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

[RR0004]

Obviously a new outfit was not provided for Casey to wear to this last hearing...my question is could her attorney have requested that she be allowed to iron her clothes before court? I have no idea how jail laundry service works but I would think there would be someway she could have gotten her top ironed before her court appearance last Friday. Or do you think that was done on purpose as some sort of poor me, look at me tactic?

RH answered this question previously. IIRC he stated that it's common practice for someone to drop off new clothes before a hearing and pick up previously worn clothes to launder. He stated what Casey wore last Friday had also been worn at the last hearing. When she finishes wearing it, it's stuffed in a paper bag; hence the wrinkles. I guess someone forgot to drop off clothes? HTH

ETA: Oh...and from what I've read here...JB was none too pleased about the blouse.

 

[hroark2112]

<buttkiss>I love your blog, it explains everything in a way I can wrap my plumber brain around. Thanks!!</buttkiss>

I know we're not at the point of jury selection yet, but as an attorney, I'd love to hear your take on the ideal juror you would attempt to fill the jury with from both a prosecutor's standpoint and a defense attorney's standpoint. Who would you pick?

Also, how many jurors total would you expect to see for a case like this? IIRC, there were 24 for the OJ murder trial, I'm sure they'd sit alternates in this trial.

Thanks in advance, and keep up the awesome blog!

 

[JBean]

crikey.

this is the Caylee Anthony forum. please make your questions relevant to legal questions regarding this case and please leave them for rhornsby to answer.
Thanks.

 

[wonders]

Mr Hornsby

If KC is found guilty and given the DP will she have to pay for any and all appeals?

 

[rhornsby]

Mr Hornsby

If KC is found guilty and given the DP will she have to pay for any and all appeals?

No, she is entitled to have an appellate attorney appointed to her if she cannot afford one.

 

[chefmom]

Mr. Hornsby, just how far will JB be allowed to go with saying "KC says this." and "KC says that." if he has no plans to put her on the stand? Will it be limited to only what she has sworn to in statements and interviews, or can he say whatever she may want conveyed without calling her as a witness? Thanks!

 

[rhornsby]

Mr. Hornsby, just how far will JB be allowed to go with saying "KC says this." and "KC says that." if he has no plans to put her on the stand? Will it be limited to only what she has sworn to in statements and interviews, or can he say whatever she may want conveyed without calling her as a witness? Thanks!

If we are talking about the actual trial, his opening statement should technically be based on what she will actually say in trial.

 

[Bittiness39]

JMO, but I think what will ultimately harm the defense (if KC is convicted) during the penalty phase of the trial is that I believe their assertion will be that KC was a scared, helpless, young lady with no other options. The reality was she was a non-working, grifter partier type who appeared to believe she would get her parents' house for free and pawned Caylee off to anyone who would watch her so KC could live her "life" such as it was.

My question, and I am sorry for all of the above verbal technicolor yawn...but if you were defending KC, and she was convicted, how would you address the jury during the penalty phase (assuming my hypothesis that KC will be convicted by a jury of her peers is valid).

 

[JWG]

I am curious as to how a prosecutor constructs as case before a jury. It seems the outline would be presented when opening statements are made, but how is the story weaved by the prosecution as they move from witness to witness?

For example, George's testimony would span multiple chapters in the prosecution's story. He could be questioned about computer searches. Casey's relationship with Cindy. Casey's relationship with Caylee. The "gas can incident." The last time he saw Caylee. The day he recovered the Pontiac. :slap:

A truly impartial jury unfamiliar with the case details will likely have trouble keeping facts straight. How does the prosecution lay things out so that they can be kept straight? :waitasec:

Or the defense for that matter? :argue:

What strategy or process is used to manage the court proceedings such that a jury can follow the arguments? :waitasec:

 

[kushka]

The thing that has always bothered me about the defense is how it is being financed. KC hasn’t worked in years and the A’s were in debt when this all started and now, the A’s have not worked for a year, and KC has high profile lawyers and experts. How is this possible? Do you have any idea?

 

[rhornsby]

The thing that has always bothered me about the defense is how it is being financed. KC hasn’t worked in years and the A’s were in debt when this all started and now, the A’s have not worked for a year, and KC has high profile lawyers and experts. How is this possible? Do you have any idea?

No, it bothers me too. Because other than Pro-Bono, I can think of few ethical ways they could take on this case properly.

 

[rhornsby]

I am curious as to how a prosecutor constructs as case before a jury. It seems the outline would be presented when opening statements are made, but how is the story weaved by the prosecution as they move from witness to witness?

For example, George's testimony would span multiple chapters in the prosecution's story. He could be questioned about computer searches. Casey's relationship with Cindy. Casey's relationship with Caylee. The "gas can incident." The last time he saw Caylee. The day he recovered the Pontiac. :slap:

A truly impartial jury unfamiliar with the case details will likely have trouble keeping facts straight. How does the prosecution lay things out so that they can be kept straight? :waitasec:

Or the defense for that matter? :argue:

What strategy or process is used to manage the court proceedings such that a jury can follow the arguments? :waitasec:

That is why opening statements are so important, in complex cases like this; it allows the attorneys to explain how the evidence should come out and how the evidence is related to the case. Basically a roadmap to the case.

 

[jandkmom]

How is it determined who will do the opening and closing statements in the case?

 

[rhornsby]

Not to beat a dead horse, (but I am anyway), I find Andrea Lyon's appearance down to earth, folksy, focused on what matters, and remarkable in a sea of suits; as evidence, we keep remarking on her appearance, which means she stands out. I think it is total strategy. I imagine as a newbie juror I would fall for it, think she can be trusted, cuz geez, she's so much like me (or I can feel prettier than her).

Of course, the genius thing would turn me right off, but I imagine with a jury she appears all heart.

Interesting...

 

[Hell's Belle]

If we are talking about the actual trial, his opening statement should technically be based on what she will actually say in trial.

Can the State include references to Casey's admissions against interest in its opening statement if those are expected to be introduced? If so, could Casey's attorney include references to Casey's excited utterances and so in the defense opening statement even if they are not intending to call Casey?

If you were defending this case would you put Casey on the stand? Do you think her actual defense team will do so?

 

[nostoneunturned]

When the hearing was going on their was a motion to not allow a statement by someone..I never caught the name...but both the state and Biaz agreed to not admit it...WHAT was that all about ???

 

[RR0004]

No, it bothers me too. Because other than Pro-Bono, I can think of few ethical ways they could take on this case properly.

Can you explain this in more detail? How do ethics come into play here?

What was the courthouse scuttlebutt after Judge S. filed a complaint with the Bar?

 

[Patty G]

Brad Conway stated on the "Today Show" this morning that a judge blocked the release of jail videos. Although Brad never mentioned the Judge, County or State, my question is: "have you heard of this blocking of releasing of jail videos in the state of Florida?"

Adding the Today Show video for reference to what Brad stated.
http://www.youtube.com/watch?v=U203DAkqUgM

 

[Tracey276]

Mr. Hornsby,

I was wondering if anyone else besides KC Anthony were charged with the exact same economic crimes, what do you believe the sentence would be? I believe any other defendant would have worked these charges out through a plea deal.

Have you ever had a client charged with similar charges and what was the sentence?

Somehow it seems to me, (taking out all my bias and dislike for KC out of the equation here) someone else with those charges would probably have gotten probation. Or do you think there would be some jail time?

 

[Tulessa]

Brad Conway stated on the "Today Show" this morning that a judge blocked the release of jail videos. Although Brad never mentioned the Judge, County or State, my question is: "have you heard of this blocking of releasing of jail videos in the state of Florida?"

Adding the Today Show video for reference to what Brad stated.
http://www.youtube.com/watch?v=U203DAkqUgM

He was referring to a *similar* murder case. As he stated. Not sure what state though.