State files motion to proceed with check fraudUPDATE CASE TO BE SCHEDULED

[RR0004]

The following is an excerpt from the website of the Office of the Florida Attorney General, Bill McCollum.

A Guide for Victims
From the
Office of Statewide Prosecution

<Respectfully snipped.>

Common Questions Asked by Victims

<Respectfully snipped.>

How long will the process take?

The defendant has the right to a speedy trial, within 180 days (six months) of the time he/she is arrested and/or charged by information or indictment. During this time the defendant must be arraigned, discovery must be conducted (the process whereby the defendant, through his or her attorney examines evidence and witnesses the State will present at trial), pretrial motions must be heard, plea negotiations will be held, and a trial or plea and sentencing will take place. However, the defendant can waive speedy trial if he or she needs more time to prepare the case. Therefore, some cases may take more than 180 days to resolve.

According to the Constitution, victims also have a right to a speedy trial, but only to the extent that this right does not interfere with the constitutional rights of the accused. A time period for the victims right to a speedy trial has not been defined by the law. [Emphasis added by highlighting in blue and red.]
http://myfloridalegal.com/pages.nsf/Main/e99f7f48df3b5d7485256cca0052aa0f



Speedy trial for KC was 180 days from her original arrest on the economic crimes. For the victims, the right to a speedy trial cannot trump a defendant's right to effective assistance of counsel, a 6th Amendment right to counsel. There is no "bright line" of 180 days to measure a victim's right to a speedy trial.

I'm not going to booo yet, JS asked for Amy's request for a reason. I guess now we'll hear from the defense, once again, how it will cast a bad light on poor Casey.

 

[essies]

Playing devils advocate here. If this is the defense Ms. Casey plans on using... I would say... when a "friend" gives you money they usually give it to you in cash or write the check themselves, rarely do they say, oh just write the check yourself and sign my name while your at it... oh, and go ahead and take out all I have left in my account.

But, you may be right, this sounds like one of the only defenses available considering they have her on video cashing the check and shopping with the money from said check. It's not a question of DID she do it, obviously she did.

I think KC would also be asked why she never mentions in texting AH that she forgot to leave the money and the agreed upon plan to use the checks instead! But, as you say, this may be the only defense KC can offer. But, doesn't that mean KC has to take the stand to state such a defense? :waitasec:

 

[jcamille]

It's not a question of DID she do it, obviously she did.

Bingo - Her defense can't argue that she didn't do it, because the evidence is overwhelming. So now, they have to come up with a plausible story as to why she did take the money by saying she was "entitled" to it or she was "owed" the money.

I seriously don't think she can go with the "lie and steal to get Caylee back" story because of the fact that she bought beer and bras and paid her phone bill with the money.

I personally think she should just plead guilty because she's not getting out any time soon so why would she put herself through the check fraud trial.

Oh wait.....she would do it for the attention. Silly me....for a moment I forgot that the world revolves around KC.

 

[marspiter]

Personally I don't think she has a defense for the check charges. You see this happens all the time in court. The defendant will plead not guilty and their lawyer will ask for continuence after continuence. For misdemeanures for example defense lawyers use it as a tactic in district court to stall proceedings in the hope that key witnesses will not show up and the case will get dismissed.

I don't think thats the case here, I simply think they are stalling for time and nothing more. That and I seriously doubt Casey would admit any wrong doing no matter how much evidence is against here. Since they have no defense and Casey won't plea the only thing her lawyers can do is stall.

 

[butwhatif?]

I am so ready to see Casey sitting in that defendant's seat when Amy takes the stand. I look forward to Amy telling the court exactly how this "friend" took advantage of her kindness, in every way possible. Of course, this is small compared to the murder trial down the road, but it's something Casey will have to do some time over. She will then officially be a convicted felon, noone deserves the title more.

I wonder if Jose and team will even put up a defense. Casey told Tony on the morning of July 16th that she took Amy's money for her "back up plan". She told George she took it in a time of "desperation". Video shows her shopping at Target with the money... buying beer and snacks for her boyfriend...I wish the defense luck explaining this "desperation", they'll need it.

ITA! in her statements to LE she said she was lying and stealing money in an effort to find her daughter. How does buying beer and clothes for herself help find little caylee? ....so if they stick to that defense it aint gonna fly. They just need to make a guilty plea, and cop it .....imo.

 

[chefmom]

ITA! in her statements to LE she said she was lying and stealing money in an effort to find her daughter. How does buying beer and clothes for herself help find little caylee? ....so if they stick to that defense it aint gonna fly. They just need to make a guilty plea, and cop it .....imo.

BBM.

Maybe it was part of the "script" from the InvisiNanny!

1. Go to Targee and buy food and beer for your current squeeze.

2. Pick out cheap shirt and sunglasses to be arrested in.

:crazy:

 

[Searchfortruth]

Bingo - Her defense can't argue that she didn't do it, because the evidence is overwhelming. So now, they have to come up with a plausible story as to why she did take the money by saying she was "entitled" to it or she was "owed" the money.

I seriously don't think she can go with the "lie and steal to get Caylee back" story because of the fact that she bought beer and bras and paid her phone bill with the money.

I personally think she should just plead guilty because she's not getting out any time soon so why would she put herself through the check fraud trial.

Oh wait.....she would do it for the attention. Silly me....for a moment I forgot that the world revolves around KC.

I think if it was all up to Jose there would be a defense presented (wouldn't be a good one, but there would be an attempt). With AL in the drivers seat, I am thinking they might just end up copping a plea. During the hearing the other day, I noticed that there was no objection to the state's motion to take photo's of Casey's tattoo...had it just been Jose, I think the pictures would have been fought tooth and nail, just like he has fought everything else. I believe, just my opinion, that AL may go by the theory of not sweating the small stuff (draws less attention too, which I believe is her primary motive). Jose is 2nd string now, I can feel it.

 

[autumnlover]

I think if it was all up to Jose there would be a defense presented (wouldn't be a good one, but there would be an attempt). With AL in the drivers seat, I am thinking they might just end up copping a plea. During the hearing the other day, I noticed that there was no objection to the state's motion to take photo's of Casey's tattoo...had it just been Jose, I think the pictures would have been fought tooth and nail, just like he has fought everything else. I believe, just my opinion, that AL may go by the theory of not sweating the small stuff (draws less attention too, which I believe is her primary motive). Jose is 2nd string now, I can feel it.

ITA. She's going to cop a plea. There's no way the defense with AL in charge is going to allow the fraud trial to go forward with the overwhelming evidence the SA has - it's too risky. DARNIT! I would love to hear KC's view of the world - that stealing Amy's checks was really a good thing, why if she didn't steal those checks out of Amy's car someone else would have. Amy should thank her!

As crazy as that sounds, anyone that can come up with Zanny the Nanny and expect the world to believe it hook, line and sinker just because she says it, can say anything.

 

[Themis]

ITA. She's going to cop a plea. There's no way the defense with AL in charge is going to allow the fraud trial to go forward with the overwhelming evidence the SA has - it's too risky. DARNIT! I would love to hear KC's view of the world - that stealing Amy's checks was really a good thing, why if she didn't steal those checks out of Amy's car someone else would have. Amy should thank her!

As crazy as that sounds, anyone that can come up with Zanny the Nanny and expect the world to believe it hook, line and sinker just because she says it, can say anything.

IMHO, she won't "plead to the sheet" unless the deal includes taking the death penalty off the table and a term of years is included -- like 10 to 15 years. Even then, LA is going to have her hands full trying to get KC to buy that.

 

[Dutchie Treat]

AL will never let KC on the stand. Having her sworn in and subject to questioning at any point prior to the DP trial will be judicial suicide for the defense.

Doing so would open KC to various lines of questioning that may even have an indirect relevance to the check fraud case and this will establish things such as frame of mind (carefree manner in which KC forged the checks, what she purchased with them and for whom), motive (not to search for Caylee but to please new boyfriend and his friends (food) and to have new clothes to go clubbing in), utter lack of remorse and integrity (who would steal from their BFF???).

Establishing these facts through the check fraud trial would not be prudent so I imagine they will plea this one out. KC probably thinks "heck, I'm already in jail!" She'll probably get time served as well... :furious:

 

[Tracey276]

It seems to me the check fraud charges have relevance to the murder case. I can't see KC taking the stand in either of the cases. Was it the state that wanted these cases separate or is that just how it works and has to be tried separately?

I keep thinking how KC said "when I said I would lie, cheat or steal, whatever it takes to get my daughter back". She knew this would be coming out and tried to set up her excuse right then. I think she really is going to say, it was apart of her "script" or "orders". Won't work but she refuses to take ANY responsibility for any of her actions and will, I promise you, have an (unbelievable) excuse for this TOO!

 

[akashana]

I speed-read thru this thread but didn't see a comment addressing this so I thought I would. Is it possible that by prosecuting her for this charge before the murder trial Amy's testimony could be blocked or otherwise compromised? Such as saying that she would testify falsely due to KC's earlier conviction of forgery on her account? I would hate for them to win the battle only to lose the war.

 

[The World According]

I think if it was all up to Jose there would be a defense presented (wouldn't be a good one, but there would be an attempt). With AL in the drivers seat, I am thinking they might just end up copping a plea. During the hearing the other day, I noticed that there was no objection to the state's motion to take photo's of Casey's tattoo...had it just been Jose, I think the pictures would have been fought tooth and nail, just like he has fought everything else. I believe, just my opinion, that AL may go by the theory of not sweating the small stuff (draws less attention too, which I believe is her primary motive). Jose is 2nd string now, I can feel it.

LOL! She is first chair, and she is running the show now.

 

[MissJames]

LOL! She is first chair, and she is running the show now.

OT,but the idea of AL getting KC to cop a plea gave me a vision of the future.
A Dateline or 48 Hours segment:we have interviews with KC[from jail,but she dresses in civvies and is sitting in front of a bookcase ,so it doesn't look like jail.],JB and the A's. Everyone is bemoaning the fact that the media put the nail in Caylee's coffin and then railroaded KC to jail.They'll spew all the evidence thay would never have gotten into court about the rreal kidnappers.Grainy pics of some poor Zeneida in Puerto Rico.How KC was innocent,but would never have gotten a fair trial because the public hates [misunderstands] her.AL convinced them the only sure way to save poor KC's life was to plea,even though she was completely innocent.
JB will say how they wanted their day in court,but sine KC's life was on the line and they wouldn't have gotten a fair trial anywhere,due to the SA and LE leaks ,they had to plea.
This will all be interspersed with the real evidence ,but KC will still get 35 marriage proposals and will end up with "conjugal" visits.And bologne sandwiches which she nows enjoys.

 

[Gma Kat]

OT,but the idea of AL getting KC to cop a plea gave me a vision of the future.
A Dateline or 48 Hours segment:we have interviews with KC[from jail,but she dresses in civvies and is sitting in front of a bookcase ,so it doesn't look like jail.],JB and the A's. Everyone is bemoaning the fact that the media put the nail in Caylee's coffin and then railroaded KC to jail.They'll spew all the evidence thay would never have gotten into court about the rreal kidnappers.Grainy pics of some poor Zeneida in Puerto Rico.How KC was innocent,but would never have gotten a fair trial because the public hates [misunderstands] her.AL convinced them the only sure way to save poor KC's life was to plea,even though she was completely innocent.
JB will say how they wanted their day in court,but sine KC's life was on the line and they wouldn't have gotten a fair trial anywhere,due to the SA and LE leaks ,they had to plea.
This will all be interspersed with the real evidence ,but KC will still get 35 marriage proposals and will end up with "conjugal" visits.And bologne sandwiches which she nows enjoys.

I can actually imagine this happening...........martyrs now to boot!

 

[Tuffy]

I speed-read thru this thread but didn't see a comment addressing this so I thought I would. Is it possible that by prosecuting her for this charge before the murder trial Amy's testimony could be blocked or otherwise compromised? Such as saying that she would testify falsely due to KC's earlier conviction of forgery on her account? I would hate for them to win the battle only to lose the war.

I think that would be for the jurors to decide whether Amy is a credible witness. If they think that the fact that she was victimized previously by the defendant makes her statements questionable.

I don't think that is going to be an issue to the jurors hearing the case, though. Amy's testimony is going to pretty much fall in line with other "friends" that will be testifying. Her statements also fall in line with evidence in the case as well.

Even if she is thought not to be a credible witness, its not like she is the only witness who's statement will be damning to KC.

 

[cecybeans]

I agree with those of you who think AL may just feel the smart thing to do would be to cop a plea; unless JB can somehow think of a way to make all those Target visits evidence of "ugly coping", but we know her propensity for stealing goes back way before anything happened to little Caylee.

They would have to tie her stealing into her frame of mind with the other case and I would think that would be a difficult and delicate line to walk. I'd love to hear our legal eagles weigh in on all this.

 

[countzero]

I agree with those of you who think AL may just feel the smart thing to do would be to cop a plea; unless JB can somehow think of a way to make all those Target visits evidence of "ugly coping", but we know her propensity for stealing goes back way before anything happened to little Caylee.

They would have to tie her stealing into her frame of mind with the other case and I would think that would be a difficult and delicate line to walk. I'd love to hear our legal eagles weigh in on all this.

Well if JB claims "ugly coping" for the check charges he would be admitting that KC murdered Caylee. Unless he has the bus revved up and brings CA into the equation that CA was the cause of the check charges with KC's "ugly coping". And what exactly will JB state the reason for KC's "ugly coping" prior or pre-Caylee stealing activities?

I don't remember seeing the witness list for this case. Is there one and I missed it. Anyone?????? I see ALyons pleading this one out; regardless of when it is held.

 

[cecybeans]

Well if JB claims "ugly coping" for the check charges he would be admitting that KC murdered Caylee. Unless he has the bus revved up and brings CA into the equation that CA was the cause of the check charges with KC's "ugly coping". And what exactly will JB state the reason for KC's "ugly coping" prior or pre-Caylee stealing activities?

I don't remember seeing the witness list for this case. Is there one and I missed it. Anyone?????? I see ALyons pleading this one out; regardless of when it is held.

What I meant was that the whole "ugly coping" thing was mentioned by the defense as a "defense mechanism" for KC losing Caylee (ostensibly by kidnapping, not necessarily as a sign she murdered her) which is why she went on her party spree when the baby went "missing". I just thought they might try to tie her stealing behavior into that whole cuckoo-coping strategy (and I agree with you that her lying and stealing extend back too far to be explained by anything "traumatic" happening to her during late June and July).

I don't know that we've seen witness list for that trial yet - the defense fought hard to get the case delayed until after the criminal trial and we've just heard about the motion to get it back on the docket (before most of the witnesses move away or are eligible for AARP or something). That would be interesting to see though. If only we could only have a DOC DUMP one of these days....

 

[RR0004]

Well, the news is that JB and AL are too busy preparing for the murder trial to address the check fraud charges. I thought there was a different attorney who was handling that? The trial isn't going to start for another year.......for Pete's sake...enough with them dragging their feet.