OldSarge
Old Sarge
1000 percent correct!
Caylee Anthony 3 year old General discussion #98
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1000 percent correct!
I did read two names of other lawyers who were "part of the defense team". Casey is going to bankrupt her family.
cuppy199
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I thought it happened sometime before the beginning, so that each side can deal with whatever they find out.
I don't know. I think most defense attorney's would want to get their client out on bail. Remember he argued to get her bail reduced so that she could go home. It is SOP.
I admit stupidity.
OldSarge
Old Sarge
PRETRIAL discovery, is correct.
bluedevil21
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i am researching discovery rules in florida, give me 2 minutes....
Thanks sarge...
I'm sure that's true most of the time. But Cowboy is saying he's going to be with her 24/7 and get the truth out of her. I don't know why a defense attorney would want that.
panthera
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Actually I meant Beth Chapman to be alone with her for 5 min.!! I'll gladly wait my turn after HER!!!
OldSarge
Old Sarge
God Bless you ALL....
Must feed my wife.
Keep the faith, and defend the truth.... Folks.
Must feed my wife.
Keep the faith, and defend the truth.... Folks.
Maybe getting the truth out of her means convincing her to talk to her attorney and working out a plan to aid her defense and locate Caylee.
Hmm . . . well, I don't know about Florida, but there is this in federal courts:
Information Not Subject to Disclosure
Except for scientific or medical reports, Rule 16(b)(1) does not authorize discovery or inspection of: (1) reports, memoranda, or other documents made by the defendant, or the defendant's attorney or agent, during the case's investigation or defense; or (2) a statement made to the defendant, or the defendant's attorney or agent, by (a) the defendant; (b) a government or defense witness; or (c) a prospective government or defense witness.
More federal discovery rules: http://www.utahcriminaldefenselaw.c...ry-obligations-in-federal-criminal-cases.html
The more I read this, the less I understand it -- but it seems to say "Rule 16" . . . "does not authorize discovery or inspection of". . . "a statement made to" . . . "the defendant's attorney or agent" . . . "by the defendant" . . ."or a prospective government or defense witness."
So maybe Casey could confess to Leonard, and he could just keep it to himself???? Surely he wouldn't, though.
Information Not Subject to Disclosure
Except for scientific or medical reports, Rule 16(b)(1) does not authorize discovery or inspection of: (1) reports, memoranda, or other documents made by the defendant, or the defendant's attorney or agent, during the case's investigation or defense; or (2) a statement made to the defendant, or the defendant's attorney or agent, by (a) the defendant; (b) a government or defense witness; or (c) a prospective government or defense witness.
More federal discovery rules: http://www.utahcriminaldefenselaw.c...ry-obligations-in-federal-criminal-cases.html
The more I read this, the less I understand it -- but it seems to say "Rule 16" . . . "does not authorize discovery or inspection of". . . "a statement made to" . . . "the defendant's attorney or agent" . . . "by the defendant" . . ."or a prospective government or defense witness."
So maybe Casey could confess to Leonard, and he could just keep it to himself???? Surely he wouldn't, though.
MommaD
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ty AmyD it was all there plus more postings.. ty again..
bluedevil21
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here is what i found (sorry it is rather lengthy)....
In the February 18, 1999, the Florida Supreme Court, sua sponte (on it's own) amended rule 3.220(a), Notice of Discovery, to provide in pertinent part:
Participation by a defendant in the discovery process, including the taking of any deposition by a defendant or the filing of a public records request under chapter 119, Florida Statutes for nonexempt law enforcement records relating to the defendant's pending prosecution, shall be an election to participate in discovery and triggers a reciprocal discovery obligation for the defendant.
RULE OF CRIMINAL PROCEDURE 3.220. DISCOVERY
(as amended, effective 12:01 am, 10/196)
Note: see: 21 FLW S369.
(a) Notice of Discovery. After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with the court and serving on the prosecuting attorney a "Notice of Discovery" which shall bind both the prosecution and defendant to all discovery procedures contained in these rules. Participation by a defendant in the discovery process, including the taking of any deposition by a defendant, shall be an election to participate in discovery. If any defendant knowingly or purposely shares in discovery obtained by a codefendant, the defendant shall be deemed to have elected to participate in discovery.
***
(c) Disclosure to Prosecution.
(1) After the filing of the charging document and subject to constitutional limitations, the court may require a defendant to:
(A) appear in a lineup;
(B) speak for identification by witnesses to an offense;
(C) be fingerprinted;
(D) pose for photographs not involving reenactment of a scene;
(E) try on articles of clothing;
(F) permit the taking of specimens of material under the defendant's fingernails;
(G) permit the taking of samples of the defendant's blood, hair, and other materials of the defendant's body that involves no unreasonable intrusion thereof;
(H) provide specimens of the defendant's handwriting; and
(I) submit to a reasonable physical or medical inspection of the defendant's body.
(2) If the personal appearance of a defendant is required for the foregoing purposes, reasonable notice of the time and location of the appearance shall be given by the prosecuting attorney to the defendant and his or her counsel. Provisions may be made for appearances for such purposes in an order admitting a defendant to bail or providing for pretrial release.
(d) Defendant's Obligation.
(1) If a defendant elects to participate in discovery, either through filing the appropriate notice or by participating in any discovery process, including the taking of a discovery deposition, the following disclosures shall be made:
(A) Within 15 days after receipt by the defendant of the Discovery Exhibit furnished by the prosecutor pursuant to subdivision (b)(1)(A) of this rule, the defendant shall furnish to the prosecutor a written list of the names and addresses of all witnesses whom the defendant expects to call as witnesses at the trial or hearing. When the prosecutor subpoenas a witness whose name has been furnished by the defendant, except for trial subpoenas, the rules applicable to the taking of depositions shall apply.
(B) Within 15 days after receipt of the prosecutor's Discovery Exhibit the defendant shall serve a written Discovery Exhibit which shall disclose to and permit the prosecutor to inspect, copy, test, and photograph the following information and material that is in the defendant's possession or control:
(i) the statement of any person listed in subdivision (d)(1)(A), other than that of the defendant;
(ii) reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons; and
(iii) any tangible papers or objects that the defendant intends to use in the hearing or trial.
(2) The prosecutor and the defendant shall perform their obligations under this rule in a manner mutually agreeable or as ordered by the court.
(3) The filing of a motion for protective order by the prosecutor will automatically stay the times provided for in this subdivision. If a protective order is granted, the defendant may, within 2 days thereafter, or at any time before the prosecutor furnishes the information or material that is the subject of the motion for protective order, withdraw the defendant's notice of discovery and not be required to furnish reciprocal discovery.
(e) Restricting Disclosure. The court on its own initiative or on motion of counsel shall deny or partially restrict disclosures authorized by this rule if it finds there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment resulting from the disclosure, that outweighs any usefulness of the disclosure to either party.
(f) Additional Discovery. On a showing of materiality, the court may require such other discovery to the parties as justice may require.
(g) Matters Not Subject to Disclosure.
(1) Work Product. Disclosure shall not be required of legal research or of records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the prosecuting or defense attorney or members of their legal staffs.
(2) Informants. Disclosure of a confidential informant shall not be required unless the confidential informant is to be produced at a hearing or trial or a failure to disclose the informant's identity will infringe the constitutional rights of the defendant.
http://www.fdle.state.fl.us/OGC/Legal_Bulletins/lb9602_9-24.html
In the February 18, 1999, the Florida Supreme Court, sua sponte (on it's own) amended rule 3.220(a), Notice of Discovery, to provide in pertinent part:
Participation by a defendant in the discovery process, including the taking of any deposition by a defendant or the filing of a public records request under chapter 119, Florida Statutes for nonexempt law enforcement records relating to the defendant's pending prosecution, shall be an election to participate in discovery and triggers a reciprocal discovery obligation for the defendant.
RULE OF CRIMINAL PROCEDURE 3.220. DISCOVERY
(as amended, effective 12:01 am, 10/196)
Note: see: 21 FLW S369.
(a) Notice of Discovery. After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with the court and serving on the prosecuting attorney a "Notice of Discovery" which shall bind both the prosecution and defendant to all discovery procedures contained in these rules. Participation by a defendant in the discovery process, including the taking of any deposition by a defendant, shall be an election to participate in discovery. If any defendant knowingly or purposely shares in discovery obtained by a codefendant, the defendant shall be deemed to have elected to participate in discovery.
***
(c) Disclosure to Prosecution.
(1) After the filing of the charging document and subject to constitutional limitations, the court may require a defendant to:
(A) appear in a lineup;
(B) speak for identification by witnesses to an offense;
(C) be fingerprinted;
(D) pose for photographs not involving reenactment of a scene;
(E) try on articles of clothing;
(F) permit the taking of specimens of material under the defendant's fingernails;
(G) permit the taking of samples of the defendant's blood, hair, and other materials of the defendant's body that involves no unreasonable intrusion thereof;
(H) provide specimens of the defendant's handwriting; and
(I) submit to a reasonable physical or medical inspection of the defendant's body.
(2) If the personal appearance of a defendant is required for the foregoing purposes, reasonable notice of the time and location of the appearance shall be given by the prosecuting attorney to the defendant and his or her counsel. Provisions may be made for appearances for such purposes in an order admitting a defendant to bail or providing for pretrial release.
(d) Defendant's Obligation.
(1) If a defendant elects to participate in discovery, either through filing the appropriate notice or by participating in any discovery process, including the taking of a discovery deposition, the following disclosures shall be made:
(A) Within 15 days after receipt by the defendant of the Discovery Exhibit furnished by the prosecutor pursuant to subdivision (b)(1)(A) of this rule, the defendant shall furnish to the prosecutor a written list of the names and addresses of all witnesses whom the defendant expects to call as witnesses at the trial or hearing. When the prosecutor subpoenas a witness whose name has been furnished by the defendant, except for trial subpoenas, the rules applicable to the taking of depositions shall apply.
(B) Within 15 days after receipt of the prosecutor's Discovery Exhibit the defendant shall serve a written Discovery Exhibit which shall disclose to and permit the prosecutor to inspect, copy, test, and photograph the following information and material that is in the defendant's possession or control:
(i) the statement of any person listed in subdivision (d)(1)(A), other than that of the defendant;
(ii) reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons; and
(iii) any tangible papers or objects that the defendant intends to use in the hearing or trial.
(2) The prosecutor and the defendant shall perform their obligations under this rule in a manner mutually agreeable or as ordered by the court.
(3) The filing of a motion for protective order by the prosecutor will automatically stay the times provided for in this subdivision. If a protective order is granted, the defendant may, within 2 days thereafter, or at any time before the prosecutor furnishes the information or material that is the subject of the motion for protective order, withdraw the defendant's notice of discovery and not be required to furnish reciprocal discovery.
(e) Restricting Disclosure. The court on its own initiative or on motion of counsel shall deny or partially restrict disclosures authorized by this rule if it finds there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment resulting from the disclosure, that outweighs any usefulness of the disclosure to either party.
(f) Additional Discovery. On a showing of materiality, the court may require such other discovery to the parties as justice may require.
(g) Matters Not Subject to Disclosure.
(1) Work Product. Disclosure shall not be required of legal research or of records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the prosecuting or defense attorney or members of their legal staffs.
(2) Informants. Disclosure of a confidential informant shall not be required unless the confidential informant is to be produced at a hearing or trial or a failure to disclose the informant's identity will infringe the constitutional rights of the defendant.
http://www.fdle.state.fl.us/OGC/Legal_Bulletins/lb9602_9-24.html
I guess... I'm still convinced there is some hinky deal going on between Baez, Cowboy, and the "Journalist" in New York.
Your welcome Momma!:square:
bluedevil21
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technically (and legally speaking), there cannot be any official deal for baez. as an attorney, you cannot accept future rights in any movie, book, etc for a case that you are currently working on - even your own book, movie, whatever. (this is not to say, of course, that he isn't doing all of this under the table. but he is running a huge risk that the bar association will find out when he actually made the deal - and then they can strip him of his license for it)
pregodego2
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I think the truth being slipped out here is that the beach is probably where casey took caylee when saying she was going to work. Which leads me to believe that now that little caylee was talking more, she would/was telling grandmom cindy where her and mommy went all day.
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