Legal Q&A for Rhornsby #2

[QB.]

Do you think if they fail at trying to get this check case delayed that there would be a guilty plea or is it in their best interest to fight it all the way to the end?

 

[rhornsby]

Do you think if they fail at trying to get this check case delayed that there would be a guilty plea or is it in their best interest to fight it all the way to the end?

Stay tuned for "Casey Anthony: Insufficient Funds (Part Deux)"

 

[rhornsby]

Okay, clearly not an attorney here, but personally know more than one well. If the defense had exhonorating evidence, they would turn in it immediately and Casey would be released and her case dropped, but LE would keep the file open. It's happened before, e.g. if the killer's DNA was found on Caylee, and it absolutely couldn't be Casey's DNA.

Casey Anthony could present a video of someone else kidnapping and killing Caylee and the State would not drop the charges until forced to by the court. Your assumptions are way too altruistic.

 

[QB.]

What about D. Casey , the PI. Do you think he will be successful in having whatever he knows about this case declared as privileged information or declared as work product and sealed?

In your opinion, based on what we know of the PI agreements and the overlap and gaps, are they work product?

 

[songline]

That is why I expect the defense to somehow admit that Casey's entire story was a lie from the very beginning - in opening statements perhaps.

Because to do so really takes the wind out of the State's case so to speak.

Mr. Hornsby.. Great point...but cant the state begin to dissect all her lies, and as a result, come up with "she is a perpetual habitual liar" and since everything does point to her it must be her? Maybe I am being to simplistic...but it sure paints a picture of her character.

I have said early on that she may be Bipolar.
Can the defense have her tested? and play a new card called "mental instability"

 

[BeanE]

Reminder that this is a Q&A thread.
some discussion of the Q&A is of course expected and welcome! but it becomes difficult to isolate the Q&A ;so consider this just a request to try and keep discussion to a mimimum unless it relates directly to a question or answer.

bump

Thank you, JBean!

 

[JBean]

Thanks beanE I was just about to post.


I am doing a bit more housekeeping but I don't know how else to say it.
Please try and keep this thread open for q&a. I don't want to make it no discussion, but we have to wade through so much that it is hard to find the questions and answers.
We are missing really good information.
We are all interested in what you have to say, just not on this thread and I mean that in the nicest way.


ETA: if your post was removed after I asked for extra discussion to stop ( any of the times I asked) then that is why it is gone.

 

[PaddieAB]

Mr Hornsby, your legal comments are very informative. Thank you for making the time for us.

I have a question I’m hoping you might answer. If - hypothetically only - Kronk was indeed involved in the planting of human remains and decided to come clean, thereby implicating others who were involved in some kind of plot to pin the murder of Caylee on Casey, how would that process play out? I’m sure it would begin with Kronk and his “pro bono” lawyer, but where would it go from there? The reason I wonder, again hypothetically, is that it would seem to me Kronk would require some sort of legal protection (and perhaps personal) which only the State could offer, yet it doesn’t seem to me the State would encourage any new information which exonerates the defendant, especially since Baez’s Bad Acts Motion already states the State/LE failed to investigate Kronk’s odd and unusual saga of discovery of the remains.

I am purely speculating, but I’m really not sure if the TRUTH matters any more.....

 

[Wudge]

(I caught up on some recommended reading this morning.)

Mr. Hornsby, in response to a question in the first Q&A thread, you informed this forum that you once lost a case, but the verdict was reversed on appeal -- see Servis v. State, 855 So. 2d 1190 (Fla. 5th DCA 2003).

http://scholar.google.com/scholar_case?hl=en&as_sdt=2002&case=11797518991820936628

Florida's Fifth District Court did, indeed, reverse the verdict -- pretty gold star for Richard's forehead -- and it remanded the case back for a new trial.

I'm a little curious as to what took place after remand, but I'm incredibly curious to understand why the trial Judge did not, at a minimum, reign in the prosecutor when objection after objection was almost assuredly pouring down on this Judge during the prosecution's closing argument.

(Ok. I lied. ... Mr. Hornsby did not recommend reading 'Servis'. However, he should have recommended reading it. Because members here often have questions as to what prosecutors are permitted to do in closing argument, and 'Sevis' offers excellent insight in that regard.)

 

[rhornsby]

(I caught up on some recommended reading this morning.)

Mr. Hornsby, in response to a question in the first Q&A thread, you informed this forum that you once lost a case, but the verdict was reversed on appeal -- see Servis v. State, 855 So. 2d 1190 (Fla. 5th DCA 2003).

http://scholar.google.com/scholar_case?hl=en&as_sdt=2002&case=11797518991820936628

Florida's Fifth District Court did, indeed, reverse the verdict -- pretty gold star for Richard's forehead -- and it remanded the case back for a new trial.

I'm a little curious as to what took place after remand, but I'm incredibly curious to understand why the trial Judge did not, at a minimum, reign in the prosecutor when objection after objection was almost assuredly pouring down on this Judge during the prosecution's closing argument.

(Ok. I lied. ... Mr. Hornsby did not recommend reading 'Servis'. However, he should have recommended reading it. Because members here often have questions as to what prosecutors are permitted to do in closing argument, and 'Sevis' offers excellent insight in that regard.)

Well, as you can see, Mr. Servis' had a favorable case and by the time the case came back for trial, he has served about two years in prison. Not to mention the family of the victim had received a substantial insurance settlement... So we worked out a sentence to time served.

Why didn't the judge reign in the prosecutor - well let's not forget most trial judges are former prosecutors. So I will let you take a guess.

However, this particular judge was one of my favorite judges because he was very efficient and no-nonsense to both sides. In this case he was no-nonsense to me.

But in the end, I think justice was served for everyone.

 

[rhornsby]

Mr Hornsby, your legal comments are very informative. Thank you for making the time for us.

I have a question I’m hoping you might answer. If - hypothetically only - Kronk was indeed involved in the planting of human remains and decided to come clean, thereby implicating others who were involved in some kind of plot to pin the murder of Caylee on Casey, how would that process play out? I’m sure it would begin with Kronk and his “pro bono” lawyer, but where would it go from there? The reason I wonder, again hypothetically, is that it would seem to me Kronk would require some sort of legal protection (and perhaps personal) which only the State could offer, yet it doesn’t seem to me the State would encourage any new information which exonerates the defendant, especially since Baez’s Bad Acts Motion already states the State/LE failed to investigate Kronk’s odd and unusual saga of discovery of the remains.

I am purely speculating, but I’m really not sure if the TRUTH matters any more.....

Pandora's Box comes to mind just reading your question, so I cannot even begin to answer.

 

[Wudge]

Well, as you can see, Mr. Servis' had a favorable case and by the time the case came back for trial, he has served about two years in prison. Not to mention the family of the victim had received a substantial insurance settlement... So we worked out a sentence to time served.

Why didn't the judge reign in the prosecutor - well let's not forget most trial judges are former prosecutors. So I will let you take a guess.

However, this particular judge was one of my favorite judges because he was very efficient and no-nonsense to both sides. In this case he was no-nonsense to me.

But in the end, I think justice was served for everyone.

"well let's not forget most trial judges are former prosecutors".

I suspected this might well be the reason, but I hate to assume most anything.


(Tip of my hat)

 

[Riley1833]

I have a few questions regarding Casey's incarceration that I hope someone can/will be able to answer.

1. her incomingmail - I understand that all her mail is opened and read by jail personnel understandably so. And I would think anything like a threat etc., would not be forwarded to her by jail personnel. My question is, if her mail is also read and perhaps censored by a member of the defense team and could they not allow her to read some mail?
2. her outgoing mail - is this also read by jail personnel? And would her defense team know who she is corresponding with?
3. - visits - is Casey or the defense team in charge of who would be allowed to visit her? If she said I want to see my (her) brother could the defense team stop the visitation?
4. - Since the defense is allowed to take a computer into the jail now, what is she allowed to see or do on the computer? Is there wireless available for the defense team to hook up with?
5. - How much TV is Casey allowed to watch daily and is what she watched censored?

TIA Riley

Perhaps I put these questions in the wrong thread?? Would someone please direct me as to where you think I should post this where perhaps someone can answer? TIA Riley

 

[Snaz]

Mr. Hornsby, let's assume for just a moment that KC is convicted of something, anything and is given Life, or even given a number of years WITH the possibility of parole. Would she be put into general population? She wouldn't receive any special protection, would she?

If this question has already been asked, I apologize, but there are way too many to go back through each of them....

Thanks in advance!

 

[PaddieAB]

Pandora's Box comes to mind just reading your question, so I cannot even begin to answer.

Thanks for your reply. Sort of what I thought, that would indeed be a Pandora's Box. Vested interests in every direction.

 

[believe09]

Mr. Hornsby, I am one of the confused regarding Dominic Casey's request to be protected at any point now or in the future from being deposed on his visit to the woods in November. Is it a stretch for his attorney to make the request or is it likely he will receive the relief he is looking for?

TIA...

 

[eaglemom]

I KNOW someone was waiting for RH's blog on this issue but it must have been back in the first thread - he is doing a 2 part series on KC's check fraud charges in relation to the murder charges.......

Article:
http://blog.richardhornsby.com/2009/12/02/casey-anthony-insufficient-funds/

 

[SURVIVING_INSANITY]

Dominick's lawyer filed a Motion to Strike Notice of Deposition and Motion for Protective Order

Mr. Hornsby, How can he get out of being depositioned by the State? He was not employed by Baez when he searched for Cayee on Suburban Drive. Where would be privilege?:banghead:

 

[JSR]

Dominick's lawyer filed a Motion to Strike Notice of Deposition and Motion for Protective Order

Mr. Hornsby, How can he get out of being depositioned by the State? He was not employed by Baez when he searched for Cayee on Suburban Drive. Where would be privilege?:banghead:

DC won't get out of being deposed. Unless he can prove he was improperly served etc. which will only delay the inevitable. He will at some point have to be deposed. Now the areas of which he might give evidence might have to ironed out by JS. But IMO he does not get blanket right to refuse any and all questions regarding this case since it is even under question if he was working for the defense at all or only the A family.

But these various issues will have to be addressed before JS but I have every faith DC will eventually have to answer questions under oath, and well before this case gets heard.

 

[BeanE]

Perhaps I put these questions in the wrong thread?? Would someone please direct me as to where you think I should post this where perhaps someone can answer? TIA Riley

The commissary threads discuss that info. Here's the most recent one:

Casey's Confinement, Visitors; Phone Calls; Commissary etc.#3

[ame="http://www.websleuths.com/forums/showthread.php?t=77298"]Casey's Confinement, Visitors; Phone Calls; Commissary etc.#3 - Websleuths Crime Sleuthing Community[/ame]

HTH