2008.01.08 Court Hearings Discussion

[Patty G]

January 8, 2009
Motions Hearing


Recorded Off Of HLN.
There are 14 parts to the videos. It will take sometime to get them all uploaded so check back from time to time.

Motions Hearing 14 Parts

Bumping Me! :woohoo:

 

[LinasK]

That means the A's do not have custody which could mean why there has been no funeral yet - JB has to release the remains for the funeral

That's a conflict of interest. Why wasn't a Guardian Ad Litem appointed for Caylee's remains, as was done in the case of Anna Nicole Smith????

 

[snowbun]

I too heard him say he had 'received responsibility' for Caylee's remains or something along those lines. I wondered what he meant. Isn't that sort of a conflict of interests? Since he's defending the person accused of murdering Caylee?

That's what ran through my mind, too. How did he receive the responsibility?

 

[Linda7NJ]

Bumping Me! :woohoo:

You wouldn't just so happen to remember approximately what part contains the conversation of duct tape & finger prints would you? That's the part I missed...and a little after that.

 

[cajun]

Here's one screenshot for those that haven't gone through other thread

 

[Linda7NJ]

That's what ran through my mind, too. How did he receive the responsibility?

Casey had to of given it to him.

 

[Katana]

So there were two or was it three motions not granted - one, the fingerprints - didn't the State say that the FBI had them? that includes the duct tape and bags?

Also maps of the search areas? State doesn't have those?

Also the TES volunteer names

OH and JB never went to LE to copy the desk map and he requested the State to do it for him again?

How many of these motions are repeats???

Motion to compel maps, photos and reports of all locations searched by law enforcement for Caylee Marie Anthony

Motion to compel unedited 911 calls made by Roy Kronk and any reports related to calls

Motion to compel unedited telephone calls made by Roy Kronk to Crimeline and any reports related to calls

Motion to compel release of video visitations of George and Cindy Anthony on August 14, 2008

Motion to compel release of investigative interviews of George, Cindy and Lee Anthony

Motion to compel DNA reports for George, Cindy and Lee Anthony

Motion to compel fingerprint report for George, Cindy and Lee Anthony

Demand for discovery and inspection relating digital forensic evidence obtained from Ricardo Morales

Application for subpeona duces tecum, for Texas EquuSearch's all records related to searches for Caylee Marie Anthony

Motion to produce crime scene reports on car including photos (repeat)

Motion to compel timeline, communications and related notes of law enforcement's interview with Anthony Lazzaro (repeat)

Motion to compel investigative reports on Zenaida Gonzalez (repeat)

Motion to produce hair for inspection and testing all related notes and reports (repeat)

Motion to inspect photographic evidence and all items seized at crime scene (repeat)

Motion to compel any and all polygraphs which the defense has previously requested and been awarded (repeat)

 

[trafficsUP66]

Not really. The prosecution requested that she be there and the judge ordered KC brought in. It took about 35/40 minutes or so. No one not even JB knew this was going to happen.

Early on during the hearing the judge admitted to being "lax" in this issue. She had either not physically signed waiver's to NOt appear or those were filed on the day of rather than in advance.

 

[SuziQ]

That's a conflict of interest. Why wasn't a Guardian Ad Litem appointed for Caylee's remains, as was done in the case of Anna Nicole Smith????

IIRC, Anna's daughter was appointed a guardian, not Anna's remains.

 

[joyceandjay]

Thanks Patty G!!

 

[SeriouslySearching]

Ditto and how many hearings of these have we sat throught where we heard the same things....we don't have it...not in our control....feel free to come in and copy.....Baez wants everything done for him. And he didn't even stand at least one time while speaking to the judge. That is law101. Geeze.

Do they teach a class on how to escape doing their jobs by using the prosecution's hard work instead? If I were the SA's Office...I would ask the judge to make him pay for those tips he never picked up!

 

[impatientredhead]

That's what ran through my mind, too. How did he receive the responsibility?

Casey is the next of kin, she releases her rights to the person of her choosing. I am not getting the conflict. It is horrifying on a moral level, but legally she is within her rights. She could have refused a 2nd, autopsy, she could have released the remains to the funeral home with cremation instructions, etc....

Cindy and George could try fighting it if they chose to, but that would just hold things up even longer. MOO

 

[Lanie]

I've copied and pasted, with my comments in red. Thanks, DotsEyes.

Originally Posted by DotsEyes [URL="http://www.websleuths.com/forums/images/buttons/viewpost.gif"]http://www.websleuths.com/forums/ima...s/viewpost.gif[/URL]
Motions to Compel:

Kronks unedited 911, etc., calls. Granted.
Crime scene photos. Granted - 10 days to produce.
With restrictions. State is supposed to sort through these and decide what photos they want the restrictions on.
Items from crime scene. Granted. 30 days to produce.
According to state, ME just recently released some of these items.
Investigation reports on all ZG's. Denied. State produces all they have.
Baez was also told he was more than free to do depositions on any of these ZG's he was interested in. This seemed to be a recurring theme.
DNA reports on GA,CA,LA. Granted. 30 days to produce.
Supposedly, FBI currently has the buccal swabs.
Fingerprints of GA,CA, LA. Denied without prejudice. FBI or Sheriff has them.
Timeline caendar of LE with AL. Granted. 15 days to produce.
This seems to have been brought up before. State says they can't make copy, as it is too big, and defense was supposed to come look at it and take notes or find some way to get the info from it they wanted. Baez agreed to go and take pics of it. Baez could also depose AL.
Hair for testing and all reports. Granted. 20 days to produce. No destructive testing.
State says FBI still has this.
Maps of LE searches. Granted. State has 10 days to look for them.
There was some conversation on this. State said motion asked for maps of every search conducted, and felt defense actually wanted info on the previous searches done on the area remains were subsequently found at. Baez agreed that was what he wanted. State said they also wanted this info, and they would get it, and share it with defense. Since all were agreeable, this motion was granted.
Release of 8/14 video visit of CA and GA. Granted. 10 days to produce.
Defense stated this was not released to them with the other visitation videos, and also not released to the media. State claimed it should have been, and said they would look into it and get it released.
Release of LE interviews with GA,CA,LA made after 7/16 and before 7/30. Granted.
There was some question on where and when these interviews took place. Baez claims references were made to them in visitations with Casey by family, and family told Baez they were conducted in interview room settings. It seemed (to me) undetermined if they were video/audio taped, and State was going to look into it.
Subpoena duces tecum to TES. No action taken.
State argued TES was private entity, Baez argued since they worked closely with LE and were given money by LE, they were working for the state. It was decided for Baez to simply ask Tim Miller for them, and if unsuccessful, to try and get a subpoena. It was brought up by the state defense seemed to be asking for personal info about the individual searchers, and state didn't think they were entitled to that info.
Crime scene photos and reports from car. Granted. 30 days to produce.
I got the impression defense had the photos from the car, and what they wanted was the reports by the techs. State said techs were not required to do reports, but they usually did as a matter of courtesy. State said reports were finished and waiting on approval from a supervisor when the remains were found, and additional information was now being added to the reports. State said they could try to get the reports handed over as incomplete, or Baez could do depositions on the techs, and ask for the reports himself. I can't remember what was decided on this one.
Search warrant affidavits of 12/11 and 12/20. Granted. 10 days to produce.
Polygraph results.Deferred pending memos of law as to discoverability.
Defense has been offered a list of persons who took polygraphs. Baez says that does him no good. It was debated on whether defense was entitled to the Q&A of the polygraphs.

It was also pointed out on the items obtained/produced from the discovery of remains, it has not even been 30 days yet. My impression was these things would be naturally turned over in a reasonable time frame, and Baez was jumping the gun on filing motions over them so soon.

All this is just my interpretation of what I watched.
Lanie

 

[SailorMoon]

That's what ran through my mind, too. How did he receive the responsibility?

Knowing him and his use (or misuse) of the english language, its probably along the same lines of "give me my distance". I don't know how he would get responsibility though.

And repeating myself from the previous thread....I still cannot believe that George & Cindy didn't show...no matter what they may or may not have been told. I can't believe they didn't show just to get a glimpse. That blows me away.

 

[Broderick]

Here's one screenshot for those that haven't gone through other thread

Here is an interesting pic imo. At least the angle is.

 

[trafficsUP66]

That's a conflict of interest. Why wasn't a Guardian Ad Litem appointed for Caylee's remains, as was done in the case of Anna Nicole Smith????

???

Instead it has been left to the SA to protect Caylee's rights AND her remains.

WTH?

 

[MADJGNLAW]

What are everyone's thoughts on the perp when talk of the duct tape, bags, and family dna and fingerprints were mentioned?

Casey had a big smile and smirk on her face! :furious: I can't believe it.
Did you catch Baez tell the judge he wanted his expert to process the Anthony's DNA, finger prints, and swabs? :waits:
They are not allowed to process anything that would permanently alter the state of the evidence. If there is enough material left to be tested they can.

BC, representing the Anthony's. He also stated that they did not want the video/Cd's/Photos or other of the autopsy or crime scene shown to anyone other than the MA's, defense or SA. When the SA was arguing the motion, you could see that the Judge had a hunch that Baez is planing on selling these pictures. How sad. I am glad they did put some restriction's.
Server idea was a good one to, now they can keep track of all that access the discovery...
I also noticed when the judge asked Baez who would see the discovery he started naming some names, stuttered a little and ended with OTHER AS WELL WILL SEE THE PICTURES/VIDEO/CD'S/ AUTOPSY, I would let you know at THAT TIME.... Wish there was a transcript of today's hearing.

 

[snowbun]

Casey had to of given it to him.

Wow...I didn't know the accused murderer had a right to do that over the rights of an innocent victim (Caylee) even if they are related. Like LinasK said what about a guardian ad litem?

 

[cajun]

That's what ran through my mind, too. How did he receive the responsibility?

All she had to do was give Jose power of attorney.

 

[21merc7]

Do they teach a class on how to escape doing their jobs by using the prosecution's hard work instead? If I were the SA's Office...I would ask the judge to make him pay for those tips he never picked up!

Well, since JB is "retained", he is supposed to pay for these things. He is jumping the gun a bit, some of the things he asked for are not yet completed by the State experts, Feds, and whomever else are involved. He will recieve them in due time, just through the Discovery process. Just not right this minute. He still has to pay for all copies, unless he has managed to get a "Court appointed" status in some way.

Adding, I have never seen Motion to Compel used in a murder trial, just the Discovery Motions. Maybe things are titled differently in FL. Or maybe JB is a newbie and tries to cover all areas of law. Just a thought.