Andrea Lyon New DP Atty

[Kentjbkent]

*snipped from news article

It will come in the form of a motion arguing there is insufficient evidence to support a murder charge against Casey Anthony.
I wonder if this is a clue....I will be anxious to read the motion once it is filed to see if AL is actually going to argue against the charge of "murder" only which might be a clue to whether the defense is going to argue involuntary manslaughter, accident, etc....

Or is that particular wording the media's take on what she will argue?

I expected AL to eventually argue in court that there was insufficient evidence to support the death penalty (like that other guy attorney in the past), and wonder if maybe THAT is what motion she is going to be filing...

 

[Intermezzo]

I just read about that upcoming motion in the news thread. Here's the link for those who might not have seen it yet.

http://www.wesh.com/news/20604174/detail.html

I haven't been following this thread about AL but I thought she would be a more...hmm how do I put it?...a more "legit" lawyer than JB. If she makes a motion for dismissal for "insufficient evidence" it will be difficult to take her seriously. I don't really care if KC's attorneys waste their time, but I think something like this is a ridiculous waste of the court's time and the people's money.

I can't even think of anything else to say at the moment - I've been shaking my head since I read that and any minute I'm going to put my finger to my lip and go blb, blb, blb, blb! (Sorry, I looked for a smile icon to demonstrate and couldn't find one.)

Here's a couple to give an idea of my thoughts on this but they don't go far enough!

:furious: :waitasec: :doh:

snipped from article, link above

" a motion arguing there is insufficient evidence to support a murder charge against Casey Anthony."

IIRC I remember AL said she would present a motion showing there is insufficient evidence to support the State seeking the Death Penalty.

She was brought on because she is a DP qualified lawyer and Baez is not, IF, and I repeat IF, she succeeds and gets the DP off the table Baez really wouldn't need her DP lawyer skills any longer or will she remove herself from the case, since her job would be done.

 

[Intermezzo]

*snipped from news article

It will come in the form of a motion arguing there is insufficient evidence to support a murder charge against Casey Anthony.
I wonder if this is a clue....I will be anxious to read the motion once it is filed to see if AL is actually going to argue against the charge of "murder" only which might be a clue to whether the defense is going to argue involuntary manslaughter, accident, etc....

Or is that particular wording the media's take on what she will argue?

I expected AL to eventually argue in court that there was insufficient evidence to support the death penalty (like that other guy attorney in the past), and wonder if maybe THAT is what motion she is going to be filing...

BBM
That is what I believe the motion will be about...insufficient evidence to support the Death Penalty..but I could be wrong, we shall see when the motion is filed.

 

[Spangle]

[/B]

BBM
That is what I believe the motion will be about...insufficient evidence to support the Death Penalty..but I could be wrong, we shall see when the motion is filed.

She must think she is in a different state. In Florida, death during child abuse is enough.

If she died while taped up, then she died during child abuse. End of story.

I think the only way her death wouldn't be DP eligable, is if it was an accident. And KC would have to admit the whole thing for us to know it was an accident. She said during the interview that it was not an accident.

So good luck with that AL. However, I doubt she would get the DP.

 

[Just Jayla]

snipped from article, link above

" a motion arguing there is insufficient evidence to support a murder charge against Casey Anthony."

IIRC I remember AL said she would present a motion showing there is insufficient evidence to support the State seeking the Death Penalty.

She was brought on because she is a DP qualified lawyer and Baez is not, IF, and I repeat IF, she succeeds and gets the DP off the table Baez really wouldn't need her DP lawyer skills any longer or will she remove herself from the case, since her job would be done.

If LE believes that KC placed the duct tape over Caylee's mouth before she killed her, than there is no skirting the seeking of the DP-It is homicide while in the commission of child abuse-Isn't that a special circumstance?

AL would ultimately have to argue that KC did not kill Caylee (duh), and if it is found that KC did kill Caylee, she would have to argue that KC did not put the tape on Caylee while she was alive.

ETA: Or, as alluded to here before, she would have to claim KC is plum crazy!

 

[ExpectingUnicorns]

I may be waaay wrong here but I think the child abuse allegation stems from Caylee being missing for 31 days without her mother reporting it. What else could they have based it on since she was charged with that before the murder charge?

 

[Spangle]

I may be waaay wrong here but I think the child abuse allegation stems from Caylee being missing for 31 days without her mother reporting it. What else could they have based it on since she was charged with that before the murder charge?

yes, that is where the original charge came from. But that charge was dropped when they charged her with murder.

Taping the child the way it's been described Caylee was found, is considered child abuse. If she died because of the abuse, or during the abuse, then she could get the DP. The SA would have to report that it was DP eligible.

Since the SA are asking for the DP, then it's a guess that they believe the death happened during abuse. But it could be for another reason.

 

[chefmom]

I say "bring it"!!!
I've been sitting here for months waiting for this Big Reveal that shows their client to be innocent. (not, not-guilty, but innocent) Please....share with the class! George said last year that we would be surprised....big surprise...big secret...Baez has been saying forever that "it's all going to make sense when we tell you".

Bring it!!! Quit filing frivolous motions and just bring it already!

Right on, Kew! You tell 'em! (Are you wearing a cheerleader uniform right now?)

 

[chefmom]

Don't forget the decomp in the trunk, and the death indicators on the hair!

And, the chloroform, and the computer searches, and the tattoo, and the mysterious bandit squirrels that kept dying under her hood!

 

[chefmom]

bbm: I think they kinda have to do these motions out of due diligence to KC. I would rather see them file a 100 motions like these and know that on appeal every base has been covered. But I do agree with you 100% on what you say.

And I agree with you 100%! I hope they cover every base no matter how ridiculous it may seem so that when she is found guilty, they will have no room to say something wasn't done properly.

 

[Kentjbkent]

yes, that is where the original charge came from. But that charge was dropped when they charged her with murder.


Since the SA are asking for the DP, then it's a guess that they believe the death happened during abuse. But it could be for another reason.

Can't remember, but didn't some information come out in the media in the form of a release of discovery and then the prosecution announced they were seeking the death penalty again? (or vice versa)

Was that when the duct tape on head info was released?

 

[lin]

I am not so sure that the defense ppl won't find something to base an appeal on, I expect they will. Doesn't mean it will fly, or even if does get heard, that it will change anything in the long run.

This is one case that doesn't depend on the precise details.. it doesn't matter if Caylee died on the 15th of June or the 16th, for example..and no simple clerical error is going to derail it either..

It is not worth squabbling over minor discrepencies, they occur in every trial, and I am sure this one is going to have it's share.. what counts though is what the jury has to say, and if they are a jury of average, everyday, fair minded people, then justice will be served.

Oh, one can always appeal but the trick is to find an issue that will cause the appellate panel to overturn the verdict or send the case back to the trial court. You're absolutely right, no matter what, there will be appeals. What the judge and state are trying to avoid is allowing anything to happen that could make for a successful appeal and cause them to have to retry the case. I'm confident they're always careful but with the mountain-range (more than just a mountain) of evidence they have in this case, I'd bet they're being even more careful than usual, kwim?

I know some may disagree or even just are more cautious so as to not take a guilty verdict for granted, but imo it's the state's case to lose at this point; no way the defense could "win." Everything I hear from the defense seems to indicate to me they agree with me. For example, if they really have evidence that would prove KC innocent, not just get her acquitted, but prove her innocent as they claim; not only why do they let her sit in jail for two years (maybe more) before trial but why are they so desperate to get the dp off the table?

 

[lin]

That was before the body was found, and it was the OCSO that spent time and money compiling all the Tips Baez had asked for, and he balked at paying around $800 for them, IIRC.

The large calendar issue was resolved by Baez sending some interns out to take pictures of the large calendar, also IIRC. I don't recall Judge Strickland making a huge issue out of it with the prosecution, either. Basically, he said Git'r Done. heh

Thanks. That's more like how I remember it and what the reporting from around that time indicated. Wasn't there some mix-up with the name of one of the interns that was sent to photograph this or am I the one mixed up? He/she had a name similar to another player... ringing any bells?

Anyway, from the original thread on the 1/8/09 hearing, this is how Lanie described it "live":

"Baez wants copy of AL timeline. Pros. says it is size of desk blotter, and they have no way to copy it. Offered inspection to def months ago. Baez says he can take pic of it, pros. says fine."

[ame=http://www.websleuths.com/forums/showpost.php?p=3142885&postcount=961]See post here.[/ame]

Seems like it was very much a non-issue at the hearing; Baez suggested he could take pics not the prosecution; but fwiw there were a few posters that questioned the ability to copy.

 

[lin]

I think she was upset for two reasons: 1) she is being forced to attend the hearings. She can barely stay awake! She wants to sit in her cell, and have JB just get her out of jail. 2) I suspect Mme. Esquire read her the runes about behavior that morning, or the day before. She was prolly upset about the talking-to.

That may be exactly how Mme. Esquire (nick too cool not to reuse) finally got her erstwhile client to feign some emotion. Sat her down and told her what was really going on, maybe no way would there be an acquittal without a miracle or 50.

 

[lin]

I remember that, and it being said more then once in the same hearing.

 

[lin]

I think the big defense strategy is to bury the prosecution in paperwork, which I think is used when the defense has no other defense.

Any lawyerly types want to explain?

If that's their strategy it's pretty silly. That trick is sometimes used in civil cases to try to drive costs up for the other side but doesn't seem like a smart thing to do in this case before this judge, imo.

 

[lin]

I wonder when AL files this motion will it cause the prosecution to have to show a bit about how they are laying out their case by responding to the motion? I don't know just thinking about how the prosecution will respond.

Just guessing here, in case someone smarter than me hasn't already answered, but I don't really think they're going to have to show as much of their strategy as one may think. They're not going to use a lot of the evidence that we've seen through discovery but it's all available, kwim?

 

[lin]

When AL was threating the Judge with a bunch of motions, I was kinda expecting him to call her on it. To ask her if she was threating the court. And put her on notice that if she wastes the courts time on frivolous motions, she would be slapped.

But you understand why he can't do that, right?

 

[OneLostGrl]

She must think she is in a different state. In Florida, death during child abuse is enough.

If she died while taped up, then she died during child abuse. End of story.

I think the only way her death wouldn't be DP eligable, is if it was an accident. And KC would have to admit the whole thing for us to know it was an accident. She said during the interview that it was not an accident.

So good luck with that AL. However, I doubt she would get the DP.

Didn't they just say at court the other day that AL hasn't even filed a motion for the attorney of record yet? I don't understand why she is even allowed to speak in court. She isn't Casey's lawyer, ya know?.

 

[lin]

Oddly, I was just thinking the other day, that if I were on the defense team, I would do exactly the same thing..
Consider..we dunno where, or exactly when Caylee died, or the cause of death. There is no 'exact' motive for the murder .. perhaps it was accidental??.. no one thing shows KC as the perpetrator (to my present knowledge, nothing like fingerprints, or a witness to the crime, is what I mean)

All of that said, I know KC did it. The overwhelming proponderance of evidence clearly shows she is guilty...But it is a hard case to put into a nutshell.. if a judge were rushed or careless or dim, he/she might dismiss it simply because it is a long long path from June 15th to July 16th..

In this case though the judge is not rushed and is neither stupid nor careless, thankfully.

Remember, KC had sole custody of Caylee. If there were a possible SONDI (some other nanny did it) theory it must necessarily include KC pointing the finger at the last person with whom she saw or to whom she gave her child.

As for the (lack of) possibility of an accident, please read this thread. I think you'll agree the posters put up excellent arguments/reasoning against that possibility. And most of us are not professional prosecutors nor do we have access to everything they do from evidence to resources.