Legal Questions for our VERIFIED Lawyers #3

[Linda7NJ]

I have a question...does anyone have exactly which sticker pictures the jury has? Do they have the old taddered red glittery one stuck to what looks like a remnant of duct tape....where was that found? I am pretty sure they have a picture of sticker sheet found in the anthony home. Do they have the envelope pics with heart stickers? Caylee w/ heart photobucket pics?

Which ones do they have?

 

[BlOnDe_GuRrL]

Does anyone know what will happen with Caylee's death certificate if there's an acquittal?

Can the Anthony's petition the court to have the manner & cause of death changed from "homicide by undetermined means" changed to "accidental" or "accidental drowning"?
Does a Dr. G's opinion trump what can not be proved in court (homicide)?

An acquittal doesn't necessary change the fact that Caylee's death was probably a homicide... just means Casey got away with it.. But will the courts see it as the same?

Thank you!

 

[Linda7NJ]

In closeing can the SA talk about the obvious flaws in the DT's case?

Like....Does anyone believe Casey would sit in prison for 3 years if this were an accident? The entire time lying to everyone and playing clock & dagger games with everyone while they were despately trying to find her daughter? That George would agree to cover for Casey to only set her up to look like a murderer and Casey covered for him?

 

[AZlawyer]

Could you please explain what"rebuttal" is and when it occurs? The State finishes their Case in Chief, then the Defense gives their Case in Chief, then the State can call witnesses that did not testify in their Case in Chief at this point if they rebut something in the Defense's case? Also, does the Defense then get to do rebuttal? When does it end?

Thanks so much for all you experts do to help us little people to understand.

BBM...yep, you have it right. Ordinarily there would be no additional rebuttal by the Defense, but the judge has some leeway to allow it if it seems appropriate.

question: Bill Shaefer said that the State will run a rebuttal case knowing what the defense is about to throw at the wall (why they pared down their CIC)..

1) do you concur with Bill S?
2) do you think it is smart?
3) do you think it will be successful?
4) can expert witnesses be called as rebuttal witnesses? (for example can they not call their ping expert in their CIC but call them as a rebuttal witness if the defense tries to say Casey, for example, was in a certain area when her pings show she was not, etc. Same for the plant expert (use in rebuttal)

thanks in advance for any insight

(1) yes

(2) yes

(3) yes

(4) yes

Someone very close to me wanted me to ask this question: (I am almost embarrassed to even ask)

If the DT feels that the SA has not proven its case beyond a reasonable doubt, can the DT simply rest? I fully expect the DT to ask for a dismissal when the SA rests, but this question was posed in a ...well, let's just call it a debate, not an argument! LOL and TIA!

The defense will ask for a directed verdict in Casey's favor, and probably a mistrial, HHJP will deny the motion(s) , and then the defense will present its case. The defense would have the option of resting at that point, but that, IMO, is not going to happen in this case.

I have a question...does anyone have exactly which sticker pictures the jury has? Do they have the old taddered red glittery one stuck to what looks like a remnant of duct tape....where was that found? I am pretty sure they have a picture of sticker sheet found in the anthony home. Do they have the envelope pics with heart stickers? Caylee w/ heart photobucket pics?

Which ones do they have?

I have no idea at this point. I don't think the puffy glittery one from the remains scene would be allowed into evidence, as it was stuck to a piece of cardboard (therefore not ever stuck to the duct tape), was the wrong size anyway, and did not match any of the stickers from the Anthony home.

Hopefully the jury will be (or has been) shown the sheet of stickers from the A home that are the right size and shape to match what EF saw, as well as the backing from a missing sticker from that sheet that was carefully cut out with fancy scissors and found on top of various mementos in a box in Casey's closet marked "Caylee Marie."

 

[AZlawyer]

Does anyone know what will happen with Caylee's death certificate if there's an acquittal?

Can the Anthony's petition the court to have the manner & cause of death changed from "homicide by undetermined means" changed to "accidental" or "accidental drowning"?
Does a Dr. G's opinion trump what can not be proved in court (homicide)?

An acquittal doesn't necessary change the fact that Caylee's death was probably a homicide... just means Casey got away with it.. But will the courts see it as the same?

Thank you!

Nothing will happen with the death certificate. For purposes of a death certificate, the manner of death does not have to be proved beyond a reasonable doubt.

In closeing can the SA talk about the obvious flaws in the DT's case?

Like....Does anyone believe Casey would sit in prison for 3 years if this were an accident? The entire time lying to everyone and playing clock & dagger games with everyone while they were despately trying to find her daughter? That George would agree to cover for Casey to only set her up to look like a murderer and Casey covered for him?

They can certainly talk about the flaws. They can't directly mention Casey being in jail this whole time.

 

[MissJames]

He would not be in any trouble at all, but he is not pleading the 5th. He answered the question on the stand already.



I'm sure Kat will chime in as well, but I didn't want your question to get lost in the thread. It looks like criminal proceedings are completely exempt from this statute--but Judge Strickland entered an order that no photos of the remains could be released, and AFAIK his order is still in effect.



Yes, it should come in under the exclusion for impeaching a witness who is testifying at trial (assuming RK testifies).



I think the evidence of premeditation is the weakest evidence in the case. Technically, even the duct tape is consistent with an accidental death followed by a quick (and slightly insane) cover-up. The chloroform might be enough to get a murder conviction, though.

If the jury thought the death was caused by aggravated child ABUSE (like chloroforming your baby), even if the death was not on purpose she will likely be convicted of felony murder.

Aggravated MANSLAUGHTER of a child is different from aggravated child ABUSE. Aggravated manslaughter of a child is what the jury will pick if they decide that Caylee's death was Casey's fault somehow, but not because of abuse. This crime does not trigger the felony murder option.

So ,placing 3 strips of duct tape on Caylee would not be considered abuse in this case?

 

[AZlawyer]

So ,placing 3 strips of duct tape on Caylee would not be considered abuse in this case?

If the jury believes that the tape was placed before death and blocked Caylee's airways, there will be no need to consider whether there was child abuse--they will go straight for 1st degree premeditated murder.

My point is that the evidence re: the duct tape is not airtight.

ETA: "airtight" might not have been the best word choice under the circumstances, sorry.

 

[Cailin Rua]

How do you believe the evidence presented by the State in this case compares to what was presented by the State of CA against Scott Peterson?

 

[nursebeeme]

Question: during rebuttal can the SA enter evidence as well (example: diary of days, more pictures, etc)?

 

[manorlady]

If the trial ends in a hung jury and goes to trial again, can the state put on an expanded prosecution with more evidence than was given in the first trial?

 

[bookworm474]

He would not be in any trouble at all, but he is not pleading the 5th. He answered the question on the stand already.



I'm sure Kat will chime in as well, but I didn't want your question to get lost in the thread. It looks like criminal proceedings are completely exempt from this statute--but Judge Strickland entered an order that no photos of the remains could be released, and AFAIK his order is still in effect.



Yes, it should come in under the exclusion for impeaching a witness who is testifying at trial (assuming RK testifies).



I think the evidence of premeditation is the weakest evidence in the case. Technically, even the duct tape is consistent with an accidental death followed by a quick (and slightly insane) cover-up. The chloroform might be enough to get a murder conviction, though.

If the jury thought the death was caused by aggravated child ABUSE (like chloroforming your baby), even if the death was not on purpose she will likely be convicted of felony murder.

Aggravated MANSLAUGHTER of a child is different from aggravated child ABUSE. Aggravated manslaughter of a child is what the jury will pick if they decide that Caylee's death was Casey's fault somehow, but not because of abuse. This crime does not trigger the felony murder option.

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Premeditation

If the tape was placed on Caylee to imply the fantasy of kidnapping in Casey's mind, could that be the premeditation of a kidnapping gone bad so that Casey could reap the benefits in the media by being a grieving mother
and somehow get money also. Baring in mind it is in the mind of Casey, but the taping would show that there was an intent premeditated to determine an outcome for herself.

tks

 

[wonders]

I am way behind as puter broke down, please forgive me if this question has been asked and answered.

Do you think it's a mistake on the states side not to call Roy Kronk to the stand before the defense? Also do you expect the phone pings to come in?

Thank you.

 

[AZlawyer]

Question: during rebuttal can the SA enter evidence as well (example: diary of days, more pictures, etc)?

Yes, if the evidence rebuts something introduced by the defense.

If the trial ends in a hung jury and goes to trial again, can the state put on an expanded prosecution with more evidence than was given in the first trial?

Yes. The state does not have to put on the same identical presentation the second time around.

------------

Premeditation

If the tape was placed on Caylee to imply the fantasy of kidnapping in Casey's mind, could that be the premeditation of a kidnapping gone bad so that Casey could reap the benefits in the media by being a grieving mother
and somehow get money also. Baring in mind it is in the mind of Casey, but the taping would show that there was an intent premeditated to determine an outcome for herself.

tks

If the jury finds that the duct tape was placed prior to death, there would be obvious premeditation. There is no way to rip off and apply 3 pieces of tape and wait for suffocation to occur without having time to think about it. There would be no need for the state to prove that Casey thought about it before that time came, or wanted to make it look like a kidnapping.

If the jury finds that the duct tape was placed after death, even if it was placed there purposely to look like a kidnapping and to make Casey famous, it wouldn't help to prove premeditation at all.

I am way behind as puter broke down, please forgive me if this question has been asked and answered.

Do you think it's a mistake on the states side not to call Roy Kronk to the stand before the defense? Also do you expect the phone pings to come in?

Thank you.

No. There is nothing that RK can say to help the State.

I don't expect the phone pings to come in, because the defense is not going to argue that Casey was out of town--they admit all those stories were lies. So what can the phone pings prove?

 

[tragco]

Please, can you tell me how the verdict is read?

I seem to recall a trial conclusion where they went through all the things the person was accused of. Do they begin at the bottom of the list with the lesser charges? If so, once they come to "aggravated manslaughter" if they say guilty does this mean the jury has decided on that but not the murder? Or do they continue to read?

Hope this makes sense. I am wanting to get a perfectly clear understanding of how this part will go before I watch it.

 

[RSDhoping for a cure]

I just read that the defense has filed 06/13/2011 Motion for Certificate of Out of State Witness
06/13/2011 Certificate of Summons for Material Witnesses

Indicate Anthonys defense wants to call multiple scientists from the Body Farm.

My questions are, how can the DT do this if the SAO hasn'at had a chance to depose these witnesses? is this normal for a DT to wait until the SAO presents their case to the jury before deciding how they will handle the defense?

 

[reeseeva]

Can the Jury ask for testimony from the trial to read what different witnesses have said? Also, are they allowed to review pictures, and other evidence, during deliberations?

Thanks....

 

[Nikki 01]

Leonard Padilla is on JVM and trying to say George will get on the stand for the defense and will fall on the sword for Casey even though he has already denied everything. Padilla has no credibility and I don't believe this will happen, but my question is can the defense even ask him questions about molestation and finding Caylee's body since it has already been asked and answered in the state's case?

 

[ZsaZsa]

Regarding the case of Florida vs Huck- if the Supreme court has already decided that ' There is no logical or reasonable purpose for taping a persons eyes and mouth shut after death' - why can this principle not be applied to Caylee's case? They seem to rely on previous decisions, precedents, to guide their decision making,so why will this not apply? Or, will it?
If JB/CM raise the theory that she taped her after death can the SA bring this ruling up?

 

[Starbucks]

I have been wondering, obviously the defense wants to put RC on the stand to try and prove an affair, etc.

Can the SA object due to relavance. RC has absolutely nothing to due with the case, and anything she was told seems to be heresay.

Can the DT get her testimony in somehow??

 

[azscr4mbl3r]

They seem to have "committed" to wrapping up in a half day tomorrow. Who do they call an how do they tie it all together? I get the bug guy did a real good job showing she wasn't in the trunk then she was and then she wasn't... I don't see the plant dude adding much. The latent print lady saying there were no prints didn't really fill in any holes. It has to be something like buying acetone at HD. At a minimum they have to show ICA had possession of her car.. Sorry don't mean to be so narrative but seems to me all the talking heads and folks here all have the same question. when and how will they focus on those few days?