Casey appeals her 4 Lying to LE convictions

[natsound]

She can and she will. That will probably lead to a judgment in favor of ZFG.

Since ZFG is seeking a relatively small sum of $$, it is reasonable to conclude that there are other consequences to her testimony in this matter. Clearly the attorneys representing Casey Anthony do NOT want this deposition.

What consequences could there be if she pleads the 5th? I'm not attacking, I'm a reporter so I'm genuinely curious and I ask a zillion questions.

 

[mombomb]

Here's part of the argument at the sentencing hearing. I'm looking for the rest.

HHJBP: Are you saying that ICA did not have time to pause, reflect and form a new criminal intent for each one of those 4 separate acts?

EF: Yes - under Hamilton decision there has to be a separation of time, place or circumstances. This all occurred in one interview to not invoke double jeopardy.

HHJBP: Thank you Ms. Fryer. State?

LDB: Valdez and Anderson - these are not single acts - different core conduct. There is a temporal break between the lies. They occurred over the course of 3 separate statements - 1a.m., 4a.m. and 1p.m. Each lie is material to the issues. Each were intended to lead law enforcement on a wild goose chase. They are not degree variance and not a single act. Separate acts do not violate double jeopardy.

HHJBP: Their site?

LDB: An individual that was charged with 2 separate counts involving one shooting.

 

[deelytful1]

What could this mean??

CFNews13CaseyCasey Anthony News13

More from Zanaida Gonzalez' attorneys after court today:: isn't appropriate to comment about why Judge stepped down. #CaseyAnthony -jfell

 

[Kavya01]

And there you have it. The good of the one is more important then the whole. No matter how sick and evil that one is.

But that is the basis of our system. It is better to let a 100 Casey's go free, than convict an innocence person.

The scary part being that possibly those 100 freed criminals may then, back out there, still slay that one freed innocent, and perhaps 99 more in addition....

 

[mombomb]

Here's the rest:


HHJBP: Mr. Mason, Mr. Baez - anything else? Does your client wish to say anything?

CM: No.

HHJBP: The Court will make the following finding concerning the Defense motion to Bar imposition of Sentence. Count 4 dealt with the Universal employment lie - due to missing person's report. LE went to Universal, expended LE resources, to determine that she did not work there.

Count 5 - ICA said she left Caylee at Sawgrass Apts with ZFG which caused LE to, again, due to missing person's report, to develop and follow various leads to try to locate the babysitter.

Count 6 - ICA said she told two employees of Universal - Hopkins and Lewis - of the disappearance of Caylee.

Count 7 - ICA said she had received a call and spoke to Caylee on 7/15/08 at approximately 12p.m. thus causing LE to devote extensive resources.

As a result of those 4 separate and distinct lies, LE expended a great deal of time, energy and manpower looking for Caylee. This search for her went on from July thru December - over several months - trying to find Caylee. 4 distinct, separate lies. Just as the Jury spoke loud and clear on Counts 1, 2 and 3. They also spoke loud and clear on the remaining counts.

The Court sentences you to 1 year in jail - imposing a $1,000 fine on each count - all 4 counts to run consecutive to each other - giving you credit for the time that you have previously served. JB, CM - we are going to spend some time this morning figuring out her credit for time served and it's going to take us probably about an hour to sort it out due to the previous sentences she has been given, but with the good time and gain time, depending on preliminary figures, some time early August, late July, but I can't say that until I determine time served, and then the jail has to apply their good time and gain time that she has gained in this. So, if you want to wait around - and if you have a different figure, then we can get that taken care of.

I will reserve jurisdiction for 60 days to determine the cost of investigation.

 

[Italy]

What consequences could there be if she pleads the 5th? I'm not attacking, I'm a reporter so I'm genuinely curious and I ask a zillion questions.

The most immediate consequence is that the case will most likely be adjudicated in favor of Zenaida Gonzalez and she will be entitled to the redress she claims (I think it is only $20,000). That will establish that by lying, Casey Anthony has caused someone harm.

I think this is a weak case on the part of Ms. Gonzalez, BUT clearly Casey Anthony's attorneys are doing everything in their power to prevent this deposition. I suspect there are considerable other consequences, but like you, I don't know at this point what they may be.

 

[manatee]

not sure if this is the right place for this but it discusses lying as one of the traits of serial killer 71% of serial killers are lairs:
http://www.bxscience.edu/publications/forensics/articles/psychologicalprofiles/killer.pdf

 

[Schu7]

The scary part being that possibly those 100 freed criminals may then, back out there, still slay that one freed innocent, and perhaps 99 more in addition....

The reality is that some do.

It was this known reality that was the basis for the Napoleon code of French laws. There you are guilty until proven innocent. The balance in that system is that bringing a proven false accusation against someone is severely dealt with by the court. And also the standard of evidence needed to bring a charge against someone is much higher.

 

[JBounds]

What could this mean??

CFNews13CaseyCasey Anthony News13

More from Zanaida Gonzalez' attorneys after court today:: isn't appropriate to comment about why Judge stepped down. #CaseyAnthony -jfell

This could be the reason why.

TennisLaw Diana Tennis
I take recusal as defense not wanting Rodriguez on case, using "worried about ur daughter's connection to local media.

 

[uklaw]

I thought she could just plead the 5th and get the depo over with.

She probably could. Unless Morgan & Morgan are trying to get the court to issue an order, prior to the deposition, that she be compelled to answer all questions and overrulling all claims of 5th Privilege.

However, I cannot see the court entertaining such a motion let alone granting it.

 

[What'sThatClue]

This could be the reason why.

TennisLaw Diana Tennis
I take recusal as defense not wanting Rodriguez on case, using "worried about ur daughter's connection to local media.

But didn't the defense state that they did not request his recusal?
Just wondering, 'cause I thought that's what I heard.

 

[natsound]

The most immediate consequence is that the case will most likely be adjudicated in favor of Zenaida Gonzalez and she will be entitled to the redress she claims (I think it is only $20,000). That will establish that by lying, Casey Anthony has caused someone harm.

I think this is a weak case on the part of Ms. Gonzalez, BUT clearly Casey Anthony's attorneys are doing everything in their power to prevent this deposition. I suspect there are considerable other consequences, but like you, I don't know at this point what they may be.

Maybe KC has indicated that she doesn't want to plead the 5th, she wants to talk her way out of it. opcorn:

 

[Italy]

Maybe KC has indicated that she doesn't want to plead the 5th, she wants to talk her way out of it. opcorn:

We can only hope!

 

[JBounds]

But didn't the defense state that they did not request his recusal?
Just wondering, 'cause I thought that's what I heard.

I believe you're correct.

 

[lorann]

Kind of OT but if the state releases her car and the A's fail to pick it up, can the A's be charged with storage fees for every day it sits there?

 

[Justin Tyme]

http://www.youtube.com/watch?v=zsTRxXvQY0s

Thanks! That's how my brain feels!:furious:

 

[southern_scout]

DH (who is a lawyer) is saying the State isn't required to provide an attorney on criminal appeal, just trial. So hm. Why file the indigent and insolvent things?

 

[LambChop]

But didn't the defense state that they did not request his recusal?
Just wondering, 'cause I thought that's what I heard.

Maybe they did not have to ask. It could have been something the defense said at the sidebar and the judge recused himself for that reason. I'm sure he was happy to do so. lol

 

[LambChop]

Kind of OT but if the state releases her car and the A's fail to pick it up, can the A's be charged with storage fees for every day it sits there?

And disposal charges. That car needs to be crushed. jmo

 

[Darkprincess65]

I heard the slap to the juror's faces as soon as an appeal was announced. *SMACK!*