Legal Questions for Our VERIFIED Lawyers #2

[Aedrys]

I'd like to know what this means too? Cancelled or suspended? I started a thread for it. Please tell me this can't really happen?

 

[ZsaZsa]

This is the headline from the news thread:

Clerk of Courts: Casey Anthony trial could be "canceled or suspended"
Orange County Clerk of Courts Lydia Gardner says threatened cuts to her budget could put Casey Anthony trial in jeopardy.

What in the heck does this mean legally speaking? How can they cancel or suspend a trial for a murder charge? Does cancel mean she's free to go? Does suspend mean that it could weigh on her right to a fair and speedy trial?

Canceled as in just forget the whole thing? Say it isn't so...

 

[Joanner]

In your opinion, what type of juror will each side be looking for? I would think the prosecutors will be looking for mothers who might have children around the same age as Caylee. Perhaps the defense will be looking for young single guys.

 

[AZlawyer]

The trial is now only a 7+ weeks away. Can you foresee anything (barring Casey firing her defense team or other major catastrophic circumstances such as major health issues for one of the attorneys) that would make Judge Perry delay this trial? I mean, does the defense still have time to pull something off and get this trial delayed, or in your professional opinion do you really think that the trial and jury selection will begin May 9th?

This is the headline from the news thread:

Clerk of Courts: Casey Anthony trial could be "canceled or suspended"
Orange County Clerk of Courts Lydia Gardner says threatened cuts to her budget could put Casey Anthony trial in jeopardy.

What in the heck does this mean legally speaking? How can they cancel or suspend a trial for a murder charge? Does cancel mean she's free to go? Does suspend mean that it could weigh on her right to a fair and speedy trial?

We have come this far in having a trial date and the preparations are in the process of being made.

Do you feel the trial could really be delayed because of budget, AZ? I will be so very upset if it is.

I'd like to know what this means too? Cancelled or suspended? I started a thread for it. Please tell me this can't really happen?

Canceled as in just forget the whole thing? Say it isn't so...

I really think the trial will start as scheduled. HHJP seems committed to it. I think the court administrator was just trying to scare the legislature into approving more money for her.

Comes now a state expert saying the spot where Caylee was found was only flooded for 10 days in Aug.

But we have TM and group saying it was deep enough to sink a ATV.

Which weighs heavier. 1 persons guess or a bunch of people that saw it ????

We saw that report a really, really long time ago. I'm assuming the State didn't actually list him as an expert witness, though, right?? :waitasec:

IMO if there is some expert who testifies, based on his calculations, that the spot was (or should have been) dry practically the whole time, the jury will toss out that opinion in favor of a dozen or so TES searchers saying, "yeah, the place was calf-deep in water so we couldn't search it."

So this morning's news announces the untimely death of a OCSD deputy who is listed on the State's witness list. The article states he was already deposed by the defense...(he apparently was one of the first to interview Casey and also interviewed Brian B the "shovel guy")..

How will this play out at trial time?

I don't know if the guy had anything important to say. If so, hopefully it is in his deposition so it can be read to the jury.

In your opinion, what type of juror will each side be looking for? I would think the prosecutors will be looking for mothers who might have children around the same age as Caylee. Perhaps the defense will be looking for young single guys.

It is really pretty pointless to think about what kind of jurors you want, because you don't get to pick a jury--you only get to "unpick" the jurors you DON'T want. I would think the SA might "unpick" (strike) young single guys with no family responsibilities and perhaps people who would identify closely with George & Cindy (parents of irresponsible young adult children?). I would think the defense might "unpick" responsible mothers and grandmothers.

 

[Capri]

Is it likely that the SA will subpoena records/call as a witness whoever runs the crime lab and see how they keep their records/invoices? This issue came up in Dr. Spritz' testimony in the Spector trial, and became quite a heated issue. ($final tally for his work for the defense was over $140,000, yet he originally said only $40K). Would the SA office likely anticipate this being an issue here? (Or if JB is paying Spitz significantly less it many be a non-issue?)

 

[AZlawyer]

Is it likely that the SA will subpoena records/call as a witness whoever runs the crime lab and see how they keep their records/invoices? This issue came up in Dr. Spritz' testimony in the Spector trial, and became quite a heated issue. ($final tally for his work for the defense was over $140,000, yet he originally said only $40K). Would the SA office likely anticipate this being an issue here? (Or if JB is paying Spitz significantly less it many be a non-issue?)

I'm not sure what your question is...if you're asking whether the SA will find out how much Spitz is being paid, the answer is yes. They probably already have that information. They will use it at trial, unless the answer is $0 or less than the state expert was paid, to show bias.

 

[Dr.Fessel]

Can you tell me if this is legal? Is defense money being used for this?

http://www.kathibelich.com

I emailed Jose Baez and asked him for a link to Kathi and he has not answered.

 

[Mumsy]

What a weird duck he is!! She really gets under his skin.
My question is,
Do you think that the Baez law firm will be hurt or helped by his shenanigans in the Casey Anthony case? Will he prosper as a lawyer or dry up and blow away?

 

[beach]

This is a Q & A thread. If you are missing a post it wasn't asking a question awaiting an attorney's response.

Please don't post rumors on any thread that we KNOW Baez bought the kathibelich.com domain name, because we don't KNOW that. I realize it is the obvious assumption, but we have no proof that HE personally paid for it.

Please carry on posting questions directed to an attorney and refrain from discussion.

 

[AZlawyer]

Can you tell me if this is legal? Is defense money being used for this?

http://www.kathibelich.com

I emailed Jose Baez and asked him for a link to Kathi and he has not answered.

AFAIK there is no law against the mere act of buying a domain name that contains someone else's name. If that's what he did. Which 'Beach has pointed out is not an established fact.

What a weird duck he is!! She really gets under his skin.
My question is,
Do you think that the Baez law firm will be hurt or helped by his shenanigans in the Casey Anthony case? Will he prosper as a lawyer or dry up and blow away?

IMO reputable lawyers are losing respect for him. But there are an awful lot of people who will just see snippets of him on TV in his nice suits and will think he's a great lawyer just because he defended a big death penalty case.:banghead:

 

[ZsaZsa]

What is Baez up to now? Trying to find out if LE are investigating him?

http://www.orlandosentinel.com/news...rial-depositions-20110318,0,335491,full.story

 

[AZlawyer]

What is Baez up to now? Trying to find out if LE are investigating him?

http://www.orlandosentinel.com/news...rial-depositions-20110318,0,335491,full.story

Yes. But also trying to find out if there's any way he can say Laura B was telling the truth before but is now lying because she was pressured by LE. She's a damaged witness either way and he needs to give up any thought of putting her on the stand.

 

[Oakley]

What is Baez up to now? Trying to find out if LE are investigating him?

http://www.orlandosentinel.com/news...rial-depositions-20110318,0,335491,full.story

Yes. But also trying to find out if there's any way he can say Laura B was telling the truth before but is now lying because she was pressured by LE. She's a damaged witness either way and he needs to give up any thought of putting her on the stand.

Is it kosher/appropriate/legal for him to be questioning LE about himself and his (possible) involvement in an on-going investigation, while the depo is regarding another case? Seems to muddy the waters to me, but I don't know the law. Thanks!

 

[AZlawyer]

Is it kosher/appropriate/legal for him to be questioning LE about himself and his (possible) involvement in an on-going investigation, while the depo is regarding another case? Seems to muddy the waters to me, but I don't know the law. Thanks!

Yeah, it's OK in a deposition. Not at trial though.

 

[faefrost]

Yeah, it's OK in a deposition. Not at trial though.

As a follow up to that. can anything that JB says in a deposition be used against him in a separate investigation or prosecution? Can his line of questioning be used as a consciousness of guilt argument in a witness tampering charge, should one be brought? And what is the presumption of truth to what lawyers say in a deposition?

 

[AZlawyer]

As a follow up to that. can anything that JB says in a deposition be used against him in a separate investigation or prosecution? Can his line of questioning be used as a consciousness of guilt argument in a witness tampering charge, should one be brought? And what is the presumption of truth to what lawyers say in a deposition?

No, his line of questioning does not show any consciousness of guilt, just consciousness that LE doesn't like him.

Lawyers normally don't make factual statements in depositions; they ask questions. Was there something JB said in a depo that was untrue, though?

 

[Skully]

I don't know if this has been asked yet, but, if ICA decided to plead guilty rather than go to trial, would she be allowed to plead to involuntary manslaughter? Would the State keep the DP on the table if she confessed that she killed Caylee but it was an accident and she tried to cover it up? If she did decide to do this, confess, would the State be allowed to change the charge to involuntary manslaughter if they wanted too?

 

[Macushla]

following up on Bern's question. If KC decides to plead guilty and does go with 'the accident which snowballed' story what are the options for sentencing? If the State backs off and allows her to plead to aggravated manslaughter or manslaughter, who decides on the length of the sentence? I am assuming the State will have a recommendation, but how much leeway would Judge Perry have in deciding how much time she should serve?

 

[jennyb]

Question. What's the difference between "LWOP" and Life Without the Possibility of Parole?

Is this just different terminology meaning the same thing? Or does LWOP actually have a possibility of parole?

Thanks!

 

[faefrost]

Question. What's the difference between "LWOP" and Life Without the Possibility of Parole?

Is this just different terminology meaning the same thing? Or does LWOP actually have a possibility of parole?

Thanks!

LWOP is the abrieviated form of "Life Without Parole" So they mean the same thing.