Legal Questions for Our VERIFIED Lawyers #1

[doogiesgirl]

Forgive me for asking this if it has already been answered, but there are so many questions and so little time. :angel: If the SA decides to bring these letters into evidence to show conflicting statements of KC, prior knowledge of evidence that had not been released, admission of abuse, etc., how will JB be able to object or counter any of it without putting KC on the stand? It seems to me that these letters, being in the perp's handwriting, are direct testimony of hers. So, won't JB essentially have to admit everything is true or have KC take the stand and explain why it isn't? TIA!

Taking off this post in a different direction.

AZL:
Have you ever had a case or heard of a case where it was proven possible to date a person's handwriting? I am asking b/c if the SA brings in the jail letters and it is possible to date handwriting, they could also bring in the diary entry, right? Which is very damning IMO. Oh please tell me we now have this technology AZL. raying:

I don't know about you guys but the page opposite the writing in the diary, where she is kind flourishing her letters looks awfully close to the "cookie" flourishing writing that is in the jail letters. It's just an observation as we all know she wrote both, I just found it interesting and wanted to share.

Take a gander for yourselves:
[ame]http://www.youtube.com/watch?v=PxIJbmFwbfU[/ame]
Quick video on utube of the diary pages (you all know where to find the jail letters) It's called "When did Casey Anthony write her diary?" on you tube in case this gets shut down. I couldn't find a clear pic real quick but I know there is one.

moo

 

[TallyHo]

I have a question as to what a psychologist will be able to testify to in court. I am assuming Casey has been given a psych evaluation, and I would assume that the psychologist would be able to testify as to the results of that evaluation in court. But would he/she be able to comment on observations on Casey's letters and jailhouse interviews? Or will they just be able to play/show those in court and the jury will have to come up with their own observations?

Thanks in advance!!

 

[AZlawyer]

Forgive me for asking this if it has already been answered, but there are so many questions and so little time. :angel: If the SA decides to bring these letters into evidence to show conflicting statements of KC, prior knowledge of evidence that had not been released, admission of abuse, etc., how will JB be able to object or counter any of it without putting KC on the stand? It seems to me that these letters, being in the perp's handwriting, are direct testimony of hers. So, won't JB essentially have to admit everything is true or have KC take the stand and explain why it isn't? TIA!

I don't think JB is going to want to object to much in the letters. Maybe the new Zanny story--but maybe that's the one they're going with at trial! I'm sure JB is thrilled about the abuse allegations; they might save his client from the death penalty. Nothing about prior knowledge of the evidence is in the letters.

 

[AZlawyer]

Taking off this post in a different direction.

AZL:
Have you ever had a case or heard of a case where it was proven possible to date a person's handwriting? I am asking b/c if the SA brings in the jail letters and it is possible to date handwriting, they could also bring in the diary entry, right? Which is very damning IMO. Oh please tell me we now have this technology AZL. raying:

I don't know about you guys but the page opposite the writing in the diary, where she is kind flourishing her letters looks awfully close to the "cookie" flourishing writing that is in the jail letters. It's just an observation as we all know she wrote both, I just found it interesting and wanted to share.

Take a gander for yourselves:
http://www.youtube.com/watch?v=PxIJbmFwbfU
Quick video on utube of the diary pages (you all know where to find the jail letters) It's called "When did Casey Anthony write her diary?" on you tube in case this gets shut down. I couldn't find a clear pic real quick but I know there is one.

moo

I have had forensic people tell me they can date ink within a few years, but have never actually asked one to do it. My guess is that the reason it wasn't done was that there are entries further on in the diary that are obviously from the 2003 or 2004 time period.

 

[AZlawyer]

I have a question as to what a psychologist will be able to testify to in court. I am assuming Casey has been given a psych evaluation, and I would assume that the psychologist would be able to testify as to the results of that evaluation in court. But would he/she be able to comment on observations on Casey's letters and jailhouse interviews? Or will they just be able to play/show those in court and the jury will have to come up with their own observations?

Thanks in advance!!

The psychological issues won't come up until the sentencing phase, if she's found guilty. If a psychologist testifying for either party has something to say about the letters or jailhouse interviews, they would be able to say it then.

 

[ZsaZsa]

I don't think JB is going to want to object to much in the letters. Maybe the new Zanny story--but maybe that's the one they're going with at trial! I'm sure JB is thrilled about the abuse allegations; they might save his client from the death penalty. Nothing about prior knowledge of the evidence is in the letters.

How lucky for Baez that she documented all the abuse just at the time when he needed a sob story to offset all the evidence against her... gee, if I were the suspicious type I might think there was some collusion going on there.

 

[butwhatif?]

I know that convicted felons can't profit from their crimes by writing books about it, but could they write and publish other kinds of books that aren't case-related?

Like how KC has all these grand plans of writing cook-books, love and friendship books etc?

If any publisher was desperate enough to want to publish them, could she legally do it? Would just her name as the author be enough to stop her from being able to publish?

And second question-

Kc talks of journal writing while in jail. Is it likely that these journals could/would be brought into evidence if they are still in her cell, and haven't been smuggled out?

TIA

 

[AZlawyer]

I know that convicted felons can't profit from their crimes by writing books about it, but could they write and publish other kinds of books that aren't case-related?

Like how KC has all these grand plans of writing cook-books, love and friendship books etc?

If any publisher was desperate enough to want to publish them, could she legally do it? Would just her name as the author be enough to stop her from being able to publish?

And second question-

Kc talks of journal writing while in jail. Is it likely that these journals could/would be brought into evidence if they are still in her cell, and haven't been smuggled out?

TIA

Yes, I suppose she could publish something non-case related, and probably even keep the profits (for extra commissary orders).

Her journals, if they are still around, could come in as evidence if they contain something relevant.

 

[The World According]

Aren't the jail cells checked daily for any contraband? What is the likely punishment for Jose if he has indeed been bringing letters back and forth from the parents?

My understanding is that unless the client was indigent at the time, it is against the Florida rules for a one of the client's lawyers to contribute money to her case. If that is correct, what is the worst case that could happen? Will it be Todd for doing it, and Jose for allowing it...will it be the pair of them to be disciplined?
Thank you so much for helping us here!!!!

 

[Reagan]

The psychological issues won't come up until the sentencing phase, if she's found guilty. If a psychologist testifying for either party has something to say about the letters or jailhouse interviews, they would be able to say it then.

Oh man I don't wanna wait! So we will get to hear the psych vals that Judge S ordered during her bond hearing?
We know they say she's competent for trial, but I would love to hear what, if anything, she was diagnosed with by psychiatrists that deal with murderers, rapists, etc.. on a daily basis.

I know there's something amiss with her. I hope we find out any disorders she may have.

 

[AZlawyer]

Aren't the jail cells checked daily for any contraband? What is the likely punishment for Jose if he has indeed been bringing letters back and forth from the parents?

My understanding is that unless the client was indigent at the time, it is against the Florida rules for a one of the client's lawyers to contribute money to her case. If that is correct, what is the worst case that could happen? Will it be Todd for doing it, and Jose for allowing it...will it be the pair of them to be disciplined?
Thank you so much for helping us here!!!!

I can't really speculate about how the Florida Bar or California Bar will discipline these guys (if at all). They have a lot of discretion, and a lot depends on the lawyer's prior history, remorse, cooperativeness with investigators, etc.. Could be a warning, could be a suspension...who knows?

 

[denjet]

I have a question about Jose's constant whining about not disclosing his defense strategy ... with the Sunshine laws, the defense is held to the same rules of discovery as the prosecution, but the State hasn't been complaining about revealing their strategy ...

The defense has been dragging it's feet when it comes to providing the state with their documents/evidence ...

My question is, can Jose file motions with the court to have his documents, etc kept from disclosure to the prosecution using the same reasoning of not wanting to tip their hand or reveal the defense's strategy ?
I just can't understand why he's hasn't been, at the very least, forced to back up statements the defense has made.

 

[eaglemom]

Have any of you law folks heard of a judge being removed for this reason?

According to the motion, the blogger, known as by an online handle of "Marinade Dave," has "historically presented numerous stories of severe bias and prejudice against the defendant," defense attorney Jose Baez wrote in his motion. Casey Anthony fears she will not receive a fair trial.

The blogger's name is Dave Knechel, who was questioned earlier this month by a private investigator working for the defense. He told the investigator that Strickland told him at the bench "what a great blog I have," according to the motion.

At some point, Strickland learned that the blogger was ill and called to express his "personal concern" for the man's well-being, according to the motion.

http://www.orlandosentinel.com/news...hony-judge-disqualify-20100416,0,174631.story

Thanks!

 

[AZlawyer]

I have a question about Jose's constant whining about not disclosing his defense strategy ... with the Sunshine laws, the defense is held to the same rules of discovery as the prosecution, but the State hasn't been complaining about revealing their strategy ...

The defense has been dragging it's feet when it comes to providing the state with their documents/evidence ...

My question is, can Jose file motions with the court to have his documents, etc kept from disclosure to the prosecution using the same reasoning of not wanting to tip their hand or reveal the defense's strategy ?
I just can't understand why he's hasn't been, at the very least, forced to back up statements the defense has made.

The defense is not held to the same rules of disclosure as the prosecution--they have a lesser obligation--and the defense has no obligation at all under the Sunshine laws, because they are not a governmental agency.

The defense does have to disclose documents they want to use as exhibits at trial, among other things--so if they don't disclose those things, they won't get to use them at trial. That result is probably fine with the prosecution, so why push the defense to disclose something?

Not wanting to tip your hand re: strategy is generally no excuse for nondisclosure. The whole point of disclosure is to tip your hand lol.

 

[AZlawyer]

Have any of you law folks heard of a judge being removed for this reason?

According to the motion, the blogger, known as by an online handle of "Marinade Dave," has "historically presented numerous stories of severe bias and prejudice against the defendant," defense attorney Jose Baez wrote in his motion. Casey Anthony fears she will not receive a fair trial.

The blogger's name is Dave Knechel, who was questioned earlier this month by a private investigator working for the defense. He told the investigator that Strickland told him at the bench "what a great blog I have," according to the motion.

At some point, Strickland learned that the blogger was ill and called to express his "personal concern" for the man's well-being, according to the motion.

http://www.orlandosentinel.com/news...hony-judge-disqualify-20100416,0,174631.story

Thanks!

I've made a couple of comments on the thread regarding this issue. Short answer: I think the motion is likely to be granted, due to an appearance of impropriety and/or court politics (and the desire to avoid handing the defense an appeal issue on a silver platter).

 

[MD MOMMY]

Okay, so say Judge S is removed from the case, what's next for the new judge? What about all the motions Judge S ruled on? Are they all reviewed again by the new judge? Does everything start over is what I'm asking I guess. Thanks!

 

[nancy botwin]

Okay, so say Judge S is removed from the case, what's next for the new judge? What about all the motions Judge S ruled on? Are they all reviewed again by the new judge? Does everything start over is what I'm asking I guess. Thanks!

Upon a motion for reconsideration, the new judge can reconsider and issue new rulings on issues already settled by Judge Strickland. The parties have to file Motions for Reconsideration within 20 days of Judge Strickland removing himself. (I don't think Strickland will remove himself, but that's how it would go down if he did).

 

[Cher352]

Upon a motion for reconsideration, the new judge can reconsider and issue new rulings on issues already settled by Judge Strickland. The parties have to file Motions for Reconsideration within 20 days of Judge Strickland removing himself.

So if JS is replaced and and previous rulings can be reconsidered I presume that the trial will be further delayed.

Have any of our lawyers had a case where the judge was replaced at this point in the case and if so what does it do to the timeline?

 

[darnudes]

Hi AZ

In other high profile cases that were discussed on the internet, have any motions like the one today been filed? Baez has made such a fuss about the internet/bloggers and so forth since he had this case, I'm wondering if this has occurred in the past?

 

[nancy botwin]

Oh man I don't wanna wait! So we will get to hear the psych vals that Judge S ordered during her bond hearing?
We know they say she's competent for trial, but I would love to hear what, if anything, she was diagnosed with by psychiatrists that deal with murderers, rapists, etc.. on a daily basis.

I know there's something amiss with her. I hope we find out any disorders she may have.

I don't have direct knowledge or experience w/ FL law, but I would say that no, we are not going to see the results of the pretrial psych evaluations. Using a defendant's compulsory participation in a competency evaluation would violate the 5th amendment protection against self-incrimination.
If, however, Casey intends to use a mental health defense or introduce mental health related mitigation evidence at sentencing, the state can have her evaluated by its own expert and we'll get to hear those findings during sentencing.