RULE 3.202. – EXPERT TESTIMONY OF MENTAL MITIGATION DURING PENALTY PHASE OF CAPITAL TRIAL: NOTICE AND EXAMINATION BY STATE EXPERT
(a) Notice of Intent to Seek Death Penalty. The provisions of this rule apply only in those capital cases in which the state gives written notice of its intent to seek the death penalty within 45 days from the date of arraignment. Failure to give timely written notice under this subdivision does not preclude the state from seeking the death penalty.
(b) Notice of Intent to Present Expert Testimony of Mental Mitigation. When in any capital case, in which the state has given notice of intent to seek the death penalty under subdivision (a) of this rule, it shall be the intention of the defendant to present, during the penalty phase of the trial, expert testimony of a mental health professional, who has tested, evaluated, or examined the defendant, in order to establish statutory or nonstatutory mental mitigating circumstances, the defendant shall give written notice of intent to present such testimony.
(c) Time for Filing Notice; Contents. The defendant shall give notice of intent to present expert testimony of mental mitigation not less than 20 days before trial. The notice shall contain a statement of particulars listing the statutory and nonstatutory mental mitigating circumstances the defendant expects to establish through expert testimony and the names and addresses of the mental health experts by whom the defendant expects to establish mental mitigation, inso far as is possible.
(d) Appointment of State Expert; Time of Examination. After the filing of such notice and on the motion of the state indicating its desire to seek the death penalty, the court shall order that, within 48 hours after the defendant is convicted of capital murder, the defendant be examined by a mental health expert chosen by the state. Attorneys for the state and defendant may be present at the examination. The examination shall be limited to those mitigating circumstances the defendant expects to establish through expert testimony.
What Does all of this Mean?
Jeff Ashton has already gone on record that the reason the State sought the Death Penalty was because Casey Anthony was the first women who did not have some mental issue that justified not seeking death penalty.
This suggests that the State consulted with a mental health professional before seeking the death penalty to reach such a conclusion.
This also suggests that when the Defense files their Notice of Intent to Present Mental Health mitigation pursuant to Rule 3.202 exactly twenty days before the trial is slated to begin, the defense fully expects that the expert the State selects to examine Casey Anthony will disagree that any mental health mitigator exists.
Preemptive Defense
In anticipation of this, the defense brings Ms. Sims on board specifically to debunk the State expert’s methodology.
And I think the support for this hypothesis of mine can be found in a quote of hers found in an article in NJEsq, Author says methods detect doctors’ lies, which quoted her as saying:
“The thing that disturbs me the most [about psychological tests] are when they are misused in criminal cases or – child custody cases.” Sims said.
Smoke and Mirrors, Smoke and Mirrors.
Many would ask that if Ms. Sims is only being brought on to cross-examine penalty phases witnesses, why file a Notice of Appearance now.
I believe that the timing was done solely to throw the State off. If they think Ms. Sims will be used only to attack Dr. Garavaglia, they likely would not prepare their chosen penalty phase mental health expert thoroughly.
Whereas if Ms. Sims filed a Notice of Appearance contemporaneously with the defense teams filing of their Notice of Mental Health Mitigator, the State would have no problem figuring out her purpose.
Little Medical Evidence
Finally, my belief that this is the case is because there is actually very little medical evidence for Ms. Sims to attack.
Dr. G’s autopsy report clearly states that Caylee died by unknown means, and the reason she ruled it Homicide is because of the duct tape and the peculiar circumstances of her disappearance and ultimate discovery. Quite frankly, there is little to cross-examine.
So that is my story and I am sticking to it.
66 responses to “Preparing for the Penalty Phase”
Great Article! I have a question though, if the defense were planning to throw the State off their trail, wouldn’t they have delayed their filing today (9/9/10) that changed from limited appearance co-counsel yesterday to co-counsel today? Is the defense legally required to disclose within a specified time limit when a new attorney joins the defense team?
Thank you for your time.
I don’t know why she filed her amended Notice of Appearance today, but I suspect it is because there is no such thing as a Limited Notice of Appearance in a criminal case, either you are an attorney of record, or you are not. The only time a Limited Notice of Appearance is allowed is in family law cases.
So in other words she will fit right in with the defense team, she starts off with an incorrect filing.
Are you aware of the company she owns MDinaBox? Outsourced expert testimony. Any opinions about her company?
I think it is a good idea. Her reasoning for creating it is 100% legitimate.
I believe this was a good move by the defense. Some are saying that this is LKB replacement. Do you believe that? I don’t. thanks
It seemed so, however their areas of claimed expertise are not the same. Ms. Sims’ expertise is in the medical/psychiatric field. LKB’s field is scientific and serology (DNA).
Hi Richard,
I live in Texas and there has recently been a court ruling that a mother who murdered her child did not pose enough danger to others to warrent a death sentence. The ruling from the Texas Court of Criminal Appeals found that if the accused has only committed acts of violence against a segment of society she would not encounter in prison, there’s insufficient evidence for a death-penalty conviction, so she was given a life sentence.
Can these Texas rulings be used as arguments in Casey’s case in Florida?
I can link the rulings if you need….just let me know.
No, but it could be a new argument Baez could raise.
Hi Richard,
Good to see you back. I notice you don’t write unless you have something interesting and important to say. Love it!
I’m curious……if you figured out their sneaky purpose of introducing Ms Sims at this time, do you think the prosecution will be as astute? I don’t believe for a moment that the defense is pulling the wool over the eyes of the prosecution.
My theory is pure speculation, but considering there is not much medical testimony to be presented during the guilt phase, and no psychological testimony during the guilt phase, it just seems she would not be helpful until psychologists could testify, which is during the penalty phase – and only if the Defense files their Notice of Intent to Introduce Mental Health Mitigation.
Illuminating article as usual … Thank you for making the time. A question though.Is the State paying Ms Sims or does she also work “pro bono”?
She is working pro bono.
Caseys first Death penalty qualified atorney quit very early on because he felt the defense should be pursuing a mental health defense didn’t he? However if I recall correctly, Baez didn’t agree so presumably neither did the client. Can the state throw that back at them if the defense attempts to do what you discuss in your article?
No, you cannot bring up an attorney’s decisions.
Great article Mr. Hornsby. I truly appreciate your matter of fact delivery. I have a question about counsel. At what point in a upcoming trial like this would you, for instance, have a come to Jesus meeting with your client (let’s say Ms. Anthony)? Do you think this already happened and they are rolling the dice or do you think perhaps this defendant doesn’t know the gravity of the situation? In a case of this severity….how and WHEN do you as counsel plan (a) a defense and at the same time (b) mitigating factors for the penalty phase? I’d be like….wooaaahhhh, wait a minute.
Are they telling her like it is? Would you have tried to plea this case? Hate to put you on the spot but, damn, I really want to know what a real lawyer would do with this case.
Thank you in advance.
I don’t know if they have had a “Come to Jesus” meeting, but I would suspect they will at some point. Every attorney in a serious case has a Come to Jesus meeting with their client.
But then again, if the only offer on the table is death, what is the point of having a “Come to Jesus” discussion with their client.
Great Article. I’m thinking, George and Cindy should be evaluated too. There’s something wrong with that entire family. That poor child, never had a chance. Because of Cindy Anthony’s selfishness, (like mother like daughter, IMO), poor Caylee had to die, the only reason that child is dead, is because Grandma and Mom were at war with themselves, Caylee was Casey’s final killing wound to Cindy. Ms. Sims, will know this, right off the bat. I can’t wait to see the wonderful attorney, make some excuse for a murdering self centered spoiled brat. Ms. Sims, wonder if you can sleep well at night. What about justice for poor little Caylee. That family never deserved that little angel.
I love your question voir doire, and Thank you, Mr Hornsby for the interesting article.
I wonder if it is customary to plan the penalty phase even before the trial??? It seems like the defense is conceding the fact that a guilty verdict will be the result of her trial..
Well the rule I cited requires them to file a Notice of Intent to Present Mental Health Mitigation 20 days PRIOR to the trial beginning. So they are procedurally required to plan for the possibility of a guilty verdict.
Interesting theory. I wondered as well, with the limited medical information, what they would attack. Your theory makes good sense.
The article that you linked states Ms. Sims works with plaintiffs. Nothing was stated regarding defendants. Has she been successful in the mitigation phase of capital cases? Thanks.
Plaintiff’s lawyers, the ones suing doctors for medical malpractice, suing employer’s for workers compensation claims, etc. Generally speaking, a Plaintiff’s Lawyer “defends” the rights of the injured, whereas a Criminal Lawyer “defends” the rights of the criminally accused. Many would say that their ultimate interests are aligned.
So, does this mean that their defense strategy for trial is going to be the insanity or diminished capacity defense????
And isn’t it reasonable to believe that 2 years ago, Casey was examined and found to be sane with no mental issues going on, and now after 2 years of jail in almost solitary confinement , that she has lost some of her mind??? Sims probably can (in 2011) argue that the original psychologist is wrong..
Thank you .
No, you did not read my article very closely. Mental Health mitigators can be brought up in the penalty phase, which occurs AFTER a conviction was obtained. They cannot be brought up during the guilt phase.
I have two questions for you Mr. Hornsby. One: You mentioned earlier in this thread that an Attorney’s decision cannot be brought back up. What about C. Mason? He stated for the world to hear that he thought KC was guilty but now he is on board with at least one oar in the water.
Two: Why would any self respecting Attorney attach themself to this case purposely> Would you for any reason involve yourself?
Cheney Mason is not a witness to the case, he is was an observer when he made his comments and he cannot be called to testify to give his opinion. The only opinion that matters, or that is admissible, as to Casey Anthony’s guilt is the jury’s.
I could see a lot of self respecting attorneys getting involved in the case; and frankly, most of the attorneys who have become involved, with the exception of Baez, are well respected attorneys – or were.
As for me, sure I would get involved in a case like this if the situation was appropriate, but I detest Jose Baez and think it is attorneys like him who give the practice of criminal defense a bad name.
Focusing on your last paragraph in this post, do you have an opinion of the defense scheduling 35(?) depositions of on duty law enforcement officials in the same day, at the same time?
(Also does “appropriate” in a case like this translate to “show me the money”?)
“As for me, sure I would get involved in a case like this if the situation was appropriate, but I detest Jose Baez and think it is attorneys like him who give the practice of criminal defense a bad name.”
OH! THANK YOU SO MUCH. Please go on the Geraldo show and say that. Best think I read all day!
ooppss think = thing sorry for the typo
Maggie
he made my day with that comment. I read between the lines that he too thinks baez is enept!! made my day!!!
First time I heard an attorney speak out honestly about baez.
Thx for your response. one more ? please. why would they not BEG the state for a plea? Outraged taxpayers in Fla alone would make you wonder why they don’t just plea and put this nag out to pasture (LWOP).
Maybe they have “begged” for a plea, just not publicly. (And no, I have no information whether they have or not.)
Mr. Hornsby,
Thank you for the article!
I don’t think I quite understand, Mental Health mitigators can be brought at the penalty phase as you mentioned, from my understanding it has nothing to do with her being insane right? So is the work that this lady Jeannene Barret is doing to dig out KC’s past and upbringing, her family’s past will help defense to prove how dysfunctional her family is and spare her the DP?
In your opinion, do you believe KC will take the stand, will it help her or not?
Please and thank you.
I’m curious as to the “defense”….circa July, 2008. If I were, say, Casey Anthony and I retained you to defend me in the mounting charges (endangerment, false reporting AND ultimately murder)…..would your strategy be to stage the trial of the century or would you plea bargain and cut my losses?
Why, in your opinion (please) are they no longer focused on the alleged abductor (zenaida fernandez-gonzales). What happened to Zanny the Nanny?
As a defense attorney….should I tell you the “truth” or are you going to tell me you don’t want to know the answer to anything you don’t ask?
I am not being snarky. I respect you. I just want a perspective on what one “unknown” fairly new lawyer may have been told. Do you think Jose Baez got the truth from Casey Anthony? If he did, would this trial be scheduled? If he didn’t….when did he invoke the “golden rule”…..don’t ask a question you already know the answer to.
I have to say, Mr. Hornsby, I would LOVE to see you in court litigating.
You ROCK!!! (Plus, you look a hell of a lot better than Cheney Mason)
ROFL
Hi Voirdoire,
I have a couple of thoughts on your questions. They are JMO, of course.
As far as July, 2008 is concerned…..I don’t believe she took a plea because that would mean she had to tell exactly what happened to Caylee. That wasn’t going to happen. Not at that time.
I believe it has been proven that Zenaida Fernandes-Gonzales does not exist. (except in Casey’s mind) Nobody has ever seen her, talked to her or has any way of getting in touch with her. No pictures exist of “Zanny the Nanny”. Dead end.
I also believe that Casey has told Mr Baez all. JMO
Mr Hornsby……i have the utmost respect for your opinion in this case. First of all you have given us the scoop. Second of all you havent dirtied your hands with this case. I am so much in agreement with you about BOZO Baez. If they go with the mental thing they are going to have to prove that Casey at one point in her life was evaluated by a Psychiatrist and was placed either on medication for a mental disorder or she was hospitalized due to the fact she was a danger to herself or others. All i have read and listened to never once has there been mention of this. I think its really sad that for whatever reason….Casey hasnt woke up to the fact that no matter how well rehearsed her story of lies is…..This will never ever being Caylee back and that shes going ot have pay for her doings!
JUSTICE FOR CAYLEE MARIE!
Thanks Richard for the great article & your insight!
The question I have with Sim’s is, WHY NOW is Baez considering this, because the DP is on the table? T Lenamon wanted to explore the possibilities of KC’s mental issues in the beginning of the case & Baez didn’t want to, as TL hinted in several articles & interviews his has done.
imo, Baez didn’t want to spend KC’s money on anything but his salary, certainly not to have her evaluated by experts, certainly not to keep a “Qualified Cr Def Attorney” on board such as T Lenamon, who, imo, could have had this case over & done with long ago with KC “getting a better deal than she is facing now with Baez/Mason.”
I have seen cases on Dateline & 48 hrs. in which Psychologist’s have testified for the Defense & claim the defendant is Narcissistic or Borderline Personality, both not excuses for murdering a small child & didn’t stop juries from convicting them of the DP.. It would seem the “Sexual Abuse KC claims against Lee/Gas Can George would be stronger arguments, or, did she perceive she was abused?” Is that part of a “mental issue, perception?”
Richard, will Sim’s replace LK Baden whom we haven’t seen in a long time?
Mr. Hornsby can you explain to us WHY you would take this case on? How could it be in any way a positive experience? As someone without a legal background observing this I can’t see even one good reason to become involved in such a mess. Even if the greatly-despised Mr. Bozo was out of the picture it would still leave the reality of Casey Anthony, her dead daughter and her lying family to deal with. No one, not even you, could alter that fact. Please explain if you can what would be your motivation. Thanks.
Mr. Hornsby
Do you think that casey will come back and claim that she had ineffective counsel if she is found guilty.?
We have all witnessed baez in action and have concluded that he is inept and is looking out for his own interest in this case. Why is it everyone else has seen how incompetent that he is and yet casey continues to keep him as legal counsel.
I shudder to think of him in court trying to present his case! without the help of Mason he would be toast! but will his ineptness and inexperience along with his arrogance go against him. ?
I ask you? do you think baez has made casey aware that she may get either DP or LWOP?
I am assuming that Mason has mentored him as much as he can, and wishs he hadnt taken this case with baez. I am left thinking that baez has kept her in the dark. I dont see how the jurors are going to get past the 31 days of not reporting caylee missing. Casey didnt want to talk to the 911 operator (cindy gave her the phone). the vitta bella tatoee! who does that when their daughter is missing.
the partying at fusion and other places!
stealing from her grandparents and friends!!
stealing from her mother!
none of her friends/family knew caylee was missing or that she was with the non-esistent nanny!
and the list goes on! when they found her she was at tony’s laying up in the bed with him. and most of all what has annoyed me ! casey and lee’s high 5> no sign of remorse when arrested and all her jail house conversations.
sorry I didnt mean to get carried away its just that this little girls death has realy bothered me as I am too a grandmother and do not understand the behaviours of anyone involved from her attorney to her mom and dad and lee and others.
justice for caylee countdown!
I would not blame RH for wanting to get on the defense team. Everyone has a right to a fair trial and thats what Defense Lawyers do. Any Lawyer that knows they could help Kc get a fair trial and could afford to work pro bono probably should offer their help. Afterall, its their calling isn’t it? I am sure many Lawyers have offered their advice to the defense. I am not sure why RH has called Jb names, but I am sure he understands that Jb is representing the most hated woman in America and that cannot be easy for anyone… thanks
How many pro-bono lawyers and forensic experts have injected themselves into this case? How many outwith Florida? Was it because the evidence suggested this young woman innocent? Ask yourself why? And she wasnt indigent then, she had secured a $200,000 dollar deal from ABC and she did this before she was actually endicted for Caylee’s murder. Her indigency status was not made public till March of 2010. Then we learned that the soon to be disciplined Mr Macaluso had actually contributed an additional $70,000 dollars to the cause. WTF
How many anonymous INDIGENT defendants all over the USA would be grateful if just ONE lawyer or expert took an interest in their case. And out of those hundreds of thousands how many might just be innocent or genuinely have an undiagnosed mental illness.
No shortage of cases where lawyers and experts …. in the interests of justice, could devote their time, free of charge and without the fanfare of publicity. No Good Morning America or Heraldo shows getting in the way of them hitting the law books and putting in hours and hours of hard slog. Some do but they are too few in number and our media chooses not to highlight these selfless folks who actually do have a calling.
No-one could argue Miss Anthony has been under-represented.
Ive counted at least 7 lawyers including Miss Sims.
Your argument is absurd.
well its not hard to understand why so many including Hornsby would dislike baez. He is cocky, arrogant, liar and inept.
The defendent was also visited by a doctor (I can’t remember his name off hand but he’s a psychologist) around the same time, who specialises in dissociative disorders, PTSD, etc., caused by severe child abuse. Example, Zanni the Nanny is an alter ego of Casey.
It crossed my mind that Attorney Simms may have been hired to prevent the state from refuting his diagnosis and opinions, which I believe are controversial, rather then to refute the state’s expert psychological witnesses.
Dr. Steven Gold
Thanks for another post. I’m always appreciative when you take the time to explain the legal issues and offer your opinion.
Before reading your latest, I thought Sims was recruited to replace Macaluso because in February 2010, when Macaluso announced he was leaving, Baez told WFTV he would be looking for another attorney to take over Macaluso’s duties. Macaluso is a civil plaintiff’s lawyer like Sims, and he is supposed to be an expert at cross-examining technical experts. So I thought Sims was picking up his “duties.”
So even if the defense plans to introduce “ugly coping” to explain Casey’s behavior after June 16, they can’t put a ‘behavioral’ witness on the stand until the sentencing/penalty phase of the trial?
I am going to partially disagree with your statement that “Jeff Ashton has already gone on record that the reason the State sought the Death Penalty was because Casey Anthony was the first women who did not have some mental issue that justified not seeking death penalty.” He did say that and it was no doubt a reason in the state’s decision, but if you review the timeline, I think you’ll agree that it was the possibility that a conscious and physically-restrained Caylee was suffocated by duct tape that changed the state’s mind about pursuing the death penalty.
At the 7/22/2008 bond hearing, Judge Strickland ordered psychological evaluations by Dr. Jeffrey Danziger and Dr. Alan Berns because of Casey’s troubling conduct. On 7/31/2008, the docket shows “Psychiatric/Mental Health Evaluation and Counseling; Evaluation Filed.”
And not that Casey’s word is trustworthy, but on 8/25/2008, DCF investigator William Procknow met with Casey when she was out on bond. In his report, Procknow said he asked Casey about her court-ordered psychological testing, and Casey claimed she took an MMPI and was told “everything was normal.”
Following the grand jury proceeding on 10/14/2008, the state charged Casey with first degree murder, aggravated child abuse, and aggravated manslaughter of a child. From the information that was public at the time, it’s reasonable to assume that the grand jurors heard about the Pontiac trunk evidence of decomposition, Casey’s lies about what happened to Caylee, Casey’s carefree behavior after Caylee’s disappearance, the chloroform computer searches in March, and the too-high chloroform levels in the trunk. At a minimum, the chloroform evidence supported the jurors finding of probably cause for the first degree murder and aggravated child abuse charges.
Nevertheless, on 12/5/2008, the state chose not to seek the death penalty even though the prosecutors had Casey’s psychological evaluation and (by my lights) three, possibly four, aggravating circumstances if it was the state’s theory that Casey intentionally killed Caylee with an overdose of chloroform. The aggravating circumstances were:
1) The homicide was committed in a cold, calculated and premeditated manner without any pretense of moral or legal justification.
2) The victim was younger than twelve.
3) The defendant was in a position of “familial or custodial authority” over the victim.
4) The death occurred during aggravated child abuse.
On 12/11/2008, Caylee’s remains were found with three overlapping pieces of duct tape (lengths 7.5, 9, and 9.5 inches) covering the area of her mouth and nose, the tape held in place because the ends were attached to her hair.
On 4/13/2009, the State filed a notice of intent to seek the death penalty, stating, “based upon additional information that has become available since the waiver of intent to seek the penalty of death filed on December 5, 2008, sufficient aggravating circumstances exist to justify the imposition of the Death Penalty.”
At a hearing on 12/11/2009 in which the defendant’s motion to preclude the death penalty procedures was argued, Jeff Ashton said, “It’s clear in this case why the death penalty was reinstituted. It’s based on new evidence and the manner in which Caylee Anthony was killed.” He went on to describe the worst case scenario the jurors might draw from the duct tape, a scenario in which a conscious, terrified, and physically-restrained Caylee looked into her murderer-mother’s eyes during the painful, drawn-out, last minutes of her life: “As the killer looked into her face, maybe her killer even saw her eyes as the tape was applied — first one piece, then two, then three, so that no breath was possible. Could Caylee have understood what was happening to her? Did she try to resist? Could her killer see the fear in her eyes as the tape was applied?”
That scenario supports the fifth and worst aggravating factor the state intends to prove: “The manner of death was especially heinous, atrocious or cruel.” As I see it, the state chose not to seek the death penalty when they believed Caylee’s murder was likely a “soft kill” in which Casey put Caylee to sleep forever with a painless, fast-acting overdose of chloroform. It was only when the duct tape suggested a murder that was “unnecessarily torturous to the victim” that the state believed the death penalty was justified.
Five months later, at the 5/11/2010 hearing, in which the defense’s motion alleging gender-biased motives in seeking death was argued, Jeff Ashton argued that women tend to premeditate a child’s killing and have underlying psychological issues and that cases in which women kill without evidence of psychological disturbance are rare. He said, “In my 30 years as a prosecutor, this is the first time we have had the evidence for the jury to determine if death is the appropriate penalty.”
I agree that the state’s belief that Casey has no underlying psychological issues is a factor in the decision to seek death, but it was apparently not enough of a factor until they had evidence suggesting Caylee may have suffered terribly when she was murdered.
Spot on analysis Maura.
I believe the State will re-inforce to the Jury, their belief that this child suffered horribly.
I imagine lots of graphics and medical testimony will be advanced about
suffocation and to demonstrate the methodical premeditated nature of this murder. As Ashton said…. the Jury can draw inferences or not, but what possible mitigation could there be for a “sane” person to place three pieces of duct tape around the face of a 34 month old baby girl. As the McNaughton rule still applies Casey Anthony is legally sane, her personality disorders dont imo mitigate her actions.
This is where a certain Professor if she was willing to give Casey just a few days more of her time might make a difference. But seems the Angel of Death row just couldnt seem to manage it for a high profile Florida case that she had already invested almost 18 months worth of her time.
Hmm
Interesting idea Mr Horsnby but with impending Frye hearings and LKB’s inability to rustle up the occasional airfare, could it be that a local pro bono litigator with a speciality is not to be sniffed at. The term gifthorse and mouth springs to mind.
This defense need all the help they can get. The Mason/Baez act just aint cutting it. Macaluso and Lyon left a noticeable void. And judging by Mason’s performance at the 911 call hearing, preparation isnt his thing. lol Given the State have listed over 300 witnesses, I think Ms Sims alledged cross examination skills might not be limited to penalty phase or medical issues.
As for the smoke and mirrors analogy, hmm I dont see the Ashton/ Burdick union being fooled by any sort of legal manoevering. They are far too experienced.
jmho
You’re probably right about Ashton/Burdick being fooled, but the media is a different story.
And since the defense has been so concerned about the media’s reporting, better to let Ms. Sims file an NOA and let the media think her services are for one issue, when they really are for another issue.
Thanks for the reply Mr H. I guess we’ll know soon enough, whether her NOA is window dressing or not. Still a huge void at the defense table imo and lots of important evidentiary hearings still to be heard before trial. Im thinking particularly about the air samples.
Don’t sell the media short on this one Mr H.
Mr. Hornsby, I’m thinking if I were a lawyer, which I’m not, but if I were, I would request a little field trip with the jury to go smell that car trunk. I got a feeling it still smells, haven’t heard a thing from Bozo (Baez) state anything about that to the media, unless he thinks it’s Zanny the Nanny’s body, and she just happened to have a single strand of Caylee’s hair on her, with the death band. Oh, and I suppose Zanny was laying in the trunk in a fetal position to. I’m just wondering, what Bozo’s reputation as a lawyer is in Orlando, IMO, I would be afraid to show my face with some of the stupid motions he has filed, and how he mixes civil law and criminal law together. I mean really, this guy, how he passed the bar, I’ll never know, I think he had people texting him while he was taking the exam with answers.
Hi Mr. Hornsby,
Long time lurker, first time poster. Thank you for taking the time to explain the legalities and workings of the judicial system in layman’s terms. Except for the word “contemporaneously” there was no need for the thesaurus. Thanks again.
I’ve read on Ms. Sims’ website, she focuses on direct and cross-examination of medical experts. It was my assumption that the defense simply needed an extra attorney to help with the magnitude of witnesses still left to depose but I see you’re interpreting her arrival in a different light.
Depending on the final verdict, it’s your belief that she’ll be used in the penalty phase only and her hiring is basically a ruse by the defense to throw off Jeff Ashton. Interesting concept, coming from an attorney like yourself, you probably are well aware of these tactics so it’s a definite possibility. I won’t dare disagree with you there.
Addressing your statement; “Jeff Ashton has already gone on record that the reason the State sought the Death Penalty was because Casey Anthony was the first women who did not have some mental issue that justified not seeking death penalty” I disagree with your reasoning. In my opinion, Jeff Ashton’s reason for seeking the death penalty was more politically motivated than anything. I believe the citizens of Florida screamed for blood and he provided it.
It’s unusual in cases of filicide, especially when there’s no cause of death except what Dr. G calls “peculiar circumstances” and duct tape. Death by duct tape is rare to say the least along with the fact, cause of death is not known. If there were a way to determined that Caylee died from suffocation due to duct tape then I would agree with the State. This is a murder one case with penalty of death but from my perspective it is not.
It would be interesting to know your opinion in this matter of the death penalty being an option. TIA
My opinion on the death penalty is well documented: See Denying the Certainty of Death
Good article Mr. Hornsby. I agree with you for whatever it’s worth. I think LWOP is far worst than the death penalty but that would be for me. To some of these criminals having a secure place to live, 3 meals a day and a bed is paradise. Freedom doesn’t come cheap as you and I know. It means you have to be accountable for your actions, pay your bills, support yourself, put kids through school, yada, yada, yada. Some people don’t have life skills and have to take short cuts (crime) in order to survive. Life in prison for them is much easier than it is for the normal members of society, IMO.
I think it would be fair to give a convict a choice. Death or LWOP?
Jose Baez’s Mission (JB Mission) said, “Jeff Ashton has already gone on record that the reason the State sought the Death Penalty was because Casey Anthony was the first women who did not have some mental issue that justified not seeking death penalty” I disagree with your reasoning.”
The state is going after Casey Anhony because she premeditated the murder of her helpless 2 , almost 3 year old daughter. I think none of us can relate because we’re still alive. No matter how awful our parents were they did not murder us, even though they could have. We lived. Caylee did not. How can you justify the murder of a year old child?
Nosy Parker,
You and your assumptions…JB doesn’t stand for Jose Baez. If you care to attack me at least have the backbone to ask and get your facts straight before make such assumptions.
You seem to assume a lot of things. You’re assuming the State of Florida has all it needs to convict Casey Anthony. You’re assuming her parents are awful people. You’re assuming that I justify a murder of a child.
You’re assuming that no one (two words) relates to me.
Well, you know what that say about people who assume..it makes an ass out of u and me. Try not to assume so much.
BTW, if Mr Hornsby allows my reply to you, it will be the last. I just realized I wasted a whole minute of my day. That’s all you get, sorry.
I’ll try to enjoy the rest of my evening and I hope you can do the same.
another notice of appearance as co-counsel was filed on 9/9 and today a notice of affidavits of service was filed…what does the latter mean, and has someone else joined the defense perhaps, or is this all still concernig Ms. Sims?
Affidavits of Service are subpoena returns for witnesses; most likely for witnesses who did not show up for depositions.
Mr Hornsby, good evening. I was wondering if you have any idea what tomorrows 9am press conference might be about.Casey taking a plea deal? Mason removing himself from case? What are your thoughts tyvm
They probably will be presenting revelations made during the deposition of Yuri Melich which suggest his investigation of Casey Anthony was biased and done with tunnel vision; probably because of Melich’s internet postings and such.
What other internet postings besides the ones where he thanks bloggers for their get well soon wishes after breaking his leg do you refer to? Those are the only ones I’ve seen & he stated he could not & would not talk/blog about the case. If there are others, I for one would appreciate links to back this statement up. TIA
Didn’t hear of any revelations re: YM today, either…About laughed my butt off when JB hung up that “sign” on the wall as a backdrop. And what say you about his new website? If you click on “about us” (on JB’s name) it shows the same exact info he was admonished for by the FL Bar. How can he get away with this??
I really wish you would stop misrepresenting Yuri Melich’s words. It is very disingenuous and you are above this sort of thing. He never said one word that would indicate he had tunnel vision or was biased in any way. He simply stated that he had been made aware of the support thread and dropped by to express his gratitude. He made it VERY CLEAR that he could not and would not comment on the case. And he DID NOT. The closest he came was to remind posters that Cindy & George were Caylee’s grandparents and request that they be remembered in prayer. The main gist of his posts were about his and his wife’s love of riding their motorcycles cross-country.
Just keepin’ it real.
Look on the SA side of the courtroom, Richard. WTH do you see fighting for justice for Caylee? I see LDB, JA and FG. Early on, Yuri & John Allen when they could show up. Caylee never knew a darn one of them either. Incredibly sad.
Channel 13 reported a News Conference
Well this is the best news, finally an attorney that will circumvent any appeal!
What say you Hornsby?
The smell of the green must be tempting the Devil himself…lmao
Give the child killer her due, give her the best defense ‘due process’!
The clock continues to tick…closer to Justice!!!
My concern is finding the “outsourced” Jury that will commit to the sequester, considering Judge P just heard excuses from locals on why they could not serve.
I think this might well be a concern for Judge Perry. I believe Cheney Mason wants to put the Florida Sunshine laws on trial.
He said at the last status hearing (paraphrasing) he wanted it on record that the defense did NOT agree change of venue was the only remedy for highly publicised cases.
But ya got to hand it to Baez, the guy can command well attended press conferences AND get a slot on the crazy JVM show even when he has sweet FA to say.
Now why hasn’t Jose Baez contacted you Richard? Would you jump on the hayride if he did?
Oh, we got new pro bonos… What’s up with that?
Who in their right mind signs up without cash in hand… Or why????
oh! my brain hurts……”.it’ll have to …(fill in the blank) you know”
“Psychologist” Spending More Time With Casey Anthony In Jail
Friday, September 17, 2010
By Express
http://www.cayleedaily.com/2010/09/psychologist-spending-more-time-with-casey-in-jail/
*************
Mr. Hornsby
Do you believe the defense is thinkg to use the “ugly coping” to save KC’s skin? Is it possible they want to explain KC’s 31 days behavior?