Rhornsby Legal Q&A #3 Relevant to the Anthony Case

[rhornsby]

Do you think that an emotionally involved attorney is better or worse for the defendant?

I am emotionally involved in a lot of my cases, the real danger occurs when your emotions cause you to lose perspective of how good or bad a case you have.

 

[ZsaZsa]

I don't take anything personally. Morally, I kind of feel bad for her (but not really). Sure she got dragged into this, but her value now is exponential - she hit the lottery.

But my biggest beef is that from a legal perspective, this case is a dud. So what if she wins, there is no insurance company to pay out, Casey is broke, etc.

Moreover, this is a death penalty case. I found it personally offensive when Mr. Mitnik tried to argue that Ms. Gonzalez's brief inconvenience outweighed defending yourself against the death penalty. Pure hypocrisy.

Finally, I guess I see the bigger picture. I see people falsely accused and their lives completely destroyed. when I obtain acquittals they get nothing, not even their court costs reimbursed. So I guess my problem is that I just keep her "reputation" in perspective to every other law abiding wrongfully accused person I have represented. Morgan and Morgan would not give them the time of day unless it included a fender bender accident.

Are we sure that Casey is broke? They do not want to disclose her financial information so far- when she was out on bail she went to Baez' office daily, loaded with photos and Caylee memorabilia, I'm sure those items have provided her/Baez with a pretty penny. With Mr Morgan on her side I think she might stand a good chance of getting whatever assets Casey has..

 

[jandkmom]

Do you expect more motions to be filed by the defense before the trial? Does the defense pay the cost of the filing and service of these motions?

 

[rhornsby]

Are we sure that Casey is broke? They do not want to disclose her financial information so far- when she was out on bail she went to Baez' office daily, loaded with photos and Caylee memorabilia, I'm sure those items have provided her/Baez with a pretty penny. With Mr Morgan on her side I think she might stand a good chance of getting whatever assets Casey has..

My opinion is she is broke. But you would never agree with me. So let's talk about something else.

 

[rhornsby]

Do you expect more motions to be filed by the defense before the trial? Does the defense pay the cost of the filing and service of these motions?

No cost to file a motion by a criminal defendant.

 

[autumnlover]

Hello Mr. Hornsby. I asked this question twice before but it has been overlooked (inadvertently, I'm sure). I really respect your opinion and I'm anxious to hear what you think of the Anthony's and how their behavior could affect the outcome of the trial. Specifically, do you think their credibility will be affected because of their conflicting stories to LE and behavior in the media (as well as number of appearances on TV)?

Thanks so much for answering.

 

[elementary]

I am saying 100% I would not have taken on Ms. Gonzalez's case - because the damages are minimal (regardless of what everyone wants to believe). But I am far from a millionaire and I have an active caseload; Mr. Morgan can take any case he wants. So what does he care, Ms. Gonzalez's case costs him very little and he gets plenty of free media exposure.

With that said, some of Morgan & Morgan's attorneys are the absolute best in the profession. And the attorney handling the case, Mr. Mitnik is highly regarded - I know little beyond what people I respect have said about him.

Now, the reason I think so little of the case is that from a legal perspective, I think Casey Anthony's civil attorney has been the most accurate on the law. While I think he is getting the home town treatment, I have little doubt an appellate court would side with his arguments at the end of the day (I also believe a jury would award a token verdict).

One day I will blog about it, but it would take a lot of time to lay it all out logically since the subject matter is outside of my normal area of practice.

I guess it all depends on what you call "damages".

 

[cecybeans]

I am saying 100% I would not have taken on Ms. Gonzalez's case - because the damages are minimal (regardless of what everyone wants to believe). But I am far from a millionaire and I have an active caseload; Mr. Morgan can take any case he wants. So what does he care, Ms. Gonzalez's case costs him very little and he gets plenty of free media exposure.

With that said, some of Morgan & Morgan's attorneys are the absolute best in the profession. And the attorney handling the case, Mr. Mitnik is highly regarded - I know little beyond what people I respect have said about him.

Now, the reason I think so little of the case is that from a legal perspective, I think Casey Anthony's civil attorney has been the most accurate on the law. While I think he is getting the home town treatment, I have little doubt an appellate court would side with his arguments at the end of the day (I also believe a jury would award a token verdict).

One day I will blog about it, but it would take a lot of time to lay it all out logically since the subject matter is outside of my normal area of practice.

If you believe a token verdict would have been awarded, then why would JB countersue? It revoked KC's and her parents' rights to take the Fifth and created the media poopstorm when the videos of the parents were released and KC didn't answer anything on the questionnaire but her name, basically. Isn't that a tad uncooperative on their part? Wouldn't it have been easier to settle it quietly?

 

[nobull]

Firstly, ZG is only suing Casey Anthony - so she gets ZERO from the rest of the Anthonys if she prevails.

And I am not disagreeing with you about the Anthony's motives, however, as far as Mr. Morgan's altruistic motives are concerned I think it "parallels" Jose Baez's motives for taking on Casey Anthony's case.

That is all I am saying.

I agree with what you're saying. But, taking it a step farther, most people are out for the win-win scenario. It's a win for ZFG to have the A's shut their mouths, and it's a win for Morgan i.e. free publicity. A side benefit as long as he's at it, was to attempt to expose the funding source for KC's defense. So, all in all, he got his name out there. Good for him. I mean, attorneys need to do whatever they can to advertise, including posting on web forums, right? nline: :wink:

True altruism is pretty much dead. Pro bono attorneys (public defenders) with rare exceptions almost exclusively get assigned through the courts, do they not?

 

[Pattymarie]

Mr. Hornsby,
I would like to know what you think will happen with all of Casey's lies...how will this play into either the state's or defense's hands? Also, will her parents' lies be used/explained or not at all. Thank-you in advance.

 

[wonders]

I don't take anything personally. Morally, I kind of feel bad for her (but not really). Sure she got dragged into this, but her value now is exponential - she hit the lottery.

But my biggest beef is that from a legal perspective, this case is a dud. So what if she wins, there is no insurance company to pay out, Casey is broke, etc.

Moreover, this is a death penalty case. I found it personally offensive when Mr. Mitnik tried to argue that Ms. Gonzalez's brief inconvenience outweighed defending yourself against the death penalty. Pure hypocrisy.

Finally, I guess I see the bigger picture. I see people falsely accused and their lives completely destroyed. when I obtain acquittals they get nothing, not even their court costs reimbursed. So I guess my problem is that I just keep her "reputation" in perspective to every other law abiding wrongfully accused person I have represented. Morgan and Morgan would not give them the time of day unless it included a fender bender accident.

BBM
Mr Hornsby,
Could you explain to me how Ms. Gonzalez hit the lottery and yet a jury would give her a token verdict?
I feel sorry for Ms. Gonzalez and everyone else who has come into contact with any of the Anthony's. Do you think there will be other civil suits after the murder trial?
I too agree that KC has no money b/c her jail account dosen't have an endless supply of cash for snacks and stuff.

 

[okiedokietoo]

Listen, Morgan and Morgan is the number one television advertiser in Central Florida. What better way to get free publicity than to interject yourself into the biggest case in Central Florida.

Before this case, he was unknown out of legal circles or Central Florida; now he has had multiple national tv appearances.

As for the legitimacy of his client's claim. Legally, it is a leap to say that it is more likely than not that Casey Anthony was specifically referring to her. If anything, the ticketed Zenaida would fit the description more than Morgan's client. Why can't she sue as well.

Now, at the end of the day - before any attorney takes on any case, the first thing he asks is what is it worth. Morgan would only get 1/3 of any settlement. And last I check you cannot get blood from a stone. So Morgan's 1/3 of nothing is nothing. But what does he care, he is a multi-millionaire who has received immeasurable media exposure.

Meanwhile, poor little old Zenaida Gonzalez - the woman who is petrified of the media. Well she appears on the media with old John all the time. But more importantly, what damages has she suffered?

I am assuming her yearly salary before this case was 45K or less. And we know that one of Casey's friends received something like 20K from a tabloid for their story. Zenaida could probably get 3x that. and now her un-tabloid story is probably worth 20x that.

No matter how you cut it, she has suffered no damages. If anything, she hit the lottery by being involved with this case. Moreover, if she would have not sued, she would have been just a footnote in this story within a few months. Any continuing emotional trauma she suffers is her own doing.

So IMO this whole civil suit is a mockery. Hate Casey or not, I think everyone would agree that a death penalty case is more important than a civil suit.

KC hasn't been convicted so couldn't she be holding the purse strings and the Anthony's, have some sort of limited financial power of attorney? No idea what I am talking about but seemed possible - happy you are here to answer.

 

[RR0004]

I don't take anything personally. Morally, I kind of feel bad for her (but not really). Sure she got dragged into this, but her value now is exponential - she hit the lottery.

But my biggest beef is that from a legal perspective, this case is a dud. So what if she wins, there is no insurance company to pay out, Casey is broke, etc.

Moreover, this is a death penalty case. I found it personally offensive when Mr. Mitnik tried to argue that Ms. Gonzalez's brief inconvenience outweighed defending yourself against the death penalty. Pure hypocrisy.

Finally, I guess I see the bigger picture. I see people falsely accused and their lives completely destroyed. when I obtain acquittals they get nothing, not even their court costs reimbursed. So I guess my problem is that I just keep her "reputation" in perspective to every other law abiding wrongfully accused person I have represented. Morgan and Morgan would not give them the time of day unless it included a fender bender accident.

If Casey is broke, how on earth is she paying for her defense team?

 

[rhornsby]

If Casey is broke, how on earth is she paying for her defense team?

The same way Zenaida Gonzalez is paying Mr. Morgan.

 

[rhornsby]

KC hasn't been convicted so couldn't she be holding the purse strings and the Anthony's, have some sort of limited financial power of attorney? No idea what I am talking about but seemed possible - happy you are here to answer.

Did you know that Casey filled out an Affidavit of Indigency when she was arrested.

 

[rhornsby]

I agree with what you're saying. But, taking it a step farther, most people are out for the win-win scenario. It's a win for ZFG to have the A's shut their mouths, and it's a win for Morgan i.e. free publicity. A side benefit as long as he's at it, was to attempt to expose the funding source for KC's defense. So, all in all, he got his name out there. Good for him. I mean, attorneys need to do whatever they can to advertise, including posting on web forums, right? nline: :wink:

True altruism is pretty much dead. Pro bono attorneys (public defenders) with rare exceptions almost exclusively get assigned through the courts, do they not?

Pretty much. Unless you count the traffic tickets I handle "pro bono" for my friends.

 

[magiemay]

Mr. Hornsby, thank you so much for taking time to answer our questions and I am so addicted to your blog. But on a different note after viewing the last in court video what was your impression of KC's actions the anger on her face followed by the jig with the crying and the make him stop remark?

 

[spqr]

The same way Zenaida Gonzalez is paying Mr. Morgan.

Not a really fair answer since Morgan would get 1/3 of the award settlement of a civil suit....are you saying Baez is getting 1/3 of whatever Casey makes off this case? Because that would open a whole new can of worms?

 

[hroark2112]

Not a really fair answer since Morgan would get 1/3 of the award settlement of a civil suit....are you saying Baez is getting 1/3 of whatever Casey makes off this case? Because that would open a whole new can of worms?

$0.00 x 1/3 = $0.00

She could win a $50,000 judgement from KC, but she'll never get a dime.

 

[rhornsby]

Mr. Hornsby, thank you so much for taking time to answer our questions and I am so addicted to your blog. But on a different note after viewing the last in court video what was your impression of KC's actions the anger on her face followed by the jig with the crying and the make him stop remark?

The "jig" was up.