Casey defense team files motion to dismiss case--Could KC walk!

[mysteriew]

dr henry lee doesn't do well at crime scenes. It seems he picks up evidence pieces and puts them in his pocket (ie;phil spector trial)

Yeah, isn't that ironic? And JB wanted to get him into the crime scene before the remains were removed.

 

[Brini]

I've read this entire thread so far, and one possibility has not yet been mentioned.
Perhaps KC's defense team has so far been unsuccessful in getting her to agree to a plea bargain, but have some hope that GA, CA and Lee visiting her in person might be able to talk her into accepting a bargain.
Of course, this could never be allowed to be known or seen by anyone other than these principles, as it could (depending on what words were recorded) lead to the undermining of an "Innocent" defense.
Thus a request for the family and attorneys to simultaneously visit KC without the possibility of being recorded.

We haven't heard that the state is offering a plea bargain.

KC DID have an offer. She turned it down, and that ship has long sailed.

 

[Numbers]

The defense lawyer (if there IS one at the time of the evidence processing) is NOT part of said processing.

IIRC, the FBI was part of that. JB will have to come up with some PRETTY good evidence that the FBI doesn't know how to handle crime scenes

Pretty sure he doesn't have said evidence.

IIRC the FBI lab had its own scandal several years ago.

Crystal Ball says LKB will beat this to death and beyond, letting the jury assume that this was (a) recent and (b) ongoing at this time.

 

[Brini]

Me too! Me too!

No, California! We're famous for weird-azz trials.

 

[Brini]

Yeah, isn't that ironic? And JB wanted to get him into the crime scene before the remains were removed.

Can you see him stuffing bones into pockets?

 

[mysteriew]

Can you see him stuffing bones into pockets?

ROFLMAO!!! Can't you just see it? Then showing up in court and saying hey judge, LE missed these "I inadvertently picked them up at the crime scene and put them in my pockets."

 

[Numbers]

No, California! We're famous for weird-azz trials.

And "Not Guilty" verdicts. No, thanks.

 

[Sdavidson11]

So I guess they need time to bond.

I think they need time to get there stories straight. A question for the smart sleuths, since the defense has stated they only used the released evidence to form there opinion of Malcuso's statement, will they be able to bring out a non disclosed smoking gun at trial about this statement? Also just a quick rant, why does KC have to be so special? All of the other inmates are video recorded while in jail, the phones conversations are recorded, the visitations are recorded so why should KC not be recorded? Only if there is evidenturary value are the tapes saved and used against the defendant in a court of law. How do I know this, it happened to my uncle. Guess what, he thought they only monitored some phone calls, oh no they monitor all phone calls and KC should be no different.

 

[The Eunice Burns]

Jeez, Baez has asked for a change of venue what, 2 - 3 or 4 times now? And each time has been told that it's too far out in front of the trial, to wait until it's closer to actual trial date.

Is he PURPOSELY trying to PO Strickland???!!! it's a YEAR away at least! :waitasec:

I'm telling ya, this defense team has an attitude of contempt towards Judge S. It comes thru in the video posted today, the one w/ LKB's interview where she says "we are going to educate the judge". And as I said earlier, I hope they keep going. If they continue to act like Judge S does not know what he is doing and needs to be "educated" by them, no less, and they file motions like this implying that he needs to take a closer look at things they've already been denied......they carry that attitude into a courtroom and it will alienate the jury. IMO

 

[Brini]

And "Not Guilty" verdicts. No, thanks.

But, San Diego is a very conservative navy town.

 

[HRCODEPINK]

I don't know if this has already been mentioned but I am only about four pages in and this is so ridiculous I can't even continue tonight. I have to go to bed. If their client didn't do it, how did any of you know, and I mean KNOW that it was Caylee. What if there had been another missing child in the area, say, Trenton and it did turn out to be Trenton by some crazy coincidence. Then anyone, (if by an even crazier event) if it wasn't Melinda who had done it could cry foul for Baez contaminating the crime scene and the state could be sued for allowing Baez to be anywhere near that child and contaminating everything. Until she was IDed he had no business there even after they were finished. It is so ridiculous I can't even think straight and don't even know if that make sense, but the gist is:THEY HAD NO RIGHT TO BE THERE. She's guilty and we all know it. Take a plea, offer a compromise and stop with the charade and waste of everyone's time. This is probably the first time in my life I can honestly say I truly hate people I have never met before but they whole lot of them disgusts me!

 

[RR0004]

First off, I went to Film School, not Law School, so please pardon my ignorance:

Even though Defense (nor Prosecution, for that matter) was not allowed to go visit the active crime scene, they would still have access to all the evidence and pictures that LE gathered, no? Looking at it completely objectively, we the general public have seen all matter of 3D imaging and lists and pictures and descriptions and all kinds of other things that were not on a "side" but were merely how it was. Is there a list somewhere of what specifically the Defense was looking for that could have been mishandled?

And so I ask, what is it that they claim was so deteriorated or spoiled? Are they arguing something was pocketed? It seems like they are saying "throw out this case because the evidence we need to prove she didn't do it is not there". Which I guess makes sense, if you are the defense on a sinking ship. Otherwise, you would have some details, and you would also have an innocent person who has been in jail for 11 months and screaming to the rooftops every real and verifiable reason she shouldn't be there.

...and let's not forget that the defense claims it's the same SA office that provided them with the information to claim she's innocent. So the office has credibility when it provides evidentiary proof of innocence...but not reliable in collecting evidence. Ok...I got it...NOT!

 

[impatientredhead]

I am confused here because the defense received Caylee's remains and per what Casey claimed Caylee was cremated against her wishes. So the defense had all of the remains and as for the top soil and surrounding landscaping, give me a break the top soil/landscaping is still there and the state released the area around Dec 19th and Baez declined to do his own investigation. I think the judge is going to end up getting tired of the games and he is not going to be so kind to the defense as he has been.

If the judge does flip out on Baez it will play right into his plan to claim downstream that his client could not get a fair trial. That the jury was tainted, the evidence tampered with, due process denied, blah blah blah blah.... it won't amount to anything in the long run but it is definitely where we are going.

At the end of the day it is JB's job to get his client as minimal of a sentence as ethically possible. He is doing his job to the best of his ability (insert sarcastic comment of your choice here), and that is good because it will make the next attorney's attempts to get an appeal based on inadequate representation that much more difficult.

We should all be relieved to see him making attempts to have the charges dismissed, reduced, trials moved. That is her right and the WORST thing that could possibly happen in this case is for her rights to be violated on the way to death row.

The judge knows that as well and I am sure we will continue to see him handle JB with the professional respect and courtesy he has earned (insert sarcastic comment of your choice here).

 

[JBean]

Howdy folks. I just spent about 45 minutes fixing broken quotes and copyright infringement in just this thread ugh.

Please, if you break a quote fix it
if someone else breaks a quote, don;t carry it
If you need help with broken quotes there is a sticky on it in the sticky forum.
When you post an article just post a few sentences, no more than 10% and a link.
If you see someone else has copied too much please don't quote it.
thank you.
can you try and stay on topic too?

 

[Trapshooter]

I just read the first two pages of the thread and had to come here real quick to post a question....and a statement!

First, if the defense is granted a change of venue, will the State of Florida have to pay for this expense? Seriously...will the State pay for rooms at the Marriott, breakfast, lunch, dinner, transportation, etc for each witness? Can you just imagine the cost of that?

Secondly, why does the defense have the audacity to ask for a dismissal? Okay let's play "stupid" for just a second....the case gets dismissed, KC walks free......how long do you all think she will stay alive? Seriously? Any nut job out there is just waiting for the opportunity to do just that, don't ya think?

 

[JBean]

I just read the first two pages of the thread and had to come here real quick to post a question....and a statement!

First, if the defense is granted a change of venue, will the State of Florida have to pay for this expense? Seriously...will the State pay for rooms at the Marriott, breakfast, lunch, dinner, transportation, etc for each witness? Can you just imagine the cost of that?

Secondly, why does the defense have the audacity to ask for a dismissal? Okay let's play "stupid" for just a second....the case gets dismissed, KC walks free......how long do you all think she will stay alive? Seriously? Any nut job out there is just waiting for the opportunity to do just that, don't ya think?

THANK YOU for getting on topic :blowkiss:

 

[Trapshooter]

One more question.....

Can Judge Strickland deny a change of venue? Does he have to give reasons why he denies a change of venue or can he just flat out deny it?

IF he did deny change of venue, would that open up the doors for an appeal?

 

[JBean]

Hi JBean,
Oops, I have no idea what I did and/or how I did it!! lol :innocent:
Thought I hit the quick reply button!
I'm gonna read up on that sticky-sorry!

No worries Christee. here is the link. the reason it is important is because after the broken quote gets carried, it starts to show as a person saying something that they didn't. Then everyone goes nuts that they are being misquoted and all heck breaks loose and so I just have to delete all the broken quoted posts and it is a real mess.
http://www.websleuths.com/forums/showthread.php?t=76874\

thanks

 

[The Eunice Burns]

Still reading the motions, but I noticed that in two of the motions, it is pointedly stated that KC is "chained around her stomach". Ostensibly to bolster their arguments......but it makes me wonder if they will try and claim physical abuse or cruel and inhumane treatment.......this "chained around her stomach" phrase being repeated.

Also, AL ripped off M Nejame.......stating that monitoring KC w/ her atty would "have a chilling effect" on their communications. Jab at Nejame.

Sorry if this has been said already, I'm still reading and catching up.

 

[milliac]

Has anyone gone thru and reviews the sources and ok is provide by AL in the motions?