Legal Questions for Our VERIFIED Lawyers #1

[AZlawyer]

I'm trying to make sense of the new defense motion that the state brought the death penalty to the table to financially break the defendant.

When Casey was first charged, she declared herself indigent, right? Then Baez became her lawyer and raised monies selling the rights to Caylee's pictures and video's to ABC. So she then had money, which he spent.

Now she has again been declared indigent.

I don't understand how this motion makes any sense. Can you please explain?

The motion is a Hail Mary Pass. It makes no sense.

 

[Bittiness39]

Is JB in trouble?

 

[Macushla]

1. John Doe: The parties will not "submit" depositions of witnesses, but the depositions may be used to cross-examine the witnesses. (I.e., "On December 12, 2008, at your deposition, you said BLAH BLAH BLAH. Now you say BLUE BLUE BLUE. Isn't it true that your memory of this incident was clearer on 12/12/08 than it is today?" etc.) No one is required to take a deposition of a witness before trial.

snipped......

thank you AZ, and I have one more question, just to get things straight in my own mind. You say the deposition of John Doe, if one was taken, may be used in cross examine, so at some point the State has to have access to this depo right? When do they get access to it, assuming a depo was done? Is this part of what the Defense has to turn over to them in Discovery?

 

[AZlawyer]

snipped......

thank you AZ, and I have one more question, just to get things straight in my own mind. You say the deposition of John Doe, if one was taken, may be used in cross examine, so at some point the State has to have access to this depo right? When do they get access to it, assuming a depo was done? Is this part of what the Defense has to turn over to them in Discovery?

Well, if it was an actual deposition, then the SA would have been invited and would certainly know about it. If it was a private interview but a recording was taken or a written statement prepared, I believe that would also fall into the category of items that the defense must disclose to the State.

 

[Macushla]

Well, if it was an actual deposition, then the SA would have been invited and would certainly know about it. If it was a private interview but a recording was taken or a written statement prepared, I believe that would also fall into the category of items that the defense must disclose to the State.

Thank you so much! If I ever get in trouble in AZ, I will make sure that you are on my list of people to call! :crazy:

 

[lauriej]

court clerk :

04/27/2010 Order
Setting Case Mangement Hearing with Attachment of Admin Order/Courtroom Decorum Policy

04/30/2010 Case Management Conference (9:30 AM) (Judicial Officer Perry, Belvin, JR)

...is a "conference" the same thing as a hearing ?

 

[AZlawyer]

court clerk :

04/27/2010 Order
Setting Case Mangement Hearing with Attachment of Admin Order/Courtroom Decorum Policy

04/30/2010 Case Management Conference (9:30 AM) (Judicial Officer Perry, Belvin, JR)

...is a "conference" the same thing as a hearing ?

Kind of. Some people use the word "hearing" to mean "evidentiary hearing," i.e., a hearing in which evidence will be presented (this means witnesses testifying and documents being marked as exhibits). Others use the word "hearing" to mean "courtroom proceeding." A case management conference is a courtroom proceeding but does not involve the presentation of evidence.

 

[texaslb218]

OT

Just another HUGE "thank you" to AZ lawyer. You are such a great resource for us. Timely, prompt, dependable. Hope I didn't make you sound boring, but I go for your posts first every day.

THANK YOU

 

[beach]

OT

Just another HUGE "thank you" to AZ lawyer. You are such a great resource for us. Timely, prompt, dependable. Hope I didn't make you sound boring, but I go for your posts first every day.

THANK YOU

Exactly! Every single one of us should be oh-so-grateful we aren't being billed! I cannot tell you how much money she could have made off of this thread alone!

:blowkiss: x 1,000 !

 

[thedeviledadvocate]

I have a legal question for our legal eagles. I have read repeatedly that the states case is all circumstantial evidence, and that people have been convicted with much less than the state has against KC. My question, if any of you legal geniuses would be so kind as to offer an answer is:

Could you list each item specifically, of this mountain of circumstantial evidence, that can and most likely will be brought into trial? No, wait, that list may be too long. Could you list what you personally think are the 5 strongest pieces of circumstantial evidence against KC? TIA

 

[ZsaZsa]

I have a question concerning the "forced to allocute all of the details & specifics of Caylee's murder" and the process of plea deals in general.

WHAT I THINK I KNOW....

One side approaches the other side to possibly negotiate a plea deal, correct? (e.g. "Can we talk off the record? What if my client agrees to manslaughter?")

If both sides can come to agreement, a Change of Plea Motion is then filed with the court?

A hearing is then scheduled whereas the prosecutor informs the judge that the SA and defense are in agreement that the defendant is willing to plead guilty to ABC and the prosecution is recommending a sentence of XYZ?

The judge then asks the defendant a litany of questions to whether or not they are entering into this change of plea willingly, without coercion, etc....?

Judge then either accepts or denies change of plea and agreement?

WHAT I DON"T KNOW....

So when does this Come To Jesus moment take place where defendant confesses details of all crimes???

I have read many, many complete case files on Pacer for a wide range of reasons and have read many that were resolved in a plea, but have yet to have ever read or seen referenced any statement from a defendant with details of the crime they are confessing to?

Where am I missing all this juicy stuff??????

My question is- if they get that confession, and what she did is even more appalling than we already think, can they scrap the deal and use that information against her?

 

[AZlawyer]

I have a legal question for our legal eagles. I have read repeatedly that the states case is all circumstantial evidence, and that people have been convicted with much less than the state has against KC. My question, if any of you legal geniuses would be so kind as to offer an answer is:

Could you list each item specifically, of this mountain of circumstantial evidence, that can and most likely will be brought into trial? No, wait, that list may be too long. Could you list what you personally think are the 5 strongest pieces of circumstantial evidence against KC? TIA

Caylee's complete disappearance as of June 16, coinciding with Casey's sudden decision to leave home and avoid her parents, taking with her nothing whatsoever to care for Caylee.

Casey's statements regarding the fake nanny and her many residences, the nonexistent people "helping her search," Caylee's July 15 phone call, etc.

The fact that Casey was demonstrably HAPPY between June 16 and July 15, and even said in an IM to her friend Iassen that it was the first time she had felt happy "in a long time."

Decomp gasses and "scrapings" in the trunk; decomp hair in the trunk; horrible smell of dead body in the trunk; Casey's knowledge that the smell was the smell of something dead, as indicated by her statements and texts to Amy.

Duct tape over the mouth and nasal passages of the skull, of the same brand as duct tape used by the A. family during that time period.

Use of a laundry bag and a blanket from the home to dispose of the body, and trash bags consistent with those found in the home.

Forensic evidence (botany, etc.) as to the length of time the body was in the swampy area.

I guess that's more than 5, sorry. Still, I'm sure I'm forgetting some things.

 

[AZlawyer]

I have a question concerning the "forced to allocute all of the details & specifics of Caylee's murder" and the process of plea deals in general.

WHAT I THINK I KNOW....

One side approaches the other side to possibly negotiate a plea deal, correct? (e.g. "Can we talk off the record? What if my client agrees to manslaughter?")

If both sides can come to agreement, a Change of Plea Motion is then filed with the court?

A hearing is then scheduled whereas the prosecutor informs the judge that the SA and defense are in agreement that the defendant is willing to plead guilty to ABC and the prosecution is recommending a sentence of XYZ?

The judge then asks the defendant a litany of questions to whether or not they are entering into this change of plea willingly, without coercion, etc....?

Judge then either accepts or denies change of plea and agreement?

WHAT I DON"T KNOW....

So when does this Come To Jesus moment take place where defendant confesses details of all crimes???

I have read many, many complete case files on Pacer for a wide range of reasons and have read many that were resolved in a plea, but have yet to have ever read or seen referenced any statement from a defendant with details of the crime they are confessing to?

Where am I missing all this juicy stuff??????

The criminal work I've done has been on appeal after conviction, so the details of plea agreements are somewhat lost on me. I was answering the question about whether a statement made in that context would be released to the public, not about whether the statement would have to be made at all. I've always heard of allocution as a "right" of the defendant, so I assumed it was optional. :waitasec: For example, when Casey was sentenced for the check fraud charges, she had the right to speak before the judge sentenced her, to show how very very sorry she was for being a "bad friend" (and to try to get a lighter sentence). But I don't think she had to speak if she didn't want to.

Maybe RH will stop by and explain further....

My question is- if they get that confession, and what she did is even more appalling than we already think, can they scrap the deal and use that information against her?

Nope.

 

[The World According]

Wasn't Baez required to let the judge know about the additional 70K, since the judge required him to divulge how much and from where he got the 200K at the conflict of interest hearing, much like TES was required to divulge they found additional documents? Isn't the requirement ongoing?

 

[AZlawyer]

Wasn't Baez required to let the judge know about the additional 70K, since the judge required him to divulge how much and from where he got the 200K at the conflict of interest hearing, much like TES was required to divulge they found additional documents?

I'm assuming, without checking back, that the $70K is the money from Malcuso, and that the meeting regarding JB's funding took place before the $70K was received.

Wasn't the concern at that time whether JB had brokered a deal to sell Casey's story (or something similar)? If so, it doesn't seem like Malcuso's money would be relevant to that issue. Unless the judge ordered JB to keep the court informed about the sources of all future payments (which I seriously doubt), he would have had no obligation to notify the court about the $70K.

 

[logicalgirl]

I'm assuming, without checking back, that the $70K is the money from Malcuso, and that the meeting regarding JB's funding took place before the $70K was received.

Wasn't the concern at that time whether JB had brokered a deal to sell Casey's story (or something similar)? If so, it doesn't seem like Malcuso's money would be relevant to that issue. Unless the judge ordered JB to keep the court informed about the sources of all future payments (which I seriously doubt), he would have had no obligation to notify the court about the $70K.

I was pretty sure it was in the final tally AZ as that seems to be the first time we heard about it wasn't it?

Also, can you explain a Brady violation? Some one asked on another thread and I made a complete hash of it. The defendant was Ana Marie Cardona.
Thanks.

 

[LambChop]

Is it improper for an attorney to donate money to a client when he is accused of misusing a client's funds in other states and for more than one offense? Should the State of Florida be looking into this? Something is not right with this $70,000 unless TM is saying that he donated $70,000 worth of time. But even that does not sound right.

Okay, I think this was answered.

 

[MidAtlanticNative]

I'll add this also, FWIW: once homeowners have defaulted (pursuant to the definition of "default" in the mortgage contract) the bank/lender will typically refuse to accept any payments that aren't sufficient to cure the default. And I'm sure "typically" morphs to "absolutely" once foreclosure has been initiated. For example, if bank/lender requires $11,500 in past due payments and fees from the Anthonys to cure their default or stop the foreclosure process, and the Anthonys have managed to put together $8,600 - they're still out of luck.

Maybe George and Cindy have already made other housing arrangements and are just waiting for the clock to wind down before they move. Or maybe there will be an 11th hour cash infusion to stop the foreclosure. Who knows? In the interim, all things considered, the few bucks they've thrown at Casey's jail account is pretty inconsequential. Bigger fish and all that...


Now, to keep this post on topic:

If the foreclosure goes through and the house is resold for less than the mortgage balance owed, will the bank seek a deficiency judgment for the deficit? Or will they issue Cindy Anthony a 1099 for the applicable amount? Or is the 1099 avenue only available if a short sale is negotiated in advance?

(bold mine)


I ask because I wonder if future earnings attributed to Cindy (as the mortgagor) might be attached or garnished in the event a civil judgment exists at some point down the road.


*When I originally posted this question, I thought I was in the 'Questions for a Lawyer' thread. Hope it's OK that I posted here, too. Thanks in advance!*

 

[AZlawyer]

Also, can you explain a Brady violation? Some one asked on another thread and I made a complete hash of it. The defendant was Ana Marie Cardona.
Thanks.

That's where the SA fails to disclose information that tends to prove a defendant's innocence.

Is it improper for an attorney to donate money to a client when he is accused of misusing a client's funds in other states and for more than one offense? Should the State of Florida be looking into this? Something is not right with this $70,000 unless TM is saying that he donated $70,000 worth of time. But even that does not sound right.

Okay, I think this was answered.

It was a money donation, not a time donation. I believe there might have been an ethical problem under Florida and/or Cal. rules for Malcuso to donate money to Casey's defense anyway, regardless of whether he actually diverted those funds from other clients. In light of the accusations against Malcuso at this point, I think JB et al. ought to try to figure out who exactly got Malcuso's $70K and whether they ought to return that $$ to the Cal. Bar to reimburse Malcuso's clients.

(bold mine)
If the foreclosure goes through and the house is resold for less than the mortgage balance owed, will the bank seek a deficiency judgment for the deficit? Or will they issue Cindy Anthony a 1099 for the applicable amount? Or is the 1099 avenue only available if a short sale is negotiated in advance?

I ask because I wonder if future earnings attributed to Cindy (as the mortgagor) might be attached or garnished in the event a civil judgment exists at some point down the road.


*When I originally posted this question, I thought I was in the 'Questions for a Lawyer' thread. Hope it's OK that I posted here, too. Thanks in advance!*

My understanding is that, in Florida, the lender may pursue a deficiency judgment.

 

[denjet]

I have a couple of motions questions ...

are the motions concerning the death penalty and jury instructions being filed for appellate reasons only ?? If that's the case can we assume that means they fully expect to go to trial and do not intend to accept (if any is offered) a plea deal?

And what happens to motions filed that have not yet been heard ... there were 11 motions concerning DP and jury instructions filed last November that have not been ruled on ... does the defense have to file something to withdraw those?

The defense has filed 4 new ones trying to accomplish the same thing using different reasons and it's confusing what happens to the old ones filed using other reasons ... :waitasec: