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Caylee's family to square off in court on anniversary

By Beth Karas, "In Session"
Casey Anthony has pleaded not guilty to charges of killing her daughter, Caylee.
Casey Anthony has pleaded not guilty to charges of killing her daughter, Caylee.
  • Caylee Anthony, 2, was reported missing two years ago Thursday
  • Her mother, Casey Anthony, 24, is charged with her murder
  • The Anthony family will be in court for hearing on 911 calls
  • Anthony's mother and brother have been subpoenaed to testify

Orlando, Florida (CNN) -- Slain toddler Caylee Anthony's family will be stepping back in time in a Florida courtroom on Thursday, two years to the day after she was reported missing.

At issue at a pretrial hearing in her mother's murder case: the frantic 911 calls that Caylee's grandmother made when she learned that the 2-year-old had been missing for a month.

Cindy Anthony has been subpoenaed to testify at the hearing, which could determine whether the 911 calls she made July 15, 2008, will be played to the jury at the murder trial of her daughter, Casey.

Casey Anthony, 24, is accused of capital murder in Caylee's death and has pleaded not guilty.

The child's skeletal remains, including duct tape on the skull, were found that December in a vacant wooded lot near her grandparents' home in Orlando, Florida.

The trial is scheduled for next year.

Casey Anthony's brother, Lee, also has been subpoenaed. If Cindy and Lee Anthony testify, it will be the first time anyone from the family has taken the witness stand in Casey Anthony's murder case.

Video: Cindy Anthony's frantic 911 calls

Prosecutors have said in court papers that they plan to use Cindy Anthony's first and third phone calls at the trial. The state has said it does not plan to use the second call because Casey was not present for it.

The first call was placed at 8:08 p.m. and the third at 9:41 p.m. Cindy and Lee Anthony may be asked to testify Thursday about the circumstances under which the 911 calls were made.

The family had not seen Casey or Caylee Anthony for a month. Cindy Anthony searched for her daughter on July 15 and found Casey with a boyfriend. Cindy Anthony confronted her about Caylee. According to court documents, Cindy Anthony had hoped to force her daughter to reveal where Caylee was by threatening to call the police.

The first call was placed at 8:08 p.m., according to court documents. Prosecutors say during that family confrontation, Casey Anthony acknowledged to her mother and brother that she had not seen the child for 31 days and that the Caylee was with the babysitter.

Cindy Anthony made the third 911 call at 9:41 p.m. "I found out my granddaughter has been taken," she told the dispatcher.

"She has been missing for a month. Her mother finally admitted that she's been missing. ... We're talking about a 3-year-old little girl! "I need to find her," she continued. "There's something wrong. I found my daughter's car today, and it smells like there's been a dead body in the damn car."

Cindy Anthony has said she believed the odor came from a rotting pizza or other garbage in the trunk. But the state says a sophisticated forensic test shows the components found in the air are consistent with a decomposing body.

Prosecutors say in their court papers that they intend to use the 911 calls to prove a "progression" of Casey Anthony's "fabrications" about what happened to her daughter. That progression led her to come up with the nanny story, they contend.

Anthony's defense says the calls are prejudicial, contain false statements and should not be played to the jury.

Cindy Anthony falsely reported that her daughter had stolen the car, but prosecutors say they don't want to offer the 911 calls for their truth of what was said.

Instead, they intend to show Casey Anthony's "responses" and "the circumstances in which the defendant 'created' the kidnapping story." Prosecutors contend that the "fabrications" show "consciousness of guilt."