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

[LeLe1953]

I would think this might help establish WHY she needed the money. I would think it could also be used to prove Cindy & George knew Casey was NOT working. It might help answer for how 2 yrs her cell phone was paid, her car insurance, who bought KC's clothes..........hell who bought her shampoo, tampax, paid for her hair cuts or nail appts? You know a bunch of money must have been given to her by Cindy as well as some being stolen from Cindy. When asked why she gave KC so much money even though she thought KC was working, what will Cindy say, that the nanny was eating up all the pay of Casey's? I think not only will the fraud case prove Casey only thought about Casey but will also put the Anthony's back up against the wall so they will either have to be truthful at the criminal trial or be arrested for perjury.

 

[RR0004]

SP doesn't file charges, the financial institute does since they are the ones holding a loss.



:floorlaugh::floorlaugh::floorlaugh:




:crossfingers: :wink:

...and if the institution pursues it, it could be under the radar so to speak. But, something tells me that the debt has been PIF.

ETA: ok...so SP must get the ball rolling...but I still think it's all been taken care of.

 

[panthera]

Well, that means she may have left HER check book in Amy's car if she was off writing checks with Amy's. Nah...too much of a stretch. Let's not forget Amy's missing cash as well.

She also cashed a check at the bank. :behindbar

 

[Truthwillsetufree]

They can use a conviction in the check case a couple of ways:

If found guilty the previous criminal record can be presented at the penalty phase. They seem to be getting as many aggravating factors as possible together.

It will also force some of these witnesses into sworn testimony. It sets the stage for perjury if any of these witnesses try to change their testimony in the murder case.

It will also prevent Baez from saying the check related events in the timeline need to be withheld from the murder trial as his client is facing charges related to those events. This will be very relevant in Amy's testimony.

In most jurisdictions you cannot enter a previous conviction as evidence in a current case as it creates bias in the jury. The state needs to prove the current case and when they do then the jury can be informed of the priors for the penalty phase. There have been many rape cases where the jury said they would have convicted if they knew about the priors but acquitted in a he said she said case for reasonable doubt.

JB will fight this going to trial first saying his client is fighting for her life in the other case and that this redirection of resources is unfair to his client. The state is usually pretty careful to make sure a DP defendant has had every opportunity to defend their life, so it should be interesting.

(Bolded part of your fabulous post added by me.)
Too bad Caylee wasn't given this opportunity.

 

[Truthwillsetufree]

IIRC, Casey signed her own name to the first Target check (and was probably blathering at the speed of light so that the poor checkout girl was too confused to check the ID shown with the name on the account), but all of the checks she signed afterward were AH I belive. I think the total dollar amount is less than $1K which puts it just under grand theft, but the forgery is a whole separate crime.

She certainly couldn't have claimed to have "forgotten" whose checkbook it was once she started forging the account owner's signature.

That first check she signed her own name to may have been a mistake. Do we know if she may have used her ZG22 ID to cash the BoA check she made out to cash? I can't remember if we have the cancelled check on that with a signature or not, and if it was KC's or ZG22. If she cashed any of Amy's checks with a ZG22 sig and ID, she may have also intended on blaming Zanny the Nanny for carjacking and stealing AH's checkbook as well.

Now THAT would be a slam dunkeroonie!

Please forgive me if I'm foggy on the details, I had no idea I'd need to create files with cross-references and flags (all red of course) to track down some of these details later. I wish I had a spare space in my house I could turn into a "war room" with a calendar on each wall, complete with google earth maps, push pins and video on demand (and thank God WS is the closest thing we have to one). My family is already looking at me the way people do when they humor a nutball. TIA for anyone who can set me straight on this.

Whhaaat? You don't have your War Room set up yet? You Be Behind!:crazy:

 

[Mystic]

Since the check fraud happened during the same general time frame of the murder (soon after), I would think it would be very relevant to the murder case. If the defense plans on sticking with Casey's "I needed the money to search for my daughter" story, then it ties in very closely, IMO. Wouldn't it be better for Casey to plead guilty to the fraud charges ?

Probably a good idea as she admits to it in the Jail visit with her parents. By the way, that can be used right? Which probably doesn't matter as there is video of her cashing cheques and shopping.

 

[panthera]

Probably a good idea as she admits to it in the Jail visit with her parents. By the way, that can be used right? Which probably doesn't matter as there is video of her cashing cheques and shopping.

It would be an excellent idea for her to plead guilty to the fraud charges with the hope of a lesser sentence, however, I would prefer she got the maximum in consecutive sentences. The videotape evidence along with her handwriting on the checks is a huge mountain for the defense to overcome. Also, the items purchased at Target hardly go toward searching for Caylee, so that would be another lie. :behindbar MOO

 

[Mystic]

I don't think the person who's missing the money would think it's no big deal. Do we know if Amy has received restitution from the bank?

JMO

I'm positive I did read that she received restitution from the bank.

 

[faefrost]

Well, didn't the State say there might be other fraud charges (pending) or something. KC is ZFG and if ZFG did have hot checks then it is still KC?

KC is not ZFG. There is no ZFG, beyond the poor woman who got dragged into this because of KC's lies. ZFG was just a lie KC threw to her mother.

The other fraud charges relate to KC stealing her grandparents. A crime that was never officially reported to police, but was found out during the investigation of Caylee's disapearence.

 

[Mystic]

Does anyone know how the bank handles SP and CA's losses?

PS- heck, I just want the SA (or DA?) to ask Casey how on earth buying a bra was helping her find her daughter!?!

Sp received the money back from the bank, she also told them to go ahead and charger her... The bank didn't follow-up on that. imo (my sisters a bank manager) is that particular account was not even set up for anyone to cash a cheque and they made the error. Usually a bank will cop their losses when they've goofed. As far as CA, I never read anything that she pursued restitution.

With regard to SA going ahead with this, I always thought they would as the banks require it (as far as I understood) to show they pursued charges? At the end of the day, they have to prove they went after any theft & resitution thereof. Don't know if USA and Canada are the same in this regard.

 

[precious]

ssshhhh, don't do the work for the lazy one! lol but IF this was the case, KC would have to prove she had a checking account. Has this ever been verified?

Do you mean a checking account full of stolen money? I can't imagine her having one otherwise.

 

[faefrost]

IIRC, when KC was indicted for Murder One back in October, the state very generously agreed to postpone the check fraud case (and of course dropped the child neglect charges). I thought it may have been in response to some whining JB made about the disadvantage they would have at sentencing if she had a previous record. He was able to drag that expected date out even further by not filing for a speedy trial in the murder case.

Now, initially, when this all went down, the state had initially set a tentative trial date for January 2009 I believe; and there was a rather nebulous period where folks were speculating on perhaps March, etc. Once Caylee's remains were found, it was clear that to expect the trial would occur during the first quarter of 2009 was clearly impractical (and the state was very thoughtful in allowing the Anthony family to take several months to plan and execute an elaborate memorial for Caylee). So eventually another tentative trial date was set for October 2009.

Given all the delays, foot dragging and other self-serving and histrionic cacadoodledoo JB has larded into the case, I would think that the SA is no longer willing to postpone this check fraud case indefinitely simply to avoid KC having a prior record when her murder trial finally begins.

In addition to the excellent reasons above in which this may prove helpful to the murder case (not only for evidence but to help prevent AH from being unnecessarily shown in a bad light as has been speculated), I'm sure the SA is thinking that otherwise, by the time this gets to trial, they will be dealing with a time line that is either similar to those in Italy or something out of Guantanamo.

Linda DB you go girl! JB (and the Anthony family) have together done more to taint a jury pool than any prosecution attempt EVER could have. Maybe if he had spent less time playing hide the twizzler, yachting with GR, writing whiny unprofessional motions, and engaging in snarky, juvenile mind games with the press, he would be able to make "jury tainting" statements that had even a modicum of traction.

JB needs to put on his big boy panties, stop blaming the SA for his troubles and take responsibility for what he himself has done to taint a jury pool by mismanaging public perception from the inception of his reception.
:boohoo:

Good post, but a couple of minor points.

- KC is not charged with "First Degree Murder". She is charged with Felony Murder with the agravating circumstances of a child under 10 years old (I think 10 is the statutory age?). This is a diferent crime from the traditional "First Degree Murder/Premeditated Murder". It is basically what many would traditionally view as "Second Degree Murder of a Child". In Florida this is a Capital Crime. Premeditation does not have to be proven for this charge. (although it certainly does not hurt)

- The SA did not graciously drop the child endangerment charges. They were superceded by the Murder charges. In the laws eyes the negligence and murder were stemming from the same act. So the state cannot charge both as that would be double jeopardy. The state had to drop the endangerment charges in order to add the murder.

- I think the state has to press forward with the check fraud charges and make an attempt to bring it to trial. Florida's speedy trial laws require this. If the state did not attempt to schedule the case then it may be dismissed later for procedural reasons. The state had to go for it now before the period of timliness passed. At this point it is JB's job to petition the court for a postponment of those charges/trial. the SA cannot simply hold it back, even if it is done at the defenses request, unless the defense makes the request in court to the judge. (Am I making any sense on this. The SA has to attempt to bring the charges to trial within a timely manner, or risk a dismissal. The charges have been pending for almost a year now, which I believe is the limit for FL. JB can now request a delay, but the state really cannot and will not.)

 

[countzero]

KC is not ZFG. There is no ZFG, beyond the poor woman who got dragged into this because of KC's lies. ZFG was just a lie KC threw to her mother.

The other fraud charges relate to KC stealing her grandparents. A crime that was never officially reported to police, but was found out during the investigation of Caylee's disapearence.

This is the link to SP's conversation w/YM

http://www.wftv.com/blank/18974289/detail.html

SP tells him the bank paid the account back, the check KC stole to pay AT&T phone bill, and wanted to press charges against KC.

This maybe what additional charges may be pending against KC. We don't know if the bank is or isn't pressing charges.

 

[countzero]

Here we are: Angel Who Cares just posted this in the todays daily news thread:

CRIMINAL CASE DOCKET FOR CHECK FRAUD INFO!

Case Number: 08-CF-0013331-O
Charge Details:
Phase: Initial
Defendant: CASEY M ANTHONY Count #: 001
Offense Date: 7/10/2008 Citation #:
Complaint Date: 7/8/2008 Information Date: 9/11/2008
Statute: 831.02 - UTTERING FORGERY
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 001
Offense Date: 7/10/2008 Citation #:
Complaint Date: 7/8/2008 Information Date: 9/11/2008
Statute: 812.014(2)(C)(1) - THEFT
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/11/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 002
Offense Date: 7/10/2008 Citation #:
Complaint Date: 7/8/2008 Information Date: 9/11/2008
Statute: 817.568(2) - FRAUD. USE OF PERSONAL IDENT. INFORMATION
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 002
Offense Date: 7/10/2008 Citation #:
Complaint Date: 7/8/2008 Information Date: 9/11/2008
Statute: 817.568(2) - FRAUD. USE OF PERSONAL IDENT. INFORMATION
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/11/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 003
Offense Date: 7/10/2008 Citation #:
Complaint Date: 7/8/2008 Information Date: 9/11/2008
Statute: 812.014(2)(E) - CR-PETIT THEFT OF $100 OR MORE
General Offense Category:
Charge Level: MISDEMEANOR Charge Degree: FIRST DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 003
Offense Date: 7/10/2008 Citation #:
Complaint Date: 7/8/2008 Information Date: 9/11/2008
Statute: 831.07 - FORGERY OF BANK BILLS/PROM. NOTES
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/11/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 004
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 831.09-2 - UTTERING A FORGED CHECK
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 004
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 831.09 - UTTERING FORGED BILLS / NOTES
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/11/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 005
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 817.568(2) - FRAUD. USE OF PERSONAL IDENT. INFORMATION
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 005
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 817.568(2) - FRAUD. USE OF PERSONAL IDENT. INFORMATION
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/11/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 006
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 812.014(2)(E) - CR-PETIT THEFT OF $100 OR MORE
General Offense Category:
Charge Level: MISDEMEANOR Charge Degree: FIRST DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 006
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 831.07 - FORGERY OF BANK BILLS/PROM. NOTES
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/11/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 007
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 831.09-2 - UTTERING A FORGED CHECK
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 007
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 831.09 - UTTERING FORGED BILLS / NOTES
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/11/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 008
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 817.568(2) - FRAUD. USE OF PERSONAL IDENT. INFORMATION
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 008
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 817.568(2) - FRAUD. USE OF PERSONAL IDENT. INFORMATION
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/11/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 009
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 812.014(2)(E) - CR-PETIT THEFT OF $100 OR MORE
General Offense Category:
Charge Level: MISDEMEANOR Charge Degree: FIRST DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 009
Offense Date: 7/10/2008 Citation #:
Complaint Date: 9/4/2008 Information Date: 9/11/2008
Statute: 831.07 - FORGERY OF BANK BILLS/PROM. NOTES
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/11/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 010
Offense Date: 7/10/2008 Citation #:
Complaint Date: Information Date: 9/11/2008
Statute:
General Offense Category:
Charge Level: Charge Degree:

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 010
Offense Date: 7/10/2008 Citation #:
Complaint Date: Information Date: 9/11/2008
Statute: 831.09 - UTTERING FORGED BILLS / NOTES
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/11/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 011
Offense Date: 7/15/2008 Citation #:
Complaint Date: 9/15/2008 Information Date: 9/22/2008
Statute: 831.09-2 - UTTERING A FORGED CHECK
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 011
Offense Date: 7/15/2008 Citation #:
Complaint Date: 9/15/2008 Information Date: 9/22/2008
Statute: 817.568(2) - FRAUD. USE OF PERSONAL IDENT. INFORMATION
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/22/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 012
Offense Date: 7/15/2008 Citation #:
Complaint Date: 9/15/2008 Information Date: 9/22/2008
Statute: 817.568(2) - FRAUD. USE OF PERSONAL IDENT. INFORMATION
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 012
Offense Date: 7/15/2008 Citation #:
Complaint Date: 9/15/2008 Information Date: 9/22/2008
Statute: 831.07 - FORGERY OF BANK BILLS/PROM. NOTES
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/22/2008

Phase: Initial
Defendant: CASEY M ANTHONY Count #: 013
Offense Date: 7/15/2008 Citation #:
Complaint Date: 9/15/2008 Information Date: 9/22/2008
Statute: 812.014(2)(E) - CR-PETIT THEFT OF $100 OR MORE
General Offense Category:
Charge Level: MISDEMEANOR Charge Degree: FIRST DEGREE

Phase: Prosecutorial
Defendant: CASEY M ANTHONY Count #: 013
Offense Date: 7/15/2008 Citation #:
Complaint Date: 9/15/2008 Information Date: 9/22/2008
Statute: 831.09 - UTTERING FORGED BILLS / NOTES
General Offense Category:
Charge Level: FELONY Charge Degree: THIRD DEGREE
Result: FILED/NOT DISPOSED AT PROSECUTORS LEVEL Result Date: 9/22/2008

Case Actions:
6/19/2009 A STATE OF FLORIDA'S MOTION FOR DETERMINATION OF NEW TRIAL DATE

 

[impatientredhead]

Good post, but a couple of minor points.

- KC is not charged with "First Degree Murder". She is charged with Felony Murder with the agravating circumstances of a child under 10 years old (I think 10 is the statutory age?). This is a diferent crime from the traditional "First Degree Murder/Premeditated Murder". It is basically what many would traditionally view as "Second Degree Murder of a Child". In Florida this is a Capital Crime. Premeditation does not have to be proven for this charge. (although it certainly does not hurt)

- The SA did not graciously drop the child endangerment charges. They were superceded by the Murder charges. In the laws eyes the negligence and murder were stemming from the same act. So the state cannot charge both as that would be double jeopardy. The state had to drop the endangerment charges in order to add the murder.

- I think the state has to press forward with the check fraud charges and make an attempt to bring it to trial. Florida's speedy trial laws require this. If the state did not attempt to schedule the case then it may be dismissed later for procedural reasons. The state had to go for it now before the period of timliness passed. At this point it is JB's job to petition the court for a postponment of those charges/trial. the SA cannot simply hold it back, even if it is done at the defenses request, unless the defense makes the request in court to the judge. (Am I making any sense on this. The SA has to attempt to bring the charges to trial within a timely manner, or risk a dismissal. The charges have been pending for almost a year now, which I believe is the limit for FL. JB can now request a delay, but the state really cannot and will not.)

She was indicted under multiple statues, one of which is premeditated. They also indicted for aggravated child abuse and aggravated manslaughter. The prosecutor has several routes to pursue.

Casey waived her right to a speedy trial on the fraud charges when the defense asked that it be delayed. It will not and cannot be dismissed for those grounds.

 

[chefmom]

Valhall, and others who have followed and contributed to that "other" thread (ZG22=KC); this is where my mind immediately went with this new development.
IF KC has an alter ego and fake id, and IF she cashed AH's checked and strolled over to pay toward the ZG22 ticket, and IF there was this fake ID confiscated from KC's wallet, wouldn't the foundation for all of this need to be established before entering it into evidence in her criminal trial?
I've got a weird feeling that LE is preparing to prove that KC is the invisinanny in the financial crimes venue, and in doing so "greasing the skids" for the main event. Please Lord, let me be right...

Oh, ho, RubyB! I'm right there with you! This is exactly what I thought when I read this as well! There are a couple of complaints about using fraudulent ID. Hmmm! Could that be what some of us think it is! *Chefmom is keeping her fingers crossed* :woohoo:

 

[Spangle]

She was indicted under multiple statues, one of which is premeditated. They also indicted for aggravated child abuse and aggravated manslaughter. The prosecutor has several routes to pursue.

Casey waived her right to a speedy trial on the fraud charges when the defense asked that it be delayed. It will not and cannot be dismissed for those grounds.

IIRC, She waved speedy trail for the murder case, not the Check/id/fraud/etc cases. Which also seemed to be what the poster was talking about.

 

[Just Jayla]

The State must have a strategy hidden in this latest Motion, I just don't know what they hope to accomplish by having the Check Fraud Trial first. If she's convicted, I don't think they can use that info in the murder trial, can they?

Maybe they want to get this out of the way so that she cannot claim she was being held too long by the state without being tried on these charges? I know she'd still have to be there for the murder charges, but maybe it will prevent any future legal challenges of this nature.
Someone who is actually a lawyer will probably tell me this makes no sense, but I'm willing to be schooled on this one, it's why I love that there are so many pros here!

 

[countzero]

When I read all those charges I thought, where is the detailed info for each charge. Where and what amount is each charge for? In my state, you can view the info detailed for each case if the county court is on line, but I don't know if this is the same for Fla.

 

[Just Jayla]

Thanks, Spangle, I should have read what you wrote before I posted!