Motion to Take Deposition to Perpetuate Testimony of Jill Kerley

[Bobbisangel]

To us, this defense ploy seems shoddy, but they have to play what very few cards they have. For them, a deposition seems at lot safer than live cross-examination. Trying to get some passing link to duct tape seems to be the best that they can hope for. It's not much and without some contemporary police record, it seems suspect, but defense lawyers always hope that it will start a groundswell of speculation in the jury-room.

If the defense does a depo on that woman won't the Pros have to go do one too before the trial? If this woman gets away with just being on tape then the Pros will want to have questioned her the same as they would do in court.

 

[LambChop]

I guess I see duct taping your wifes wrist as horrific. Didn't realize it was so common. Gosh I hope not. I do not believe it will be a feather, but I do agree with the scale thing. There is a mountain of circumstantial evidence against Rk and I posted it in the Rk thread. And yes, I agree it has to be reasonable. They will prolly looking for a way to tie Rk to Kc through a 3rd party of some sort. The depositions may help them to do that. Moo

Maybe RK duct taped his wife's hands to keep her from writing bad checks. Obviously it did not work. JMO

 

[kaRN]

Well unless she's actually on her deathbed, there's no reason why she couldn't be in the courtroom for cross-examination. That's how our system of justice works! MOO

An H1N1 pandemic and compromised immune system due to cancer are reasons enough for her to stay home. Don't make me eat you panthera LOL! :croc:

 

[LambChop]

RK's arrest had nothing to do with JK. This was when he was younger and he tried to help a friend get away from her boyfriend and the boyfriend called it in as a kidnapping. He was not charged with a crime because there was no crime. The girl left with RK willingly to get away from the boyfriend.

There were no charges or complaints again RK from JK apparently, as none has surfaced. RK willingly came forward and disclosed the incident from his youth to the media so there would be no misunderstandings. He was a licenced bounty hunter I doubt he has a criminal past. JK apparently has issues and a criminal record.

My sister-in-law had leukemia, stage 3.5 and the last thing she would have thought about doing is writing a bad check. The July 09 arrest I do not believe is JK's first offense. So I am sure RK left the marriage for a very good reason.

Have you ever seen a woman so bitter? Now look at RK's body language. Does he look angry, bitter, violent? The depo should be interesting but I doubt if we will see it in court as she is just not credible. JMO

 

[LambChop]

If the defense does a depo on that woman won't the Pros have to go do one too before the trial? If this woman gets away with just being on tape then the Pros will want to have questioned her the same as they would do in court.

I would think the SA's office will do a depo at the same time. Maybe pretty much as they would in court. Defense witness, cross by SA. Experts, what say you?

 

[sleutherontheside]

An H1N1 pandemic and compromised immune system due to cancer are reasons enough for her to stay home. Don't make me eat you panthera LOL! :croc:

I think many people don't realize that chemotherapy renders the immune system almost non-existant. Exposure to normal surroundings in your own home can even put you at risk. My mother was hospitalized several times due to complications from a chemo suppressed immune system. THanks for making that point kaRN.

 

[LambChop]

I agree with the Judge to just get this matter cleared up, but I think that deposing Jk under oath is going to open a whole new can of worms. They were only married 4 months and that speaks for itself. There may be police records of domestic disputes. This is the first link in the daisy chain of depositions to follow imo. Lets depose Jk, Lets depose both Sparks, lets depose the ex girlfriends daughter, lets depose the ex girlfriend that was allegedly kidnapped, lets depose his current girlfriend, then lets bring Rk back to do the other half of his deposition. As always Moo

I would imagine if there was an arrest record for RK involving JK AL's PI would have found it. To me the video is too choppy. Stop and go almost as if the testimony was coached. If you are throwing out theories maybe the abuse was the other way around. Taping another's hands may have been to prevent them from hitting you. Just a theory but it makes about as much sense as anything else that is being thrown around here. It's just that in that video JK did not come off as a credible witness. And remember this statement was just from one side. Wait until she is questioned by SA. Don't be surprised if she backs out. If I were that sick the last thing I would be doing is sitting for a deposition, unless I wanted to punish someone. Sort of "If I'm going down, I'm taken you with me."

As far as the other ex's, under oath has a whole new meaning than just talking with a PI. Plus I did not see anything in their statements that put up "Red Flags". JMO

 

[marspiter]

For starters when it comes to RK and the defense casting reasonable doubt. Well the main problem I see is right there before the word doubt......"reasonable". For RK to have access to the home and grab certain things from the home. Have access to the car and for Casey to identify him as a small Hispanic women who would rate as a "10". That and does RK drive a silver ford focus or anything similar?

There is no info really out there about this arrest that I know of. Do we have a 911 call made by JK about this incident? If there is and someone has a link please correct me. So I would question if he was arrested for this incident, or any of the other incidents he is accused of. The only thing I know of on RK is his kidnapping charge that was expunged. Once again if someone has the info please feel free.

Also a little thing about arrests. When I was in college I was hanging out at our local watering hole when two frat guys from opposing frats got into an argument. Of course being drunk and having to much testosterone in the air a fight broke out. Everyone in the general area of the fight was arrested. I had to ride to the sheriffs office in cuffs and once I got there and everyones stories were straightened out I was released. As the bouncer put it. Him and his friend were just enjoying a beer when all hell broke loose next to them and these two were just trying to get to the door. So to me just being arrested is pretty much a non issue if he was released with no charges brought. I would certainly hate for someone to assume I'm violent and have a history of assaultive behavior because of that arrest. That and with domestics like this incident with Rk I would imagine the police (if they were called) would have asked one of the parties to leave for the evening unless there was signs of physical violence. At which point RK would have been taken to the magistrates office and charged. However there is no evidence of any of this happening and I think there is a reason why. I also think there is a very compelling reason why the defense doesn't want JK in court to be cross examined.

A flimsy story by a disgruntled ex who has previous convictions for crimes of dishonesty...well I'll say the Chupacabra is once again a more likely reasonable explanation.

 

[AnotherGladysKravitz]

I guess I see duct taping your wifes wrist as horrific. Didn't realize it was so common. Gosh I hope not. I do not believe it will be a feather, but I do agree with the scale thing. There is a mountain of circumstantial evidence against Rk and I posted it in the Rk thread. And yes, I agree it has to be reasonable. They will prolly looking for a way to tie Rk to Kc through a 3rd party of some sort. The depositions may help them to do that. Moo

I'm curious as to exactly how, RK - a smallish guy, overpowered his ex - a not so smallish woman, and duct taped her hands without her consent? Seriously, now. It doesn't take a rocket surgeon to see the woman is batchit crazy insane.

No offense to the batchit crazy insane, of course.

I admire your tenacity, notthatsmart, but ah.....no.

 

[kaRN]

RK's arrest had nothing to do with JK. This was when he was younger and he tried to help a friend get away from her boyfriend and the boyfriend called it in as a kidnapping. He was not charged with a crime because there was no crime. The girl left with RK willingly to get away from the boyfriend.

There were no charges or complaints again RK from JK apparently, as none has surfaced. RK willingly came forward and disclosed the incident from his youth to the media so there would be no misunderstandings. He was a licenced bounty hunter I doubt he has a criminal past. JK apparently has issues and a criminal record.

My sister-in-law had leukemia, stage 3.5 and the last thing she would have thought about doing is writing a bad check. The July 09 arrest I do not believe is JK's first offense. So I am sure RK left the marriage for a very good reason.

Have you ever seen a woman so bitter? Now look at RK's body language. Does he look angry, bitter, violent? The depo should be interesting but I doubt if we will see it in court as she is just not credible. JMO

Thanks for the information and ITA with your observations.
I'm willing to give the bitter sounding ex a pass, for now.
People facing life threatening disease and their own mortality are grieving and this is a normal response.

I watch the interview JK did with the PI and armed with the knowledge she is facing a potentially terminal illness, see a woman raging inside. I believe the rage generated by a diagnosis of non-Hodgkins Lymphoma, which JK can't control, was directed at another target, she though she could. Someone maybe who gave her an outlet for her anger in the past, like her ex-husband from so long ago, it was the last millenium. If he reacted, then she could and the rage would have an outlet ad infinitum.
My bet is JK is in another stage of the grieving process now and punishing RK isn't foremost in her mind. She may even regret the original interview.

http://http://changingminds.org/disciplines/change_management/kubler_ross/kubler_ross.htm

 

[Cat13067]

Thanks for the information and ITA with your observations.
I'm willing to give the bitter sounding ex a pass, for now.
People facing life threatening disease and their own mortality are grieving and this is a normal response.

I watch the interview JK did with the PI and armed with the knowledge she is facing a potentially terminal illness, see a woman raging inside. I believe the rage generated by a diagnosis of non-Hodgkins Lymphoma, which JK can't control, was directed at another target, she though she could. Someone maybe who gave her an outlet for her anger in the past, like her ex-husband from so long ago, it was the last millenium. If he reacted, then she could and the rage would have an outlet ad infinitum.
My bet is JK is in another stage of the grieving process now and punishing RK isn't foremost in her mind. She may even regret the original interview.

http://http://changingminds.org/disciplines/change_management/kubler_ross/kubler_ross.htm

I feel sorry for this woman. Going through cancer makes you very angry. Sounds like JK is directing her anger at RK. In the end most people try to make amends with their maker-which is what I pray happens with JK.

 

[MyTinkieGirl]

Also....IIRC, this supposed "duct tape event" happened quite a long time ago....in between then and now, no other reports of ANYTHING of the sort done by RK...as far as I know.

When this "supposed" act took place, was the SAME TYPE of duct tape, which was found over Caylee's mouth/the gas can/the posters, even PRODUCED at that time??? (I'm thinking, IIRC, JK made a comment about RK saying it was some sort of "super duper" (my words) duct tape he was using??)

And...IMO....the quantum leap from SUPPOSEDLY duct taping a womans hands years ago to the act of duct taping a baby girls mouth and then causing her murder...IMO, it's quite the "assumption" that the defense seemingly thinks this will create "REASONABLE" doubt in the jurors minds....hope the defense knows what happens when one "assumes"....:loser:

All IMO.

 

[Cat13067]

I would think the SA's office will do a depo at the same time. Maybe pretty much as they would in court. Defense witness, cross by SA. Experts, what say you?

From what I read in the Orlando Sentenial the SA gets to depo JK first.

 

[notthatsmart]

I'm curious as to exactly how, RK - a smallish guy, overpowered his ex - a not so smallish woman, and duct taped her hands without her consent? Seriously, now. It doesn't take a rocket surgeon to see the woman is batchit crazy insane.

No offense to the batchit crazy insane, of course.

I admire your tenacity, notthatsmart, but ah.....no.

I respectfully disagree. I found her to be credible. I also find Rk to be obese not small. I have no idea what size she was when they were married. Moo

 

[LambChop]

From what I read in the Orlando Sentenial the SA gets to depo JK first.

Could that be because defense has already interviewed her? What happens if RK refuses to talk to SA?

 

[cecybeans]

Personally, I feel this was the sleaziest tactic the defense engaged in. And JB can pass it off as his own idea, but I doubt it - he hasn't done much of anything of substance the past year - this came out when AL and her sidekick came into the picture.

It was sleazy because they didn't interview this woman under oath and submit it as discovery, which would have allowed the state to respond and verify it as true or to investigate it on their own before it was displayed to the public through the media. This "interview" was heavily edited and attached to a motion - like some sneaky barnacle of an addendum to a bill in government - so that it could circumvent the normal procedure of the Sunshine Law in FL and pretty much go directly to the media and thereby influence the public. Anyone who knows anything about manipulating the media is aware that if an audience sees a picture of something it doesn't matter how many times it is retracted later, the first visual impression stays with the audience as truth.

To have completely bypassed normal procedure and slapped lipstick on this slanderous pig of an "interview" and palmed off her allegations as evidence to the general public (which may not understand the distinction between a youtube-y type video and an actual sworn statement) is not just unethical, it should be criminal.

To add insult to injury, the defense then delayed as long as possible in making the state aware of this woman's contact information, so they had little chance of following up until she might be too ill to be correctly deposed.

I hope this whole thing backfires on them. If JK is unable to give a proper deposition due to illness, or if her treatment interferes with her ability - then the entire thing can be thrown out as inadmissible. If not, then she can appear and let the state verify the validity of her claims. Making a very ill woman your star witness and delaying her access to the opposition is just junk lawyering, imo.

However, even if things go well for this woman, and I hope she comes through her treatment - I have trouble thinking her testimony will be all that credible. She has her own sketchy history and past which I'm sure will mitigate any story she feels she needs to tell.

One thing we know is, many many people can substantiate the lies and criminal acts of KC - including but not limited to a family that never reported them. If all that stands against RK's reputation is a disgruntled ex and her daughter, I don't think it will stick.

Frankly, as hinky as people find the whole RK story, I think the fact that RK's family did a 180 on their initial reactions to him (some on paper) after he found Caylee's remains and suddenly popped up as defense witnesses, is just as bizarre, if not more so. It smacks of outside influence if you ask me.

 

[kaRN]

I think many people don't realize that chemotherapy renders the immune system almost non-existant. Exposure to normal surroundings in your own home can even put you at risk. My mother was hospitalized several times due to complications from a chemo suppressed immune system. THanks for making that point kaRN.

I'm sorry your Mom had to endure that and hope she's strong and well now sleutherontheside. :blowkiss:
I was shocked as the lawyers discussed working with JK's lawyer on a deposition schedule between chemo treatments. I believe SS is a wordly man experienced in such things, even if JB isn't which is why he's giving them free reign to talk with her lawyer. Had JK had no lawyer representing her, I think SS would have set them straight in court yesterday, and said NO until you have direct evidence and even then, only if she has medical clearance to do so.
People should also know how quickly things can change too, as you know. Feeling wonderful can be followed by a sudden onset of fever or worse that doesn't readily accomodate a discovery schedule set up by a lawyer 2 weeks ago.
If she was the eye witness to Caylee's murder that's one thing but I don't thing SS will ever compel JK to do anything. In the medical system the benefits have to outweigh the risks and this is a no-brainer IMHO.

Unless JK is compelled for whatever reason in her heart to testify. I support her in that too....begrudgingly.... :angel:......if I have to lol!

 

[logicalgirl]

I absolutely agree with everything you've said CecyBeans, and want to add one thing to all of the above.

I think when Al came on the scene, she said to Jose - what do you mean you don't have anyone for your witness list? Mort - get down here and dig up some dirt.

Then came the deadline for Feb 1st witness list from the list and they sat around and said oh heck, what can we come up with to stall for a bit? Hey, what about Kronk's ex? Didn't she say duct tape and Kronk in the same sentence? There must be something there we can use to stall the court for at least a couple of weeks, because without it we have NOTHING. We're going to submit a blank page.

 

[marspiter]

Other then the not under oath seriously edited "depo" video on youtube. Is there anything else that can verify JK's story? Such as an arrest record, police reports, 911 calls, eyewitnesses, or anything of that nature for the incidents in question?

 

[sleutherontheside]

Cecy............




Sneaky Barnacle.....makes me think of Spongebob........question is.......would JB be Patrick?????? Duh ohhhhhhh ummmmmmmm

I think AL would be Mr. Krabs.......out for money........

All in all.....their defense stinks like a chum bucket.

For those of you with no knowledge of Spongebob....I apologize for the cryptic humor.