Legal Questions for our Verified Lawyers #4

[AZlawyer]

Can Casey fire her DT @ this point and get a mistrial...Or would she have to continue with an appointed team?

IMO HHJP would not allow a change of the defense team at this point without an EXTREMELY good reason, and I can't think of one.

So if ICA insists on testifying (but her DT is against it) is she allowed to testify against their wishes/advice?

Yes.

 

[TUSK]

why doesn't the state drop the capital murder charge.
its been nothing but a headache for them since day one.
plus even if they win ,its likely to get overturned.
the state has turned an easy murder case into a cause celeb.

 

[rhornsby]

RHornsby, very specific question for you when you get here again: Your anecdote about your client who got the jailhouse forehead tattoo was hard to understand due to tech issues. Can you please give us a short synopsis of what you were talking about and how it relates to the Caylee case?

Client I had was charged with Attempted Murder and Robbery (Orlando Sentinel Article).

When I first met him in jail he had TOOKIE tattooed across his entire forehead. He was a career guy and didn't have the best case, except for fact identifying witness never ID'd my guy or mentioned a tattoo.

When preparing case, I essentially told client I would use failure to notice tattoo as mis-identification defense. Client never said to me one way or other her had tattoo before or after arrest.

During trial we coincidentally made tactical decision that I would not give opening statement and co-defendant's attorney would. Lucky.

When eye witness was called, she looked right at client and said you think I would forget that tattoo, etc.

I turn to client and say if ever time to testify against co-def, it is now. Client says I got this, shows me jailhouse ID that shows when booked he had no tattoo. I get investigator to get booking photo, no tattoo, client testified, jury returns verdict of not guilty.

How it relates to case, we were talking about do defenses ever develop during trial because clients don't tell you whole truth. I said yes, because some clients intentionally hold back so they can decide what to tell you when it is necessary.

 

[NoeticSoul]

I may be the only one.. but

It's really been bothering me that ICA always seems to be texting in her lap ~ many times at the same time Cindy seems to be. Is this normal or allowed? And if not, why hasn't anyone in the courtroom noticed or said anything?

Also, why is Cindy Anthony allowed to sit in court and write and write and write? It all seems so terribly wrong to me that she be able to PRE-prepare for her ̶l̶i̶e̶s testimony on the fly, while she listens to witness testimony.

*Thank you kindly for taking your valuable time to answer our questions. I really appreciate reading each lawyer's answers and have learned so much reading this thread.

 

[passionflower]

ICA hit JB in front of everyone but the jury! and made her angry wolf face with teeth
showing.......I wish I had a still photo shot of it.
Can/should she be repremanded? Use shackles now?
Can judge warn her of her actions in front of jury?

 

[gamom]

Can the pysc. who examined KC this weekend be called to the stand to verify her sexual abuse? I am assuming she told them that over the weekend.

 

[beachbumming]

Can the pysc. who examined KC this weekend be called to the stand to verify her sexual abuse? I am assuming she told them that over the weekend.

I see that testimony such as that coming in during the penalty phase if there is one.

 

[Peachy Keen]

During the state's rebuttal a/o closing arguments, can the SA play the jailhouse phone calls & videos for the jury again to remind them of Casey's initial behavior after Caylee was reported missing? What about the party photos?

Do you anticipate that the DT will put on a surrebuttal?

Does Cindy have a cell phone in the courtroom? I thought cell phones weren't allowed.

 

[Bobbarita]

I the State going to re-visit the issue of CA's whereabouts during the chloroform searches on 3/17 and prove by emails, records, witnesses, etc. that she was at work or is that just going to be left hanging?

 

[SoCalSleuth]

why doesn't the state drop the capital murder charge.
its been nothing but a headache for them since day one.
plus even if they win ,its likely to get overturned.
the state has turned an easy murder case into a cause celeb.

The SA represents the people of the State of Florida which has the death penalty if certain circumstances are found. The SA found those circumstances to exist. I don't see how it's been a headache for them from day one, and I don't understand why you think if convicted and condemned to death it will be overturned?

I may be the only one.. but

It's really been bothering me that ICA always seems to be texting in her lap ~ many times at the same time Cindy seems to be. Is this normal or allowed? And if not, why hasn't anyone in the courtroom noticed or said anything?

Also, why is Cindy Anthony allowed to sit in court and write and write and write? It all seems so terribly wrong to me that she be able to PRE-prepare for her ̶l̶i̶e̶s testimony on the fly, while she listens to witness testimony.

*Thank you kindly for taking your valuable time to answer our questions. I really appreciate reading each lawyer's answers and have learned so much reading this thread.

You can have a cell phone it just has to be turned off. All the media are texting from the courtroom as well. CA can write if she wants to as long as in doing so she doesn't disrupt the proceedings.

ICA hit JB in front of everyone but the jury! and made her angry wolf face with teeth
showing.......I wish I had a still photo shot of it.
Can/should she be repremanded? Use shackles now?
Can judge warn her of her actions in front of jury?

I did not see KC hit JB, although I did see the scary angry face. Either way, I believe her actions toward the DT is what led them to question her competency. If she hit JB and the judge saw it or it was reported to him, yes he could reprimand her--however, she would not be shackled. Unless she made an outburst in front of the jury, the judge would not mention it in front of the jury.

Can the pysc. who examined KC this weekend be called to the stand to verify her sexual abuse? I am assuming she told them that over the weekend.

I don't think so because the evaluations conducted over the weekend were limited in scope to determining her competency, the Doctors were asked to answer specific questions concerning that legal issue; and the sex abuse doesn't play into that specific inquiry.

During the state's rebuttal a/o closing arguments, can the SA play the jailhouse phone calls & videos for the jury again to remind them of Casey's initial behavior after Caylee was reported missing? What about the party photos?

Do you anticipate that the DT will put on a surrebuttal?

Does Cindy have a cell phone in the courtroom? I thought cell phones weren't allowed.

The SA will not be allowed to play the jailhouse calls and videos or show the party photos in rebuttal although they will use all of the above during closing arguments. The DT will only be allowed a surrebuttal if there is something brought out in the rebuttal that permits it, so hard to anticipate one way or the other. Re cell phone: see prior post.

I the State going to re-visit the issue of CA's whereabouts during the chloroform searches on 3/17 and prove by emails, records, witnesses, etc. that she was at work or is that just going to be left hanging?

Oh yeah, they will go there.

 

[marleysmom]

I get that the DT can't stop her from testifying, but can they limit the questions they ask her to one question that would not hurt her case, say no further questions, and then leave nothing for cross?

 

[SoCalSleuth]

I get that the DT can't stop her from testifying, but can they limit the questions they ask her to one question that would not hurt her case, say no further questions, and then leave nothing for cross?

Only in the movies!

 

[Cabin girl]

Does the Jury know that the delay Saturday was so ICA could be evaluated or does HHJP simply tell them what the public knew at that time; that there is a delay due to a legal issue?

 

[marleysmom]

Only in the movies!

So how far into questioning do they have to go? Even if they advise against testifying aren't they still supposed to protect her case? It seems they have called other witnesses and asked a question or two and that's it. Trust me, I'd love to see her get up there and get destroyed on cross, but just wondering what the possibilities are.

 

[Justin Tyme]

My question is, if a witness is impeached is all their testimony null and void or is it just the subject that they were impeached on? Thank you.

 

[SoCalSleuth]

This is in response to Marleysmom: Once KC takes the stand, it would be nearly impossible, if not impossible, to "protect her case."--That's why they call it the right against "self-incrimination"! I can't think of one question the DT could ask that would "protect her case." Did you kill Caylee? Did Caylee drown? Did your dad sexually abuse you? Did you cholorform Caylee? Were you afraid to tell your mom Caylee drowned? Did you love Caylee? All of these questions woud open up the door for the Ashton Express, so to speak. Once she takes the stand she puts her credibility at issue. That would permit the SA to bring in her prior felony convictions, all of her lies, all of the jailhouse videos, telephone calls, letters, all of the media videos showing her parading around with a "Caylee is missing" tshirt, her press conferences with her attorney blasting LE for not looking for a live Caylee, etc. If she takes the stand, this trial could last through July!!

 

[lowens1975]

Defense calls GA. Rut Roh!

 

[SoCalSleuth]

My question is, if a witness is impeached is all their testimony null and void or is it just the subject that they were impeached on? Thank you.

Neither. Impeachment simply means you are questioning the credibilty of the witness via showing bias, a prior inconsistent statement on the issue, etc. The testimony still stands, it's up to the jury to weigh the witnesses' credibility.

 

[Peachy Keen]

I thought that the first 12 jurors made up the panel, and the last ones chosen were the alternates. However, I have read in some MSM articles that none of the jurors know who the 12 are nor who the alternates are. Could you please clarify which is true? If they do choose the panel of 12, is it done by lottery?

 

[SoCalSleuth]

I thought that the first 12 jurors made up the panel, and the last ones chosen were the alternates. However, I have read in some MSM articles that none of the jurors know who the 12 are nor who the alternates are. Could you please clarify which is true? If they do choose the panel of 12, is it done by lottery?

The Judge and lawyers know who is on the panel and who are the alternates, it's just that the jury doesn't know who is on the panel and who is an alternate.