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

[doogiesgirl]

Q. Do you have any idea what percentage of Florida, much less America believes in the Death Penalty?

A. Right around 50%

So your 7-5 jury represents just a majority of a minority of Floridians. So in your [scenario], I guess the minority WINS!

p.s. I am not against the death penalty, I just happen to believe a Life sentence in Florida is a far greater punishment than imposing the death penalty. Read my blog: Denying the Certainty of Death.

p.s.s. Someone like John Couey, I would personally strangle him with my bare hands. And I am not saying I wouldn't feel that way about Casey Anthony if (a big IF) it is proven to me beyond a reasonable doubt that she killed Caylee in a premeditated fashion and Caylee suffered. Currently, I am only convinced Casey knows how Caylee died.

As soon as I can find time(after xmas)...I will read your blogs. I am a fence sitter on many of the DP's imposed---however like you, a criminal like Couey deserves it. I think I would rather chain gangs be brought back instead of a many of the DP's handed down. Not exactly like they used to be, but why can't death rowers/ life sentenced criminals be put to work for the good of society(building roads for instance). Even if they have to double the guards watching them--it has to be cheaper than keeping a DP defendant in jail until it is carried out, and even with life sentenced criminals, at least society is getting something back from them. And it might even be a deterrent to prison violence.

I am still curious though, do you know whether or not the judge is told what the numbers are (how many for, how many against)when a death sentence is imposed or is he just given the info on whether or not the jury chose to impose it?

:cow:

 

[Bittiness39]

Of the information that has not yet been released by the state, what evidence are you most interested in seeing?

A second question: How long can the defense hold onto information that has been released to them by the state before the media can release it?

Bumping my own questions... :truce:

 

[doogiesgirl]

No, the declining presence of my hair would be a concern of mine.

This I understand....my poor hubby would give anything to have his youthful hair back. I will never mention your thinning hair ( Your hair doesn't look thinning to me but I've never really checked out your head...hair I mean.)

But seriously about the chloroform---wth did that come from? It has me baffled! And I do believe KC knows where it came from---but we all know...she ain't spilling it. moo

 

[RR0004]

Yes, but when you've been arrested, you don't have much time to see how a major, lengthy murder trial is going to play out. Just the fact that he has made his name recognizable has given him a lot of business. Many people call attorneys simply because he or she is the only one the person has heard of.

Oh...I agree...but still don't get it. His on air performance doesn't leave me inspired...or trusting his "abilities". LOL

 

[BeanE]

Just visited your thread and I noticed that the number one source of your information was none other than a WESH interview with ME!

How awesome is that! I can quote myself in my next blog post:

Hornsby says "..." or
in a rather insightful moment, Hornsby said "..." or
Hornsby was quoted on WESH saying "...."

:floorlaugh:

 

[rhornsby]

Of the information that has not yet been released by the state, what evidence are you most interested in seeing?

A second question: How long can the defense hold onto information that has been released to them by the state before the media can release it?

1. Good question, I think I am most interested in hearing Jose Baez's opening statement. That will answer more questions for me than any evidence the State releases from here on out.
2. There is no time limit, once the defense receives it, it becomes a public record subject to disclosure upon public records request UNLESS there is a prior protective order issued by a judge dictating otherwise or a delayed release schedule.

 

[Bittiness39]

1. Good question, I think I am most interested in hearing Jose Baez's opening statement. That will answer more questions for me than any evidence the State releases from here on out.
2. There is no time limit, once the defense receives it, it becomes a public record subject to disclosure upon public records request UNLESS there is a prior protective order issued by a judge dictating otherwise or a delayed release schedule.

Do you think that Jose Baez's opening statement will be a soddi defense...or some long winded "the state can't prove ...." Offensive or Defensive? Or could it quite possibly be that the defense won't give one? Given my thoughts about their strategy thus far (too much promised in court and in the media (KC wasn't there, didn't do it, we have proof) I would imagine they would opt out of giving one. JMO.

 

[logicalgirl]

Can they do that? Not have an opening statement that is? Seriously - for some reason I thought it was a "have to". Can you tell I don't hang around court rooms very much.

 

[MD MOMMY]

Well, let me rephrase. He hit the lottery and then blew his wad rather than investing it.

I know this because for the first six months after the case came out, I would say 2 out of every 3 clients who called me had called his office as well. Prior to that I had never even heard of him in my life (as a matter of fact, Shannon Butler was the first reporter to ask me who he was and my question was Jose Who?)

Anyway, back to story. So I had these people come in and I would quote them what I thought was a reasonable rate. One case was $4K. They looked at me like I was crazy, and I asked what was wrong; Baez had quoted them something like $15K. I nearly died laughing and told them they should go hire him - because if he thinks he is worth that much, he must work miracles.

Obviously the lottery money has now been spent and I rarely hear his name anymore - unless the client is describing the type of lawyer they don't want.

Right and this was probably during the time JB et al were whining about not having enough time to prep for the Check Fraud case....all the while he is gouging possible clients with his 15K nonsense! He may not want to count his chickens just yet.

 

[Spangle]

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

Which was before the sell of the pictures. Which makes that affidavit rather void, wouldn't you say?

Speaking of, at this point we know that pictures have been sold and money made for KC to pay for her bills. We don't know the details, of course. But we do know there was some money, of some sort.

We have yet to see any real testing of evidence, or experts that have admitted to being paid for services or services ordered. Basically, no real work on this case, except lawyer hrs, staff hours, etc.

I find that rather worrisome. As you mentioned, it's possible that NOW KC is broke. If she no longer has the money from the sell of the pictures, and has of yet not paid for experts, etc.. then the funds must have went to ONLY her legal bill from JB. Whom, as has been pointed out, is getting great PR from this case as well.

If that is the case, could that come back later to bite him? And could she use it later during appeals if convicted?

 

[rhornsby]

Which was before the sell of the pictures. Which makes that affidavit rather void, wouldn't you say?

Speaking of, at this point we know that pictures have been sold and money made for KC to pay for her bills. We don't know the details, of course. But we do know there was some money, of some sort.

We have yet to see any real testing of evidence, or experts that have admitted to being paid for services or services ordered. Basically, no real work on this case, except lawyer hrs, staff hours, etc.

I find that rather worrisome. As you mentioned, it's possible that NOW KC is broke. If she no longer has the money from the sell of the pictures, and has of yet not paid for experts, etc.. then the funds must have went to ONLY her legal bill from JB. Whom, as has been pointed out, is getting great PR from this case as well.

If that is the case, could that come back later to bite him? And could she use it later during appeals if convicted?

Patience Sleuthison, patience. Christmas is not far away...

 

[Suzie002]

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.

Do you think that has happened with this case? I am not a fan of KC's by any means, but I do think not trying to convince her to drop the ZG story and go with an accidental death scenario is a mistake.

 

[rhornsby]

Can they do that? Not have an opening statement that is? Seriously - for some reason I thought it was a "have to". Can you tell I don't hang around court rooms very much.

You can reserve your opening statement for right before your case in chief, but it would be ludicrous to do that in a murder case and not leave the jury with some understanding of why your client is not guilty knowing the state will be putting on days of damaging testimony. I have only done it twice in about 80 trials, and each time was because I had not figured out a defense yet (I won both :dance.

 

[Bittiness39]

You can reserve your opening statement for right before your case in chief, but it would be ludicrous to do that in a murder case and not leave the jury with some understanding of why your client is not guilty knowing the state will be putting on days of damaging testimony. I have only done it twice in about 80 trials, and each time was because I had not figured out a defense yet (I won both :dance.

Apart from stating "the defendent is entitled to the presumption of innocence" montra...what do imagine the defense might say as an opening?

I would defer save for the boiler plate. The jury is going to expect very exculpatory information from the defense...jmo...from how the defense (I mean Florida vs. Bama) has presented themselves thus far...

Oh...and go Horns!!!

 

[mitzi]

I agree that gas chromatography is scientifically accepted. But don't forget that by the time the samples were taken, the trunk had been exposed to open air for a few days (not to mention that we know the body was not it it for about a week). Plus, didn't Cindy clean the trunk?

So basically, they took an air sample that was unrepresentative of the actual conditions when the trunk was found and said it is evidence of guilt.

Sorry, that doesn't pass the sniff test - no pun intended.

p.s. Unless you start making fun of my thinning hair, I don't take anything personal.

Mr. Hornsby...do you think that the trunk of KC's car still has an odor of decomposition?...and if so, do you think a little jaunt to the OCSO garage will be an order of business for the jury?

 

[mitzi]

You do realize now that EVERYONE will be paying attention to just that! I can see it now..."Hairline Alerts". LOL

ITA...never, but never alert us to anything...WSers will immediately investigate! :crazy: LOL

 

[elementary]

I agree that gas chromatography is scientifically accepted. But don't forget that by the time the samples were taken, the trunk had been exposed to open air for a few days (not to mention that we know the body was not it it for about a week). Plus, didn't Cindy clean the trunk?

So basically, they took an air sample that was unrepresentative of the actual conditions when the trunk was found and said it is evidence of guilt.

Sorry, that doesn't pass the sniff test - no pun intended.

p.s. Unless you start making fun of my thinning hair, I don't take anything personal.

Well I would be arguing that a smell that lasts so long as death smells are liable to do (and can be proven to do so I imagine- there were reports of that lingering smell for months) just shows that indeed, it was a death smell, even if Cindy cleaned the trunk; it is that powerful.

I would also question how the trunk being exposed to open air for a few days invalidates the lingering death smell. Like it came from somewhere else, an abbatoir perhaps? Other than that, how would that be accounted for?

 

[zoomom]

No, the declining presence of my hair would be a concern of mine.

BBM

FWIW: Licensed hairdresser here (22 yrs.):....what head hair a male has at age 35 is what he should have at age 65. I have no clue to your age, or what you shampoo your hair with. Just don't freak out over it!

p.s. do I have to show my license to someone to prove I'm legit???

 

[GreenTurtleGirl]

I shall do no such thing :furious:

j/k but you can send a public records request yourself to the Orange County Jail Public Information. There will likely be a fee for your request.

As an FYI, the visitor log will be posted this afternoon by Tricia.:dance:

 

[I Din Doot]

Are you a DP certified attorney in the state of FL? What (besides personality and he is retained in this case) is the difference between you and JB?