Legal Questions for Our VERIFIED Lawyers #2

[AZlawyer]

Apologies in advance if this has been asked and answered -- I've (literally) given myself motion sickness with all the scrolling. My question is: Once the trial is over, and if ICA is found guilty, will/can the transcripts of the psych experts' depos be released?

I doubt it. The appeals could go on for years.

 

[Skully]

Do you think the Judge will watch the 48 Hour show? Is he allowed? Also how can JB ask the Judge to try to keep the media out or lessen the coverage of the case, when he is doing this 48 Hour show before the jury is even picked?

 

[Themis]

Sooooo, the defendant has a right to be there. Thanks for answering that since I'm clueless when it comes to trials.

Another question, can the public be there? I'm thinking no.

And can the press be there during jury selection?

Public -- yes
Press -- yes
With few exceptions, all parts of a trial are open to the public.

 

[Themis]

In the case I was involved with, no spectators and no media allowed. Basically we signed in during the morning and had a large room to sit in, with side rooms of computers, library, and a small vending area. Then someone would come in and announce numbers and those people were gathered up and brought out. We were allowed one hour for lunch in which we could leave the grounds. I was not called until the afternoon. Only court officials and security were allowed past the registration desk. Due to the notoriety, I would assume (but don't know for sure) that prospective jurors won't even be allowed to leave for lunch.

The gathering and sign-in of potential jurors is not part of the voir dire that is part of the trial. Of course the gathering is not open to the public. Likewise, there may have been tight security screening. However, trials are not secret. They may be closed in whole or part because they are necessarily discussing confidential and privileged information like mental health information that is not first presented by the defense so the privilege is waived, but other than a few things like that trials are public. When potential jurors are called into the courtroom is when they are subject to the jury selection process. Prior to that they are just a pool of people selected from drivers licenses, voter registrations or whatever other lists the jury commissioner uses to select people to be part of a jury pool. Voir Dire, the process of screening jurors in court, is public.

 

[ynotdivein]

What do our lawyers think of the bits and pieces of info that came out today about the depo being halted by CJBP apparently at the request of the DT, and the DT taking Danziger and Weitz off the table as potential witnesses? Is this as bad for them as it seemed to be? Do we know enough to make any sense of this?

 

[AZlawyer]

Do you think the Judge will watch the 48 Hour show? Is he allowed? Also how can JB ask the Judge to try to keep the media out or lessen the coverage of the case, when he is doing this 48 Hour show before the jury is even picked?

The judge should not be seeking out outside information about the case, as a matter of judicial ethics.

JB can (and will, if asked, I'm sure) say that he wants the media out, but until then, he wants to make sure he gets "equal time" in the media.

What do our lawyers think of the bits and pieces of info that came out today about the depo being halted by CJBP apparently at the request of the DT, and the DT taking Danziger and Weitz off the table as potential witnesses? Is this as bad for them as it seemed to be? Do we know enough to make any sense of this?

It was fascinating. I suspect all of these decisions had something to do with statements made by HHJP outside of our hearing indicating that the defense could not "have its cake and eat it too"--i.e., the defense could not present Casey's testimony through experts without (1) having Casey testify and/or (2) allowing the State's experts to examine Casey.

The halting of Dr. D's depo might have been granted on the condition that he be withdrawn as a witness immediately.

 

[TimesPast]

It was fascinating. I suspect all of these decisions had something to do with statements made by HHJP outside of our hearing indicating that the defense could not "have its cake and eat it too"--i.e., the defense could not present Casey's testimony through experts without (1) having Casey testify and/or (2) allowing the State's experts to examine Casey.

The halting of Dr. D's depo might have been granted on the condition that he be withdrawn as a witness immediately.

I think Dr Danziger examined Casey early in the proceedings - as directed by Judge Strickland.

Who would have seen that examination report? Could there be a conflict between the results of same and what was now being suggested? or could it be that the prosecution was asking questions re the information gained during the first examination?
And thank you for all your answers and explanations

 

[TakeNote]

Thank you to all our w/s Lawyers!!

:grouphug: you all are awesome!

you really have help me a lot to understand how the legal stuff works!!

 

[Ada]

I think he said it was taken after "the crime the State alleges was committed" or something like that.

AZ, look at tape 3 of 4, starting at the 11:00 mark. http://www.wftv.com/video/27561730/index.html

 

[AZlawyer]

AZ, look at tape 3 of 4, starting at the 11:00 mark. http://www.wftv.com/video/27561730/index.html

"The state will allege that this occurred after the crime."

I still don't get why everyone thinks this is a big deal. The state WILL allege that those photos were taken after the crime. But this sentence doesn't contain any admission from JB that there was a crime at all, let alone when it happened.

Like if I said, "Casey alleges that Samantha ran off with Caylee after Zanny pushed her down in the park," I'm not admitting that Zanny really pushed her down in the park.

 

[AZlawyer]

I think Dr Danziger examined Casey early in the proceedings - as directed by Judge Strickland.

Who would have seen that examination report? Could there be a conflict between the results of same and what was now being suggested? or could it be that the prosecution was asking questions re the information gained during the first examination?
And thank you for all your answers and explanations

I'm not sure. I would think the SA and defense team both would have seen the report, but the rule is a little unclear on that point.

But in any event that report would have been limited to the issue of whether or not Casey had a reasonable understanding of the legal proceedings (and therefore was competent to stand trial). There must have been a more extensive examination of her since then.

 

[Amil]

If ICA continues to keep her blouse unbuttoned, is it reasonable to expect the Judge to ask her to button up?

 

[AZlawyer]

If ICA continues to keep her blouse unbuttoned, is it reasonable to expect the Judge to ask her to button up?

: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.

 

[lauriej]

..does the judge put a "limit" on just how lengthy a juror questionaire can be?
( i was just looking at the questionaire the defense had for the 'fraud trial'----and that one was an incredible 61 questions! ) -----thank you..

 

[AlwaysShocked]

Do judges ever publish a "list of rules" for inside their courtroom? Such as no cellphones ringing, no gum chewing, no drinks or food in courtroom, any specifications for proper dress, etc.?

 

[LolaMoon08]

Can the defense tell they jury that Casey admits to lying about ZFG or are they not allowed to testify for her? Would that breach some kind of attorney/client privilege?

I'm just wondering because LKB has admitted that there is no nanny... she is not part of the defense anymore, but Casey has NEVER admitted to there being no nanny. So is the defense, during the trial allowed to tell a jury that Casey admits that there is no ZFG??

 

[AZlawyer]

..does the judge put a "limit" on just how lengthy a juror questionaire can be?
( i was just looking at the questionaire the defense had for the 'fraud trial'----and that one was an incredible 61 questions! ) -----thank you..

Yes, there will definitely be limits on the length of any juror questionnaire.

Do judges ever publish a "list of rules" for inside their courtroom? Such as no cellphones ringing, no gum chewing, no drinks or food in courtroom, any specifications for proper dress, etc.?

Yes, and HHJP made a special point of informing everyone of his rules when he first took over the case. I think the things you mentioned were on his list.

Can the defense tell they jury that Casey admits to lying about ZFG or are they not allowed to testify for her? Would that breach some kind of attorney/client privilege?

I'm just wondering because LKB has admitted that there is no nanny... she is not part of the defense anymore, but Casey has NEVER admitted to there being no nanny. So is the defense, during the trial allowed to tell a jury that Casey admits that there is no ZFG??

The defense will not have to tell the jury that Casey lied about ZFG. The State will do that for them. The defense will just admit it.

No, it would not violate attorney-client privilege to do this. You cannot defend your client without presenting your client's position.

 

[TakeNote]

on opening statements.....will we hear from both sides the same day? or does the state go first and then go into the evidence? and then the defense goes?....Im asking because i want to know if we will he have the ....*ah huh* moment from JB the first day into court?

how long do they take for an opening statement.....most of the time.....LOL....i have only heard it before on movies and tv LOL

 

[AZlawyer]

on opening statements.....will we hear from both sides the same day? or does the state go first and then go into the evidence? and then the defense goes?....Im asking because i want to know if we will he have the ....*ah huh* moment from JB the first day into court?

how long do they take for an opening statement.....most of the time.....LOL....i have only heard it before on movies and tv LOL

We should get to hear both opening statements on the same day. I would guess each side will get about 1/2 hour.

 

[Tiki]

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.