Legal Questions for our VERIFIED Lawyers #3

DNA Solves
DNA Solves
DNA Solves
Status
Not open for further replies.
Is the phone conversation with Christina coming in? The one where Christina starts crying and ICA says "calling you guys? Waste , a huge waste"

Mallory crying on the stand reminded me of it ,since she was more emotional than ICA.

My guess is that the SA might try to have it admitted because it demonstrates KC's demeanor and complete lack of concern for Caylee.

This is not really a legal question, but I'm curious. I've watched a lot of trials and even been on a jury once. This is the first time I have ever seen a judge stand while the jury is led into the courtroom. Most of them remain seated. When I was on a jury, I recall that everybody else was standing while we were being led into the courtroom, except the judge. Is this common, or is he just being extra courteous? Whatever, he is making me respect him more, the more I watch this trial.

I've seen it happen both ways. but in my experience, it is more common for the judge to sit.

Why weren't the Jurors asked during the voir dire questioning IF the juror, or any family member or friend close to them, was ever "sexually abused" ?

During JB's "opening statement", he said that ICA was sexually abused/molested by her father when she was younger -- blah blah blah (I do NOT believe that -- MOO MOO).

Just SUPPOSE -- that there IS someone on the Jury who had been abused -- and say they "believe" JB's BS and ICA ... This could easily be believed by them.

The Jurors were "grilled" over and over about their views on the Death Penalty ... So WHY wasn't "sexual abuse" questions asked by the DT to the Jurors during the questioning ? I understand that the defense did not want to give away their "AHA Moment" ... but really ... I think it's "sneaky" .....

Thanks !! ... and sorry to re-post twice but I did not see an answer ...

My recollection is the jury was asked about sexual abuse--perhaps not directly whether they were victims of sexual abuse but I do remember it coming up during the voir dire.

Thank you for explaining this. If, as per Mark Lippman, Casey's "psychological report demonstrates she is deeply disturbed", and her defense team and the SA are all aware of this fact, how can she be tried (and defended) as if she were mentally sound? Isn't this crossing an ethical line?

She can be tried if found mentally competent. If she can understand the proceedings against her and assist in her defense, then for trial purposes, she is considered mentally competent.

The psychological report is interesting..in that it has been sealed. As a Psychiatric RN I woked with NGRI mental health institute clients on a daily basis and their psychological reports were used by DT to get the NGRI. In 30 years I never saw records sealed, mostly because it was in the clients best interests for the report to be a part of the court record. Is this a common practice and if so, whose best interest is being served? If KC is so deeply disturbed wouldn't it help her DT?

Whenever any record is sealed at the request of the DT, it is sealed to protect the interests of the defendant. There are various reasons why a DT might want such a record sealed but since it was requested in chambers I don't know the reason. Without reading the evaluations myself I don't know whether or not these particular evaluations would help her DT. However, JA represented to the court that neither of the evaluating doctors diagnosed her with any recognized mental disorder including Post Traumatic Stress Disorder. It may be that the evaluations simply note her various claims of sexual abuse which GA & LA absolutely have denied happening to Lippman. Lippman may just be claiming that she is a disturbed individual because she made up sexual abuse claims that are contained in the evaluations.

In NGRI cases, the psych eval has to be admitted into evidence to support the NGRI claim.
 
There is/was a thread titled: Questions regarding how a trial goes... it has been closed.

Why would that happen. I searched FAQ did not get the answer and I am learning here.

Would the questions be better posted here?
Was hoping to get some answers on some questions from people that would know.

Thanks
 
Will the judge stop ICA from shaking her head and mouthing "no" while other people testify. It seems to me that it would fall under her giving testimony without being on the stand for cross examination. Especially since she's facing the jury and they can see her. Shouldn't the SA's say something about it?
 
Judge Strickland sealed the jailhouse video of ICA's reaction when Caylee's remains were found.
The wording in his response led us to believe it made ICA looked guilty and it would taint a potential jury pool.
I'm assuming the SA's will want to use this and the DT will object.Do you believe it is likely to come in?

ETA:Recalling that perhaps the State said they would not use it .In light of the DT's opening statement ,can the SA's change their mind and ask to include it?
 
It seems the SA is bringing witnesses forward according to the timeline. Why hasn't the tattoo been introduced into evidence? I thought the judge ruled in their favor in having it admitted as evidence before the trial began.
Can they introduce it to show her state of mind during the 31 days Caylee was missing?

Also, at some point can they have AH testify that kc stole cheques from her while she was away on vacation? I understand about prior bad acts but if these things happened during the time Caylee was missing doesn't it become important and relevant to show what she was doing during that time?
I'm sorry if this has been asked and answered. I scrolled through the thread from when the trial began and didn't see the question.
Thank you
 
On what grounds would this be not allowed? Is it because Cindy mentions Casey stealing?


"my caylee is missing

Current mood: http://x.myspace.com/images/blog/moods/iBrads… distraughtShe came into my life unexspectedly, just as she has left me. This precious little angel from above gave me strength and unconditional love. Now she is gone and I don’t know why. All I am guilty of is loving her and providing her a safe home. Jealousy has taken her away. Jealousy from the one person that should be thankfull for all of the love and support given to her. A mother’s love is deep, however there are limits when one is betrayed by the one she loved and trusted the most. A daughter comes to her mother for support when she is pregnant, the mother says without hesitation it will be ok. And it was. But then the lies and betrayal began. First it seemed harmless, ah, love is blind. A mother will look for the good in her child and give them a chance to change. This mother gave chance after chance for her daughter to change, but instead more lies more betrayal. What does the mother get for giving her daughter all of these chances? A broken heart. The daughter who stole money, lots of money, leaves without warning and does not let her mother now speak to the baby that her mother raised, fed, clothed, sheltered, paid her medical bills, etc. Instead tells her friends that her mother is controlling her life and she needs her space. No money, no future. Where did she go? Who is now watching out for the little angel?"
 
Why can't mention of KC stealing money come into trial? Can they bring it up when AH testifies? I think the jury should know that KC has been convicted of crimes in the past!
 
How did George and Cindy's lawyer gain access to Casey's psychological evaluations?

I want access!!!!!!!!!!!!
 
AZ/SoCal/Richard, et. al.,

Today we learned the Mark Lippman the attorney for Cindy and George Anthony has made (not sure if it's been filed yet) a motion that will be heard before the trial resumes Tuesday morning.

Before all of us non-lawyers speculate on all kinds of goofy stuff, I hoped you all might educate us on what this motion might be. I think we all can guess the subject matter, but specifically what (I don't know the words here :) instrument or procedure might he be exercising - or is this potentially just to get something on record?

Sigh. Did that make any sense? My heartfelt thanks to all of you as always.

BFMD
 
On the Lippman motion ThinkTank postulated the following in the sidebar thread and I was hoping you could answer if the judge could indeed force an independent psyche eval? tia

as quoted by ThinkTank

Whatever the Lippman's Motion was .... the Judge asked if there were any objections to it, "before he SCHEDULES it" !! So, it is something that Lippman (Cindy and George) is asking the Judge to "schedule" for them. The State has no objection to it, but the Defense sure does object. Wonder what the Judge will "schedule" for the Anthonys? The Judge cannot force the Inmate to visit with her parents in the jail video system.....
Wonder if the Anthonys are asking for the Judge to schedule an independent mental health exam of their daughter? Could the Judge do that?
 
I thought it was "before he schedules the motion"- I could be wrong though!
 
I have a question for our attorneys.

In light of the newest developments in trial- Is it possible that JB, along with Casey's cooperation, will ask for a plea this weekend and the SA has agreed?

Something tells me that GA and CA would not be this cooperative with the state if they knew the DP was even a possibility. I just don't see that. LWOP? Yes- I can definitely see that they would support that sentence. Death? Nope. Maybe the SA has agreed to take that off and that has something to do with the motion Mr. Lippman has filed and CA and GA complete cooperation????

I just can't see GA/CA/LA going along with this sentence.
 
Hi everyone. I have a question regarding the depositions of George before trial. Since JB never asked GA about sexual abuse in the depositions, is there some way that the SA can bring this out in front of the jury that this is a recent strategy and was never explored during pretrial depositions? tyia
 
There is/was a thread titled: Questions regarding how a trial goes... it has been closed.

Why would that happen. I searched FAQ did not get the answer and I am learning here.

Would the questions be better posted here?
Was hoping to get some answers on some questions from people that would know.

Thanks

Never saw that thread, but if it's a legal question I believe it belongs here.

Will the judge stop ICA from shaking her head and mouthing "no" while other people testify. It seems to me that it would fall under her giving testimony without being on the stand for cross examination. Especially since she's facing the jury and they can see her. Shouldn't the SA's say something about it?

This has been answered before. AZLawyer & I agree that it's forbidden and Judge should act (or SA should object), RHornsby thinks it's common and SA must object if they want it stopped--RH practices in this jurisdiction so I would give his opinion more weight.

Judge Strickland sealed the jailhouse video of ICA's reaction when Caylee's remains were found.
The wording in his response led us to believe it made ICA looked guilty and it would taint a potential jury pool.
I'm assuming the SA's will want to use this and the DT will object.Do you believe it is likely to come in?

ETA:Recalling that perhaps the State said they would not use it .In light of the DT's opening statement ,can the SA's change their mind and ask to include it?

I don't think it's likely to come in because IIRC it was taped while she was there for a medical issue and there were other admissibility problems.

It seems the SA is bringing witnesses forward according to the timeline. Why hasn't the tattoo been introduced into evidence? I thought the judge ruled in their favor in having it admitted as evidence before the trial began.
Can they introduce it to show her state of mind during the 31 days Caylee was missing?

Also, at some point can they have AH testify that kc stole cheques from her while she was away on vacation? I understand about prior bad acts but if these things happened during the time Caylee was missing doesn't it become important and relevant to show what she was doing during that time?
I'm sorry if this has been asked and answered. I scrolled through the thread from when the trial began and didn't see the question.
Thank you

CA does fit into the timeline. I also think it was a great move on the part of the SA to have CA testify before a 2 1/2 day break in the proceedings. It's strange how they are having the same witnesses testify over and over again--I have never seen this occur--perhaps CA will also be called to testify over and over during specific portions as the other witnesses have done.

Yes, tattoo is relevant to state of mind and to motive (altho prosecutors don't have to prove motive). I doubt AH will be able to testify to the stolen checks b/c of the rule of prior bad acts.

On what grounds would this be not allowed? Is it because Cindy mentions Casey stealing?


"my caylee is missing

Current mood: http://x.myspace.com/images/blog/moods/iBrads… distraughtShe came into my life unexspectedly, just as she has left me. This precious little angel from above gave me strength and unconditional love. Now she is gone and I don’t know why. All I am guilty of is loving her and providing her a safe home. Jealousy has taken her away. Jealousy from the one person that should be thankfull for all of the love and support given to her. A mother’s love is deep, however there are limits when one is betrayed by the one she loved and trusted the most. A daughter comes to her mother for support when she is pregnant, the mother says without hesitation it will be ok. And it was. But then the lies and betrayal began. First it seemed harmless, ah, love is blind. A mother will look for the good in her child and give them a chance to change. This mother gave chance after chance for her daughter to change, but instead more lies more betrayal. What does the mother get for giving her daughter all of these chances? A broken heart. The daughter who stole money, lots of money, leaves without warning and does not let her mother now speak to the baby that her mother raised, fed, clothed, sheltered, paid her medical bills, etc. Instead tells her friends that her mother is controlling her life and she needs her space. No money, no future. Where did she go? Who is now watching out for the little angel?"

Lots of objections here to various parts of it --prior bad acts, hearsay, lack of foundation.

Why can't mention of KC stealing money come into trial? Can they bring it up when AH testifies? I think the jury should know that KC has been convicted of crimes in the past!

Prior bad acts are not permitted at trial except in very limited circumstances, i.e. to show MO.

How did George and Cindy's lawyer gain access to Casey's psychological evaluations?

I want access!!!!!!!!!!!!

I don't know, however, I believe the SA gave it to their lawyer as the SA is entitled to investigate the allegations contained in it.

AZ/SoCal/Richard, et. al.,

Today we learned the Mark Lippman the attorney for Cindy and George Anthony has made (not sure if it's been filed yet) a motion that will be heard before the trial resumes Tuesday morning.

Before all of us non-lawyers speculate on all kinds of goofy stuff, I hoped you all might educate us on what this motion might be. I think we all can guess the subject matter, but specifically what (I don't know the words here :) instrument or procedure might he be exercising - or is this potentially just to get something on record?

Sigh. Did that make any sense? My heartfelt thanks to all of you as always.

BFMD

Per RH's blog, I believe he thinks it is to obtain an order that the DT can't insinuate that GA molested KC until someone testifies to it. It could be that--or perhaps it relates to GA's grand jury testimony--for instance, if the DT can use it against GA, Lippman may be informing the court that he will be appearing to advise GA during this testimony.

On the Lippman motion ThinkTank postulated the following in the sidebar thread and I was hoping you could answer if the judge could indeed force an independent psyche eval? tia

as quoted by ThinkTank

Whatever the Lippman's Motion was .... the Judge asked if there were any objections to it, "before he SCHEDULES it" !! So, it is something that Lippman (Cindy and George) is asking the Judge to "schedule" for them. The State has no objection to it, but the Defense sure does object. Wonder what the Judge will "schedule" for the Anthonys? The Judge cannot force the Inmate to visit with her parents in the jail video system.....
Wonder if the Anthonys are asking for the Judge to schedule an independent mental health exam of their daughter? Could the Judge do that?

JP was referring to scheduling the motion itself. No, the Anthony's could not request a mental health exam of their daughter.

I have a question for our attorneys.

In light of the newest developments in trial- Is it possible that JB, along with Casey's cooperation, will ask for a plea this weekend and the SA has agreed?

Something tells me that GA and CA would not be this cooperative with the state if they knew the DP was even a possibility. I just don't see that. LWOP? Yes- I can definitely see that they would support that sentence. Death? Nope. Maybe the SA has agreed to take that off and that has something to do with the motion Mr. Lippman has filed and CA and GA complete cooperation????

I just can't see GA/CA/LA going along with this sentence.

I don't think that KC is looking for a plea at all. I think CA simply refused to throw the rest of her family away for a daughter who she probably now believes will spend, at a minimum, a considerable amount of the rest of her life in jail.

Hi everyone. I have a question regarding the depositions of George before trial. Since JB never asked GA about sexual abuse in the depositions, is there some way that the SA can bring this out in front of the jury that this is a recent strategy and was never explored during pretrial depositions? tyia

The DT took the depo not KC. A client can't be held to what their attorney did or didn't ask in a deposition.
 
On what grounds would this be not allowed? Is it because Cindy mentions Casey stealing?


"my caylee is missing

Current mood: http://x.myspace.com/images/blog/moods/iBrads… distraughtShe came into my life unexspectedly, just as she has left me. This precious little angel from above gave me strength and unconditional love. Now she is gone and I don’t know why. All I am guilty of is loving her and providing her a safe home. Jealousy has taken her away. Jealousy from the one person that should be thankfull for all of the love and support given to her. A mother’s love is deep, however there are limits when one is betrayed by the one she loved and trusted the most. A daughter comes to her mother for support when she is pregnant, the mother says without hesitation it will be ok. And it was. But then the lies and betrayal began. First it seemed harmless, ah, love is blind. A mother will look for the good in her child and give them a chance to change. This mother gave chance after chance for her daughter to change, but instead more lies more betrayal. What does the mother get for giving her daughter all of these chances? A broken heart. The daughter who stole money, lots of money, leaves without warning and does not let her mother now speak to the baby that her mother raised, fed, clothed, sheltered, paid her medical bills, etc. Instead tells her friends that her mother is controlling her life and she needs her space. No money, no future. Where did she go? Who is now watching out for the little angel?"

In addition to what SoCal mentioned above, I read that there was some issue of foundation raised, due to the fact that Cindy didn't actually prepare most of the page that the SA wanted to admit--Lee did. So maybe it will come in when Lee is on the stand. IIRC, HHJP already rejected some of the other objections to this message during pretrial motions.

Why can't mention of KC stealing money come into trial? Can they bring it up when AH testifies? I think the jury should know that KC has been convicted of crimes in the past!

I believe HHJP indicated in response to one of the pretrial motions that the stealing could come in to rebut Casey's statement that everything she was doing in that time period, including stealing, was with the goal of finding Caylee. But now that Casey's defense has admitted she was never trying to find Caylee, perhaps that ruling will change.

AZ/SoCal/Richard, et. al.,

Today we learned the Mark Lippman the attorney for Cindy and George Anthony has made (not sure if it's been filed yet) a motion that will be heard before the trial resumes Tuesday morning.

Before all of us non-lawyers speculate on all kinds of goofy stuff, I hoped you all might educate us on what this motion might be. I think we all can guess the subject matter, but specifically what (I don't know the words here :) instrument or procedure might he be exercising - or is this potentially just to get something on record?

Sigh. Did that make any sense? My heartfelt thanks to all of you as always.

BFMD

I figured it was to object to GA's GJ testimony being released to the defense.

Hi everyone. I have a question regarding the depositions of George before trial. Since JB never asked GA about sexual abuse in the depositions, is there some way that the SA can bring this out in front of the jury that this is a recent strategy and was never explored during pretrial depositions? tyia

No, it would be irrelevant whether or not JB asked about it in depos. There are plenty of strategic reasons you might not want to ask a witness something in a depo.
 
My question is, in light of the DNA reports that exclude George and Lee from being Caylee's father, how can Baez insinuate that Caylee was a product of incest? His "Flowers in the Attic" reference seems to mean he was implicating Lee (in the novel of that name by V.C. Andrews, a character is raped by her brother), but he was vague and could have been referring either to George or Lee. How is he allowed to desecrate Caylee's memory like this if the DNA reports refute this?
 
My question is, in light of the DNA reports that exclude George and Lee from being Caylee's father, how can Baez insinuate that Caylee was a product of incest? His "Flowers in the Attic" reference seems to mean he was implicating Lee (in the novel of that name by V.C. Andrews, a character is raped by her brother), but he was vague and could have been referring either to George or Lee. How is he allowed to desecrate Caylee's memory like this if the DNA reports refute this?

"How" he can do it is easy--there's no rule against stupidly suggesting something in your opening that can easily be disproved by the other side.

"Why" he would do it is a more interesting question. One possibility is that he has no idea that the DNA tests exclude George as the father, because he only read the final reports (which say that Lee is not the father but do not mention George) instead of the charts of raw data (which clearly 100% exclude George). Hopefully the SA will address this with one of the FBI witnesses.
 
SoCalSleuth,

Thanks for your response. I will post my questions here to see if they get answered. They are basically about how things work for people called to tesify.

The other day when the young men from the aprtments were all testifying one of them (forget who) mentioned he is there from OHIO. Then the next day, JB asked one of them I believe the same young man. How he got there, who paid for it and was he sticking around?

All my questions go along with that:

When you are called by either side how does it work? Subpoena?
Do they have to come for the beginning and stay in FLA? (TL has been called for days and he lives here in NY)
Are all the witnesses sitting in the Courthouse somwhere just in case it's there turn at any given moment?
What about personal life? (Work,School,Family,etc..)
Who pays for all of his costs attached to coming to FLA? (Flight,Lodging,etc..)
Is there anyway they can say, "No I can't make it that day."

Then I understand that witnesses can't attend in the gallery to watch. What keeps them from going home/hotel and watching it on the web. Or reading anywhere?

TIA to anybody who can explain.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
93
Guests online
1,995
Total visitors
2,088

Forum statistics

Threads
601,856
Messages
18,130,824
Members
231,162
Latest member
Kaffro
Back
Top