S.A. Concerned Defense will Sell Pics of Caylee's Remains

[bunnyphoenix1]

Perhaps one of our lawyer friends could help us, but I don't believe that's true. The prosecution is required to turn over everything they intend to use at trail, in a timely manner. How can the defense be expected to ask for things that they may not know exist?

Where I come from, defence lawyers have similar problems with disclosure. If you hit a good prosecutor, it comes in a timely fashion and you can rest assured you have it all....other times, you have to go on a fishing expedition with subpoenas to try and get the stuff you need. IMO, they should be handing over all relevant materials as quickly as is reasonably possible, keeping in mind some of the evidence might relate to ongoing investigations. Not just in fairness, but I also think it's very important that they appear to be fair. I want her prosecuted fairly...they don't have to cheat to win this one!

 

[Chilly Willy]

Where I come from, defence lawyers have similar problems with disclosure. If you hit a good prosecutor, it comes in a timely fashion and you can rest assured you have it all....other times, you have to go on a fishing expedition with subpoenas to try and get the stuff you need. IMO, they should be handing over all relevant materials as quickly as is reasonably possible, keeping in mind some of the evidence might relate to ongoing investigations. Not just in fairness, but I also think it's very important that they appear to be fair. I want her prosecuted fairly...they don't have to cheat to win this one!

Thank you, Bunny. The question seems to be whether the prosecution is obligated to turn anything over at all if the defense doesn't specifically request each and every item.

 

[bunnyphoenix1]

Thank you, Bunny. The question seems to be whether the prosecution is obligated to turn anything over at all if the defense doesn't specifically request each and every item.

Where I come from they are "required" to hand over anything they are relying on at trial and anything which may assist the Defence, and the Defence can subpoena anything beyond that which they can establish has a legitimate forensic purpose. In my experience, there are prosecutors that do not always comply with those requirements and some Judges that make it difficult for the Defence to get materials from the prosecutors. It's a pet peeve of mine, and I sure hope they are not doing it here.

It would be good if a Florida lawyer could help us out on the prosecutor's disclosure requirements there.

 

[MADJGNLAW]

If I recall correctly, the State had 14 days to turn over the evidence or respond to the order the signed by the Judge. Like I said, I am going by memory, so I might be wrong, but that is how I remember it being said when it was announced.

If that is the case, then how is the State, at this point, withholding evidence from the defense team?

I had mentioned that earlier. It was Dec 23 that the Judge told the SA they had 2 weeks to turn it over. If you exclude weekends and Holidays the date for the SA to turn over the doc's would be Jan 12?

 

[JaneInOz]

I don't understand any of this
Why are they trying to put a hold on the photos xyrays etc
http://www.orlandosentinel.com/news/local/breakingnews/orl-bk-casey-anthony-010709,0,7673697.story
According to this article

The state doesn't want Baez to be able to copy, print or reproduce the images -- including sending them in the mail or over the Internet. And prosecutors want to ensure the photos remain with Baez and in the courts' jurisdiction. And defense experts must view them in Baez's presence. Baez argued in his two-page motion that most of the defense experts who would review the images are out of state. And he points out that the state's experts were allowed to take samples out of the state, including labs in Indiana and Virginia.

Jose Baez wrote in a motion that restrictions will place an undue burden - both logistically and financially - on the defense. The issue will be addressed Thursday at a hearing before Orange Circuit Court Judge Stan Strickland, who had previously ordered the state to release the images to Baez by this week.

I can totally understand that and see it as being fair and reasonable. (as in Defence stating undue burden)

If the prosecution is so dead sure that they have a winner of a conviction why are they making things difficult ?

I always believe that there is always more to a story that what appears to be.......

I think there is some smoke and mirrors going on here from the prosecution side....

Why cant the judge instead put a Massive Fine on ANY photos published of Caylees Remains and xrays ?
something like $50 million dollars or higher ! enough to bankrupt any magazine newspaper tv station that does it ?

Wouldn't that be better ?

Sadly there are photos etc of autopsies / dead bodies all over the internet. It doesn't necessarily mean that people that view them are macabre and desensitized. There is just something in human nature that has some sort of fasincation with death.
And they want to see things for themselves.


Ive seen plenty of posts with regards to this case of "show me show me where is the link where is the photo where is that etc" when things have been discovered - the body for one...

I put myself on the sword here by saying and I bet there are MANY on here who would want to see the remains.

NO Money should be made off pictures from the remains of ANY PERSON. There should be a automatic fine MASSIVE as I said placed over them

But they shouldn't make it harder for the defence to examine photos xrays etc....

Then there will be questions of unfairness.............................

JMO

 

[cocoamom]

I supposed that if the photos etc HAVE to be released and COULD be sold it would be good to see them released with the Sunshine Law or directly to the public/media and hit the internet immediately thus spoiling any "payment" for photos and any income for whatever parties might think it is acceptable to receive in the wake of a baby's MURDER! Everyone will have already seen them so no reason for a business to need to buy them!

The whole idea is just beyond imaginable to me - that this sort of immoral action would even be considered by ANYONE or any business, media outlet, rag mag etc!! The morals, pride and decency of this country in recent decades just FLOORS me.

There would be NO money to be made if there were NO market for the material!!!!!! Last sentence not my opinion, this is fact - Business 101.:furious::bang:

 

[TURBOTHINK]

Did you see on NG where Baez had tried to sell an interview with Casey for $500,000?

I would bet money he is shopping those pictures.

 

[Chilly Willy]

Did you see on NG where Baez had tried to sell an interview with Casey for $500,000?

I would bet money he is shopping those pictures.

Didn't they say on NG that Baez had successfully sold pics of Caylee to help pay his bill? Was there any mention of who those pics were sold to?

 

[TruthSeeker]

You probably should have posted that to the rant thread. The topic here is the SA being concerned pics will be sold.

"I have found it very odd and scary they way LE has released the VOLUMES of documents designed to prejudice the public against KC. I find it very odd and scary the way they are trying to hold back and/or delay the release of evidence that the defense is entitled to. Why?"

Sorry to quote myself, but this IS related to the subject in my opinion. The prosecution has held up turning over their discovery many times in this case and forced the defense to go to court to get it. I feel that this is another instance of blocking the right of the defense to have access to that information. The judge gave the prosecution 14 days to turn the autopsy results over to the defense. The prosecution now has blocked that by bringing up this (IMO) bogus worry. Why are they doing this? Dr. Baden has never done anything to ever suggest he would sell this info! It is a stall tactic by the prosecution once again!

 

[TruthSeeker]

Actually the state has to maintain a series of strict rules called "chain of custody" on any evidence. And if any evidence should somehow escape their physical custody then the evidence is pretty much worthless as far as trial is concerned- because the defense will object due to the possibility that tampering could have occurred.

Basically the SA is only asking of the defense to follow the same rules that the SA and LE must follow.

What??? They are not going to turn over the actual physical evidence, only copies of the Xrays, reports, etc.

 

[Chilly Willy]

"I have found it very odd and scary they way LE has released the VOLUMES of documents designed to prejudice the public against KC. I find it very odd and scary the way they are trying to hold back and/or delay the release of evidence that the defense is entitled to. Why?"

Sorry to quote myself, but this IS related to the subject in my opinion. The prosecution has held up turning over their discovery many times in this case and forced the defense to go to court to get it. I feel that this is another instance of blocking the right of the defense to have access to that information. The judge gave the prosecution 14 days to turn the autopsy results over to the defense. The prosecution now has blocked that by bringing up this (IMO) bogus worry. Why are they doing this? Dr. Baden has never done anything to ever suggest he would sell this info! It is a stall tactic by the prosecution once again!

If the prosecution had concerns about the defense experts selling images, why didn't they file this motion right away? Why wait 2 weeks when they knew there was some urgency to the matter?

 

[Chilly Willy]

What??? They are not going to turn over the actual physical evidence, only copies of the Xrays, reports, etc.

Correct. 3 discs worth.

 

[TruthSeeker]

I don't understand why Baez has to file motions to get all of this info? I am not that crazy about him but why isn't the prosecution releasing this info to him? Why are they dragging their feet on everything. That doesn't seem right to me and it doesn't seem right that JB has to file a motion for every single thing. He is entitled to all of it as soon as the prosecution has results. Shame on the prosecution for holding back all this stuff.

Exactly! It appears to me that they are walking a thin line that may come back to haunt them later on! I have NEVER seen the LE do this in any other case I have followed. It seriously makes me question what evidence they DO have (other than inflaming the public/jury pool against the Anthony's) for trial!

 

[impatientredhead]

Perhaps one of our lawyer friends could help us, but I don't believe that's true. The prosecution is required to turn over everything they intend to use at trail, in a timely manner. How can the defense be expected to ask for things that they may not know exist?

http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/BDFE1551AD291A3F85256B29004BF892/$FILE/CRIMRules.pdf?OpenElement

Discovery rules in a criminal case for Florida start on page 83.

 

[anastacia129]

This is a waste of time trying to explain this, but I'm going to try one more time -

.

snipped

But, is it a HUGE waste? :waitasec:

 

[anastacia129]

Anybody think that maybe there is a good reason why they filed the motion? We don't really know, I'm guessing it's not to stop the release of the photos to the defense, b/c they have to turn those over eventually. Far as I know, nobody has denied the accusation, just a lot of whining about the motion.

 

[JaneInOz]

"I have found it very odd and scary they way LE has released the VOLUMES of documents designed to prejudice the public against KC. I find it very odd and scary the way they are trying to hold back and/or delay the release of evidence that the defense is entitled to. Why?"

Sorry to quote myself, but this IS related to the subject in my opinion. The prosecution has held up turning over their discovery many times in this case and forced the defense to go to court to get it. I feel that this is another instance of blocking the right of the defense to have access to that information. The judge gave the prosecution 14 days to turn the autopsy results over to the defense. The prosecution now has blocked that by bringing up this (IMO) bogus worry. Why are they doing this? Dr. Baden has never done anything to ever suggest he would sell this info! It is a stall tactic by the prosecution once again!

Its very similar to what I wrote

I share a similar view to you Truth Seeker!

 

[TruthSeeker]

They aren't supposed to have to. They get discovery as prosecution is ready to release it.It seems that JB files for each piece to get publicity and to make it seem like prosecution is not doing the right thing. They (SA) are doing the right thing and generally there is no time limit (or not much - they can't just give it the last few days before trial for example) and the SA does not have to release things that are still under active investigation. Regarding JB's most recent list, we don't know that any of that isn't still under investigation.

Link please?

 

[Bev]

yes, apparently it is a huge waste of time.

 

[Chilly Willy]

http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/BDFE1551AD291A3F85256B29004BF892/$FILE/CRIMRules.pdf?OpenElement

Discovery rules in a criminal case for Florida start on page 83.

Thank you.