Legal Questions

New Posts

I have to wonder,on the part that says."could defame the Billings good name" on the paperwork filed by Ashleys lawyers,what could be on there that could defame their good name?
 
CountryGirl said:
http://pnj.com/article/20090813/NEWS01/90813020

I can understand Ashley not wanting this released to the public, but doesn't the defense have a right to this? I don't know Florida law, but if the prosecution uses it, the defense has a right to have it. Correct?

I would think these tapes are vital to the prosecution.
Click to expand...

Totally agree. I would understand if the tapes and photos are kept from the public, but NOT if it means excluding them totally from the trial. If the tapes and photos ARE excluded from the trial, I will be VERY disappointed in the Markhams. The first priority should be the successful prosecution of the case.

The Markham's have already done one thing which surprised me. They allowed their new lawyer Beasley to make, what I consider a very odd comment:

On Friday, an attorney for the Billings family cast doubt on Tice's possible involvement in the murder case. "He thought the world of Melanie. She was a saintly person. He really had a true affection for her," attorney Robert Beasley said. "It would be difficult to believe that Cab would be involved with her getting hurt."

http://www.pnj.com/apps/pbcs.dll/article?AID=/20090808/NEWS01/908080329&template=printart

Now why would Beasley make a comment like that??????????? Shouldn't he allow the Morgan and Eddins to do their jobs without interference?

If the tapes and photos are excluded from the trial, I will begin to wonder about the Markham's/Beasley's intentions...
 
Can they ask for the tapes to be held from the defendants and then enter them at a later date and allow the defendants access?

Eddins says it will probably be a year before this gets going anyways.

I understand the tapes become public property when the defense gets them. Can they rule they can't allow the public to have them under the circumstances? I know I wouldn't want the entire country to watch my folks get executed on youtube.

Another thing. It's possible the defense knows they don't need the tapes. The defendants have already started pointing fingers at each other and admitted they were there. Do the tapes really help considering their identities are disguised?

Tapes or no tapes, there probably isn't a soul in Escambia County that isn't gonna convict this bunch anyways.
 
CountryGirl said:
Markham’s motion argues: “The only media or public interest in the information arises out of morbid exploitation by some members of the public and the sensationalism surrounding the criminal case.”
Click to expand...

That's ridiculous on the face of it.

So, in lesser publicized and less heinous crimes, the public's right to know is somehow legitimate and proper; but in this case, the public's interest is suddenly ONLY the morbid exploitation of the facts?

This totally fails the 'run it up the flag pole test', and I would guess was only filed due to insistence of Ashley.

I appreciate the *sentiment* that goes into the desire to file such a motion, but not in the actual filing or approval of it, which will surely fail.
 
Gene said:
Totally agree. I would understand if the tapes and photos are kept from the public, but NOT if it means excluding them totally from the trial. If the tapes and photos ARE excluded from the trial, I will be VERY disappointed in the Markhams. The first priority should be the successful prosecution of the case.

The Markham's have already done one thing which surprised me. They allowed their new lawyer Beasley to make, what I consider a very odd comment:

On Friday, an attorney for the Billings family cast doubt on Tice's possible involvement in the murder case. "He thought the world of Melanie. She was a saintly person. He really had a true affection for her," attorney Robert Beasley said. "It would be difficult to believe that Cab would be involved with her getting hurt."

http://www.pnj.com/apps/pbcs.dll/article?AID=/20090808/NEWS01/908080329&template=printart

Now why would Beasley make a comment like that??????????? Shouldn't he allow the Morgan and Eddins to do their jobs without interference?

If the tapes and photos are excluded from the trial, I will begin to wonder about the Markham's/Beasley's intentions...
Click to expand...

I agree with you.

But I wouldn't be surprised if Beasley thinks there is someone higher the food chain who needs to come down - perhaps he's playing a game with Tice, getting him on their side, so he'll talk - and become a witness for the prosecution, in exchange for implicating someone much bigger and perhaps...more responsible.

Just a guess.
 
Gene said:
The Markham's have already done one thing which surprised me. They allowed their new lawyer Beasley to make, what I consider a very odd comment:

On Friday, an attorney for the Billings family cast doubt on Tice's possible involvement in the murder case. "He thought the world of Melanie. She was a saintly person. He really had a true affection for her," attorney Robert Beasley said. "It would be difficult to believe that Cab would be involved with her getting hurt."

http://www.pnj.com/apps/pbcs.dll/article?AID=/20090808/NEWS01/908080329&template=printart

Now why would Beasley make a comment like that??????????? Shouldn't he allow the Morgan and Eddins to do their jobs without interference?
Click to expand...

Yes, several people have asked that also locally. It seems like such a strange thing to say indeed. Wasn't this same attorney the one alleging that Tice was possibly selling off cars behind Billings back out of the country? And if it was a bungled robbery as they were trying to put forth, it wouldn't matter if someone's intentions towards Melanie were wonderful. But if Beasley also believes it was a planned murder...a hit.

And how does everyone know (including the family's bussiness/real estate lawyer) that Tice was so attached to Melanie? Tice must have really been close to the family at one time, even if Beasely is getting this information from the daughter.
I don't understand ruling out anyone in such a bizarre case as this. But they do have much more information than I do.
 
megamami said:
Yes, several people have asked that also locally. It seems like such a strange thing to say indeed. Wasn't this same attorney the one alleging that Tice was possibly selling off cars behind Billings back out of the country? And if it was a bungled robbery as they were trying to put forth, it wouldn't matter if someone's intentions towards Melanie were wonderful. But if Beasley also believes it was a planned murder...a hit.

And how does everyone know (including the family's bussiness/real estate lawyer) that Tice was so attached to Melanie? Tice must have really been close to the family at one time, even if Beasely is getting this information from the daughter.
I don't understand ruling out anyone in such a bizarre case as this. But they do have much more information than I do.
Click to expand...

A good attorney knows when to speak and when to keep quiet. I was not really wild about the Markham's first choice in attorneys and now I am doubting their second choice.

Let's hope that this recent step does not completely eliminate the use of the photos and videos from the trial....
 
TigerTiger said:
Interesting post on Billings case by TX attorney following it -- Websleuths mentioned! -- and attry looks to give more than 2 word answers in the comments too

http://backseatlawyer.blogspot.com/2009/08/byrd-and-melanie-billings-murder-in.html
Click to expand...

Thanks for posting this, Tiger! Snipped from your link:

Where are the Billings "document dumps"?
Click to expand...

I love that he calls this a doc. dump, cuz that's what we call it here:) And, it seems there will be a doc. dump. on Monday:

Eddins said he will release other material in the case, including defendants' statements to law officers, on Monday. He called that material "voluminous."
Click to expand...

http://pnj.com/article/20090814/NEWS01/908140320/-1/special

If media doesn't get it to us, I'll be :furious:

I really don't understand how Sunshine works with how it is decided what will be released and when. We still haven't heard the 911 call.
 
I wonder what new things we'll learn tomorrow. Strange case.
 
daisy7 said:
I really don't understand how Sunshine works with how it is decided what will be released and when. We still haven't heard the 911 call.
Click to expand...
Just did a little research about the Sunshine Laws on the official site:
[ame="http://www.websleuths.com/forums/showpost.php?p=4051045&postcount=81"]Websleuths Crime Sleuthing Community - View Single Post - Media links **NO DISCUSSION**[/ame]
 
Billings Family Seeks To Keep Video From Being Made Public; Suspects Arraigned
August 14, 2009
The family of Byrd and Melanie Billings has asked a judge to rule that certain evidence, including security camera video footage of the execution style murders of Byrd and Melanie Billings, not be released to the public. That request came Thursday afternoon, just hours after the seven murder suspects all entered not guilty pleas to the crime.

“The only media or public interest in the information arises out of morbid exploitation by some members of the public and the sensationalism surrounding the criminal case,” Billings daughter Ashely Markham’s motion for a declaratory judgment said. The motion was filed in Escambia County Circuit Court last Wednesday afternoon.

The motion also argued that the documents and video would defame the Billings’ good name and place their nine adoptive children in danger. The motion states that at least one of the children appears in the video recordings from inside the home during the July 9 murders.

http://www.northescambia.com/?p=10139
Click to expand...
I'm blown away by this news.

I always thought it was odd that the Billings' family hired a lawyer to protect the reputation of the victims.

Now it's reported that a court motion argues that documents and the video would defame their good name.

Would, not could, not might, but would.

How on earth would the video defame their reputations?

If there are documents that would defame their good name, doesn't that mean that the name wasn't/isn't really good?
 
There was query on another thread about defamation but I believe JBean said such conversation should be on this thread so...In Louisiana, the crime of defamation of the dead is, in effect, a crime against the state, and the statute was not designed to protect an individual's interest in preserving the memory of a deceased person. The State Supreme Court held this view when the family of a murdered man sued a TV station over reporting it was believed the man's murder was due to gambling debts and ties to organized crime. Generally, this whole issue in Louisiana is referred to basically as "you can't defame the dead." So, it will be interesting to see how the courts in Florida rule....I would think the sunshine laws would prevail over "preservation of the good name". Now, the judge might find some other reason to withhold that evidence in camera...or gag orders might be issued.....so it's going to be interesting to watch.
The one thing that seems to be certain there is more going on here than has been revealed so far.
 
Nope. Not about gossip. It's about a newspaper article.

It's about how the family hired a lawyer to protect the reputations of the Billings.

It's about the lawyer filing a motion to keep evidence from becoming public to protect the good name of the Billingses.

I personally find that to be very, very strange. And I want to know about the evidence.

I want to know how the home security videos from that day would harm their reputations!

That's weird. What on earth did the Billingses do in those videos that would harm their reputations?

What about the documents the lawyer wants kept private? How are those documents going to defame their good name?

The judge is holding the decision for the judge assigned to the case. I hope the new judge doesn't rule to keep this evidence private!

I wouldn't be asking these questions if the laywer hadn't filed the motion.

Can we get a copy of the motion? It's public isn't it? Or is the motion to be kept from the public too?
 
Would the images on the tapes that are being suppressed for fear of defamation to the Billings family be discussed in the hearing that was held late Friday, or would it be just general argument for suppression among attorneys and judge?
 
Miss Muffet said:
Nope. Not about gossip. It's about a newspaper article.

It's about how the family hired a lawyer to protect the reputations of the Billings.

It's about the lawyer filing a motion to keep evidence from becoming public to protect the good name of the Billingses.

I personally find that to be very, very strange. And I want to know about the evidence.

I want to know how the home security videos from that day would harm their reputations!

That's weird. What on earth did the Billingses do in those videos that would harm their reputations?

What about the documents the lawyer wants kept private? How are those documents going to defame their good name?

The judge is holding the decision for the judge assigned to the case. I hope the new judge doesn't rule to keep this evidence public!

I wouldn't be asking these questions if the laywer hadn't filed the motion.

Can we get a copy of the motion? It's public isn't it? Or is the motion to be kept from the public too?
Click to expand...

Like I said this is being discussed in another thread already and will now merge the thread.
The gossip part is the stripper posts which I have now removed.
 
I personally don't believe that strip club owners hold a high standing in society. And I don't think the societal standing of strip club owners is subjective except within select societal fringe groups. Byrd owned a strip club. That's a fact. Not gossip. So I agree that there really is no need to further delve into any gossip about stripping when the 'good name' is already questionable by the mere ownership of a strip club.

I think the motion itself does more harm to the reputations of the Billingses.

If there is evidence that will defame the Billingses, then how can there be a good name to protect?

Is it possible to find the motion or is the motion itself supressed from the public too?
 
Is thiis a stupid question ... The state of Florida has probably all the evidence it needs to convict the people arrested for the crime.

It seems to me that there is a lot more going on here in these peoples lives.

Things that IRS, ATF, DEA, FBI, would be more interested in. I strongly suspect they are involved/investigating all ready. At least I would hope so?

Unless some entity does a private investigation we might never know much more than we do now.

Escambia County does not have the need willingness or the cash and resources to carry this to investigate all the allegations.

Ok enough rambling,

Who agrees that all we will ever see prosecuted is the murder robbery of BB and MB? The rest will just go away quietly ? right?
 
Dannybye said:
Is thiis a stupid question ... The state of Florida has probably all the evidence it needs to convict the people arrested for the crime.

It seems to me that there is a lot more going on here in these peoples lives.

Things that IRS, ATF, DEA, FBI, would be more interested in. I strongly suspect they are involved/investigating all ready. At least I would hope so?

Unless some entity does a private investigation we might never know much more than we do now.

Escambia County does not have the need willingness or the cash and resources to carry this to investigate all the allegations.

Ok enough rambling,

Who agrees that all we will ever see prosecuted is the murder robbery of BB and MB? The rest will just go away quietly ? right?
Click to expand...

There is so much more going on here IMO And there are a lot of people who have given so many hours of their own time to help with this case and who have already found mountains of manure and are making sure the stink that is emanating from the corruption is not just perfumed over.Even the Sheriff said by the time this is over there may be 2 to 3 times the amount of people who are already behind bars......Just Saying:rolleyes:
 
You must log in or register to reply here.

DNASolves

Who is Escambia County John Doe (1989)?

Members online

... and 174 more.
Total: 3,780 (members: 175, guests: 3,605)

Online statistics

Members online
175
Guests online
3,605
Total visitors
3,780
Totals may include hidden visitors.

Forum statistics

Threads
592,533
Messages
17,970,518
Members
228,798
Latest member
Sassyfox
Back
Top