Legal Questions for our VERIFIED Lawyers #3

[AZlawyer]

Well, the prosecution goes first. The DT will have a pretty good handled on where they stand by then. If its not looking good at all for ICA - then yea, I could see her causing a mistrial and have to start all over - after all it is about saving her life and a mistrial would keep her comfy cozy in her nice lil cell where she's at.

I don't know if you know this but I have to ask a question because it is the "question thread". :crazy:

Will the gallery / audience get to see all the evidence exhibits? For example, the autopsy photos - will those only be broadcast on the flat screens in the jury box and not a large screen for the room?

That's a really good question. We have some of those "e-courtrooms" in Maricopa County and there are large screens near the sides of the room where the gallery can see what is on the jurors screens, but the judge also has the ability to turn selected screens off for selected exhibits. I assume that the autopsy photos are supposed to remain as private as possible under that Earnhardt law, even during trial, so an easy way to accomplish that would be to turn off any big screens in the room.

 

[spyhouston]

Do you know if the elements of each charge have been made public? We heard so much about proving each element during jury selection, I am hoping to read those.

 

[galerie]

Whether LWOP or the death penalty, there will be appeals. Is Baez still her lawyer for the appeals, or can be be done with the trial. Will she get a public defender for the appeal process

 

[steadychick]

I'm sorry - I don't mean to be dense, but does that mean that we have all the evidence there is to have? If the SA has it and they turned it over to the DT, then it became public and we at WS are aware of it? Thank you!

The Prosecution has never released a transcript of it's investigative interview with Dominic Casey, yet he is still on the witness list. Does this mean we have heard all there is to hear from Dominic, or is there still a chance there might be "new" information from him on the stand?

 

[enelram]

What if George and Cindy come to testify in a drug induced state and try to
squirm and deny that they can remember crucial information. They have been known to do stranger things.

 

[AZlawyer]

Do you know if the elements of each charge have been made public? We heard so much about proving each element during jury selection, I am hoping to read those.

The elements of each charge are in the statutes. If you look at the indictment, there are statute numbers given for each charge.

Whether LWOP or the death penalty, there will be appeals. Is Baez still her lawyer for the appeals, or can be be done with the trial. Will she get a public defender for the appeal process

Normally in death penalty cases there is a different lawyer for appeal. She will likely get a lawyer appointed to her, yes.

The Prosecution has never released a transcript of it's investigative interview with Dominic Casey, yet he is still on the witness list. Does this mean we have heard all there is to hear from Dominic, or is there still a chance there might be "new" information from him on the stand?

The SA may not have recorded its interview with Dominic Casey. There could be "new" information at trial in the sense that witnesses can say things we haven't heard before. HHJP ordered that expert witness testimony must be disclosed in reports or depositions, but there is no rule that the specific testimony of "regular" witnesses must be disclosed. If the defense team wanted to know what DC was going to say, they could have taken his deposition. Maybe they did--I haven't looked at that long list of depositions filed with the court clerk.

What if George and Cindy come to testify in a drug induced state and try to
squirm and deny that they can remember crucial information. They have been known to do stranger things.

Their testimony is coming in one way or another. They can give it voluntarily, or it can be dragged out of them using all their previous statements. There would really be no point in doing this and I don't believe their attorney will encourage such shenanigans.

 

[SoCalSleuth]

Do you know if the elements of each charge have been made public? We heard so much about proving each element during jury selection, I am hoping to read those.

http://www.floridasupremecourt.org/jury_instructions/instructions.shtml The elements of each charge are set forth in the jury instructions the court will read to the jury.

Whether LWOP or the death penalty, there will be appeals. Is Baez still her lawyer for the appeals, or can be be done with the trial. Will she get a public defender for the appeal process

JB will not be her appellate attorney. She will get a free appellate attorney.

The Prosecution has never released a transcript of it's investigative interview with Dominic Casey, yet he is still on the witness list. Does this mean we have heard all there is to hear from Dominic, or is there still a chance there might be "new" information from him on the stand?

If they haven't given it to the defense then they can't use it. If they did give it to the defense and just didn't release it, they can use it. I believe he was also deposed.

What if George and Cindy come to testify in a drug induced state and try to
squirm and deny that they can remember crucial information. They have been known to do stranger things.

The SA can try to refresh their recollection with their prior statements, the SA can impeach them with their prior statements, and the jury will be instructed as to factors to consider when weighing a witnesses' credibility.

 

[ynotdivein]

Don't forget that tonight at 8 p.m. Eastern, we have the first airing of WEBSLEUTHS RADIO, with special guests Kimster and AZLawyer!

Instructions to listen online are at the top of the forum, and members can submit questions in real time by clicking the "Chat" button in the blue bar at the top of this page!

 

[uklaw]

Hi All.

Assuming that ICA is able to get acquitted of First Degree Murder, but instead gets convicted of, for example:

1. Second Degree Murder + Aggravated Child Abuse.
2. Aggravated Manslaughter + ACA + Lying to LEO x 3
3. Or something other than FDM

What would be her minimum permissable sentence under FL's Criminal Punishment Code. Am I also right in thinking that Floridian law would mean that the judge will most likely run any such sentences concurrent to one another?

Thanks.

 

[AZlawyer]

Hi All.

Assuming that ICA is able to get acquitted of First Degree Murder, but instead gets convicted of, for example:

1. Second Degree Murder + Aggravated Child Abuse.
2. Aggravated Manslaughter + ACA + Lying to LEO x 3
3. Or something other than FDM

What would be her minimum permissable sentence under FL's Criminal Punishment Code. Am I also right in thinking that Floridian law would mean that the judge will most likely run any such sentences concurrent to one another?

Thanks.

Minimum sentences in Florida depend on a "point system." I believe Casey's felony convictions will increase the number of points and thereby increase her minimum sentence, but I'll have to take a look at that issue some more.

As far as maximum sentences, there are a number of possibilities based on the charges listed in the indictment as well as the lesser-included charges to each of those charges. IMO she will not get consecutive sentences on anything relating to Caylee's death. That is one act. So most likely, her maximum sentence unless she is convicted of FDM or felony-murder would be 30 years plus perhaps 1 year added on consecutively for providing false information.

BTW, because Casey has now been in jail for so long and the maximum penalty for the false information charges is so low (1 year--and probably concurrently rather than consecutively), there is really no downside to admitting those charges. She's already served the time.

 

[wonders]

Hi AZlawyer


Is there any tactic that Baez and team could try to pull to delay the trial on Tuesday?
I have worried about this all weekend.

 

[uklaw]

Minimum sentences in Florida depend on a "point system." I believe Casey's felony convictions will increase the number of points and thereby increase her minimum sentence, but I'll have to take a look at that issue some more.

As far as maximum sentences, there are a number of possibilities based on the charges listed in the indictment as well as the lesser-included charges to each of those charges. IMO she will not get consecutive sentences on anything relating to Caylee's death. That is one act. So most likely, her maximum sentence unless she is convicted of FDM or felony-murder would be 30 years plus perhaps 1 year added on consecutively for providing false information.

BTW, because Casey has now been in jail for so long and the maximum penalty for the false information charges is so low (1 year--and probably concurrently rather than consecutively), there is really no downside to admitting those charges. She's already served the time.

Thanks for your answer.

Thats what I thought: 44 points or more and it's mandatory jail time (loved that she scored 43.6 for the check fraud case). Anything more than that and you subtract 24 points and multiply by 0.75 to arrive at min term in months. All this is subject to the discretion to depart from the minimum term if good reason exists.

What I was more asking was do you know how many point ICA would score on these charges or where we could find a copy of the Criminal Punishment Code (I couldn't find a copy )

 

[AZlawyer]

Hi All.

Assuming that ICA is able to get acquitted of First Degree Murder, but instead gets convicted of, for example:

1. Second Degree Murder + Aggravated Child Abuse.
2. Aggravated Manslaughter + ACA + Lying to LEO x 3
3. Or something other than FDM

What would be her minimum permissable sentence under FL's Criminal Punishment Code. Am I also right in thinking that Floridian law would mean that the judge will most likely run any such sentences concurrent to one another?

Thanks.

Minimum sentences in Florida depend on a "point system." I believe Casey's felony convictions will increase the number of points and thereby increase her minimum sentence, but I'll have to take a look at that issue some more.

As far as maximum sentences, there are a number of possibilities based on the charges listed in the indictment as well as the lesser-included charges to each of those charges. IMO she will not get consecutive sentences on anything relating to Caylee's death. That is one act. So most likely, her maximum sentence unless she is convicted of FDM or felony-murder would be 30 years plus perhaps 1 year added on consecutively for providing false information.

BTW, because Casey has now been in jail for so long and the maximum penalty for the false information charges is so low (1 year--and probably concurrently rather than consecutively), there is really no downside to admitting those charges. She's already served the time.

OK, I took a look at the "point system," and here's an example. Suppose Casey is convicted for aggravated manslaughter of a child (based on culpable negligence--i.e., an "accident" that was Casey's fault). The maximum sentence would be 30 years. The minimum sentence would be (I think!! ):

116 points for a "Level 10" felony
plus 120 points for causing death to the victim
plus I think ZERO points for the Amy-related felonies because they were not COMMITTED prior to whatever Casey did to Caylee

236 subtotal
minus 28 (no special reason that's just the way they do it)

208 new subtotal
times 75%

156 new subtotal is minimum number of MONTHS in prison

so 156 months = 13 years.

So the prison term for aggravated manslaughter of a child in this case should be 13-30 years.

Here's the manual if you guys want to do the math yourself. I must admit I have not read every page!

http://www.dc.state.fl.us/pub/sen_cpcm/cpc_manual.pdf

 

[AZlawyer]

Hi AZlawyer


Is there any tactic that Baez and team could try to pull to delay the trial on Tuesday?
I have worried about this all weekend.

Plane crash with entire defense team on board? Casey slips into a catatonic state? Yes, there are always things that can screw up a trial date. I was just about to start trial myself and it was just postponed for reasons that are nowhere near that dramatic. But in this case I think HHJP really really wants to get started!

 

[mydailyopinions]

I apologize if this question has been asked already!

Can Casey choose to have Judge Perry decide her sentence without having a jury sit through the penalty phase?

 

[okiedokietoo]

Minimum sentences in Florida depend on a "point system." I believe Casey's felony convictions will increase the number of points and thereby increase her minimum sentence, but I'll have to take a look at that issue some more.

As far as maximum sentences, there are a number of possibilities based on the charges listed in the indictment as well as the lesser-included charges to each of those charges. IMO she will not get consecutive sentences on anything relating to Caylee's death. That is one act. So most likely, her maximum sentence unless she is convicted of FDM or felony-murder would be 30 years plus perhaps 1 year added on consecutively for providing false information.

BTW, because Casey has now been in jail for so long and the maximum penalty for the false information charges is so low (1 year--and probably concurrently rather than consecutively), there is really no downside to admitting those charges. She's already served the time.

Is that 30 years and out in a third time served - 10 years? Or can HJBP make it 30 flat?

 

[AZlawyer]

I apologize if this question has been asked already!

Can Casey choose to have Judge Perry decide her sentence without having a jury sit through the penalty phase?

Yes, but I think she would rather take her chances with a jury.

Is that 30 years and out in a third time served - 10 years? Or can HJBP make it 30 flat?

IIRC Florida's rule is that the inmate has to serve at least 85% of the sentence.

 

[Just Jayla]

I am awful at formulating these questions, so yet another warning that this may make no sense at all-
Tricia mentioned something tonight about letter-of-the-law proof of premeditation by KC. If this scenario occurs:

LDB asks Lee if he told Jesse that a fight happened. Lee answers in the affirmative. LDB follows up by asking Lee if what he told JG was truthful to his knowledge, or if Lee meant to mislead JG. Lee answers that it is truthful to his knowledge (now this gets tricky due to hearsay). While Lee may not be able to say his knows it to be true because CA told him it was true, he can say that he was telling the truth as he knew it (correct?). The jury can then determine, IMO easily, that Lee was telling the truth as he knew it and if CA denies a fight, she is probably lying to protect KC.

Long story short, if a fight is somehow established absent CA's confession, will that be weighty enough for the jury to use that as a piece of the premeditation puzzle? Any legal suggestion as to how they can get a fight in there, if a fight happened, minus CA's admission?

 

[Marina2]

Can jury nullification be grounds for appeal?

 

[crucibelle]

Question about out-of-state witnesses called for ICA's trial: Are they reimbursed for transportation costs and accommodation (if needed) costs? If not, what would happen if one of them could not afford to travel to Florida? What if someone is a no-show? Will they be held in contempt of court?