2011.08.05 Hearing on Casey's probation

[Italy]

I don't even see this as the problem - she was given appropriate credit for the check fraud and immediately following she was given "appropriate credit" for time served on the lying to LE charges which brought her up to her release date. So legally if she was serving those two sentences including the one that was ROLLED back, how the heck was she serving probation at the same time? To me - serving those two sentences didn't give her time to be swanning around in jail on probation.

Hello HHJP - Elephant in the Courtroom?

Or to look at it another way - how was she serving time for check fraud plea deal AND 4 counts of lying to LE (to run consecutively) at the same time?

My (unpopular) opinion is that she has served her probation while in jail. Additionally, she has served the time required for the check fraud charges (concurrently with time in custody/jail pending trial). What she has not served are the 4 years for lying to law enforcement.

Judge Perry is right about one thing - it is a mess. But as Grandmaj mentioned, they better get it straightened out before this "mess" becomes legal precedence.

 

[Baznme]

While I believe this is probably ridiculous policy and not serving the intended purpose of probation status, it seems unfair that people believe that CA somehow was the ONLY person to ever to have served her probation that way. It wasn't something she asked for, or even knew that she SHOULD or COULD question. In other words, this particular fiasco is in no way any of her doing. There is also no harm in HER serving an additional probation time....the harm in that is not to HER at all. The harm comes in the precedent set for other people in the future having their status changed at the whim of a judge, who is the one ultimately responsible for signing an incorrect order in the first place.

When HHJP makes his decision in this case, whichever direction he goes, it will be to the letter of the "law". If what Judge Stickland "stated" wasn't recorded correctly, nevertheless, it was stated and there are videotapes to prove it. HHJP's decision would not be considered a "whim", but rather the way it was/is. If Judge Strickland's order is to be upheld properly, to include the words "probation, AFTER her release", then that's the way it has to go. If the DOC Probation policy is in error for one not recording her violations of her probation AND not fulfilling the obligations of a probation officer to at least "show up" once a month to her cell door, I feel the court will have to judge this was not "probation". The court will do what it has to in order to uphold the law as it is written, period. Officer Finnegan (probation supervisor) stated there have been isolated cases that have served probation this way, not NUMEROUS. I would venture to say that HHJP will ask for those particular case files from Officer Finnegan before making a decision on this case rather than take her word for it.

 

[logicalgirl]

Or to look at it another way - how was she serving time for check fraud plea deal AND 4 counts of lying to LE (to run consecutively) at the same time?

My (unpopular) opinion is that she has served her probation while in jail. Additionally, she has served the time required for the check fraud charges (concurrently with time in custody/jail pending trial). What she has not served are the 4 years for lying to law enforcement.

Judge Perry is right about one thing - it is a mess. But as Grandmaj mentioned, they better get it straightened out before this "mess" becomes legal precedence.

Agree - it's an either/or but not a both - I don't think it can be both ways and agree, messy legal precedent coming up...Cause you are correct in saying she did not complete the four concurrent lying sentences - so what's it gonna be Mr. Baez, a year's parole or back to the clink for more jail time on the lying to LE charges? Eenny meenie miney moe!

 

[TotallyObsessed]

Can we stop using the word hater? Not everyone who didn't want her acquitted wants to do violent harm to Casey or see bad things happen to her. I'm going to wait and let karma do it's job, but I don't consider myself a hater. I am not harassing, threatening, or doing anything to Casey. In fact, I wish she would disappear from the spotlight altogether. I am no vigilante, and I don't intend or wish for anything bad to happen to Casey. I am disgusted she got away with this, but I don't hate her. I'm upset with our justice system for allowing this. I know many are really upset with this situation, but I am not among the people who wish or would do actual harm to Casey. I want to see justice done, but not at any cost. I respect those that disagree with my position, and I'm not sitting here calling anyone else names for disagreeing with me. Respect is quid pro quo, btw.

Thank you Aedrys. But I (only speaking for myself) have no problem being identified as a Casey Hater. In fact, I would wear a t-shirt and ballcap if there were any being sold somewhere. I will never, never, never get over the injustice done to Caylee in this matter. NEVER. Hate should not be a part of me....as it doesn't hurt FCA one bit. But I can't help it. It's there. And I will admit it any day of the week.

 

[charok]

Even more so. We know for a fact that KC was writing to another inmate...against the rules, had her attorney sneaking in contraband along with messages/letters from her parents (admitted in her jailhouse letters), and made an attempt through her attorney to have Amy H contact her to show there were no hard feelings in direct violation of HHSS order for her probation after her sentencing. So if this probation officer was monitoring her they did not do a very good job. At the time we were all appalled at JB's suggestion that Amy H should be encouraged to contact KC. jmo

lambchop, i can only hit the thanks button only once, otherwise, there would be a "thanks avalanche" going off on this one...violating the ( wasnt there a protective order against kc for ah, or was it just one of the conditions of the probation, ie not to contact her...) and her wonderfull( insert sarcasm here) lawyer encourage the victim ah to contact kc? ....is judge perry aware of this?? if not why isnt he???? yes he does need to do more research then..

 

[Just K]

Well at least Frank George made it known that this type of probation is not what the Judge ordered and questioned in general whether this type of probation is acceptable practice. Since it is contradictory to what Probation is meant to accomplish, he questioned exactly what were the things that Casey could have done while on probation in PC. .

Probation is to guide and allow for a smooth transition into the law abiding society of a former prisoner. It is to tack their progress, to drug test them, to assist them in finding job opportunities and to ensure that they are not committing illegal activities. None of which can be accomplished while a person is still behind bars.

My personal opinion is that these probation agents are under paid, over worked and took the easy way out on this one. If you are going to have mandatory max in FLA you must provide for the process to not be side stepped for the probation. It is not meant to be served while in jail.

And, universal and minimum sentencing which is not open to interpretation by an Administrative Division (DOC) of the State.

 

[krt]

I think what is upsetting is that the Judge said you can't serve a sentence and probation at the same time. If she was serving her probation for a year the Judge, according to what he said today in court, cannot consider that time toward the sentence he gave KC. So technically she still has another year, right. Also the defense never mentioned it when the judge and defense were calculating her time and they admit they already knew she technically served her probation. Was that intentional? Of the two, I'd rather do the one year probation. She is not being punished and as I said before I think it will do her good. She can get a job, other than Hustler, oh please let Judge Perry consider that was a legitimate offer and suggest that she get a real job. She could take some classes online and just take a year to get her life back together. I think everyone should just leave her alone and let the system get her back on track. I wonder if she were to take some paralegal courses could she work parttime in the law offices of one of her attorneys. This would fulfill her requirements.

As it stands now she is running like a criminal and IMO that will lead her to do some desperate things to keep from getting caught. Not a good situation for her now. If she gets a job in Orlando people will just get use to the idea. Another thing if, and I say IF, KC truly wants to start her life over and ask people to forgive her, that she made a terrible mistake and is ready to be a responsible citizen she will appear on the Today show tomorrow without benefit of any money. Not to answer questions because she has civil matters pending but just to say I'm sorry and please help me get on with my life by understanding I made some very big mistakes and I'm ready to acknowledge them. jmo

BBM Dam straight it was intentional and in my eyes COMPLETELY UNETHICAL and the Florida bar needs to be made aware of this as well! Chalk one more unethical/slimey move by the DT!!! :banghead:

 

[Searchfortruth]

He didn't step down from the check fraud case. He stepped down from the murder case.
Two different cases.

.

Yes, I know. I was pointing out that JP did make it clear, today in court, that JS was still on this case when his order was given. Some posters had commented that they wished that JP had said this today, I was posting that he did say it.

 

[MEM2010]

I am so confused...

 

[UdbCrzy2]

If they allow someone to serve probation while they are incarcerated won't that open the door to ALL of those incarcerated to do the same thing?

I really think they goofed up on this one. I guess they thought she would be convicted on the murder charges.

 

[Aedrys]

Thank you Aedrys. But I (only speaking for myself) have no problem being identified as a Casey Hater. In fact, I would wear a t-shirt and ballcap if there were any being sold somewhere. I will never, never, never get over the injustice done to Caylee in this matter. NEVER. Hate should not be a part of me....as it doesn't hurt FCA one bit. But I can't help it. It's there. And I will admit it any day of the week.

I respect that. I admit, if something did happen to her, I wouldn't be all that upset. But I don't wish any harm on her nor would I do any harm to her. I just get the feeling that some feel like anyone who disagrees with the verdict is stalking Casey and trying to find a way to do vigilante justice, or would want Casey to suffer any punishment even if it wasn't right by law or went against her rights. I am not one of those people. If she gets probation, great, especially if she gets stuck in Orlando to do it. It'll be something that follows the law that she deserves. If she doesn't, great, she can disappear and find a way to make in a world she doesn't want to be productive citizen in. Either way, in my book, karma is going to get her. But I'm not letting Casey rule my life anymore either. I do appreciate the honesty and respect, though. :rocker:

 

[ExpectingUnicorns]

Judge Perry said today that you cannot serve a sentence and probation at the same time. Could they have meant it's not uncommon while in jail awaiting sentencing for another infraction? Not sure what purpose probation can serve if you are serving a sentence at the same time. Why bother imposing probation in the first place?

Thank you, LambChop; this is how I heard it explained. That if you were incarcerated on new charges you can serve the probation, while incarcerated, to fulfill the probation requirements on any prior charges. The distinction here is that she was serving both incarceration and probation times concurrently on the same charges. By logic, alone, that is self defeating.

 

[logicalgirl]

I read that too .. somewhere ..
My thought was they were tracking where she was in the system ... and NOT that they were tracking how far along she was in her probation ... JMO
I would be very interested to know how exactly probation works for convicts who've opted to serve a bit more time in jail/prison so they have no probation when they get out ... referred to as "killing the paper" I think ... Do they have to actually meet with a PO monthly and discuss plans when they get out ??

I didn't read it - I heard the DOC probation supervisor say it this am.

 

[logicalgirl]

I respect that. I admit, if something did happen to her, I wouldn't be all that upset. But I don't wish any harm on her nor would I do any harm to her. I just get the feeling that some feel like anyone who disagrees with the verdict is stalking Casey and trying to find a way to do vigilante justice, or would want Casey to suffer any punishment even if it wasn't right by law or went against her rights. I am not one of those people. If she gets probation, great, especially if she gets stuck in Orlando to do it. It'll be something that follows the law that she deserves. If she doesn't, great, she can disappear and find a way to make in a world she doesn't want to be productive citizen in. Either way, in my book, karma is going to get her. But I'm not letting Casey rule my life anymore either. I do appreciate the honesty and respect, though. :rocker:

It's one thing for me to raise my hand and (LG raising hand..) and say yes, I really dislike... FKC, but would I ever commit any kind of violence against her? Absolutely not - under any circumstances...risk my freedom for hers? Not a chance - ever!

 

[RiverRat]

InSession via Beth reports that there will be no decision rendered until after next tuesday.

Haters?! Hearts Against Those Enabling Rancid Sinners?!


RR

 

[grandmaj]

This was considered by many Talking Heads, legal analysts etc., the trial of the century. Every effort was taken to bend over backwards to protect the constitutional rights of Casey Anthony.

Now, why in heaven's name would an Administrative Arm of the State not seek guidance before going off on their own accord regarding this probation? These people are not the judge. They are employees of the State of FLA. If this case dropped in my lap as an employee of the State of FLA I surely would have been asking questions before going off half-baked and making it up as I went.

 

[LancelotLink]

This is what got me LL. We were here reading those logs for 3 years. How did we miss it?

I dunno.

 

[Aedrys]

It's one thing for me to raise my hand and (LG raising hand..) and say yes, I hate FKC, but would I ever commit any kind of violence against her? Absolutely not - under any circumstances...risk my freedom for hers? Not a chance - ever!

Exactly! I dislike her greatly, but I can be civil about it. Even those who hate her can be civil about it. That's what I'm talking about. We're not savages against Casey if we don't like her.

 

[RR0004]

I'm not sure I get your point :waitasec:

I took it as she could always opt for Plan B...meaning she should be thankful no prison...just doing only real probation. Oh...now I'm confusing myself!!

 

[Tiki]

Yes, I know. I was pointing out that JP did make it clear, today in court, that JS was still on this case when his order was given. Some posters had commented that they wished that JP had said this today, I was posting that he did say it.

Sorry - I just used your post as a jumping off point and should have made that clear.

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