Casey Anthony Defense Tries to Block Jailhouse Tape's Release

This is a rush transcript from "On the Record ," March 2, 2009. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: There is news in the murder case of little Caylee Anthony. Caylee's mother, Casey, accused of murdering her own daughter, was in court today fighting to block the release of a bombshell video. This jailhouse video shows Casey's reaction upon learning her toddler's remains were found in the woods near her home on December 11. Casey reportedly hyperventilated and requested medication.

Now, here is what happened inside the courtroom today.


JOSE BAEZ, CASEY ANTHONY’S ATTORNEY: Upon arriving at the jail, judge, I was denied access to my client. I immediately checked in, and was told that I had to wait in the lobby area until someone could come and speak to me. Upon being taken from her cell to this medical environment, she had requested to speak with me when they asked her "Is there anybody you want to speak to?" She requested her attorney at that time.

UNIDENTIFIED MALE: We had an inmate that had received bad news, and as is often the case, we will take them to the medical unit. Public areas are subject to fixed cameras.

UNIDENTIFIED MALE: Is this done routinely?

UNIDENTIFIED MALE: Absolutely. This is the camera that was not installed for any particular camera other than to be there all the time.


VAN SUSTEREN: Todd Macaluso, one of Casey Anthony's lawyers, joins us live in Orlando. It's nice to see you, Todd. And, tell me, have you seen this video?

TODD MACALUSO, CASEY ANTHONY'S ATTORNEY: We have not seen the video. In fact, the court has ordered that it be turned over to us in the next few days so we can view it.

VAN SUSTEREN: Jose Baez, was he there when it was actually filmed, the video?

MACALUSO: No. The problem is that Mr. Baez wanted to see his client. And the Orange County Sheriff's Department took Casey and denied her access to him, and essentially presented her with the TV showing the results that this was Caylee's body without her lawyer present.

And she had wanted to see him. He had requested to see her. And it's a situation where essentially she was denied the right to see her attorney. It is outrageous.

Who goes to a medical office in a jail to be subjected to a TV that is showing information that indicated to her that her daughter had been found? It is outrageous what happened here.

VAN SUSTEREN: Do you know if it is routinely released to the public, these videos? I know it's an unusual situation, but it would be an unusual situation if someone would be told about remains, I suppose, in a jail. But, nonetheless, is a typical that these tapes are released?

MACALUSO: These tapes--first of all, it is not typical that these tapes are saved. We heard today in court that these tapes are saved for 48 hours, and that is the extent of it.

Watch Greta's interview

Why all of the sudden is Casey Anthony's tape being saved over a period of time, and then all of a sudden be released to the public by the Sheriff's Department? It makes absolutely no sense.

This is just more dissemination of information to try to slander her and to deny her the right to fair trial, deny her the right to council.

This is a situation - she is innocent of the charges.

VAN SUSTEREN: It is sort of interesting, Todd--as a member of the media, of course, I fight to get information. I would suspect that the prosecution in this case would side with you, wanting to make sure that should the case go to trial or should the case get a conviction, it does not get reversed on something like this, that the jury pool was poisoned by this.

What's the prosecutor's position? Is the prosecutor saying that the tape should be released or agreeing with you?

MACALUSO: Neutral position, essentially, on this issue. It's a neutral position.

The problem we have is that it should never have been taped in the first place. She's asking--

VAN SUSTEREN: I got that, I got that. But the fact that there is a tape, when does the prosecutor say, release it or not release it?

MACALUSO: Neutral, no opinion.

VAN SUSTEREN: That is stupid. The prosecution should at least have an opinion. That is like a no vote. I won't even ask you to comment on that.

Now, a trial date has been set tentatively for October 12. Is this case going to stay in Orlando?

MACALUSO: That is a difficult question to answer at this point. It is within the discretion of the judge whether the case stays in Orlando or not. That is a matter that the court is going to have to decide on. We can't comment on where the case is going to go or what the court will do with the issue.

However, we believe the case should be transferred to a fair venue. The media has just lambasting Casey in this case, and for her to get a fair trial is very difficult at this point.

VAN SUSTEREN: Except for the fact that this has been nationwide, so moving it to another part of the state may not be as effective as you might ordinarily think. But we'll see.

Have you actually filed a motion to change the venue yet? Have you filed that motion yet?

MACALUSO: The motion will be heard in the future, and it will take some time for the court to consider that motion. But it will be filed and heard by the court.

VAN SUSTEREN: Todd, thank you very much.

MACALUSO: OK, goodnight.

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