"Second Motion To Preclude Death Procedures for Impermissable Prosecutorial Motives"

[gamom]

I just don't see how they can keep going back to this issue - hasn't it already been resolved? Do none of Strickland's rulings apply now that he has stepped down? I don't get it.

It's my understanding the defense gets a complete do over and can resubmit all of the motions that they felt were denied due to basis. But I am not sure. I am just wonder if that means we can try to get the jail house tape video relased now???

 

[gamom]

This was not a home run. The DP is not off the table. So far, all he's done is point.

ITA...Thanks for posting

 

[TotallyObsessed]

O>>>>>M>>>>>G>>>>> - must go read this but have to say "soooo...what? only rich defendants should ever be charged with death penalty?"

 

[TotallyObsessed]

O>>>>>M>>>>>G>>>>> - must go read this but have to say "soooo...what? only rich defendants should ever be charged with death penalty?"

I don't think I can take much more of this circus......:banghead::banghead::banghead::furious::furious::banghead:

 

[Paintr]

Your post makes a lot of sense. That is why the defense is delaying the trial. (the more time served, the better) Also, it makes sense why Mason says he will walk out of this trial arm and arm with KC. I took it to mean that she would be found innocent, but it could very well mean that she would get time served.

I would love to see the new judge just slap down this new motion and keep the DP on the table.

I do not think that Mr Mason is just his 'good ol' boy' exterior. He has played this game for a lot of years, and I think has developed his outward persona to suit what, in his opinion, gets the job done. Underneath he could be a shark. Remember his early words to Judge S about the judge being able to trust him. Shortly after, the defense filed to have His Honour removed.


Mr Mason wouldn't have 'stepped up to the plate' in the first place if he didn't already have a plan to take advantage of some loophole or some perceived weakness to achive the results he boasted about. And, make no mistake, for Mr Mason, the 'ball game' started the minute he first ambled into Judge S's courtroom and Mr Mason is definitely studying the players on the opposing team and he is also definitely keeping score. Mr Mason is no Mr Baez. Moo!

 

[beach]

It's my understanding the defense gets a complete do over and can resubmit all of the motions that they felt were denied due to basis. But I am not sure. I am just wonder if that means we can try to get the jail house tape video relased now???

BBM

No, we won't be revisiting that. ONLY the defense is allowed to ask for reconsideration of motions they filed that were DENIED. JS granted that request, so they must not have thought he was too prejudicial on that issue.

The SA will not be granted the luxury of asking for reconsideration of their denied motions. JS recused himself based on the defense motion alleging that he was biased in favor of the prosecution.

 

[heatherhope]

I can't wrap my mind around the defense's claim that the prosecution filed the notice to seek the death penalty just because they don't want Casey to have the right to the lawyer she chooses. What the hell about Justice for Caylee? Did it ever cross their minds that was the reason the death penalty was put back on this case?

How much more self centered can they get? What about Caylee?:waitasec:

I'm curious to see, why they think Casey is that special. It sounds like, after reading parts of the motions here and comments, that the State is out to get Casey for some reason. I'm trying to figure out what Casey has that makes her such a target, other than the crime she committed. And may I add, to her own daughter, a child who could not defend herself.

 

[uhohnogo]

I really hope we can get some lawyers' feedback/opinions on these new death penalty motions.

I agree with whomever said Mason's objective is to keep reducing the charges. If they can get the death penalty off the table then they may possibly get some of the other charges reduced and she can plea. If she doesn't plea, she will go to trial. The defense will hope she gets aquitted on some of the charges (even if convicted of others). Then they will appeal and if she gets a new trial, she won't be able to be tried again on the charges she was aquitted on. So they will then be dealing with fewer charges. The process will start all over again- trying to get the remaining charges reduced or dropped or maybe even a plea made, going to trial, hoping to be aquitted on some of the charges remaining, appeal, new trial. Of course it doesn't always HAPPEN that way (the defense can't count on getting a new trial), but sometimes it's a process of whittling away at the charges until you don't have much left.

 

[Paintr]

Isn't there a bit (okay, well maybe a lot) of the cart going before the horse going on here? I'm really tired of these motions, what with the trial not even expected to begin until next year. I hope this new judge will put a stop to all of this nonsense somehow...

A lot of important deciding goes on before the trial ever starts(what is allowed as evidence, which expert says what, which witness changed their words during depos, ect) The jockying for advantage has already begun.

 

[LinasK]

I really hope we can get some lawyers' feedback/opinions on these new death penalty motions.

I agree with whomever said Mason's objective is to keep reducing the charges. If they can get the death penalty off the table then they may possibly get some of the other charges reduced and she can plea. If she doesn't plea, she will go to trial. The defense will hope she gets aquitted on some of the charges (even if convicted of others). Then they will appeal and if she gets a new trial, she won't be able to be tried again on the charges she was aquitted on. So they will then be dealing with fewer charges. The process will start all over again- trying to get the remaining charges reduced or dropped or maybe even a plea made, going to trial, hoping to be aquitted on some of the charges remaining, appeal, new trial. Of course it doesn't always HAPPEN that way (the defense can't count on getting a new trial), but sometimes it's a process of whittling away at the charges until you don't have much left.

On what grounds would the DP be removed????

And there is absolutely no reason to remove the DP at this point. The body has been recovered, they know who the killer is, even if Casey were to confess at this point (which she never will), there is nothing to gain by removing the DP. There is no bargaining chip! There will be NO plea deal,:banghead: it's a moot point people!

 

[heatherhope]

I really hope we can get some lawyers' feedback/opinions on these new death penalty motions.

I agree with whomever said Mason's objective is to keep reducing the charges. If they can get the death penalty off the table then they may possibly get some of the other charges reduced and she can plea. If she doesn't plea, she will go to trial. The defense will hope she gets aquitted on some of the charges (even if convicted of others). Then they will appeal and if she gets a new trial, she won't be able to be tried again on the charges she was aquitted on. So they will then be dealing with fewer charges. The process will start all over again- trying to get the remaining charges reduced or dropped or maybe even a plea made, going to trial, hoping to be aquitted on some of the charges remaining, appeal, new trial. Of course it doesn't always HAPPEN that way (the defense can't count on getting a new trial), but sometimes it's a process of whittling away at the charges until you don't have much left.

Can't Casey plea out even with DP on the table? The guy in California, got to plea out for life, and the DA said they were going for the DP. Well the family wanted answers instead of the DP. But still, I would assume that Casey could still try to plea for life instead of the DP if she made a full confession. Or am I watching too many Lifetime movies??? :waitasec: (I just saw the smileys, pretty neat)

 

[LinasK]

Can't Casey plea out even with DP on the table? The guy in California, got to plea out for life, and the DA said they were going for the DP. Well the family wanted answers instead of the DP. But still, I would assume that Casey could still try to plea for life instead of the DP if she made a full confession. Or am I watching too many Lifetime movies??? :waitasec: (I just saw the smileys, pretty neat)

No, not a lawyer, but not in my understanding... Just because she might plead Guilty, would only spare her a jury trial, not the penalty. And I really don't see the prosecution offering her a plea deal, they don't need it. They have the body, they have a ton of evidence all pointing to her.

 

[heatherhope]

O>>>>>M>>>>>G>>>>> - must go read this but have to say "soooo...what? only rich defendants should ever be charged with death penalty?"

You know, I didn't even think of that when I read what was said here. You are so right, it does sound like the defense is saying that because Casey can't afford her defense that she shouldn't be charged with the DP. But isn't this the same defense that said they wanted Casey to be treated like everyone else?

 

[uhohnogo]

Can't Casey plea out even with DP on the table? The guy in California, got to plea out for life, and the DA said they were going for the DP. Well the family wanted answers instead of the DP. But still, I would assume that Casey could still try to plea for life instead of the DP if she made a full confession. Or am I watching too many Lifetime movies??? :waitasec: (I just saw the smileys, pretty neat)

I don't know the rules of pleaing, death penalty, etc. But, I think that Mason (et. all) are probably trying to get the death penalty off the table as the first objective. Once it's not a capital case, they can work on either making a deal or creating a defense. I don't think they would be happy making a deal for Life in Prison. I think (and it's just my opinion) it's going to be Mason's chance to showboat and try to show what he can do, as a lawyer.

I only know that sometimes the strategy is to whittle down the charges through a trial, appeal, new trial process. My brother had a criminal trial for drug related offenses, and that was the strategy of his lawyer. He had a trial, was convicted on some of the charges and aquitted on others. His lawyers appealed, he got a new trial and the process started all over again, except this time he had far fewer charges to be tried on because he had been aquitted on a few of the big ones in his first trial. Fewer charges means less of a penalty if convicted. My brother was convicted of some charges and aquitted of others in this second trial. His lawyers appealed, the judge threw the case out, and we are waiting to find out if the SA will take him back for a third trial.

 

[Pensfan]

New death penalty motions? Hmmmm....
Kind of makes me miss those old Wild West movies...."GET THE ROPE!"

 

[beach]

Can't Casey plea out even with DP on the table? The guy in California, got to plea out for life, and the DA said they were going for the DP. Well the family wanted answers instead of the DP. But still, I would assume that Casey could still try to plea for life instead of the DP if she made a full confession. Or am I watching too many Lifetime movies??? :waitasec: (I just saw the smileys, pretty neat)

Short answer - A plea agreement is just that - an agreement. Specifically, an agreement between the State of Florida and the defense. The SA would have to agree to put their offer back on the table. She had that option at one time (before Caylee's remains were found) and refused the offer.

Keep in mind, one of the charges that the jury can consider is Aggravated Manslaughter of a Child. (Most likely if the jury believed it was an accident). Even defense attorney Hornsby stated that a conviction on that charge would still sentence her to 30 yrs.

IMO, IF (BIG IF) the SA would reconsider a plea, I believe the best offer would be LWOP. That is just my opinion, though.

 

[heatherhope]

Can the judge not accept the plea agreement? Or not accept the punishment from the state? So lets say Casey pleas out and the state and the defense agree to 40 years with parole, can the judge say no, and sentence her to 50 years with no parole?

OR

Lets say Casey goes to trial, gets convicted, then the jury convicts her with the DP after the penalty trial. Can the judge say no to the death penalty and give Casey life with no parole?

I'm wondering how much power the judge has with what the punishment is in this kind of case?

Sorry for so many questions, for me legal stuff is hard to sift through and understand.

 

[LinasK]

Can't Casey plea out even with DP on the table? The guy in California, got to plea out for life, and the DA said they were going for the DP. Well the family wanted answers instead of the DP. But still, I would assume that Casey could still try to plea for life instead of the DP if she made a full confession. Or am I watching too many Lifetime movies??? :waitasec: (I just saw the smileys, pretty neat)

Which guy in CA? Hans Reiser? He gave up the body after conviction. Casey didn't do that, neither did Scott Peterson.

 

[logicalgirl]

Can the judge not accept the plea agreement? Or not accept the punishment from the state? So lets say Casey pleas out and the state and the defense agree to 40 years with parole, can the judge say no, and sentence her to 50 years with no parole?

OR

Lets say Casey goes to trial, gets convicted, then the jury convicts her with the DP after the penalty trial. Can the judge say no to the death penalty and give Casey life with no parole?

I'm wondering how much power the judge has with what the punishment is in this kind of case?

Sorry for so many questions, for me legal stuff is hard to sift through and understand.

Welcome!

Did you see our Legal Questions for our Verified Lawyers Thread?
Some of your more complicated legal questions can be answered over there. AZLawyer is real great to us so no worries that your question might not be important enough or sound "dumb". Most of us are at the same knowledge level as you are when it comes to legal stuff.

 

[heatherhope]

Which guy in CA? Hans Reiser? He gave up the body after conviction. Casey didn't do that, neither did Scott Peterson.

It's a recent case, the rape and murder of two San Diego teens. I feel so bad I can't remember names.