2009.05.28 Motions Hearing

[RR0004]

I was under the impression that this video was recorded before Baez got there and that it was NOT taken during a medical exam or in a medical exam room. So this video in no way would violate Casey's rights....If I am wrong please correct me. I am a little confused now because I am not clear as to the time of the video, it seems that there may be more to the video. Maybe part of the reaction of Casey in the waiting area and then the other part while in the clinic.
In the motion below it states it was taken in the medical facility and they are asking for 4 weeks to prepare, so I take it that next week will just be another continuance on the issue of the video.

Continuance Motion: http://www.wftv.com/pdf/19599941/detail.html

I have always thought that Baez' "objections" to this video was a bit overboard- as that old saying goes " he who protest too much"......

The primary issue regarding this video tape is that Casey reacted BEFORE knowing it was Caylee. She has a radio in her cell and I can only assume she heard about it there first--she also briefly watched when Padilla did his search and at first it was said something was "found", which later turned out to be nothing, and she had absolutely no reaction---BUT this time, before even knowing who or exactly what was found--Casey went off the deep end. This could have a major impact on the fact, or the argument that she KNEW it was Caylee because she put her there or had knowledge Caylee was placed there.....

I think Baez' incessant protesting to this video indicates that he also knew-I don't recall him rushing to Casey's side when Padilla did his search. ( again if I am wrong please correct me).

I would think that if Baez didn't have anything to hide, and Casey is as innocent as he proclaims wouldn't he want to use this tape to his advantage? Arguing that it shows that his client did in fact have an emotional response and isn't the cold hearted murder she is being portrayed as? However, "IMO" Baez knows most of the truth and he also knows that SA is going to bring up Padilla's search and Casey's non emotional response to that---, wasn't it said she thought it was funny? Baez called it ludicrous as well. So why the emotional response to this find from both attorney and client?

Sorry for not having read the motion, but how in the heck have they not had any time to prepare?! This has already been held over once. This tape has been spoken about for eons. Nice of JB for dragging this out FOREVER!!

 

[Chezhire]

Thanks, I really appreciate your answer.

I asked because it has me baffled. I've read her credentials and after watching the post-hearing interview, she sounded to be by far the most professional of the defense team. I'm a paralegal and have drafted pro hac vice motions and notices of appearance eons of times. Like you said, they are soooo basic. A notice of appearance takes less than 5 minutes to draft. That is why I was thinking maybe she hasn't totally committed to this team. I was thinking maybe Baez didn't want anyone to find out through the clerk's office the identity of the new DP atty, instead opting to make a grand introduction, like today. Except Lyons seems too bright to allow herself to be used in such a way. The manner in which the whole thing has been handled has me confused.

beach - I agree with you it's puzzling. AL seems to know how to handle a case of this magnitude, but then again, having said ability does not always equate with handling same in what I deem a professional and prepared manner. I do know attorneys who would think nothing of her appearing at the hearing and trying to speak without filing motions - but I don't think much of them in terms of a really intense, difficult case. Why? If they don't see the need for filing the most basic of motions, as it's beneath them or for some other odd rationale, then I rather doubt that they're the kind of lawyer who will really roll up their sleeves and do what I call the dirty, trench work, which can mean the difference between a guilty vs. not guilty verdict. It's true that one can delegate tasks to others. I've worked with some very fine paralegals who could run circles around more than a few attorneys I've known , but when a case comes down to the really nitty gritty details, one must be willing to grapple with it & absorb it oneself - and I've just never met or worked with/against an attorney who brushes over the basic filings who is really willing to do, and does, what I've described above.

 

[Searchfortruth]

I wonder if the media has any plans to try to get this video ? I haven't heard anything about it, I would think the Sentinel would have atleast written something about their plans since they were not in court yesterday ? Maybe I missed it ? I am curious as to why they were not there yesterday. Even though they received no notice, wasn't it made public that this hearing would be about the release of the video ?

 

[Dear Prudence]

Sorry for not having read the motion, but how in the heck have they not had any time to prepare?! This has already been held over once. This tape has been spoken about for eons. Nice of JB for dragging this out FOREVER!!

To me it is so strange how much attention is being given this tape by the defense. The state has said they will not be using it as evidence in trial and they have no objection to it being sealed. Baez has kept the tape in the news and spent a good amount of time on it and stated he is far from over arguing about it. I'm thinking his reasoning for this is the tape shows Baez in a compromising way with KC, like comforting her too much, or he's trying to gain sympathy for her by saying poor KC's rights are being violated by the big bad LE, jail, SA machine, or it's all just more distraction to keep everyone (the prosecutors, public and media) focused on anything except the murder case.

 

[Gaia713]

Sorry for not having read the motion, but how in the heck have they not had any time to prepare?! This has already been held over once. This tape has been spoken about for eons. Nice of JB for dragging this out FOREVER!!

I believe Baez filed his amended motion at 6pm the night before teh hearing, thereby guaranteeing that neither the Judge nor the prosecution would have time to prepare. Don't think he didn't plan it that way either. jmo I think he was hoping to take the prosecution off guard and get his way. Given the quality of the prosecution responses versus the quality of the motions, I can see why Baez would try to blindside them. He doesn't have a snowball's chance in h*** given the way he writes his motions.

 

[DotsEyes]

I don't see what all the fuss is about. Why not provide Kronk's cell phone records to the defense? An in camera inspection would suffice (why does this Judge always want to push off HIS duties to a Special Master?) and the records can be ordered sealed by the Judge to prevent the media from disseminating the information.

Same thing with AH, JG and whoever else. Sorry, I don't get it. Much ado about nothing if you ask me. And, why was JB denied the opportunity to interview Kronk? I guess now he will have to order his deposition, under oath.

The best way to handle a DP case is to give the defense every document they request. Then, there can be no reversible error on the issue of being denied evidence that could lead to something admissable or something to exculpate the defendant.

The media wants the tape because they will lure in audiences when they broadcast it. How does this promote justice? It doesn't. It is just for greed - ratings = money. The media isn't interested in justice for Caylee, just money for themselves.

Why was KC taken to the infirmary in the first place? She wasn't seeking medical attention before the broadcast. There are other televisions available and video monitors are everywhere - so why here? Were the officers at the jail providing a private place for her and her attorney to be together while watching the broadcast? No. They were video taping the event. HUGE NO NO!!! I'd like to hear the reasoning behind this decision from the powers that be at the jail.

 

[NocturnalLady]

I was under the impression that this video was recorded before Baez got there and that it was NOT taken during a medical exam or in a medical exam room. So this video in no way would violate Casey's rights....If I am wrong please correct me. I am a little confused now because I am not clear as to the time of the video, it seems that there may be more to the video. Maybe part of the reaction of Casey in the waiting area and then the other part while in the clinic.
In the motion below it states it was taken in the medical facility and they are asking for 4 weeks to prepare, so I take it that next week will just be another continuance on the issue of the video.

Continuance Motion: http://www.wftv.com/pdf/19599941/detail.html

I have always thought that Baez' "objections" to this video was a bit overboard- as that old saying goes " he who protest too much"......

The primary issue regarding this video tape is that Casey reacted BEFORE knowing it was Caylee. She has a radio in her cell and I can only assume she heard about it there first--she also briefly watched when Padilla did his search and at first it was said something was "found", which later turned out to be nothing, and she had absolutely no reaction---BUT this time, before even knowing who or exactly what was found--Casey went off the deep end. This could have a major impact on the fact, or the argument that she KNEW it was Caylee because she put her there or had knowledge Caylee was placed there.....

I think Baez' incessant protesting to this video indicates that he also knew-I don't recall him rushing to Casey's side when Padilla did his search. ( again if I am wrong please correct me).

I would think that if Baez didn't have anything to hide, and Casey is as innocent as he proclaims wouldn't he want to use this tape to his advantage? Arguing that it shows that his client did in fact have an emotional response and isn't the cold hearted murder she is being portrayed as? However, "IMO" Baez knows most of the truth and he also knows that SA is going to bring up Padilla's search and Casey's non emotional response to that---, wasn't it said she thought it was funny? Baez called it ludicrous as well. So why the emotional response to this find from both attorney and client?

Bold mine.

I know what you are saying but I have never really bought into that as a reality. Technically yes - she didn't know it was Caylee. However, I think we all knew instantly whose body that was. What other tiny little toddler with long brown hair could possibly be found dumped so close to the Anthony home? Even if Casey was innocent I think she would have known that couldn't be anyone but Caylee.

So - I get it why the emphasis is always placed on the fact that she reacted before it was confirmed to be Caylee. But I think you can't infer guilt or innocence from that reaction because the assumption that the body probably was Caylee was reasonable and realistic.

Also - Casey had been sitting in jail with nothing to do except try to come up with a "realistic" emotional response to enact when her daughter was eventually found. Remember she had surely already heard all the criticism of her response to the "little Econ remains" so she knew she was going to have to get together a better act. I think she tried to think about how an innocent person would react and then she mimicked that. Throw in the real alarm she surely felt for herself that the jig was up and you've got a semi-plausible reaction of emotion. Until you look at it closely and realize her concern was for herself - she felt sick, she needed medicine, she didn't want to be alone etc. There wasn't even any reference to Caylee.

However, people who haven't followed the case and don't "know" Casey like we do might be convinced by her display. So I think that the tape has little to no value for the SA. It's something of a hot potato that no one wants to touch. It does no good really for either side as an exhibit for trial.

Where the interest lies - for me - is in what exactly JB is so hysterical about covering up? What is it that he thinks is so bad about the tape? I'm not sure if there actually is anything he is trying to cover up. He may simply be trying ineptly to use the tape as proof of a vast conspiracy by the state (the forces that are out to get Casey remember?) to make his client look guilty. He might just be brewing a tempest in a teapot.

That's one side of the issue and the other is if the tape is covered under the Sunshine Laws. If so, it will come out.

 

[Searchfortruth]

To me it is so strange how much attention is being given this tape by the defense. The state has said they will not be using it as evidence in trial and they have no objection to it being sealed. Baez has kept the tape in the news and spent a good amount of time on it and stated he is far from over arguing about it. I'm thinking his reasoning for this is the tape shows Baez in a compromising way with KC, like comforting her too much, or he's trying to gain sympathy for her by saying poor KC's rights are being violated by the big bad LE, jail, SA machine, or it's all just more distraction to keep everyone (the prosecutors, public and media) focused on anything except the murder case.

I think they have so little to work with. I agree that this is a chance for them to complain about the evil, conspiracy between OCSO and Corrections. They are trying to give their client a little "victim status", she has had so little of it so far.

 

[Gaia713]

I don't see what all the fuss is about. Why not provide Kronk's cell phone records to the defense? An in camera inspection would suffice (why does this Judge always want to push off HIS duties to a Special Master?) and the records can be ordered sealed by the Judge to prevent the media from disseminating the information.

Same thing with AH, JG and whoever else. Sorry, I don't get it. Much ado about nothing if you ask me. And, why was JB denied the opportunity to interview Kronk? I guess now he will have to order his deposition, under oath.

The best way to handle a DP case is to give the defense every document they request. Then, there can be no reversible error on the issue of being denied evidence that could lead to something admissable or something to exculpate the defendant.

The media wants the tape because they will lure in audiences when they broadcast it. How does this promote justice? It doesn't. It is just for greed - ratings = money. The media isn't interested in justice for Caylee, just money for themselves.

Why was KC taken to the infirmary in the first place? She wasn't seeking medical attention before the broadcast. There are other televisions available and video monitors are everywhere - so why here? Were the officers at the jail providing a private place for her and her attorney to be together while watching the broadcast? No. They were video taping the event. HUGE NO NO!!! I'd like to hear the reasoning behind this decision from the powers that be at the jail.

The problem is imo that Baez has not restricted the time frame on the calls. He could ask for every phone call EVER made by these people and frankly, it's non of his business. His request is overly-broad.

And Casey did request medication during her meltdown. That would require her being seen by someone in the medical facility - they don't usually make "house-calls" to the cell. Safety reasons. If there is normally a camera in the waiting area of the medical facility, it is normal to be videotaped. Baez is just trying to get special privileges for his client. All the jail has to do is prove that EVERYONE in that area is automatically videotaped and Baez's complaints are tossed. There is NO right of privacy in jail, period.

Baez should know that he needs to confine his physical contact with the prisoner to the lawyer-client area. Everything else is fair game.

If there had been a camerman in this area standing there and filming them, then he woudl have an issue. I don't see where he has any rights to get this withheld. HE is fighting too hard to do this. The testimony of the officers wiwth her will NOT be sealed so the information will get out there. There is something on that tape that Baez does NOT want people to see. Something illegal maybe?

 

[Gaia713]

I was under the impression that this video was recorded before Baez got there and that it was NOT taken during a medical exam or in a medical exam room. So this video in no way would violate Casey's rights....If I am wrong please correct me. I am a little confused now because I am not clear as to the time of the video, it seems that there may be more to the video. Maybe part of the reaction of Casey in the waiting area and then the other part while in the clinic.
In the motion below it states it was taken in the medical facility and they are asking for 4 weeks to prepare, so I take it that next week will just be another continuance on the issue of the video.

Continuance Motion: http://www.wftv.com/pdf/19599941/detail.html

I have always thought that Baez' "objections" to this video was a bit overboard- as that old saying goes " he who protest too much"......

The primary issue regarding this video tape is that Casey reacted BEFORE knowing it was Caylee. She has a radio in her cell and I can only assume she heard about it there first--she also briefly watched when Padilla did his search and at first it was said something was "found", which later turned out to be nothing, and she had absolutely no reaction---BUT this time, before even knowing who or exactly what was found--Casey went off the deep end. This could have a major impact on the fact, or the argument that she KNEW it was Caylee because she put her there or had knowledge Caylee was placed there.....

I think Baez' incessant protesting to this video indicates that he also knew-I don't recall him rushing to Casey's side when Padilla did his search. ( again if I am wrong please correct me).

I would think that if Baez didn't have anything to hide, and Casey is as innocent as he proclaims wouldn't he want to use this tape to his advantage? Arguing that it shows that his client did in fact have an emotional response and isn't the cold hearted murder she is being portrayed as? However, "IMO" Baez knows most of the truth and he also knows that SA is going to bring up Padilla's search and Casey's non emotional response to that---, wasn't it said she thought it was funny? Baez called it ludicrous as well. So why the emotional response to this find from both attorney and client?

Casey asked for medication because she felt ill. Can you imagine how Baez would be screaming from the mountaintops about how the officers NEGLECTED "his girl" by leaving her in her cell when she complained of feeling ill and needing medication?

Personally, I wonder if this tape is part of the complaints against him to the Bar. Wouldn't that be something?

 

[MADJGNLAW]

Why was KC taken to the infirmary in the first place? She wasn't seeking medical attention before the broadcast. There are other televisions available and video monitors are everywhere - so why here? Were the officers at the jail providing a private place for her and her attorney to be together while watching the broadcast? No. They were video taping the event. HUGE NO NO!!! I'd like to hear the reasoning behind this decision from the powers that be at the jail.

"Snip"
According to those who've seen the jail video, Casey is watching breaking news coverage of the discovery of a small child's remains near her home. She reportedly doubles over, then later, according to witnesses, asked for a sedative.


Baez said the video also captured part of his meeting with Casey Anthony in jail that same day. Although there is no sound on the video, Baez claims it is a violation of Casey's right to attorney-client privilege. http://www.wesh.com/news/19583277/detail.html

 

[Searchfortruth]

Casey asked for medication because she felt ill. Can you imagine how Baez would be screaming from the mountaintops about how the officers NEGLECTED "his girl" by leaving her in her cell when she complained of feeling ill and needing medication?

Personally, I wonder if this tape is part of the complaints against him to the Bar. Wouldn't that be something?

That WOULD be something !

I didn't buy for a minute, and I don't think anyone else did either, the attorneys claim that they were not trying to hide Casey's reaction to the broadcast that day, but were rather protecting her right to "privacy"...BS ! That was a bold faced lie, they are scared to death of the public seeing such a show of emotion from this, normally, emotionless person.

 

[Gaia713]

"Snip"
According to those who've seen the jail video, Casey is watching breaking news coverage of the discovery of a small child's remains near her home. She reportedly doubles over, then later, according to witnesses, asked for a sedative.


Baez said the video also captured part of his meeting with Casey Anthony in jail that same day. Although there is no sound on the video, Baez claims it is a violation of Casey's right to attorney-client privilege. http://www.wesh.com/news/19583277/detail.html

Maybe he should have been with her in the designated attorney-client area instead of in the public area. That's his mistake, not the jail's.

 

[countzero]

IIRC one supervisor said that KC had her radio on and was listening PRIOR to her being taken to the medical care center area where the tv was.

I am far too tired to go looking for the corrections dept depo, maybe later. OT - It has been raining here for weeks and my grandson's HS baseball team is in the regional finals. Games have been cancelled and rescheduled, cancelled and then played and I have put 1600 miles on my vehicle since a week ago this past Wednesday. Two games tomorrow regardless of rain, which we are not expecting, finally sun.

ETA: audio Dec 11, 08 Lt Uncer

http://www.wftv.com/video/19107482/index.html

audio Dec 11, 08 Sgt Richardson

http://www.wftv.com/video/19110078/index.html

 

[Verité]

LOL - I wasn't attacking anyone who felt pity, so hopefully noone took it like that. And I am not British, but was actually referring to the powdered wig, etc - because it seems to eliminate at least some of the visuals, at least the "he's bald" ones, and the black robes also try to set everyone on the same playing field, if you will.

I've often wondered about (and this goes for the American Idol shows as well) - just HEARING and SEEING the EVIDENCE rather than the actual players.

For hypothetical - let's say that someone is 100% guilty, and all the evidence proves that this person is guilty, but this person looks pitiful in the courtroom, and the jurors feel sorry for the person and thus the person, guilty as sin, is proclaimed innocent.

For me, this is a major flaw - it's not just America, I know this - but as far as the courtroom antics, from what my European friends have told me, at least, America has become somewhat lax in the law and legal preceedings - and thus I was referring to the lack of formality and respect (at least in this case) that I have seen so far.

It's complicated - and IMO, too much so.

Oh, yes, we (Americans) orchestrate high profile cases like a reality show (even low profile ones, too, I imagine, though TruTV is not as good as Court TV used to be
to show all that, IMO). And there was no better high drama anywhere than the OJ trial with the cast of characters who became overnight stars. (I think Kato K. is still
out there somewhere, broadcasting away.) A virtual cinema verité (tee-hee, now U know how I got my nic)!

Remember how that trial even got played out through satire on SNL with the Dancing Itos? Loss of respect for the Court, yeah, you're correct about that.
Thank goodness Judge S. seems to maintain good control in his courtroom. And I thought Judge R. was masterful during the last ZFG hearing.
Did y'see how he educated the little KC attorney to stand up (vs. slouch in his chair) and make a proper motion? Great television!

 

[Searchfortruth]

One thing I am worried about was the attorney's claims yesterday that the CO's they deposed said it was cruel and inhumane treatment to take Casey to the infirmary, to monitor her reaction to the finding of the remains...I really hope said Defense Attorney's are embellishing the Officer's statements.

 

[celticthyme]

Regarding phone records, aren't all of Casey's, those of the Anthony family & many of her acquaintances, many of Roy Kronk's already a matter of record in the documents? I wonder if he is trying to find out who RK's connections are inside the jail . . ., or if he has any ties to anyone else in the case, ?? LA??

 

[Searchfortruth]

The way JB talked in court yesterday, I got the impression, he knows exactly who he is going after with the phone records search. He was talking about having a "special master", and stated that would make it possible to get the records he wants without showing what defense strategy they were using. IMO, he is going after JG...I think his mind is already made up. I just wonder why he can't defend his client without causing so much trouble for her innocent friends. I am hoping the new Defense Atty will talk him out of throwing any of these kids under the bus, enough damage has already been done.

 

[MissJames]

IIRC one supervisor said that KC had her radio on and was listening PRIOR to her being taken to the medical care center area where the tv was.

I am far too tired to go looking for the corrections dept depo, maybe later. OT - It has been raining here for weeks and my grandson's HS baseball team is in the regional finals. Games have been cancelled and rescheduled, cancelled and then played and I have put 1600 miles on my vehicle since a week ago this past Wednesday. Two games tomorrow regardless of rain, which we are not expecting, finally sun.

ETA: audio Dec 11, 08 Lt Uncer

http://www.wftv.com/video/19107482/index.html

audio Dec 11, 08 Sgt Richardson

http://www.wftv.com/video/19110078/index.html

Good luck to your gs tomorrow!

 

[whiteangora]

The way JB talked in court yesterday, I got the impression, he knows exactly who he is going after with the phone records search. He was talking about having a "special master", and stated that would make it possible to get the records he wants without showing what defense strategy they were using. IMO, he is going after JG...I think his mind is already made up. I just wonder why he can't defend his client without causing so much trouble for her innocent friends. I am hoping the new Defense Atty will talk him out of throwing any of these kids under the bus, enough damage has already been done.

bold,me
I wouldn't hold out much hope on A. Lyon saving the day here especially after reading about her knowingly let a poor Innocent Man sit in prison for 26 Years! See her thread for the info.