Legal Questions for Our VERIFIED Lawyers #2

[AZlawyer]

Casey Defense: Ban Cameras From Trial

http://www.wesh.com/r/27562829/detail.html

What would be the benefit for the DT to have no cameras during the trial?

TIA and thanks for all you do here.

Didn't the DT ask to ban cameras from jury selection only? The reason for that would be to prevent tainting the potential jurors over a multi-day selection process.

 

[GennyMac]

During the April 15th hearing, at the end of the discussion about the photographs, part 3 of WFTV raw video, right at the 16.41 point, Judge Perry is telling the attorneys about the limited availability of approaching him during trial.

What did he mean during this exchange when he said "Sombody took my approach the bench carpet" ? Was this some veiled reference to the 'biased' accusation by the DT? He was looking straight at JB when he said this.

http://www.wftv.com/video/27561730/index.html

Thanks so much if anyone can explain.

 

[Gnatcatcher]

I have a question concerning release of discovery materials. With only 3 weeks left until trial, and with so much evidence not yet released, I'm worried that the defense will say "we've only had a chance to view this material for the last 5 days, so we need more time", thus pushing back trial date? I don't believe this can happen, but I know that there are the Ikea/Cheesecake factory, etc., videos still not released (publicly, at least), and I have to wonder what else the State may have, and how much time they're allowed to hold it for. The whole no ambush allowed vs. something up our sleeve thing continues to baffle me.

 

[Solace]

Hi AZ,

Wondering if you watched the show Saturday night and if so, if you came across with the feeling that George Anthony was going to be served up per Linda Kenny Baden (we'll have to wait and see at trial) and Jose Baez (wait for trial).

Thanks -

 

[AZlawyer]

During the April 15th hearing, at the end of the discussion about the photographs, part 3 of WFTV raw video, right at the 16.41 point, Judge Perry is telling the attorneys about the limited availability of approaching him during trial.

What did he mean during this exchange when he said "Sombody took my approach the bench carpet" ? Was this some veiled reference to the 'biased' accusation by the DT? He was looking straight at JB when he said this.

http://www.wftv.com/video/27561730/index.html

Thanks so much if anyone can explain.

I can't watch the video at the moment, sorry. Out of context, it sounds like he was making a "magic carpet" reference--saying that he has no magic power to transport the attorneys to the bench just because they don't want to say something embarrassing in public.

I have a question concerning release of discovery materials. With only 3 weeks left until trial, and with so much evidence not yet released, I'm worried that the defense will say "we've only had a chance to view this material for the last 5 days, so we need more time", thus pushing back trial date? I don't believe this can happen, but I know that there are the Ikea/Cheesecake factory, etc., videos still not released (publicly, at least), and I have to wonder what else the State may have, and how much time they're allowed to hold it for. The whole no ambush allowed vs. something up our sleeve thing continues to baffle me.

Why do you think a lot of evidence still remains to be released? I think it's pretty much all out there.

The videos of IKEA, etc., have been released to the defense. No one from the media has paid for copies, apparently. But this "late" disclosure would only be a problem if the defense needed time to prepare to respond to the evidence. So suppose the defense gets the IKEA video and it shows Casey merrily skipping along with Will looking at posters. What would the defense need to do in response to that video that would take any time? The information that Casey and Will went to IKEA on July 5 (IIRC) was disclosed a long time ago. Will has been interviewed and probably deposed as well (I forget), and everyone has had plenty of time to ask him how Casey was acting. In addition, presumably nothing in the video will come as any surprise to Casey, who was there at the time and has had plenty of time to tell her attorneys what happened.

The State is not allowed to hold anything "up its sleeve" for trial.

Hi AZ,

Wondering if you watched the show Saturday night and if so, if you came across with the feeling that George Anthony was going to be served up per Linda Kenny Baden (we'll have to wait and see at trial) and Jose Baez (wait for trial).

Thanks -

I didn't watch it, but I read the running commentary on WS. If I were George, I would be pretty nervous right about now. But Ricardo is still a potential bus victim as well...the "Big Trouble" T-shirt was only ever seen at his house, and Casey had just broken up with him, which I'm sure the DT thinks could be a motive for murder. And of course, he (and 60% of everyone on MySpace between the ages of 16-24 in early 2008) had the chloroform joke on his MySpace page. Not to mention Jesse G. ... All in all, I think the DT is refusing to "confirm or deny" any possible strategy because (1) the strategy is in flux until HHJP makes all the pretrial evidentiary rulings, and (2) the DT doesn't want the true bus victim to know who he is yet.

 

[SunnyinMO]

OK.....this has been on my mind, so I am going to ask it...we hear about the defense appealing all the time. We hear the judge (any judge) doesn't want his decision reversed on appeal. sooooooooooooooooooooooooooooooooo, Does the State ever appeal a judge's decsion? Can they? If so do they? :saythat:

 

[Gnatcatcher]

Why do you think a lot of evidence still remains to be released? I think it's pretty much all out there.

The videos of IKEA, etc., have been released to the defense. No one from the media has paid for copies, apparently. But this "late" disclosure would only be a problem if the defense needed time to prepare to respond to the evidence. So suppose the defense gets the IKEA video and it shows Casey merrily skipping along with Will looking at posters. What would the defense need to do in response to that video that would take any time? The information that Casey and Will went to IKEA on July 5 (IIRC) was disclosed a long time ago. Will has been interviewed and probably deposed as well (I forget), and everyone has had plenty of time to ask him how Casey was acting. In addition, presumably nothing in the video will come as any surprise to Casey, who was there at the time and has had plenty of time to tell her attorneys what happened.

The State is not allowed to hold anything "up its sleeve" for trial.

I snipped your response to only address my one question, but I thank you so much for taking the time to address all that you do.

I thought there was still unreleased evidence, but I guess I'm wrong. In the 'Unreleased Evidence' thread (http://www.websleuths.com/forums/showthread.php?t=82951&highlight=Unreleased+Evidence) there are still a few things people have been waiting for that have not come out. For example, Part 2 of Cindy's interview with LE (Parts 1 and 3 have been released, part 2 was supposed to be part of a doc dump last year but never was), Mallory Parker's deposition, everything about Dominic Casey, text messages between Cindy and Casey. Or maybe, are you saying that these are curiosities and not evidence? It just doesn't make sense to me, that a short deposition with a TES searcher is released, but Mallory's is not. Forgive me for not understanding, and thank you for taking the time to answer.

 

[logicalgirl]

I didn't watch it, but I read the running commentary on WS. If I were George, I would be pretty nervous right about now. But Ricardo is still a potential bus victim as well...the "Big Trouble" T-shirt was only ever seen at his house, and Casey had just broken up with him, which I'm sure the DT thinks could be a motive for murder. And of course, he (and 60% of everyone on MySpace between the ages of 16-24 in early 2008) had the chloroform joke on his MySpace page. Not to mention Jesse G. ... All in all, I think the DT is refusing to "confirm or deny" any possible strategy because (1) the strategy is in flux until HHJP makes all the pretrial evidentiary rulings, and (2) the DT doesn't want the true bus victim to know who he is yet.

So are you saying this is going to be a dangerous "Bus" cause as much as the DT infers GDDI or Richardo did it, there is really nothing from my perspective that even points to it besides DT hot air. Will you please take a moment to explain just how damaging you think this DT "Bus" will be to the case and whoever is in the "Bus"? Thank you AZ!

 

[EastCoast]

Just watched Fridays hearings today, trying to keep up, my question is, it sounds like there will be media present during the jury selection. Does the Judge have any discretion in not allowing the media in during the jury selection? Or is that covered by the 1st Ammendment? I have served on many juries and seems like some of the questions they ask are very personal, like married, single, how many children, what ages, any arrests, lawsuits, etc?

 

[Themis]

OK.....this has been on my mind, so I am going to ask it...we hear about the defense appealing all the time. We hear the judge (any judge) doesn't want his decision reversed on appeal. sooooooooooooooooooooooooooooooooo, Does the State ever appeal a judge's decsion? Can they? If so do they? :saythat:

Does the state ever appeal? Yes.
Can they? Yes.
Do they? Yes.

 

[AZlawyer]

I snipped your response to only address my one question, but I thank you so much for taking the time to address all that you do.

I thought there was still unreleased evidence, but I guess I'm wrong. In the 'Unreleased Evidence' thread (http://www.websleuths.com/forums/showthread.php?t=82951&highlight=Unreleased+Evidence) there are still a few things people have been waiting for that have not come out. For example, Part 2 of Cindy's interview with LE (Parts 1 and 3 have been released, part 2 was supposed to be part of a doc dump last year but never was), Mallory Parker's deposition, everything about Dominic Casey, text messages between Cindy and Casey. Or maybe, are you saying that these are curiosities and not evidence? It just doesn't make sense to me, that a short deposition with a TES searcher is released, but Mallory's is not. Forgive me for not understanding, and thank you for taking the time to answer.

There's a lot of information we don't have about these "missing" items. Maybe the tape recorder malfunctioned during part of Cindy's interview. Maybe DC's investigative interview wasn't recorded at all. Maybe the media requests for document releases didn't cover everything we would have liked to see.

Depo transcripts are not generally released to the other side in discovery. Both parties are free to order their own transcripts, but unless the media specifically requested them from the State (and the State had ordered a transcript) they wouldn't be released to the public either. Many many many depo transcripts in this case have been filed with the court, but no one has paid the thousands of dollars necessary to purchase all the copies.

As far as the text messages between Cindy and Casey, we have some (near the very end) and we know from the phone reports that no others could be recovered.

So are you saying this is going to be a dangerous "Bus" cause as much as the DT infers GDDI or Richardo did it, there is really nothing from my perspective that even points to it besides DT hot air. Will you please take a moment to explain just how damaging you think this DT "Bus" will be to the case and whoever is in the "Bus"? Thank you AZ!

I think it is a pretty desperate strategy, if that's what they're going with, but it will work better if the bus victim is not aware that the bus is coming for them!

Just watched Fridays hearings today, trying to keep up, my question is, it sounds like there will be media present during the jury selection. Does the Judge have any discretion in not allowing the media in during the jury selection? Or is that covered by the 1st Ammendment? I have served on many juries and seems like some of the questions they ask are very personal, like married, single, how many children, what ages, any arrests, lawsuits, etc?

I believe the US Supreme Court recently decided that jury selection should be public.

Many of the questions you mentioned might be covered by a written juror questionnaire in this case. Also, HHJP might order that the faces of the jurors be blurred out or not shown on camera.

 

[Katprint]

:floorlaugh: That's really her lawyers' job. I suppose if she is showing a distracting level of cleavage in front of the jury, HHJP might say something. The show must be even better from his vantage point.

Way back when I was doing OJ Simpson murder trial legal analysis/commentary for a radio station, I read F. Lee Bailey's books for background context. He described using a variety of distractions when critical witnesses for the opposing party were testifying.

For example, he would stick a hatpin into a cigar then smoke it (smoking used to be permitted in courtrooms) in such a way that the ash would remain intact on the end and would get really, really long. The jury would be watching the precarious ash instead of paying attention to the witness.

Another distraction would be to put a big important-looking box on counsel table in hopes that the jury would think about what was in the box instead of concentrating on the testimony. He actually did a variation on this in the OJ Simpson murder trial with an irrelevant not-used-in-the-murder knife wrapped in a manilla envelope that sat around on counsel table for weeks.

Also, he would wear really loud, ugly clothes - clashing shirts and ties, mismatched patterned socks, etc. - during the other side's cross-examinations. Pretty much anything he could think of to take the jury's mind off of what the other side was presenting.

I'm thinking that so long as Casey's clothing does not violate Florida's indecent exposure laws, Judge Perry will probably let her leave some buttons unbuttoned. Besides, it gets really, really hot in Orlando during the summer. Who knows how hot the courtroom might get, especially if air-conditioning is limited due to court budget problems?

Katprint
Who had several unpleasantly warm appearances
several years ago during California's rolling blackouts / energy crisis.
Always only my own opinions

 

[Sherlock At Home]

Your thoughts please.

 

[LiveLaughLuv]

As an officer of the court, how does CMason get away with saying the duct tape is the imagination of an over zealous prosecutor when we've all read/seen photos through Dr. G, discovery documents show otherwise?

(If he says this at trial in the presence of the jury, they will deem him incredible and anything said/done will go against his client)..JMHO

Justice for Caylee

 

[SunnyinMO]

Does the state ever appeal? Yes.
Can they? Yes.
Do they? Yes.

Themis, thanks for your reply.....I thought I might be asking a 'duh' question...glad I wasn't. Do you know of any cases where the State has appealed?

 

[LambChop]

This may have already been asked but I have not seen it. Can SA mention KC's lying in their opening statement and her total lack of credibility?

 

[AZlawyer]

Your thoughts please.

(Re: will the defense request 'lesser includeds'?)

Yes. Casey needs the jury to have lots of options to show mercy toward her in this case.

As an officer of the court, how does CMason get away with saying the duct tape is the imagination of an over zealous prosecutor when we've all read/seen photos through Dr. G, discovery documents show otherwise?

(If he says this at trial in the presence of the jury, they will deem him incredible and anything said/done will go against his client)..JMHO

Justice for Caylee

Well, we haven't seen any photos, so we're relying on the autopsy description, which says the tape was "overlying" the lower portion of the face and still attached to "some of the scalp hair". I suspect that the photos will show that the tape was not attached to the skull, but instead was lying loosely across the front area of the skull, bent into a position that would, in theory, fit against the skull, and held in that general area by the hair. After all, there was no adhesive remaining on the tape, and the tape would originally have been attached to Caylee's skin, which was also no longer there. CM is "spinning" the evidence, which is his job. The prosecutors will "spin" it the other way. IMO the SA's "spin" will be a lot easier for the jury to buy, but it is the duty of the defense counsel to point out that the tape was not actually found wrapped around the skull.

Themis, thanks for your reply.....I thought I might be asking a 'duh' question...glad I wasn't. Do you know of any cases where the State has appealed?

I know this question is for Themis, but it is very common for the State to appeal.

This may have already been asked but I have not seen it. Can SA mention KC's lying in their opening statement and her total lack of credibility?

There is a fine line here, and I'm not sure where the Florida courts have drawn it. The SA cannot express a personal opinion regarding KC's credibility in general, but certainly can point out each and every lie to the jury.

 

[Baznme]

In the endeavor of the defense team, are there any boundaries they are bound by as far as "spinning" or swaying the blame on other innocent people without substantial evidence to do so?

 

[momshrink]

According to FL law, will one person having a reasonable doubt mean not guilty or is a majority needed?

 

[MADJGNLAW]

Casey Anthony is now a felon convicted of 6 felonies.

Will the fact that Casey plead Guilty on her check forgery charges make a difference in her murder trial? Also, she spoke out to say sorry to Amy for stealing her checks but never spoke out regarding her missing/murdered daughter Caylee Marie. Will that not also look bad against her?

Video Anthony Apologizes In Open Court
Casey Anthony enters a guilty plea and is sentenced on check fraud charges. Anthony Apologizes In Open CourtCasey Anthony enters a guilty plea and is sentenced on check fraud charges

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