Casey's Reaction to Found Remains was Video Taped

[FootballMom]

Jose's objection wasn't medical/HIPAA ....it was "outrageous and cruel" that someone would videotape such a traumatic moment for his client. That says it all for me.

I read that too.. hence why I suspect he will argue that her 8th Amendment rights were violated... I also read (paraphrasing) that he had objected to her medical right to privacy had been violated when she was taped.

I know JB doesn't have alot of credibilty on WS and he has made a few mistakes but maybe he knows more than we do about where exactly the tape was made.

There was a time when most of us thought that she had been notified in her cell, had a panic attack and asked for medication (based on media reports). Now we are told that she was taken to the clinic and purposely placed in front of the TV's to watch the coverage in order to tape her reaction and then she asked for medication.

 

[nancy botwin]

1. Either Casey's taken to the clinic for the purpose of receiving necessary medical treatment (HIPAA is likely implicated)

or

2. Casey's taken to the clinic for the purpose of ensuring she watches the media coverage while authorities monitor and record her reaction which, authorities believe, is likely to be incriminating.(6th Amendment is likely implicated)

To me, this sounds like an end-run on the 6th Amendment right to counsel-- which is not allowed. If this is a set up--which it seems to be if Casey wasn't in the clinic to receive medical care-- then deliberately taking Casey to a place where she will see the media coverage, for the purpose of eliciting her incriminating reaction to that coverage = tantamount to interrogation. (google "christian burial speech + interrogation")

Casey's constitutional rights are in full swing.
Casey has been indicted.
She has invoked her right to counsel. We even know her atty's name-- it's out there. Authorities are not allowed to interrogate her without her lawyer being present:

"Interrogation" includes "any words or action on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect."


I think this motion was a sound motion. I don't think the tapes should be released to the public right now. I would LOVE to see them, but I think their pretrial release could pose problems for justice in the long-run.

Personally, knowing what info we know now, I don't think these tapes should even be used as evidence. But I don't know all the facts. But from what I know-- and as others have already explained re: HIPAA-- and also because of the 6th amendment-- this is a motion JB should have made and it's a motion he's reasonably likely to win.

:couch: I abhor Casey Anthony ps.

 

[one_hooah_wife]

1. Either Casey's taken to the clinic for the purpose of receiving necessary medical treatment (HIPAA is likely implicated)

or

2. Casey's taken to the clinic for the purpose of ensuring she watches the media coverage while authorities monitor and record her reaction which, authorities believe, is likely to be incriminating.(6th Amendment is likely implicated)

To me, this sounds like an end-run on the 6th Amendment right to counsel-- which is not allowed. If this is a set up--which it seems to be if Casey wasn't in the clinic to receive medical care-- then deliberately taking Casey to a place where she will see the media coverage, for the purpose of eliciting her incriminating reaction to that coverage = tantamount to interrogation. (google "christian burial speech + interrogation")

Casey's constitutional rights are in full swing.
Casey has been indicted.
She has invoked her right to counsel. We even know her atty's name-- it's out there. Authorities are not allowed to interrogate her without her lawyer being present:

"Interrogation" includes "any words or action on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect."


I think this motion was a sound motion. I don't think the tapes should be released to the public right now. I would LOVE to see them, but I think their pretrial release could pose problems for justice in the long-run.

Personally, knowing what info we know now, I don't think these tapes should even be used as evidence. But I don't know all the facts. But from what I know-- and as others have already explained re: HIPAA-- and also because of the 6th amendment-- this is a motion JB should have made and it's a motion he's reasonably likely to win.

:couch: I abhor Casey Anthony ps.

I have to agree NB ... however, you have to concede that a motion made on the basis of crap is only crap ... (Shouting indignantly, "I object!!!," without stating why ... just isn't done, except on Mattlock). He should have cited cases that bolster his client's position whether, 6th amendment, 8th amendment or the HIPAA Ruling ... the "Honorable Court" no matter how Casey "prays", cannot consider action against the 1st amendment without greater cause AND PRECEDENCE!!

 

[karen7868]

The fact that she showed no emotion at all with the JB park finding before it was known what was found says VOLUMES!!

ITA Indicat. Makes me wonder if the whole JB park was a big set-up just to see what reaction they got out of KC. IIRC, LP did say something to the effect of don't be surprised if the body had already been found.

Can't wait to see the tape!!! if we ever do.

 

[nancy botwin]

I have to agree NB ... however, you have to concede that a motion made on the basis of crap is only crap ... (Shouting indignantly, "I object!!!," without stating why ... just isn't done, except on Mattlock). He should have cited cases that bolster his client's position whether, 6th amendment, 8th amendment or the HIPAA Ruling ... the "Honorable Court" no matter how Casey "prays", cannot consider action against the 1st amendment without greater cause AND PRECEDENCE!!

You know-- I actually haven't READ the motion-- only what media reports have said about the motion! Is the motion available online??

Even without reading the motion, I imagine you're assessment (lol @ the matlock flashbacks) is right on-- JB never seems to cite case law or even relevant statutes most of the time :waitasec: Maybe LKB will write this motion and it'll be good??

(I have this heinous mental image of casey eating cheetohs and watching matlock reruns on youtube via jb's laptop while jb reads "crim law for dummies" :chicken

 

[karen7868]

I'd pay to see it.

I would pay to see it too Kat!

Maybe they could put it on pay-per-view with ALL proceeds going to the Missing and Exploited organization.

 

[debs]

If all prisoners are videotaped at all times in every aspect of the jail, and Casey has to be isolated from other prisoners when outside of her jail cell, and the day room is usually filled with general pop prisoners, they have to find an area where she can watch in isolation. Since it would be logical to assume that sick bay is protected from the casual prisoner walking by, then it would seem to me a likely area to take a prisoner under isolated custody to watch something pertinent to her case. All areas are videotaped at all times. There is no attempt to get her to confess. All prisoners are observed at all times. That's just the facts of jail.

 

[one_hooah_wife]

You know-- I actually haven't READ the motion-- only what media reports have said about the motion! Is the motion available online??

Even without reading the motion, I imagine you're assessment (lol @ the matlock flashbacks) is right on-- JB never seems to cite case law or even relevant statutes most of the time :waitasec: Maybe LKB will write this motion and it'll be good??

(I have this heinous mental image of casey eating cheetohs and watching matlock reruns on youtube via jb's laptop while jb reads "crim law for dummies" :chicken

Actually, I am going on JB's previous motions for my fodder ... aside, dosen't it bother you, as a lawyer, watching TV, when lawyers stand and say "I object!" without reason ... as on Matlock???? and soooo many others!!??? Argggggh that is such BS! Unfortunately, to date, all of JB's motions (released) have contained ... well just as much a LACK of substance ... if only he employeed a few research hungry law clerks!! I hate to say it but I would have been a credit to the defense in my day as a lowly clerk!! LOL

 

[karen7868]

A plausible theory. But who would throw a reeking thirty-five pound laundry bag off of Suburban Drive ?

Maybe somebody KC paid off from all the money she had been stealing.

With her being petite and probably playing that card as a reason to not be able to handle it herself, and not to mention a way with using men, it wouldn't be hard to believe. JMHO.

I just hope is wasn't JG she duped.

 

[karen7868]

I would almost bet the "Oh "F%(&" were the first words that came out of her mouth when she found out. So it's probably safe to say there will be a lot of "bleeping" if we ever see the video.


We all know by now the "F" bomb is one of KC's favorite words. JMHO as always.

 

[nancy botwin]

Actually, I am going on JB's previous motions for my fodder ... aside, dosen't it bother you, as a lawyer, watching TV, when lawyers stand and say "I object!" without reason ... as on Matlock???? and soooo many others!!??? Argggggh that is such BS! Unfortunately, to date, all of JB's motions (released) have contained ... well just as much a LACK of substance ... if only he employeed a few research hungry law clerks!! I hate to say it but I would have been a credit to the defense in my day as a lowly clerk!! LOL

I love it when they randomly jump up and say "i object!" -- hahah it's weirdly comedic to me! it's like Toddler Court or something?? :crazy: I can really see JB doing this during trial...

But yes, JB's motions are VERY lacking. I don't understand it really--he needs some research clerks/interns/SOMETHING asap. I've had weird crazed insomniac fantasies about how I could, like, volunteer to clerk for Baez just so I could read all the evidence-- like every last page of it ??? completely random and strange-- but that's how addicted I am to this case and also how much I agree with you that JB definitely needs some help in motion practice.

 

[Pink Panther]

If all prisoners are videotaped at all times in every aspect of the jail, and Casey has to be isolated from other prisoners when outside of her jail cell, and the day room is usually filled with general pop prisoners, they have to find an area where she can watch in isolation. Since it would be logical to assume that sick bay is protected from the casual prisoner walking by, then it would seem to me a likely area to take a prisoner under isolated custody to watch something pertinent to her case. All areas are videotaped at all times. There is no attempt to get her to confess. All prisoners are observed at all times. That's just the facts of jail.

Yep. Unfortunately, on this one - yet again - I think that Strickland will rule in her favour. Again, to ensure that she doesn't have grounds for appeal.

MOO

 

[one_hooah_wife]

I love it when they randomly jump up and say "i object!" -- hahah it's weirdly comedic to me! it's like Toddler Court or something?? :crazy: I can really see JB doing this during trial...

But yes, JB's motions are VERY lacking. I don't understand it really--he needs some research clerks/interns/SOMETHING asap. I've had weird crazed insomniac fantasies about how I could, like, volunteer to clerk for Baez just so I could read all the evidence-- like every last page of it ??? completely random and strange-- but that's how addicted I am to this case and also how much I agree with you that JB definitely needs some help in motion practice.

Ha Ha ... and how is he professor emeritus at some sad law "college" teaching "pre-trial practice"!! ... uh hum ...NOT

 

[one_hooah_wife]

Yep. Unfortunately, on this one - yet again - I think that Strickland will rule in her favour. Again, to ensure that she doesn't have grounds for appeal.

MOO

I still believe that it can be successfully argued that KC had no expectation of privacy ... UNLESS she was surrounded ONLY by those that were obligated to hold her actions and response as private/personal medical information!!

 

[nancy botwin]

I would almost bet the "Oh "F%(&" were the first words that came out of her mouth when she found out. So it's probably safe to say there will be a lot of "bleeping" if we ever see the video.


We all know by now the "F" bomb is one of KC's favorite words. JMHO as always.

Yes -- I'm thinking there's some cold/angry use of expletives (in an "ok i'm definitely screwed" tone of voice) and then she works into the frenzy of hyperventilation because this just can't be happening to CASEY! What's CASEY going to do now?

I'm thinking it must be glaringly obvious that she's reacting out of selfishness and has no concern/sadness for her daughter- because, honestly if she were hysterical and upset and crying and just freaking out, IMO that would be GOOD for the defense (whether the remains had been ID's already or not). Because we have YET to see Casey Anthony display appropriate affect or any semblance of non-egocentric emotion. We've yet to see her cry or get upset about anything other than her own situation. She isn't relatable and she's beyond unlikable. Seeing a frantic mother crying about the uncertain fate of her child could pull jurors in her direction IMO. So I'm pretty sure the tape makes it very very clear that Casey is not a frantic mother crying about the uncertain fate of her child. I bet it's pretty chilling. Didn't JB go to the hospital after this tape was released to him?

 

[nancy botwin]

Ha Ha ... and how is he professor emeritus at some sad law "college" teaching "pre-trial practice"!! ... uh hum ...NOT

Yes that's also VERY strange to me. Maybe his students can help him? Kidding...but not kidding.:chicken:

 

[sweetmop]

Why, yes, Yes I do, one_hooah_wife!!!!

 

[one_hooah_wife]

Why, yes, Yes I do, one_hooah_wife!!!!

Don't we all ... and I hope that they do!! TY SM :blowkiss:

 

[Spangle]

1. Either Casey's taken to the clinic for the purpose of receiving necessary medical treatment (HIPAA is likely implicated)

or

2. Casey's taken to the clinic for the purpose of ensuring she watches the media coverage while authorities monitor and record her reaction which, authorities believe, is likely to be incriminating.(6th Amendment is likely implicated)

To me, this sounds like an end-run on the 6th Amendment right to counsel-- which is not allowed. If this is a set up--which it seems to be if Casey wasn't in the clinic to receive medical care-- then deliberately taking Casey to a place where she will see the media coverage, for the purpose of eliciting her incriminating reaction to that coverage = tantamount to interrogation. (google "christian burial speech + interrogation")

Casey's constitutional rights are in full swing.
Casey has been indicted.
She has invoked her right to counsel. We even know her atty's name-- it's out there. Authorities are not allowed to interrogate her without her lawyer being present:

"Interrogation" includes "any words or action on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect."


I think this motion was a sound motion. I don't think the tapes should be released to the public right now. I would LOVE to see them, but I think their pretrial release could pose problems for justice in the long-run.

Personally, knowing what info we know now, I don't think these tapes should even be used as evidence. But I don't know all the facts. But from what I know-- and as others have already explained re: HIPAA-- and also because of the 6th amendment-- this is a motion JB should have made and it's a motion he's reasonably likely to win.

:couch: I abhor Casey Anthony ps.

If that was so, then they would not be able to use the taped conversations with her and her parents, and other visitors. Yet, we see that they can and have released them to the public.

Casey can not even go to the bathroom in private. aghm.. Which in the out side world would be considered lewd behavior and can get you jail time. <shrug> Oh, and registered as a sex offender.

Things are different in the slammer. She knows there are cameras everywhere. They are not hidden. They are recording both pictures and voice.

It's going to be interesting, for sure.

 

[Spangle]

I read that too.. hence why I suspect he will argue that her 8th Amendment rights were violated... I also read (paraphrasing) that he had objected to her medical right to privacy had been violated when she was taped.

I know JB doesn't have alot of credibilty on WS and he has made a few mistakes but maybe he knows more than we do about where exactly the tape was made.

There was a time when most of us thought that she had been notified in her cell, had a panic attack and asked for medication (based on media reports). Now we are told that she was taken to the clinic and purposely placed in front of the TV's to watch the coverage in order to tape her reaction and then she asked for medication.

He doesn't have crediblaty with me, because he never puts anything in his motions, etc.. that show the legeal standing he is trying to use.

He says "I object".. The courts says "Why?".. He says "Because I object."

Huh?? I don't think it's fair to Casey to have such as her lawyer. But she wants him... It when she uses his lack of ablity later, it will be wrong ... But she will...

As a Tax payer, I object!