2011.07.02 Sidebar Thread

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While there is a lull, I just want to say I am glad Caylee is close to getting some measure of justice. However, I will certainly miss all the caring and intelligent people I have been keeping company with daily for so long. There will be a large void in my day with no trial to follow.

I wish you all peace, health, and happiness. Hope to see you soon when another wrong is in need of being addressed, and sadly, there will be another.

Blessings
 
Dr.Fessel said:
I think just pulling one piece off the roll then tearing it would be premeditated.
Click to expand...

Me too! Some people seem to think that without the chloroform searches the dp is out the window but I don't think so. Premeditation can be in the blink of the eye.
 
katydid23 said:
It would be ILLEGAL and highly unethical for Baez to make up that story himself. You are not allowed to knowingly LIE when you make up specific accusations like he did. The only way Baez would get a pass would be if his client told him that was the truth.l

Defense attorneys are allowed to insinuate and imply that others are responsible. But the story he laid out there, specifically describing particular instances accusing George of child rape--if he made those up himself he could face disbarrment. imo His only protection is if Casey told him that happened.
Click to expand...

This is a response on the lawyer thread in response to a question I asked:

IMO the theory does not have to come from the defendant. The lawyer can present a theory consistent with the evidence, and sometimes that can be pretty indistinguishable from making up a story.
 
strawberry said:
Even without the chloroform searches, could it not be premeditated if they believe she put three pieces of duct tape over her nose? Especially the second and third pieces would be deliberate and premeditated.
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Absolutely according to the prosecution ... not one, not two, but three ... she could have stopped at any point but deliberately keep applying the tape ... as I understand it, premeditation doesn't mean she planned it for months or weeks ... maybe it started with KC making chloroform to knock Caylee out so she could go out and party ... IMO what happened on the 16th was a deliberate, vindictive and final act to be free of Caylee and hurt Cindy ... to me, that's premeditation
 
Just got back home....has this been discussed yet?

Mark DeJame tweeted there is a universal mistake concerning ICA charges...
Count2 aggravated child abuse did not allege felony murder...
Only Count 1 is DP
All the other charges are1st degree felony max of 30 yrs
They're are no felony murder charges...

This cannot be happening!!!:banghead:
 
katydid23 said:
OR their 'first' post--which ever comes first. LOL
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bad part is I just had to read this three times to figure it out.



I am so glad we have spell check here because I am discovering that I can not spell most big legal words and a lot of common ones too.
:great:
 
SMK said:
Interesting piece about being with the Anthonys, by the bounty hunter who bailed Casey out in 2008:
http://www.myfoxorlando.com/dpp/news/local/070111-Leonard-Padilla-on-how-Caylee-Anthony-died
Click to expand...

The bounty hunter to me seems as one more person inserting themselves into this case. Maybe he thought he could assist at first. However, there is a point where you need to walk away and say no more. And for those here that have him in their avatar, it's just my humble opinion.

Additionally, as a retired attorney, I'm VERY uncomfortable with attorneys that were at one time involved in the case (defense or with parents), but now they're talking heads. I was always about ethics, so I'm skeeved about what this case is doing to the reputation of lawyers, including the many defense lawyers I know who are actually good folks.

This whole case bothers me for any number of reasons. However, moo, I feel ICA is at least guilty of gross child abuse, and thus 1st degree murder according to FL laws.
 
If ICA shows up in court with a french braid, I will pop an artery...

Aqua
 
allycat1208 said:
Not according to the lawyer thread. On the lawyer thread it states that an attorney can come up with a theory they believe is in good faith of the evidence.
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Correct. But there is no good faith 'evidence' that George forced his thing in her mouth in the morning while she waited for the school bus. He could not make up specific criminal accusations like that with NO evidence whatsoever. He would need Casey to tell him that.
 
katydid23 said:
It would be ILLEGAL and highly unethical for Baez to make up that story himself. You are not allowed to knowingly LIE when you make up specific accusations like he did. The only way Baez would get a pass would be if his client told him that was the truth.l

Defense attorneys are allowed to insinuate and imply that others are responsible. But the story he laid out there, specifically describing particular instances accusing George of child rape--if he made those up himself he could face disbarrment. imo His only protection is if Casey told him that happened.
Click to expand...

Okay then, I believe she crafted that story by herself in her cell during those 23 hours/ day she was in solitary... Bet she caught wind of that other inmate's drowning son story and worked it in to her own story. IMO
 
Dr.Fessel said:
Mark seems to be saying there is only one count she can be found guilty of and get the DP.

Read the tweets from the bottom up.

http://twitter.com/#!/MarkNeJame

MarkNeJame Mark NeJame
Premeditation must be proven. Aggravated child abuse will not be enough for life imprisonment. #caseyanthony @nancygracehln @vinniepolitan
4 minutes ago Favorite Retweet Reply
»
Mark NeJame
MarkNeJame Mark NeJame
All presumed felony murder.I looked at indictment & had it researched w 2 partners today. Everyone is wrong. No felony murder. #caseyanthony
6 minutes ago Favorite Retweet Reply
»
Mark NeJame
MarkNeJame Mark NeJame
Only County 1 is the death penalty. Counts 2 & 3 are 1st degree felony/ 30 yr. max each. @richardhornsby @wkmg @insession @vinniepolitan
7 minutes ago Favorite Retweet Reply
»
Mark NeJame
MarkNeJame Mark NeJame
County 2, aggravated child abuse, did not allege felony murder. Max is 30 years. @vinnypolitan @richardhornsby @issueswithjvm #caseyanthony
9 minutes ago Favorite Retweet Reply
»
Mark NeJame
MarkNeJame Mark NeJame
There is a universal mistake concerning #caseyanthony charges. My team has been researching & no felony/murder charged. Only count 1 is DP.
Click to expand...

yikes this sounds serious

I hope the state has this figured out
 
Bon said:
Just got back home....has this been discussed yet?

Mark DeJame tweeted there is a universal mistake concerning ICA charges...
Count2 aggravated child abuse did not allege felony murder...
Only Count 1 is DP
All the other charges are1st degree felony max of 30 yrs
They're are no felony murder charges...

This cannot be happening!!!:banghead:
Click to expand...

No, haven't seen it in this thread. Yes, it is happening. Richard Hornsby also apparently tweeted NO FELONY MURDER. OMG!!!!!!!!
 
allycat1208 said:
This is a response on the lawyer thread in response to a question I asked:

IMO the theory does not have to come from the defendant. The lawyer can present a theory consistent with the evidence, and sometimes that can be pretty indistinguishable from making up a story.
Click to expand...

Things must have changed since my dad was in practice. I know that he had to be very careful not to flat out lie before the court while accusing innocent people of vile crimes. That was not allowed. He was able to insinuate or imply, but he could not say flat out, ' My client's father was the real killer, she saw him do it herself.' And that is pretty much what Baez did. imoo
 
katydid23 said:
Correct. But there is no good faith 'evidence' that George forced his thing in her mouth in the morning while she waited for the school bus. He could not make up specific criminal accusations like that with NO evidence whatsoever. He would need Casey to tell him that.
Click to expand...

Well, I believe the sexually allegations come from KC. I agree there is no evidence of sexual molestation, though. The Kronk connection I believe is a speculation on JB's part. The drowning theory is the main defense theory though.
 
I just looked at the indictment and there is no mention of felony murder...there is a link to it in the legal thread, one of the more recent posts...
 
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