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

[Insomnia Momma]

I knew the motion to delay again would come after the prosecution asked to step it up. I have doubts that this will go to trial prior to the criminal charges.

I hope she's enjoying her 23/24 hours in her cell.

 

[ClockWatcher]

I knew the motion to delay again would come after the prosecution asked to step it up. I have doubts that this will go to trial prior to the criminal charges.

I hope she's enjoying her 23/24 hours in her cell.

The way I see it is, according to the statute, the State may prevail on this one. Baez may be trying to argue that if she's found guilty for fraud, she won't be able to get a fair trail for the murder.

But, I'm not sure that if she IS found guilty for the check fraud charge's that info could be used during the murder trial. I'm thinking that the check fraud would come into play during penalty phase if she's found guilty for Caylee's death.

I want to read Baez's <snort, Andrea L's summer school student's> response to the States motion. Please, please, media people...run down to the clerk's office and get us that motion!!!!

 

[ClockWatcher]

Here is the link to the States motion for speedy trial, on behalf of the VICTIM, Amy H.

http://www.wftv.com/pdf/19859813/detail.html



Statute 960.0015:

960.0015 Victim's right to a speedy trial; speedy trial demand by the state attorney.--

(1) The state attorney may file a demand for a speedy trial if the state has met its obligations under the rules of discovery, the charge is a felony or misdemeanor, the court has granted at least three continuances upon the request of the defendant over the objection of the state attorney, and:

(a) If a felony case, it is not resolved within 125 days after the date that formal charges are filed and the defendant is arrested or the date that notice to appear in lieu of arrest is served upon the defendant; or

(b) If a misdemeanor case, it is not resolved within 45 days after the date that formal charges are filed and the defendant is arrested or the date that notice to appear in lieu of arrest is served upon the defendant.

(2) Upon the filing of a demand for a speedy trial, the trial court shall schedule a calendar call within 5 days, at which time the court shall schedule the trial to commence no sooner than 5 days or later than 45 days following the date of the calendar call. The court may, however, grant whatever further extension may be required to prevent deprivation of the defendant's right to due process.

(3)(a) The trial court may postpone the trial date for up to 30 additional days upon a showing by the defendant that a necessary witness who was properly served failed to attend the deposition and also failed to attend a subsequently scheduled deposition following a court order to appear. The court may, however, grant whatever further extension may be required to prevent deprivation of the defendant's right to due process.

(b) The trial court may also postpone the trial date for no fewer than 30 days but no more than 70 days if the court grants a motion by counsel to withdraw and the court appoints other counsel. The court may, however, grant whatever further extension may be required to prevent deprivation of the defendant's right to due process.

History.--s. 1, ch. 2005-44.

 

[ClockWatcher]

Ohhhhh HAPPY DANCE! Our Angel Who Cares is working over time tonight, this was in the media links...sorry I missed it!

http://www.cfnews13.com/uploadedFiles/Stories/Local/RESPONSEDOC.pdf


OMG...#5 Andrea pretty much claims that she would have to hold Baez's hand for a check fraud case so he doesn't screw up her murder case.

#8....whoa! Someone has paid back Bank of America.

<going back to finish reading>

 

[Just Jayla]

Ohhhhh HAPPY DANCE! Our Angel Who Cares is working over time tonight, this was in the media links...sorry I missed it!

http://www.cfnews13.com/uploadedFiles/Stories/Local/RESPONSEDOC.pdf


OMG...#5 Andrea pretty much claims that she would have to hold Baez's hand for a check fraud case so he doesn't screw up her murder case.

#8....whoa! Someone has paid back Bank of America.

<going back to finish reading>

AL has a lot of nerve saying she needs more time to prepare herself to help JB on the fraud charges, because she is so busy with the discovery, etc. from the murder case.....Hello?! Didn't she ask the judge for a certain schedule because she had to go teach back in Chicago? She can make time for that, but not to prepare for KC's fraud case?
Please someone, correct me if I am wrong....

 

[Just Jayla]

Ohhhhh HAPPY DANCE! Our Angel Who Cares is working over time tonight, this was in the media links...sorry I missed it!

http://www.cfnews13.com/uploadedFiles/Stories/Local/RESPONSEDOC.pdf


OMG...#5 Andrea pretty much claims that she would have to hold Baez's hand for a check fraud case so he doesn't screw up her murder case.

#8....whoa! Someone has paid back Bank of America.

<going back to finish reading>

AL is also assuming she would be granted a change of venue for the fraud charges....perhaps she would not, since she herself seems to understand they are petty charges in comparison to murder charges (and she is right!)

 

[autumnlover]

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.

Yeah and t that's how she'll get to "testify" in the criminal trial without having to take the stand and be cross-examined. That's how all the defendants get away with it. Our luck! :banghead:

 

[ClockWatcher]

AL is also assuming she would be granted a change of venue for the fraud charges....perhaps she would not, since she herself seems to understand they are petty charges in comparison to murder charges (and she is right!)

I know, right!? I'm still digesting the motion, but my first inclination was, "I call Shenanigan's" on a couple of her point's. Thank goodness I'm not an attorney! I'd be whippin' out my checkbook every day for contempt fine's.

 

[mitzi]

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.

Exactly, and if ALyons doesn't think she has enough time to address both cases, why doesn't she take a sabbatical (sp?) from teaching....surely, she will come out ahead, money-wise, taking on KC's cases! Any other attorney would not be allowed to drag their heels because they "had another job to take care of"!

 

[cecybeans]

Exactly, and if ALyons doesn't think she has enough time to address both cases, why doesn't she take a sabbatical (sp?) from teaching....surely, she will come out ahead, money-wise, taking on KC's cases! Any other attorney would not be allowed to drag their heels because they "had another job to take care of"!

It's my understanding that AL is only being brought in to the DP criminal case. That is her forte, her passion, and I doubt she wastes time in much else. (In fact, apparently her teaching schedule trumps even DP cases or at least delays her participation).

JB was originally her attorney for the child neglect charges and the check fraud charges before last October when the child neglect charges were shelved and replaced with murder. IIRC, the reason that JB fought to delay the AH's case is because that would leave Miss KC with a prior record and that could come into play in her murder trial. Remember, at first we heard that sometime in January they would get the date set for the murder trial. So it was very kind of the court, imo, to delay the other case (even though JB had never filed for a speedy trial in the murder case and was continuously seen in the press acting highly visible, giving interviews and boating with Geraldo. But finding Caylee's remains in Dec threw a wrench into that and it has been delay delay delay continuously since.

Although we knew early on that Kasen would be her civil attorney, for some reason, I thought he might have also taken on the responsibilities of her check fraud trial when the DP was first kicked off the table in Dec and JB thought he would again be busy lead counsel in an LWOP murder trial. Who knows anymore? If Kasen refused, and AL thought she needed to get involved, she would probably assign most of the grunt work to a student, who would be able to write motions I'm thinking that would not be as "jurisprudenly imprudent" as JB's seem to be.

I think the state bent over backwards (and I'd get banned if I mentioned the innuendo or metaphor I'd like to use) to accommodate KC and her posse and I think that any more delay of justice to the victims of her lesser crimes is a travesty to all concerned, including the victims, the court and the taxpayers of FLorida.

Unless, by some improbable fluke of circumstance, Ms KC is going to be a witness in an investigation or upcoming trial as a member of a much larger check-kiting or fraud ring, and they need her testimony for that, then let's get on with it already and get the little weaselette convicted!

 

[lisalei321]

Hey, where's exhibit "D" mentioned in item #8 (say's someone paid BOA the money KC stole)

http://www.cfnews13.com/uploadedFile...ESPONSEDOC.pdf

 

[CarolinaMoon]

Hey, where's exhibit "D" mentioned in item #8 (say's someone paid BOA the money KC stole)

http://www.cfnews13.com/uploadedFile...ESPONSEDOC.pdf

One of the articles stated there were over 100 pages of motions filed and there are exhibits which have probably not been posted. WFTV promised to post the motions today. Perhaps they will post all the pages.

 

[shotzie]

So am I understanding this right...If you are brought up for forgery and fraud charges but you pay those people back (I would like to know who did that one) the victim should just sit back an wait???? like forever..or next year this is ridiculous. Another Circus time for BAEZ..:furious:

 

[AZlawyer]

Links to the exhibits are now posted in the official docs thread. Baez's firm paid back the bank.

 

[shotzie]

Alright I just read the Bank of America letter ...so they are saying they aren't excepting this money order in lieu, due to the criminal charges, meaning it has no effect Right..

an also who paid Amy back the $700.00 cash Casey took?

Gee I hope Strickland denies this motion. Let's just get on with this PLEASE..

 

[mydailyopinions]

Is it normal for an attorney to pay off money owed in a case like this?
And honestly, why did he wait until this month to pay?
Baez never fails to amaze me with his tactics.

 

[MarleneM]

So, if I "borrow" $700 from a bank by writing a stolen check, I'm ok as long as I pay it all back to them within a year's time? No need for any legal "formalities" on moot charges like forgery or theft. As long as the bank eventually gets their money back and they pay back the person I ripped off via insurance or whatever, then everything's cool right?

 

[RR0004]

So, if I "borrow" $700 from a bank by writing a stolen check, I'm ok as long as I pay it all back to them within a year's time? No need for any legal "formalities" on moot charges like forgery or theft. As long as the bank eventually gets their money back and they pay back the person I ripped off via insurance or whatever, then everything's cool right?

Wonder if he'll request the State to pay him back when he goes forward with the claim that his client is indigent?

 

[doogiesgirl]

JB is like peat and repeat in his response to the state's motion for a speedy trial on the fraud/uttering charges. He states over and over that it is the state's fault that defense can't go to trial on this now as they have to prepare for the DP case and the state caused that because they said they weren't seeking DP and then turned around in April and said they are. Boy he's got some nerve. Conveniently leaving out how the state reversed it's decision b/c once they found Caylee's body/waiting for test results to come back then they found evidence of aggravating factors!!! :cursing: Why not just skip over how this is all your clients fault JB b/c she would not give up where she dumped her daughter's body!! :furious: Then there is always JB's argument that she shouldn't have to go to trial for this now b/c that conviction will make her look bad in front of a DP jury!! :violin: So what! Her deeds---her problem!! :furious: I am so hot from reading JB's idiotic arguments that I could spit. So help me God raying: this fraud/uttering trial better go forward now or I may just bust from anger!!! Hot Hot Hot!!! :furious:

:cow:

 

[doogiesgirl]

Oh and I completely forgot that JB thinks that he can draw up a contract that states the bondsman, and security are part of the attorney's defense team and that means anything they hear is covered under attorney/client priv.!! Give me a break! You aren't Judge, Jury, and God JB. Just cause you had someone type it up doesn't mean it's worth the paper it's typed on. Good Luck with that one. Unbelievable!! :cow: