A criminal defense expert told WESH 2 News Monday that new evidence released by the state in the case against Casey Anthony is further proof there was no baby sitter named Zenaida Gonzalez.
Gonzalez is suing Casey Anthony for defamation, saying that by naming her as the nanny who kidnapped her daughter Caylee, it destroyed Gonzalez's name.
A defense expert also said Jose Baez, Casey Anthony's attorney, is painting himself and his client into a corner by saying she is "innocent" rather than "not guilty."
Casey Anthony text messaged and made cell phone calls frequently. That's why a legal expert said it's damaging to her alibi that she had no record of phone calls or text messages to anyone named Zenaida or Zanny.
In the month-long period between the time Caylee was last seen and her disappearance reported to police, an analysis of Casey Anthony's cell phone by investigators turned up this fact: Not once did Casey Anthony make a call or receive one from someone named Zenaida Gonzalez. That critical piece of information is included in the state's most recent evidence release.
Criminal defense attorney Richard Hornsby said that fact will make it more difficult to convince a jury that a baby sitter named Zenaida Gonzalez or Zanny took Caylee. In addition, no one in Casey Anthony's family recalls seeing this woman.
"When you say my client's innocent, you're assuming a burden that you're going to show a jury why she's innocent," Hornsby said.
With the amount of evidence against Casey Anthony, Hornsby said Baez should concentrate on creating enough reasonable doubt for a "not guilty" verdict.
Baez has not yet shown his cards on exactly what his defense will be. However, he has shown that his defense team found 17 hairs in Casey Anthony's car the state did not find.
Baez and Casey Anthony's defense team -- particularly how she is funding such a legal dream team -- has been under a lot of scrutiny since the investigation began.
Earlier this month, Casey Anthony and Baez admitted entering in to a retainer agreement.
In evidence released last Friday, her grandmother told investigators that Casey Anthony made as much as $45,000 in unauthorized charges on her parents account.
She's also facing more than a dozen felony counts of stealing money from her friend in July.
In a sworn affidavit, criminal defense expert Hornsby said Casey Anthony revealed she "signed and executed a retainer agreement" with Baez. That means she hired him, paying up front for his services. That raises questions about where she got the money.
In papers filed this month Baez said his retainer with Casey Anthony does not allow him financial gain based on selling the rights to her story. In her own sworn statement Casey Anthony said that agreement also does not give Baez any right to sell Caylee's story.
Prosecutors have a pending motion before Judge Stan Strickland asking him to inquire where the money is coming from.
Their fear is that some deal that was done to fund Casey Anthony's defense could lead to the case being overturned on appeal.
Meanwhile, a pair of private eyes who at one time worked for George and Cindy Anthony are scheduled to give depositions this week in the Gonzalez civil suit.
On Wednesday, James Hoover and Dominic Casey are due to give sworn testimony at the offices of Gonzalez's lawyers.
At one time both detectives were helping the Anthonys follow up on live sightings of Caylee Anthony.
Caylee's remains were found Dec. 11 in a wooded area off of Suburban Drive near the Anthony family home. Her mother, Casey Anthony, is being held at the Orange County Jail, charged with murder in her daughter's disappearance.
Casey was also at the center of a controversy about conducting multiple searches in the wooded area along Suburban drive before Caylee's remains were found.
He claims he was following up on information from a psychic. Gonzalez is suing for defamation, saying Casey Anthony's false claims damaged her good name and ability to support her family.
A new witness list in the case was also released Monday.
Sources told WESH 2 that new list is 15 pages long and contains around 250 names of those who could be called to testify against Casey Anthony.
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