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Published: December 11, 2008
ORLANDO - The lawyer for a Florida mother charged with murder over her missing daughter is seeking a court order for a mall surveillance video that may show the little girl alive last month.
The lawyer said the request was prompted by a photograph taken by an unidentified shopper with a cell phone camera, showing a girl who resembles Caylee Anthony playing at a Florida mall five months after Caylee was last seen. The photo was submitted to a tip line in the ongoing search for the 3-year-old.
Defense lawyer Jose Baez wants the Florida Mall in Orlando to turn over all of its surveillance tapes from 2 p.m to 5 p.m. on Nov. 16. In a motion filed Monday, he asked a court to subpoena them. No decision has been made yet.
Caylee hasn't been seen since June. Her mother, Casey Anthony, did not report her missing until July and has said she left the girl with a baby sitter, who has not been found.
Meanwhile, Caylee's mother remains behind bars, charged with first degree murder. The child's body hasn't been found. State prosecutors have decided not to pursue the death penalty.
Baez wants access to the tapes because "in spite of the first degree murder charges faced by Ms. Anthony, this is still a missing person's case."
"The inability to act could hinder the prompt and safe recovery of Caylee Marie Anthony," Baez wrote.
A call to Florida Mall's director of security was directed to the mall manager and not returned.
Baez held an afternoon press conference in Kissimmee to counter what he said were inaccurate media reports that the defense team is not interested in finding Caylee Anthony alive. He also disputed reports that some of the discovery information the defense requested has not been picked up.
Baez said the prosecutors will not turn over more tips until the ones he's already received are investigated. Those tips weren't what he was seeking, he said.
"I'm not interested in psychic sightings, law enforcement suggestions," Baez said. "I'm interested about tips relating to the sighting of Caylee Marie Anthony and nothing more."
The State's Attorney's office did not return an e-mail seeking comment. Prosecutors have routinely declined comment on developments in the case.
George and Cindy Anthony, grandparents of Caylee, fielded calls on CNN's Larry King Live on Wednesday night.
Cindy Anthony said she knows of three sightings of the baby sitter "that describe this person to a T."
The Anthonys said Orange County law enforcement officials are not pursuing tips because they believe Casey Anthony is guilty.
"They decided from the very beginning how this would take place," Cindy Anthony said. "They made judgment on her within two hours of having her in custody."
King said the Orange County Sheriff's Department issued a statement to his show that read in part, "Evidence, unfortunately, indicates we are looking for a dead child."
Cindy Anthony said all but one the widely seen photos of Casey partying were taken before the child was last seen, and that some of them were staged as publicity shots for a nightclub.
NBC's Dateline is devoting its Friday show to the case.
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