Annie

[SL_Zero]

My goodness, Broderick's post wasn't a personal slam at you, or even young mothers in general. :waitasec:

oh i know, it just got under my skin at the time.
just because a person doesnt include their child in every photograph ever taken does not mean they are a murderer, nor does it exemplify their parenting priorities or lack thereof.
but whatever, its just a picture.

 

[bp531]

Is that a HEART SHAPED STICKER by trash ladys left knee or a piece of the roses?

 

[JaneInOz]

Is that a HEART SHAPED STICKER by trash ladys left knee or a piece of the roses?

a piece of rose imo see the stems also near

 

[okiedokietoo]

I found this:

Watch for a Motion to Dismiss All Charges for Prosecutorial Misconduct

Continuing release of material by LE and the state attorney may result in a court dismissing all charges pending.

Consider this case:

Rule 8-8.4 of the Florida Bar Rules of Professional Conduct addresses lawyer misconduct.

In pertinent part, the Rule demands that:
A lawyer shall not:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(d) engage in conduct in connection with the practice of law that is prejudicial to the administration of justice . ..

Furthermore, Rule 4-3.6(a) prohibits a lawyer form making extrajudicial statement that a reasonable person would expect to be disseminated by
means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding..."

This is from a motion to dismiss charges against a defendant based upon such conduct alleged against a Fla State Attorney.

The Sunshine Act exempts from publication:
"..Section 119.071(2)(c)1 specifically exempt from 119.07(1)
disclosure "active criminal intelligence information and active criminal investigative information,"

So the media has no right to the material being released.

Defendant claims, "The preservation of the integrity of our criminal justice system requires that this Honorable Court dismiss, with prejudice, the two Informations pending against [defendant.]"

http://72.14.205.104/search?q=cache...fla&hl=en&ct=clnk&cd=6&gl=us&client=firefox-a

Sunshine Statute
http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&url=ch0119/ch0119.htm

Sunshine law Florida
exempt

c)1. Active criminal intelligence information and active criminal investigative information are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

119.0714 Court files; court records; official records.--
(h) Criminal intelligence information or criminal investigative information that is confidential and exempt as provided in s. 119.071(2)(h).

2) AGENCY INVESTIGATIONS.--
,,
3. This exemption applies to such confidential and exempt criminal intelligence information or criminal investigative information held by a law enforcement agency before, on, or after the effective date of the exemption.

[The court dismissed most charges and defendant entered a plea for time served on the rest]

http://helpfindthemissing.org/forum/showthread.php?t=7128&page=5

<snipped>

And this:

All of LE and the State Attorney know the law and cases so I am bewildered why they are releasing all this prejudicial information prior to a trial in November! Why take a chance on getting penalized?

Imagine you are the DA and a judge says to you,
"What was your purpose in releasing all that investigative material to the media since it is all exempted from the Sunshine Act?

Sunshine Statute
http://www.leg.state.fl.us/statutes/index.cfm?app_mode=display_statute&url=ch0119/ch0119.htm

Did you intend to portray the defendant in a bad light prior to jury selection?

Did you deliberately violate the Canons of Ethics,
"Rule 4-3.6(a)
prohibits a lawyer from making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding...?' "

[Releasing material is the same as making a statement for the purpose of this Rule.]

Anyone have any idea why they released all this material?

http://helpfindthemissing.org/forum/showthread.php?t=7128&page=12

<snipped>

And this:


[Question] If the judge rules that everything that has been released to the public is inadmissible against her at trial, could the judge still dismiss due to the release of prejudicial information?"

[Answer] Yes it is possible if a finding is made of deliberate prosecutorial misconduct. If no such finding is made, then no dismissal of charges.

[Question] "Some are saying that they are holding back evidence to present at trial and it doesn't include what LE has made public. Even so, releasing all these interviews, etc. is influencing public opinion against Casey. Will they be able to go forward with a case against her, or can the judge rule that all of the charges against her can be dismissed because of the flood of negative info?"

[Answer] The judge has the authority to dismiss all charges with prejudice if punishment of LE and the SA is called for b/c of the flood of prejudicial information, not leaked, but directly from their offices to media.

Even granting a change of venue is hardly an adequate remedy in this case.
I have never seen anything like this in my years as a homicide prosecutor and I would never have permitted it in a case of mine.

LE and SA will have a hard time justifying it and defense counsel is preparing a strong case.

The release of video interviews has a chilling effect upon future witnesses in cases if they know that what they tell police in a private room may be published and shown on TV for all to see.

Defense counsel has previously filed motions for a gag order which have been denied and an appellate court could find that to be error and dismiss all charges even if convictions are secured in the trial court.

None of this may happen but why take a chance?

The US Supreme Court may get these cases some day and they are traditionally very tough on anyone attempting to deprive a defendant of a fair trial.

<snipped>

And this:

The material released in this case to the media is not authorized by the Sunshine Act in Florida. It is all exempt as provided in the following excerpt of the Sunshine Act.

"(c)1. Active criminal intelligence information and active criminal investigative information are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution."

http://www.leg.state.fl.us/Statutes/...119/Sec071.HTM
Here is more in the relevant section.

119.071 General exemptions from inspection or copying of public records.--
...

Section 119.071(2)

(2) AGENCY INVESTIGATIONS.--

(a) All criminal intelligence and criminal investigative information received by a criminal justice agency prior to January 25, 1979, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(b) Whenever criminal intelligence information or criminal investigative information held by a non-Florida criminal justice agency is available to a Florida criminal justice agency only on a confidential or similarly restricted basis, the Florida criminal justice agency may obtain and use such information in accordance with the conditions imposed by the providing agency.

(c)1. Active criminal intelligence information and active criminal investigative information are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. [emphasis supplied]

2.a. A request made by a law enforcement agency to inspect or copy a public record that is in the custody of another agency and the custodian's response to the request, and any information that would identify whether a law enforcement agency has requested or received that public record are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, during the period in which the information constitutes active criminal intelligence information or active criminal investigative information.

b. The law enforcement agency that made the request to inspect or copy a public record shall give notice to the custodial agency when the criminal intelligence information or criminal investigative information is no longer active so that the request made by the law enforcement agency, the custodian's response to the request, and information that would identify whether the law enforcement agency had requested or received that public record are available to the public.

c. This exemption is remedial in nature, and it is the intent of the Legislature that the exemption be applied to requests for information received before, on, or after the effective date of this paragraph.

(d) Any information revealing surveillance techniques or procedures or personnel is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Any comprehensive inventory of state and local law enforcement resources compiled pursuant to part I, chapter 23, and any comprehensive policies or plans compiled by a criminal justice agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies, as defined in s. 252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and unavailable for inspection, except by personnel authorized by a state or local law enforcement agency, the office of the Governor, the Department of Legal Affairs, the Department of Law Enforcement, or the Department of Community Affairs as having an official need for access to the inventory or comprehensive policies or plans.

(e) Any information revealing the substance of a confession of a person arrested is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, until such time as the criminal case is finally determined by adjudication, dismissal, or other final disposition.

(f) Any information revealing the identity of a confidential informant or a confidential source is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution..."

http://www.leg.state.fl.us/Statutes..._Statute&Search_String=&URL=Ch0119/Sec071.HTM

<snipped>

It is not required by discovery rules and is not to be filed in a clerk's office since it is exempt. Criminal discovery rules merely require submission of material to the defendant and her counsel.

RULE 3.220. DISCOVERY
[good showing of criminal rules w/o a pdf file]
http://www.cobblawfirm.com/Rules_Discovery.htm

<snipped>

Releasing anything about the character of the defendant, good or bad, violated Canons of Ethics. Thousands of cases have proven that a jury pool is tainted by such revelations. In England, once a defendant is charged, all pre-trial publicity is banned by law for that reason.

Material not intended to be introduced at trial is the worst kind of taint! It will not be subject to court review for relevance and other aspects of admissibility.

How much of the scandals exposed continuously over five months, day after day could you put out of your mind and be a fair juror? This case especially arouses rage and passion as you see in posts and comments all over the World and understandably so.

Questioning thousands of prospective jurors over 100 murder prosecutions, I have seen the devastating effect of pre-trial publicity upon the effort to obtain a fair and impartial jury of your peers. One serious problem seldom mentioned is that it provides an excuse for getting out of jury duty. "Oh, I have absolutely made up my mind and he is guilty. Sorry, but I cannot serve impartially."

Leaks are one thing; but for LE and the prosecutor to openly flood the jury pool with all we have seen is unprecedented and I believe will cause an appellate court to reverse any conviction. There may be drastic penalties in addition.

Do you know of any case=ever=any place=any time= where LE and the DA has done this? In my 30 years in criminal courts and researching the law, I do not.

Change of venue? To where?

After you read the whole thread, let me know if you have any questions.

End of legal discussion.

Now, FWIW, I know nothing about law, but I know I don't like the way this sounds. This was posted by a poster who is/has:

Homicide prosecutor, over 100 murder cases prosecuted.
Taught Trial Tactics at two Pittsburgh law schools
Taught PA Crimes Code at city and county Police Academies.
Created Assistant District Attorney Training Division at Allegheny County DA Office.
Trainer for FBI, ATF, PA State Police and others

You are the expert - I am not and I respect all the important and legal information in your post - I have one comment:
I say The State and JB are even.
Judge Hears Arguments For Anthony Gag Order
Judge To Rule Wednesday On Motion
POSTED: 11:42 am EST November 25, 2008
UPDATED: 5:40 pm EST November 25, 2008
***Prosecutors want to restrict what attorneys and Anthony family representatives can say about the case in public, which they argue could make it harder to find an impartial jury. The defense and an attorney for several media outlets argued against the order.***
http://www.wesh.com/news/18143486/detail.html
Also IMO the jail interviews and evidence/forensics that have been released are covered by The Sunshine Law and since that law was law when the info about the case was released to the public I don't think it would be grounds for mistrial, case dropped etc.

 

[SL_Zero]

Is that a HEART SHAPED STICKER by trash ladys left knee or a piece of the roses?

OMG THERE IS!!

 

[Mom of Five]

a piece of rose imo see the stems also near

ITA Jane, it's a rose petal

 

[JaneInOz]

OMG THERE IS!!

No sorry its a rose petal

From the Stems in the bottom left hand corner

 

[OneLostGrl]

I had to go back through all the posts to find out what on earth was going on LOL

I saw Caylee immediately in the background the moment I first saw the photo yesterday (and actually my thought was ah there's Caylee in her car seat with her mum. That instead of being dumped off she took her out with her all the time... This kinda proved it

These two Annie and Casey were just taking a self posing shot of each other - having fun fooling around etc... If they had moved either side to put Caylee in then they probably wouldn't have all got in the shot.

Casey took a gazillion photos of Cylee. She was a photoholic...she was just taking a pic of her and her best mate.

bold is mine-

I agree with you regarding the picture. and this is not the first one that shows Caylee being with her mother while out with her friends. I don't think Casey pawned Caylee off on others as often as people think.

 

[OneLostGrl]

I was wondering if this picture was taken on St. Pat's. Annie could just be wearing the hat because she's Irish, but Casey is wearing the green also, and it looks like a fairly recent picture of Caylee...Interesting because St. Pat's is around the time the infamous computer searches were performed...maybe being stuck with Caylee on St. Pat's was another aggravation for KC...St. Pat's is a huge celebration where I'm from, (not far from where the Anthony's were from in Ohio), but I'm not sure how big it is in Orlando...

Ya know, I have seen pics of Caylee with a shirt on that says "kiss me i'm Irish". Casey seems to like Irish things. My thought is, do the Anthony's claim to be Irish?

 

[JaneInOz]

Ya know, I have seen pics of Caylee with a shirt on that says "kiss me i'm Irish". Casey seems to like Irish things. My thought is, do the Anthony's claim to be Irish?

Isnt one of the Grandparents ?

 

[OneLostGrl]

oh i know, it just got under my skin at the time.
just because a person doesnt include their child in every photograph ever taken does not mean they are a murderer, nor does it exemplify their parenting priorities or lack thereof.
but whatever, its just a picture.

ahh, I totally agree! I think our emotions take over and we begin to believe a person is either "all bad" or "all good" so we look for things we can pick apart.

 

[OneLostGrl]

Isnt one of the Grandparents ?

I honestly have no clue!

 

[GingBreade]

Ya know, I have seen pics of Caylee with a shirt on that says "kiss me i'm Irish". Casey seems to like Irish things. My thought is, do the Anthony's claim to be Irish?

I think KC had a key chain that was a cloverleaf, she had one in her back window in her car if I remember. Also that S.Daly (Daily?) guy had a couple of cloverleaf tatoos. She was definitely into the "Irish things". I am cause I am Irish! Her, not so much.

 

[gitana1]

IIRC Annie once live at Sawgrass Apts. with a male friend/bf. They broke up, Annie moved. Also, I recall that Annie and KC weren't spending as much time together as they used to and that the BFF status had changed.

The cap is cut, in the front - not a pony tail issue. Destroyed on purpose and thrown away. I suspect a KC special.

LE interviewed Annie. Her interview is not released. She may be the star prosecution witness.

I think KC is Zanny the Nanny. She put "Nanny" on her resume' and everytime she had no one else to babysit Caylee, she was with "Zanny". I think KC took the Xanax to deal with the toddler and not "blow up" in aggravation. Being alone with Caylee was just too much for her to handle. I bet Caylee got on KC's "nerves" and taking Xanax was the only way she could "deal". Then it was easier to give Caylee a bit of the Xanax, and _________ knew or supected it. And the Xanax came from ______.

Very insightful post.

 

[LCoastMom]

Wow...isn't this illegal? Did that woman turn over the trash to LE?

Also, who is Amy?

Hey B & B

I guess your question got over looked in the rush.

No it is not illegal to grab someones trash after they leave it at the curb. By putting it there you are stating your intent to have it removed.

LE was notified of the trash napper and also by the trash napper after she found the cap that appeared on KC's former BFF (Annie) in a picture. She still has all the junk she decided to keep. The rest she threw away.

The hat btw is torn, as if by hand not cut with scissors. After seeing KC's temper tantrum in the lost vid, this does not surprise me.

The trash-napper still blogs at another site, she is A&W. She said at the time she grabbed the bag, that she would have gone back for the other but she was afraid of running into some hammer time with Cindy!

Amy was KC's new BFF prior to being arrested. She has her own thread here somewhere. It was Amy's checking acct that KC emptied while Amy was on vacation. Amy's car that KC drove and Amy is the person who directed Cindy to TonE's apt the night the sheet hit the fan.

Welcome to WebSleuths!

 

[cecybeans]

Ya know, I have seen pics of Caylee with a shirt on that says "kiss me i'm Irish". Casey seems to like Irish things. My thought is, do the Anthony's claim to be Irish?

I think Cindy's side is of Irish descent. KC may have played that part of her heritage up for two reasons. To snub G for one. And her birthday is only a couple of days after St. Paddy's day. She may have co-opted the shamrock as a personal icon simply because it was the closest holiday to her birthday.

I wonder where she got the thing for hearts. Probably reducing love to a symbol and sprinkling over things important to her made her think she really knew what it meant and it would prove to the world that she could.

 

[SL_Zero]

No sorry its a rose petal

From the Stems in the bottom left hand corner

hehe the eyes see what the eyes want to see.
it TOTALLY looked like a heart to me yesterday.
today, in light of comments i look and its OBVIOUSLY a petal.

 

[ShadowGal]

10:16 a.m.During an interview with Annie Downing, she told detectives Casey Anthony was jealous of her mother's relationship with Caylee. Casey once told her that Cindy Anthony wanted Caylee to call her 'mom' instead of 'grand mom' the report said.

During Caylee's 2nd birthday, Casey Anthony told Downing "Oh my God, this is supposed to be Caylee's Day. I'm her mom. She's not her mom," in reference to Cindy Anthony helping Caylee open presents.

Downing also told investigators that she received a phone call from Lee Anthony in October after information had been made public about Casey telling another friend she could get some Xanex from her friend named Annie.

Downing said Lee Anthony told her, "We all know Casey's done bad things but you need to protect yourself. You need to&#8230;if they call you, you need to tell them the truth. You need to tell them anything you know because if you know something you need to tell them&#8230;.Don't protect Casey."


http://www.orlandosentinel.com/news...asey-anthony-discovery-021809,0,5750058.story

 

[Paintr]

Thank you ShadowGal. AD's interview is one I really wanted to see.

 

[Secretsolver]

Docs should be realeased at any time now.

http://www.clickorlando.com/news/18739677/detail.html

Keep refreshing the page to read them the second they get posted.