Legal Questions for our VERIFIED Lawyers #3

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No, JB had no obligation to report this to the police, and in fact has an ethical obligation NOT to tell the police what his client told him. Casey is a grown-up girl who is perfectly capable of reporting things to the police by herself.

Is this also true if Casey told him where Caylee's body was? If so, I don't understand how someone could live with themselves knowing where a body was...even if it's their ethical obligation not to tell.

Never mind. :) I found an old thread that addresses this.
 
Is this also true if Casey told him where Caylee's body was? If so, I don't understand how someone could live with themselves knowing where a body was...even if it's their ethical obligation not to tell.
There was a case several decades ago where an attorney was charged with a crime and an ethical violation for failing to report the location of a dead body to law enforcement. The attorney learned of the location because of what the client told the attorney. The state had a law criminalizing conduct that left a dead body in a state that was not proper disposal like burying, cremation etc. It was a public health, safety and welfare law to dispose of dead bodies. The requirement of the statute was that anyone knowing the location of such a body had a duty to report it to local health authorities. Because there was a violate of a statute, the attorney also violated his ethical obligations.
 
I know this a lightweigt question, but I'm curious: When they break for lunch, does ICA go back to her cell and eat alone, or is she allowed to have a "working lunch" with one or more of her attorneys?
 
Does the fact that the bug expert was called on 12/11/08 by the defense before the body was identified mean anything?
 
I was reading about alternates in a capital trial in Florida last night, and it sounds like the alternates are dismissed, pending call-back, before the jury is given instructions. Do you know if this is correct? And will they be dismissed at random or will be they be the last four selected for this jury?
 
Sounds like a catch-22 for the attorney, but something I would think they would cover in a law school ethics course.
They did cover it in the law school ethics course. That's where I learned about the case. This is an exclusion from the duty to keep the attorney client confidence.
 
The whole law of privileges and confidential information is statutory; privileges are a creature of statutes. There are statutes on attorney client privilege. However when there is another statute mandating disclosure, in order to harmonize the two, the statute mandating disclosure is read as an exception to the privilege statute.
 
Can more than one prosecutor participate in closing arguments? e.g. One start, and another finish?

Thank you all for your assistance in answering our questions.
 
There was a case several decades ago where an attorney was charged with a crime and an ethical violation for failing to report the location of a dead body to law enforcement. The attorney learned of the location because of what the client told the attorney. The state had a law criminalizing conduct that left a dead body in a state that was not proper disposal like burying, cremation etc. It was a public health, safety and welfare law to dispose of dead bodies. The requirement of the statute was that anyone knowing the location of such a body had a duty to report it to local health authorities. Because there was a violate of a statute, the attorney also violated his ethical obligations.

That is interesting - and pretty much out-of-step with the ethical rules I am familiar.
Every place I am aware of, including Florida, makes clear that the exemption for either confidentiality or privilege does not apply to the disclosure of any evidence of past crimes (as opposed to imminent crime in the future).

Do you know the case and/or statute? Cause that would be interesting to look at.
 
I know how stupid this sounds. Isn't incest a crime in FL? Wouldn't it be incumbent on the police to investigate it? I would hope so. I understand what the DT is doing. Why are the police backing away from it? If you play music to loud they check it out.. but not incest?
I don't think it should be made public but you have to play the hand you are dealt. I may be just getting old but I think that if they didn't check paternity they would be remiss.

What do you mean the police are backing away from it? No one ever made any such allegation against George until the defense's opening statement, and thus far not one single witness has been presented to support the allegation. What is there to investigate?? The police already know 100% from DNA tests that George certainly was not Caylee's father.

They were talking on TV this afternoon & I could've sworn they said there was a nurse on the jury who has had experience in the smell of human decomposition. Do you think this will help during the deliberation of the jury?

Yes, I do.

According to Dr Drew, Judge Perry was the PA when Vasco Thompson was convicted. Could this present a conflict of interest for Judge Perry? Is this enough for a mistrial?

Thank you kindly in advance for your answer. :)

No. Any "conflict" HHJP would have would be in favor of the defense--he might be more likely than others to believe that VT is a bad guy--so the defense certainly won't bring that up.

but I just read on the blog at WFTV.com this AM that the question arose that possibly some correction may have been given for the smothering that Ms Simms has done to Casey during the trial. Personally I feel she has gone overboard with the "tender touches". This is a grown woman on trial for possibly murdering her own baby. Fake tears and all. Could there be a caution given for such overt smothering for crying? I noticed today that there was a distance between them and no close leaning into each other. Has a caution been given? Or could it be done? Thank you for your answers here.

I believe HHJP said at a sidebar that he was not concerned with it at that point but not to go overboard--paraphrasing.

Hence my Question. WHY did he suspect Lee? I'm basing this on the reason alot of us questioned wither or not Lee or GA might be. Wasn't it all based from rumors from ICA herself? That ICA told one of her boyfriends the groping story. I ask, because leaving it open, insinuates that there were alot of rumors or storys of abuse that are not being told. Instead of just ONE telling, that keeps being repeated. And the person who told it, the Jury have seen mucho evidence that she is aghm... not extally the most truthful person.

Shouldn't the SA made more of an attempt to put this in it's proper context?

No, I don't think they should bring it up any more than they have to. The more you talk about it, the more likely it seems to the jurors that it is true.

I know this a lightweigt question, but I'm curious: When they break for lunch, does ICA go back to her cell and eat alone, or is she allowed to have a "working lunch" with one or more of her attorneys?

I don't think they would have time to return her to the cell and bring her back over lunch.

Does the fact that the bug expert was called on 12/11/08 by the defense before the body was identified mean anything?

No. Everyone knew it was Caylee.

I was reading about alternates in a capital trial in Florida last night, and it sounds like the alternates are dismissed, pending call-back, before the jury is given instructions. Do you know if this is correct? And will they be dismissed at random or will be they be the last four selected for this jury?

The alternates will be dismissed before deliberations, yes. The alternates have already been identified--there is a "sticky" thread somewhere listing them.

Can more than one prosecutor participate in closing arguments? e.g. One start, and another finish?

Thank you all for your assistance in answering our questions.

It is up to HHJP. Most likely, he would not allow them to divide the closing but would allow one to do the closing and one to do the rebuttal to the defense closing.

There was a case several decades ago where an attorney was charged with a crime and an ethical violation for failing to report the location of a dead body to law enforcement. The attorney learned of the location because of what the client told the attorney. The state had a law criminalizing conduct that left a dead body in a state that was not proper disposal like burying, cremation etc. It was a public health, safety and welfare law to dispose of dead bodies. The requirement of the statute was that anyone knowing the location of such a body had a duty to report it to local health authorities. Because there was a violate of a statute, the attorney also violated his ethical obligations.

That is interesting - and pretty much out-of-step with the ethical rules I am familiar.
Every place I am aware of, including Florida, makes clear that the exemption for either confidentiality or privilege does not apply to the disclosure of any evidence of past crimes (as opposed to imminent crime in the future).

Do you know the case and/or statute? Cause that would be interesting to look at.

I have a vague recollection of what Themis mentioned, and I think the compromise was that the attorney was supposed to report the location of the body anonymously or without saying how he knew.
 
Thank you kindly to all the brave dedicated lawyers who put up with our endless questions. You guys and gals are saints!

Thank%2BYou%2BKindly079.jpg
 
That is interesting - and pretty much out-of-step with the ethical rules I am familiar.
Every place I am aware of, including Florida, makes clear that the exemption for either confidentiality or privilege does not apply to the disclosure of any evidence of past crimes (as opposed to imminent crime in the future).

Do you know the case and/or statute? Cause that would be interesting to look at.
You're talking about imminent future crimes exception that originated as the Tarasoff rule. This is something different. AZLawyer may be right that the solution was to report without naming the source of the information but there was still a duty to report. I do not have the case citation handy as my law school ethics class was 34 years ago and the case could be in some archive of some state's bar court opinions; not easily located by free online legal search engines. But, I do remember the case.
 
Thank you kindly to all the brave dedicated lawyers who put up with our endless questions. You guys and gals are saints!

Thank%2BYou%2BKindly079.jpg
This thread is almost entirely handled by AZLawyer and she certainly deserves all of the appreciation from us; including my own thanks.
 
I've been wondering. ICA gets to dress in regular clothing when in court so it does not prejudice the public/jury as she is presumed innocent and should not be presented in jail garb unless and until found guilty.

So the question is at the penalty phase she would have already been found guilty, so is it regular clothing or jail garb?
 
This thread is almost entirely handled by AZLawyer and she certainly deserves all of the appreciation from us; including my own thanks.

Brave, dedicated .....and MODEST, too! :floorlaugh:
 
Baez was able (for some inane reason he pursued this line of questioning) to elicit testimony from Dr. Timothy Huntington, the "forensic entomologist," that the stain in the trunk did not look like decomposition, and that after 2 years of being closed up, the trunk did not smell of decompoistion, but rather smelled of "garbage."

Does this now open the door for Ashton to have that stained trunk liner, as well as opening of the cans which contain portions of the trunk liner and are reportedly stained with the decomposition fluids, to be brought in on rebuttal?
 
I know you are probably asked this constantly but I am worried at the comments now surfacing all over the internet. I never once dreamed Casey could possibly get off on these charges but now I am not so sure....
From what we have seen so far do you think she could really get an acquittal? If it would end that way I would be totally devastated....in my heart I feel she will have gotten away with murdering her own child....justice will not have been served. What are your thoughts on how this might end?
 
There was a tweet from the courtroom-I don't know how reliable it is-stating that two of the jurors put a coat over a monitor. Is this allowable under any condition? Side bar, etc. If the evidence has been up a long time
 
Thank you, AZLawyer. I love both Linda Drane Burdick as well as Jeffery Ashton and know either will have an awesome closing statement. :seeya:
 
I remember a big deal being made (or attempted to be made) about witness sequestration for the Anthonys.

Given that the trial is broadcast on the Internet, how is meaningful sequestration possible? Are potential witnesses officially told not to watch the trial?

ETA: Thanks to AZ and all other lawyers for their expert answers!
 
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