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

[rhornsby]

Oh...come on now...Polk County is between Orange (Orlando) and Hillsborough (Tampa) County...Move the trial here

Mr. Hornsby, what are the chances of that?

Well Assistant State Attorney Pam Bondi would be a major obstacle to moving the case to Hillsborough County because she is a prominent prosecutor from that county and she is constantly on network television spouting off about how guilty Casey Anthony is; not to mention she apparently announced her intent to run for Florida Attorney General recently.

As for Polk County, unfortunately some of the county is in the same media market as Orange/Osceola. Although a Polk jury would be worse than a panhandle jury.

 

[rhornsby]

I don't think you'd get total agreement that AL is some astoundingly super lawyer, though she has in some cases been effective in keeping a convicted defendant from getting the DP. Despite the law not being on her side on the issue of the state seeking the DP, I think she may believe she is making a record for a later appellate court, in the event Casey in convicted and sentenced to death. I imagine she has a fairly standard repertoire of motions that she files and sometimes files more than once in every case. It gets all the anti-DP information on the record and it can cause delay, which is the friend of a defendant. JMO.

I have yet to say she is an "astoundingly super lawyer," I just think she is a very competent lawyer.

And while I agree with you about the standard death penalty motions in her repertoire (the motions are part of any DP seminar materials); the purpose is not for delay, but to preserve constitutional issues for appeal in the event of conviction.

 

[rhornsby]

Richard, thanks for being here and answering our many questions. Here is one:

There was a 5-minute break during the hearing, during which Judge Strickland and all of the attorneys went back for a pre-trial conference about the Fraud case. Why was this not done publicly? And what would have been discussed back there?

I do remember another conference which your fav reporter (heh) Kathi Belich attended and was able to record. Anything different about this one?

Thanks ~
MM

• Anything and everything could have been discussed, probably scheduling and/or pretrial motions that might be filed. Your guess is as good as mine.
• What conference was that? Please provide a link.

 

[lisalei321]

Well Assistant State Attorney Pam Bondi would be a major obstacle to moving the case to Hillsborough County because she is a prominent prosecutor from that county and she is constantly on network television spouting off about how guilty Casey Anthony is; not to mention she apparently announced her intent to run for Florida Attorney General recently.

As for Polk County, unfortunately some of the county is in the same media market as Orange/Osceola. Although a Polk jury would be worse than a panhandle jury.

BBM...Oh come on...Just cause we have Grady <that's all the bullets we had> Judd, Honorable Sheriiff?

So I guess I shouldn't be looking for my jury summons anytime soon?

Dang and Drats!

 

[rhornsby]

I stand corrected. JA did argue that the DP is applicable in every first degree murder case in Florida.
You did say IF a person’s legal argument is 100% wrong, and not when a person’s legal argument is 100% wrong, so I now have to ask you,
Was AL’s legal argument 100% wrong?

If her legal argument was 100% wrong, then when do you think she will start displaying the skills she used to become highly renowned in her field?
Or is this just standard operating procedure from AL? I honestly don't know. I have heard the accolades about how good she is, and I admit sometimes lawyers actions leave me bewildered, but I don't understand what good it would do to file a motion, and then present a 100% wrong legal argument.

Her legal argument was 100% wrong, her moral argument was not.

And as I have said many times before, nobody can ever win a moral argument about the death penalty.

 

[Kentjbkent]

I have yet to say she is an "astoundingly super lawyer," I just think she is a very competent lawyer.

And while I agree with you about the standard death penalty motions in her repertoire (the motions are part of any DP seminar materials); the purpose is not for delay, but to preserve constitutional issues for appeal in the event of conviction.

And in regards to the BBM, without making this sound like a personal bashing, what do you make of what appears to be her lack of concern of the visual image she is displaying while in court (in regards to her appearance)?

The majority is aware that appearance plays a big role in a courtroom. We have all seen some of the scariest, thuggiest (?) defendants dressed like doctors while sitting in the defendant's chair.

I am curious as to any impression you may have as to why AL does not seem concerned in trying to influence potential jurors, the judge, etc by the manner of her personal appearance.

For instance, she looked very unkept and the suit jacket she was wearing on Friday was too small and could barely be buttoned in front (not the first time).

My opinon is that it is giving her the appearance of being weary, unsure and unconfident....an image I am sure is not one she wants to portray.

What gives?

(By the way, have never seen you in court, but you seem to take appearance seriously....even your icon pic is professional and confident looking! :dance

 

[sleutherontheside]

With regard to your opinion of AL. I'll share mine and I hope you'll share yours. AL is an attorney dedicated to one focus and one goal....she is in this profession to save lives. IMO when attorney's wear designer outfits, have well coiffed hair, seem to be in touch with styles and fashion that are current and trendy....they risk alienating jurors that may be distracted by exteriors. Much like male peacocks that have the more unique and colorful feathers, certain attorneys may be classified by jurors based upon their appearance. JB's suits, and pocket squares have been discussed ad nauseum. The impressions drawn from his wardrobe alone are interesting on their own. When I saw AL for the first time, my focus was initially on her "frumpiness", but it quickly shifted to her plan, her MO, her blueprint. IMO....the "appearance" of "frumpiness" works to her advantage. If a juror looks at her "implied" lack of concern for "trends" and "style", they may subconsciously infer that she is driven only by motive to save lives, do her job, and protect the rights of the accused. How do you see it?

 

[rhornsby]

With regard to your opinion of AL. I'll share mine and I hope you'll share yours. AL is an attorney dedicated to one focus and one goal....she is in this profession to save lives. IMO when attorney's wear designer outfits, have well coiffed hair, seem to be in touch with styles and fashion that are current and trendy....they risk alienating jurors that may be distracted by exteriors. Much like male peacocks that have the more unique and colorful feathers, certain attorneys may be classified by jurors based upon their appearance. JB's suits, and pocket squares have been discussed ad nauseum. The impressions drawn from his wardrobe alone are interesting on their own. When I saw AL for the first time, my focus was initially on her "frumpiness", but it quickly shifted to her plan, her MO, her blueprint. IMO....the "appearance" of "frumpiness" works to her advantage. If a juror looks at her "implied" lack of concern for "trends" and "style", they may subconsciously infer that she is driven only by motive to save lives, do her job, and protect the rights of the accused. How do you see it?

I agree with you 100%, the first thing I think when I wake up on the day of a trial is SHOWTIME!

I teach this same principle when I speak at seminars, because people are more likelkly to vote in favor of people they intrinsically trust, then someone they don't.

Everybody makes a big deal about the O.J. trial but they overlook that Johnny Cochran was a person who not only transcended racial barriers, he came off as the most intelligent and trustworthy attorney in the courtroom.

 

[Blaise]

In my very small S.C. county (<30,000), some of the best attorneys are the career public defenders. If Casey had accepted a public defender, would this whole thing be over by now, and what would have been the result?

Hypothesize, please.

Blaise

 

[rhornsby]

And in regards to the BBM, without making this sound like a personal bashing, what do you make of what appears to be her lack of concern of the visual image she is displaying while in court (in regards to her appearance)?

The majority is aware that appearance plays a big role in a courtroom. We have all seen some of the scariest, thuggiest (?) defendants dressed like doctors while sitting in the defendant's chair.

I am curious as to any impression you may have as to why AL does not seem concerned in trying to influence potential jurors, the judge, etc by the manner of her personal appearance.

For instance, she looked very unkept and the suit jacket she was wearing on Friday was too small and could barely be buttoned in front (not the first time).

My opinon is that it is giving her the appearance of being weary, unsure and unconfident....an image I am sure is not one she wants to portray.

What gives?

(By the way, have never seen you in court, but you seem to take appearance seriously....even your icon pic is professional and confident looking! :dance

Bump.

 

[whats the punch line]

You said KC is "Tucked"

I think stuffed, trussed, and ready to roast.

I'd like you to elaborate.... tell us more about tucked.... no ex parte here..

ps If punch is a pain, say so....
thanx!

 

[sleutherontheside]

I agree with you 100%, the first thing I think when I wake up on the day of a trial is SHOWTIME!

I teach this same principle when I speak at seminars, because people are more likelkly to vote in favor of people they intrinsically trust, then someone they don't.

Everybody makes a big deal about the O.J. trial but they overlook that Johnny Cochran was a person who not only transcended racial barriers, he came off as the most intelligent and trustworthy attorney in the courtroom.

In light of your reply....what "advice" would you bestow upon the defense team regarding attire. LKB does not present as coiffed either. Additionally, much has been made of KC's clothing and hair. I have said from the beginning that by trial time, there should (in the eyes of the defense) be a distinct difference between the defendant sitting in the courtroom and the one that appears in photos. I am NOT on the side of the defense but my logic and judgement allows me to anticipate "moves and motivation" from the other side.

 

[rhornsby]

In my very small S.C. county (<30,000), some of the best attorneys are the career public defenders. If Casey had accepted a public defender, would this whole thing be over by now, and what would have been the result?

Hypothesize, please.

Blaise

As a matter of fact, the 9th Circuit Public Defender's office had Larry Henderson, one of the most successful and decorated death penalty lawyers in the state, working for them (he recently started working for the Federal Public Defender of Middle District of Florida).

So while I can only speculate about how or when the case would have resolved, I can assure you it would have been the best result that could be obtained.

 

[LetJusticePrevail]

Bumping and I apologize RH as I know you don't think this is going to happen but it's been suggested. I'll go with it won't happen like you said but just wondering for $hit sakes, what if it did happen? Would it open the door for a strong case for KC to appeal based on a 'inconsistent counsel type thing'? What would then be considered a reasonable amount of time for a new dp-qualified attorney to be up to speed? TY to the 100th.

RH, what would be the repercussions if AL were 2 step down in your opinion & even though u feel it's a moot issue (she won't). Thanks!

Comment...2 me, JA has a quirkiness about him (facial expressions, etc) which make him really interesting to watch. 4 some reason, that quirkiness translate 2 a man who can't quiet a brilliant mind, always working. JA = my captured attention. Maybe others agree...maybe not.

 

[sleutherontheside]

Mr. Hornsby.....I find your signature quoting "Clarence Darrow" interesting considering the fact that AL teaches at the CD Death Penalty College. By chance, have you attended / participated in one of her seminars?

 

[Kentjbkent]

Bump.

?? :waitasec::waitasec:

 

[Blaise]

Bump.

Yer just bumpin' cause she sez she likes your pic.

Blaise (Excellent cheek bones! Dapper tie! His client is innocent!)

 

[whats the punch line]

Additional question..
Ms Lyon stated the DP should be reserved for serial killers..blah blah...

Do you think KC is capable of committing a similar act? Or was this a one time offence?

 

[Kentjbkent]

Richard,

To date, Jose Baez, A Lyons, Todd M and LBK are on record as defense counsel, correct?

Anyone else?

At any given point, can Todd M and/or LBK take their marbles and go home, or do they have to file a Motion to Withdraw as Counsel with the court?

Thanks!


(When I grow up, I think I want to go to law school!)

 

[mountaintime]

Regarding AL's attire...
I think there is a middle ground.
I appreciate that her clothes and hair are not foremost in her mind- that is a positive.
But..I also feel that her appearance is ...sloppy and unprofessional.
A plain suit that fits, shoes that don't cripple her. If she wants long hair, that is fine -her choice. But perhaps pinned up,and tidy. ( And I say this as one with long hair).

I find it distracting and distinctly off-putting.
Just my opinion....