2010.05.10 - Casey Anthony Motions Hearing

[marspiter]

I wish the prosecution would just hand over all dicoverables for crying out loud. Spare us all the tedium. It's a shame the defense are supposed to have to figure out what the state has and ask for it specifically in order to receive discovery. Isn't there a legal presumption that the state will provide all discovery and that all the experts, labs, etc will provide all discovery without a motion being made for every tiny piece by tiny piece? I guess not.

It should also be noted that discovery is reciprocal. The defense is required to disclose it's findings and evidence as well..... to date the defense has submitted.... a witness list.... that matches that of the prosecutions. The defenses secrecy of its evidence is actually hurting them at these hearings imho.

For example the pictures couldn't exactly be ruled on in this hearing because JP can't rule in a vacuum. Meaning that the defense hasn't released its evidence yet which will help determine which photos are relevant and which are not.

Also as many have stated before my post here, JB needs to be specific in what he is asking for because he is essentially asking for items that are not discoverable or are held by entities that are not in this courts jurisdiction and JB needs to file the proper paper work in the relevant jurisdiction. I seem to remember this topic being covered many times before this hearing though.

 

[logicalgirl]

As I recall it, Judge Perry stated that he would issue a gag order to the attorneys at the time he notifies him of the location for jury selection. Gag order would stay in effect until the moment in time when Perry publicizes "to the world" name of chosen county jury will be drawn from.

LDB suggested that Judge Perry extend the gag order to include all attorneys involved in the case UP UNTIL TRIAL TIME in order to prevent any of the attorneys (cough, cough) from holding press conferences or interviews with the media in the county the jurors are chosen from. This would hopefully prevent any attempt to taint the jury from the time they are chosen until they are sequestered in OC.

Judge Perry did not comment on LDB suggestion....but I sure hope she continues to pursue it...

Thanks Kentjbkent, I heard LDB and was laughing so hard because I thought Baez started this one and fell right into it that I misunderstood what Judge Perry said re the motion. But will read it when it is filed just in case we get lucky and there really is a gag order. It seemed obvious that Baez was going on about the press and demonstrations when he is the first one to run out in front of any camera that will film him at the slightest opportunity. Baez give your head a shake!!!

 

[momtective]

http://www.youtube.com/watch?v=gXJ23WuB5LE excellent pics of casey, caylee . casey hardly resembles the pics here anymore - thats why i now say she will look like pollyana by time of trial. they are subliminal and outright in our face changing her image before our eyes. image and how we perceive is 99 percent of their purpose of this.jmo

Someone please send this over to the SA...the jury needs to see this right after they see the little ditty Jose put together.

 

[MADJGNLAW]

Any word if we figured out what was in the envelope being handed to female guard?

I have looking for a link that has the raw hearing to see what happen just prior to the paralegal giving the female corrections officer/sheriff the envelope. She left shortly after that as well. At first I thought it was something for Baez but I didn't see the female corrections officer/sheriff give Baez the envelope/note. She had put it in her shirt uniform pocket and I did not see her take it out. I could of missed it though, maybe the camera didn't show if she passed it back to Baez at anytime during the hearing. But I did see when it happen, it was right at the beginning of the hearing. Anyone found an uncut video yet of today's hearing?

 

[Amil]

George was chewing gum in court today.

 

[MADJGNLAW]

Casey Trial To Be In Orlando With Out-Of-Town Jurors
Updated: 12:18 pm EDT May 10, 2010

"Snip"
http://www.wftv.com/news/23503932/detail.html
ORLANDO, Fla. -- Judge Perry kept up the pace in the Casey Anthony case proceedings, working through several motions durining the hearing Monday morning, including deciding on jurors coming from outside of Orange County.
Second hearing this week will be held Tuesday morning.

05/10/2010 HEARING:
Part 1 http://www.wftv.com/video/23506764/index.html
Part 2 http://www.wftv.com/video/23505934/index.html
Part 3 http://www.wftv.com/video/23506330/index.html



The hearing started with a discussion of the defense request to change the location of the trial (read motion).

The state told Judge Perry that they do not necessarily object to the defense request and that they are willing to wave an attempt to seat a jury in Orange County. Prosecutor Linda Drane said they could argue against it, but are choosing not to.

 

[logicalgirl]

It seemed like she did when leaving. Watching CTV the reporter in the court room just reported that Casey told her mother Happy Mothers Day, I love you. Cindy acknowledged her and they made a connection.

Sure - NOW Casey is trying to make a connection! After a couple of hearings with Judge Perry telling the court this is a murder trial with a DP and should the defendant be found guilty....etc. etc. - NOW Casey wants to stay on the good side of her parents. Please mommy and daddy don't say anything bad about me in the court!

 

[Lanie]

Asked previously but thread was moving quickly during hearing...

What happened on the motion concerning sealing the Jail Logs? Saw Mason stand up and say something to JP but could not hear it.

Immediately went on to next motion?

Mason said something I couldn't make out to the judge about bringing this up later. IIRC

 

[doogiesgirl]

That's exactly what I hope they get, "The Truth!" Every single gory detail of it, I want the truth to be spoken to Cindy & George with such conviction and detailed graphics that it conjures up unforgettable images of exactly what their daughter did to Caylee. I want the truth to be irrefutable and 110% convincing for them so they will finally accept the fact that their daughter is a monster. Yes please, give them the "truth" they are seeking!

MT--I hear ya and I wish the same. Unfortunately Cindy can't handle the truth! So she comes up with her own truth. She will never see the real truth!

moo

 

[Muzikman]

Asked previously but thread was moving quickly during hearing...

What happened on the motion concerning sealing the Jail Logs? Saw Mason stand up and say something to JP but could not hear it.

Immediately went on to next motion?

They forgot to notice the OC Jail attorney, so will have to be done at another time.

Ooops! :banghead:

 

[doogiesgirl]

casey trial to be in orlando with out-of-town jurors
updated: 12:18 pm edt may 10, 2010

"snip"
http://www.wftv.com/news/23503932/detail.html
orlando, fla. -- judge perry kept up the pace in the casey anthony case proceedings, working through several motions durining the hearing monday morning, including deciding on jurors coming from outside of orange county.
Second hearing this week will be held tuesday morning.

05/10/2010 hearing:
part 1 http://www.wftv.com/video/23506764/index.html
part 2 http://www.wftv.com/video/23505934/index.html
part 3 http://www.wftv.com/video/23506330/index.html



the hearing started with a discussion of the defense request to change the location of the trial (read motion).

The state told judge perry that they do not necessarily object to the defense request and that they are willing to wave an attempt to seat a jury in orange county. Prosecutor linda drane said they could argue against it, but are choosing not to.

bbm

bless you!!!!

Moo

 

[faefrost]

They forgot to notice the OC Jail attorney, so will have to be done at another time.

Ooops! :banghead:

Again? Didn't JS burn Baez for that once or twice already?

 

[Muzikman]

Again? Didn't JS burn Baez for that once or twice already?

Yes he did.

Someone just doesn't learn... :waitasec:

 

[Nana46]

Quite frankly.
Quite frankly.

If I had the time, I would count how many times he says this...hope I never have to hear those two words again.

:banghead:

 

[Noway]

One of Jose's other cases?


His websites
http://www.baezlawfirm.com/
http://baezlawfirm.com/#

(none of links about the cases worked for me on second link)

 

[notthatsmart]

I wish the prosecution would just hand over all dicoverables for crying out loud. Spare us all the tedium. It's a shame the defense are supposed to have to figure out what the state has and ask for it specifically in order to receive discovery. Isn't there a legal presumption that the state will provide all discovery and that all the experts, labs, etc will provide all discovery without a motion being made for every tiny piece by tiny piece? I guess not.

I think Ja tried the argument he made to Strickland that it was out of his jurisdiction and out of the courts jurisdiction and that the defense would have to go to those states and start their own legal approach to get the bench notes. IIRC the Judge did not fall for this, he said something like if it falls under 3.20 the discovery laws, then there are options. So, I believe JA has finally lost that argument. The court may have more power to get records than the State would like us to know. IMO

 

[Turnadot]

I think Ja tried the argument he made to Strickland that it was out of his jurisdiction and out of the courts jurisdiction and that the defense would have to go to those states and start their own legal approach to get the bench notes. IIRC the Judge did not fall for this, he said something like if it falls under 3.20 the discovery laws, then there are options. So, I believe JA has finally lost that argument. The court may have more power to get records than the State would like us to know. IMO

It's like you're talking about a hearing that took place today in another universe, imo.

ETA, notthatsmart, I refer you to this post, especially the last paragraph: [ame="http://www.websleuths.com/forums/showpost.php?p=5167409&postcount=510"]Websleuths Crime Sleuthing Community - View Single Post - 2010.05.10 - Casey Anthony Motions Hearing[/ame] and perhaps watch the vids of today's hearing and listen to Judge Perry schooling Baez on the rules of discovery.

 

[logicalgirl]

Asked previously but thread was moving quickly during hearing...

What happened on the motion concerning sealing the Jail Logs? Saw Mason stand up and say something to JP but could not hear it.

Immediately went on to next motion?

Considered later. No decision now.

 

[nachomama]

I have looking for a link that has the raw hearing to see what happen just prior to the paralegal giving the female corrections officer/sheriff the envelope. She left shortly after that as well. At first I thought it was something for Baez but I didn't see the female corrections officer/sheriff give Baez the envelope/note. She had put it in her shirt uniform pocket and I did not see her take it out. I could of missed it though, maybe the camera didn't show if she passed it back to Baez at anytime during the hearing. But I did see when it happen, it was right at the beginning of the hearing. Anyone found an uncut video yet of today's hearing?

I just watched the repeat coverage of the trial on InSession and she passed the note/envelope just prior to JB spouting off about people holding signs on street corners and just before Judge P interupted him.. If it were to be given to JB... WHY did the guard kind of hide it in her pocket??? Something seems fishy to me....

 

[logicalgirl]

Did Baez stick with Your Honor all the way through or did he revert back to Judge? He was doing quite well with it for the first 15 minutes.