Cindy's Deposition #3 *UPDATED* MOTION FILED

[Manny]

I am not a judge but I have to ask..what in the world does his question have to do with the civil case?? It is part or at least linked to the criminal case.

 

[Themis]

OK---SO, the Judge will hear the motion on May 21---then an appointment will be made for CA to finish her depo. Got it-------Question---> will the next depo or finishing of the first, be heard before a Judge? I really wanna see how she acts before a Judge. Gosh, thats nearly a month away just to see when the depo will be. Then probably another month. Just the depos will take a year at this rate.

Before a Judge? Could go either way -- just rescheduling to finish the depo OR before a judge. Usually judicial resources are too scarce. Has a judge been assigned permanently to the civil trial yet?

 

[CarolinaMoon]

I'm thinking it would be an amount based on the attorney's and staff fee for filing this document and recreating another depo...oh and add in the court reporter as well. Going on personal experience with depos and court filing costs...I'm thinking a good 2000.00 if not more.

At least! Let's not forget that there will probably be MORE than one Morgan attorney there. At the deposition, there were 3: Mitnik, Morgan, and Dill.

The videographer was there as well. They don't come cheap!

 

[Dear Prudence]

The motion to compel Cindy to answer whether Casey ever used her credit cards without permission is the only question on the motion. Didn't Cindy refuse to answer numerous other things in the depo? Or maybe it just seems that way because of her attitude. And what about George? It seems like he refused to answer some questions but we haven't seen a motion to compel him. I wonder why just this one question about the credit cards.

 

[Amil]

I'm just wondering if there will be perjury charges filed against Cindy and/or George due to their "mistruths" during the first depo. I have heard how serious depos are supposed to be and it's very obvious the Anthony's were NOT truthful at all. Has there ever been a case where someone has actually been fined or charged for not telling the truth in a depo?

If Cindy is arrested for perjury, can the prosecutors use taped FBI interviews instead of the woman herself as testimony from her?

 

[nanny1]

This just gets better and better <snicker>.....finally, a little KARMA is coming Cindy's way.

I hope she refuses to answer the question in front of the judge and talks to the judge like she did to JM..I would give almost anything to see them put the Pink cuffs on her..:behindbar:behindbaropcorn:opcorn::floorlaugh::floorlaugh::floorlaugh::floorlaugh:

 

[Janis396]

At least! Let's not forget that there will probably be MORE than one Morgan attorney there. At the deposition, there were 3: Mitnik, Morgan, and Dill.

The videographer was there as well. They don't come cheap!

Well, maybe Cindy can get a discount if she furnishes the video camera again.

 

[Mamabear1963]

The motion to compel Cindy to answer whether Casey ever used her credit cards without permission is the only question on the motion. Didn't Cindy refuse to answer numerous other things in the depo? Or maybe it just seems that way because of her attitude. And what about George? It seems like he refused to answer some questions but we haven't seen a motion to compel him. I wonder why just this one question about the credit cards.

I have been thinking about this part of the depo and I can't shake that there was something about this part that just sat wrong with me...

I believe there were other questions CA found irrelevant as well so there must be something here...

aside from the att. trying to prove that KC did not have the means to be paying a nanny.

 

[Themis]

I am not a judge but I have to ask..what in the world does his question have to do with the civil case?? It is part or at least linked to the criminal case.

The civil case is about ZG and the damage done to her, which was an integral part of the investigation of the criminal case. But, basically, in a civil subpoena, he can ask her if she's ever had green hair if he wants. He could believe it might lead to some relevant evidence. Basically, he can ask anything he can think of. There are very few limitations and remember, in the civil deposition, there is no judge there. Any objections go like this:

Attorney for Plaintiff (deposing): What color was the hibiscus bush you transplanted in your back yard?

Attorney for Deponent: Objection! Irrelevant.

[The objection is thus preserved for the record in case this deposition has to be used in court -- then, and only then would a judge rule on the objection. If the objection is upheld, only that answer and the follow-on questions and answers would be "redacted" or deleted before the deposition -- a substitute for testimony -- is read to the jury.]

After the objection is made for the record -- the witness must either claim the 5th, claim a privilege or answer the question. Almost always, the witness must answer the question or face a motion to compel.

 

[OneLostGrl]

:woohoo: Have a nice weekend, Cindy ..

:clap::clap:

 

[Paintr]

The motion to compel Cindy to answer whether Casey ever used her credit cards without permission is the only question on the motion. Didn't Cindy refuse to answer numerous other things in the depo? Or maybe it just seems that way because of her attitude. And what about George? It seems like he refused to answer some questions but we haven't seen a motion to compel him. I wonder why just this one question about the credit cards.

If this is the only question listed on the motion does this mean that it is the only question (and questions related to this subject) that JM gets to ask on the new depo? Or can he branch out into other areas?

 

[Themis]

I'm thinking it would be an amount based on the attorney's and staff fee for filing this document and recreating another depo...oh and add in the court reporter as well. Going on personal experience with depos and court filing costs...I'm thinking a good 2000.00 if not more.

Oh, add a zero and that is probably ballpark.

CA's gonna be

 

[SewingDeb]

I am not a judge but I have to ask..what in the world does his question have to do with the civil case?? It is part or at least linked to the criminal case.

I think they want to show that Casey stole constantly which proves she was not earning money and had no need for nor ability to pay a nanny.

 

[Themis]

If this is the only question listed on the motion does this mean that it is the only question (and questions related to this subject) that JM gets to ask on the new depo? Or can he branch out into other areas?

He just needs one question to make his point and get her to change her attitude. He could do many depos with her, so he will continue with depos on that day and any other day until he gets what he needs.

 

[Themis]

I think they want to show that Casey stole constantly which proves she was not earning money and had no need for nor ability to pay a nanny.

Good point, but he doesn't have to explain his reason for asking. So far, CA's attorney did not stop the depo and bring a motion to rule on any objection to prevent him from asking the question.

 

[Paintr]

Oh, add a zero and that is probably ballpark.

CA's gonna be

:applause::applause::applause:

Another smile. I love your little exploding guy.

Thank you kindly for answering all our questions. You are appreciated.

 

[Paintr]

He just needs one question to make his point and get her to change her attitude. He could do many depos with her, so he will continue with depos on that day and any other day until he gets what he needs.

So this is a whole new ball game. :woohoo:

 

[Themis]

If Cindy is arrested for perjury, can the prosecutors use taped FBI interviews instead of the woman herself as testimony from her?

If she is in jail when the time comes for her to testify in the criminal trial, then she is under the control of the County, a governmental agency, and they would have to bring her in to testify.

 

[Amil]

Do you think Cindy will do herself in ala Melinda Duckett? She hasn't spoken to her daughter, her granddaughter is deceased, she is viewed with contempt by the general public.

 

[MissJames]

it is VERY likely that the Judge will rule in JM's favor as far as answering the ?'s. not as sure how he will rule in re. the costs being attributed to CA.

depos aren't like trial - the spectrum is very broad and you can't just refuse to answer because YOU don't think the ? is relevant. in re. the credit cards, JM may be trying to establish several things, including KC's honesty and that she used the cc's because she had no $ of her own because she had no job, therefore she could not be paying ANY nanny. it could be any number of things.

I agree that the question is relevent for many reasons.It's not just a matter of saying that's not the nanny.They are proving that THIS ZG was pulled into the case by KC's deception.
I would hope that since it was made clear to Cindy when she refused to answer that she would incur the court costs if they had to return,that th judge would have no problem attributing the costs to Cindy.Even BC could not come up with a true opposition to the question.
ETA My avitar keeps dragging me outside to play on his beautiful afternoon,so I'm falling behind on this thread.