Cindy's Deposition #3 *UPDATED* MOTION FILED

[JBean]

Wow, I didn't know that they could have just let ZG win. Is it like pleading no contest or something?

The defendant could have done nothing. One has so much time to respond to a complaint. if they don't respond, and of course if the plaintiff can show service, then a default judgment would most likely have been entered and that would have been that. Service is a no brainer because everything has been so public, even WE knew she was being sued; talk about published.LOL.
Trying to collect on the judgment is a separate matter, but this case would have been closed and over in no time.
IMO the downside is a judgment on KC's record, which is neither here nor there at this point, and/or if they could possible use this default judgment in her criminal proceedings. But everything else is so much larger than these issues that i cannot imagine any of those things would have even been a consideration.
Much bigger fish to fry than this and the consequences of a default should not have even been an issue,imo.

 

[LambChop]

I thought CA was very co-operative for the bulk of this depo. She began to get frustrated and annoyed only when the questioning attorney started repeating questions she had already answered, and asking questions in a confusing format. She clearly lost her cool when JM started wading in during the later part of the depo and frankly I'm not surprised. She obviously thinks this lawsuit is frivolous (one thing I agree with her on) and tried repeatedly to point out that no one in the A camp had ever said that this particular ZG was the person claimed to have taken Caylee.

JM's behaviour WAS bullying and intimidating. He made a point of reminding CA that the depo was a court procedure and that it could/would be used in court, but then proceeded to badger and bully CA (who is a witness) into a confession of her own 'guilt', as if she was actually in a court room and on trial herself!

I obviously don't know what is permitted in an actual court room in the US, but I know that such intimidation of a witness, and the bullying that was used to get this witness to confess to being 'guilty' of defamation herself (even though it is not CA that ZG has sued) would never be allowed in a UK court room.

Asking a question more than once can sometimes reveal whether or not a person is telling the truth. LE uses this type of questioning all the time. Cindy was way out of line with her answers and actually rude to the plaintiff. KC filed a counter-suit so her reasoning for delaying the civil trial I think would be out the window. The questioning was to prove that Cindy did in fact implicate ZG when she went on TV and indicated that KC claims she did not see a picture of this ZG therefore not clearing her. In KC's deposition she still did not clear ZG's as the person because in KC's world ZG is still a resource to her defense. IMO

 

[Balthazar]

I am now wondering about the downstream fallout from this deposition. If ZG's attorney's seek recompense from Cindy's Homeowner's Insurance Company and win millions or the total payable by the insurance in court, then, my next question is this: What will the insurance company do? Obviously pay the plaintiff, but then what? Will they cancel Cindy's homeowner's insurance? If they do so, I am guessing that Cindy will have to seek insurance from another company at a higher rate? Would she be insurable? Would the insurance take the Anthony house?

 

[Duckley]

Excellent question ..

Marla - I know this is off topic but I do have to say that the picture of the A family you have in your post is so telling.

Cindy is in the middle - the center of the family. She is pulling George's hand to her lap - clearly showing who is in control - showing where he needs to allign himself. Cindy is holding onto Lee's leg. If the grip was any tighter - he may have a bruised leg! She does not have the same control over Lee - she has to extend herself somewhat to hold onto him - but she is ready to squeeze - pounce - should he say or do the wrong thing.

I dont understand the power Cindy seems to hold over the family.

 

[Devon]

Originally posted by Devon
(snipped)

JM's behaviour WAS bullying and intimidating. He made a point of reminding CA that the depo was a court procedure and that it could/would be used in court, but then proceeded to badger and bully CA (who is a witness) into a confession of her own 'guilt', as if she was actually in a court room and on trial herself!


Would you give an example from the transcript where you consider JM to be "bullying" CA.

You have to listen to the audio to hear his aggressive tone and the level of his voice, his repeated shouting of 'yes or no, the way you like it' and his threatening remarks such as 'if you dare' and 'you're going to be thanking me for something else in a minute'.

Irrespective of any improper behaviour that CA is considered to have displayed during this depo, JM is an officer of the court and has a duty to comply with the rules and procedural and ethical codes of his profession. His aggression towards CA at the end of this depo is clearly retaliation for some of her behaviour/remarks and is IMO very UNprofessional.

 

[lost indie]

Nooooo, please don't make me watch that again. She thought she was being very clever. I would bet her lawyer was cringing inside. I just wanted to wipe that closed-mouthed smile (smirk?) off her face. My grandmother would have said "well isn't she the cat who ate the canary."

my grandma would have said "butter wouldn't melt in her mouth...."

 

[Devon]

First of all, this was NOT a trial, they were not in a courtroom and Cindy was not a witness. This was a DEPOSITION and Cindy was being deposed. Yes, there are procedures for a deposition and those procedures WERE FOLLOWED by the attorneys conducting the deposition.

Snipped

CA IS a witness - a deposition is a witness testimony, and I realise that the depo was not a trial and that they were not in a court room - that is why I think that JM's bullying of CA, in which he not only gets her to admit that she published KC's alleged defamation of ZG, but also that she defamed his client herself, is so outrageous. My point was that he was behaving as if CA was on trial, when the claim is not even against her.

http://en.wikipedia.org/wiki/Deposition_(law)

 

[Devon]

Also, let's remember, the ONLY reason she is being deposed is that Casey filed that counter-suit saying that Zenaida has ruined HER reputation!

Snipped

The reason for these depositions is to obtain evidence for and on behalf of ZG, for use in her claim against KC. They're not being done only because KC has countersued - they would have been needed anyway to gather evidence to support ZG's accusations. Also, I can't see any mention in KC's countersuit of allegations that ZG is ruining her reputation - only that the suit is intended to cause her harassment.

 

[ExpectingUnicorns]

You have to listen to the audio to hear his aggressive tone and the level of his voice, his repeated shouting of 'yes or no, the way you like it' and his threatening remarks such as 'if you dare' and 'you're going to be thanking me for something else in a minute'.

Irrespective of any improper behaviour that CA is considered to have displayed during this depo, JM is an officer of the court and has a duty to comply with the rules and procedural and ethical codes of his profession. His aggression towards CA at the end of this depo is clearly retaliation for some of her behaviour/remarks and is IMO very UNprofessional.

My bolding to point out that even you must think she was a difficult witness. Otherwise, why would it be your perception that JM was retaliating? Against what, if she was a cooperative witness? :waitasec:

 

[heartfortruth]

Snipped

CA IS a witness - a deposition is a witness testimony, and I realise that the depo was not a trial and that they were not in a court room - that is why I think that JM's bullying of CA, in which he not only gets her to admit that she published KC's alleged defamation of ZG, but also that she defamed his client herself, is so outrageous. My point was that he was behaving as if CA was on trial, when the claim is not even against her.

Devon and Always.......another perfect example here of two people looking and listening to the exact same thing and having two totally different opinions about it. I'm sure this is one of the reasons why our Founding Fathers were wise to incorporate a "checks and balances" system into the way our government functions. (or is supposed to) (sorry, OT)
I, for one, saw and heard a person who has been frequently confrontational from "day one"...(no, make that 31) and I saw and heard a GA who continues to try to paint himself the "good guy" / Victim. I have been trying to hang on to the "good guy" part but those depositions got on my last nerve.
I still wonder how an attorney, a LE officer, how ANYONE , can keep their head on half-way straight when talking with them........:crazy:

 

[Leila]

First of all, this was NOT a trial, they were not in a courtroom and Cindy was not a witness. This was a DEPOSITION and Cindy was being deposed. Yes, there are procedures for a deposition and those procedures WERE FOLLOWED by the attorneys conducting the deposition.

It was George and Cindy Anthony who were NOT FOLLOWING THE LEGAL RULES for a DEPOSITION.

Whether the Anthony attorney properly prepared them to be deposed or not (and I would think he did) they disregarded his legal advice. Throughout the deposition their attorney had the right to OBJECT TO A QUESTION. He did not do so because he ALREADY KNEW the question was not objectionable.

And even when the Anthony attorney WOULD feel a question fit into the "Objectionable" category, the person being deposed must STILL answer the question and the Objection is noted and a judge then decides if it was objectionable or not.

I think many who read here are confusing what goes on in a criminal trial and what goes on in a Deposition.

Yes, Baez made a huge, huge mistake by filing that countersuit. And yes, Cindy and George are any Prosecutor's dream. They are both transparent liars to the point of the ridiculous. Sad......sad.

Of note: "He said Morgan really got what he wanted by getting the statement from Cindy that she stated on TV the information about ZG......"
Yes, I noticed that right at the time. And that came rather early in Cindy's deposition. Right then and there the Morgan firm had what they needed. Everything else was "icing on the cake".

By the way, I would bet that these lawyers have dealt with many "George and Cindys" over the years. Their obvious experience in dealing with this type of witness was apparent. They did an outstanding job.

And I thought it was extremely telling that only after the Morgan firm stated they would be seeking "payment of attorney fees" did the Anthonys settle down even a little.

I couldn't agree more............you've done an excellent summary! :clap:

 

[jandkmom]

I think that the attorneys doing the questioning in the deposition did sometimes get an agressive tone, but that is their job. Any one that is trying to find the truth out about any area of this case is okay with me. If everyone answered the questions truthfully and didn't go around in circles with their answers and try to cover for each other, then there would be no reason to be aggressive. If KC had never said that a Zenaida had taken Caylee there would be no reason for the depositions in this case. If the GA and CA had found out if there was a real job and a real nanny two years ago there would be no depositions. They should sit there and answer each question honestly no matter how many times it is asked in my opinion and shouldn't have a problem with it. If you are telling the truth, you can't be tricked into saying anything.

 

[Devon]

My bolding to point out that even you must think she was a difficult witness. Otherwise, why would it be your perception that JM was retaliating? Against what, if she was a cooperative witness? :waitasec:

Yes of course she stepped over the mark during the last section of the depo, and she was clearly trying to derail his client's claim by attempting to demonstrate the flaws she thinks the defamation suit has. Her behaviour was certainly improper in places, but I have tried to imagine myself in a situation where I was being forced to give testimony in a claim I believed to be frivolous, and in circumstances such as exist in this instance, and I believe I would probably find it extremely difficult to remain civil! But the fact is that attorneys have a duty to ensure that proceedings they are engaged in are conducted in a professional manner and free from emotive reactions and personal animosities, they're not supposed to get spiteful and retaliate!

 

[kathryann]

I was wondering if anyone else noticed the look in Cindy's eyes??? That really strikes me as I watch her depo. She looks like she has mental issues, and I don't mean that as a smear against her, they just look very cold, unfeeling and angry.

 

[ExpectingUnicorns]

Yes of course she stepped over the mark during the last section of the depo, and she was clearly trying to derail his client's claim by attempting to demonstrate the flaws she thinks the defamation suit has. Her behaviour was certainly improper in places, but I have tried to imagine myself in a situation where I was being forced to give testimony in a claim I believed to be frivolous, and in circumstances such as exist in this instance, and I believe I would probably find it extremely difficult to remain civil! But the fact is that attorneys have a duty to ensure that proceedings they are engaged in are conducted in a professional manner and free from emotive reactions and personal animosities, they're not supposed to get spiteful and retaliate!

I believe JM did conduct himself in a professional manner. How can you find excuses for Cindy's "stepping over the mark," "derailing," and "improper behavior" while trying to hold others to perfection? JM repeatedly begged Cindy's counsel to get control of her and obviously even he couldn't. I admire JM for not becoming spiteful and still managing to conduct his deposition. He did live up to his "duty." But didn't Cindy have a duty, too? She was supposed to tell the truth.

 

[Dear Prudence]

I was wondering if anyone else noticed the look in Cindy's eyes??? That really strikes me as I watch her depo. She looks like she has mental issues, and I don't mean that as a smear against her, they just look very cold, unfeeling and angry.

Yes, I agree about her eyes, seemed very cold to me too. And she hardly ever blinks. Complete opposite of George who blinks so rapidly at times. Both seemed so strange to me that it was hard to watch at times.

 

[Devon]

I believe JM did conduct himself in a professional manner. How can you find excuses for Cindy's "stepping over the mark," "derailing," and "improper behavior" while trying to hold others to perfection? JM repeatedly begged Cindy's counsel to get control of her and obviously even he couldn't. I admire JM for not becoming spiteful and still managing to conduct his deposition. He did live up to his "duty." But didn't Cindy have a duty, too? She was supposed to tell the truth.

CA has just lost a beloved grandchild in the worst imaginable circumstances and her own child is accused of a heinous crime. She has a reason to be emotional, angry, hostile to perceived threats, whether we approve of the actual way she expresses her emotions or not. What excuse does JM have for his behaviour? It's not me that holds JM to perfection - his own professional code of ethics and the rules of his license agreement hold him to specific levels of professionalism and conduct.

 

[ExpectingUnicorns]

CA has just lost a beloved grandchild in the worst imaginable circumstances and her own child is accused of a heinous crime. She has a reason to be emotional, angry, hostile to perceived threats, whether we approve of the actual way she expresses her emotions or not. What excuse does JM have for his behaviour? It's not me that holds JM to perfection - his own professional code of ethics and the rules of his license agreement hold him to specific levels of professionalism and conduct.

Many people, many, many people have reason to be emotional, angry, etc but being able to express that in a civilized manner is what separates us from the animal kingdom. I don't think JM needs any excuse for his behavior but Cindy certainly does and what you have presented as her excuse doesn't pass the sniff test for me. She continues to tell lies.

 

[Devon]

Many people, many, many people have reason to be emotional, angry, etc but being able to express that in a civilized manner is what separates us from the animal kingdom. I don't think JM needs any excuse for his behavior but Cindy certainly does and what you have presented as her excuse doesn't pass the sniff test for me. She continues to tell lies.

Oh...if only humans did always express emotions such as anger, fear, hate, jealousy, and other such powerful and destructive feelings in a 'civilized manner' - we wouldn't have wars, civil riots, murders and all number of cruel and atrocious acts that happen because these emotions get the better of people!

Sadly, we humans are not as 'civilized' as we'd like to believe - our strongest emotions are nothing more than primeval instincts, the urge for self-preservation and protection of our own kin will usually kick in instinctively when we feel under threat. In that sense we are no different than the animal kingdom.

 

[sassy_texasbelle2]

CA has just lost a beloved grandchild in the worst imaginable circumstances and her own child is accused of a heinous crime. She has a reason to be emotional, angry, hostile to perceived threats, whether we approve of the actual way she expresses her emotions or not. What excuse does JM have for his behaviour? It's not me that holds JM to perfection - his own professional code of ethics and the rules of his license agreement hold him to specific levels of professionalism and conduct.

Maybe CA needs to go and take her rage and anger out on the one that caused all this. She needs to stop picking on the world. None of us killed her precious grandchild. We all are the ones that are trying to get justice for this precious baby. CA and her family seem to have forgotten this child. The only thing they care about is KC and covering her worthless butt. I cannot excuse their behavior. She came into her depostion just as GA did going to put the blame everywhere but on the one it should be on. So they are upset, they could have put a stop to it the night of the 15th of July if they had wanted. They chose to go back to work and ignore it one more time. Karma is a biotch, and theirs has slapped them hard. Personally I think they have not even been slapped as hard as they are going to be. You play your life by lies, deceit and blaming everyone else it always comes back to your door. OOO well they made their choices just like everyone else does now they live with them. I could care less what happens to any of them. Just sad it is Caylee in a vial around her neck listening to all this crap. Make room for another vial CA.