Legal Questions for our Verified Lawyers #4

[DJW]

Question:

Florida law states that the prosecution cannot make a statement in closing argument that would be "fairly susceptible" of being viewed as referring to the defendant's failure to testify. I'm wondering if, in light of that, the following statement would be allowed in closing:

"Mr. Baez, in his opening, promised that you would hear evidence of an incident of forced oral sex between Casey and George, that occurred when Casey was 13 years old. But no such evidence was presented."

 

[BuzzieCat]

If Casey is convicted, it's my understanding she will get a court-appointed lawyer for appeals (not JB or any of the others)? Will she be able to have a team, or will it just be one lawyer at that point?

 

[Leah0107]

Thanks for the earlier response. Being that I am obviously having a hard time understanding the statutes, can you please tell me what the penalty is for 2nd degree murder.

 

[AZlawyer]

Question:

Florida law states that the prosecution cannot make a statement in closing argument that would be "fairly susceptible" of being viewed as referring to the defendant's failure to testify. I'm wondering if, in light of that, the following statement would be allowed in closing:

"Mr. Baez, in his opening, promised that you would hear evidence of an incident of forced oral sex between Casey and George, that occurred when Casey was 13 years old. But no such evidence was presented."

I think that would be OK.

If Casey is convicted, it's my understanding she will get a court-appointed lawyer for appeals (not JB or any of the others)? Will she be able to have a team, or will it just be one lawyer at that point?

I think in Florida she would normally get 2 lawyers appointed.

Thanks for the earlier response. Being that I am obviously having a hard time understanding the statutes, can you please tell me what the penalty is for 2nd degree murder.

Could be up to LWOP.

 

[RedSoxFan]

Would you be so kind as to list all the charges against ICA and the possible sentences for each?

(or direct me to the post with the information)

Thank you so much!

 

[rbrnmw2]

Do you think Jose Baez will be brought before the bar after the penalty phase for his conduct during this trial?

 

[Nova24]

I would bet money JB wants to be a pundit on a tv show after this. His lawyering skills aren't up to par.

How long can the jury deliberate each day? Will the judge cut them off and make them rest after they work a standard day? If yes, I guess they wouldn't begin deliberations until Monday morning as they are set to be in court all day tomorrow. I'd be chomping at the bit. lol

 

[Dr.Fessel]

Any idea what he is talking about here?

MarkNeJame Mark NeJame
There is a universal mistake concerning #caseyanthony charges. My team has been researching & no felony/murder charged. Only count 1 is DP.


MarkNeJame Mark NeJame
County 2, aggravated child abuse, did not allege felony murder. Max is 30 years. @vinnypolitan @richardhornsby @issueswithjvm #caseyanthony


MarkNeJame Mark NeJame
All presumed felony murder.I looked at indictment & had it researched w 2 partners today. Everyone is wrong. No felony murder. #caseyanthony

 

[beach]

Would you be so kind as to list all the charges against ICA and the possible sentences for each?

(or direct me to the post with the information)

Thank you so much!

Here is the indictment.

I'm going to let the attorneys answer the part of your question re: possible sentences.

 

[sleutherer]

Perhaps more clarity here?

Hope this is ok here as we will want to discuss this.

Here are the tweets I just got:

MarkNeJame Mark NeJame


There is a universal mistake concerning #caseyanthony charges. My team has been researching & no felony/murder charged. Only count 1 is DP.


MarkNeJame Mark NeJame


County 2, aggravated child abuse, did not allege felony murder. Max is 30 years.

Only County 1 is the death penalty. Counts 2 & 3 are 1st degree felony/ 30 yr. max each.


MarkNeJame Mark NeJame

All presumed felony murder.I looked at indictment & had it researched w 2 partners today. Everyone is wrong. No felony

MarkNeJame Mark NeJame

Premeditation must be proven. Aggravated child abuse will not be enough for life imprisonment.

MarkNeJame Mark NeJame


Explanation: Count 1 is 1st degree. Requires premeditation. Penalty is Life or Death Penalty

MarkNeJame Mark NeJame


Explanation: Count 1 First Degree Homicide. Requires premeditation. Penalty is life in prison or death penalty.

MarkNeJame Mark NeJame


Count 2 is Aggravated Child Abuse. No felony murder allegation. Hence a 1st degree felony punishable by max of 30 years.



MarkNeJame Mark NeJame


Count 2 is Aggravated Child Abuse. No allegation of Felony Murder. Hence a 1st degree felony punishable by a max of 30 yrs.

MarkNeJame Mark NeJame


Count 3 is aggravated manslaughter. Another 1st degree felony w a max penalty of 30 yrs

So if he doesn't get LWOP when could she get out if she gets 30 yrs!!!!

 

[pinkfly]

Is this incorrect in light of new twits

http://www.orlandosentinel.com/news...-possible-outcomes-062411,0,7769737.htmlstory

Thanks

 

[Nova24]

When the verdict is in will the order be 1st, 2nd, Man, Agg Man, Agg Child Abuse, and then the additional 4 counts of lying?

 

[who knew?]

As for the computer searches Cindy lied about - before she took credit for the searches, I felt that who did the searches was not a certainty and could indicate reasonable doubt. Once she testified, and then was proven to have perjured herself, I believe it actually pointed straight to Casey as being the "searcher". In your opinion, does this make premeditation more likely in the jurors' minds?

 

[AZlawyer]

Would you be so kind as to list all the charges against ICA and the possible sentences for each?

(or direct me to the post with the information)

Thank you so much!

Is this incorrect in light of new twits

http://www.orlandosentinel.com/news...-possible-outcomes-062411,0,7769737.htmlstory

Thanks

Any idea what he is talking about here?

MarkNeJame Mark NeJame
There is a universal mistake concerning #caseyanthony charges. My team has been researching & no felony/murder charged. Only count 1 is DP.


MarkNeJame Mark NeJame
County 2, aggravated child abuse, did not allege felony murder. Max is 30 years. @vinnypolitan @richardhornsby @issueswithjvm #caseyanthony


MarkNeJame Mark NeJame
All presumed felony murder.I looked at indictment & had it researched w 2 partners today. Everyone is wrong. No felony murder. #caseyanthony

1st Degree Murder--death or LWOP
(lesser included offenses include second degree--up to LWOP--and manslaughter--up to 15 years)

Felony Murder--death or LWOP
Not included in indictment but IMO Mark NeJame is wrong about it not being included in the jury instructions, unless the law has changed from 2 years ago when all the WS lawyers researched this. At that time, at least, the rule was that if the indictment included 1st degree murder and a felony listed in the felony murder statute, felony murder could be given as a jury instruction.

Aggravated Child Abuse--up to 15 years

Aggravated Manslaughter of a child--up to 30 years

Lying to Law Enforcement seeking a missing person (4 counts)--up to 1 year each

The Orlando Sentinel chart is pretty accurate except that there is no way IMO that all these sentences could be stacked consecutively. Possibly the lying to LE charges could be, so she could get, e.g., 30 years for agg. manslaughter plus 4 for lying to LE.

Do you think Jose Baez will be brought before the bar after the penalty phase for his conduct during this trial?

Yes.

I would bet money JB wants to be a pundit on a tv show after this. His lawyering skills aren't up to par.

How long can the jury deliberate each day? Will the judge cut them off and make them rest after they work a standard day? If yes, I guess they wouldn't begin deliberations until Monday morning as they are set to be in court all day tomorrow. I'd be chomping at the bit. lol

He will likely give the jury some leeway about how long they want to work every day on deliberations.

When the verdict is in will the order be 1st, 2nd, Man, Agg Man, Agg Child Abuse, and then the additional 4 counts of lying?

Should be from most serious to least serious charges.

As for the computer searches Cindy lied about - before she took credit for the searches, I felt that who did the searches was not a certainty and could indicate reasonable doubt. Once she testified, and then was proven to have perjured herself, I believe it actually pointed straight to Casey as being the "searcher". In your opinion, does this make premeditation more likely in the jurors' minds?

Yes.

 

[Justin Tyme]

This question has probably been asked before. When CA, GA and LA get on the witness stand are they paid for each appearance from the DT or the SA. Since they all have witnessed for the SA as well as the DT are they being paid double? How much do they get paid? Thank you.

 

[Justin Tyme]

I'm wondering what the judge would do, if during CA, GA and LA's impact statement one or all of them start throwing out things like, she didn't kill her, she drowned, I know, I was there...or something that JB wanted brought in, that wasn't allowed and they used this time to throw it out there. Would he halt their statements?

 

[AZlawyer]

1st Degree Murder--death or LWOP
(lesser included offenses include second degree--up to LWOP--and manslaughter--up to 15 years)

Felony Murder--death or LWOP
Not included in indictment but IMO Mark NeJame is wrong about it not being included in the jury instructions, unless the law has changed from 2 years ago when all the WS lawyers researched this. At that time, at least, the rule was that if the indictment included 1st degree murder and a felony listed in the felony murder statute, felony murder could be given as a jury instruction.

Aggravated Child Abuse--up to 15 years

Aggravated Manslaughter of a child--up to 30 years

Lying to Law Enforcement seeking a missing person (4 counts)--up to 1 year each

uklaw pointed out that agg. child abuse is up to 30 years, not 15--thanks! I was relying on the Sentinel's chart despite the fact that I had already found 2 mistakes in that chart before, only 1 of which was fixed. :banghead:

This question has probably been asked before. When CA, GA and LA get on the witness stand are they paid for each appearance from the DT or the SA. Since they all have witnessed for the SA as well as the DT are they being paid double? How much do they get paid? Thank you.

They are not paid. Only expert witnesses are paid.

I'm wondering what the judge would do, if during CA, GA and LA's impact statement one or all of them start throwing out things like, she didn't kill her, she drowned, I know, I was there...or something that JB wanted brought in, that wasn't allowed and they used this time to throw it out there. Would he halt their statements?

Yes, HHJP would stop them before they could get very far and give instructions to the jury about whatever they heard.

 

[wallflower67]

If she somehow gets off on all these charges, except for the lying to police, can the state refile the child neglect charges? Or failure to report a death? And how much time could she get for those things?

 

[21merc7]

Silly question, but JB said KC was being painted as a sl*t, then just said it straight out later that KC is a sl*t. That word, or any close to it, have not been uttered in Court before. What kind of problem does this create, if any?

 

[Themis]

If she somehow gets off on all these charges, except for the lying to police, can the state refile the child neglect charges? Or failure to report a death? And how much time could she get for those things?

If there is an acquittal on everything the case is over. There won't be a subsequent trial. If there is a mistrial, the state may refile on the charges where the statute of limitations has not run.