Dominic Casey: Motion to Strike Notice of Deposition & Motion for Protective Order#2

[notthatsmart]

Just a quick tidbit you may not realize about the deposition vs. interview issue. If you are subpoenaed to appear before the SAO for an Investigative Interview (during an active criminal case), this is no small potatoes!! It carries weight very similar to a deposition. If DC was questioned (as I believe he has been), then he was answering questions under sworn oath. I can almost guarantee you this was no casual chat. JMO....

Thanks for your opinion and stating that is is just your opinion. I have no proof that he was called in for an investigative interview. That would just be assuming that it happened. I do not want to put the cart before the horse. thanks

 

[marspiter]

I think the problem is that sleuthers are putting the words interview/depo together as though they are the same. I think they have two complete different meanings. So, no, and there is no argument, it is just an attempt to find the truth. So if you could point out which one you are talking about , interview or deposition, then I could have a conversation about that. Hope this helps. MOO

The defense is there for a depo that's the procedure. The defense does not need to be there for an interview.

The difference between the two essentially is one is for an individual on the defenses witness list the other is for an individual for a person not on the defenses witness list.

By stating over and over that your opinion is the defense should be present for an deposition confuses the issue because as has been stated numerous times DC is not on the witness list for the defense.

Then you go on to say that you feel there is a reason DC is not on the witness list. So therefore how can the defense ask to be present for a depo if he's not on the list? :waitasec:

 

[LambChop]

Thanks for your opinion and stating that is is just your opinion. I have no proof that he was called in for an investigative interview. That would just be assuming that it happened. I do not want to put the cart before the horse. thanks

If that were the case wouldn't SA have to file a motion with the court that the interview was cancelled and would need to be rescheduled?

 

[notthatsmart]

I agree that JB is leaving DC off his witness list for a very good reason. The reason IMO is that JB knows that DC has nothing to say that can possibly help KC's defense.



I can't believe we've been talking in circles for so long. :banghead: No one on this forum or anywhere else I have seen, least of all the SA, has ever suggested that the defense would not be present if an actual deposition of DC took place.

Well, I will look for it and I am sure it is in TWA's youtube stuff, but I do believe that LDB made a reference to deposing without the defense present and that is when Jb said well then we will just put him on our list. Then the Judge said just do an investigative subpoena. But I do believe LDB did make reference to it. I may be wrong, but there is something in reference to it by the state. IMO

 

[marspiter]

Given that an investigative subpoena would not be eligible for public info requests the only way we would know about the "interview" would be if DC's lawyer filed a motion against the subpoena. moo

Some things to consider are the fact the DC's attorney is no longer representing him. That and DC has more or less disappeared.

 

[Harmony 2]

I agree that JB is leaving DC off his witness list for a very good reason. The reason IMO is that JB knows that DC has nothing to say that can possibly help KC's defense.



I can't believe we've been talking in circles for so long. :banghead: No one on this forum or anywhere else I have seen, least of all the SA, has ever suggested that the defense would not be present if an actual deposition of DC took place.

BBM AZlawyer even though we often go round and round I love the way you do what you do... You always maintain your cool and present crucial legal information in a calm and thorough manner. Thanks for the information you have provided about depositions and how they apply to DC and for all you bring to the forum in general.

[ame]http://www.youtube.com/watch?v=UFHCfwF87_o[/ame]

 

[Intermezzo]

I am using state subpoenaed deposition as a way of mocking Mr. Baez since he does not understand , that is the term, among others he fumbled for in the hearing. I have posted the hearing for you many, many times. Everyone knows here what and who he is and the limits of his legal prowess. Sorry. I always assume everyone knows when I use Baez's own words against him. I am referring to the state subpoena that Judge Strickland instructed Mrs. Drane Burdick to issue for Dominic to come to her office to be questioned.
In any case, he was ordered to appear and testify. In the law, testimony is a form of evidence that is obtained from a witness who makes a solemn statement or declaration of fact. Testimony may be oral or written, and it is usually made by oath or affirmation under penalty of perjury. He was not invited to lunch!!!!

BBM
TWA
I, personally, would like to give you a great BIG THANK YOU, MERCI and GRAZIE for finding and posting many, many, many times over, videos of the hearings and more
:blowkiss:

 

[RR0004]

UR welcome.
I tend to look at it like this: Interview = informal. Deposition = formal.
For instance, if during an interview, the subject interviewed decided to get up and leave...stop answering questions they could do so.
Often times in a deposition (since attorneys for both sides are present) the Judge presiding over the case is available either in person/by phone in the even the subject being deposed attempts not to cooperate...the Judge's role is to keep either party's attorneys from becoming antagonistic or from having the entire deposition break down. The Judge can compell the parties to cooperate and the subject to answer questions that don't fall under certain privileges.

As far as strategy, I think the prosecution was perhaps seeing what DC would tell them in an interview. They don't have to produce a transcript for the defense (as it is an interview), DC is not held to the same standards as he would be in a deposition...the defense has not listed him as a witness for their own reasons/strategy. It is possible that the proseuction, should they so choose to bring DC in as a rebuttal witness...assuming the defense opens a door during CX or direct testimony from another witness...to refute something the defense has presented at trial.

...and IMO there are no smoke and mirrors involved in interviewing DC with an investigative subpoena. If JB wanted to be there he would have been there. If nothing was garnered from the interview that is directly connected with the case, I agree...the SA will not seek to depose him.

 

[The World According]

You can't decline an investigative interview if you are subpoenaed to appear. Also, normally the information would be exempt from the Sunshine Laws, but not if there is a criminal case going on (which there is) and the information is covered by the discovery rules. So is it covered by the discovery rules? If it hasn't been transcribed, there's nothing to discover. So if the interview was done but not transcribed, nothing will be turned over to the defense or the public in connection with the interview. What if it has been transcribed? In that case, the transcript would fall under the discovery rules and would be produced, IF: (1) DC gets listed as a witness, OR (2) DC said something helpful to the defense.

Thank you so much for always helping us! Can we use Annie Downing's State subpoenaed interview to be our guide? It was indeed on the record and under oath. They began the interview with Annie being told she was there under a state investigative subpoena, her testimony was compelled, and she had to answer the questions. I didn't find it to be informal at all. She got so nervous, she cried several times in the interview.

So, I trust Dominic had to give sworn testimony, he too was compelled to answer, and it was memorialized. Do you think if that is how Annie's worked, it is a fair guess as to his too? Mrs. Drane-Burdick, so far as I have been studying this case, does not misspeak. Since she used the words "Your testimony here is being compelled" (forced), I take that to mean Dominic would not have the right to get up and go or refuse to answer. His lawyer may object, but him just refuse...I don't see that. What do you think? I have never been in a criminal investigation, so I could be wrong. Again, we really appreciate you!!!!

[ame]http://www.youtube.com/watch?v=1OCDkXmQEAA[/ame]

 

[Intermezzo]

BBM AZlawyer even though we often go round and round I love the way you do what you do... You always maintain your cool and present crucial legal information in a calm and thorough manner. Thanks for the information you have provided about depositions and how they apply to DC and for all you bring to the forum in general.
http://www.youtube.com/watch?v=UFHCfwF87_o

BBM
I Concur!!!
And add a :woohoo:

 

[RR0004]

The defense is there for a depo that's the procedure. The defense does not need to be there for an interview.

The difference between the two essentially is one is for an individual on the defenses witness list the other is for an individual for a person not on the defenses witness list.

By stating over and over that your opinion is the defense should be present for an deposition confuses the issue because as has been stated numerous times DC is not on the witness list for the defense.

Then you go on to say that you feel there is a reason DC is not on the witness list. So therefore how can the defense ask to be present for a depo if he's not on the list? :waitasec:

...ya got me!?! I'm still stuck on the smoke and mirrors.

 

[logicalgirl]

Given that an investigative subpoena would not be eligible for public info requests the only way we would know about the "interview" would be if DC's lawyer filed a motion against the subpoena. moo

Some things to consider are the fact the DC's attorney is no longer representing him. That and DC has more or less disappeared.

Marspiter. DC's website is suddenly "live" again - sorry I posted the link towards the end in the last Dom thread before it was closed.

 

[ThinkTank]

Marspiter. DC's website is suddenly "live" again - sorry I posted the link towards the end in the last Dom thread before it was closed.

It is my opinion that someone else is managing that "Observer" newsletter on his website, and not Dom himself .....

 

[logicalgirl]

It is my opinion that someone else is managing that "Observer" newsletter on his website, and not Dom himself .....

LOL are you saying it looks more professional???

I was surprised to see the Caylee info page is still there.

 

[The World According]

I just listened to is again, and Mrs. Drane Burdick does tell her she may NOT refuse to answer the question. That means Dominic did not get to dodge any either, imo. I know they were not playing patty cake with him, having been fed up with his year of stalling. In the words of FL defense expert Richard Horsby...One does not fight a subpoena that hard, unless they have something to hide!!!

I'll say!
[ame]http://www.youtube.com/watch?v=1OCDkXmQEAA[/ame]

 

[RR0004]

So...could DC be helping LE with another investigation...one that may be ongoing?

 

[RR0004]

I am happy to write it for you friend. Kidding. I am kidding. I will knock it off, my jokes, straight away.

I think we could sleuth and find his correct address...JB could learn a lesson from us.

ETA: this was in reference to the fact that JB doesn't seem to know the correct address for anyone! Just a little tongue-in-cheek humor.

 

[Aedrys]

So...could DC be helping LE with another investigation...one that may be ongoing?

I certainly hope so. I'm surprised the A's aren't more worried about him. I'd love to see the look on Cindy's face if her lover boy PI is one of the ones that brings her and George down. Shoot, he brings down the whole dang family, he will gain mega points with me.

Do what's right, DC. Don't go down with this family!

 

[Aedrys]

I think we could sleuth and find his correct address...JB could learn a lesson from us.

Yeah, considering just a few days ago JB's facebook page was open to the public (and surprise, surprise, it went friends only just hours after it was found. I so LOVE Websleuths!), I'm thinking it wouldn't be hard to find his address. I mean seriously, getting on Facebook in the middle of the worst and most infamous case you've ever had when you're lead attorney? WTF!?!!?

There was a thread in the parking lot about it, but it was closed when JB made his Facebook page private. I hope I don't get into trouble for mentioning it.

DC is so SMART for keeping quiet. Baez could learn a lesson from him.

Btw, I am just pointing out how dumb Baez is, not saying we should find his address and write him letters. I personally wouldn't waste the ink.

 

[fl_possum]

Yeah, considering just a few days ago JB's facebook page was open to the public (and surprise, surprise, it went friends only just hours after it was found. I so LOVE Websleuths!), I'm thinking it wouldn't be hard to find his address.

Property appraiser site has addresses lists everything. Orange County even has photos, or atleast for ones that have had reassesments in the past few years.

Only people usually exempt from the listings are law enforcement.