Casey's Reaction to Found Remains was Video Taped

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Chezhire said:
Neither of these cases even come near the factual scenario that Casey's case presents,
nor do they stand for the legal premise for which you cite same.

Trop vs. Dulles, here, for those of you WSers with access to Westlaw,
http://web2.westlaw.com/find/defaul...Set&RLT=CLID_FQRLT28232101753&TF=756&TC=1&n=1
did not even discuss or mention the issue/question of the 8th Amendment in the context of the question of what privacy rights, if any, does a prisoner have while imprisoned and awaiting trial. It's legal holding/premise for which it stands is as follows: "statute authorizing expatriation of person who is convicted by military court martial of desertion from United States Army in wartime and is given a dishonorable discharge, even though no attempt is made to give allegiance to a foreign power, is beyond the war powers of Congress."

Similarly NOT ON POINT, Doe vs. Dellie, here, for those of you WSers with access to Westlaw:
http://web2.westlaw.com/find/defaul...6&RLT=CLID_FQRLT2629254151753&TF=756&TC=1&n=1
did not even discuss or mention the issue/question of the 8th Amendment in the context of the question of what privacy rights, if any, does a prisoner have while imprisoned and awaiting trial. It involved an inmate whose medical condition was not maintained as a secret - again, nothing we're discussing on this thread.

Citing in globo to HIPAA isn't helpful either. We've all read it. :doh: Could you be more specific, please?

Any other, more specific, cites? please innundate me. :D
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People being able to watch you take a poop---now THATS cruel and unusual punishment! :D
 
debs said:
I'm not certain why it is cruel or unusual to take a prisoner to an area in the jail where, if on the hearing of news which could be horribly distressing to her (that there were remains, actual remains identified AS remains by LE officials 1600 feet from her own home back yard) she could be tended to as quickly as possible instead of wasting time hauling her from any other section of the jail TO the sick bay. Turns out, news WAS horrible for her, she WAS in an area they could administer immediate treatment, and she IS a prisoner in a jail where cameras are on her in nearly every corner of every room in there. I don't see how cruel and unusual would enter this at all.
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Maybe casey reacted that way because SHE KNEW SHE WAS BEING TAPED?
 
LinasK said:
8th amendment is NOT HIPPA. I have never suspected that Casey's HIPPA rights were violated, and I worked in Healthcare for 13 years in hospitals, nursing homes, and home health.
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Law Enforcement Agencies are not bound by HIPPA.
 
mom4321 said:
Maybe casey reacted that way because SHE KNEW SHE WAS BEING TAPED?
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She knows she's being taped in nearly every square inch of the jail, and she did not have a similar reaction to news that there might be human bones found in JBP.
 
mom4321 said:
Maybe casey reacted that way because SHE KNEW SHE WAS BEING TAPED?
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I think that's exactly it....She was putting on a show

"OMG.....somebody killed my Caylee"

It was all an act !
 
Just a few thoughts on this discussion..........



From what I understand the Camera that taped Casey was already installed

I think that Correctional institutions can video tape inmates in any area of their facility that they choose to.

Most hospital emergency rooms have Cameras in them

I doubt very much that the video tape of Casey's reaction is considered private information protected under HIPPA Laws.
 
Boston said:
I think that's exactly it....She was putting on a show

"OMG.....somebody killed my Caylee"

It was all an act !
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yes because by then she had already been told that her lack of reaction the park discovery was reported on.
 
Chezhire said:
Bolded emphasis by me.
Link for your supporting legal authority for the bolded portion, please? I ask because all of the case law that I'm familiar with stands for the opposite of what you're saying. Please feel free to throw up some case research cites' links, as we subscribe to them all at my law offices.

Again, link for your supporting legal authority for saying this? Again, I ask because all of the case law that I'm familiar with stands for the opposite of what you're saying.

Please feel free to throw up some case research cites' links, as we subscribe to them all at my law offices.
TIA!
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ITA...

It is my understanding, and if I'm wrong I'm sure someone will correct me, that prisoners have no expectation of privacy other than when they meet with their attorney. And even in that situation the guard can come into the room to make sure everything is on the up and up. There are cameras in the common rooms, the corridors, the waiting rooms, exercise yards, etc. There are even cameras in examining rooms....has no one ever heard of doctors and nurses being attacked by inmates?

I clearly remember the morning the remains were found. I was watching tv and the program was interrupted to announce that fact. Not only was it on all the stations but during the commercial breaks as well.

So many people are assuming that Casey was sitting in a room with a tv tuned to a news station. While that may be true it also may not because you would have been hard pressed to find a station that wasn't carrying some report about it. It hit the tv station within an hour of the call going out.

And I also fail to see how someone could think her 8th amendment rights were violated. The fact is that if an inmate is NOT afforded medical care at a time in which it may be needed THEN there would be a violation of 8th ammendment rights. Officials were just trying to avoid a problem if medical attention was required....imo

There is no way this video will be sealed...imo.

Just wait, next thing JB may want is to have the video, if there is one, of KC when the bones were found in the park and she didn't have ANY reaction!

JMO
 
one_hooah_wife said:
I am sorry to disagree ... but as an RN and for a while, Defense Med/Mal attorney, I know that HIPAA does apply, even to inmates! But as I said before ... it depends on if the person releasing information was or was not bound by this regulation.



http://www.law.uh.edu/healthlaw/perspectives/Privacy/030128HIPAAs.pdf
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[/quote]

The medical personnel in the jail are bound by HIPPA because they are medical personnel. LE agencies are not bound by HIPPA because they are not involved in health care. I'm an ambulance service supervisor and I deal with this every day of my life.

If the nurse in the infirmary had gone home and told her neighbor (and this is just an EXAMPLE) that KC had genital herpes and was on Valtrex, that is a HIPPA violation.

Now, for the other side of it. If in the course of questioning and investigation LE finds out that KC has filled a Rx for Valtrex every month for the last 3 years, they ask her what she's on Valtrex for and she tells them that she has genital herpes, LE can release that information.

I've got a giant book on HIPPA sitting behind me right now in my office. I deal with this in the real world all the time. Since KC was in jail, there is no expectation of privacy. She can be video taped, audio taped and photographed at any time or any place in the facility. The only thing that cannot be monitored by video or audio is inmates meetings with their attorneys.
 
I looked to see if this topic had already been started but didn't see it anywhere. I'm wondering if Baez didn't request having Casey filmed when she was told that a body had been found down from her parents home? I wonder if he didn't want a video of her breaking down so he can show it in court? Casey being the actor that she is would have gone along with the game and really put on a show....just like she did.
 
I don't see how it would help her. She didn't react when they thought it could be Caylee at JBP during the water search. The only way she would know it was Caylee in that field is if she put her there, imo. Her immediate reaction was telling and is not helping her case.
 
My personal opinion, NO, this was not the locating of a pet hamster. This was a precious little human being. No matter what I think of JB, I do not think he would do something like that. As for the jail, it was within their right to do so, and if it helps to prosecute her I hope she is locked away forever.
 
Great topic!!

Here is the discussion thread.

http://websleuths.com/forums/showthread.php?t=80034

Source: Anthony's Reaction To Remains Taped

POSTED: 5:57 pm EST February 19, 2009

ORLANDO, Fla. -- Investigators arranged to videotape Casey Anthony's reaction in jail when she learned that a child's remains were found near her family's home, a source told WESH 2 News exclusively on Thursday.

Anthony doubled over twice and appeared to hyperventilate, according to the source who has seen the tape.

Investigators say the tape shows Anthony's consciousness of guilt, because it was days before the remains were identified as her daughter Caylee.

WESH 2 News reporter Bob Kealing reported Thursday that Casey Anthony was purposefully taken to a jail nurse's station in December and seated where she could see breaking news coverage on TV about the child's remains. A video camera documented her reaction, a source said.

It was more than a week before the remains were identified as Caylee, who was reported missing last July.

Casey Anthony is charged with first-degree murder in connection with Caylee's death. She is in Orange County Jail on no bond awaiting trial later this year.

http://www.wesh.com/news/18753750/de...05020102192009
 
Personally, I can see both sides using it. Pros. showing it was showing guilt and Def. showing it was shock and grief.... 50-50 IMHO
 
Inmates medical files must be under lock and key at a correctional facility. It is a Department of Corrections regulation. HIPAA is very much in effect even in Correctional Facilities and Prisons. There are camera's in every area of the facility for security purposes. Even the inmates can see where the cameras are in the Infirmary, Dorms, hallways, kitchen, and just about everywhere you look. The Main Control Room as well as most of the other Control Rooms have monitors where you can switch to and view any area of the jail as well as the outside perimeter of the facility. The camera's are always rolling - 24/7. A non incident tape will be kept a minimum of 30 days before recording over. If an incident occurs, the tape will be kept forever as evidence along with full reports of the incident. This is for legal purposes and is a Department of Corrections regulation.

The Infirmary nurse will sometimes even call an inmate down to the Infirmary to discuss medications, check glucose levels, for Doctor's visits, and so forth. If there is a high profile inmate, it is not unusual at all for the inmate to go to the Infirmary to receive bad news. If there is an inmate that may have emotional problems or mental problems, they would be escorted to the Infirmary for the bad news. The Infirmary is the best place because the Officers do not know how the inmate will react. It would be either the Chaplain, the counselor, or the Major that would give the inmate the bad news.

Bottom line is that the Infirmary was a very wise decision. Casey is a high profile inmate, and no one could predict how she would react to the news.

I retired as a Booking and Classification Lieutenant and know the DOC and jail regulations.

***Inmates never have any expectation of privacy whatsoever.
 
one_hooah_wife said:
I am sorry to disagree ... but as an RN and for a while, Defense Med/Mal attorney, I know that HIPAA does apply, even to inmates! But as I said before ... it depends on if the person releasing information was or was not bound by this regulation.



http://www.law.uh.edu/healthlaw/perspectives/Privacy/030128HIPAAs.pdf
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[/quote]

Hi, one_hooah_wife!

You are exactly right. And no, Correctional Officers cannot disclose any medical information to anyone even if they are privy to that information (which they should not be). The officers in the control centers would be bound not to disclose anything they see on the camera's outside the facility except for in a court of law.

This tape is tricky business, tho. This tape is actually the property of the OCSO, because it is the county jail Casey is in. As you know, jail, correctional facilities, and prisons' lawyers use tapes in court all the time. Inmates are famous for bringing any type of lawsuits they can dream up. This tape of Casey would not actually disclose any real medical information per se, as you know. I would think that if this tape were used in court that it would have to be with no sound at all, and stopped at the moment Casey would start to say anything or ask for anything for her nerves. JMO.

Nothing even remotely like this ever came up where I worked, tho, so it is JMO.
 
debs said:
I'm not certain why it is cruel or unusual to take a prisoner to an area in the jail where, if on the hearing of news which could be horribly distressing to her (that there were remains, actual remains identified AS remains by LE officials 1600 feet from her own home back yard) she could be tended to as quickly as possible instead of wasting time hauling her from any other section of the jail TO the sick bay. Turns out, news WAS horrible for her, she WAS in an area they could administer immediate treatment, and she IS a prisoner in a jail where cameras are on her in nearly every corner of every room in there. I don't see how cruel and unusual would enter this at all.
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Oh yeah, it's cruel and unusual all right!!!

It is cruel and unusual for taxpayers to be paying for any more special treatment of this prisoner.
Other than that I really don't see why it isn't permissible to do what was done :camera: :applause:under existing statutes and case law.:read:
:smiliescale:
Humble Opinion :wolf:
 
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