Legal Questions for Our VERIFIED Lawyers #2

[Blaise]

The Florida Supreme Court -- as a group -- liberal leaning activist kinda guys or law-and-order by the book, hang 'em high kinda guys? Were the majority of them prosecutors or defense attorneys in their prior lives?

Blaise

 

[AZlawyer]

AZ, not sure if it's has been asked already, but will George's Grand Jury testimony be revealed at trial for the jurors to hear? TIA
pip

The SA got permission to get that portion of the GJ proceedings transcribed, IIRC, because they believed there was an inconsistency between George's testimony before the GJ and his testimony at some other depo or hearing. If the SA was correct about that, the jury might get to hear just that little piece of George's testimony.

 

[pip]

The SA got permission to get that portion of the GJ proceedings transcribed, IIRC, because they believed there was an inconsistency between George's testimony before the GJ and his testimony at some other depo or hearing. If the SA was correct about that, the jury might get to hear just that little piece of George's testimony.

Thanks AZ! So the rest is sealed forever?

 

[AZlawyer]

Thanks AZ! So the rest is sealed forever?

Forever is a very final word. But I wouldn't hold your breath.

 

[celticthyme]

I don't think her note taking will be as much of a problem as her failure to react normally. When she does react, it seems...odd. :waitasec:

AZ, thank you so much for your insightful contributions and professional expertise on this case. It makes such a difference!

I have been thinking over the past few days about Casey's behavior in court. If anyone were to not know anything about the person sitting there, and there was no sound, even just "observing" her we see behavior that is not normal. She seems to exhibit some signs of OCD, ADHD, among others. But to know what her behaviors were surrounding the death of her child, and statements she has made, we can speculate about her being dissociative and a sociopath, not to mention a pathological liar. Does this not cut both ways for both the defense and the State?

 

[SunnyinMO]

Would someone please explain the difference in an investigative interview and a deposition? Dominic Casey would not submit to a deposition to the State, but he did, IIRC, agree to an investigative interview. Also JB decided NOT to attend this interview. And it has not been released. I would also like to know if anyone can tell me a logical reason for JB not to attend, other than he knew what might be coming. And why has DC's interview not been released? TIA

 

[AZlawyer]

AZ, thank you so much for your insightful contributions and professional expertise on this case. It makes such a difference!

I have been thinking over the past few days about Casey's behavior in court. If anyone were to not know anything about the person sitting there, and there was no sound, even just "observing" her we see behavior that is not normal. She seems to exhibit some signs of OCD, ADHD, among others. But to know what her behaviors were surrounding the death of her child, and statements she has made, we can speculate about her being dissociative and a sociopath, not to mention a pathological liar. Does this not cut both ways for both the defense and the State?

Yes, each side will "spin" her mental issues to fit its theory.

Would someone please explain the difference in an investigative interview and a deposition? Dominic Casey would not submit to a deposition to the State, but he did, IIRC, agree to an investigative interview. Also JB decided NOT to attend this interview. And it has not been released. I would also like to know if anyone can tell me a logical reason for JB not to attend, other than he knew what might be coming. And why has DC's interview not been released? TIA

An investigative interview is an interview of a witness for purposes of investigating the crime. The attorney for the defendant is not invited, because it is part of the investigation.

A deposition is a formal proceeding with a court reporter that the parties can use to discover what a trial witness is likely to say at trial. The attorney for the defendant is invited, because it is part of the court case.

IIRC, the only reason the State was allowed to do an "investigative interview" rather than a deposition of Dominic Casey was that he was not on the defense witness list and JB did not want to add him. If JB had added him to the list, JB would have been allowed to attend. IMO JB perhaps did not want to add him to the list because he wants to object to him being a witness, which is awfully dang hard to do if you put him on your own list.

If the SA decided not to record DC's investigative interview, there would be nothing for them to disclose. However, JB would still be free to take his deposition and find out what he told the SA! Possibly he hasn't done this because he knows perfectly well what DC told the SA...

 

[Jolynna]

MM just got a list of new defense witnesses. One is the supervisor of a landscaping company that maintained Suburban Drive during the relevant period and there are some "searchers". One of the searcher's status went from "possible" to "necessary" after Baez deposed her.

They can't do an "accident scenario" defense while still maintaining KC didn't put Caylee in her car trunk or on Suburban Drive, can they?

 

[AZlawyer]

MM just got a list of new defense witnesses. One is the supervisor of a landscaping company that maintained Suburban Drive during the relevant period and there are some "searchers". One of the searcher's status went from "possible" to "necessary" after Baez deposed her.

They can't do an "accident scenario" defense while still maintaining KC didn't put Caylee in her car trunk or on Suburban Drive, can they?

IMO presenting both theories would cause the jury to say, "hmmm, ok, you're just throwing the whole bowl of spaghetti against the wall to see what sticks" and then there is no way they will buy the accident theory.

But I am not totally convinced JB and CM have picked one single theory yet.

 

[SunnyinMO]

Yes, each side will "spin" her mental issues to fit its theory.



An investigative interview is an interview of a witness for purposes of investigating the crime. The attorney for the defendant is not invited, because it is part of the investigation.

A deposition is a formal proceeding with a court reporter that the parties can use to discover what a trial witness is likely to say at trial. The attorney for the defendant is invited, because it is part of the court case.

IIRC, the only reason the State was allowed to do an "investigative interview" rather than a deposition of Dominic Casey was that he was not on the defense witness list and JB did not want to add him. If JB had added him to the list, JB would have been allowed to attend. IMO JB perhaps did not want to add him to the list because he wants to object to him being a witness, which is awfully dang hard to do if you put him on your own list.

If the SA decided not to record DC's investigative interview, there would be nothing for them to disclose. However, JB would still be free to take his deposition and find out what he told the SA! Possibly he hasn't done this because he knows perfectly well what DC told the SA...

AZ again I thank you. You :rocker:

 

[LolaMoon08]

It looks as though DC will be deposed by the State on Monday. Will the defense be present?

 

[AZlawyer]

It looks as though DC will be deposed by the State on Monday. Will the defense be present?

Yes, both sides are present for depositions.

 

[logicalgirl]

Yes, both sides are present for depositions.

So AZLawyer, are you thinking Dom might say something interesting in this depo? I had high hopes which were dashed completely when I read his emails with the "psychics" - sigh.

 

[AZlawyer]

So AZLawyer, are you thinking Dom might say something interesting in this depo? I had high hopes which were dashed completely when I read his emails with the "psychics" - sigh.

I hope so. If we can't get the other $2,000 worth of depos, we ought to at least pitch in for this one! :rocker:

 

[LolaMoon08]

I hope so. If we can't get the other $2,000 worth of depos, we ought to at least pitch in for this one! :rocker:

Any chance it could be sealed?

If it's not sealed, if DC does have some kind of immunity, would that come up in the deposition?

 

[AZlawyer]

Any chance it could be sealed?

If it's not sealed, if DC does have some kind of immunity, would that come up in the deposition?

I can't think of any reason it would be sealed.

Yes, an immunity agreement might come up in the deposition.

 

[ynotdivein]

Good morning! :coffeeup:

When the jury goes into the deliberation room, are they only allowed to take their notes with them? Let's say they want to clarify some piece of Dr. Vass's testimony, or listen again to the first phone call home--do they have to ask to have that brought to them, or is all the evidence provided in nice binders for them to review?

(And if it's not provided for them & they have to request it, why?)

TIA! :seeya:

 

[Numbers]

By motion/agreement, the SA states that they will not be bringing in the details of Casey's sex life with Tony R and TonE L, but merely that such an intimate relationship did exist.

What would happen if Baez questioned either of these young men on this topic? Would this open the door for the state to inquire more/deeper, or would they still be barred from discussing this? OR - would they object when Baez tried it the first time?

TY!

 

[LambChop]

There is some talk on the threads about the A's doing an interview with InSession today in their home. Since they are witnesses of the State should they be discussing any portion of the case with media about the trial?

 

[Kimster]

Keep your posts in the form of a question in here please.

:tyou: