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

[rhornsby]

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!)

Florida Rule of Judicial Administration 2.505(f)(1) states: The appearance of an attorney for a party in a proceeding shall terminate.. by order of court, where the proceeding is continuing, upon motion and hearing, on notice to all parties and the client, such motion setting forth the reasons for withdrawal and the client’s last known address.

 

[Dear Prudence]

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.

Did you know that Jose Baez has been nicknamed Juannie Cochran by the other members of the defense team? It was reported here: http://www.wftv.com/video/20205909/index.html

Kathi Belich states that Jose assisted Johnnie Cochran in research on a case once, and that connection is how Jose got Henry Lee, Linda Kenney-Baden, Andrea Lyons and Todd Macaluso for Casey's team.

Do you think Jose compares in any way to Johnnie? Do you think this trial will be as helpful for Jose's career as OJ's trial was for his attorney's careers?

 

[rhornsby]

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?

Why does my opinion matter. I am a criminal defense attorney, not a psychologist, nor am I clairvoyant.

But for what my opinion matters as an average citizen, I believe all people should be punished "appropriately." And as a citizen I do not think that KC should get the death penalty - I am not even sure that life would be appropriate based upon what I have seen, but I would have no problem with 25 years. And that is probably because I don't think she would do such a thing again.

But at this point, any further discussion would be over a difference of moral opinion, not the law.

 

[rhornsby]

Did you know that Jose Baez has been nicknamed Juannie Cochran by the other members of the defense team? It was reported here: http://www.wftv.com/video/20205909/index.html

Kathi Belich states that Jose assisted Johnnie Cochran in research on a case once, and that connection is how Jose got Henry Lee, Linda Kenney-Baden, Andrea Lyons and Todd Macaluso for Casey's team.

Do you think Jose compares in any way to Johnnie? Do you think this trial will be as helpful for Jose's career as OJ's trial was for his attorney's careers?

Jose Baez is a moron, that is both my professional and personal opinion.

 

[Dear Prudence]

Jose Baez is a moron, that is both my professional and personal opinion.

LOL
I'll take that as a no, Jose is in no way like Johnnie.

 

[Muzikman]

• 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.

A pre-trial conference on July 7, 2009. Not long after Andrea joined the team. The vid is about 6 minutes long.

Here's the raw video:
http://www.wftv.com/video/19982935/index.html

And the story:
http://www.wftv.com/news/19979145/detail.html

"ORLANDO, Fla. -- Eyewitness News was the only station at the Orange County courthouse Tuesday when prosecutors and Casey Anthony's defense team met with Judge Stan Strickland to discuss Casey's trial date. In the morning meeting, Judge Strickland pushed back the original October 12 trial date to January 21."

<Snip>

 

[cyberborg]

My intuition is that someone helped her dispose of the body, but lately I have been second guessing that suspicion.

If KC had any help to dispose of Caylee surely the remains would not have been around the corner on Suburban in her childhood haunts but in the mountains, alligator alley or, out to sea? -- never to be found. KC hasn't strayed much outside of Orlando.

 

[Kentjbkent]

Mr Hornsby,

This question goes to KC's mental state.

In the LE interview, Amy H. stated that on the evening of July 15th, as she and CA were driving to TL (boyfriend) house to get KC, CA warned Amy that KC is a sociopath.

I am not sure if you read other threads on this forum, but there has been much research and discussion and it does appear that KC's actions, demeanor, statements strongly resemble those of a sociopath and at least to me, explains how and why this mother could kill without remorse.

As seen by some postings here, I think one of the obstacles of the prosecution will be trying to explain to the jurists how it is possible that this young mother could kill her child (motherly love). It seems that is what some here are still struggling with (cannot fathom that a mother could actually be so unattached to their child).

Assuming, in trial, if and when Amy H is on the stand being questioned about that ride on the night of the 15th, SA elicits this information about CA's comment from Amy, and then questions CA as to when and if there was a diagnosis or suggestion of such (suspicion is that therapist that CA was seeing who suggested she sue for custody of Caylee may have suggested diagnosis to CA), would this be beneficial to the prosecutor's case to explain to the jurors at least the mental frame of mind of Casey and how it is possible for a mother to be so unattached emotionally to her child?

Just wondering if that door would be opened by testimony of Amy H, followed by testimony of CA, and possibly psych expert to explain sociopathic behavior to jurors?

 

[cecybeans]

RH - there is a specific demographic, I'd imagine, that is more susceptible to abolitionist rhetoric in a murder case, regardless of if they say they are not against the DP. Given that, and the fact that a DP qualified jury is likely to fit another profile, how do you think AL's presence and her experience with DP trials will alter the typical voir dire process? In other words, regardless of the venue, what juror profile would she tend to consider optimum for her purposes?

 

[wenwe4]

RH, I apologise if you have already answered this, I have read all of the posts in all of the threads but I have forgotten if you addressed this previously. Wondering if the psych eval was court orderred in this case, will it be included as part of the open record? I understand HIPPA comes into play here, however - the Judge felt it was warranted to order the eval - so is there anything to become of the findings? Can they be released without the defense going after an "insanity plea"? Maybe it will be included in the "ugly coping" defense. Any thoughts? TIA! BTW, is your new spouse also following this case - as I imagine it kinda ruins the moment on your honeymoon to check WS, unless your sweetie is as interested as we are or maybe just extremely tolerant.

 

[rhornsby]

Bold mine.

ITA with you. Also, someone posted earlier that Ashton just read his speech...I rewatched and saw that he put his glasses on, looked at his notes, then removed the glasses and spoke from his heart.

Many defense attorneys were formerly prosecutors. You don't become a prosecutor, and stay until you are a grey-haired prosecutor just for the money.

I don't think Jeff Ashton gives a hoot about money (not that he makes bad money considering he has been with the State nearly 25 years). If he went private, I have no doubt he would be one of the best defense attorneys in town.

As for his speech, of course he had it prepared in advance. It is obvious he has been wanting to unload on the Baez Buffoonery machine for some time now - and he did just that, in nearly perfect fashion.

 

[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

See my most recent blog post for what was likely discussed.

Casey Anthony Gets a Reality Check

 

[mydailyopinions]

Mr. Hornsby,
I have wondered for the last several weeks about evidence the FBI could have in their possession that has not been released. At this point, I am not sure if they have anything, or if they do, they are not required to give out what they have.
My question to you is this..
Have you ever went to into trial with a client whom the FBI has evidence against only to hear about their evidence in trial itself and not through discovery?

I keep telling myself that the FBI is the one holding the bombshell on this case..
Any thoughts?

 

[whats the punch line]

In any capital case in Fla., if a jury does recommend the DP, can a Judge disagree with the recommendation, and impose a more lenient sentence?

Thanx...

 

[whats the punch line]

You have indicated that Judge Strickland will impose a sentence of time served (the year-ish) which KC has already been incarcerated. Thus, for that crime, her debt to society is paid. But, she isn't going any place, any time soon, is she?

Won't Orange County will continue to hold KC until her capital trial?

My example is my nephew was (he plead out) charged and sentenced to 12 years in prison for 1st degree attempted murder (What a useless piece of (insert your choice here)) in Cook County but remained in Dupage County holding until his second trial in that venue for another charge of attempted 1st degree murder ( repeat your choice here). After he plead out on that, they sent him to big boy prison. He didn't go any place until after the second trial. (he could have been bonded out before the first trial, but none of us wanted him out, obviously)

 

[Patty G]

I may have worded my question wrong. Say Casey is in jail 18 months and she is found guilty of the check fraud charges. The judge gives her 5 years minus time served. Exactly how much would be taken off the 5 year sentence?

Bumping my question up for Richard.

 

[rhornsby]

You have indicated that Judge Strickland will impose a sentence of time served (the year-ish) which KC has already been incarcerated. Thus, for that crime, her debt to society is paid. But, she isn't going any place, any time soon, is she?

Won't Orange County will continue to hold KC until her capital trial?

My example is my nephew was (he plead out) charged and sentenced to 12 years in prison for 1st degree attempted murder (What a useless piece of (insert your choice here)) in Cook County but remained in Dupage County holding until his second trial in that venue for another charge of attempted 1st degree murder ( repeat your choice here). After he plead out on that, they sent him to big boy prison. He didn't go any place until after the second trial. (he could have been bonded out before the first trial, but none of us wanted him out, obviously)

Yes, she will continue to remain incarcerated on no bond in the capital case.

 

[rhornsby]

In any capital case in Fla., if a jury does recommend the DP, can a Judge disagree with the recommendation, and impose a more lenient sentence?

Thanx...

A judge can disagree and impose a life sentence, it happens frequently (as does a judge overriding a recommendation of life and imposing death).

 

[logicalgirl]

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

I'm going to take a try at answering this because I don't see anyone who has brought up something similar. Ms. Lyons is attached to a university and writes many papers on the death penalty. She has declared that she is a genius. I think her messy, downright sloppy appearance is part of that reverse snobbery that comes with higher education. "I am much too intelligent to stoop to something so unimportant as personal appearance". What is important in the world is what they think - to pay any attention to appearance is almost considered disloyal or inferior to the academic. Check out most university profs - they look like they've been dumpster diving.

 

[Tulessa]

If KC had any help to dispose of Caylee surely the remains would not have been around the corner on Suburban in her childhood haunts but in the mountains, alligator alley or, out to sea? -- never to be found. KC hasn't strayed much outside of Orlando.

Not during the time frame that caylee was missing though.