2011.08.05 Hearing on Casey's probation

[BuzzieCat]

Just asking? How much jail time did KC get for the check fraud?

Time served - 412 days.

ETA: Duh, plus the much-disputed year of probation to be served after release from jail.

 

[RR0004]

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

LC...can you refresh my memory? When did Jose ask AH?
TIA

 

[EPfan]

Time served - 412 days.

ETA: Duh, plus the much-disputed year of probation to be served after release from jail.

I guess what I'm asking is What was the Sentence for the Check Fraud?
How much jail time was she sentenced for the check fraud only.

 

[RR0004]

I was thinking the same exact thing? Where is the punishment for lying to police conviction if she was serving time in jail on the check fraud and then was on probation while in jail? Why didn't they start calculating her time for lying to police after she served time for check fraud?
:banghead:

IMHO...they should have. Are we 100% sure of how the time was calculated...and if it was meant to be calculated that way? If not, perhaps something the media could look into?

 

[EPfan]

Time served - 412 days.

ETA: Duh, plus the much-disputed year of probation to be served after release from jail.

OK, I was thinking and remember now that they didn't put an exact time because KC had already served more than the sentence would have been.

 

[RR0004]

I guess what I'm asking is What was the Sentence for the Check Fraud?
How much jail time was she sentenced for the check fraud only.

Time served which is (I thought) 412 days...but this is starting to feel like "Who's on First?".

 

[BuzzieCat]

OK, I was thinking and remember now that they didn't put an exact time because KC had already served more than the sentence would have been.

Time served which is (I thought) 412 days...but this is starting to feel like "Who's on First?".

JS' exact words were "time served, 412 days." As far as I know, he never said anything beyond that. IMO, though IANAL, that 412 days should be subtracted from any credit for time served that she was given for the lying charges. I'm under the impression that it was also counted for the lying charges, in addition to time off for good behavior. I'm a little fuzzy on that, maybe I am wrong. I would like to see some accounting of just what credit she was given for what. She was supposed to have 4 years for the lying and then a percentage off for good behavior and time served. I'm just wondering if they gave her the 412 days again for the lying.

 

[cuppy199]

Wow with all the errors that have been going on you would hope that JP would recheck the time served something differently isnt adding up. I could be wrong and Im not a lawyer or a judge but it seems someone might of got out of jail a little to soon.

 

[EPfan]

This is sickening! The defence knew she was in there for the fraud charges & that they were seperate from the lying. Why do they get away with with holding this info from the courts? This is so twisted, they all are. Can JP go back & fix this?
The law is the law! She should be serving ALL her time & not be able to walk away.

This would be a mistake by JP, if there is an error. I believe JP had to do what he did because KC was sentenced, time served and an amount of days wasn't established. Therefore, who knows what Time Served was because the people involved didn't see KC going free. I don't think anything will be different about the days in jail. I think the problem is just about the probation now. It will be interesting what JP decides. I may be surprised but I really don't think KC will be punished for a mistake by the probation office. The State had to have known that KC was visited by a probation officer because they read all mail and monitored all visitation and reviewed the tapes. The state took for granted that KC was going to be found guilty, so at the time is wasn't important to them.

 

[logicalgirl]

Wow with all the errors that have been going on you would hope that JP would recheck the time served something differently isnt adding up. I could be wrong and Im not a lawyer or a judge but it seems someone might of got out of jail a little to soon.

Seriously - three years for 17 charges, 13 of which are felonies, with one years probation wrapped up in those three short years! There'll be rioting in the jails across the country when word of just how short this sentence was gets around....

 

[LambChop]

LC...can you refresh my memory? When did Jose ask AH?
TIA

It was at a news conference right after KC was sentenced for the fraud charges. The way JB said it made it sound as if KC wanted AH to forgive her and restart their friendship. Can't remember the exact wording but at the time we were all saying "What?" jmo

http://www.wftv.com/video/22343252/index.html Here it is: KC misses her friends and should AH ever want to contact my office she should feel free to do so. Normally not a bad statement but the judge just ruled KC was to have no contact with AH and here JB is attempting to open that door for contact. jmo

 

[EPfan]

I was thinking the same exact thing? Where is the punishment for lying to police conviction if she was serving time in jail on the check fraud and then was on probation while in jail? Why didn't they start calculating her time for lying to police after she served time for check fraud?
:banghead:

What I think is because there never was an amount of time(days) assigned. It was just time served. She the judge didn't have a way of knowing when the sentence ended, and you can't just make up a date.

 

[rotterdam]

Just asking? How much jail time did KC get for the check fraud?

412 days, equal to time already served for the "in jail no bail" on murder 1 charge.

 

[BuzzieCat]

This would be a mistake by JP, if there is an error. I believe JP had to do what he did because KC was sentenced, time served and an amount of days wasn't established.

He did specifically say time served, 412 days. He specifically said the 412 days. That IMO should be taken off the credit for time served that she got for the lying.

How can she be given 412 days for check fraud (a year and 47 days), then 4 years for lying (total for both sentences added together would be 5 years and 47 days), serve 3 years, and be out now? Shouldn't she have at least a year left? I have no idea how the good behavior percentage would be factored in, but I thought it couldn't be more than 15% ?

[ame="http://www.youtube.com/watch?v=8mwR98r9KDo"]‪Murdered Tot's Mom Sentenced for Check Fraud‬‏ - YouTube[/ame]

 

[rotterdam]

I guess what I'm asking is What was the Sentence for the Check Fraud?
How much jail time was she sentenced for the check fraud only.

Time served after check fraud of 412 days, for LE lying conviction, comes to around 570 days for a 4 year conviction 4x365=1460 days. Give a take a couple of days. Just mind boggling.
It appears that the lying to LE conviction of 4 years ran concurrent with 412 days for check fraud ( the intention of JP?) and also concurrent with the probation sentence of one year (unknown to JP?).

 

[com n sense]

This would be a mistake by JP, if there is an error. I believe JP had to do what he did because KC was sentenced, time served and an amount of days wasn't established. Therefore, who knows what Time Served was because the people involved didn't see KC going free. I don't think anything will be different about the days in jail. I think the problem is just about the probation now. It will be interesting what JP decides. I may be surprised but I really don't think KC will be punished for a mistake by the probation office. The State had to have known that KC was visited by a probation officer because they read all mail and monitored all visitation and reviewed the tapes. The state took for granted that KC was going to be found guilty, so at the time is wasn't important to them.

Thanks Epfan. So you are saying that JP knew & did add both these charges together? I don't know if the state knew or not, but I do know the twisted defence did & tried to pull a fast one.
JP is human & makes mistakes like we all do. I can't understand why, if he did make a mistake, why it can't be corrected?
You can bet your life on it being corrected if it was in her favour.

 

[rotterdam]

Thanks Epfan. So you are saying that JP knew & did add both these charges together? I don't know if the state knew or not, but I do know the twisted defence did & tried to pull a fast one.
JP is human & makes mistakes like we all do. I can't understand why, if he did make a mistake, why it can't be corrected?
You can bet your life on it being corrected if it was in her favour.

The original calculation , done by JP, was within a couple of days of the DOC calculation later on , with the DOC calculation being several days more.

 

[rotterdam]

Thanks Epfan. So you are saying that JP knew & did add both these charges together? I don't know if the state knew or not, but I do know the twisted defence did & tried to pull a fast one.
JP is human & makes mistakes like we all do. I can't understand why, if he did make a mistake, why it can't be corrected?
You can bet your life on it being corrected if it was in her favour.

It looks to me that they wanted KC out of their hair. JP came up, on purpose, with a sentence for the lying charges that was very close to time already served after DOC massaged the numbers..
Sentencing to the max, would also not allow for pesky customary probation. Running the lying sentence concurrent with a previous sentence, allowed him to have KC out of jail close to time served and just a little bit over. If under the time already served , DT could have made noise about the incarceration in excess of sentence time. They just played with the numbers to make it come out to one
objective. Getting KC out of the system and out of Orlando .JMO.
Not a coincidence IMO that total time served was practically identical to the lying sentence plus fraud sentence..

 

[lauriej]

The original calculation , done by JP, was within a couple of days of the DOC calculation later on , with the DOC calculation being several days more.

..as i understand it, the OCC/Jail does the calculation. ( and not the judge).

------this was released earlier, explaining the 4 day discrepancy on her release from jail date.

http://www.wesh.com/casey-anthony-extended-coverage/28523075/detail.html
Memo Explains Casey's Release Date Calculation

------snipped------

Inmate Casey Marie Anthony was found guilty of four (4) first degree misdemeanors on July 5, 2011. In anticipation of the announced sentencing on July 7, 2011, jail staff began to calculate possible outcomes in order to be responsive to the Court.


Initial computations indicated, based on a sentence of four (4) one (1) year terms, inmate Anthony was eligible for 240 days of “statutory gain time”, awarded at the rate of 5 days per month for each of the 48 months. In addition, inmate Anthony was eligible for “constructive gain time”, as authorized by County Ordinance due to her Protective Custody status.

Calculations yielded a projected release date of 8/25/11.


On July 7, 2011, Orange County Corrections advised the Court of the projected release date of 8/25/11.

Shortly thereafter, the Court issued an order awarding Ms. Anthony to 1043 days time served.

In an effort to respond quickly to the Court, Corrections staff recomputed the projected release date".

..now that the whole issue of probabtion has been brought up again------i see NO reason why the calculation of time served can't be re-calculated AGAIN to see if an error was made as to her release date.

..if she was erroneously credited time for the lying sentence (that had already been used for the check sentence ) she should GO back in and do those additional days.

..if judgeS can amend an order b/c of a simple error-----judgeP can amend his as well.

 

[Searchfortruth]

So, Casey was granted 240 days, off of her sentence, for statutory (regular) gain time and another 240 days off, for constructive gain time ? I did look up OC policy on gain time, as I was curious, and found the following...

STATUTORY GAIN TIME:

Statutory gain time will be automatically credited at the rate of five (5) days for every thirty (30) days of an inmate’s sentence. Statutory gain time will not be granted for incarceration periods of less than thirty (30) days.

CONSTRUCTIVE GAIN TIME:

Inmates who are unable to work or participate in programs but who constructively use their time may be given constructive gain time. A maximum of five (5) days for every thirty (30) consecutive days housed in confinement for reasons other than disciplinary is allowed.

http://www.orangecountyfl.net/Porta...orrections/docs/InmateHandbookEnglish0609.pdf

I guess Casey used her time constructively, while in Protective Custody ?