2009.05.28 Motions Hearing

[shotzie]

Since I live in CALIF..I missed the circus today..is there anywhere I can see it totally? Thank you for any help.

 

[LancelotLink]

Since I live in CALIF..I missed the circus today..is there anywhere I can see it totally? Thank you for any help.

I'm watching it now on Wftv.com

 

[beach]

Has anyone got an "instant replay" link yet? I missed about half of the hearing and would LOVE to watch it in its entirety.

Here is my thoughts on the violation of her medical privacy rights, some of which I was able to watch-when we go to the doctors office, we sit in a waiting room, correct? Many times, more often than not these days, there is a television in said waiting room, to entertain us as we wait. Now, our HIPPA privacy rights do not extend to the waiting room, as far as them calling out our name, and how we ACT while we are sitting there waiting. How is it different in jail? Casey was "in the waiting room" in the medical facility. She was not being administered care or treatment. She was sitting in the waiting room as we all do as we await our private time with the doctor/nurse. How is that time protected? I don't believe it is.

Great analogy! :clap:

 

[Patty G]

Patty, thanks 4 all Ur hard work. . .and just consider this from the ignoramus.
But, what's wrong with writing about pens & paper? That part i just
don't get, though I can understand not emphasizing personal appearance, etc.

Could U please humor me & explain what's probably a real important thing
to know? Thanks again.

The thread is about the Motions Hearing regarding the video, phone records etc. The hearing has no motions up for discussion in the court docket regarding paper, pens, shirts, ties, smiles, back ends, waves, parents, etc., etc. :blowkiss:

 

[TotallyObsessed]

Basically, I think this is another way, as another poster said, for JB to delegate his work, and to now share the cost of his work with the taxpayers of Florida (should the SA or Jail Atty. have to cost share a special master)

Well think of the implications of having a third party look through TONS of phone records produced from each party - then have to pick and choose what HE/SHE deemed relevant (ummm...what kind of room for error does that leave?) then he/she would have to confer with each party as to whether or not they agreed that the numbers he/she chose were, indeed, relevant, and this could go on ad infinitum.

 

[Nana46]

What I enjoy (well enjoy is not a good word but bear with me) about all this is at the end of her little foray into and out of the courtroom, she gets to go back to her dreary little cell and we all get the joy of being out in the world enjoying life. It gives me a little peace of mind knowing she is punished in some way.

 

[Just Jayla]

Has anyone got an "instant replay" link yet? I missed about half of the hearing and would LOVE to watch it in its entirety.

Here is my thoughts on the violation of her medical privacy rights, some of which I was able to watch-when we go to the doctors office, we sit in a waiting room, correct? Many times, more often than not these days, there is a television in said waiting room, to entertain us as we wait. Now, our HIPPA privacy rights do not extend to the waiting room, as far as them calling out our name, and how we ACT while we are sitting there waiting. How is it different in jail? Casey was "in the waiting room" in the medical facility. She was not being administered care or treatment. She was sitting in the waiting room as we all do as we await our private time with the doctor/nurse. How is that time protected? I don't believe it is.

Part of my company is involved in Medical Billing, so we have to be versed in HIPAA regulations-The way I read HIPAA, is that included individuals have a right to privacy as far as their medical records/procedures being released.....If there is a videotape monitoring of KC outside an "exam" room ("exam room" could be many places, including your own bedroom if the doctor is making a house call), where there has not yet been any consent to treatment by KC with a doctor, and especially with no audio, no visible access to medical records, and no procedures being performed by a physician on camera, I don't see a violation of her medical record privacy. For example, as another poster mentioned, a waiting room is not typically a place where doctors treat their patients, or keep/store medical information.

No medical record information about KC was released through this tape, or through corrections officers. KC was merely brought to the area in the event that she reacted badly to what she was certainly going to hear on one or more of the jail TVs and her radio. THE JAIL DID THIS FOR HER SAFETY!

ETA: I think the all-be-it brief examination and administration of sedative by the physician would be considered HIPAA covered treatment, so perhaps this portion cannot be released.

 

[TotallyObsessed]

The judge reluctantly added at the end that he could actually do it himself in camera and JB jokingly asked if it would be free. Strickland agreed that it would be.

O.M.G....I missed that comment

 

[sunsetbeach]

Yes, Today, I got the strangest vibe from those close-ups

Very, very Scary

I'm on part 2 of the videos on WFTV ... did this happen towards the end (with the eyes)?

 

[Spangle]

So true! In fact, I am surprised that the judge didn't just go ahead and grant the defendant's motion today to refuse public release. The SA said they had no problem with sealing it except that they were required by the Sunshine law to release it. Basically saying that all they needed was someone to either say release it or don't.

Since nobody was there to argue for releasing it, why did the judge continue the motion? I think the judge told Baez he could have the phone records he wanted for the people who didn't have an attorney arguing against it today.

Don't get me wrong- I'd really like to see the tape. I just don't understand why there wasn't a ruling today since the SA said they had no problem with it being sealed.

Because of the intent of the sunshine law. IT's for the people to be able to 'see' what is going on. To keep things from being hidden from them. The SA isn't 'the people'. The media will be representing "the people's' right to know.

I bet anyone could take a lawyer in there and argue their right to see it. Officially done correctly, of course. I just expect that the Judge thinks only the media would send lawyers in to argue the point.

 

[Just Jayla]

I'm on part 2 of the videos on WFTV ... did this happen towards the end (with the eyes)?

Sorry to be a pooty, but I think the mods want us to not comment about KC's gestures/appearance on this thread, there may be something in the Parking Lot on this...

 

[Spangle]

Has anyone got an "instant replay" link yet? I missed about half of the hearing and would LOVE to watch it in its entirety.

Here is my thoughts on the violation of her medical privacy rights, some of which I was able to watch-when we go to the doctors office, we sit in a waiting room, correct? Many times, more often than not these days, there is a television in said waiting room, to entertain us as we wait. Now, our HIPPA privacy rights do not extend to the waiting room, as far as them calling out our name, and how we ACT while we are sitting there waiting. How is it different in jail? Casey was "in the waiting room" in the medical facility. She was not being administered care or treatment. She was sitting in the waiting room as we all do as we await our private time with the doctor/nurse. How is that time protected? I don't believe it is.

Normally it doesn't. However, if the waiting room was for a specialty area, then a persons presents in that room might tell a bit about their medical condition. In such a situation, it could be argued. Like if she was prego and was setting in a office for high risk pregos', one would say she was having problems with the prego. Such info wouldn't be reported or discussed by medical persons. Most media wouldn't touch it either.

However, as you said. This was a general medial waiting room. Just being in a medical area doesn't invoke the hippa rule. Other wise we wouldn't be allowed to see the kidnapping pictures of people stealing babys.. <wink> They were shot in a medical area.

This doesn't touch her hippa. And since they didn't argue anything but.. i don't see any reason not to release it.

 

[SailorMoon]

I mean this as not making fun of, or poking or snide remarks, but an honest truthful statement.....if you were the new atty and saw Jose in action, the inability to form a complete sentence with ums and uhs, the childish flirting with KC, I mean, how much would it be worth it to you to stay??? I don't know how Baden and her sat there and watched him bumble along. I'd have had a stroke. And them giving the county and judge that one big document at what 6pm last night.....are they serious??? I don't know if the fame and fortune would be enough for me to stay on board. I'm too inpatient.

 

[TotallyObsessed]

Part of my company is involved in Medical Billing, so we have to be versed in HIPAA regulations-The way I read HIPAA, is that included individuals have a right to privacy as far as their medical records/procedures being released.....If there is a videotape monitoring of KC outside an "exam" room ("exam room" could be many places, including your own bedroom if the doctor is making a house call), where there has not yet been any consent to treatment by KC with a doctor, and especially with no audio, no visible access to medical records, and no procedures being performed by a physician on camera, I don't see a violation of her medical record privacy. For example, as another poster mentioned, a waiting room is not typically a place where doctors treat their patients, or keep/store medical information.

No medical record information about KC was released through this tape, or through corrections officers. KC was merely brought to the area in the event that she reacted badly to what she was certainly going to hear on one or more of the jail TVs and her radio. THE JAIL DID THIS FOR HER SAFETY!

ETA: I think the all-be-it brief examination and administration of sedative by the physician would be considered HIPAA covered treatment, so perhaps this portion cannot be released.

Another thing that just occurred to me. Because of HIPPA doctors, nurses, medical personnel cannot discuss you or your treatment with anyone. So how is it, if Lt. Uncer and the other person saw/interacted with KC while she was "in" the medical facility - why are they being deposed about what happened???? It's private.....or is it? Can't have it both ways......

 

[Crabcake23]

• Evans - this is a cell phone case (cited case)
• FL supreme court noted numbers called / received is private through use of a PIN number - regardless if phone company has those records
• Cites another case
• all about witness protection of privacy
• Strickland reviewing
• Another case citation - presumptively protected from govt interception
• SA taking lots of notes
• KC reading something intently
• KC flips page - ignores Evans
• Evans - RK would not object to a specific subpeona covering discussions with State, defense, other witnesses
• Wants defense to provide a list of numbers & provide a case for why
• Personal info/#'s should NOT be allowed
• Strickland asks about time frame
• Evans - should not ness. be timeframe based - should be by number & have a case that people are connected to this case
• f/u argument - if timing, presumptive dates should be strictly related to case time frame
• Amy's lawyer up
• Adopts case law argument cited by Evans
• Request is too broad
• Nothing should go beyond date of KC's incarceration, as AH couldn't call KC anyway

Dang, you're good!!!

 

[Friday]

What are your reactions to JB's claim that during his deposition with Lt. Uncer, she denied making some of the comments about KC which appeared in her LE depos.

Also, IIRC, the male jail employee JB deposed was critical of what was done to KC that day.

Apologies for being so vague; I'm going back to re-listen to that part of JB's remarks today. :blowkiss:

 

[Spangle]

Part of my company is involved in Medical Billing, so we have to be versed in HIPAA regulations-The way I read HIPAA, is that included individuals have a right to privacy as far as their medical records/procedures being released.....If there is a videotape monitoring of KC outside an "exam" room ("exam room" could be many places, including your own bedroom if the doctor is making a house call), where there has not yet been any consent to treatment by KC with a doctor, and especially with no audio, no visible access to medical records, and no procedures being performed by a physician on camera, I don't see a violation of her medical record privacy. For example, as another poster mentioned, a waiting room is not typically a place where doctors treat their patients, or keep/store medical information.

No medical record information about KC was released through this tape, or through corrections officers. KC was merely brought to the area in the event that she reacted badly to what she was certainly going to hear on one or more of the jail TVs and her radio. THE JAIL DID THIS FOR HER SAFETY!

ETA: I think the all-be-it brief examination and administration of sedative by the physician would be considered HIPAA covered treatment, so perhaps this portion cannot be released.

If she asked for it in a public setting or where she knows cameras are rolling, etc.. it doesn't evoke Hippa. At that point, it is she who is releasing her own medical publicly. And at t his point, even her own lawyer has mentioned it. So it's makes it a mute point. No medical info to keep hidden. It's already released.

 

[The World According]

I don't believe it can be done either PH. That's an awful lot of attorneys to get to agree to one date - just like setting up a depo, and that would never happen in a week. Oh, I'm sure some attorney will be more than willing to jump on the Anthony Bus - for the "advertisement" value, if nothing else. That's exactly why all the other high profile people have jumped on. It truly does not matter if they are being paid....they know they will get theirs in the end.

She has a book about to be released. Can you imagine the timing of getting this international attention from the case coincidentally at the same time your book is released? I knew he was approaching various law professors and Florida DP lawyers, but this is priceless.

 

[ThoughtElf]

Dang, you're good!!!

I'm just grateful that you guys never bust me out about my typos.

 

[Bluebelle]

She has a book about to be released. Can you imagine the timing of getting this international attention from the case coincidentally at the same time your book is released? I knew he was approaching various law professors and Florida DP lawyers, but this is priceless.

One more person gaining financially from Caylee's murder.