2008.11.05 Pretrial Hearing

[DollyPardonMe]

You know what totally baffles me about the "not getting all the discovery" complaint. How do they KNOW it isn't all that the prosecution has?

That's why it's a phony complaint. If I gave a robber $20 because that was all the money I haed, how would he know about the $100 bill in my underwear?

Put your hands up, Gaia! I wanna go to Target!!

 

[TakeNote]

has anyone heard anything about what the reporter asked about some new discovery that is coming soon?? Thanks

 

[faefrost]

I think setting the check fraud is a fair decision in th einterests of justice. Even if KC is involved. The simplest reason being putting the check fraud trial before the murder limits the defenses options on the check fraud charges. They cannot put KC on the stand to face the check fraud charges because that would then be something that could be examined or admitted at the murder trial.

the judge made the right call on this one. Yes we all want KC to face justice. But we want it done the right way.

 

[4Siamese]

This might be stupid questions but....

If the murder trial gets delayed, will the fraud trial continue to get delayed as well, if they decide to do it after the murder trial? The murder trial could get delayed by Baez over and over again.

Also, I would think Amy should have some say as to whether the fraud case gets delayed. After all, it was her identity that was stolen.

 

[Nosey Parker]

OK lawyers - help me out here. If the financial case is heard after the murder trial, will that prevent all videos of her shopping and banking being shown in the murder trial, to show her uncaring behaviour after she herself said Caylee was missing? Can those videos be introduced in the murder trial even though she will not have been found guilty of the fraud?

 

[mydailyopinions]

OK lawyers - help me out here. If the financial case is heard after the murder trial, will that prevent all videos of her shopping and banking being shown in the murder trial, to show her uncaring behaviour after she herself said Caylee was missing? Can those videos be introduced in the murder trial even though she will not have been found guilty of the fraud?

I would like to know too!

 

[impatientredhead]

The economic charges most likely won't be pursued if they get a conviction on the murder charges. No reason to as it won't greatly impact sentencing and the trial for the economic charges will cost the state of Fl a good bit of money for no real effect.

By themselves the check charges would probably be satisfied with time served by the time they finally got her to trial.

 

[impatientredhead]

OK lawyers - help me out here. If the financial case is heard after the murder trial, will that prevent all videos of her shopping and banking being shown in the murder trial, to show her uncaring behaviour after she herself said Caylee was missing? Can those videos be introduced in the murder trial even though she will not have been found guilty of the fraud?

They couldn't say that she was stealing in them as that has not have been proven at that point. By themselves just as a video I am not sure what they would contribute to state of mind that wouldn't already be known. If you don't report your kid missing and you aren't looking for her for 31 days, what does evidence of grocery shopping contribute? I very well may be missing something, but without context to the video clips I don't think they are all that earth shattering.

 

[Marina2]

This might be stupid questions but....

If the murder trial gets delayed, will the fraud trial continue to get delayed as well, if they decide to do it after the murder trial? The murder trial could get delayed by Baez over and over again.

Also, I would think Amy should have some say as to whether the fraud case gets delayed. After all, it was her identity that was stolen.

My understanding of the judge's ruling is that he allowed the continuance of the fraud charges but has not made the decision as to whether he will allow the fraud charges to be delayed until after the murder trial. He did concede that it may be in the best interest of judicial economy to delay until after the murder trial because it may become a moot point if she is convicted of murder. He said he will think about it and rule at a later time. The prosecution did not object to the continuance but did object to it rolling along with the murder trial.

 

[Chilly Willy]

The economic charges most likely won't be pursued if they get a conviction on the murder charges. No reason to as it won't greatly impact sentencing and the trial for the economic charges will cost the state of Fl a good bit of money for no real effect.

By themselves the check charges would probably be satisfied with time served by the time they finally got her to trial.

If found guilty on the theft charges, Casey will be ordered to pay restitution. The victims have the right to recoup their losses.

 

[Nosey Parker]

They couldn't say that she was stealing in them as that has not have been proven at that point. By themselves just as a video I am not sure what they would contribute to state of mind that wouldn't already be known. If you don't report your kid missing and you aren't looking for her for 31 days, what does evidence of grocery shopping contribute? I very well may be missing something, but without context to the video clips I don't think they are all that earth shattering.

I was thinking they might prove valuable in helping to establish a time line, in that KC was obviously not purchasing items required to care for a 2+ year old child. No?

 

[impatientredhead]

If found guilty on the theft charges, Casey will be ordered to pay restitution. The victims have the right to recoup their losses.

They will not go to trial just for that purpose. We are talking less a thousand dollars. The victims have been reimbursed by the bank, and the bank will spend almost that much money dealing with testimony/employee time.

 

[impatientredhead]

I was thinking they might prove valuable in helping to establish a time line, in that KC was obviously not purchasing items required to care for a 2+ year old child. No?

Possibly, but just playing devil's advocate, you show four video tapes in which she doesn't buy anything for Caylee and show receipts that bare out the same, that does not mean she didn't buy something for her at another time? You don't want to enter anything that allows for an sidetrip of unneeded questions. They will want to focus on what proves their case, which in this case will be forensics and the friends who were around her that can attest to her state of mind. Time line is pretty well established without shopping trips in July. JMO

 

[Nosey Parker]

Possibly, but just playing devil's advocate, you show four video tapes in which she doesn't buy anything for Caylee and show receipts that bare out the same, that does not mean she didn't buy something for her at another time? You don't want to enter anything that allows for an sidetrip of unneeded questions. They will want to focus on what proves their case, which in this case will be forensics and the friends who were around her that can attest to her state of mind. Time line is pretty well established without shopping trips in July. JMO

I see your point. :clap:

 

[Indianagirl]

Possibly, but just playing devil's advocate, you show four video tapes in which she doesn't buy anything for Caylee and show receipts that bare out the same, that does not mean she didn't buy something for her at another time? You don't want to enter anything that allows for an sidetrip of unneeded questions. They will want to focus on what proves their case, which in this case will be forensics and the friends who were around her that can attest to her state of mind. Time line is pretty well established without shopping trips in July. JMO

Not to mention, why would she be buying stuff for Caylee? Remember, Zani had already kidnapped her by then

 

[Tuba]

Yes, 4Siamese. The victim's rights should be considered and your objection is the same as mine. KC emptied out Amy's bank acc't as well as stealing her identity. Amy wants to see justice done in a timely manner. JB's best argument today was that the grand theft and fraud occurred after the GJ indictment crimes. But he also made a statement that, though true, rocked me. He said, depending on the outcome of the 7 counts charged in the true bill, the theft and fraud may be moot. Ominous, coming from the defense.

He made clear that he knows there are items missing in the discovery handed over because what he WAS given makes reference to them. I don't think it was a phony demand and it is not uncommon that great pressure is applied before full compliance by the prosecution on matters of discovery.

 

[Chilly Willy]

They will not go to trial just for that purpose. We are talking less a thousand dollars. The victims have been reimbursed by the bank, and the bank will spend almost that much money dealing with testimony/employee time.

I don't expect there to be a trial over the financial charges if Casey is found guilty on the murder charge. I think she'll change her plea to guilty, she'll have nothing more to lose.

 

[impatientredhead]

I don't expect there to be a trial over the financial charges if Casey is found guilty on the murder charge. I think she'll change her plea to guilty, she'll have nothing more to lose.

In that case I think you will see those charges disappear. Think about how many cases of multiple homicides that they only go forward with a handful and hold back some in case they end up with an aquittal. If they get a conviction they don't continue on with costly trials even though the family members of the deceased don't get the closure of them being convicted of killing their loved ones.

 

[kathyn2]

I don't understand that thinking by apparently the judge and others here that if she gets a murder conviction that they don't need to try the check fraud charges. No one ever knows what will happen in life. If KC stole checks and identity then she needs to be tried and convicted of that and also have it on her record. Maybe this murder conviction will be 2nd degree or something. The check and fraud could put her behind bars longer should she get a light sentence on her murder conviction.

 

[butwhatif?]

It makes sense to me to postpone the check fraud charges until after the murder trial. If KC is found guilty of murder and sentenced to death or LWOP, what sense is there in trying her for the check and credit card charges? The become a moot point, and waiting saves the cost of the trial.

Its a good move....dont know why he would do it from a defence pov, but this way if there is a mistrial or she is found not guilty then they have back up. They will have her behind bars one way or another....JMO