This is a rush transcript from "On the Record ," January 30, 2009. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: Casey Anthony goes to court, the jailed mother wearing civilian clothes, not her usual jailhouse jumpsuit, hauled in front of a judge this morning in Orlando. Now, Casey's lawyer arguing that defense experts need access to the scene where murdered Caylee's skull was found.
(BEGIN VIDEO CLIP)
JOSE BAEZ, CASEY ANTHONY'S ATTORNEY: ... By our forensic botanists that plant growth is now growing again. It's very important that we see the scene because there may be vital evidence to that area, so...
STAN STRICKLAND, ORANGE COUNTY CIRCUIT COURT JUDGE: All right. (INAUDIBLE) on that?
LINDA DRANE-BURDICK, PROSECUTOR: We've had no contact with the property owner.
STRICKLAND: All right. And again, I guess it's maybe the Hendricks family or Mr. Hendricks? Is that right?
BAEZ: Correct.
STRICKLAND: All right. Your motion's granted. You can have access to the scene.
(END VIDEO CLIP)
VAN SUSTEREN: So what else happened in court? WOFL reporter Holly Bristow joins us live once again. Holly, what else did happen in court today?
HOLLY BRISTOW, REPORTER, WOFL: Well, Greta, the defense did get the right. The judge said, Ok, you can go ahead and inspect this property. The folks that own this property were given the opportunity to show up in court today. They didn't. Have at it, and do what you need to do.
They also said that the Texas EquuSearch company does not have to name over all the tips, and all the names of the searchers that they had that went through that area off of Suburban Drive where Caylee's remains were found. The judge basically felt that he didn't have jurisdiction to order Texas EquuSearch to do so.
Some of the question came in because the group is out of Texas and not Florida, and the judge wasn't sure he had the jurisdiction over that.
Also, you remember that motion to recuse that got a lot of attention this week. The defense is asking for the state attorney's office to be thrown off the case.
They were claiming that somebody from the state attorney's office filed an anonymous complaint with the Florida bar association in an attempt of smearing Baez's name and in hopes of maybe getting Casey's lead attorney thrown off the case. The judge said no and denied that motion as well.
The other thing that they talked about was the defense's witness list. The state attorney's office had an issue with the way that Baez had initially filed that. He has since fixed the witness list. So that was a pretty much a moot point in court today.
And the other big thing that people were talking about today, there was a possibility that we were actually going to get a trial date before the end of court today, but that didn't happen. Instead, in about 45 to 60 days we should know when the next status hearing will be, and that will be in 45 to 60 days--Greta?
VAN SUSTEREN: So why no trial date? Who's dragging his or her feet on this one?
BRISTOW: You know, at this point they had spoken about it in court, and Jose Baez said there's been a mountain of discovery in this case, a lot of it I still haven't gotten yet. There's a lot of things that he still needs to go through.
That seemed to be the gist of it. But both sides did agree that they do believe that this case should be able to go to trial before the ends of the year.
And at that point in time Jose Baez had mentioned possibly bringing up a change of venue, and both the state attorney's office and the judge said it's a little too premature for that. But Baez said he's going to file one pretty soon anyway.
VAN SUSTEREN: We only have 30 seconds left. On another case, the civil case--Zenaida, the so-called nanny, suing Casey, what's the latest on that?
BRISTOW: Well, I just got the stack of paperwork from Morgan and Morgan, those are the attorneys that are representing Zenaida Fernandez-Gonzalez.
This is their notice of service of written interrogatories. Remember, they said they couldn't do the oral ones. So this is 29 questions that they have written down that they want Casey Anthony to sit down with her attorneys and go over.
They range everything from is this woman right here, the Zenadia Fernandez-Gonzalez that you claim you gave your daughter to, have you ever seen this woman in a bathing suit, any kind of marks or tattoos, or anything you can describe her on.
And did you know that somebody by the same name of Zenadia Gonzalez had been at the Sawgrass apartments where you claimed that you dropped your daughter off the day before that all happened, and that she was driving a car similar to the one you described but with New York tags. Lots of questions, and I will tell you that have spoken with Casey's civil attorney on this case, Jonathan Casen(ph), and he said she's not filling any of it out other than her name and her date of birth, and that's it. So this will likely go back to court-Greta?
VAN SUSTEREN: Holly, thank you.
Orlando defense attorney Diana Tennis was in the courtroom today and joins us live. Diana, it always looks so different in person than on TV. What was your impression looking at the defendant?
DIANA TENNIS, ORLANDO DEFENSE ATTORNEY: She seemed very subdued, really wasn't doing much throughout the proceeding. Honestly, she appeared slightly bored, the way most criminal defendants do in court, because it's hard for most people to understand what everybody's talking about, and I think probably most of it went over her head, too.
VAN SUSTEREN: Now, here's an interesting dynamic. There's a lawyer name Mark NeJame down there who represented Casey's parents, George and Cindy. They had some sort of falling out or some sort of problem. He left their representation. He now represents EquuSearch, Tim Miller.
TENNIS: Right.
VAN SUSTEREN: And now the parents have written a letter -- I have a copy of Tim Miller saying "We want the documents about all the search." Is there a problem?
TENNIS: Well, the whole -- it's just one more bizarre twist in a maze of bizarre twists.
What is odd to me most of all is that the Anthonys, the grandparents, really seem to want to get at the truth. At least that's what their lawyer, Brad Conway, keeps saying. And yet, he came in today and said that there was no problem with Mark NeJame having represented them prior, and now representing EquuSearch.
But Mark NeJame was there on behalf of EquuSearch trying to stop bringing this information that the Anthonys claim they want, and obviously their daughter very much wants to have brought forward.
So the whole thing seems to be a very muddled potential conflict of interest from every angle.
VAN SUSTEREN: Indeed that seems rather bizarre.
Right now we're looking at Casey dressed in what we would refer to as street clothes. Usually street clothes are reserved for trial. Do they permit her to have street clothes because this is televised so she doesn't look like a guilty person and poison the jury?
TENNIS: Actually, any time you want to take clothes to a client who's incarcerated, you can take them over to the jail prior to the court date. And, theoretically, you could have them dress for any minor hearing you want to have them dress for.
I can understand why her lawyer wanted to do that. And, frankly, if my client were going on be on TV every time there was hearing, I would probably have them dress out, too-that's what we call. So I wasn't surprised that she was dressed for court.
I'm kind of surprised that Judge Strickland hasn't figured out some way to allow them to not have her brought over for each and every hearing, because it really does seem to add to the circus atmosphere.
VAN SUSTEREN: Indeed. And, apparently, she doesn't want to be there, but she has a right to be there. So just another interesting collateral issue.
TENNIS: Right.
VAN SUSTEREN: Dianna, thank you.
TENNIS: Thank you.
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