Legal Q&A for Rhornsby #2

[Blaise]

Regarding the motion to cease videotaping the visits -- will the state be arguing against this, or the jail? And is the jail attorney also the attorney for the OCSD?

Blaise

 

[tragco]

Hi RHornsby,

First, I believe our country has the fairest justice system, and I preface my question based on only viewing high-profile cases.

I just wondered if you or attorneys you know ever look at the trial process as a game (albeit a serious one). What I mean is, the one who is able to be "likeable" or who knows the judge and the motion is just hanging on a razor's edge... or the one with the most case knowledge that can keep certain evidence out. I don't mean to imply lack of intelligence in juries, but the lawyer who can best play the part and resonate, make the jury like them and listen more... It's our justice system. Is it like a game to some in your profession?

I don't think that's a bad thing necessarily, was just wondering because there are so many times this case seems like a high-stakes poker game to me instead of a cut-and-dry "present the evidence and decide."

 

[MD MOMMY]

It is the same in Florida, so the answer is that yes, Casey could be talking on the phones with her parents and we do not know - IF nobody makes a public records request of those phone calls.

Interesting, I have not asked any reporters whether they have requested copies of phone interviews...

NOTE TO RH- Ask reporters if they have requested copies of phone records.

 

[Kentjbkent]

It is the same in Florida, so the answer is that yes, Casey could be talking on the phones with her parents and we do not know - IF nobody makes a public records request of those phone calls.

Interesting, I have not asked any reporters whether they have requested copies of phone interviews...

Thank you for replying!

One last question concerning phone communications....

If KC wants to make phone calls, would these be charged against her commissary account that we have seen?

Reason I am asking is I am now wondering if THAT is why it appeared that complete strangers were funding this account prior to Caylee's remains being found, and such "strangers" were hoping their "donations" would spark phone calls (eventually released to media) between KC and CA/GA/LA that would reveal "more clues"? (always seemed strange to me that complete strangers would donate so KC could fill cell with snack foods) (KC obviously did NOT use these funds for phone services, as we know!)

It appeared that after Caylee's remains were found, the donations dried up completely until GA deposited $50 right after the cruise. Could this $50 have been to (hopefully) fund phone calls between himself and KC?

Second question....concerning mail to an inmate....can a (retained) attorney request the jail to "hold mail" until he is present to deliver to an inmate? Is it possible that Baez is controlling any incoming mail to KC?

Thanks again!

 

[rhornsby]

Hi RHornsby,

First, I believe our country has the fairest justice system, and I preface my question based on only viewing high-profile cases.

I just wondered if you or attorneys you know ever look at the trial process as a game (albeit a serious one). What I mean is, the one who is able to be "likeable" or who knows the judge and the motion is just hanging on a razor's edge... or the one with the most case knowledge that can keep certain evidence out. I don't mean to imply lack of intelligence in juries, but the lawyer who can best play the part and resonate, make the jury like them and listen more... It's our justice system. Is it like a game to some in your profession?

I don't think that's a bad thing necessarily, was just wondering because there are so many times this case seems like a high-stakes poker game to me instead of a cut-and-dry "present the evidence and decide."

Well, in any profession - the person with the most skill, knowledge, and preparation wins.

So would I characterize it as a game, no.

 

[Tulessa]

NOTE TO RH- Ask reporters if they have requested copies of phone records.

Yes, please do! :blowkiss:

 

[tracy87]

Mr Hornsby,

If the state were to drop the death penalty now, would Ms Lyons go away?

 

[BondJamesBond]

RH: Thanks again for investing some time here entertaining & educating.

I believe it was in thread 1 you discussed some of your thoughts on intentional vs. accidental and alone vs. assisted disposal. IMHO, the manner of death being the most important - absent some evidence we haven't seen yet - I've been attempting to think objectively 'bout how SA may take what we have seen to create the most compelling circumstantial case. I'd be interested in your thoughts/comments.

For example...

• Neighbor Jean testifies to verbal altercations that reflected Casey in a very disprectful light (e.g. Jean said that language would never be used w/ a parent from a child)
• Jesse testifies to Lee's account of a fight Sunday 6/15 (that we have suggested must originate from Cindy vs. Casey) in which Cindy had her hands at Casey's neck to choke her. Important that the source becomes Cindy vs. Casey here.
• Shirley testifies as to her statement that she was concerned Casey hated her mother more than she loved Caylee. Would rather this testimony come from someone other than Shirley - God love her.
• Lee testifies that 7/15 Casey indicated that her actions were provoked.."spiteful b*tch". Paraphrasing here, but, I 'spect you'll get the point

I believe I understand the reasonable doubt angle well-enough that I see the challenge for the legal decision. Interesting indeed.

Quoting myself...bad form and all. :blushing: Truly interested in a FL defense attorney familiar w/ the case's opinion...:waitasec:...and that'd be you

Thinking further about the approach above...seems it would lead to the defense needing to establish to the jury at some significant time in the past Casey lied to protect Cindy vs. herself. :waitasec: Sorta playin' Casey-the-martyr as her best it-was-an-accident explanation for everything. IOW...Casey's defense would be saying that she knew it would absolutely destroy Cindy if she told her Caylee died - regardless of HOW she died - and since Casey loved Cindy so much...Casey just decided to lie, steal...do whatever it took to protect Cindy from the devastating news.

Then Casey's less-than-forthcoming-manner-with-the-truth regarding her pregnancy, where she worked, etc. etc. etc. could be parsed out as needed to demonstrate for the jury that they were either (1) the selfless acts of Casey-the-protector OR alternatively (2) Casey-the-narcissist.

I'd prolly slip in one or two views of the jailhouse visit 'tween Casey, Cindy & George where Casey blew up 'cause Cindy wouldn't let her talk. Yeah...:waitasec:...once or twice maybe.

Then the SA would place the responsibility for defending Caylee squarely on the jurors. The family failed time & time again to hold Casey accountable. Perhaps it was small @ first. And it escalated over time. As each infraction was overlooked...Casey benefited. Casey learned that she could shirk the only enforcing mechanism in her life w/o consequence. That path lead straight to where we find ourselves today...only THIS time...the accountability for Caylee's precious life lies in your hands. Will YOU fail Caylee and reward Casey? This won't work...not here...not now. Perhaps Casey didn't intend for Caylee to die...and in that respect she wants us all to believe it was an accident. Casey actions were no accident. They were with complete disregard for the consequences to Caylee's well-being.

OK...I clearly have nothin' else to do. I'll clear off the thread and thank you again for sharing your insights. :thumb:

 

[LFlorida]

Well, I think part of the problem is she is shackled at her feet and legs and those two areas are connected together by another shackle. So moving around is more difficult than it would appear.

But a smile can't be shackled.

Does she ever get a glance at them and acknowledge their presence in any respect?

btw - I LUV you on WESH.

 

[BeanE]

NOTE TO RH- Ask reporters if they have requested copies of phone records.

We will give you opcorn:, :cake4u:, :rubberducky:, :balloons:, and a :beagle:

 

[Horace Finklestein]

Are prisoners allowed to make contact/communicate with people in the courtroom when at hearings and trials? I thought it was forbidden due to the possibility of messages being passed back and forth that could be tied to criminal stuff? (Lord knows the anthonys probably have several complete languages of codes, secret meanings, made up words, hints, clues,etc...)

 

[JBean]

Mr. Hornsby,
I understand why Casey is not participating in any video visitations with her family, but why do you think she does not acknowledge her parents during the hearings? I would have thought the defense would encourage this to garner a more sympathetic image of Casey! TIA!

Oh I am glad you asked this. At any of the criminal proceedings I have been to here in CA it is not acceptable for defendants and spectators to acknowledge or signal each other in court. Bailiff will remove you pronto.
But don't know procedure in FL and have been wondering about this.

Rules are the same here in Florida.

Are prisoners allowed to make contact/communicate with people in the courtroom when at hearings and trials? I thought it was forbidden due to the possibility of messages being passed back and forth that could be tied to criminal stuff? (Lord knows the anthonys probably have several complete languages of codes, secret meanings, made up words, hints, clues,etc...)

here you go HF

 

[Snaz]

here you go HF

I still believe she could give a little smile in her parent's direction as she enters the courtroom..... if she wanted to. No way that could be construed as passing any type of message.

 

[BeanE]

No, if you notice, I state I too have been reprimanded for touching clients - while I understand their security concerns, it is sometimes necessary in order to properly explain something or a situation.

BTW - Baez and KC weren't explaining anything, they were hugging:

Baez was warned repeatedly about hugging Casey during their visits.

A jail report states: "The inmate's attorney was observed hugging inmate and was advised that physical contact was prohibited."

A week later, another report stated: "Baez again observed hugging his client."

The room Baez and Anthony meet in is very small and typically there is a desk and two chairs.

Sources told Eyewitness News that on one occasion, Anthony was sitting and Baez was very close to her face. A corrections officer had to go into the room to separate them.

http://www.wftv.com/news/17854568/detail.html

BeanE

 

[mydailyopinions]

I still believe she could give a little smile in her parent's direction as she enters the courtroom..... if she wanted to. No way that could be construed as passing any type of message.

She is probably still mad at them from the service they had for Caylee..
[ame="http://www.youtube.com/watch?v=aRiokCymwIs"]http://www.youtube.com/watch?v=aRiokCymwIs[/ame]


Question for Mr. Hornsby,
Her statement before the funeral seemed to be all about her disapproval of the services her parents were having for Caylee..not to mention the fact that she never said she loved Caylee only that she misses her..
Can the prosecution, and will the prosecution be able to use this against her at trial? Will they put this statement towards the jury to show that before and after the body was found, she showed no love for her child?

 

[rhornsby]

But a smile can't be shackled.

Does she ever get a glance at them and acknowledge their presence in any respect?

btw - I LUV you on WESH.

I have seen her do so on many occasions, she just can't engage in conversation or physical contact with a spectator.

And thank you.

 

[rhornsby]

Mr Hornsby,

If the state were to drop the death penalty now, would Ms Lyons go away?

It would be up to her.

 

[Kimster]

We will give you opcorn:, :cake4u:, :rubberducky:, :balloons:, and a :beagle:

:floorlaugh:

How can he resist?

 

[RR0004]

I have seen her do so on many occasions, she just can't engage in conversation or physical contact with a spectator.

And thank you.

Can you sneak a photo of that (cause all I've seen is a slight smirk)?

 

[JBean]

RH:were you looking for this document earlier?

http://www.cfnews13.com/uploadedFiles/21%20Computer%20Forensics%20Report.pdf