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I too would strongly examine the bench trial option. If an examination of the trial Judge's prior rulings in other cases pointed to their being objective versus being but an extension of the D.A.s office, I would ask the Judge to read a finding of facts into the trial record before reading the verdict. Though if the trial Judge were objective, I doubt that prosecutors would agree to a bench trial.

(Why would they want to waste a well poisoned jury?)

Having worked for two DA's offices during my time in law school...I got to say that you and both agree about a bench trial. The reason I feel this way...is because I knew a lot of the Judges very well...and while the process is not perfect on either side (Judges make mistakes as well)...it would be the way to go.

I think the SA's office in this case would agree to that. As far as I know, in Texas, because it is the defendent's life on the line...they have first choice.

I don't think that a poisoned jury will be a factor in this case though...well they might be a factor...but I feel that it would work in favor of the defendent/KC. So much has come out via information about this case that the jury may be expecting a smoking gun a big time smoking gun...and if one is not presented...because the DP is on the table...there is room a jury to find for Reasonable Doubt.

A Judge though...may not arrive at the same conclusion. Which is dicey.

But I still say if my life were on the line, and the Judge was fair...I would prefer a bench trial. But that is just me. Naturally, in this scenario, I would be innocent...and thus confident in the ability to be found not guilty. :angel:
 
No one from LE issues any statement with these documents in order to 'Prejudice' the public, we all take them at face value and make our own appraisal as to what they mean. Thankfully most people are able to make a common sense assessment of the facts-documents and photos, and the glaring abnormalities in the behavior of the only suspect.
 
BBM

That's a good question; probably someplace that hasn't seen JB on Geraldo or LKL, as well as BC on the morning shows.

Just wanted to point out that the public nature of this case occurs due to more than just Sunshine Law considerations.

True, and CA and GA have been pursuing every talk show that would have them.
 
I too would strongly examine the bench trial option. If an examination of the trial Judge's prior rulings in other cases pointed to their being objective versus being but an extension of the D.A.s office, I would ask the Judge to read a finding of facts into the trial record before reading the verdict. Though if the trial Judge were objective, I doubt that prosecutors would agree to a bench trial.

(Why would they want to waste a well poisoned jury?)

A lot of people don't know anything about this case. Probably even fewer who have heard of it have sifted through the mountains of document dumps. I see no reason to think the jury would necessarily be tainted.
 
I too would strongly examine the bench trial option. If an examination of the trial Judge's prior rulings in other cases pointed to their being objective versus being but an extension of the D.A.s office, I would ask the Judge to read a finding of facts into the trial record before reading the verdict. Though if the trial Judge were objective, I doubt that prosecutors would agree to a bench trial.

(Why would they want to waste a well poisoned jury?)

Isn't the choice of bench trial or jury trail up to the defendant?
 
You posted: "With all due respect,nothing has been LEAKED by the SA,but released under the FL Sunshine Laws."

The implication is that there would be a problem (of some sort) if alleged evidence was 'leaked' but no problem exists if the same information were 'released' under Florida's Sunshine law.

There may or may not be problems with the Sunshine Law releases. But, we have to deal with the fact that it's the law. The people voted it in. Period.

And, had the defense not opposed the issuing of a gag order, NOBODY would be going on talk shows, and nothing would be "leaked." IIRC, the state initially wanted a gag order. JB and the As opposed it.

Let's give credit where it's due.
 
A lot of people don't know anything about this case. Probably even fewer who have heard of it have sifted through the mountains of document dumps. I see no reason to think the jury would necessarily be tainted.


I would tend to agree. Most of the publicity completely negative in nature has been limited to shows like NG and JVM. Other less-specialized mainstream shows have taken a much softer approach, and have allowed both the defense and the Anthony family to state their belief in KC's innocence (up to and including accusing LE of all kinds of malfeasance). These types of network shows (like GMA, CBS Morning Show, Today Show, Fox News, LKL, etc) appeal to a broader audience, and I suspect have a more typical jury pool demographic. than NG and JVM. Same goes for blogs and public forums - they may be overwhelmingly negative, but they attract a lot of readers interested in true crime stories who are also not likely to be chosen for any jury. Local Orlando news shows have tended to a similar curve (KB vs. Jennifer D for example) or continuum. Given the Anthony family's predilection toward media coverage and the rather bizarre behavior of their daughter, it would be hard to present the facts in a light that might not influence some (who may likely be weeded out by expensive jury consultant firms).

We have certainly seen LE and the prosecution restrict their remarks. No information has been "leaked" to the public that was unlawful. In fact, I suspect that some of the information that should have lawfully been offered for public view in this case has been unduly delayed by the defense given what the SA reports it has given the defense in discovery and how long it has taken us to receive it. Even so, it appears to be a very small segment of any potential jury pool that is either very familiar with, or has made up their mind about culpability in this case.

So, in essence, despite our limited perception of an almost universal reaction of abhorrence to the details of the case, it would seem that most news coverage, directed at a potential jury pool, could seen as favoring the defense. They made it their business early on with the way they handled PR that they had every intention of trying to influence the public, even from courtroom sound and video bytes, for which they have been criticized by Judge S, btw.

Other than a small portion of the public's interpretation of document dumps, which are fair and legal under FL law, and some local reporters who disagree with a defense that has manipulated the media with smoke, mirrors, blatant lies in depositions or even slanderous or defamatory statements on camera (CA calling Morgan an ambulance chaser for one and accusing the SA of political gain by making this a Murder One charge), I really can't say that the defense has had any disadvantage at all in this case, in fact, they seem to have optimized the press in a way that is unavailable to the SA and LE who, not only bear the burden of proof in this case but, it would appear, all burden of conscience (since the victim's family is uninterested) as well as the cost of recovering this poor child's remains and thoroughly investigating each and every possible SOD within a fifty mile radius according to the ever changing whims of a defense that tilts at windmills.
 
Having worked for two DA's offices during my time in law school...I got to say that you and both agree about a bench trial. The reason I feel this way...is because I knew a lot of the Judges very well...and while the process is not perfect on either side (Judges make mistakes as well)...it would be the way to go.

I think the SA's office in this case would agree to that. As far as I know, in Texas, because it is the defendent's life on the line...they have first choice.

I don't think that a poisoned jury will be a factor in this case though...well they might be a factor...but I feel that it would work in favor of the defendent/KC. So much has come out via information about this case that the jury may be expecting a smoking gun a big time smoking gun...and if one is not presented...because the DP is on the table...there is room a jury to find for Reasonable Doubt.

A Judge though...may not arrive at the same conclusion. Which is dicey.

But I still say if my life were on the line, and the Judge was fair...I would prefer a bench trial. But that is just me. Naturally, in this scenario, I would be innocent...and thus confident in the ability to be found not guilty. :angel:


In seventeen plus years of offering my thoughts on the internet against high-profile cases, the only high-profile case that I've followed where prosecutors agreed to a bench trial was the 2005 trial of Cynthia George. She was charged with complicity to murder a former lover, Jeffrey Zack. Patricia Cosgrove was the trial judge, and from a defense perspective, she appeared to have a decent track record of objectivity and well-reasoned decisions.

My holding was that the evidence was simply not there to support the charge. However, Judge Cosgrove found the evidence was sufficient. She found Cynthia George to be gulty and sentenced her to life in prison. I listened closely to her alleged inferred logic and came away with the distinct impression that her logic was influenced by 'community' considerations. Frankly, like her defense team, I was stunned at how she arrived at her decision -- not evidence by my measure that supported proof beyond a reasonable doubt.

Within two years, Ohio's Court Of Appeals agreed with me that the evidence was insufficient to support a finding of guilt. The Court reversed Judge Cosgrove's verdict with prejudice and, accordingly, had Cynthia set free, forever.

The lesson I took away is: do not expect a Judge to be protected or insulated from the fiendish poisoning of the mind, heart and soul that commonly takes place in high-profile cases.
 
I agree. The prejudicing of jury pools in high-profile cases is not a problem that's unique to Florida cases. Rather, it's a nationwide problem that I believe has substantially grown with the birth of the internet.

Moreover, I also believe this (a prejudiced jury) explains why so many high-profile cases that go to trial end-up with a wrongful conviction.
...and incompetent attorneys. This is a checks and balance system. One can't assume that it was the "prejudice" of the jury that wrongfully convicts.
 
I agree. The prejudicing of jury pools in high-profile cases is not a problem that's unique to Florida cases. Rather, it's a nationwide problem that I believe has substantially grown with the birth of the internet.

Moreover, I also believe this (a prejudiced jury) explains why so many high-profile cases that go to trial end-up with a wrongful conviction.

Wrongful convictions pre- or post- DNA technology?

Provably, or is this an opinion?

What %age of total convictions are being deemed "wrongful?" What criteria?

What about the appeals process?

Thanks!:)
 
In seventeen plus years of offering my thoughts on the internet against high-profile cases, the only high-profile case that I've followed where prosecutors agreed to a bench trial was the 2005 trial of Cynthia George. She was charged with complicity to murder a former lover, Jeffrey Zack. Patricia Cosgrove was the trial judge, and from a defense perspective, she appeared to have a decent track record of objectivity and well-reasoned decisions.

My holding was that the evidence was simply not there to support the charge. However, Judge Cosgrove found the evidence was sufficient. She found Cynthia George to be gulty and sentenced her to life in prison. I listened closely to her alleged inferred logic and came away with the distinct impression that her logic was influenced by 'community' considerations. Frankly, like her defense team, I was stunned at how she arrived at her decision -- not evidence by my measure that supported proof beyond a reasonable doubt.

Within two years, Ohio's Court Of Appeals agreed with me that the evidence was insufficient to support a finding of guilt. The Court reversed Judge Cosgrove's verdict with prejudice and, accordingly, had Cynthia set free, forever.

The lesson I took away is: do not expect a Judge to be protected or insulated from the fiendish poisoning of the mind, heart and soul that commonly takes place in high-profile cases.

I would imagine that this particular case is going to go very poorly for the defense. And the defense team, chiefly, Jose Baez, has made so many IMO insanely illogical and dumb manuevers in this case. The logical defense is that it was an accident. I would be hammering that into my client's head. I realize that they are bound to what KC wants...but other than the radically incompetent Baez whispering moronic notions of a mistrial in her ears...I don't think that the more competent members of the defense team have had much of an opportunity to speak to KC...much less alone.

If I were the Judge in this particular case, I would want to know if KC truly understands the defense strategy and that it is likely to hand her straight to death row.

There is no nanny. No SODDI. There was a dead Caylee in a car controlled by KC.

Even if say for instance KC threw Caylee in the trunk for her "date" and just duct taped Caylee's mouth shut...and pushed down the seats of the back seat to put more air in the car. It doesn't matter if she never intended the child to die. But I don't believe that rises to the level of a DP case.

What I believe...taking in all of the evidence is that Caylee died and that KC intended for Caylee to died and took steps to ensure that Caylee died. I know we haven't seen everything yet...I sincerely think that the entomology findings will prove that a live child was placed in that car trunk.

But based on everything that has been put out there thus far, the defense's motions are as fatally flawed as their defense.

Were I KC I would put more stock in a jury/Judge (poisoned or no) than I would in their current strategy. JB's motions/numerous appearances on shows/statements to the media about her innocence...are some of the most moronic and laughable than I have ever seen.

I am not trying to set the grounds for an appeal here. And I don't know what KC's thoughts are. But the two of them...KC/JB are basically working in conjunction to send her straight to death row. And given all I have heard about KC...and read...and seen...and there are no character witnesses at all...her whole life...save immediate family willing to vouch for her (which SPEAKS volumes) even though I am a staunch anti-DP type...maybe Death Row is exactly where the dark lass belongs. JMO.
 
Oh Wudge! I know you hate hyperbole, which is why I find your use of the inflammatory word "fiendish" in describing judges having very human fallibility a sort of wry dichotomy. It's good to know that you, like the rest of us, sometimes react emotionally (and not necessarily logically) to what you observe. It's one of many reasons we love your posts - you are generally like our Legal-Mr.-Spock-in-residence. It's nice to see you back on the board!
 
Oh Wudge! I know you hate hyperbole, which is why I find your use of the inflammatory word "fiendish" in describing judges having very human fallibility a sort of wry dichotomy. It's good to know that you, like the rest of us, sometimes react emotionally (and not necessarily logically) to what you observe. It's one of many reasons we love your posts - you are generally like our Legal-Mr.-Spock-in-residence. It's nice to see you back on the board!

Yep! I concur!
 
...and incompetent attorneys. This is a checks and balance system. One can't assume that it was the "prejudice" of the jury that wrongfully convicts.

In the wrongful conviction cases that comprise my substantial experience base of high-profile trials, I've listened carefully as jurors explained (post verdict) how they came to their decision of guilt. My prime takeaway is that jury error was usually significant -- at best and nicely put.

(smile)
 
In the wrongful conviction cases that comprise my substantial experience base of high-profile trials, I've listened carefully as jurors explained (post verdict) how they came to their decision of guilt. My prime takeaway is that jury error was usually significant -- at best and nicely put.

(smile)

But, how do you keep your opinion from coloring your perception?

And, what criteria do you use?
 
Oh Wudge! I know you hate hyperbole, which is why I find your use of the inflammatory word "fiendish" in describing judges having very human fallibility a sort of wry dichotomy. It's good to know that you, like the rest of us, sometimes react emotionally (and not necessarily logically) to what you observe. It's one of many reasons we love your posts - you are generally like our Legal-Mr.-Spock-in-residence. It's nice to see you back on the board!

Thank you Cecybeans. It's possible that I'm putting foth bit more emotion than usual. I recently lost a treasured loved one and great friend of nearly seven decades and have been helping to settle their estate. I'll try to watch myself.
 
Thank you Cecybeans. It's possible that I'm putting foth bit more emotion than usual. I recently lost a treasured loved one and great friend of nearly seven decades and have been helping to settle their estate. I'll try to watch myself.


I'm terribly sorry, Wudge. I mean that!

Been there, done that... hated it. ;-(
 
In the wrongful conviction cases that comprise my substantial experience base of high-profile trials, I've listened carefully as jurors explained (post verdict) how they came to their decision of guilt. My prime takeaway is that jury error was usually significant -- at best and nicely put.

(smile)
...and didn't they ever say the defendent's attorney just didn't convince us otherwise?
 
...and didn't they ever say the defendent's attorney just didn't convince us otherwise?

No. At least I have no recall of such. Remember too, that we're talking about proven wrongful convictions, not likely wrongful convictions. In these cases, blaming the defense team would be a bit ... uh, weak.
 
Thank you Cecybeans. It's possible that I'm putting foth bit more emotion than usual. I recently lost a treasured loved one and great friend of nearly seven decades and have been helping to settle their estate. I'll try to watch myself.

Sorry for your loss. Don't bother watching yourself - you always give us food for thought and debate, and we are the better for it. We are just a feisty, rambunctious lot and rarely cut people slack. I hope that will be a distraction during what must be a very hard time. You know we love hearing from you. And I'm sure that most of us wish there were more like you out there in case we ever get into trouble!
 
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