Hello my unfaithful!
Well, Friday brought some interesting events, oh where to begin? The beginning is always a good place to start…
But before I do, I should point out I have left out discussion on the video arguments because I covered it previously (How the Grinch Stole Casey Anthony’s Christmas) and nothing new came out during Friday’s hearing.
Dominic Casey’s Protective Order
To the lay person, this part of the hearing may have seemed overly confusing – but in actuality is rather simple from a legal perspective. Let me explain.
Basics of Ongoing Investigations
Notwithstanding the ongoing prosecution of Casey Anthony, the State Attorney is free to continue to investigate the case, as is the defense.
So let’s say that a potential witness is brought to either side’s attention. The first thing they might do is see if the person would voluntarily come in and speak with them. If the person agrees (as with Kronk’s ex-wives), no problem – if the person does not agree, well then we have a problem. At this point, the person must be compelled to testify.
Devlin v. Rosman, although a civil case, explains this concept in a fairly straightforward manner.
It is the general rule that attorneys for one party in a pending case are free to interview the other party’s intended witness without the consent or presence of opposing counsel. This presupposes that the person thus sought to be interviewed is willing to submit thereto. If he is not, he may insist that his views or testimony be given only upon deposition or at a trial or other court proceeding in the cause, after having been subpoenaed. Devlin v. Rosman, 205 So. 2d 346, 347 (Fla. 3d DCA 1967)
The State Attorney’s Investigative Subpoena Power
However, let’s say the State comes across a witness that both:
- Is not listed by the defense, and
- Does not want to voluntarily cooperate.
Well the State is then entitled to issue what is referred to as an investigative subpoena. See Section 27.04, Florida Statutes – “Summoning and examining witnesses for state.”
Once served with the investigative subpoena, the person is required to appear before the State Attorney and answer any questions they have. The only questions they are not required to answer are ones that go to areas that are constitutionally, statutorily, or procedurally protected (meaning privileged). Nevertheless, the State can offer use immunity and require the protected information be divulged.
So in the instant case, even if Dominic Casey had privileged information that belonged to George and Cindy Anthony, the State could offer use immunity that would allow them to pierce the privilege and ascertain what he knows. If he divulged something that could get him, George, or Cindy into trouble, he (and presumably they, not quite sure) would be immune from prosecution based on the discovery of this information.
Now, let’s say that the State Attorney is provided information regarding the Casey Anthony case by the previously unlisted witness. At this point, they are required by Florida Rule of Criminal Procedure to list Mr. Casey as either a category A, B, or C witness. See Florida Rule of Criminal Procedure 3.220(1)(B)(1)(A).
Essentially Category A witnesses are any material witness, Category B witnesses are expert witnesses whose testimony is fully laid out in a written report, and Category C witnesses are people who have no real information to provide (think records custodians).
The Defendant’s Deposition Subpoena Power
Now prior to this point, the defense had no “authority” to compel any witness to speak with them. However, once listed by the State, the defense is then authorized by Florida Rule of Criminal Procedure 3.220(h) to “depose” a person if the person does not want to voluntarily speak with the defense.
And at its core, a deposition (as opposed to an interview) is nothing more than a “compelled sworn interview” in the presence of both parties. Meaning the person was required to appear pursuant to a court order (compelled), to be placed under oath (sworn), and answer questions (interview).
Now a final nuance to this discussion is what happens when the defense team places a person on their witness list. Remember that the defense had no authority to require state witnesses to sit for an interview until the State actually lists them. And if the defense wants to speak with an uncooperative state witness, he can subpoena them for a deposition.
The flip side of this coin is that “[i]f defense counsel wants to protect against the state’s ex parte [compelled] examination of a witness, he can do so by furnishing the witness’s name on his list of defense witnesses.” See Dufour v. State, 495 So. 2d 154, 161 (Fla. 1986).
The reasoning is that if the State could compel a listed defense witness to appear without notice to the defense, the state might “inject certain information to influence or bias the testimony” of the witness. See generally Lee v. State, 324 So. 2d 694, 698 (Fla. 1st DCA 1976).
So really what this boils down to is that until Jose Baez lists Dominic Casey as a witness, he has no right to be present at an investigative interview by the State.
If he does list Dominic Casey as a witness, the State is required to notify the defense of the “interview,” which is now legally defined as a “deposition.”
The Bottom Line
Which leads us to Judge Strickland’s final remarks:
“Call me if there is a problem.”
Essentially he instructed the parties to go forward with the interview/deposition and to call him (literally) if there are any objections based on privilege that must be ruled on during the interview/deposition.
This procedure saves everyone’s time and money lessens the spectacle and allows the case to move forward.
Yay for Common Sense!
The Double Jeopardy Motion
Since both the defense and state rested on their pleadings during their argument, I will rest on my previous analysis of the motion found in How the Grinch Stole Casey Anthony’s Christmas.
As for who has the better legal argument, I would point out that the State cited State v. Sholl, 1D08-4826 (Fla. 1st DCA 2009) – the same case I cited days before they filed their motion. On the other hand, the defense did not – you figure out who I think did better.
And like the State, I will not comment (too much) on Mr. Baez’s editorial comments except to say that what he expects of Casey Anthony’s case is precisely what he argues against – special treatment. And as a local practitioner, his continued hypocrisy disgusts me. When I was a public defender, I saw hundreds of cases where seemingly excessive counts were filed, just like Ms. Anthony’s case.
Before I go any further though, a lot of people have asked why Judge Strickland did not rule right away – and here are my thoughts.
It is not unusual for him to reserve ruling on motions and issue an order afterward. And while he has never come out and said so, most practitioners (including myself) believe he does this as a professional courtesy to the lawyers who argued the motion.
Because it allows the attorneys who argued the (likely) losing side to save face during the hearing and break the bad news to their clients in private (Casey, we almost convinced him otherwise he would not have waited to rule – next time). Seriously though, I am glad he does that as it makes life easier for the average practitioner.
Moving on though, Judge Strickland did provide some interesting insight that is worthy of discussion.
Reading Between the Lines
At the end of the discussion of the double jeopardy issue, Judge Strickland took the unusual step of giving his thoughts on the motion; and I think it was very shrewd on his part. So let’s examine what he said:
He began by saying that he would get out a:
“Short order on the alleged double jeopardy violation.”
Well, let me tell you something, judges do not issue short orders granting motions to dismiss – they issue very long ones.
He then added that the Check Fraud case is:
Going to get resolved either by trial or plea before the Capital case.
Judges who are going to dismiss cases don’t say that either.
So reading between the lines, it seems clear how he will rule on the motion (and how meritorious he thinks it is) – MOTION DENIED (I bet he even cites State v. Sholl).
The Real Issue is Punishment
Now here is where Judge Strickland took an unusual, but a shrewd step.
Not only did he basically deny the motion, but he essentially stated how he would sentence Casey Anthony if she was found guilty.
After stating “the real issue is punishment…” he went onto explain how he would sentence a “first time offender.” And to understand why this is so important, you must understand some basic Florida Sentencing Law.
Generally, a “judge may neither state nor imply alternative sentencing possibilities which hinge on future choices, such as the exercise of the defendant’s right to a trial.” And if the judge does imply a potential sentence, but subsequently imposes a harsher one, the sentence will be presumed to be vindictive and subject to reversal on appeal. See Longley v. State, 902 So. 2d 925 (Fla. 5th DCA 2005) (A case that involved yours truly!).
So with that general principle of law, let’s examine what Judge Strickland said, which was:
He would deal with Casey Anthony the same way he would deal with anybody else who sits there with no priors, which would generally be jail time and frequently concurrent sentences.
Now Judge Strickland did not use the words consecutively, incarcerate, probation, or prison – he said “jail and concurrent sentences.” And under Florida law, these terms have distinct meanings.
Specifically, for a felony offense, a person can be sentenced to no more than 1 year in a county jail. See Section 922.051, Florida Statutes. If the cumulative sentence exceeds 1 year, the person must be sentenced to prison. See Section 775.08, Florida Statutes.
Additionally, he said concurrent sentences. This is also codified in Section 921.16, Florida Statutes, states:
A defendant convicted of two or more offenses charged in the same information, or [consolidated indictments] shall serve the sentences of imprisonment concurrently unless the court directs that two or more of the sentences be served consecutively.
A final point of law that needs to remember is that if he sentences her to jail, with no probation, he is required by law to adjudicate her guilty of each count. See Section 948.01(2), Florida Statutes. And this is all that the State really wants out of the Check Fraud case anyway.
So considering Casey Anthony has been in jail for an excess of 1 year on the Check Fraud case, Judge Strickland basically told both parties that if convicted he will Adjudicate her Guilty and sentence her to concurrent sentences of 1 year in jail on each count, with credit for time served.
Meaning, a time served sentence – but a sentence that leaves her as a convicted felon on each count.
Now Why Did He Do This?
Well, he did it because he is a fair judge, but also because he doesn’t want this Check Fraud case to be dragged out unnecessarily.
As I discussed in Casey Anthony: Insufficient Funds Part Deux, the guilt is overwhelming apparent and the defense only wants to delay the case to avoid the convictions.
However, by showing how he would sentence her (which is the best and most realistic sentence they could hope for) Judge Strickland has basically said, you no longer have any legitimate reason to drag this thing out because I am not going to slam her (remember, she was technically looking at up to 65 years in prison).
Moreover, if you listened carefully at the end of the hearing Judge Strickland said:
“Also by the way, in terms of pretrial, we are still on for trial for January 25 at 10. We discussed that briefly in the back and I am going to await word from each of you and I am going to order an appropriate number of jurors next week.”
Well, here is a little local insight: you don’t “order an appropriate number of jurors” unless you first know where the jury is going to be selected from – Judge Strickland does.
So I think Judge Strickland is intending to attempt to pick the Check Fraud jury in Orlando – and only if they are unable to seat a jury will he move it somewhere else (same as was done in John Couey case).
I also surmise he made this intention known to both parties during the discussions that were made off the record in the back.
Additionally, by refusing to change the venue as Jose Baez so desperately wants, he is calling Jose Baez’s bluff – because everybody knows he does not really want to try the Check Fraud case in the first place, much less in Orlando.
So Mr. Baez can either:
- Spend a month preparing for and conducting a spectacle of a trial that he will almost assuredly lose, or
- He can take Judge Strickland’s olive branch and let this case go away quietly with a guaranteed sentence (and a guaranteed appeal if it is not imposed).
What would Sun Tzu do?
The Reality Check
The most interesting part of the hearing to the layperson was obviously the remarks given by Jeff Ashton in his rebuttal to Ms. Lyon’s argument to preclude the death penalty.
Not that I think he was reading my blog, but he said much more eloquently and succinctly exactly what I had eluded to in How the Grinch Stole Casey Anthony’s Christmas; which is the death penalty is always a potential penalty in a Capital murder case.
And many people were curious as to why he cited so little law in comparison to Ms. Lyon, well the answer is relatively simple – the law states precisely what he argued:
Section 782.04(1)(b), Florida Statutes. In all cases under [the Murder statute], the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment.
Section 921.141, Florida Statutes. Sentence of death or life imprisonment for capital felonies; further proceedings to determine the sentence.
(1) Upon conviction or adjudication of guilt of a defendant of a capital felony, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment as authorized by law.
But aside from his legal argument, which he could have rested on – he then went onto give the proverbial bitch slap to the defense and provided a much needed reality check as to how serious the state is about prosecuting Casey Anthony – and how strong they think their case is.
And as someone who has been watching this circus from the outside, I think it is about time.
Advantage: State
129 responses to “Casey Anthony Gets a Reality Check”
Whoa.
You did not pull any punches…
Thank you for making this all very clear…much appreciated.
And…aren’t you so glad you are not Jose Baez…??!!
Awesome read-Thank you for putting it into layman words!
As I have maintained, it was apparent from AL’s rebuttal, the sting from the “bitch slap” didn’t ease quickly.
So, do the rats go down with the sinking ship? Or is there a lifeboat?
Richard,
Now I want to see the whole movie! I love a good Western…especially John Wayne.
It appears that Casey A. is now between a rock and a hard place. I was not impressed with the Defense…not at all. I wonder what the next step will be,,,except pray for a plea? The polls that I have read show that the majority wants the DP for Casey. (like 80%) IMO when/if this goes to trial, I don’t think Casey stands a chance of NOT getting the DP. However, even if she does, it would take forever for it to actually happen, and alot can happen between now and then.
Personally, I think it should take place within a year. No longer.
Scott Peterson will probably be around for another 20 yrs.
As I stated on another blog (here) that I think they (the defense) should show what a horrid mother Cindy is, she was a bitch, and treated Casey awful.
I can’t help but wonder what YOU would do if u were Casey’s atty.. the ones she has now all seem to be duds.
Love this blog!
I’ve got a Tombstone Movie Poster above my Home Theater…. one of the Best Ever. Just scored a point in my book.
About time is right.
I also believe the hearings gave the Attorneys great insight (again) to the behavior of the Anthony’s.. all three of them.
When preparing for court, my attorney would stand me up, get right in my face and straighten my Tie… and give me what I would call “The Speech”..
STAY CALM! Do NOT lose your temper. Your gonna hear things that make you mad…. Do NOT react….. etc.
LMAO!! They know now (as if they didn’t know then) what any trial is gonna be like. 2 minutes of Reality in that courtroom and all hell breaks lose. Casey Loses her Temper… Cindy and George Storm out…. Defense attorney Nightmare…
Right Richard? How many times will Strickland put up with that before he slams them do you think?
Judge Strickland is very patient, I think he will hold out longer than most judges.
Dawg, I too wonder all the same things. Your post are always very good. Do u also wonder why Cindy has never ever been treated as any other person in Florida. I mean from the day she was recorded speeding and driving reckless to get rid of the media or to try to get Casey to the airport, when she was supose to be going to the jail, Why would B not take her himself. Has he ever wanted her alone with the police prior or since then? What took him so long to get to the jail when Casey got turned in. If he new she was going there and not to meet him somewhere or run, then why was he not at the police station to make sure she didnt talk? I never seen Lawyers spend hours a day with there Clients as he did in his office with Casey.. I also always felt uncomfortable watching him hold hands with her and hug her. Did this ever effect you in this way. It sickens me, Where is this money coming from. Who is the Daddy, Did he know her from fusions.. Is there a Tiger Woods type person in Caseys past, that can be the Daddy..Why doesnt the Anthony ever get arrested for their criminal acts, giving the wrong brush, keeping information from the police, washing everything in the car to having a gun when Casey was in the house. Why r they never charged. Didnt Ga hit a old lady once, Pushed a young man. Lee on camera was seen doing distruction of property with the protesters items,GA also.. Why r they above the law. These r my opinions of what I feel they did. I no many others feel the same way.. Answers anyone..
WHERE ARE THEY GETTING PAID??? I’m gonna keep asking this, Casey didn’t have enough money to fill her Gas can and we all know this….
So Richard, Please answer…. how does this Media deal work?? Please? Pretty Please????
“I’m your Huckleberry!” and “Daisy if you do!”
I DON’T KNOW!!! Your guess is as good as mine.
LOL! alright then! Better figure it out in case you get a multi-million dollar case like this one!
Another great post Richard. Do you feel Ms Lyons will stay on as the DP lawyer. I get the feeling she is getting ready to jump ship. She had the chance with a reporter to voice her thoughts on her tapes and locked up. This would have been the time to defend her thoughts and beliefs. And I think The parents of KC are seeing the real “PICTURE” after all this time. IMO it was very wrong to of them to get up and walk out. Much worse will be heard and shown at trial. Perhaps the SAO plans to keep them in the witness room until the last day so they can’t be in the courtroom. What are your thoughts? And I agree the judge most likely n chambers told Baez to make a deal with the state. I guess we will know the answer this week 🙂
Comment:
I remember (former Judge) Catherine Crier (not sure of spelling)..making the statement during Scott Peterson’s trial, that in many way the DP is easier for the guilty party. She also does not believe in the DP but feels that once given the “injection” it’s over for the guilty party, whereas LWOP, being locked in a cell for years and years. I agree if the DP took place within a year or so. (I also think that “labor” of some kind should be included in these types of crimes.
To me, John Wayne Gasey was one of the worst criminal that ever lived. If he was still alive, chopping rocks, or digging ditches 12 hrs. a day, that would be a fitting punishment. MAKE IT TOUGH! (bet that’s what John Wayne would do! lol)
I have expressed what appears to be a similar belief about the death penalty in my post titled Denying the Certainty of Death: http://blog.richardhornsby.com/2009/09/26/denying-the-certainty-of-death/
mr. hornsby,
do you know how long it takes to be the attorney on record. hope im saying that right?? baez seemed to be on the scene fairly quickly. almost too quickly if you ask me and i get the impression that she didnt get his name from an inmate. any opinions on that??
I have previously posted my thoughts about this at WebSleuths. But basically, I am of the opinion that she had contact with him previous to being arrested.
You might think the death penalty is easier until they strap you up….
Either one is fine with me though… Death penalty doesn’t seem to detour anyone anymore than Prison does.
This is brilliant, informative and, very educational.
A breath of fresh air.
I truly appreciate the work that goes into these blog articles, rather than just a quick “text byte” it is a very well presented and thorough discussion. This sets a whole new standard in criminal case blogging and reporting — lets hope others follow.
Thank you.
I would love to talk (or email) to people, both male and female, who have received LWOP. My feeling is that most adjust. Except for men who are in a place where gangs are involved.
Females, who knows? Except for a bunch of Big Bertha! ekkk!
Gahoundawg: Of course the DP is scary! Chopping rocks 12 hrs. a day is not something that would make u want to “Rise and Shine” either!
My thought for today: Behave ourselves!
Richard,
I just read the article that you wrote about the Death Penalty, and I agree with every word of it! I think every law student in America should read it.
Young people, and imature young adults do NOT have a concept of the finality of death, and most are desensitized by all the violence and Rambo type movies they see at movies or television. Of course, the hero always survives by killing his enemies!
I remember several years ago that a group of “bad kids” were taken to some of the worst prisons in America to get a feel of what prison is really like. Those kids were terrified! Perhaps something like that should be done more often. Somehow the reality of what can happen should be brought home to them. Nowadays, the more Macho, the better. Dignity, Integrity and Truth seems to have been lost somewhere along the way. Today we have no heros. No John Waynes. Kids have crackhead Rock Stars who can’t function without their daily fix. How sad, how sad. America is slowly being destroyed.
Mr. Hornsby,
When Baez asked to approach at the end of the hearing… they all kept looking back at the cameras. It appeared Judge Strickland waved Baez off on whatever they were talking about, then he stated “I’ll talk to the powers that be about that.” In your opinion what is Baez bitching about now? (I am sure he was unhappy with the performance his client and her family put on)
ALSO… Did you hear Baez at the end of the hearing? He was facing Mrs. Drane and stated “that was unnecessary.”
Is he as delusional as Casey herself? He filed motions and pretty much accused the state of wrong doing by 1. double jeopardy in the upcoming check case and 2. the Death Penality being unconstitutional and unfair to his client. I think he more than deserved and earned the “bitch slap” and dose of reality he was served in court. With that being said what (in your opinion) in the heck was he talking about when he stated “that was unnecessary?”
In my humble opinion.. Not only was it necessary but entertaining too! : )
I don’t always agree with you Richard on what we want to happen, however, Your post above is outstanding and I learned a bucket load from reading it. 🙂 I am crossing fingers and toes that it moves forward with few delays. I also wonder if at some point Cindy will be thrown under the bus by Casey. She seems very comfortable in ignoring Cindy & George in court.
Thank you for the outstanding post!
Great post. Very clear and objective. Thank you, Mr. Hornsby.
Just wondering – maybe you or some other blogger could clarify this doubt for me: according to Florida law, is a person considered a convicted felon after the first sentencing or only when the last defense’s appeal is denied? If so, if Casey’s lawyers keep on appealing in this check fraud case, how would it impact the murder trial? Thanks for your attention.
The person is considered a convicted felon immediately upon initial sentence and a subsequent appeal does not change the status.
I addressed this is nuance in Casey Anthony: Insufficient Funds Part Deux http://blog.richardhornsby.com/2009/12/10/casey-anthony-insufficient-funds-part-deux/
Richard, I’ve come to really look forward to your posts. Although we don’t agree on Scheffer and Belich I’ve become an admirer of yours in spite of myself. You’re awesome about 99 % of the time. You rock, actually. Thanks for the great post and happy holidays to you!
Mr. Hornsby, thank you for taking the time to simplify all these legal terms and explain the laws. I know this takes a tremendous amount of your time and I just want you to know how much it is appreciated.
You are an excellent teacher and I have truly learned a tremendous amount from you!
Thank you.
Mr. Hornsby, fantastic article, I appreciate the time you spend “educating us on the points of Law” & I love your sense of humor. Ashton was just the man to deliver the “Proverbial Bitch Slap” to the Defense! Friday was a GREAT day for JUSTICE for Caylee. Did you see the video in which Kathy Belich ask BOZO what he thought about Ashton’s arguement? BOZO smirked,”He will have to prove that!” Kathy Belich said, “Even if she was there!” Too GREAT! BOZO was furious, yet again.
After court, Kathy Belich was in BOZO’s face, gotta love her! She ask if he was going to put Dominic Casey on HIS witness list & he said YES. WHY is that fair?
DC also complained to the bar that BOZO hadn’t paid him a dime & the bar told DC to get an attorney & sue BOZO. The ANT’s haven’t paid him a dime. imo, DC isn’t “a stand up guy.” He’s a creepy little man with WAY too many secrets. Is it possible that Hoover got immunity & rolled on DC? I have the feeling DC is going to go into that Investigative Deposition & LIE his butt off! WHY would he do that? If Ms. Tennis thinks we believe that DC is going to be TRUTHFUL, we don’t!
If the STATE KNOWS DC is lying, can they do anything since he will be under oath?
Richard…
If you ever lose your day job, you definitely could do something with your writing skillz! I am quickly becoming a fan of your blog. Thanks so much for taking the time to help us understand the law a little more. It’s appreciated! I like the way you present your thoughts, in both words and graphics. *lol*
Merry Christmas to you and yours! 🙂
I don’t think Mr. Baez will be friends with you Richard any time soon. You are running circles around this clown. Love your input on this case.
just FYI: Wesh: sources say that G&C will appear on the Today show tomorrow morning….can’t wait to not watch.
Richard~~excellent post sir! I like the way you explain things so my little brain can absorb. You have a great sense of humor, an asset even with that tad of sarcasm. I love it!
It was a pleasure to see Judge Strickland in action. I do not think he is going to invent a wheel for Lyon. I was surprised at her performance, she seemed ill-prepared or maybe she knows she is up against a brick wall.
Jeff Ashton supplied the right amount of shock treatment. He was a class act and summed things up quite nicely.
Thanks for info re Dominic having to be on the defense witness list for Baez to be present at the deposition.
I am going to link you to my blog as your posts are a must read. Thanks for keeping us well informed and directly interacting with us commenters.
I am a huge fan of Sheaffer and Belich, therefore I don’t agree with everything you say but I do read your blog about once every two weeks. Today your final sentence was my favorite, “And as someone who has been watching this circus from the outside, I think it is about time.” I strongly agree. The State has been playing nice-nice for long enough while the Defense lies, maneuvers, grandstands . . . you name it, they do it. Enough is enough.
Hey Richard..Keep up the bitch slapping!!
1) typo- 3rd paragraph below “The Double Jeopardy Motion”…….Your sentence : “I will not comment (to much)”….
2) So, if Casey is convicted of all counts in the fraud case, how many years do you think she would sentenced to?
Thanks, violette
Hey Richard….
BOMSHELL!!…The EVIL ANTHONY’S have scheduled yet another appearance tomorrow on the TODAY SHOW!!?…WTF?…..What do you think of BOZO allowing GEORGINA and Cindy to media-HO themselves ( it is so obviouslly transparant)?..
thanks , violette
http://www.wesh.com/caseyanthony/21964597/detail.html
George, Cindy Anthony To Appear On ‘Today’
TV Appearance Follows Emotional Hearing
POSTED: 3:39 pm EST December 14, 2009
UPDATED: 4:10 pm EST December 14, 2009
ORLANDO, Fla. — On the heels of an emotional court hearing last week, sources told WESH 2 that George and Cindy Anthony will appear on NBC’s “Today” show Tuesday.
The couple is expected to talk about their daughter’s emotional court hearing Friday. Uncut: Casey Breaks Down In Court
In that hearing, prosecutors suggested Casey Anthony’s daughter Caylee Anthony was drugged or physically restrained to facilitate her murderer placing three strips of duct tape on her mouth. The tape, they suggested, cut off Caylee’s ability to breathe, suffocating the child.
Casey Anthony is in the Orange County Jail charged with first-degree murder in Caylee’s death. Caylee’s remains were found a year ago last Friday in a wooded area off Suburban Drive by a meter reader.
Casey Anthony maintains that a nanny by the name of Zenaida Gonzalez kidnapped Caylee.
Hey Richard…
What did you think about the revealing audio when “Jeff-foxy-man-Ashton” began his “bitch slap” REALITY CHECK response regarding how Casey murdered her daughter ?… CASEY , enraged, ordered Andrea Lyon “Make HIM STOP”…To which ANDY responded ” I CAN’T”….
Is Casey really that naive to think that her DUH-FENSE can really stop this gruesome trainweck?…,Is this what Casey has been lead to believe, that her big , bad lawyers can “make it stop”??
thanks, violette
Mr. Hornsby, I misjudged you!! I’ve followed Caylee’s case from the beginning. Caylee deserves justice. I think this post is a good one. You’ve explained it so that anyone can understand it. You have my respect, sir.
Richard,
I have mentioned to you earlier about the Defense useing the fact that Cindy was a horrible mother to Casey, and gave reasons why. This evening I dropped in on Blink’s blog, and was surprised to find out (according to her blog) that tapes are available proving that Cindy and Dominic Casey had a sexual relation. (that’s not what it was called there…don’t wanna repeat it)…anyway, if they have the proof, and apparently they do…the Defense can also include this info. with the other info. about what a horrible mother Cindy is. I hope they nail her ass! She is just as evil as Casey in her own way.
She is off to New York to make an appearance on the Today Show with Matt Lower. More Blood Money….
Read tonight’s Blink if u have the time.
P.S.
Apparantly George brings this affair between Cindy and Dominic Casey in his so=called suicide note. (What a joke…he was SLOSHED out of his mind)
Having an affair does not not make one a a horrible mother/father. It just brings your choices into question with society. Notice my call name(dcd) I believe she’s guilty from day 1 after watching her expressions and body language, not reporting Caylee missing for 30 days and the total lies to LE. Nice article Mr. Hornsby, if I ever get in trouble in Fla I will call you (from Ga).
Thanks for blogging with us Richard.
This case seems to have taken on a life of it’s own.
So now we have George and Cindy Anthony coming before the cameras tomarrow AGAIN with the lies. Why can’t Brad control those two from themselves? They are not helping their daughter at all. Do the think they are?
Hi Violette!
Wow! You are quick, girl! haha I wish I knew how to do all that fancy stuff with my computer! Listen, did you read BlinkonCrime tonight? If you did, would you be able to get the info. about Cindy and Dominic Casey’s affair over here? I wish I knew how, and I would do it. I really want Richard to see it. Do you mind doing it? I sure would appreciate it, and I know Richard would too. (fingers crossed!)
Because Conway is getting a slice of this pie and free publicity.
Why does asking about county DOC inmate programs torque you?
How does that equate to conspiracy?
Because you were not asking about DOC programs for one, you were asking about Orange County Jail programs, to which I have little knowledge of and it did not seem your questions had any point other than to see if Casey Anthony had it easy in jail or not. That is a jail policy question, not a legal one.
actually I was, I asked if she qualified for the GED program.
And I asked if you advocate them to your clients. More to the point, are they worth while. Do you think clients benefit from them.
I could give a rats butt about KC. Whether life is easy or not. I hope she washes her hair in the commode.
All I wanted to know is if she qualifies, and what you thought of the programs offered,
Apparently you read more into my post then what I intended.
I’ve been reprimmanded for this once, but I will tell you.. to quote cap’t hook….”bad form”
Your statement bugged me for a while, do you see my original comment says COUNTY DOC?
I was always speaking county. perhaps I misused DOC, but I was referring to the holding center.
Gotta love symantics..
Diecaseydie: I agree. However, this happened the night Caylee’s little body was discovered. Also, it’s not just the affair, it’s a combination of many, many things that I have already mentioned. You know, we all have our own standards. Perhaps mine are higher than some.
Diecaseydie:
Mr. Hornsby has a fabulous article on the Death Penalty. It really made a deep impression on me. I hope that you will take the time to read it. It’s a great article, and is full of wisdom.
“Life is Life” Richard…
This entire “affair” is sad with the Anthony family excluding Shirley Plesea and Cindy’s brother (Rick?). I have actually been on the unfortunate end of the spousal affair deal and its very remarkable how similar Casey and my ex-wife were, its frightening actually. As the years wore on, she became an “MIA” for my son. Although he’s now 21 years old, it has made him a stronger individual having endured a parent who was never there for him after the age of 11. I’ll leave it at that. Sorry Richard to have strayed from the topic.
“Because you were not asking about DOC programs for one, you were asking about Orange County Jail programs, to which I have little knowledge of ..’
(snipped)
Shouldn’t you for the well being/advancement of your clients?
So you assume my clients go to prison, much less jail?
no I’m assuming some are held in OC holding center and might/could qualify for some short term assistance.
Much like I urged my idiot nephew to take advanyage of while in cook county and dupage county holding.
By the way, I’m not sure where you got out of joint, but I was always speaking of OC holding, and the programs they offer.
The prison comments are way out of line as I never made comment on “big boy” or “big Girl” prison time. County jail in comparison is EASY time.
And I never assumed your clients go to “jail”.
I am however smart enough to know some spend time in the county holding center.
(be it can’t make bond, don’t qualify for bond..what ever)
DieCaseyDie:
I love happy endings, and hope that you and your son have a loving relationshiip.
I agree that most of us have not known people like the Anthonys. I mean, all of the lies and money they are making off this precious little child. It’s shameful. I can only repeat, because I believe it, that Cindy pushed Casey over the edge the night she tried to choke her. However, it started long before that. She was a horrendous, controlling bitch of the worse kind. I hope and pray that the Denfense will use it against her, because I think she deserves it. She is evil.
Ha…I’ve been there too! My ex was worth many millions…had two maids, 5 cars, the works. I walked away and never looked back. Yeah, I know what u mean!
I do hope that you will read Richard’s article on the death penalty. It’s beautifully written, and really touches a part of your heart. Humanity, I suppose. Just do it! lol
Richard,
Just have to tell you this! haha Your friend, Hon. Bill Shaeffer has got a LIVE ONE on his blog!! I mean, Thorazine City! She calls herself “Renee” and says she has a tail like a monkey, and sleeps by her “dish on the floor”…WILD! People are afraid to blog because she “charges them!” She is one sick chick, and no one seem to know how to get rid of her. HEP!! Your fellow atty. needs HEP!!! Right now.
Richard,
You always ignore me! Above I told u about ur friend Bill…not a peep out of u! I can tell that u are in a “less than happy” mood … at least that is the way you come across. Hope I’m wrong…but; that’s the way life is some days.
OMG Poor Bill Shaeffer! I’m amost embarassed for him. If someone new reads his blog they are in for a shock! KOO KOO! KOO KOO!
I don’t wish crazy comments on anyone, hopefully someone over at WFTV will get his blog in order. It is not hard to block people or remove comments.
hoping this is a friendly debate…
wouldn’t you agree the emotional and physical distraction of a class/vocation training beneficial to the client?
Wouldn’t you agree that the benefits outweigh the the detraction?
I’d much rather have you argue CAREY, WARDEN v. MUSLADIN
and how it may or could apply to this case regarding the anthonys, and what you would recommend.
(good segue?)
There is another reason why the defense would like to indefinitely postpone the check fraud/theft/forgery trial. In the interim, the prosecution’s indispensable witness Amy Huizenga may decide to leave the jurisdiction of the State of Florida and move to Los Angeles or New York, or maybe even London or Paris. By the time the case eventually gets to trial, Amy may be unavailable as a witness particularly if the prosecution has not subpoenaed her because she has cooperated voluntarily so far. Amy may decide that the hassle of returning to litigate this relatively minor case is simply not worth it especially since she has already been “made whole” through the voluntary restitution payments made on behalf of Casey.
If the prosecution does not have Amy’s testimony to establish the fundamental elements of its case then it seems unlikely they can prove guilt “beyond a reasonable doubt.” Given the general propensity of young, single adults to move around a lot, and Amy Huizenga’s personal propensity to move around a lot including moving out of her home when the house she was living in was sold out from under her as well as frequent trips out of town and out of the country, the defense may be betting on Amy becoming an unavailable witness. The defense cannot actually arrange for Amy to leave the court’s jurisdiction because that would be witness tampering, but they can hope…
I would agree that time is generally a defendant’s ally. However in this case, I don’t think the State would have a problem compelling her attendance wherever she was residing. Florida has interstate agreements on witness subpoenas and also international agreements with most western countries. So getting her served would not be a problem – so long as she was not actively hiding. As for cost, I have seen them fly entire families over for much more mundane cases than this.
Well apparently on Ws you are iconic and beyond debate, reproach, or disagreement. Your comments have become reference. (yep, got proof that’s what they think)
I challenge that. You state opinion, and your interpretation of case law. (as you should…you’re a trial attorney)
I think you are good, but not iconic.
Mayhaps you’ll address that to WS.
If you are the the attorney I think you are, you’ll fix this.
Punch, I don’t claim to be all knowing (although I am) and I don’t have any problem answering your questions. But is one thing to ask me about the law, which I have a library of information and experience to use in answering your questions. It is another thing to ask me about jail policies and what not that are collateral issues I would have to research to find out the answer. And while I engage in the Casey Anthony discussion, I do so more as a hobby to satisfy my own interest. So when I am posed with questions or areas that I am not interested in, I admit, I get annoyed when people keep prodding me to answer. I too have my limits.
How about we call a truce and move on 🙂
Hey, Punch…
This is Mr. Hornsby’s blog…and you are a guest here.
I quite enjoy learning about these cases.
I DON’T enjoy folks coming on here to be combative..
why would you do that?
There is no reason that RH needs to argue with you, or even to answer your questions…especially since they have nothing to do with the subject of the blog.
(If you have a problem with WS…take it there).
Good Morning Richard,
Do you think it was a mistake for the Anthonys to go on the Today Show?
Actually, I think they did okay this time. They seem to be acknowledging the likelihood their daughter committed the crime. If they had just admitted such possibility previously I think people would be more sympathetic to their plight.
Helen,
I agree. Richard rarely answers my questions; but I still think he’s a great defense atty. I would love to see him in a great trial. (I would put my money on him!)
I have learned several things here that made a deep impression on me. U;m grateful for that.
We are all allowed “frustrating days” and “down times”…even Richard. I wish him the very best.
Mr. Hornsby – I am new to your blog, I found the link from the Caylee Daily.
Express owns the Caylee Daily & she gave you a warm welcome.
I just wanted to let you know, I am very impressed with your blog! Thank you for taking the time to explain the law/procedures etc…. It is very much appreciated!
I look forward to reading/learning more from you!
Richard,
My post was not included…hope I didn’t tick “Helen” off. I just said that I “respectfully disagree with you about the Anthony’s Today Show appearance.
Every blog I’ve read, with no exception, the people posting are livid over the Anthonys appearance! They are saying it’s just a way for them to make more Blood Money, and to tell more lies about Casey’s not being involved with murdering Caylee. Truly, people are disgusted and fed up with these people. They are shameful, and money appears to be the only thing that interests them. Believe me, people are not sympathetic to these bottom feeders.
Well, I am not saying I agree with their continued appearances.
I only think they would have had more sympathy if they had adopted the tone that they expressed today a long time ago.
If you really listen to them, today was the first time they showed any contrition and acknowledged what we expect similarly situated people to acknowledge; which is that they understand the evidence to one likely conclusion.
Thus why they said, we believe “in” Casey – not we believe Casey.
Kuddos Richard I agree. They said IN Casey. Cindy statements are so ludicrist though. NO evidence that Casey had anything to do with Caylee’s death is a imagination gone wild IMO.
Casey was the last person physically seen with Caylee and was RESPONSIBLE for her well being. Items found at the body crime scene all can be shown to have an Anthony House connection.IMO. 31 days and the SMELL OF DEATH WILL CONVICT CASEY IMO.
I’m curious about the hearsay rule….
Assuming that Casey has told Baez yet another “compelling” story, how will he get that in front of a jury without Casey testifying…I’m guessing he could lay it out in his opening, but if he can’t back it up with testimony or evidence, it remains just another compelling story doesn’t it?….could this be the reason for the private meeting between her and G&C…she tells them then he gets it out on cross? Is that hearsay?
It is impermissible for an attorney to state anything in opening that they do not have a good faith belief will be testified to in trial.
So I think his only choice would be to have Casey testify – which isn’t really much of a choice.
LOL Mary Beth…!
I am really a very sweet, compliant person…till I get mad….
Richard, I wonder what you think of this letter from Joy Wray?
It seems quite, quite mad to me.
What effect ( if any) will it have, do you think?
LOL Mary Beth…!
I am really a very sweet, compliant person…till I get mad….
Richard, I wonder what you think of this letter from Joy Wray?
It seems quite, quite mad to me.
What effect ( if any) will it have, do you think?
Gracias!
…sorry about the double post…won’t happen again.
Richard, what is your opinion of this?
http://www.docstoc.com/docs/19477060/Joy-Wray-Correspondence
coo coo!!!
yup!
coo coo enough to be the next possible kidnapper killer? She has a childish video (originally on her own youtube site) that she can hardly talk for laughing and claims she is ‘obsessed’ with searching for missing children, she has a long criminal rap sheet, including found guilty on a variety of charges such as credit card fraud, several counts of trespassing, battery, criminal mischief, burglary, breach of peace, disorderly conduct, obstructing justice (HEY– this sounds familiar!!), resisting an officer, retail theft, violation of protective order and domestic violence. She had also been charged with stalking but that was ‘dropped/abandoned’.
Can the defense use her as a possible perpetrator as they are using Mr. Kronk, to show that the police did not investigate thoroughly enough when they focussed only on Casey? (Cindy again made this inadequate investigation done, accusation on their Today Show stint this week)
I have a problem with the death penalty in this case there is no cause of death. One can only
speculate on how the child died. They will dirty Casey up , and the jury will hate her. This is how
they will get a jury to kill her. Casey is not a career criminal, there is no history of her harming
the child. She has parents that loved their grandaughter more then they loved life, and they also
love their daughter, they don t to see her put to death.
Casey “dirtied herself up” all on her own and I would guess that the jury will hate her as much as the public does when they see and hear her in action for themselves, through photos and taped conversations. “All they care about is Caylee”, “Waste, huge waste calling you. Just give me Tony’s number”.
In addition to a mountain of circumstantial evidence, three pieces of tape across a 34 month old child’s airways paints a very clear picture to me. JMO. Of course, you’re entitled to your opinion as well.
That is primarily why death penalty cases are bifurcated into a guilt phase and a penalty phase. This way the defense can focus on mitigation during the penalty phase. With that said, I think much of Casey’s problems start with her “lead attorney.”
So do you think Scott Petersen should be taken off death row because there was not enough left of Lacy to determine the cause of death. The cause of death does not matter. Precious Caylee Marie and Lacy along with Connor were murdered by people that were supposed to love and care for them. They both deserve the same. These murderers will get a far easier death than what they did to their victims. Just think about it. Both Lacy and Caylee probably looked into the eyes of their loved one knowing they were being killed. Caylee probably did not understand what was happening to her, but I’m sure she struggled for her life.
Do you think that the delays in setting a trial date for the civil trial is on hold until after the Dominic Casey ‘interview under oath by some other name’ has been worked out and completed?
Why is Judge Rodriguez so quiet on this now, no trial date set yet as requested?
And what will Judge Strickland do about the ‘witness letter’ that he received on Friday? Will he continue to allow this person into his courtroom? She has attended at least two recent hearings and publishes information regularly about it.
Richard,
If it can somehow be proven, (say Dominic C. or Lee) that the Anthonys KNEW that Casey murdered Caylee, and were doing everything possible to protect her, will they be charged?
I am not a prosecutor – but even if it could not be proven, if there was probable cause to believe it happened, they should be. Chances are that either (1) they do not have any definitive evidence or (2) the State does not think it is worth the effort.
Would they (SA office) not be waiting to charge them until after Casey’s trial so the A’s cannot plead the fifth during her trial?
NOSYPARKER: Totally agree…(I think most people do!) One of the things that haunts me, is the imprint of Caylee’s little body curled in a fetal position in the back of the trunk. OMG How evil can this murderer be!! (and then go dancing) Yet, her loving parents still call her “sweetheart”! They’ve insulted everybody in America with their lies!
TYPO: “And like the State, I will not comment (to much) on Mr. Baez’s editorial comments…..”
Well their civil liberties are not being infringed, as they are free to visit.And to the extent they have any privacy interests in the recordings, those are outweighed by the public’s right to see copies of those videos as public records. Let us not forget, Casey Anthony is being prosecuted for Capital Murder. It is reasonable for the public to want access to videos of the people who visited her and what was said by her and to her.
hey Richard..
Re: the “clueless-wonder-high-powered-defense-attorney-jose-angel-baez”
1) So, when this case is over and Casey pulls out her list of ” bozo’s ineffective assistance of council” notes and begins her quest for a re-trial, will Bozo BAEZ’s incompetence be enough for the possiblility of re-trial?
2) What if at that time, Casey cries foul and alledges that she and Bozo were sexing it up at his office ( 40 hours per week while out on bond) and as a result she claims “ineffective assistance” , “sexual harassment” and who knows what other charges could be put forth?
Let us never forget monica lewinsky’s blue dress ….
Could this also be grounds for a new trial?
p.s….I really don’t think you are swarmy at all!
violette
It seems there would be a difference between the defense asking the judge to stop the recordings or block them from being released, and asking him to order law enforcement to stop monitoring them?…(which I didn’t hear them do)…just wondering.
when the parental anthonys see fit to pay back the citizens, and the volunteers that searched for angel caylee, and are paying for their daughters (dorm room), until then, i say keep on keeping on recording these losers trying to exact a plan for making sure all their lies match in the court. The parental anthonys have NO CREDIBILITY anymore. they are done. their five minutes of fame went down in flames. Matter of fact, none of the Anthony family has any credibility left to speak about, so they need to sit down shut up, and focus on how it really will be when the big Trial hits a city in usa.
Regarding the Anthony’s possible lies, cover-ups, and misdirections…
Besides the obvious problems ( that is, making it harder to solve this crime), the idea that the Anthonys would not be prosecuted for lies under oath, destroying evidence, and generally covering for Casey, is very disturbing.
They have been very public in all of this, and if they are not held to account, I am afraid that this will become the norm.
In other words..if there are no consequences for this kind of behavior, then what is to keep others from doing the same.?
I still have some belief in the system, and it has been (and continues to be) a great shock to watch how ALL the Anthonys blithely lie, lie, lie.
Besides the horrible crime, it is this behavior that has caused this case to become a media sensation…no one can quite believe what we have been seeing ever since we became aware that Caylee had “gone missing”. ( Pizza that smells like human decomposition….).
So – if it can be proven – I do hope they are prosecuted
First I want to Congratulate Mr. Hornsby on his newlywed status… One lucky girl. Now I would like to comment on your well written article “Casey gets a reality check” This is very informative and non prejudgice piece I have read a long while on this case. Thank YOU! for JUSTICE FOR CAYLEE AND CHILDREN LIKE HER!!
My question is If Judge Strickland finds a change of venue is needed for the capitol case, Would it not be more feasable to select an area that is not familiar with any lawyers old stomping grounds? Is it common for a Judge to go along with the wishes of a Defense team and selection of an area?
HAHAHAHA kc got her Christmas present from Judge Strickland today. The best is yet to come! Baez and company must be po’d! ROFLMAO.
Top Story
Judge Rules On 3 Motions In Casey Anthony Case
Judge Stan Strickland ruled on three motions in the Casey Anthony case Wednesday. More
Motion 1 | 2 | 3 | Many Looks Of Casey
Judge Rules On 3 Motions In Casey Anthony Case
2 Motions Denied, 1 Granted
POSTED: 2:29 pm EST December 16, 2009
UPDATED: 3:02 pm EST December 16, 2009
ORLANDO, Fla. — Judge Stan Strickland ruled on three motions in the Casey Anthony case Wednesday.
The first motion claimed that Anthony’s multiple check fraud charges in which she is accused of pilfering money from friend, Amy Huzienga, should be categorized as double jeopardy. That motion was denied.
Also denied was a motion to destroy all jailhouse interviews involving Casey Anthony and her family.
A protective order was granted for an interview involving EquuSearch volunteer Joe Jordan.
Casey Anthony is in the Orange County Jail charged with first-degree murder in the death of her daughter, Caylee. Caylee’s remains were found in a wooded area off Suburban Drive near the Anthony family home in December 2008. Anthony maintains that a nanny by the name of Zenaida Gonzalez kidnapped the toddler.
Well Richard your are RIGHT so FAR…. Shows how intelligent and right on your opinions are..
HELEN: I so agree with you! I also think MOST people do. I have read complaints about the Anthony’s lies and cover-ups on an almost daily basis. It appears that they are above the law, and cn say or do any damn thing they want to…because they are SPECIAL. They are disgraceful, and I am amazed that Judge Strickland has allowed them to get away with this disgusting behavior.
Whomever mentioned Cindy’s affair with Dominic Casey should go to BLINKONCRIME
I think you will find the info. there.
Hi Richard,
Do you know when Dominick Casey goes to court? I was under the impression that it was suppose to be today. I also heard that he would go under an “assumned name”…. why all the secrecy? Is he afraid, or in danger if he “spills the beans”?
Do you think Lee Anthony has damaging evidence, that LE is already aware of?
Thank you, Hon. Richard
Nope, I don’t know when his deposition will be. I bet it was rescheduled to accommodate the attorneys’ schedules. Where did you read the “assumed name” theory – sounds like rubbish to me.
The ‘deposition’ was cancelled BUT Judge Strickland advised the state to KEEP their date today and to go the ‘investigation subpoena’ route. So, did they?
Is Baez afraid of what the PI will say about what he was advised to do by someone other than his clients, if he should find a body in the woods? It is very clear that DC did not want to discuss this ‘on the record’ in his Jan 7th interview with investigators but that he was willing to name the person who told him not to first call 911. If DC states this under oath in a state secret interview, will this go towards reopening a bar complaint against Baez on this matter?
Mr. Hornsby, Second time posting these questions.. thanks!
When Baez asked to approach the judge at the end of the hearing… they all kept looking back at the cameras. It appeared Judge Strickland waved Baez off on whatever they were talking about, then he stated “I’ll talk to the powers that be about that.”
Question #1 — In your opinion what is Baez bitching about now?
Baez at the end of the hearing, was facing Mrs. Drane and stated “that was unnecessary.”
Question #2 — With that being said what (in your opinion) in the heck was he talking about when he stated “that was unnecessary?”
Question #3 (new) Mr. Hornsby.. Now that Strickland DENIED the motion to destroy the existing tapes.. what are the chances of him giving the family private meetings with Casey?
Thanks! Sheri
1. Getting advanced biographical jury information; by statute an attorney is technically entitled to it – but in practice, it is rarely done.
2. He was likely talking about Ashton’s graphic hypothetical.
3. No chance – nor was there ever one.
Thanks SOOO much.. Why do you think he’s taking so long to deny it? Is he looking into a ‘reason’ to deny?
I HAVE to ask this next question.. it’s laughable at best and I know it’s not a good idea to give these kind of people attention.. it’s what they want. BUT.. What are your personal opinions on the Joy Wray drama? I would love to see you do an article on her but again.. not giving her attention is the best way to make her go away. Thanks
Sheri
RH: he shoots… he scores, and the fans go wild!
Richard,
I read it on a blog….I read several, and just can’t remember which one. I can’t help but wonder just what he knows that’s so important. I can “imagine” alot of things; but wish I knew more.
Richard, (off topic) Have you ever met Gerry Spence? I wonder what he would have to say about Baez? I remember him commenting on some real awful, and very loud female atty., and was later asked him opinion of her. He scratched his head, looked into the camera and said “Well, lets just say, I wouldn’t want to take her dancing…”haha
I think he would say the same about our friend.
Early on Casey Anthony was given a chance to sit down with one family member. The meeting was to be private with no audio/video. It was arrange by George Anthony. Casey said that she wanted to do it….. it was all set.
At least that is was George related to the press.
And the released tapes prove that the meeting was set and Casey was on board.
Then Baez stepped in a stopped the meeting. Why would a lawyer tell his client not to speak privately with their daughter? Nothing would be taped…. nothing released. Then when out on bail Casey had plenty of time to talk to her parents. Baez once again stepped in and told her not to talk.
Sorry but Casey has had her time in private without cameras and she choose to act like a pamper princess. Spending more time blogging and flirting with guys online than she did with her parents. Removing pictures and videos from her home to give to Baez.
As Baez did not feel that releasing these picture to help with the SEARCH for a missing child….. one could conclude the pictures were sold to pay for defense.
Baez wants her to talk to her parents….. that is laughable….. when he would not let her talk to them when she had the chance.
Mr. Hornsby
After what the public has witnessed in the last few weeks regarding Baez implying that Roy Kronk has something to do with the murder of Caylee –
would you recommend that Lee Anthony hire his lawyer back?
Is anyone safe from the Defense in this case?
And do you think the Judge will force TES to hand over all records?
Thank you so much for making this case easier to understand. I SO appreciate your help!
My question…..what does Baez have to do next to “plea” in the check fraud trial? Does he have to come to the judge with some sort of “written confession?” I just feel like he is aware that it is a losing battle and that he has bigger things to concentrate on, but I don’t know the legal “mumbo jumbo” for what he might do next and when we can expect it to happen.
Hey Richard,
1) If you defended a murderer ( and you knew he/she was guilty but, they never admitted it to you) and you sucessfully got them acquitted—-do you ( or other defense attorneys) ever feel “defense attorney’s remorse”?
2) Do you think Casey REALLY “fessed up” to BOZO that she killed Caylee or would she just continue to lie to him ( i.e sticking with the ad-nauseum repetition of Zanny-the-imaginary-nanny (and Roy Kronk ) ran off and murdered the child)?….
3) Would an attorney have a “come to Jesus” moment with his client and say “No more lies, just the facts so I can defend the case”…Or, does a defense attorney really NOT want to know the truth?
thanks ,
violette
As of November 3, 2009 there have been 139 exonerations in 26 different States. In fact, the state of Florida has the highest at 23 (Texas were I live and is described as the worst is at 11).
The defense/prosecution are intended to be checks & balances to each other… both sides are needed for due process even though it doesn’t always work that way. There’s absolutely no reason for a defense attorney to feel, as you describe, “defense attorney’s remorse”. That’s completely and totally ridiculous.
All those ‘Holeyer than thou’ attitudes following and commenting about this case, would be the first ones to scream ‘foul’ if they needed a defense attorney to balance out the police/prosecution/etc. If you don’t think you could ever be wrongfully accused or convicted, please reread the first sentence of this post again… it DOES happen. In fact, those numbers don’t even include the people still waiting to be exonerated or the people wrongfully persecuted but not convicted.
Hi Richard..
Thanks for the response..I was alway wondering how defense attornys felt regarding their clients who got off ( and , the only example I knew of was the james spader character firing his troll client -who killed his own mother (with a frying pan ) —was set free —and then killed again—-BOSTON LEGAL!)…
re: Prisoner set free in Florida…NO EXCUSE WHATSOVER ! HEARTBREAKING STORY!
VIOLETTE
Violette/Finally: Not sure if you all are aware of this, if not, I think you all will find it interesting. Barry Scheck and Peter Neufeld are head of a group called The Innocense Project to help prisoners that have been wrongly accused. So far, they have freed several people. I admire them greatly. Hope you all will read more about this group. They are terrific.
Another motion lost YIPPEE. Keep taping. Let’s see if mommy and daddy come to visit.
I am glad that Judge Stickland is a Patient Judge and most of all a Good Judge, making the right and fair decision by this case.
Keeping the case clean and clear of any Special Treatment either way..
Judge Strickland rules… DP can stay.
Source~~
WESH
Richard, where does the defense go from here? Do you think Lyon will stay on the case and try to work another angle before the criminal trial?
I have a two part question:
1. Is Andrea Lyons going to be required to be in court everyday during the trial?
2. If there is a change of venue, is Baez entitled to any financial help from the taxpayers?
Hi Richard,
Someone on BLINKONCRIME #309 stated that you said that all an atty. has to do is request privacy with his/her client. (or word to that affect) My question is: Why isn’t Baez doing just that?
Are you surprised that Judge Strickland left the DP on the table…
Mary Beth….I asked Richard that question this past weekend, and his answer was yes. (I couldn’t find the post)
This is what Richard wrote in his blog regarding the Death penalty
“So until such time as the trial is held and the death penalty imposed, this motion is moot.
Prediction – Motion Denied.”
Richard I wonder if you can explain the ruling regarding video taped visits and then we can put it to rest.
Did Judge Strickland mean that he would view the videos of the family/friend visits (if they ever actually visit) prior to release or he would view attorney visits prior to release? Initially I thought he was denying the motion to destroy old videos with family and friends and to stop recording and releasing them.
Are attorney client meetings subject to release to the public through Sunshine Laws or is that disallowed and therefore a non-issue? I’ve read many different interpretations from news sources and bloggers, some of who are lawyers from out of state. Could you clarify please.
Attorney/Client video visitation cannot be released to the public, regardless.
~~FYI~~The duty of confidentiality continues after the client-lawyer relationship has terminated.
I’m still confused about the wording on the rulings regarding videos. Clear as mud to me. I’m now assuming that Judge Strickland will view family/friends visits prior to possible release to the public.
I guess more importantly he has refused to destroy videos of previous visits where Casey’s total lack of concern for her “missing” daughter is glaringly apparent. I assume they will be allowed to be admitted as evidence and will be very damning to her case. By now even Casey surely would understand how to present herself in a more appropriate manner.
In regards to the civil suit, people keep saying Casey has no money, you can’t get blood from stone, etc., but money is coming from somewhere to fund her defense. I’m guessing that her financial situation will be open for scrutiny if Zenaida wins her defamation suit and is awarded damages above $15,000. Does that mean we’ll find out who is paying the big bucks for her dream on team?
What part in the trial will Mr. Beaz play now that The DP motions was denied. He is not death penality qualified is he? Will his pressentation role change at all?
Well, technically he can not even sit second chair in a Capital case. I think he will be like an F. Lee Bailey, delegated to non-material witnesses.
Get your butt back in here and reflect on today’s hearing! Do you hear me? Get back in here now!!!!
Casey, please do the interview in Iran. I would love to hear you ask “where’s the noose?” before you’re thrown off a crane…you child killing c**t