Bankrupt Casey Anthony interviewed by KPHO CBS in Phoenix #2

[zippitydoda]

Bet its a fool-proof link in the chain...

 

[ZsaZsa]

OK- I see I am confused again - ignore my previous post, I thought this was related to the current Bankruptcy proceedings....:blushing:

 

[ThinkTank]

OK- I see I am confused again - ignore my previous post, I thought this was related to the current Bankruptcy proceedings....:blushing:

Sorry for the confusion ... I was just researching what types of questions Zenaida's attorneys asked Casey Anthony in her October 8, 2011 deposition - where she pled the 5th SIXTY times.
To give us an idea of what they might ask her in her upcoming deposition on January 23, 2014. She cannot claim the 5th this time.

 

[watcher9]

It is very confusing.
We had a thread for the ZG suit, a thread for Kronk, and then a thread for the bankruptcy.
In her bankruptcy hearing, both suits were accepted into the bankruptcy which made it easier to discuss all three in the same thread.
The bankruptcy was settled except for the two suits.
Now we are waiting on trials for the two suits, but are having depositions, hearings, etc. Are these now being held in the federal court or state court jurisdiction?

Why would we not go back to each individual thread for discussion to keep them separate in our minds and then bring the results back into the bankruptcy thread as each suit is settled?
Just my thoughts early this morning.

 

[ThinkTank]

It is very confusing.
We had a thread for the ZG suit, a thread for Kronk, and then a thread for the bankruptcy.
In her bankruptcy hearing, both suits were accepted into the bankruptcy which made it easier to discuss all three in the same thread.
The bankruptcy was settled except for the two suits.
Now we are waiting on trials for the two suits, but are having depositions, hearings, etc. Are these now being held in the federal court or state court jurisdiction?

Why would we not go back to each individual thread for discussion to keep them separate in our minds and then bring the results back into the bankruptcy thread as each suit is settled?
Just my thoughts early this morning.

I see your point.
The Zenaida and Kronk civil defamation cases are still under the federal bankruptcy court jurisdiction. The bankruptcy judge still rules on both cases.
The bankruptcy case will not be closed until the Zenaida and Kronk cases are finalized through the bankruptcy court.

 

[ZsaZsa]

Sorry for the confusion ... I was just researching what types of questions Zenaida's attorneys asked Casey Anthony in her October 8, 2011 deposition - where she pled the 5th SIXTY times.
To give us an idea of what they might ask her in her upcoming deposition on January 23, 2014. She cannot claim the 5th this time.

Not your doing - I confused myself ! :blushing:

 

[Intermezzo]

Sorry for the confusion ... I was just researching what types of questions Zenaida's attorneys asked Casey Anthony in her October 8, 2011 deposition - where she pled the 5th SIXTY times.
To give us an idea of what they might ask her in her upcoming deposition on January 23, 2014. She cannot claim the 5th this time.

BBM
Sorry to be the bearer of unpleasant news but from what I have learned and read, YES, she can invoke the 5th Amendment in a Civil Case.
Invoking the 5th is different in a Civil Case as opposed to a Criminal case

Use of the Fifth Amendment Privilege in a Civil Case
http://judgebonniesudderth.wordpres...he-fifth-amendment-privilege-in-a-civil-case/
Though, by invoking the 5th in a civil case it does not just stop the question as in a criminal case..
In a civil case invoking the 5th is subject to scrutiny by the Judge
It is permissible in a civil case for a Judge or a Jury to infer that a witness is guilty of wrong doing if they invoke the 5th when asked a question.

Taking the 5th
How to pierce the testamonial shield

http://apps.americanbar.org/buslaw/blt/blt00may-shield.html
Danger of self-incrimination is easy to determine in a criminal case.
I, Civil cases are different.
In civil actions, however, there is no prosecutor on hand. The issue then shifts to whether "the claimant is confronted by substantial and ‘real,’ and not merely trifling or imaginary, hazards of incrimination." Marchetti v. United States , 390 U.S. 39, 453, 88 S. Ct.. 697, 705, 19 L. Ed. 2d 889 (1968).

Because the privilege against self-incrimination applies only in "instances where the witness has reasonable cause to apprehend danger" of criminal liability, the deposing lawyer should assess in advance, in light of what counsel knows about the case, whether the witness has a realistic basis for such a fear. Hoffman v. United States, 341 U.S. 479, 486, (1951), quoted in U.S. v. Argomaniz, 925 F. 2d 1349 (11th Cir. 1991).
__________________

 

[ZsaZsa]

IIRC we asked AZ Lawyer about invoking the 5th in a civil case, and in short
if you do this, then the Jury may infer guilt from your refusal to answer.

 

[Intermezzo]

IIRC we asked AZ Lawyer about invoking the 5th in a civil case, and in short
if you do this, then the Jury may infer guilt from your refusal to answer.

I have read that as well...the Judge or the Jury may infer Guilt if someone refuses to answer and invokes the 5th in a Civil case

 

[RR0004]

BBM
Sorry to be the bearer of unpleasant news but from what I have learned and read, YES, she can invoke the 5th Amendment in a Civil Case.
Invoking the 5th is different in a Civil Case as opposed to a Criminal case

Use of the Fifth Amendment Privilege in a Civil Case
http://judgebonniesudderth.wordpres...he-fifth-amendment-privilege-in-a-civil-case/
Though, by invoking the 5th in a civil case it does not just stop the question as in a criminal case..
In a civil case invoking the 5th is subject to scrutiny by the Judge
It is permissible in a civil case for a Judge or a Jury to infer that a witness is guilty of wrong doing if they invoke the 5th when asked a question.

Taking the 5th
How to pierce the testamonial shield

http://apps.americanbar.org/buslaw/blt/blt00may-shield.html
Danger of self-incrimination is easy to determine in a criminal case.
I, Civil cases are different.
In civil actions, however, there is no prosecutor on hand. The issue then shifts to whether "the claimant is confronted by substantial and ‘real,’ and not merely trifling or imaginary, hazards of incrimination." Marchetti v. United States , 390 U.S. 39, 453, 88 S. Ct.. 697, 705, 19 L. Ed. 2d 889 (1968).

Because the privilege against self-incrimination applies only in "instances where the witness has reasonable cause to apprehend danger" of criminal liability, the deposing lawyer should assess in advance, in light of what counsel knows about the case, whether the witness has a realistic basis for such a fear. Hoffman v. United States, 341 U.S. 479, 486, (1951), quoted in U.S. v. Argomaniz, 925 F. 2d 1349 (11th Cir. 1991).
__________________

Well, then I imagine she'll show a whole lot of GUILTY when/if she invokes the Fifth.

 

[ThinkTank]

https://docs.google.com/file/d/0B7DjeAMt_BpIR0NHaHU0Vi1GbGc/edit?usp=sharing
Casey Anthony Bankruptcy Zenaida atty Shuker Motion for Depo of Casey
March 12, 2013

Matt Morgan ‏@MattMorganESQ
We are prepared to take #CaseyAnthony 's #deposition in her bankruptcy proceedings. #No5th
March 12, 2013


Sept 12, 2013
Matt Morgan ‏@MattMorganESQ 2h
We have successfully set #CaseyAnthony 's deposition. She will not be permitted to take the 5th. One step closer to #Justice !!!!

http://www.baynews9.com/content/new...icles/cfn/2013/9/12/casey_anthony_deposi.html

Last Updated: Thursday, September 12, 2013, 9:12 AM

ORLANDO --
excerpts:
Casey Anthony is scheduled to give a deposition next month in her ongoing civil case, but this time, attorneys say she will have to talk.
Attorney Matt Morgan, who is representing Zenaida Gonzalez, said Anthony will not be permitted to plead the Fifth, as she has done in the past.


http://touch.orlandosentinel.com/#section/-1/article/p2p-77374854/

Casey Anthony must testify under oath about Caylee's disappearance, attorney says

By Desiree Stennett, Orlando Sentinel
9:48 am, September 12, 2013
excerpts:
In less than a month, Casey Anthony will be forced to answer questions that have been a mystery since her daughter went missing in 2008, attorney Matt Morgan confirmed Thursday. [Sept 12, 2013]
"Casey Anthony will not be permitted to plead the 5th as her appeals have now been resolved," Morgan said attorney for Zenaida Gonzalez, who has filed suit against Anthony. "We look forward to getting answers to the questions we have had for a very long time."
The deposition scheduled for Oct. 9 in Tampa is related to Gonzalez's defamation lawsuit.


http://www.wesh.com/news/casey-anth...rue&utm_source=twitterfeed&utm_medium=twitter

Casey Anthony will be deposed, attorneys say
Anthony to be questioned Oct. 9
Published 5:50 PM EDT Sep 12, 2013

excerpts

Attorneys for a woman suing Casey Anthony say they have a deposition set, and they say Anthony won't be able to evade their questions.
Now, Matt Morgan, one of the defamation lawsuit attorneys for Zenaida Gonzalez, said a deposition is set in the case for Oct. 9.
Morgan said that unlike previous years when Anthony had criminal matters pending, she will no longer be able to use Fifth Amendment rights to evade questions.

 

[ThinkTank]

http://www.floridainjuryattorneyblawg.com/2010/10/consequences-of-pleading-the-5.html

”a party may not trample upon the rights of others and then escape the consequences by invoking a constitutional privilege”,at least not in a civil setting.

Adverse inferences that arise in situations where a party that can provide information on a subject fails to do so, frequently have significant consequences in civil cases. As noted by U.S. Supreme Court Louis D. Brandeis, "Silence is often evidence of the most persuasive character."

 

[ZsaZsa]

http://www.floridainjuryattorneyblawg.com/2010/10/consequences-of-pleading-the-5.html

”a party may not trample upon the rights of others and then escape the consequences by invoking a constitutional privilege”,at least not in a civil setting.

Adverse inferences that arise in situations where a party that can provide information on a subject fails to do so, frequently have significant consequences in civil cases. As noted by U.S. Supreme Court Louis D. Brandeis, "Silence is often evidence of the most persuasive character."

IMO -It is a shame it can't be used against the offender in a criminal trial.
An innocent person doesn't need to hide anything...

 

[ZsaZsa]

https://docs.google.com/file/d/0B7DjeAMt_BpIR0NHaHU0Vi1GbGc/edit?usp=sharing
Casey Anthony Bankruptcy Zenaida atty Shuker Motion for Depo of Casey
March 12, 2013

Matt Morgan ‏@MattMorganESQ
We are prepared to take #CaseyAnthony 's #deposition in her bankruptcy proceedings. #No5th
March 12, 2013


Sept 12, 2013
Matt Morgan ‏@MattMorganESQ 2h
We have successfully set #CaseyAnthony 's deposition. She will not be permitted to take the 5th. One step closer to #Justice !!!!

http://www.baynews9.com/content/new...icles/cfn/2013/9/12/casey_anthony_deposi.html

Last Updated: Thursday, September 12, 2013, 9:12 AM

ORLANDO --
excerpts:
Casey Anthony is scheduled to give a deposition next month in her ongoing civil case, but this time, attorneys say she will have to talk.
Attorney Matt Morgan, who is representing Zenaida Gonzalez, said Anthony will not be permitted to plead the Fifth, as she has done in the past.


http://touch.orlandosentinel.com/#section/-1/article/p2p-77374854/

Casey Anthony must testify under oath about Caylee's disappearance, attorney says

By Desiree Stennett, Orlando Sentinel
9:48 am, September 12, 2013
excerpts:
In less than a month, Casey Anthony will be forced to answer questions that have been a mystery since her daughter went missing in 2008, attorney Matt Morgan confirmed Thursday. [Sept 12, 2013]
"Casey Anthony will not be permitted to plead the 5th as her appeals have now been resolved," Morgan said attorney for Zenaida Gonzalez, who has filed suit against Anthony. "We look forward to getting answers to the questions we have had for a very long time."
The deposition scheduled for Oct. 9 in Tampa is related to Gonzalez's defamation lawsuit.


http://www.wesh.com/news/casey-anth...rue&utm_source=twitterfeed&utm_medium=twitter

Casey Anthony will be deposed, attorneys say
Anthony to be questioned Oct. 9
Published 5:50 PM EDT Sep 12, 2013

excerpts

Attorneys for a woman suing Casey Anthony say they have a deposition set, and they say Anthony won't be able to evade their questions.
Now, Matt Morgan, one of the defamation lawsuit attorneys for Zenaida Gonzalez, said a deposition is set in the case for Oct. 9.
Morgan said that unlike previous years when Anthony had criminal matters pending, she will no longer be able to use Fifth Amendment rights to evade questions.

I wish Jeff Ashton and Linda D Burdick would call Matt Morgan with some difficult questions for Casey ..

 

[ThinkTank]

IMO -It is a shame it can't be used against the offender in a criminal trial.
An innocent person doesn't need to hide anything...

This was on twitter after her Oct 8, 2011 deposition, where she pled the 5th SIXTY TIMES

http://twtrland.com/profile/mattknudsen
@mattknudsen Matt Knudsen
Casey Anthony plead the 5th 60 times in her recent civil suit deposition. That's exactly 60 more times than an innocent person would.
Nov 1, 2011

 

[chefmom]

I wish Jeff Ashton and Linda D Burdick would call Matt Morgan with some difficult questions for Casey ..

Questions that I would like to hear the answers to:

"How much money have you received from "anonymous donations"?"

"How much "help" have you received from your parent's?" (KC must be beside herself with regret over the fact that her parents have helped her so much and now they stand to lose their home. :innocent

"How did you come up with the name ZFG to use as your fictitious nanny?"

"Why did you tell your mother that the detectives had not asked you about the lady from Kissimmee?"

"Exactly what did you tell your attorneys about the nanny, ZFG?"

"Exactly what did you tell your attorneys about RK and any involvement in the disappearance of your daughter?"

"When did you tell your attorneys about the accidental drowning?"

There are tons more but since this is the BK thread I will stick to some I feel may be relevant to that.

 

[RR0004]

Questions that I would like to hear the answers to:

"How much money have you received from "anonymous donations"?"

"How much "help" have you received from your parent's?" (KC must be beside herself with regret over the fact that her parents have helped her so much and now they stand to lose their home. :innocent

"How did you come up with the name ZFG to use as your fictitious nanny?"

"Why did you tell your mother that the detectives had not asked you about the lady from Kissimmee?"

"Exactly what did you tell your attorneys about the nanny, ZFG?"

"Exactly what did you tell your attorneys about RK and any involvement in the disappearance of your daughter?"

"When did you tell your attorneys about the accidental drowning?"

There are tons more but since this is the BK thread I will stick to some I feel may be relevant to that.

BBM- I think this may be one of the questions that her attorney (CM) could fear the most. I think the "accidental drowning" story was a figment of her team's imagination.

 

[chefmom]

BBM- I think this may be one of the questions that her attorney (CM) could fear the most. I think the "accidental drowning" story was a figment of her team's imagination.

I think CM is terrified of her speaking, period. She is a known and proven liar who he and JB managed to get off of a murder charge. A charge that, in my opinion, was adequately proven in that courtroom. JB, CM, LKB, and the rest of that ilk, crossed so many lines during the time that they worked to keep her off of death row. They would appear on morning shows, afternoon shows, every news show that would have them, and then turn around and say that the other side was using the media against their client. Not one time do I recall anyone from the defense appearing on GMA while the investigation was going on. But one of her "team" was smiling and ranting on there all of the time. IMO, they all got very comfortable telling "half-truths", and now there is a real danger in KC opening her mouth and throwing a curve ball into what they played as a smooth game. And, as we all know, no one puts baby in the corner, so there is, I am sure, some real concern over KC being allowed to speak for any length of time. She has the potential to blow if pushed very hard. Remember CA? That smug, arrogant smirk she displayed while being questioned, which quickly turned into rage? Remember KC? During the trial, right in the courtroom, she got so mad at JB that she gave that rage face and slipped into her real self for a brief moment. Oh, I think they are petrified at the idea of a seasoned attorney going after KC. As they should be. Moo.

 

[Niner]

I think CM is terrified of her speaking, period. She is a known and proven liar who he and JB managed to get off of a murder charge. A charge that, in my opinion, was adequately proven in that courtroom. JB, CM, LKB, and the rest of that ilk, crossed so many lines during the time that they worked to keep her off of death row. They would appear on morning shows, afternoon shows, every news show that would have them, and then turn around and say that the other side was using the media against their client. Not one time do I recall anyone from the defense appearing on GMA while the investigation was going on. But one of her "team" was smiling and ranting on there all of the time. IMO, they all got very comfortable telling "half-truths", and now there is a real danger in KC opening her mouth and throwing a curve ball into what they played as a smooth game. And, as we all know, no one puts baby in the corner, so there is, I am sure, some real concern over KC being allowed to speak for any length of time. She has the potential to blow if pushed very hard. Remember CA? That smug, arrogant smirk she displayed while being questioned, which quickly turned into rage? Remember KC? During the trial, right in the courtroom, she got so mad at JB that she gave that rage face and slipped into her real self for a brief moment. Oh, I think they are petrified at the idea of a seasoned attorney going after KC. As they should be. Moo.

:goodpost: Chefmom

but, re bold above - I believe you meant the Prosecutors office didn't go on GMA?

:wave:

 

[Frigga]

I just want to say, one more time, God Bless Matt Morgan. He is fighting the good fight and it became personal to him a long time ago. He will finally have his day in court, and my prayer is that this is the karma train finally landing at the station. Justice, in some form, for our beloved Caylee!