JBaez requests Ex Parte Hearing with Judge Strickland

[Dear Prudence]

Here's a copy of the motion that was filed. Doesn't help me understand the request any better. Ideas anybody?

http://www.orlandosentinel.com/media...3/45901273.pdf

 

[NancyT]

That is "use immunity", not "blanket immunity"
Thanks

Yes, but if he'd get on the stand and confess, they couldn't prosecute him for it. That's the fear is one of the family may take blame to get Casey off.

 

[Paintr]

Keep in mind, this isn't the statute, but it was Lee that brought this issue to the forefront.

CNN reports there's a chance Casey's brother Lee might get immunity. Lee's attorney Thomas Luca is reportedly concerned his client could possibly face obstruction charges or aiding and abetting charges and is trying to seek a subpoena for Lee -- which, in the state of Florida, grants you instant immunity.

http://www.momlogic.com/2009/01/lee_anthony_immunity.php

IIRC this only grants you immunity for your own words testified to in court. In other words you can't be charged using your own words as evidence. BUT if the authorities have evidence outside of the testimony you give and if it is enough they can still charge you. You would have no immunity in that case.

 

[NancyT]

Here's a copy of the motion that was filed. Doesn't help me understand the request any better. Ideas anybody?

http://www.orlandosentinel.com/media...3/45901273.pdf

I'm getting, "page not found."

 

[Meemom]

Good for Amy! Now, Tony L needs to be represented also.
No one is safe from the Casey bus.

Since they are witnesses for the State, does the SA office have a SA rep attend the depos as well? thought I read that in a thread here somewhere....

 

[Paintr]

Yes, but if he'd get on the stand and confess, they couldn't prosecute him for it. That's the fear is one of the family may take blame to get Casey off.

They can prosecute him for it. They could not use his confession as evidence to do it. They would have to use other evidence.

 

[cecybeans]

uke:

Keep in mind, this isn't the statute, but it was Lee that brought this issue to the forefront.

CNN reports there's a chance Casey's brother Lee might get immunity. Lee's attorney Thomas Luca is reportedly concerned his client could possibly face obstruction charges or aiding and abetting charges and is trying to seek a subpoena for Lee -- which, in the state of Florida, grants you instant immunity.

http://www.momlogic.com/2009/01/lee_anthony_immunity.php

uke:

 

[NancyT]

They can prosecute him for it. They could not use his confession as evidence to do it. They would have to use other evidence.

Which is the point. There would be no other evidences of his guilt because he wouldn't be guilty. He would simply be trying to get his sister off.

 

[Paintr]

Which is the point. There would be no other evidences of his guilt because he wouldn't be guilty. He would simply be trying to get his sister off.

If there is no supporting evidence to his guilt than his confession would be disregarded. A lot of murder cases have people who confess for a variety of reasons. No evidence = no conviction. When this case began, the whole world was a suspect. The evidence narrowed that down to KC.

A confession by someone else is not enough to clear KC, unless they can provide supporting evidence.

 

[whiteangora]

Since they are witnesses for the State, does the SA office have a SA rep attend the depos as well? thought I read that in a thread here somewhere....

It should be that way. It doesn't seem right that these witnesses
have to pay for their own lawyers when they are helping the State.

 

[NancyT]

If there is no supporting evidence to his guilt than his confession would be disregarded. A lot of murder cases have people who confess for a variety of reasons. No evidence+ no conviction. When this case began, the whole world was a suspect. The evidence narrowed that down to KC>

Prosecutors would not be bringing forth evidences against Lee Anthony in a case to prosecute his sister. It would totally be up to the jury to weigh his testimony. As a juror, I would vote guilt for KC, but every analyst I've heard speak has clearly expressed concern about the giving of the immunity because it has the potential of backfiring.

IMO, they had to weigh that option carefully, and obviously, they thought what Lee has to offer outweighs that risk.

 

[whiteangora]

Which is the point. There would be no other evidences of his guilt because he wouldn't be guilty. He would simply be trying to get his sister off.

He would not be immune from perjury. That tactic would not fly.

 

[Paintr]

Prosecutors would not be bringing forth evidences against Lee Anthony in a case to prosecute his sister. It would totally be up to the jury to weigh his testimony. As a juror, I would vote guilt for KC, but every analyst I've heard speak has clearly expressed concern about the giving of the immunity because it has the potential of backfiring.

IMO, they had to weigh that option carefully, and obviously, they thought what Lee has to offer outweighs that risk.

OK. I got lost here somewhere. LOL! Are you saying that Lee could get on the stand, confess to killing Caylee and that would free KC but he would be protected from murder charges?

 

[Dear Prudence]

I'm getting, "page not found."

Sorry, try this one.

http://www.orlandosentinel.com/media/acrobat/2009-03/45901273.pdf

 

[NancyT]

OK. I got lost here somewhere. LOL! Are you saying that Lee could get on the stand, confess to killing Caylee and that would free KC but he would be protected from murder charges?

Well, he could only be prosecuted if they could prove he was guilty. They could not use a confession on the stand against him. Do I think a jury would buy it? Not really, but it only takes 1. Baez has something up his sleeve and we all know it's not any revelation that Casey is factually innocent. That's for sure.

The entire Anthony clan wanted a subpoena. They wanted that immunity. Lee's attorney was damn near begging for it.

 

[Tiki]

I sure hope he's not still trying to get all those records from TES. He was persistent about needing them - I guess to try to prove the crime scene area was cleared by them and/or that someone that searched had a "past" or disturbed evidence.

Seems the experts here don't think the motion will fly and I believe you're right.

 

[Paintr]

Well, he could only be prosecuted if they could prove he was guilty. They could not use a confession on the stand against him. Do I think a jury would buy it? Not really, but it only takes 1. Baez has something up his sleeve and we all know it's not any revelation that Casey is factually innocent. That's for sure.

The entire Anthony clan wanted a subpoena. They wanted that immunity. Lee's attorney was damn near begging for it.

Thank you kindly for the clarification. I thought the senior A's were looking for total immunity not just the immunity that court testimony would offer them. They even wanted immunity for a sit and talk with LE.

I had great difficulty understanding exactly what Lee's attorny was requesting.

 

[NancyT]

Sorry, try this one.

http://www.orlandosentinel.com/media/acrobat/2009-03/45901273.pdf

Well, he should submit it to Bill O'Reilly because he certainly kept it pithy, didn't he?

I've recorded Nancy Grace (I never watch with commercials) and I'm really curious to see what she has to say about this.

What I don't understand is, wouldn't a gag order have prevented all of this from becoming public till trial? If so, why should Baez get to pick and choose? I guess he thinks he can eat his cake and have it too. If he does plan on using it at trial (whatever IT is), there is reciprocal discovery, so it's not like it's going to be any big secret to prosecutors anyway.

 

[NancyT]

Thank you kindly for the clarification. I thought the senior A's were looking for total immunity not just the immunity that court testimony would offer them. They even wanted immunity for a sit and talk with LE.

I had great difficulty understanding exactly what Lee's attorny was requesting.

Oh, I have no doubt all of them would have preferred full immunity, but I think their attorneys are smart enough to know that it wasn't an option. Lee's attorney was happy when he received word that Lee would receive a subpoena.

 

[Paintr]

Oh, I have no doubt all of them would have preferred full immunity, but I think their attorneys are smart enough to know that it wasn't an option. Lee's attorney was happy when he received word that Lee would receive a subpoena.

Now, I am wondering....if Lee was the only one of the A's to receive a subpoena, why was he the 'lucky one'? Or are George's and Cindy's subpoenas 'in the mail' and will arrive at a later date.