Legal Questions for our Verified Lawyers #4

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If JP think KC is indeed guilty of murder, can he say that to her during the sentencing? Is he legally allowed to give his opinion after the fact?

TIA

Why would he want to? It would make him look unprofessional, IMO.
We don't know what he thinks... he could very well agree with the verdict, for all we know.

AZ and all the other lawyers, I've learned so much from you all. Just wanted to thank you all for your patience.
(And I agree with AZ that the ZG lawsuit has very little to no merit whatsoever. I think the woman just wanted her 15 minutes and possibly some money. And I think her lawyer is a crook. JMO.
 
Some Of The Jurors Have Now Made Various Statements.

So What Was The Minimal Charge They Could Have Found ICA Guilty Of.
Involuntary Manslaughter, Criminally Negligent Homicide, Or Voluntary Manslaughter ?
~ If They Believe Accident ? Or Each Of These Must Be 'Of A Child' ?
Or Was There No Option Of Finding ICA Guilty Of An Accidental Offense ?
Could They Have Found Her Guilty Of A Crime Regarding The Death Of Her Daughter
In Which ICA Potentially Could Have Been Sentenced To Very Little Time ? { Say 5 Years Or Less }

Is There Any Way She Can Now Be Charged With Any Offenses That Were
Not Listed In The Original Indictment ? But That The Jury Did Not Have The Opportunity
To Find ICA Guilty On ?

Was There Any Charge That They Could Deliberate On And Find Her Guilty Of If They Did Not Believe That She Alone Caused The Death Of Her Daughter ? I Am Thinking Of The Lesser Includeds Here ~ I Just Dont Know What They Are. Did They Really Have A Full Range Of Options Available To Them ~ It Seems They Really Felt This Was Accidental. In The Indictment I Know The Child Abuse Charge Is Aggravated ~ No Chance For Accident With That One. ~ Hope This Makes Sense.
 
Hi AZLawyer, would you please comment on the following quote and is Baez going to get into hot water with the Judicial Body that approves expenses when Baez was apparently being frivolous with their funds on investigative costs for investigating people who apparently did not need to be investigated?

Bumping this because all the TH's AND JA said the state was going after ICA for special investigative services. JB shot her in the foot when he claimed Caylee was NEVER missing. Also, LDB filed a motion today to do just that.
 
Is there some kind of charge that could have or should have been brought about disposing of a body? I really don't know the law about this but even if it were an accident (which I don't believe) is it even legal to dump a body?

Suppose my husband were diagnosed with congestive heart failure and it was documented by his doctors, and he came home from the hospital and died in his sleep at home with me. If I decided to hide his body in the backyard and not report his death, wouldn't that be a crime even though I didn't cause the death?

Wouldn't disposing of little Caylee's remains be a criminal act?
 
I just want to thank AZLawyer for her dedication to WS and they Caylee Anthony forum.... and for helping us understand the legal system ♥
 
Although this happened after the verdict was read and during the disgusting celebration of the Defense team..Can Cheney Mason get in trouble for giving the finger to the media??
 
I haven't read to the end of this thread so I don't know if anyone has asked. I know she'll probably get out on Thursday, due to time served on her lying to the police charges. I know if JP goes overboard and sentences her to serve her time consecutively, she could probably appeal and win.

But....any chance the judge could sentence her to a year or two of probation on top of her time served? I wonder if she could adhere to some of the standard rules, like no alcohol in the house, random urine tests, etc.

Yes, he could do that, and I think she will start her probation on the check charges when she's released anyway.

Has a "verdict" of not guilty, ever been overturned, in a Capital Murder case? If the Jury was improperly instructed, or failed to be adequately instructed, to understand fully the high standard of "reasonable doubt"?

ETA What about Jury Tampering? Has that ever been proven and is it grounds to overturn a verdict?

I also don't think Mr. Mason should have been allowed to take so much time explaining what "reasonable doubt" is. He is not the Judge. I heard Judge Alex Feraire say tonight, that he also, didn't agree, that Baez should have been allowed to yell at the jurors about all the resonable doubt, what it is, and what they should do.

Thanks to All....

No, a jury verdict of not guilty cannot be appealed or overturned. Also, there was nothing wrong with the jury instructions that I could see.

There is zero evidence of jury tampering. None at all. Jury tampering by the defendant defense team might be grounds to declare the entire proceeding void. But that Will. Not. Happen.

I see nothing wrong with talking about reasonable doubt in a closing statement. I think Mason's chart won the case for the DT.

Can GA and CA still have ICA charged with stealing from them, and can they sue her to recover stolen monies? (Assuming they could overcome their codependency and/or get sufficiently outraged if she is swanning around flush with cash while they live twilit lives of poverty and sorrow.) Can SP still press charges? Or is there a statute of limitations that would prevent this?
If they did, and she was guilty of further felony fraud/theft charges, would she go to prison again?

CA, GA, and SP can't make anyone charge her, because they are not prosecutors. The statutes of limitation for both criminal and civil actions have probably passed in any event. They can still make police reports if they want to, but if the deadlines have passed to prosecute there is not much point.

Only read back a few pages....Humor me...Obstruction of Justice/Impeding Investigation?

We're tenacious little buggers, aren't we??? LOL

Thanks...I'm betting the answer is a resounding NO!!

I just don't think the State will be interested in investigating all the little things the A family might or might not have done at this point.

At the time the trial was scheduled for the CHECK FRAUD, it was discussed that the timing of this trial (before murder trial) was very advantageous to the State since Casey would then be a Convicted Felon by the time this trial started.

So I keep hearing a possibility of 4 years for the guilty verdicts she did receive yesterday, but will the fact that she was a Convicted Felon at the time she was convicted yesterday affect her sentencing?



Did I make sense? I am still foggy headed and wondering if yesterday really happened? :waitasec:

I think those felonies would change the minimum but not the maximum.

Hi AZLawyer, would you please comment on the following quote and is Baez going to get into hot water with the Judicial Body that approves expenses when Baez was apparently being frivolous with their funds on investigative costs for investigating people who apparently did not need to be investigated?

No, the SA motion is about the costs of investigating Casey's lies to LE. Frankly, I don't think the State spent that much money or time figuring out that Casey's story was a lie.

Hi, was wondering if Cheney Mason could get reprimanded by the Florida Bar and/or JBP for his little "gesture" to the media yesterday?

Although this happened after the verdict was read and during the disgusting celebration of the Defense team..Can Cheney Mason get in trouble for giving the finger to the media??

Yes.

Could Casey have confessed to an accident, provided a detailed deposition, evidence perhaps, before the murder 1 trial?

Yes. But she had no obligation to do so.

Hoping you can answer for me: if her "time served" was applied to her check fraud charges, can those days served also be used for the lying-to-LE conviction? In other words, can she use that time twice, for two separate sets of crimes, even though the crimes were not related?

Or, could the lying-to-LE time run consecutive to the check fraud sentence?

HHJP could do it either way.

Lawyers, something just hit me and I have to ask should this arise.

What happens when ICA is released and she tells her parents that she wants Caylee's Ashes?

If CA refuses to give them to her, will she have any type of legal recourse?

I would hope that she never gets them as they might end up right back in the woods. Sry. TIA

They are hers IMO. If she gave them any rights, I am sure she can get those rights back.

If I recall, during the pre-trial phase the court ruled that the video of KC viewing the televised finding of Caylee's remains would be sealed and could not be used during the trial. I cannot recall the reason but presume it was deemed prejudicial in some way.
Could that video be released now? Could the news media, always happy to go after hidden stuff, file a motion to have that unsealed now?

The media can file a motion and I hope they do.

If JP think KC is indeed guilty of murder, can he say that to her during the sentencing? Is he legally allowed to give his opinion after the fact?

TIA

He may be "legally allowed" to do so, but it would be unprofessional and would unnecessarily suggest bias regarding the sentencing for the lying to LE counts.

I wanted to ask a question ( and excuse me if it has already been answered )but as Cindy was suppose to have gotten an exclusive Legal " trademark to the name of Caylee Marie Anthony and or phrase of Justice for Caylee. Now that the Trial is over, can there be any Law suits against anyone that uses the name or phrase? Do we need to start using other words to talk about this case in the future?

She didn't get a trademark IMO. I haven't seen it anyway, and it would have been an error for anyone to grant a trademark to her. What I think she did was to use a Florida statute to threaten others (on Casey's behalf) to quit using Caylee's name for commercial (money-making) purposes.

And who owns the pictures/videos of Caylee that are still at the Anthony house or in CA's possession somewhere? Who would get to make money from them--KC or CA?

Whoever took the photos/videos owns them.

Some Of The Jurors Have Now Made Various Statements.

So What Was The Minimal Charge They Could Have Found ICA Guilty Of.
Involuntary Manslaughter, Criminally Negligent Homicide, Or Voluntary Manslaughter ?
~ If They Believe Accident ? Or Each Of These Must Be 'Of A Child' ?
Or Was There No Option Of Finding ICA Guilty Of An Accidental Offense ?
Could They Have Found Her Guilty Of A Crime Regarding The Death Of Her Daughter
In Which ICA Potentially Could Have Been Sentenced To Very Little Time ? { Say 5 Years Or Less }

Is There Any Way She Can Now Be Charged With Any Offenses That Were
Not Listed In The Original Indictment ? But That The Jury Did Not Have The Opportunity
To Find ICA Guilty On ?

Was There Any Charge That They Could Deliberate On And Find Her Guilty Of If They Did Not Believe That She Alone Caused The Death Of Her Daughter ? I Am Thinking Of The Lesser Includeds Here ~ I Just Dont Know What They Are. Did They Really Have A Full Range Of Options Available To Them ~ It Seems They Really Felt This Was Accidental. In The Indictment I Know The Child Abuse Charge Is Aggravated ~ No Chance For Accident With That One. ~ Hope This Makes Sense.

They could have found her guilty of manslaughter, which would be consistent with an "accident" that was nevertheless Casey's fault. The process of calculating the minimum sentence in Florida is quite complicated and depends upon the specific characteristics of the crime and the defendant, but the minimum for manslaughter for Casey would probably be somewhere in the 5-7 year range.

She cannot be charged with any new charges relating to Caylee's death.

Is there some kind of charge that could have or should have been brought about disposing of a body? I really don't know the law about this but even if it were an accident (which I don't believe) is it even legal to dump a body?

Suppose my husband were diagnosed with congestive heart failure and it was documented by his doctors, and he came home from the hospital and died in his sleep at home with me. If I decided to hide his body in the backyard and not report his death, wouldn't that be a crime even though I didn't cause the death?

Wouldn't disposing of little Caylee's remains be a criminal act?

I haven't found any Florida statute on this yet.
 
Okay juror #2 has spoken up and says they were split 6-6 on the agg manslaughter count. He says those that were against it felt they couldn't prove who Caylee's caretaker was. Are they saying since Cindy and George provided everything since Casey was a freeloader that she wasn't responsible for anything? Does this sound as crazy to you as it does to me?

"You couldn't say who did it. To me, that's why it was aggravated manslaughter of a child."
• • •
That was the next charge the jury could have found 25-year-old Casey Anthony guilty of. It carries a sentence of up to 15 years in prison. Juror No. 2 believed the mother was guilty of "culpable negligence" as required of that charge. He wasn't alone.
But more importantly to the jurors who opposed the manslaughter charge, no one could say who was Caylee's caretaker — the mother or the grandparents — when the child actually died.

If it was murder, who did it? If she died accidentally, then who was the child's caretaker?


But Juror No. 2 didn't buy that.


"The six that voted guilty said it didn't matter at what point in time she came home and found out her daughter was missing," he said. "She had to report it in some way, shape or form, and that's where the negligence came in."
http://www.tampabay.com/news/courts/anthony-juror-evidence-wasnt-there/1179177
 
Okay juror #2 has spoken up and says they were split 6-6 on the agg manslaughter count. He says those that were against it felt they couldn't prove who Caylee's caretaker was. Are they saying since Cindy and George provided everything since Casey was a freeloader that she wasn't responsible for anything? Does this sound as crazy to you as it does to me?


http://www.tampabay.com/news/courts/anthony-juror-evidence-wasnt-there/1179177

Perhaps they thought she could have left Caylee in the care of CA and GA that day? Obviously if Casey was home and hadn't requested that someone else watch Caylee, though, it wouldn't make sense.
 
Perhaps they thought she could have left Caylee in the care of CA and GA that day? Obviously if Casey was home and hadn't requested that someone else watch Caylee, though, it wouldn't make sense.
Hmm yeah maybe they were thinking along those lines since he said it doesn't matter what point she came home. Maybe they thought she went out and left her with her parents.
 
Thank You So Much Az Lawyer. My Final Question. {s}
Regarding The Privacy Agreement That Leonard Padilla & His Crew Signed Between ICA & THE FIRM http://www.wftv.com/pdf/20089919/detail.html
Is It Binding ? If Not Then Why Were None Of Those Who Spent The 9 Days In The Home Called To Testify ? If It Is Binding Is Anyone Breaking The Privacy Agreement ?
 
Thank You So Much Az Lawyer. My Final Question. {s}
Regarding The Privacy Agreement That Leonard Padilla & His Crew Signed Before Judge Strickland Between ICA & THE FIRM http://www.wftv.com/pdf/20089919/detail.html
Is It Binding ? If Not Then Why Were None Of Those Who Spent The 9 Days In The Home Called To Testify ? If It Is Binding Is Anyone Breaking The Privacy Agreement ?

No it is not binding if anyone is called to testify under subpoena. Perhaps they were not called because they had little or nothing to say and Padilla, in particular, would be completely not credible as a witness.
 
My personal fact-checker uklaw :) has pointed out that I discussed the Florida statute regarding improper disposal of a body for purposes of covering up an accident (to restate it in layperson's terms) within the last day or so. So apparently my brain was fried when I said I hadn't found a statute like that.

It's just a misdemeanor, though, and IMO it is too late to charge Casey (or George) for it.
 
I don't know if this has been answered, but I saw it posted on FB. Can one of the jurors step up within 48 hours and say they felt pressured into their decision?

I am thinking the answer is no, but thought I'd ask anyway. Someone mentioned within "48 hours" so I thought there was some truth to that.

Thanks
 
I don't know if this has been answered, but I saw it posted on FB. Can one of the jurors step up within 48 hours and say they felt pressured into their decision?

I am thinking the answer is no, but thought I'd ask anyway. Someone mentioned within "48 hours" so I thought there was some truth to that.

Thanks

Nope. :)
 
I Just Wanted To Say Thank You.
For Taking Your Time And Using Your Expertise To Answer Our { Sometimes }
Redundant Questions. You Truly Understand That These Concerns
Come Out Of Genuine Love And At This Point Disbelief At How This Has Seemed
To Turn Out ~ Even Though Caylee's Life Is Over, There Is So Much More To Tell And Learn.
Your Patience, Wisdom And Kindness Is Truly Appreciated.
Sometimes Those Who Practice Law Get A Bad Wrap ~
And You Know What ~ The Reason You Have Chosen Your Profession SHINES Through
In This Thread. Justice, Families, Children, Everything Important To Everyone With A Heart, A Soul, Is What You Fight For Every Day. Thank You.
 
First I want to say :gthanks: :tyou:
Thank you :gthanks: :tyou:
Thank you :gthanks: :tyou:
Thank you! :blowkiss:


Here is my last attempt..what if someone would come forward and admit to the killing or accident of Caylee's murder, and Casey taking part..could the case be reopened then? Can the person who came forward be given immunity and could Casey be charged with accessory? The reason I ask is because it seems that this one alternate juror keeps saying that they didn't believe George...well maybe if George took the stand and said OK yeah there was a huge fight at the house and it was Cindy, Casey, and Lee. Cindy, Caylee, and Casey were in the pool having a huge fight, I walked in during all the screaming and we noticed Caylee was floating in the pool Lee and I disposed of the body?
Could LE re-open the case then? Seems the jury would buy that instead of the real facts they were given that they didn't even bother to look at. IMO, they only listen to the defense. Sorry, still very raw over this verdict of not guilty.


Oh, one more sorry. If the jury did not take the time out to go through all the evidence from both sides can that not be considered being predujiced? How can they come to verdict if they didn't take the time to go through the states evidence?
There just has to be a way to re-open this case. What can the citizens of Florida do? They paid for Casey's defense and there was no justice here...

OK, I am done...sorry...
:help::
 
I'm not sure if this has been asked but.

Could there be any charges on a Federal level. For instance she used the routing number off her grandparents account to steal money from them.

Thanks!
 
I know most of you are appalled by the jury's decision, as am I, but this was never a slam-dunk case. I blame Officer Cain for not finding Caylee in August 2008 when there would have been more forensic evidence and the duct tape might have been more obviously in place.

OCSO did not search or examine the small body of water in the woods which was only 1125 feet away from the Anthony house. Caylee was right there. This seems to have been overlooked as a source of blame.

There is no certainty that the item(s) that Kronk brought to Cain's attention actually was Caylee's remains. There is some possible evidence/argument that they were in the wrong place on August 13th (see Kronk Connection thread) when Cain blew Kronk off.

Regardless, OCSO should have inspected that water and found Caylee. She was apparently just plopped there.

Is this something like misconduct or error by the Sheriff's Department? There are possible lawsuits flying everywhere now. In your opinion, is there any basis, or purpose, for anyone to sue OCSO for not looking in that water?
 

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