2011.08.05 Hearing on Casey's probation

[NSS]

Maybe someone can answer this, sorry if it's been posted, but it just dawned on me. If FCA did probation in jail, wouldn't she have violated her probation for writing those letters to the inmate. Didn't the gaurd get fired over this also?

I think the letters were written before the 'probation' began in Jan 2010. So she shouldn't have had model prisoner status but she didn't violate her probation if I am recalling correctly.

 

[LambChop]

Makes me wonder why they were saying she was a model prisoner. Nothing means anything anymore. Just utter nonsense everywhere I look.

Well, maybe they feel she wasia model prisoner because when she was getting rid of those "contraband" letters she was able to rip them into small enough pieces so that it did not clog the drains. jmo

 

[For The Kids]

Please do not be upset at our justice system, anyone. It is not perfect, but move to another country and tell me about being stoned to death or slashed to death simply because you are a woman and they can. Tell me about a loved one brutally murdered but the country is out of control and no one has a court system.

Well had it happened here..she would at least have done jail time for the way she disposed of Caylees body so maybe justice in other countries isnt so bad

 

[FLmom777]

CM called this stupid, but it was obviously important enough to bring JB home. If JB came home, you can bet that KC also returned, just in case they did not get a stay and hearing. After the dt stated she would not report, they evidently realized that they could be in jail, if not for contempt but for obstruction of justice. I think they got nervous about it and all showed up to try and present an image of compliance.

 

[Just K]

...and if I'm to believe what HLN says, there isn't any Florida case law about this "mess" so he may have to look elsewhere before issuing the order.

If there is no case law then his decision can and will be the case law.

 

[NSS]

If KC is only inportant to the defense team them WHY are so many people still interested in the case?


? FORGET IT leave the case alone and DO NOT RESPOND then it will die down.

FCA isn't important to me, children (all children) are, and I believe that the justice system got this one wrong, in fact several wrongs.

I hate to see bad behavior rewarded. it makes it difficult for me to tell my children and grandchildren that 'cheats never prosper', that being honest and doing right is worth MORE.

Seeing FCA not face consequences and in fact reap the rewards of her bad deeds makes me fear what sort of message we are sending to the generation that will care for me in my later years. That's why it (and by default she) matters to me.

 

[Robinez]

The DT's own witness said no one from the probation office made visits to FCA while she was sitting in prison during trial. Obviously she could not go to their offices. She did no reporting of any kind nor did she meet the usual probation terms.

Let's look at what a probationary term usually entails and compare that to what FCA satisfied in regards to that. Me thinks it will be pretty close to nil.

This analogy may seem farfetched. But there are things about this case nobody's ever seen...

Say she was sentanced to served 6 mos incarceration for something. "Mistakenly" she was put under house arrest and served her term. She indeed did 6 mos of some form of penalty, but it wasn't what the judge had in mind when he sentanced her.

The judges INTENT is what should be followed. He intended for her not to be able to take bathes and showers when she wanted, he intended for her to eat what was served to her, his intent was for her to BE PUNISHED. And if her DT knew all along that she wasn't serving the sentance that she was given then they should be in trouble because going against an order of a judge is a serious offense.

It is the same thing here with this probation snafew. The intent was for her to answerable to an entity. To be a law abiding citizen. To have to pay for your supervision. To gain lawful employment.

Did she ever gain employment? Did she pay her weekly dues? Did she find housing? Was she given a ny random drug tests?

Probation is also a form of punishment. The main reason is to make sure society can feel a bit safer knowing that criminals are monitored at the point of release. Without just sending a felon out there among us without close supervision.

Instead, we now have a convicted felon on our streets without any probation or probationary intagration into our community's.

I have never heard of a Judge sentencing someone to 10 yrs in prison and also 5 yrs probation to run conncurant. <sp>

TC, Robin

ETA If she gets away with serving probation in jail, I am afraid he will start a precident. I think thats why HHBP is so focused on not making a desicion quickly. He has always been on the side of the law and that's the only hope I have that FCA will finally have to do something she doesn't want to do.

 

[ExpectingUnicorns]

If KC is only inportant to the defense team them WHY are so many people still interested in the case?


? FORGET IT leave the case alone and DO NOT RESPOND then it will die down.

RBBM for response: Because of Caylee Marie Anthony and the future of our children.

 

[rotterdam]

I'm curious... what exactly are you all hoping to change regarding the jury system? I've heard rumblings for years that some want to have a group of "professional" jurors put in place, and I can think of a dozen reasons why that would be ineffective. One big reason is, the state would have to pay them and pay them well, because they would be working non-stop. I don't think there are many states that can afford it.
We're all entitled to have a jury of our peers, and everyone has a 50-50 chance of being convicted or walking out free. Isn't that pretty fair??
There have been plenty of innocent people who were convicted and some were already dead by the time they were exonerated. I don't see the big public outcry over that, do you?
I'm not trying to start an argument, just giving my opinions. But I think the jury system is just fine the way it is now. We can all be upset and angry that she was acquitted but it's not going to change a thing where Casey is concerned. Sometimes Life just sucks and there's not much we can do about it in the end, except deal with it.

I personally think that the jury pay should be upgraded. Looks like they do not even get minimum pay. At one time, many employers would make up for the difference but those days are long gone. Where I used to work, when an employee got a call for jury duty, you just gave it to H.R. and they took care of it. Amazing how even employees low on the totem pole suddenly became indispensable. The old adage, you get what you paid for applies here. .

 

[ExpectingUnicorns]

If there is no case law then his decision can and will be the case law.

This is what confuses me. If there is already no "letter of the law" for HHJP to follow then, IMO, he should go with the "spirit of the law," which appears to have been very clearly stated by Judge Strickland as well as the true intent of parole.

And, you know what? He shouldn't have to worry about appellate issues at this point, either!

 

[JSV]

If KC is only inportant to the defense team them WHY are so many people still interested in the case?


? FORGET IT leave the case alone and DO NOT RESPOND then it will die down.

Everyone is interested because she murdered her baby and threw her in the swamp to rot and her remaines scattered by animals .Most of us love our children and just can't imagine even harming our childrem much less duct taping and murdering your child like that monster did her baby daughter .It breaks our hearts and we want JUSTICE for Caylee Marie Anthony because most of us know CFCA damn well murdered her . Yes we are angry as hell .But the *advertiser censored* as jb called her got away with murder .A jury should have been picked from Orange County because the jury that was picked sure as hell didn't care about a baby being murdered . Some of them was in a hurry to get to the media and start making blood money off of a murdered baby just as her family is doing .I repeat again yes we are mad as hell .

 

[Robinez]

Here are key facts presented today.

1. The probation office never sought to understand through clarification with Judge Strickland what the terms of the probation were.

2. The Probation Department waived the Administrative fees for the probation because there were no administrative costs. Casey was in jail.

3. Baez and Company knew that the probation was not being carried out as ordered by the Judge. They did not make the court aware of this.

4. The State did not know that Casey's probation was being carried out behind bars.

5. The probation officer visited only one time for intake. The rest of the time checked computer records or called to make sure Casey was still in jail.

6. Administrative decision was made since there was no idea when she would be released not to toll, i.e. wait for the probation to start until release.

7. The judge asked questions about whether the Administrative decision while complicated met the terms of the law citing case law.

Probation officers have loads of cases. I think she took one look at this and thought to herself "Well this will be an easy client"..all the while knowing that this wasn't right...

 

[LambChop]

This analogy may seem farfetched. But there are things about this case nobody's ever seen...

Say she was sentanced to served 6 mos incarceration for something. "Mistakenly" she was put under house arrest and served her term. She indeed did 6 mos of some form of penalty, but it wasn't what the judge had in mind when he sentanced her.

The judges INTENT is what should be followed. He intended for her not to be able to take bathes and showers when she wanted, he intended for her to eat what was served to her, his intent was for her to BE PUNISHED. And if her DT knew all along that she wasn't serving the sentance that she was given then they should be in trouble because going against an order of a judge is a serious offense.

It is the same thing here with this probation snafew. The intent was for her to answerable to an entity. To be a law abiding citizen. To have to pay for your supervision. To gain lawful employment.

Did she ever gain employment? Did she pay her weekly dues? Did she find housing? Was she given a ny random drug tests?

Probation is also a form of punishment. The main reason is to make sure society can feel a bit safer knowing that criminals are monitored at the point of release. Without just sending a felon out there among us without close supervision.

Instead, we now have a convicted felon on our streets without any probation or probationary intagration into our community's.

I have never heard of a Judge sentencing someone to 10 yrs in prison and also 5 yrs probation to run conncurant. <sp>

TC, Robin

ETA If she gets away with serving probation in jail, I am afraid he will start a precident. I think thats why HHBP is so focused on not making a desicion quickly. He has always been on the side of the law and that's the only hope I have that FCA will finally have to do something she doesn't want to do.

I have to disagree that probation is a sentence even though most people view it as such. It's a transitional period to get the felon back into society, help them find a job and make sure they are abiding by their probationary requirements. JP said this in court today. Once they've completed their probation they are free to live their life as they chose. It's only when they mess up on probation that they go back to jail to serve their full sentence. So this could help her get back into society and put her into a job. Nothing negative about it except it could be messing up big plans to make some money off of KC's crime. It also tells me defense may feel she could not do a year without getting herself into trouble. jmo

 

[Robinez]

If you research through other cases of check fraud and forgery you will find that many, if not MOST, first time offenders get NO JAIL TIME at all for the same charges as CA faced. They are put on diversion programs, limited probation terms, etc. So in essence, she WAS treated differently from other offenders....she was sentenced much more harshly than an "average" person would have been.

jmo

The court was aware of previous acts. The theft of her GParents $ etc.

The Average Person doesn't steal from friend either. That shows the Judge the type of person he is dealing with.

TC, Robin

 

[denjet]

I have to disagree that probation is a sentence even though most people view it as such. It's a transitional period to get the felon back into society, help them find a job and make sure they are abiding by their probationary requirements. JP said this in court today. Once they've completed their probation they are free to live their life as they chose. It's only when they mess up on probation that they go back to jail to serve their full sentence. So this could help her get back into society and put her into a job. Nothing negative about it except it could be messing up big plans to make some money off of KC's crime. It also tells me defense may feel she could not do a year without getting herself into trouble. jmo

Agree that it should be a positive step forward ... becoming a law abiding, productive member of society ... a new start ... but we know KC has NO interest in that ... didn't even get her GED while she was lazing around in jail ... she has no interest in doing things the way all the stupid, honest people do ...
Nope, she (and Baez) want to be free to wheel and deal and sell KC's story of her crime ... probably not pay taxes and hide income ... probably hide money from law suits and liens ... yep on probation, KC would be monitored and she WOULD most definitely end up back in jail ... IMO

raying: Please, Judge Perry, make it stop !

 

[krkrjx]

Well, I expect the judge will rule with whatever the law mandates. If it is in fact a law that a judge's oral statement of sentence prevails over the written order, then this situation should be easy to resolve.

I once saw a judge sentence a murderer to 25 years in prison and then look the guy in the eye and state that he was very disappointed that he could not sentence him to more time, but 25 years was the max the law allowed.

So, judges are not happy with their own rulings, sometimes. If a law is specific on an issue, there is nothing the judge can do to circumvent that law. The judge's hands are tied in many situations. And sometimes they do not like it any more than we do.

 

[Robinez]

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?

They way I look at it is this: You are on probation for stealing your friends check. Then you are accused of robbing a grocery store and are sent to jail. You don't have the funds to bail out, consequently you can't report to your PO.

Because you haven't been convicted of anything you just dont have the $ to get out; you are still allowed to continue your probation for the previous offense while incarcerated. Otherwise you would be in violation of probation. After all, some folks ARE innocent of charges and it would be a violation of your rights if you served time for a violation of probation while fighting another charge. It would be a terrible mess if you were found not guilty of the subsequent charges, yet still had to serve time for a violation of probation.

THAT is the only reason someone should serve Probation while in jail. And none of it fits with FCA.

 

[rotterdam]

I still don't understand why no one is mentioning that the time for the Lying convictions was backed up to include the time she was apparently on probation - how is that possible? I will now "swan" over myself to Mr. Hornsby myself and ask him about that....Let's see if he will answer...

Okay - question asked - waiting waiting for clarification!

Me too on that magical calculation. However, if Hornsby is right, then those 7 withholding adjudicated charges are also back in the picture if admin probation would be applied. Wonder if lying being indigent is also a violation of probation.:great:

 

[Katana]

JB's financial life is on the line with this probation. I imagine it will put a damper on his agenda to make a living off FCA. I believe it already thwarted his plans because he sold those first pics earlier than he wanted. He had to get them out there just in case she was required to show up in Orlando then no price tag for 'first pics out of jail.'

 

[Hoodie]

I find fault with the arguement that she could be in danger (ha!) if placed under probation.

Wouldn't that apply to any fool on probation in which someone might have a grudge? Just because one has an I hate you webpage shouldn't stop probation...

I know, her face is known to millions, but I don't see it as a legal arguement.

I just want her life to be a living hell or a very hot purgatory! Lol.


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- OM$.02=only my two (non)cents
You know I'm not a professional and don't claim to be! Lol.