Legal Q&A for Rhornsby #2

[Horace Finklestein]

As for the order of the bags, I defer to all of you. I have not paid close enough attention.

But do this. Go grab a roll of duct tape, tear off three pieces, and place them on something.

Now ask yourself, if the FBI were to check those three pieces of duct tape six months from now, would the impressions from my fingertips still be present on the sticky side of the tape?

The answer is yes, and if you carried out my experiment, you would see your fingers touched the sticky part hundreds of time.

What about if it was underwater for a long period of time? Shouldn't we be accurate about the conditions?

 

[rhornsby]

Mr. Hornsby you previously stated:

Please don't get me started on appellate issues!!!!

"Unless this case results in a plea (which would require a waiver of appellate claims), I would bet my last dollar that an appellate court would reverse this case - if not on direct appeal, on collateral appeal for ineffective assistance of counsel (Google Rule 3.850 Motion)".

Clearly no one knows how the Black Robes will rule, but meerly being an average attorney is not enough.

394 So.2d 997 (1981) Thomas KNIGHT, Petitioner, v. STATE of Florida, Respondent.

We adopt the following four principles as a standard to determine whether an attorney has provided reasonably effective assistance of counsel to his client.

First, the specific omission or overt act upon which the claim of ineffective assistance of counsel is based must be detailed in the appropriate pleading.

Second, the defendant has the burden to show that this specific omission or overt act was a substantial and serious deficiency measurably below that of competent counsel. To be `below average' is not enough, for that is self evidently the case half the time. The standard of shortfall is necessarily subjective, but it cannot be established merely by showing that counsel's acts or omissions deviated from a checklist of standards."

Third, the defendant has the burden to show that this specific, serious deficiency, when considered under the circumstances of the individual case, was substantial enough to demonstrate a prejudice to the defendant to the extent that there is a likelihood that the deficient conduct affected the een this standardoutcome of the court proceedings.

Fourth, in the event a defendant does show a substantial deficiency and presents a prima facie showing of prejudice, the state still has an opportunity to rebut these assertions by showing beyond a reasonable doubt that there was no prejudice in fact.

Given this standard, what would you cite as a reversible error made by the defense to date.

I understand where you are coming from, but with Andrea Lyon on the case, the issue will not be ineffective legal assistance that is the major appellate issue - it would be conflict of interests for more reasons that I can list, but mostly related to everyone's motives to being involved in her case.

 

[rhornsby]

Did Baez ever respond to the email you sent back on the listserv?

Yes, he was not a happy camper.

 

[Blaise]

Would Jesse Grund have a civil cause of action against George and Cindy? And do you ever take civil cases?

Blaise

 

[rhornsby]

All outside statements of counsel can not be admitted as evidence.

Well I would not go that far - if an attorney says "my client said." I think a slick prosecutor could get that admitted somehow.

What I was referring to were generic statements like, my client is innocent, someone else is the perp, etc.

But if an attorney specifically quotes his client, that is fair game to try and admit. Although it would be a tough legal call for the statement to be admitted and I could see a judge prohibiting its use to protect the client who is prejudiced by the attorney's stupidity..

 

[LadyL]

If a certain family member is called as a defense witness, how many minutes into the cross do you think the state will be declaring that witness hostile? :rage:

Anyone in on that wager? I call five, after the swearing-in is outta the way.

:wink:

p.s. Do you have the 'hostile witness' declaration in the States or will the prosecutor handle her with kid gloves so that he appears more sympathetic to the jury?

 

[reeseeva]

Being in such close ties in Orlando, what have you heard about KC, meaning her demeanor, existence, thru the proverbial grapevine, rumors included, that you can share?

 

[MD MOMMY]

Yes, he was not a happy camper.

Maybe not happy, BUT he did take some of your advice. It's quite interesting to go back now and look when this new phrase took shape.." I am not commenting on pending litigation."

I didn't see him as the type to not respond back.

 

[rhornsby]

Being in such close ties in Orlando, what have you heard about KC, meaning her demeanor, existence, thru the proverbial grapevine, rumors included, that you can share?

Nadda

 

[rhornsby]

If a certain family member is called as a defense witness, how many minutes into the cross do you think the state will be declaring that witness hostile? :rage:

Anyone in on that wager? I call five, after the swearing-in is outta the way.

:wink:

p.s. Do you have the 'hostile witness' declaration in the States or will the prosecutor handle her with kid gloves so that he appears more sympathetic to the jury?

Section 90.612, Florida Statutes. Mode and order of interrogation and presentation.--
...
(3) Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. Ordinarily, leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.

 

[rhornsby]

Mr Hornsby,
I have been reading the new motions Baez filed tonight and something stands out to me.
After each, he and Andrea's name are in print along with "one of the attorney's for Casey Anthony"
Is that normal?
Just seems so uh..grade school to me..

No, I believe it is Baez's addition. Completely unnecessary IMO.

 

[reeseeva]

Maybe the third time is the charm: Do you think the judge will allow the Air Sample tests into evidence, (I know it has not been introduced in a case previously, but there is always a first) given so many witnesses, as well as George Anthony, stated the overwhelming smell, in the car, was the distinct odor of human decomposition.

 

[citygirl]

Well I am 100% convinced she knows how Caylee died.

I agree. And the kicker is, we will never know what happened to that sweet child. Did she suffer? Did she struggle? Did she wonder what Mommy was doing and why? Heart breaking to ponder.

 

[rhornsby]

Will Casey take the stand?

Who, among the defense team, will give the opening and closing? None seem to be especially gifted speakers, but then again none of the state's attorneys are, either.

Blaise

You need to ask them. (Remember I am not working for the defense :innocent: )

 

[trixi491]

RH-What do you think the liklihood is that a FL jury would buy an "ugly coping" defense to explain away her partying, tattoo, texts, etc?

I do think KC killed Caylee intentionally, but if it were an accident I would think the partying and all that would be due to the fact that she realized "hey, life's pretty good without a kid." Almost like a long overdue free-from-parenting celebration. I really just don't buy this "ugly coping" nonsense and would like to hope people with any common sense wouldn't either. I mean, come on!

 

[manatee]

considering all of the drawbacks to JB...why would KC still keep him? It should be obvious to KC how poorly he does in court and what lack of charisma he has. Is it possible that KC IS hoping for an appeal on grounds of ineffective counsel? If this was not such a serious case, I would be laughing every time JB opens his mouth. He reminds me so much of Joe Pesci (sp?) in "My cousing Vinny." except Vinny was actually "good" at arguing. And unlike Vinny, most jurors do have an image (blame it on movies and tv) of how defense attorneys should look and act...JB is not it!
(PS- JB if you are reading this...I'm not discriminating against hispanics, since I am one, but you are an embarassment)

 

[Bree0372]

One thing Casey said stands out to me.
"I don't know where Caylee is"

I believe she literally had no idea and if Caylee's death were accident ,Casey called someone for help and that person placed Caylee there.

She may have said "I don't know where Caylee is" but she was also pretty adamant about Caylee being close to home. Well, as it turned out, she was real close to home.

1. I think a summer 2010 trial date is realistic.
2. I think plea negotiations are probably ongoing and likely to pick up the closer to D day. With that said, the State's idea of a plea "deal" may not be Ms. Anthony's.

We have a date coming up very quickly (Feb 2010) that the defense has to provide the evidence that claims Caylee was placed in the woods when Casey was in the Orange County Jail. If the defense is unable to produce such evidence, what, if anything, will happen? At some point do you expect Judge S tell them to lay off the BS claims?

As well, if you (as a Defense Atty) have evidence that can prove your clients innocence (as Casey's Defense Atty has stated), would you continue to allow your client to sit in jail for nearly 2 years awaiting trial? Can they not turn in said evidence now and clear her name? [IF (and that's a big IF) they have said evidence.] That way they can jump on the media wagon and starting shouting that they are looking for the real killer and stop pointing fingers at any Tom, Dick and Harry.

 

[luvmygarden]

Hmm - to someone giving her help with the body. I can see it if it was an adult, but a small child? As a mother she would be very used to lifting her up and into chairs, her car seat - and had you thought about if she bagged her immediately? If Caylee's death happened in the house or the back yard, do you think her first thought was to hide the body? In a garbage bag - or rather two because everyone knows one garbage bag will break it whatever is in it is heavy - then the white bag to make carrying it easier - a heavy garbage bag is hard to manage - slips, etc. And in her trunk, if someone saw a white laundry bag, it would seem more plausible than a large garbage bag. Is just the handling of the baby the only reason why you think she had help? Caylee was small - only 30 or 40 lbs.

I totally agree. I am 5 ft tall and 110 LBS and I carried my sick 7 yr old into the hospital. It was a much longer walk than just across the road. If I had her in something like a bag It would have been easier. I don't think she had help. She had determination.

 

[Harmony 2]

Greetings Mr. Hornsby,

Question: Since there is no known cause of death would any of the following information come into the trial? Would the information be discarded since there is no known connection to her death? How would the information be utilized?

Casey searching the following on March 17, 2008.

13:53:25 to 13:58:38 Wikipedia searches for inhalation, chloroform, alcohol, acetone, peroxide, hydrogen peroxide, death

http://media.myfoxorlando.com/photo...ryset8/1/lg/Anthony_pgs_2751-2800_Page_49.htm

Chloroform residue found in six pieces from the trunk:

Page 14
http://www.orlandosentinel.com/news...y-anthony-documents-102408,0,5346622.htmlpage

Statement about by-products of making chloroform being found in tire wheel:

Your input is appreciated!!

 

[mitzi]

If a certain family member is called as a defense witness, how many minutes into the cross do you think the state will be declaring that witness hostile? :rage:

Anyone in on that wager? I call five, after the swearing-in is outta the way.

:wink:

p.s. Do you have the 'hostile witness' declaration in the States or will the prosecutor handle her with kid gloves so that he appears more sympathetic to the jury?

Bold mine.

He77...I think one particular witness (Cindy), will be hostile from the moment she rises from her chair on the way to the witness stand. :innocent: