Legal Questions for our VERIFIED Lawyers #3

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Can I help by giving a completely different third answer lol? ;)

IMO the relevance of "profiting off the case" is that it shows the person's motive for being involved in the case or for acting the way they did. IMO there is no relevant purpose for asking Casey about the money she got for Caylee's pictures to pay for her defense, unless the SA intends to argue that she killed Caylee with the motive of obtaining money to pay for a lawyer to defend her for killing Caylee. :waitasec:
AZ is most likely correct, it would be ruled irrelevant. But if I were State and defense spent whole trial implying that witnesses who sell story to media indicated untrustworthiness, then the fact she also did the same would be relevant to either show that she to is untrustworthy by her act or the opposite, that the fact she did it for 20X more than anyone else would show that it is not very relevant.
 
AZ is most likely correct, it would be ruled irrelevant. But if I were State and defense spent whole trial implying that witnesses who sell story to media indicated untrustworthiness, then the fact she also did the same would be relevant to either show that she to is untrustworthy by her act or the opposite, that the fact she did it for 20X more than anyone else would show that it is not very relevant.

Hey RH, I have a legal question for you. And it's a leading legal question, too, so we can demonstrate for the people up above who were asking about leading questions.

Here's the leading part--ISN'T IT TRUE, RH, that even though JB did a fabulously better job on his opening statement than anyone could have predicted looking at him in 2008, he still screwed up the soup by adding too many ingredients?
 




Please explain further w/example. Don't understand the reasoning here. I just find it so appaulling that JB is allowed to Boast to the jurors about any rewards/profits that were or might have been available from this case -( ie. to RK or Dr.Vass etc) -- and he sold those pictures of Caylee and gained $300,000 plus and things have turned out the way they have - with the state footing the bill, and the jurors shouldn't know this. CRAZY. TIA

For evidence to be admissible it has to be relevant to some issue in the matter that is sought to be proved or disproved or to show bias or to impeach, etc. Absent an agreement of the attorneys, in order for evidence to be introduced it has to be authenticated, a foundation has to be laid, and the individual through whom the evidence is sought to be introduced has to have first hand knowledge of the evidence in some way. Assuming the $300K KC received was relevant, who could testify to it? The person giving it and the person receiving it. Not sure how it would be relevant though. The reason JB can ask witnesses about rewards or profits they may have gotten from this matter is because it is directly relevant to the witnesses' credibility.
 
Can I help by giving a completely different third answer lol? ;)

IMO the relevance of "profiting off the case" is that it shows the person's motive for being involved in the case or for acting the way they did. IMO there is no relevant purpose for asking Casey about the money she got for Caylee's pictures to pay for her defense, unless the SA intends to argue that she killed Caylee with the motive of obtaining money to pay for a lawyer to defend her for killing Caylee. :waitasec:

TY AZ, since I am NOT an attorney it is not always easy to follow views or answers from your view point. But, I follow some of what you are saying.

I do understand that in most cases it is often brought to light when a person gains monetarily from a case. So, I see what he was doing ... sort of.

But, I don't view the selling of Caylee's photos as revenue for Casey. So, would JB have told her that if she had photos to bring them and he could get a deal going that would be payment for his services? So, are you saying we should look at it (from this viewpoint) as a way for Casey to compensate him for defending her.

I have looked at it, as Jose seeing it as a 'windfall' for himself. I don't believe those photos would have ever been sold via Casey solely - it was at the suggestion of JB and his knowing that they would be worth a bundle. Nice that she had so many photos to make the deal with. I don't think most of us NON Attorneys view it as Casey selling the photos or her profiting from them. Thus making all of this hard to view differently than you as an Attorney's view point. I hope I have made this more clear from my viewpoint.

What would have happened had she not had the photos for him to sell or license? Do you think he would be defending her differently with no compensation at all?

No pun intended to you or any attorney, just want to understand how differently a 'non attorney view' should or could be viewed regarding this matter. TYVM. I appreciate your comments.
 
Thanks for the explanation...I asked "What happens if a witness is declared hostile? I am really asking if a witness is punished in some way by the court if he or she is "declared hostile"? Are they found to be in contempt of court and fined or something?
LOL! Not unless they are "hostile" towards the Judge or somebody and then the Bailiff will probably "take 'em out" due to their conduct before the Judge ever gets around to declaring them a "hostile witness." :floorlaugh::great:
The fact that they are ornery towards the lawyer asking the questions is what usually gets them a hostile witness label. (Lawyers get no respect.)

Loved this question!
 
Can I help by giving a completely different third answer lol? ;)

IMO the relevance of "profiting off the case" is that it shows the person's motive for being involved in the case or for acting the way they did. IMO there is no relevant purpose for asking Casey about the money she got for Caylee's pictures to pay for her defense, unless the SA intends to argue that she killed Caylee with the motive of obtaining money to pay for a lawyer to defend her for killing Caylee. :waitasec:

Absolutely agree!
 
How unethical is it for an attorney to know the "truth" about a death, yet, allow his client to rot in jail for nearly three years so he could have HIS day in court? How many times did Jose claim to Judge Strickland that he had proof what happened to Caylee and he would provide it but never did? Would a reputable attorney withhold evidence just so he could be a hero by getting his client acquitted when all he had to do years ago was show the judge proof of what really happened and the judge would have dismissed the case against his client???

Jose was all over the place. How could both George and Mr. Kronk both be involved? What Jose did to those men to benefit Casey was beyond despicable. That man should be disbarred. What kind of justice system allows such trash? If this is how our justice system works, tearing down innocent people just to get the guilty off free and clear, well, I don't think it's moral. Jose should be made to pay for what he's done to the characters and reputations of those men.

It's attorneys like Jose that made me change my mind about attending law school after taking about eight pre-law college courses. Jose is the lowest of the low.
 
What is the point of bringing up this huge story of Roy Kronk for JB? Why doesn't JB just leave it at that... Roy Kronk found Caylee. The whole point of the case is to determine whether or not Caylee was murdered which is what the prosecution is stating. JB stated today Caylee drowned and because of KC's alleged sexual abuse, lied about many things and coped in strange ways. Isn't this enough? Why bring Roy Kronk into this?
 
Yes, it is testifying in a backwards sort of way, it is forbidden, and someone (cough cough HHJP cough cough) ought to put a stop to it. Outside the hearing of the jury.


Oh. Then he could be disbarred, yes. :)



THAT was a mess IMO. Jose took the best possible defense (accident plus cover-up plus ugly coping due to being messed up in childhood) and screwed it up by adding in a bunch of other carp that the jury probably won't buy. :banghead:

Respectfully bolded by me.

Hi AZ! loved the radio show!

Is it possible that if HHJP does not stop Casey from all the nodding and head shaking, would the SA be able to force her to fully testify because she'd been allowed to get away with this since trial started?
 
Could the fact that the DT isn't privy to the SA witness list be an appeal issue? TIA.
 
How unethical is it for an attorney to know the "truth" about a death, yet, allow his client to rot in jail for nearly three years so he could have HIS day in court? How many times did Jose claim to Judge Strickland that he had proof what happened to Caylee and he would provide it but never did? Would a reputable attorney withhold evidence just so he could be a hero by getting his client acquitted when all he had to do years ago was show the judge proof of what really happened and the judge would have dismissed the case against his client???

Jose was all over the place. How could both George and Mr. Kronk both be involved? What Jose did to those men to benefit Casey was beyond despicable. That man should be disbarred. What kind of justice system allows such trash? If this is how our justice system works, tearing down innocent people just to get the guilty off free and clear, well, I don't think it's moral. Jose should be made to pay for what he's done to the characters and reputations of those men.

It's attorneys like Jose that made me change my mind about attending law school after taking about eight pre-law college courses. Jose is the lowest of the low.

You're assuming that JB knows what you term the "truth" of Caylee's death. If what JB stated in opening statements is what KC told him then there is no problem with him presenting this theory in court. I can't say this enough-it is the sole province of the jury to determine the credibility of the evidence, the credibility of the witnesses and determine whether or not KC is guilty or innocent of the charges against her--it is not the job of the DT. That said, no reputable attorney would withhold evidence so that he could get his client acquitted and become a hero.

Don't let your opinion of JB discourage you from attending law school. For every JB, there are 10 Richard Hornsbys.

What is the point of bringing up this huge story of Roy Kronk for JB? Why doesn't JB just leave it at that... Roy Kronk found Caylee. The whole point of the case is to determine whether or not Caylee was murdered which is what the prosecution is stating. JB stated today Caylee drowned and because of KC's alleged sexual abuse, lied about many things and coped in strange ways. Isn't this enough? Why bring Roy Kronk into this?

I think all attorneys on this thread would agree that adding the bizarre Roy Kronk theory was unnecessary and possibly, if not probably, torpedoed the defense. Can't for the life of me imagine why he needed to add this. Also, find it mind boggling that he just didn't leave it as an accident by a young mother who panicked--why did he need to throw GA into the mix? IMO, he added numerous things he didn't need to and shouldn't have.

Respectfully bolded by me.

Hi AZ! loved the radio show!

Is it possible that if HHJP does not stop Casey from all the nodding and head shaking, would the SA be able to force her to fully testify because she'd been allowed to get away with this since trial started?

AZ thinks this head shaking is forbidden (post 403), I am adamant this head shaking would not be permitted in my jurisdiction (post 412), however, Rhornsby claims it's usual, common and it would be up to the SA to object to it (post 413). Different things in different jurisdictions, I guess. That said, no, the SA could never force KC to testify--she has a constitutional right not to testify.

Could the fact that the DT isn't privy to the SA witness list be an appeal issue? TIA.

The DT is privy to the witness list. They are not privy to the order of witnesses. I am not aware of any law that requires the SA to inform the DT of the order in which they will call their witnesses, so no, it would not be an issue for appeal.
 
Why is HHJP allowing the defense to ask 'were you there on June 16th when Caylee drowned"? There is nothing in evidence about a drowning, it has not been proved. It is simply what JB says happened. I thought he had to stick to the facts, not what he says happened? HHJP let it go by twice so far. I am really stumped as to why, please help!
 
Why wasn't Nathan allowed to say what LA told him directly? He started to say that ICA got herself in trouble from time to time and the DA objected and was not allowed to continue. It wasn't hearsay, it was something that LA told him directly. I don't understand?
 
Why is HHJP allowing the defense to ask 'were you there on June 16th when Caylee drowned"? There is nothing in evidence about a drowning, it has not been proved. It is simply what JB says happened. I thought he had to stick to the facts, not what he says happened? HHJP let it go by twice so far. I am really stumped as to why, please help!

I am stumped as well. The question does assume a fact not in evidence. The objection was proper--assumes facts not in evidence. Not sure why JP overruled the first objection--I was surprised as well. The second time the SA didn't object.
 
Why wasn't Nathan allowed to say what LA told him directly? He started to say that ICA got herself in trouble from time to time and the DA objected and was not allowed to continue. It wasn't hearsay, it was something that LA told him directly. I don't understand?

It was hearsay. That LA told him directly doesn't change that fact. The SA didn't come up with a hearsay exception with which the court agreed.
 
in todays news thread the dt filed "demand discovery of favorable evidence" can you explain what that is TIA
 
It was hearsay. That LA told him directly doesn't change that fact. The SA didn't come up with a hearsay exception with which the court agreed.

So will they be able to ask witnesses if Casey ever told them she was sexually abused by Lee or George? Or would their answer be hearsay?
 
in todays news thread the dt filed "demand discovery of favorable evidence" can you explain what that is TIA

The defense is pretending that the SA is hiding evidence that is favorable to Casey. It is probably the FBI study regarding hair samples, which is probably (1) not in the possession or control of the SA, (2) not complete, and (3) not helpful to the defense. IMO only. :)

So will they be able to ask witnesses if Casey ever told them she was sexually abused by Lee or George? Or would their answer be hearsay?

There is a hearsay exclusion for the prosecution to offer statements made by the defendant to the witness.
 
I'm sure this has been asked before, but if the jury does not find her guilty of 1st degree murder, can they still find her guilty of 2nd degree or manslaughter?
 
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