Tags: casey | anthony | appeal | caylee

Casey Anthony Appealing Conviction For Lying About Daughter Caylee's Death

Tuesday, 08 Jan 2013 06:36 PM

By Megan Anderle

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Attorneys for Casey Anthony were back in court on Tuesday appealing to judges to throw out her four convictions for lying to law enforcement during the investigation of the 2008 death of her 2-year-old daughter Caylee.

The Florida mother, who was acquitted in July 2011 of murdering Caylee, didn't appear for the hearing before the Daytona Beach appellate panel.

The outcome of Anthony's appeal will likely impact her testimony in several pending lawsuits, according to the Orlando Sentinel. A ruling isn't expected any time soon.

The convictions that Anthony is appealing stem from her initial claims to police following her daughter’s disappearance when she told detectives that a fictional nanny named Zenaida Gonzalez kidnapped Caylee.

This was just one of four lies Anthony told authorities. She was also convicted of lying when she claimed that she was employed at Universal Studios, that she had told Universal co-workers that Caylee was missing, and that she later received a phone call from Caylee, according to the Christian Science Monitor.

According to an appellate brief, Anthony's lawyers are arguing that the four lies should have been considered one offense because the statements were made during an extended interrogation by detectives.

With the misdemeanors being appealed, Anthony apparently is waiving her right to plead the Fifth Amendment in other lawsuits, including a civil defamation case brought forth by a woman named Zenaida Gonzalez who is not the fictional nanny.

"This hearing today is critical for our case because, at this junction, we have been unable to get testimony from Casey Anthony. . . because she has been hiding behind the shield of the Fifth Amendment," Gonzalez attorney Matt Morgan told ABCNews.com

The Fifth Amendment protects people from testifying on the grounds that they have a right to silence. Anthony's still-pending criminal charges have allowed her not incriminate herself in her criminal case.

Gonzalez claims she was damaged by Anthony's use of her name. She claims she lost her job and was evicted from her house following the allegations. The two women did not know each other, according to ABC.

Anthony, 26, has been in hiding since her criminal trial. She has been subpoenaed to appear at trial in the Gonzalez defamation suit.

The Associated Press reported that if the judges on the Fifth District Court of Appeals decide Anthony was in police custody during the interrogation, they could overturn her misdemeanor convictions on the grounds that her statements were inadmissible since she hadn't been read her Miranda rights. The Miranda warning advises suspects that they can remain silent and that their statements can be used against them in court.

Anthony completed one year of probation for check fraud in August, leaving her free to go wherever she pleases, according to ABC. Though she has rarely been seen out, she resurfaced a few times over the past year via a leaked video diary and a telephone conversation with Piers Morgan, but has otherwise succeeded in disappearing from the public eye.

Anthony was sentenced to a maximum total of four years in prison on the four charges of providing false information to a law enforcement officer. Taking into account the three years she spent in jail awaiting trial, time off for good behavior, and other factors, Casey is scheduled to complete her sentence on Sunday after serving one year of probation at a secret location, according to the Christian Science Monitor.

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