Attorney Files Motion To Block Testing

[MD MOMMY]

Just a reminder there was a motion to preserve the blood smaple of JO a short time ago.

Yep forgot about that smaple(lol you just made up a clever word)

 

[treeseeker]

Other side of the coin: anything, any right that Baez neglects or overlooks could be grounds for a new trial if Casey's convicted. Then, any new-tech lab tests that can be challenged by a credible expert could be negated. Double testing and/or mutually observed testing eliminates some of these possibilities.

 

[newuser]

I did just this in banks for 25 years. I have never worked a case when the person who forged the check was known like it is in this case, and given the money to a customer who refuses to help prosecute. Yes, if the person is unknown, then the bank would file the complaint, but there would be no one to prosecute. In this case, the bank knows who wrote the checks, and they won't refund it unless the owner of the checks/cards agrees to help prosecute. If the A's refuse to help prosecute, then they won't get their money back from the bank. THe bank cannot choose to give the money back so that they can file charges. The allegation of forgery must be made by the owner of the check.

Why does the bank also file charges? The bank CAN and usually does file charges, too, once the forgery affidavit is signed. But they can't unless there is a forgery affidavit by the A's. The forgery affidavit will list who they believe is responsible. Then, the bank can file charges. The bank won't return the money to sustain a loss without the A's making the complaint.

 

[dcorrigano]

Finally, I can answer something! The forgery, check fraud and financial crimes are not federal charges. It's only a federal charge if your target of your fraud is a bank. She didn't target the banks - she targeted friends and family. The forgery is a felony, and each one is punishable separately, but realistically, she's not going to do much time for financial crimes. The courts can't sentence her to five years on each count of forgery just because everyone thinks she had something to do with Caylee's disappearance. She won't get any harsher sentence for forgery than anyone would for a first offense, which is likely less than a year.

I could be wrong, but she wrote a check to herself and cashed it at Bank of America. Doesnt that qualify as fraud on the bank?

 

[elitenls]

He's just doing his job guys ... that's what people pay these scumbags to do. Everybody, no matter the case, gets their day in court and has the right to be represented by a competent lawyer.

No lawyer worth his salt (and I'm sure this guy is costing a fortune) would NOT do this ... it's pretty damn standard in a case that involves forensic testing IIRC.

 

[OcalaMom]

I did just this in banks for 25 years. I have never worked a case when the person who forged the check was known like it is in this case, and given the money to a customer who refuses to help prosecute. Yes, if the person is unknown, then the bank would file the complaint, but there would be no one to prosecute. In this case, the bank knows who wrote the checks, and they won't refund it unless the owner of the checks/cards agrees to help prosecute. If the A's refuse to help prosecute, then they won't get their money back from the bank. THe bank cannot choose to give the money back so that they can file charges. The allegation of forgery must be made by the owner of the check.

I spent my time in banking as well. Since there was a check that was actually cashed at B of A, I am certain they had to reimburse Amy for the amount of cash they handed over. Amy may still have filed charges on other checks written for merchandise.

In the case of the cashed check, all Amy had to do was agree to prosecute. The bank then became the 'victim' when they reimbursed her.

 

[Sassynic]

JB is really trying everything, huh? I agree with two of the OPs. Either he is just trying to "buy more time" or there is something in that DNA he doesn't want the world to know (incest, ect). I am not a big follower of the incest theory and actually in past threads about the subject, I have made arguments against such allegations. Though, this new twist makes me say, "hmmmmm".

To the folks around my age and older...remember that rap/dance song back in da day? "Things That Make You Go Hmmmmm". Yep this is definitly one of those situations....

 

[mountaintime]

I also think it is a very good bet that this motion may be about paternity...
but I wonder, too, if it could have anything to do with the possible find during the TES search..?
Would that motion even be applicable to a new find? Or does it only have to do with evidence that the defense knows exists?

 

[newuser]

We are agreeing about Amy's checks. The question I am trying to answer is the new charges. If they are from the A's accounts, they will have to agree to prosecute before the bank will refund the money, thereby becoming the victim.

If KC cashed a check at the bank, it's still up to the owner of the account to sign a forgery affidavit before their money will be refunded. The bank has to have a signed complaint before the money would be returned to the account.

The only way the bank would be the 'target' is if the bank cashed a document that was not drawn on a real account, which would probably also get the teller fired.

 

[kwmred]

Liz Pounders should press charges against LA for destruction of property.

And, stealing her dog's water bowl!!!

 

[Can't Sleep]

He's just doing his job guys ... that's what people pay these scumbags to do. Everybody, no matter the case, gets their day in court and has the right to be represented by a competent lawyer.

No lawyer worth his salt (and I'm sure this guy is costing a fortune) would NOT do this ... it's pretty damn standard in a case that involves forensic testing IIRC.

Yes, I agree. In fact, I think he is sweating bullets because he should've filed this motion when he first heard that DNA testing was being done. I remember hearing him say that "...it isn't evidence until it's undergone the rigors of cross -examination and been submitted by a court of law..." [paraphrasing]. This motion is like an afterthought. Oops.

He is basically preserving Casey's right to appeal and if you don't file the motions or object in a timely manner, the right to appeal is forfeited.

 

[OcalaMom]

We are agreeing about Amy's checks. The question I am trying to answer is the new charges. If they are from the A's accounts, they will have to agree to prosecute before the bank will refund the money, thereby becoming the victim.

If KC cashed a check at the bank, it's still up to the owner of the account to sign a forgery affidavit before their money will be refunded. The bank has to have a signed complaint before the money would be returned to the account.

The only way the bank would be the 'target' is if the bank cashed a document that was not drawn on a real account, which would probably also get the teller fired.

We definitely agree as to the Amy's checks, the forgery affidavit and most likely, the fired teller.

The forgery affidavit enables the bank to become the complainant since they have now sustained the loss.

I think the electronic check by phone payment to AT & T may end up being the most serious charge-not only for the amount involved, but also for the fact that it involved electronic presentment. JMHO

 

[Can't Sleep]

Well, is'nt bank fraud a federal offense? And doesnt forging checks fall under bank fraud? So she will need more than a million dollars for her story or pay preveiw just look at this.............

The Federal Bank Fraud Statute, 18 U.S.C. § 1344, provides as follows:

Whoever knowingly executes, or attempts to execute, a scheme or artifice-

(1) to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
:behindbar:behindbar

There is a lot more to the law than the statutes. This is a statute which has been codified, so it's in the U.S.Code. However, there are a lot of hurdles to clear in terms of determining jurisdiction and there are several kinds of jursidiction. I doubt the amount in controversey will meet the requirement of the Federal Court for starters. I think this will remain a theft by check charge.

 

[Linda7NJ]

IMO it's an on going police investigation. she hasn't been charged yet for caylee's death. He isn't privvy at this point

 

[Can't Sleep]

Wasn't some of the evidence sent to the FBI lab..is that not good enough?

My guess...and this is only my opinion...is that Mr. Baez will select, "Wile E. Coyote's ACME Do-It-Yourself online DNA Testing Lab." I hear it's very reliable and can all be done online!

Just select your results from a drop-down menu and then conveniently print in the privacy of your home or office. EZ!

[turning off my sarcasm now...]:mears:

 

[EvaInCA]

I'm sorry to be stupid but what forensics are required for the current charges of Child Neglect???

Nurse not lawyer.

I was thinking the same thing. Isn't the forensic testing of the samples and the evidence pertaining to a charge or charges that haven't been filed?

So in a sense, Baez wants to stop any further testing for independant testing, or for whatever reason (this is from the wesh.com site):

Anthony was arrested on charges of child neglect the following day. Anthony has since been released on $500,000 bond and is under home confinement.

Anthony’s defense attorney, Jose Baez, filed a motion requesting that the state’s forensic evidence be preserved.
The motion asks a judge to, "Halt the handling and analysis of any and all forensic evidence relative to the above referenced case."

So the above referenced case is the child neglect?

 

[Everly]

I am not sold on the incest angle in the matter of Caylee's paternity but I have to admit there are things that make you think about it.

For one thing, an odd but well known effect of incest is that the daughter/sister becomes promiscuous when she reaches dating age. From what we have heard, if true, then this fits Casey.

Regarding the possible new charges of fraud, couldn't these be related to the theft from the grandparents' accounts, whether Grandma presses charges or not? I know of one case where the party defrauded agreed not to press charges but a state's attorney pressed charges anyway.

 

[MarleneM]

I could be wrong, but she wrote a check to herself and cashed it at Bank of America. Doesnt that qualify as fraud on the bank?

Why, yes. Yes it does.

And I think the motion was made to stop either a) paternity testing or b) DNA tests on really new evidence found during this weekend's search that none of us are privvy to yet...

 

[JustInCase]

The motion submitted to the court from Baez is actually him doing his job and taking the legal steps required to have any physical evidence preserved and for the court to consider additional testing. Not sure how you get Attorney Files Motion To Block Testing from that IMO.

http://www.myorangeclerk.com/mycler...55-389f-4c00-9e8d-ab56675686e0&CaseID=5960531

DEF'S MOTION TO PRESERVE FORENSIC EVIDENCE AND FOR COURT TO CONSIDER ADDITIONAL TESTING

 

[faefrost]

No, but he would have to remove his sphincterlodged cranium to know that.

My $$ is that he is filing it because LE is establishing paternity to establish a full DNA result on Caylee.

Which would actually bring a much more personal element into the mix for JB.

if paternity is established then guess what, the Anthony's are no longer the primary next of kin. The right to intervene on the childs behalf, or sue for wrongful death would pass to the father, or the fathers family.

And if I understand the Son of Sam laws, it would mean that any proceeds of the crime would pass to the childs estate. Which would go to the surviving parent (who didn't kill her).

In other words, if paternity is established, chances are JB doesn't get paid a dime for all of this.