In the Circuit Court of the ‘Ninth Judicial Circuit, in and for Orange County, Florida STATE OF FLORIDA Case No.: 482008-CF-0015606-0 Division 16 v. CASEY MARIE ANTHON Hon. BELVIN PERRY JR. Defendant. AMENDED MOTION FOR JUSTICE ADMINISTRATION COMISSION (JAC) BEARING AND MOTION FOR APPROVAL OF OUT OF STATE MITIGATION SPECIALIST AND EXPERT WITNESSES COMES NOW, the Defendant, CASEY MARIE ANTHONY, by and through undersigned counsel hereby moves this Honorable Court to allow the Defense to proceed in the above encaptioned manner with an out of State Mitigation Specialist, Investigator and Expert witnesses and in support thereof states the following: MITIGATION SPECIALIST . The Defense is respectfully requesting that this Honorable Court allow the Defense to continue with its current Mitigation Specialist Ms. Jeanene Barrett. » Ms. Barrett is willing to accept the current rates as set forth by the Justice Administration Commission. 3. Its in the interest of the State of Florida to retain Jeanene Barrett as the mitigation investigator on this case because she has already put in hundreds of hours on this case, and replacing her at this time would require starting over at a substantial cost to the State and the Defendant, 4, Ms. Barrett is very qualified to do this work. She received a Bachelor of Science in Criminal Justice from Southern Illinois University (1996), a Master of Science in Human Services Administration from Spertus College (1998), and a Master of Arts in Social ‘Work from the University of Chicago (2008). She has worked for twelve years withinthe State of Illinois child welfare system where she held progressively responsible positions. Also, replacing Ms. Barrett at this point would put Miss Anthony at a severe disadvantage, since relationships have been built over the past year of her work. . Investigating these life stories — which is what mitigation investigation is requires an extraordinary level of trust between the capital defense team and the client, Mitigation investigation invades the darkest and most shameful secrets of a client’s life. It exposes a raw nerve by re-traumatizing and scratching the scars nearest to a client’s heart, It is also cyclical, rather than linear, because the most intimate witnesses i.e. family members and loved ones must slowly build a relationship with the Mitigation Specialist to help all those involved in the case in understanding all aspects of the accused. The key to reliable assessments is social history investigation, the meticulous biographical inquiry aimed at understanding who the client is and what, in his or her background, will help to explain what happened in the alleged capital crime. The investigation focuses on a range of issues, including genetic predispositions, manifested in medical histories of the parents and the grandparents; family histories (including ‘mental illness and/or retardation of caretakers; abuse, maltreatment, abandonment; neglect: malnutrition, anemia, poor hygiene, poor medical/dental care, premature sexualization; instability: divorce, intermittent parents, adoption, foster placements; substance abuse and/or criminal activity among caretakers; domestic violence: physical, sexual, psychological; tragedy: natural disaster, death of family members; and detailed personal histories (including exposure to violence and trauma, recklessness [accidents, injury], truancy, running away, depression, sexual disorders, sleep disorders, substance use/abuse, prescribed medications, school performance/adjustment, psychological testing, evaluations, therapy, etc. ‘These investigations are ongoing in this case, and not funding Ms, Barrett to finish her work would require that all of this ground be covered again at a substantial cost.QUT OF STATE INVESTIGATOR 9. The Defense is respectfully requesting that this Honorable Court enter an order allowing the Defense to use Illinois licensed private Investigator, Mortimer Smith, for all out of state investigations. 10. Mr, Smith is willing to accept the current rates as set forth by the Justice Administration Commission. 11, Mortimer Smith (aka Mort Smith) is the co-founder and Associate Director of the Criminal Defense Investigator Certification Program. Mr. Smith received his M.A. degree from Western Illinois University. Mr. Smith is a practicing Licensed Private Investigator who specializes in criminal defense and civil rights violating cases. He is @ consultant to attomeys and criminal defense investigators on matters concerning criminal cases. He is the primary instructor for the Criminal Defense Investigator Certification Program at DePaul University. He has lectured to many different audiences on various subjects on criminal defense investigations. Mr. Smith is the former Chief Investigator of the Cook County Public Defenders Murder Task Force and the Former Chief Investigator for the Illinois Capital Resource Center (now the Capital Litigation Division) of the Illinois Office of the State Appellate Defender. Additionally, Mr. Smith is the Chair of the Investigator Divis ion of the Illinois Association of Criminal Defense Lawyers GACDL) and writes a column in the [ACDL newsletter discussing issues surrounding the criminal defense investigations, 12. Mr, Smith has been the Capital Defense team’s lead investigator for over a year (since the State of Florida reversed it’s position on the death penalty) and is intimately familiar with all aspects of this very complex case and has worked hundreds of hours and traveled to at least 5 different states investigating this case in order to assist in Ms. Anthony’s defense. 13. The Justice Administration Commission (JAC) allows for out-of-state investigators to be used for witnesses located out of state upon the entry of a court order. ‘The Defense is fully willing and able to comply with all JAC requirements. 14. Moving forward the Defense fully intends on using Florida licensed investigators, however for out-of-state witnesses, would like to use Mortimer Smith and ask that this