there have been some emergency hearings that have been requested by the defense, but no outreach to our investigators as far as any cooperation that we've always asked for.
VAN SUSTEREN: How would you describe the cooperation of the grandparents?
NIEVES: Well, at this point, I mean, they continue to provide some cooperation. They've provided some fingerprints earlier on this last week. So they've provided what they have to and pretty much maintained their seclusion, if you will, from the scene.
VAN SUSTEREN: If they interfered in any way with the investigation, as far as you can tell now?
NIEVES: No, ma'am.
VAN SUSTEREN: So I mean, we hear rumors that they might be charged with obstruction. Those are just frankly rumors, and there's at least no truth to that?
NIEVES: No. At this point, we're going to continue to follow the information and the evidence out at the scene. That is our priority currently. Obviously, our investigators, if there's any issues regarding any cooperation or obstruction or anything of that sort, a lot of it is being speculation at this point. We're going to stay focused with the investigation out at the scene. And obviously, you know, we're treating this very delicately. We're also dealing with the body of a child that's been found. So it's also dealing with it respectfully and solemnly that it deserves.
VAN SUSTEREN: You know, it must be sort of tough, especially for those members of your department who were some of the first to arrive on the scene, when the skull and the duct tape and everything was removed from the scene. That's tough, isn't it.
NIEVES: It's a tough situation. I mean, you have a -- obviously, you have the worker that discovered -- made the discovery initially, as you can tell on some of the tape that was released yesterday regarding the 911 operator. So it's something that touches our community, law enforcement, when you find the body of a child or the skeletal remains of someone who's of that age.
VAN SUSTEREN: I remember when I was down there speaking to people in your office and it was mentioned by at least more than one the phrase, I have kids. And so you know, that always -- I don't mean -- I suppose it's not worse for those who have kids, but nonetheless, it's a constant reminder.
NIEVES: Exactly. I mean, we in law enforcement, one of the toughest cases that you can work are, you know, child homicides or anything that is of that sort, when you have a little young child that basically is at the mercy of adults that watch over them.
VAN SUSTEREN: How about...
NIEVES: And in this case -- go ahead. I'm sorry.
VAN SUSTEREN: Go ahead. I'm sorry, sir. I interrupted you.
NIEVES: In this case, we have a situation, as is evident, you know, a small child that was -- could not have done anything on their own besides what their parents or at the mercy of a parent. And we have a situation, we have a dead child.
VAN SUSTEREN: And I suppose the thing that's so tough for all of us watching, even from afar, and even worse for you right down there up front and personal, is that the mother has not seemed to be enormously helpful in this, to put it politely.
NIEVES: Right. I mean, again, we're talking about a situation which we have a child that's been discovered. We have not made positive identification. So I don't want to, you know, even circumstantially link both of them at this point. But obviously, the circumstances, the totality of everything that has occurred in our find, the closeness to the house, is not lost on us.
VAN SUSTEREN: Captain, thank you, sir. And good luck, sir, in your investigation.
NIEVES: Thank you, ma'am.
VAN SUSTEREN: Days after her arrest, Casey Anthony's parents visited her at the jailhouse. The jailed mother, now charged with her daughter's murder, talked to her parents from behind bars about little Caylee.
(BEGIN VIDEO CLIP)
CINDY ANTHONY, GRANDMOTHER OF MISSING TODDLER: Just wondering if there's anything else you want me to tell Caylee because everybody -- you know, I always get an opportunity to speak to the media. Is there anything you want me to say to Caylee, any new thoughts or anything?
CASEY ANTHONY, MOTHER OF MISSING TODDLER: Just tell her that I love her and that I miss her. I mean, that's the constant. I'm being as strong as I can, considering the situation. It's just hard. It's just very hard.
CINDY ANTHONY: I know.
CASEY ANTHONY: I just -- God, I just want to go home! Every day I wake up, I'm just hoping and praying that I get to go home. I just want to be with you guys. I just want to help find her.
(END VIDEO CLIP)
VAN SUSTEREN: Forensic pathologist Dr. Michael Baden joins us. Dr. Baden, there was an emergency hearing today in Florida. The defense wanted from -- in the Caylee Anthony case, they wanted photos, videos, drawings from the woods. They didn't get that. They wanted a request for a forensic scientist to be appointed. They didn't get that. And they wanted a second autopsy. They didn't get that. Not necessarily a very good day for the defense, was it.
DR. MICHAEL BADEN, FORENSIC PATHOLOGIST: Right. Well, actually, the second autopsy will be done at some point. They wanted to be present when the autopsy was done. Traditionally, in this country, that's allowed. Going to the crime scene before it's completed by the police is not traditionally permitted, although usually, the police will preserve the crime scene after they're finished if the defense wants its experts to look at it before the public is allowed to come in on it.
VAN SUSTEREN: Is there any -- does the defense suffer at all that they won't get these photos, videos and drawings of the scene where they're now doing all the search? I mean, can they look at it later and no harm, basically, to the defense?
BADEN: Well, yes. You know as a lawyer, that's called discovery. And they'll eventually get all of that. But the defense would like to get it sooner than later so they can proceed with its experts in doing whatever investigations they deem necessary to find any evidence that might have been overlooked or misinterpreted.
VAN SUSTEREN: Well, it seems to me that the most damaging thing to the defense in terms of loss today was not being able to participate in this autopsy now.
BADEN: Right because the autopsy is a destructive process. It's always best, in my experience, to let the defense have their expert there because then the expert can come in with different opinions later on at the trial. Their expert is there. If there's any issues they want addressed, if they want something done that hasn't been done, it can all be done and they can't criticize it later.
VAN SUSTEREN: All right, Dr. Baden. Thank you. And of course, that was an emergency hearing today in Florida. Thank you.
BADEN: Thank you, Greta.
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