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

[RR0004]

Not an attorney, but I think this a great idea. It might force KC on the stand to explain why she stole AH checks and wrote against the funds at Targee and other places as well as going directly into the bank branch to cash a check.

Any legal opinions ..... are more than welcome.

http://www.clickorlando.com/news/19823153/detail.html

I was just asking about this last night. Will they be able to bring up the stolen money during her murder trial...especially if they haven't proceeded with the check charges?

 

[static]

JB would argue that he would not have the access he needed to Casey to prepare for the murder trial if she were in prison on the check conviction, IMO.

Nothing would change as far as Casey's location if the Orange County jail has any DOC inmates. She would just have a different color jail uniform and listed on a different 'count'.

Casey just might would have to change jail cells, IMO, to a different location in the jail, but would still be in protective custody.

The comforting aspect of all this is that KC cannot be in protective custody forever. Sooner or later she is going to have to meet some "new" friends. I would pay for that video.

 

[RR0004]

I'm not sure I see the point. Check fraud for such a minimal amount would be a misdemeanor at most and it's not like she would get time. She has no previous criminal record. If that was the only charge, she'd probably get a fine and probation.

Anyone out there have access to the Florida penal code?



~Jai Yen

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

 

[kwmred]

JB would argue that he would not have the access he needed to Casey to prepare for the murder trial if she were in prison on the check conviction, IMO.

Nothing would change as far as Casey's location if the Orange County jail has any DOC inmates. She would just have a different color jail uniform and listed on a different 'count'.

Casey just might would have to change jail cells, IMO, to a different location in the jail, but would still be in protective custody.

I'm confused. Why would Casey stay in county lock up? Why wouldn't she go to prison with a conviction in the check fraud case?

 

[nssherlock]

Given all the delays, foot dragging and other self-serving and histrionic cacadoodledoo JB has larded into the case,

Histrionic Cacadoodledoo! That's just the best ever! :clap::clap::clap:

 

[TakeNote]

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...

im still at the front of this thread....LOL....but..boy oh boy...i sure hope this is it! :blowkiss:

 

[countzero]

Ya know, it doesn't take a competent attorney more than a few days work to finalize a defense for check fraud charges in this amount given all the evidence already processed.

It is the least amount of work JB can actually do and charge for and still get face time in as a bonus.

 

[countzero]

Just had a thought. If KC is convicted, would they attach her commissary account to be paid towards restitution?

In my state they do this. Also any fraud amount over $200.00 is a felony with up to one year in jail plus fine, plus restitution.

 

[flyonsweetangel]

It's a third degree felony to forge a check.

http://www.flsenate.gov/Statutes/in...31/SEC01.HTM&Title=->2004->Ch0831->Section 01

I am NOT aware of a county in the USA where one would get the stiffest penalty or charged with one (for check fraud) if this was their first time in trouble. It just doesnt happen. It would be pleaded down.... As far as her getting on the stand I doubt that very much. The plead bargaining would all take place behind the scenes between prosecutor and defense attorney. It would never go to trial. The only reason I can see that the state would continue to pursue the check fraud case is to possibly get a stiffer sentence on the murder trial. Maybe they just dont have such a solid case that would warrant the death penalty.. JMO

 

[impatientredhead]

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

Amy has been reimbursed by the bank. The stores/bank have not been. We pulled the statutes when this originally happened and yes the max sentences run one after the other put you in the 60 year range the crime stats will show you over and over and over again that we don't send first time offenders to prison for these dollar amounts.

I posted a link at the time of a woman in Florida that had been cashing her mother's pension checks for months and months, much higher dollar amount, this only came to light after they found her mother's body in trashbags on the side of the road. Had to be ID'ed by the serial number on her hip replacement. The chick lied at first and then fessed up, plead guilty to the money charges and abuse of a corpse, probation, no time served. We are letting violent felons out of prison due to overcrowding and funding issues all over the country, we cannot afford to house first time check forgers. Doesn't seem right and that is why people do it so easily, but that is the system.

If Casey was sentenced in this case she would probably already be done with time served or pretty darn close. The state is pursuing this for other reasons, bigger picture strategy reasons. IMO

 

[LaLaw2000]

I'm confused. Why would Casey stay in county lock up? Why wouldn't she go to prison with a conviction in the check fraud case?

Because most county lockups also have Department of Corrections inmates as well. That brings income from the state for the jail.

IMO, Casey would go to prison if she did not have a pending murder case. JB could argue that he would not have the access needed to Casey in order to prepare for the murder case. Prison has much stricter guidelines than a county jail. JB would not be able to see her until midnight if she were in prison. I mention midnight because Casey would often state how late JB stayed with her at the jail. She mentions it in the jail videos, IIRC.

 

[RR0004]

http://www.clickorlando.com/news/19823153/detail.html#

(clip)
Last fall, Anthony's defense asked that the check fraud trial be
delayed so they could focus on the murder charges against Anthony, but
in a motion filed on Friday, the prosecution asked that the trial be
set for a date within the next 60 days.

Anybody know ..... was the previous Defense Motion to delay the check fraud trial GRANTED by a Judge?
Was there a Hearing on that matter?
If it was granted ...... wonder what new info the prosecutors would submit at this time, to have a Judge REhear their Motion to move forward with the check fraud case now?
Sure would like to read the prosecutors Motion which was filed last Friday.

Just maybe that they don't want to have to wait another 3-10 years for that to happen? G-d knows when the murder trial will begin at this rate. Wonder if this could be set in play to speed things up.

 

[impatientredhead]

I'm confused. Why would Casey stay in county lock up? Why wouldn't she go to prison with a conviction in the check fraud case?

It would depend on the sentence. County holds people awaiting trial that can't bond out and people sentenced to one year or less.

 

[JSR]

If Casey was sentenced in this case she would probably already be done with time served or pretty darn close. The state is pursuing this for other reasons, bigger picture strategy reasons. IMO

I could not agree more.

 

[RR0004]

They would be able to use them in both but if she is not convicted in the fraud case prior to the murder case then they cannot say that she is stealing in them, they would only be presentable in a we can see Casey on this date and no Caylee is in sight. Which really proves nothing, I am sure every mother here could have video of them without their kids in tow. If she is convicted first then they can lay the ground work for that via questioning Amy (again her testimony parameters will be effected by this ruling) and then the tapes.

The question to me will be are they going to call George and Cindy in the fraud case (they cannot ask about money taken from them or Shirley as there are no charges relevant to that) but they *might* be planning to use them to say Casey said she was in Jacksonville on the following dates and then the tape shows otherwise. That is the type of testimony that they could try to get nailed down in the fraud case so if they try to modify answers in the murder case they have sworn testimony in conflict.

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!?!

 

[countzero]

I am NOT aware of a county in the USA where one would get the stiffest penalty or charged with one (for check fraud) if this was their first time in trouble. It just doesnt happen. It would be pleaded down.... As far as her getting on the stand I doubt that very much. The plead bargaining would all take place behind the scenes between prosecutor and defense attorney. It would never go to trial. The only reason I can see that the state would continue to pursue the check fraud case is to possibly get a stiffer sentence on the murder trial. Maybe they just dont have such a solid case that would warrant the death penalty.. JMO

Maybe not in your state, but in mine it has happened. In one case I know of they didn't get the stiffest penalty, but there was a plea bargain and the judge sentenced on the high-end on the pre-sentencing guidelines and would not accept the plea bargain.

 

[MarleneM]

Yes, if Casey's defense on the fraud charge puts her on the stand (I will win powerball first) than she could open the door.

The only real defense in the fraud case is to say that she accidently picked up the wrong checkbook, supported by her signing her own name and using her own ID (cajones!) and that she never had an opportunity to right the situation as she has been in jail since becoming aware of it. But I have no idea how JB is going to say that is not her on the tapes.

IF:

1.) It can be proven KC had a checking account at the time.
2.) KC can explain why she would sign AH's name to the checks she wrote at BOA.
3.) KC can explain how AH's checkbook "accidently" slid itself into her checkbook wallet (as seen it the Target video).
4.) KC would have to prove she and Amy had the same style checks to explain how she wouldn't have noticed the difference between them at Target.

 

[RR0004]

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:

Wow...just great.

 

[countzero]

Does anyone know how the bank handles SP and CA's losses?
Again off memory, I believe SP stated that the bank reimbursed those funds back into the account.


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

Or those white sunglasses

 

[RR0004]

Yes, if Casey's defense on the fraud charge puts her on the stand (I will win powerball first) than she could open the door.

The only real defense in the fraud case is to say that she accidently picked up the wrong checkbook, supported by her signing her own name and using her own ID (cajones!) and that she never had an opportunity to right the situation as she has been in jail since becoming aware of it. But I have no idea how JB is going to say that is not her on the tapes.

Does she even have her own checking acct?
ETA: sorry...I was back in the thread when posting this.