bLawg

Change of Venue + Sequestration = An Orange County Trial

Riddle me this:

If Judge Strickland were to grant Casey Anthony’s Motion for Change of Venue and also sequester the jury, where would the trial be held?

Answer: Orange County 🙂

See Section 910.03(3), Florida Statutes.

If a court finds that a fair and impartial jury cannot be impaneled in the county where the offense was committed, and the court determines that once a jury is selected it shall be sequestered, the court on its own motion, or upon a motion of any party, may elect to select a jury from a county other than where the offense was committed. … Upon completion of jury selection, the jury shall be brought for trial to the county where the offense was committed.

rhornsby

64 responses to “Change of Venue + Sequestration = An Orange County Trial”

  1. Sounds like the perfect solution! Wonder why this hasn’t crossed Baez’s mind, or, is he even aware of the statue. LOL!

    Would Baez be satisfied with a JURY being selected from Miami & brought to Orlando? I suspect NOT, it would be cheaper on the TAX payers & reasonable.

    So WHY is Baez implying he wants the ENTIRE Trial moved to another County in his change of VENUE Motion?

    • Make no mistake, the Capital case WILL be tried in Orange County. The jury may be from another county, but the case will be tried in Orange County.

      Notwithstanding the statute, which cannot be overridden, the State has 200+ witnesses.

      What would be cheaper, put all of the witnesses, court personnel, and attorneys up in hotels in another county for several weeks; or

      Put 15 or so jurors (have to take into account the alternates) up in a posh hotel here in Orlando?

      Hornsbydamus has spoken, the Capital case will be held in Orlando, Florida.

  2. Oh, yeah ……. what fun for out of towners!!

    Being sequestered in another county ……..

    Would be enough to make some bristle immediately due to derailing their lives, for what ………?????

  3. Help me out here.

    The way I am reading this is that upon jury selectin “IF” the jury is to be sequestered, then a jury can be brought in from another county.

    Is this to mean that for a jury to be selected and brought to the county where the crime was committed, there must be an order for sequestering?

    • Take the check fraud case, it will take a day or two and has about five witnesses.

      So even though Judge Strickland MIGHT agree to a change of venue, he would not likely sequester the jury for such a short trial. So the trial would be held in the county where the jury was picked.

      On the other hand, the Capital case will take weeks and has hundreds of witnesses and will be a global sensation. Strickland would grant the change of venue and have to sequester the jury – not just for to prohibit media exposure, but because of logistics of witnesses and personnel. Thus, by statute, he is required to bring the jury back to Orlando and conduct the trial.

      • do you still think she will plead guilty @ the last minute to avoid the trial?

        do you have more coming on baez? I was hoping for more : )

  4. The PDF is 13 pages long, he blames everyone including Nancy Grace & all media for the publicity but takes NO responsibility for the sensationalism contributed by KC’s parents or Defense Team. I am still smarting from the ridiculous news conference he called himself, about being HISPANIC & the importance of such a high profile case in the community!

    He is sighting case law, Singer v U.S. 380 U.S. 24,85 & Sheppard v Maxwell, (yes! that’s Sam Sheppard!), U.S.333 1966.

  5. RH, I was told the same thing by a legal comentator for a local news station Dec. 11, after the hearing.

    The fact that so many witnesses are local, it is the perfect solution.

    Question: Do you think the jury will be taken on a “field trip” to view (smell) the car?

    I mention smell because rumor has it, the car still has a very strong odor.

    Do you have any info on that?

    • I doubt the jury would want to smell the car. Shouldn’t they trust the reports of the FBI labs? Even if they were to “smell the car”, would they be able to determine what caused the smell with their noses alone, or would they have to rely on expert witnesses regarding the source of the odor?

  6. Hello Richard….I think you are right about it being a boyfriend who turned her on to Baez, but I don’t think it was Jesse..I think it was the cop boyfriend who got fired for lying to LE..I keep remembering her first court appearance and her smiling and batting her eyes at someone……my guess is that it is him…….Who knows he may be a side kick for Baez who gives out his cards in the jail……and he called in a favor…..Just saying……who knows…..Another reason I don’t think it was Jesse is when Casey showed him a card that Jesse gave her…saying how much he loved caylee Baez then tried to say maybe it was Jesse who killed caylee….I think this whole case has turned into a circus….and I think its time for the big tent to come down……..Just Sayng…… :>)

  7. Hey Richard..

    Why in the world do you think that Bozo did not make the fraud case “go away” a long time ago?…

    What was the incentive for him to drag it out and create all the “change of venue” drama ,yadda ..yadda ..yadda?

    Really, aside from bozo being moron extraordinaire, what was he thinking?

    And, why would Bozo not opt for a “judge only” trial versus a “jury” trial?

    Thanks , violette

    • violette, jmo, probably more of “moron extraordinaire” not knowing the appropriate thing to do. I noticed the PAYMENT to Bank America wasn’t made UNTIL a year later, when, Lyin Lyon’s came aboard.

      A year too late meant a year more “sensationalism,” if Baez had any sense, it seems he would have made that repayment of stolen funds immediately instead of letting it escalate as you say. I am interested too, in RH’s opinion on this.

      • The payment to Bank of America is not admissible as any type of exculpatory evidence. The question is whether she stole money at the time, not whether they were ever compensated.

    • The monies were repaid pretty early on but Baez could not “make the fraud case go away” — she’s going to be found guilty and that won’t look good for her going in to the capital case – you don’t want to be guilty of a felony, whether adjudicated or not, when on trial for murder.

      He was playing for time, hoping the murder case would come FIRST but it looks like he has lost that battle.

      • He lost more than one battle if the story about Casey being offered eight-years by the State is true, and he turned it down, too!!!! This was before Caylee was found. That, plus not moving on a speedy trial were two very serious mistakes.

    • Well, originally the case was abated pending the outcome of the capital case. So he was thinking that he did not need to worry about this case. But now he is in a pickle, the smartest thing would be to move for consolidation.

      • RH, here again, is this more “ineptitude” on Baez’s Legal Advice?

        GOD I love Fla. Law. Did Baez NOT KNOW about the VICTIM’s Right to a SPEEDY Trial in a Criminal Case? Perhaps the STATE “did” educate Amy H. of her RIGHT to have this prosecuted, maybe she didn’t, but at every avenue, Baez had “made bad decisions” it seems on KC’s behalf!

        I guess waiting until 24 hours before the trial, SPENDING tax payers dollars going thru Voir Dire, will ONLY add to this SENSATIONAL Case, & gosh, Baez whines about getting a Jury! Only seems fair these expenses should GO to the DEFENSE for wasting TAXPAYER dollars & Grand Standing.

  8. artnut,

    Thank you for the link. I find line 5 of page 2 interesting because it discusses
    ” The effects of the national media coverage is reported on and emphasized by the local media”

    But it has been the defense and the parents who have been on National TV.

    They maybe should have omitted that argument. lol

  9. Mr, Hornsby, Can you explain why John Couey had his trial moved to Miami from Citrus County and why this case is different? TIA

    • Well the cases are obviously factually different. Couey was a convicted sex offender who admitted to burying the poor child alive after raping her. But as for why the trial was moved, it was because there was no way that Couey would get a fair and impartial jury panel in Citrus County, because that is where the case occurred. Just like it is unlikely that Casey could get a fair and impartial jury here in Orange County.

    • Of course she can! This trial may be huge for people who are following it, but not so much for the average bear.

      Just last year was a Presidential election and you’d be shocked at the vast number of people happily announcing that they “weren’t following it.” It was on all 24 hour cable channels, every newspaper and TONS of websites for months. Casey Anthony’s woes are relegated to Nancy Grace and the occasional CourtTV segment.

      Casey Anthony isn’t the end-all be-all to more folks than I guess you’d imagine. Michael Skakel went on trial in CT and it was BIG news, with constant publicity. They chose a jury there with little fanfare. It happens all the time. Just because *you* pay attention to this case doesn’t mean most people on the jury selection list are even close.

  11. what if they cannot find a fair and impartial jury from anywhere? what would happen then?

    “A good lawyer knows the law. A great lawyer knows the judge.” (smiles)

    • I guess you could ask Mr. Hornsby to delete your posts.
      When you post next time, use a nickname. 🙂

  13. If the trial stays in Orange County how will the media and citizen spectators be handled?

    What is the seating capacity in the courtroom and who decides which members of the public and press get access?

    Obviously family members of victims are always accomodated without question.

    Who gets the remainder of the seats? Will it be reserved for credentialed press only? Will the public be denied altogether as a matter of security?

    Will there be a lottery style assignment of seats?

    How does it work?

    Thanks in advance for any light you can shine on this issue.

      • Thank you for your response.

        I’m just curious as rumor has it, a bunch of bored housewifes are trying to raise funds so they can travel to Florida for the trial.

        I would imagine the press gets first dibs. Followed by the locals. (Students preferrably).

        I doubt there will be any room left for hairdresser’s from Massachusette’s.

        Thanks again.

        Here’s wishing you and your readers a very Happy New Year.

    • In the Scott Peterson trial….the family was guaranteed a seat, the media was allotted a certain number of seats, and the general public got the remaining seats. People had to get a “ticket” to be able to get in to the courtroom. First, they had to show up, get a ticket, and then hope their number was drawn.

      Perhaps Florida will use California as a model, or perhaps seating will be on a first come first serve basis.

      • Thank you Pipkin.

        The California model you describe makes sense to me.

        That is what I meant by “lottery style” seat assignment.

        That’s probably what they will do.

        If all the “searchers” show up, they’ll probably need extra security too.

    • You are welcome GFD/TN.

      I am curious about the many motions that have been filed and not yet addressed. How does the system work? Obviously it’s at the judge’s discretion. Are some put aside and dealt with closer to trial? Are some heard in chamber without the public, or basically the media, being aware?

  15. I don’t know if my question will be answerable (< such a word?).
    If a person is convicted to death row and say they have been there for 10 to 15 years, could they make a deal to get LWOP if they decided to confess to their crime?

  16. I think Jeff Ashton ROCKS.

    I’m surprised you haven’t gone after him, Richard. Is he on your list for the future? And why can’t I find a place to put an avatar with my name here on this blog?

  17. Richard –

    Can you please clarify who would be allowed to visit with Casey under the guise of working for the defense and not be subject to the media requesting video of the meeting? Can it be anyone or do they have to have a specific purpose for the defense?

      • RH, I just saw a graph charting the visits of Baez, he is seeing KC ONCE a Month now, considering he saw her 13 times the first month he represented her. Clearly his enthusiasm has diminished.

        I realize it must take ALL his avaliable time to continue to produce ridiculous MOTIONS, but, IS this normal? KC is facing the DP, how can this be normal?

        My guess is that Baez has lost his “Passion” for this case &
        “my girl,” I guess that’s what happens when Reality kicks in & you realize your client hasn’t lied a couple of times, she LIED about everything.

        • Well there comes a point in every case where every attorney just wants to get a case over with.

          With that said, what good would seeing Casey frequently do for Mr. Baez? In reality she could not provide him with any additional information that would help him prepared his defense. At this point he is just visiting her to provide updates on what is going on, nothing more.

          • thanks for the explanation. It never dawned on me that I guess the DEFENSE team is working on “Strategy” & has whatever facts KC has provided & doesn’t need her input.

            thanks.

  18. Hi NostroRico,
    Sounds like you need a break! I’m so happy Christmas is over.

    IMO the reason Baez wants an out of county jury, is that he is hoping to get as many Latin people as possible. He thinks he’s a Macho Superstar among the Latin community. Yeah, I truly believe he does. His thinking is wrong. Whatever the culture, or race, when the horrid facts are laid before them, reactions will be the
    same. I still don’t think Casey will get the DP, LWOP is what I imagine she will get.

    Frankly, I think most people think this case is taking far too long. They need to get moving. Don’t you agree?

    I wish you, and your family a SAFE AND HAPPY NEW YEAR!
    mbk

  19. LONGSFORSUMMER: I believe this case will be televised. You can always watch it from the comforts of your home….and miss the crowds. (you must live in Orlando..)

    hmmmm Wonder if RH will be in courtroom? My guess is, perhaps a few times, not everyday. (Unless Blankie Blink is there. lol…he might put a Whoopie Cushion under her seat!!)

    • IN SESSION/TRU TV has already said they will cover the ENTIRE Murder Trial as well as the Civil & Fraud Cases on their network.

      I watched the MOTIONS hearing on Dec. 11, 2009 on IN SESSION. They did a great job + are able to get interviews by Casaris of some of the “players” Orlando media isn’t able to get. The LEGAL Analyst were “more than impressed” with Jeff Ashton’s presentation of argument in the DP. All they could say was, “WOW! WOW! WOW!”

      RH, you would be GREAT as an ANALYST on their show, being a Criminal Defense Attorney & explaining the ins/outs of Fla. Law. to their viewers would be entertaining.

    • Hi Mk,

      No, unfortunately, I’m not in Orlando.

      I wouldn’t get within 5 miles of the court building if I was though.

      The “Circus” like frenzy isn’t going to get less chaotic, in my opinion.

      Circus like atmosphere’s aren’t really my thing.

      Isn’t it ultimately up to Hon. Strickland as to whether the networks are allowed to bring cameras into the courtroom?

      I’m sure he will probably allow them but what if he only allows pen, paper & laptops?

      I hope RH does attend the trial and shares his thoughts on his blog. If he isn’t too busy.

      I wouldn’t want his own clients to lack services due to my own selfishness, but it would be fantastic if he could cover the trial.

  20. I concur that you should be an analyst for this case. I think you should also do that ad thing and make some money off of this blog- don’t know how you go about setting it up but I know of blogs that make thousands of dollars a month. Especially when this case goes to trial. I’d much rather here the latest from you since you’ve followed the case from the beginning and know what the h*ll you are talking about :)!

    Your biggest fan in Colorado!

  21. Long4Summer
    I take offense at your comment! Housewives, househusbands, or lame ass commentors or whomever have as much right to take interest or attend this trial just like anyone else who has an interest if that is what they want to do. What makes think you and your rudeness have a monoply on this or anything else. Do you think they are beneath you or not have the intelligence to follow this case and attend if they want to. Kiss off. I am tired of the slamming of bored housewives. Kiss off!!!

    • What ya want to go protest at the trail or something?
      Maybe you can all get together and toss pennies!!

      • I think what is getting lost in the unneccesary bantering is, well, reality.

        If the courtroom seats 80 people, for random example, and the judge allocates 50 of them to media and family, that leaves 30 seats available to the “public”.

        How does Frosty propose they accomodate “anyone who takes an interest and wants to attend” if “anyone” exceeds 30 people?

        This case…. “The People of FLORIDA vs. Casey Marie Anthony” , would allocate those remaining “30 public” seats to FLORIDA taxpayers, no?

        I would sure think so.

        That means a bored housewife (or househusband) from Minnesota may wish to call ahead for details before booking their flight.

        • Sorry just the use of the referral to bored housewive like it is a dirty word is what bothers me. I get your point about anybody just showing up for this is ridiculous. Can u imagine the sideshow this will cause outside of the logitics of every Tom, Dick, and Sherry trying to get in to this thing. I am sure there is the crazy ones that will try. It would be the last place I want to be. Thanks!

  22. Amen to that Frosty!!! Mr Hornsbey indeed needs a vacation after the past weeks of bashing housewives and other bloggers.Perhaps he will come back refreshed and less hostile.Hopefully, he will set a better example and monitor this blog in a more respectful manner.

  23. what i am consumed with is what kind of defense can any attorney really put on, when there seems to be no defense? i also would like to know, is when you have a known liar for a client, how can you trust anything they would tell you? how do you go into a trial with the kind of confidence an attorney must have in a courtroom to be even remotely effective? the jurors will find out what a liar she is with a quickness. i am just curious to know how can an attorney, any attorney work with that?

  24. ya’ll should be less sensitive about RH’s words. He is not here to babysit. If you do not like the way he talks, you have the choice to not come here. Use it, otherwise quit griping. i never have understood the way people go to tv shows, or blogs, and then complain when roses aren’t strewn out for what you think it should be, or not be. i have friends from all walks of life,and believe me, they have bigger worries in life than what a person is saying about certain social groups, unless it is going to affect you in a personal way, and you can not function in life due to mere words.

    • I am not sensitive about RH’S words and I don’t need a babysitter. I was not refering to him anyway. I visit many sites and this is the only comment from posters that bugs the hell out of me. Believe me I am not a sensitive person by any means. I do have a life and and the comments about a certain social or racial group is what burns my butt. TCD is where I see you and never take offense there with you or anyone elses comments!!

  26. I would personally prefer to watch from afar……so I can throw things at the Defense without getting arrested. My tv is much cheaper to replace.
    But would love to be outside the court house wearing a laundry bag that says
    “this bag is for you CASEY ANTHONY!”
    Baez and Lyon have been very quiet…… Scarey when you think that Lyon is out of School for the last 2 weeks…….