2010.12.21 Stream of Motions - General Discussion

[TinaD]

Wow! What a joy to read! And note that the SAO does not refer to "the victim" - Caylee's name appears everywhere. There's no way they will let anyone forget that little girl!

 

[Leila]

The writing was excellent in those State Responses! very intense!
Thank you for getting them MuzikMan!!


2011.01.18 SA Response to Defense's Motions in Limine
http://www.docstoc.com/docs/69484725/20110118-SA-Response-to-Defenses-Motions-in-Limine

pg 9 - the more reasonable explanation is that the Defendant borrowed the shovel with the intent to bury her daughter.

pg 11 - ... getting a tatoo during this time period with the inscription "La Bella vita" (meaning "The Beautiful Life" or "The Good Life") as an expression of her preference for her life without Caylee.

ITA - The state's response was very well done and cited case law as a good response should. Very well done, Mr. Frank George!

 

[Leila]

I'm newish, excuse my ignorance. How can I add my thanks too? Where should I look for help on this sort of thing?

Teresa

to Websleuths Teresa!

To add your thanks to anyone's post, you'll note a "thanks" and a "quote" button in the lower right side of their post. Simply click on "thanks" to add your thanks to the poster.

I you want to reply to a particular post, click on "quote" and that post will appear in a reply window. Type your message below the [/quote] at the end of their post.

 

[coral_sea]

The writing was excellent in those State Responses! very intense!
Thank you for getting them MuzikMan!!


2011.01.18 SA Response to Defense's Motions in Limine
http://www.docstoc.com/docs/69484725/20110118-SA-Response-to-Defenses-Motions-in-Limine

pg 9 - the more reasonable explanation is that the Defendant borrowed the shovel with the intent to bury her daughter.

pg 11 - ... getting a tatoo during this time period with the inscription "La Bella vita" (meaning "The Beautiful Life" or "The Good Life") as an expression of her preference for her life without Caylee.

So very well written, except for "La Bella vita" which was also used in Defense Motion. The tattoo actually says "Bella Vita"? I assume it doesn't make a difference.
http://www.wftv.com/slideshow/news/21249082/detail.html

 

[The World According]

I'm newish, excuse my ignorance. How can I add my thanks too? Where should I look for help on this sort of thing?

Teresa

arty::welcome2::wagon::welcome3::Welcome1:

We are so glad to have all of our new posters!!!!! Julia

 

[Leila]

Wow! What a joy to read! And note that the SAO does not refer to "the victim" - Caylee's name appears everywhere. There's no way they will let anyone forget that little girl!

Very good observation...........

 

[The World According]

The first we noticed Mr. George was teh check fraud trial and when he made Jose Baez announce louder, rather than mumble
"American Broadcast Company".
ASA George: Excuse me
JB: ABC
ASA George: Is that A B C?
JB: Yes
ASA George : A B C News?
JB: Um, yes.

And now these blow out motions!!! Love him!

Watch Jose Baez here while Mr. George questions him!!!! Seven minute mark![ame]http://www.youtube.com/watch?v=4kYb9DfPq6E[/ame]


[ame]http://www.youtube.com/watch?v=I-HhNWPqINI[/ame]

[ame]http://www.youtube.com/watch?v=rUY9h0ZnKZA[/ame]

[ame]http://www.youtube.com/watch?v=KC0Xtr917ZY[/ame]

 

[Psmith]

What a refreshingly well-written response after reading all that carp from the defense.

I anticipate that HHJP will agree with the State's response on every point.

I could not agree with you more! The language is precise, the sentences and organization patterns follow logic, the case law/statutes are in place.

One of the passages in the "Legal Analysis" section (p. 2) is particularly enjoyable and spot on.

Quoting from one of Defense's motions (?):

"While all judicial proceedings require fair and deliberate consideration by a trial judge, this is particularly important in a capital case because as we have said, death is different."

State goes on to say:

Despite this admonition to the trial courts, there is no case, that the undersigned is aware of, that suggest the Rules of Evidence in the guilt phase of a First Degree Murder trial be abrogated or applied any differently because of the sanction the defendant is facing. Relevant evidence is relevant evidence despite the crime or the penalty. Hearsay is hearsay despite the crime or the penalty. Improper character evidence is improper character evidence despite the crime or the penalty.

http://www.docstoc.com/docs/69484725/20110118-SA-Response-to-Defenses-Motions-in-Limine



Yes, "death is different" but not different enough to let Defense play fast and loose with statues and case law to fit whim or convenience. jmo

There is a lot of beautiful work done in this document with the Rules of Evidence

(all jmo )

 

[The World According]

The great news is that both sides already agreed to have the judge rule and roll on these!!! I agree the judge will side with the State on each and every one of these. Baaaam!

 

[A_News_Junkie]

:great::great: Hurry, someone get this to the Smithsonian American Art Museum -- as it is a true piece of ART!!!!!!! :great::great:

It is LOL -- Litigation on Logic, Mr. CM!

 

[Omachka]

The great news is that both sides already agreed to have the judge rule and roll on these!!! I agree the judge will side with the State on each and every one of these. Baaaam!

Oh that's right.. they did agree to that! I'm really looking forward to reading the order on these. Wonder how long it will take for the judge to rule?

 

[LiveLaughLuv]

Caylee's justice is in the best of hands. I am so thrilled to read this response and truly shows how prepared the state is to move forward right now if they choose. They laid out there case and will have the defense scramming for an antidote...:crazy:

I do hope ICA reads this response (and CA) and it makes her uncomfortable enough to ask Baez to change her plea to guilty. She may not want to try her hand at trial for these SA's are very well prepared and will slice and dice her and her character, even as CA shouts MOTY...Her demeanor is very relevant to Caylee's alleged abduction for it shows her state of mind at the time and she had no concerns for Caylee..

I also liked they used "flight" but not in the traditional sense...for she did flee from her family within this time frame and used AmyH's money instead of crying back to mother for money. Playing house with TonyL...spot on with their assessments of her behaviors...She is caught and these state attorneys have her bahaviors down pat...JMHO

May 11, 2011 can't come fast enough...JMHO

Justice for Caylee

 

[LambChop]

While ICA may feel she will not be getting a fair trial the facts of this case prove otherwise. Being fair does not mean things will always work out in your favor. It is time "Little Ms. Muffin" learned about bearing responsibilities for her actions. Apparently with SA, the gloves are off. jmo

 

[ynotdivein]

How/when will KC get to see this motion (which is even more a thing of beauty on 2nd and 3rd review)? Who will the defense choose as their messenger to go to her and say "Read this, and then let's have a very serious talk." Will KC be made aware of this motion today? Tomorrow?

Quite sure it will only serve to infuriate her, rather than whack some sense into her, but wow this would be a good time to start begging for a plea if they haven't already.

 

[Macushla]

Beautifully crafted motions, right to the point. As someone upthread pointed out Caylee's name is always used. I hope they continue doing this at trial, always saying Caylee's name and then referring to KC as 'the accused'. The defense tries so hard not to say Caylee's name but uses "Miss Anthony" all the time. I would like to see the prosecution do the same thing - only in reverse.

 

[strawberry]

Wow! You can really tell from that motion that the state is ready to go to trial today. It was interesting to note that in this filing they were not simply laying out or arguing the law as they typically do. They stopped playing their cards close to their chest and started laying out their case. So much of this motion was pointed directly at the defendant and her actions, and the states interpretations of her actions. Much more so then we have previously seen. These are the arguments and accusations the state will be making at trial. They really don't care that they are giving JB and CM a preview peek at them. They are that solid on their case.

I hope that after reading this someone is planning on having a deep hard soulful talk with the defendant about what her chances truly are in taking this to trial. Failing to do that would be the only true case of "ineffective council" that we have so far witnessed.

My thoughts exactly! I was trying to figure out why it was so refreshing and came to this conclusion: We have heard nonsense from the defense for 3 years almost about how ICA has been wronged, picked on, there is no evidence, we don't have all the facts blah blah blah. Besides JAs excellent scenario arguing for the dp, we have not heard the State making it's case. They have held their tongues but the time has finally come.:great:

ETA: How many times have we been infuriated by softball interviews where the defense or family have spewed their spin and was not challenged?? It's finally come where someone states the obvious response to their ridiculousness.

 

[Soju]

Wow! What a joy to read! And note that the SAO does not refer to "the victim" - Caylee's name appears everywhere. There's no way they will let anyone forget that little girl!

True. And they actually at one point refer to her as the "little angel", when talking about cindy's myspace entry. It was amazing to see how they're going to use cindy in all of this. They're playing her like a fiddle, talking about how she was like a dogged police detective trying to find her "little angel". They're gonna treat her like a loving hero grandma, and cindy's gonna eat it up and give them exactly what they need. Brilliant!

Shhh....don't tell Mr.Soju, but I may have a little crush on Frank George.

 

[strawberry]

True. And they actually at one point refer to her as the "little angel", when talking about cindy's myspace entry. It was amazing to see how they're going to use cindy in all of this. They're playing her like a fiddle, talking about how she was like a dogged police detective trying to find her "little angel". They're gonna treat her like a loving hero grandma, and cindy's gonna eat it up and give them exactly what they need. Brilliant!

Shhh....don't tell Mr.Soju, but I may have a little crush on Frank George.

Gave me goosebumps when I read it, gave me goosebumps when you quoted it.

 

[The World According]

Contrary to the I never once raised my voice, she was my best friend account we later got from mom about she and Casey...this is the truth from her own words, that she thought at the time would forever remain private bewteen she and Casey.
July 4th:

Subject: My Caylee is missing Current mood: Distraught

“She came into my life unexspectedly, just as she has left me. This precious little angel from above gave me strength and unconditional love. Now she is gone and I don’t know why. All I am guilty of is loving her and providing her a safe home. Jealousy has taken her away. Jealousy from the one person that should be thankfull for all of the love and support given to her. A mother’s love is deep, however there are limits when one is betrayed by the one she loved and trusted the most. A daughter comes to her mother for support when she is pregnant, the mother says without hesitation it will be ok. And it was. But then the lies and betrayal began. First it seemed harmless, ah, love is blind. A mother will look for the good in her child and give them a chance to change. This mother gave chance after chance for her daughter to change, but instead more lies more betrayal. What does the mother get for giving her daughter all of these chances? A broken heart. The daughter who stole money, lots of money, leaves without warning and does not let her mother now speak to the baby that her mother raised, fed, clothed, sheltered, paid her medical bills, etc. Instead tells her friends that her mother is controlling her life and she needs her space. No money, no future. Where did she go? Who is now watching out for the little angel?”Allegedly Casey was partying it up on the 4th of July.

Then on July 7, Casey Anthony is alleged to have left this message on her MySpace account (message has since been deleted):

The message, titled “Diary of Days,” read:

“On the worst of worst days, remember the words spoken
Trust no one, only yourself.
With great power, comes great consequence.
What is given can be taken away.
Everyone Lies.
Everyone Dies.”

Brilliant of Mr. George to quote from this. Brilliant. There is the old saying one cannot unring the bell, the judge reading all of these attachments ...these things are in his data base now, forever, whether the jury sees them or not. We know how he felt about the tone in Cindy's very very distraught voice on the 911 calls. Her myspace cries out from the same vantage point. He will read it, he will know of it, no unringing of this bell.
The interesting thing I learned yesterday is that Lee must have read it at the time too. It said that Lee helped mom make her new myspace page.
Excellent motions, Mr. George!

 

[TotallyObsessed]

THAT IS ONE AMAZING PLEADING THE STATE FILED re motions in limine. The difference between the State of Florida prosecutors and the defense attorneys is so blatantly obvious, I think even Cindy will be swayed at trial...........