ANN CURRY, co-host:
Here at home,
is fighting her court-ordered return to
on a fraud charge. Her lawyers are set to make their case before a judge today. We've got
with the latest on this story.
, good morning.
JEFF ROSSEN reporting:
, good morning to you. Look, obviously
has no -- doesn't want to come back to
at all to serve her
. Even prosecutors here in
aren't asking her to come back. Here's the letter, in fact, from the state of
Department of Corrections
back in January saying she completed her
, saying, "Best wishes for a very successful future." But still it all sits in the hands of a judge here in
today who could decide whether
remains in hiding or not. When
was released last month, who knew we'd be back today awaiting a new ruling that could send her right back here to
. Here's the issue. Long before her murder trial,
Ms. CASEY ANTHONY:
I'd like to sincerely apologize.
Admitting she went on shopping sprees at
using her best friend's account. The sentence: time served and one-year
. At issue now, whether she already served that
while sitting in jail waiting for her murder trial or does she need to come back?
Ms. DIANA TENNIS (Legal Analyst):
If the department of corrections was supervising her that entire year, and she as at jeopardy of violating her
if she did something wrong in jail, that means she was serving that sentence and we can't have her do it twice.
But the judge in the
case says she intended for
after her release, not in jail.
's lawyers are fighting that. The original judge has since recused himself, so now this judge, the one who presided over the murder trial, could decide today.
's lead attorney,
, spoke with
here on TODAY.
Mr. JOSE BAEZ:
Well, I live in the
United States of America
where if someone's accused of a crime, you have your day in court, and if a jury finds you not guilty that should be the end of it. But unfortunately in this e-lynching type day that we live in that's not possible.
We, the jury, find the defendant not guilty.
And don't forget, many in
to return. Some people here screamed when the jury came back with a not guilty in the death of her two-year-old daughter
. And now for some, that shock has morphed into anger with concerns for
There's a lot of hate out there right now, so she wouldn't want to be in
right now. I'd give it some time, give it a year or a couple.
remains in hiding. No one is completely sure where she is here in the country. She will not be here at the hearing today, that is for sure. Just her lawyers. She will only return to
, we're told, if the judge orders it. Court is set for
Eastern, so just a couple of hours from now,