State Motion to recover Investigative Costs

[RR0004]

The defense would never agree to enter into that sort of stipulation.

But that's okay.

The statute on which LDB's motion is based, in fact does set out guidelines that tell us if the debt will poof at any point.

The court shall require the defendant to pay the costs within a specified period or in specified installments.
(b) The end of such period or the last such installment shall not be later than:
1. The end of the period of probation or community control, if probation or community control is ordered;
2. Five years after the end of the term of imprisonment imposed, if the court does not order probation or community control; or
3. Five years after the date of sentencing in any other case.
However, in no event shall the obligation to pay any unpaid amounts expire if not paid in full within the period specified in this paragraph.(c) If not otherwise provided by the court under this section, costs shall be paid immediately.
(3) If a defendant is placed on probation or community control, payment of any costs under this section shall be a condition of such probation or community control. The court may revoke probation or community control if the defendant fails to pay these costs.


So the amount ordered will become a condition of probation. Nonpayment can be a basis to do a violation of probation and impose sentence....
If she finishes probation and the debt is unpaid, the debt continues.
Interesting to see what the Judge does with this.
Thought that would :fireworks: be good news......

:wolfpinion

That is VERY good to know. Thanks, MH!

 

[Whisperer]

I agree with you. I don't think that the parents of a child that lies and costs LE a lot of money in searches, etc, should have to pay for what their child did. There should be a way to punish the child but not the parents. If they didn't know that their child lied and caused a loss of money to LE then I don't see how they can be held accountable. The child learns nothing if the parents receive the punishment that the child should actually receive.

The parents were the ones coming up with the phoney leads, FGS! They had LE working all over the darn nation and Puerto Rico. They and Baez pushed this theory all the way to the bank!! :rocker:

 

[Whisperer]

The defense would never agree to enter into that sort of stipulation.

But that's okay.

The statute on which LDB's motion is based, in fact does set out guidelines that tell us if the debt will poof at any point.

The court shall require the defendant to pay the costs within a specified period or in specified installments.
(b) The end of such period or the last such installment shall not be later than:
1. The end of the period of probation or community control, if probation or community control is ordered;
2. Five years after the end of the term of imprisonment imposed, if the court does not order probation or community control; or
3. Five years after the date of sentencing in any other case.
However, in no event shall the obligation to pay any unpaid amounts expire if not paid in full within the period specified in this paragraph.(c) If not otherwise provided by the court under this section, costs shall be paid immediately.
(3) If a defendant is placed on probation or community control, payment of any costs under this section shall be a condition of such probation or community control. The court may revoke probation or community control if the defendant fails to pay these costs.


So the amount ordered will become a condition of probation. Nonpayment can be a basis to do a violation of probation and impose sentence....
If she finishes probation and the debt is unpaid, the debt continues.
Interesting to see what the Judge does with this.
Thought that would :fireworks: be good news......

:wolfpinion

According to CM, he's the one receiving her checks (mailed in by fools).

Baez took the entire $200,000 w/o regard for paying taxes on it. He most likely saved his house with the money. I know he paid one of her bills with it. It was for $664.50 (approximately). It may have been the check fraud case because it was paid about two years ago.

I'm waiting to hear that CFCA is receiving SSI in about a year. :banghead: I also think her beloved group of attorneys will hide her money for her, especially since Mason admitted to having her checks. She has most likely given him POA. OJ hid out in Florida and never paid a dime. He had many people hiding money for him. Florida is one of the few states that allow you to own property despite having ability to pay...thus, the reason OJ moved there. Also, may be the reason many others moved there.

 

[MissJames]

More likely a lazy cop or one who did not fancy to wade into swamp water in Fla.' considering all the nasty critters in there. Probably no gators but possibly water moccasins. Still somebody had to read the incident report back at the Fort. Always curious how that was written up that it did not merit further investigation apparently. And that spot was so logical. Bet DT is going to try to get a hold of that report.
During the "a la fantasia" drowning story, DT was very careful not to disclose anything on how Caylee ended up in the swamp. I guess we pretty well deduced within reasonable doubt how that occurred unless you are one of the Pinellas 12.
I am very curious therefor what HHJP will use as a cut off date. The date they stopped looking for a life Caylee or the date when her little body was discovered.
I do not think he will go beyond the December 2008 date.

Just think. He would have been viewed as a hero if he had just done his job that day. He's another one I just don't understand. The woods just around the corner from Caylee's home and he couldn't be bothered to check it out.

 

[LambChop]

The parents were the ones coming up with the phoney leads, FGS! They had LE working all over the darn nation and Puerto Rico. They and Baez pushed this theory all the way to the bank!! :rocker:

KC was the one who initially lied about Caylee being kidnapped. Her parents just tried to get people to follow up on sightings that came in on the tip line and to them personally. Even Yuri admitted he found it hard to believe a mother would lie if her child had been kidnapped. I also think LE knew which leads were phoney and which were just people who thought they had seen Caylee. One tip was that Caylee was in the gas tank. lol jmo

 

[Whisperer]

LE knew all the leads were phoney, imo. However, they had to follow each and every bogus lead they were given because the Defense would cry "Outrage, you are just focusing on one person. It is hard to believe they had to even follow up on every single crazy lead they got. Shameful, what LE have to go through to protect themselves from Defense Attorneys and their ilk.

 

[LambChop]

Just think. He would have been viewed as a hero if he had just done his job that day. He's another one I just don't understand. The woods just around the corner from Caylee's home and he couldn't be bothered to check it out.

But as a beat cop he was probably thinking it was too close. If it had been a seasoned detective who worked on missing persons in the past, they would have assumed this could be something. Connecting it to KC, reason being she was always short on gas and at that particular time she was stealing the gas from gas cans to get around. Logic would tell us KC did not dump the body far from home. Almost as if she was on her way to TL's house and said to herself let me take a minute to unload the trunk. jmo

 

[lauriej]

Whatever he decides I expect it to be logical with something to back up his decision.

It won't be the entire case. I don't think anyone is asking for that ,are they ?
The parallel investigation stopped at some point and only the murder investigation remained.

Too bad they don't charge for every investigation that results in a conviction. It's the same premiss in a way. One's actions created the need to investigate ,charge and try the case. If you're found guilty you work while in prison to repay those expenses.

BBM

..in every case that results in a conviction, the defendant does pay a cost of prosecution/investigation as part of their sentence.
..the minimum is set at $100 per felony, and $50 per misdemeanour.

..LDB is going for a higher amount in this case (unbelievably cheney wants kc to only have to pay the $50 per--misdemeanour-- liarX4 conviction.)

LDB's motion:
http://www.ninthcircuit.org/news/High-Profile-Cases/Anthony/Downloads/MST13B6.pdf

1. Florida Statute 938.27(1) provides that in all criminal cases the costs of prosecution, including investigative costs by law enforcement agencies, shall be included and entered in the judgment rendered against a convicted person.

A mandatory minimum amount is set at $100 per case for a felony and $50 per case for a misdemeanor or criminal traffic offense - but the statute also states that: "The court may set a higher amount upon a showing of sufficient proof of higher costs incurred F.S. 938.27(7)&(8).

 

[Whisperer]

FCA's parents were yelling at every one to "Get off their asses and find Caylee". I recall Cindy saying she was not giving up, she was going to knock on every door till she found her. She didn't even go around the corner and look, no less knock on doors. I will always believe the parents suspected Caylee was deceased from day one...but that's another story.

I hope there is a lien placed on CFCA's head. I should know better than to hope the entire amount will happen though.

 

[jaleigh]

The way I see it she should pay for the whole caboodle. The trial, the investigative costs, everything. The fact of the matter is, she could've ended this a looooooong time ago by admitting her version of the truth. But no, she made everyone go through the expense of a trial and housing her in jail to what??? to prove some kind of sick point. She couldve ended this all at anytime she wanted. By telling people the truth. The lies she told permeated every facet of this case. The lies her parents told poisoned this case. The lies the DT told poisoned justice. She should have to pay for everything that we the taxpayers of this state were forced to pay for, A pack of lies! All imo!

bbm

belle3,
That's profound, it honestly is. Kudos.

mo

 

[jaleigh]

FCA's parents were yelling at every one to "Get off their asses and find Caylee". I recall Cindy saying she was not giving up, she was going to knock on every door till she found her. She didn't even go around the corner and look, no less knock on doors. I will always believe the parents suspected Caylee was deceased from day one...but that's another story.

I hope there is a lien placed on CFCA's head. I should know better than to hope the entire amount will happen though.

I was going to comment," From what we've seen, Cindy didn't walk anywhere to inquire about her granddaughter."


bbm

I hope a lien is placed on her too. I hope she's never able to own anything.

mo

 

[strawberry]

KC was the one who initially lied about Caylee being kidnapped. Her parents just tried to get people to follow up on sightings that came in on the tip line and to them personally. Even Yuri admitted he found it hard to believe a mother would lie if her child had been kidnapped. I also think LE knew which leads were phoney and which were just people who thought they had seen Caylee. One tip was that Caylee was in the gas tank. lol jmo

BBM OMG remember that!? Oy :lol:

 

[strawberry]

This is o/t but does anyone know when the hearing to unseal the jailhouse video is?

 

[Intermezzo]

This is o/t but does anyone know when the hearing to unseal the jailhouse video is?

I think it's Sept 28, 2011

I just posted and bumped up that thread

http://websleuths.com/forums/showthread.php?t=144324&page=4
TV Station Pushes for Release of ICA Jailhouse Video

 

[Intermezzo]

FCA's parents were yelling at every one to "Get off their asses and find Caylee". I recall Cindy saying she was not giving up, she was going to knock on every door till she found her. She didn't even go around the corner and look, no less knock on doors. I will always believe the parents suspected Caylee was deceased from day one...but that's another story.

I hope there is a lien placed on CFCA's head. I should know better than to hope the entire amount will happen though.

bbm
Well I can say for certainty she never came to knock on my door. Though George did drive around my area with the Caylee is missing billboard trailer...I never got to see it though.

 

[21merc7]

I see the posts asking about the parents being responsible for the adult child's issues.

Well, not in this State. When we had a bankruptcy attorney in the office, one young lady called and asked how could her mother put all her medical bills in her name now and she be held responsible? I asked the bankruptcy attorney. He said absolutely, once the child is 18 it can and in most cases should become the adult child's responsibility. (We had a lot of adults ripping off the elderly parents and forcing them into bankruptcy, so he was very adamant about it.)

So in this case, you would have to separate the two in some way. The parents could be held responsible for any investigation that they caused by lying, but they have not been tried in Court to prove their portion.

The second is the adult that lied and caused what will amount to a million dollar or more case, investigation and Court time, this includes lawyers fees, experts fees, etc... The State seems to just be asking for the recovery of the investigation fees now that it has been proven in Court that FKC lied about Caylee all along, pool or murder, she knew the child was gone and where.

So it falls to FKC not the parents here. Otherwise there would be a new investigation, more cost, into the parents role in any of the investigation to a kidnapped child. That would not be worth the time, cost, effort, as it clearly falls on FKC as the adult mother of the child.

Virtues, morals, ethics should have been taught at home, but we must remember those are subjective, and it would appear that by sticking together through lies, some families think they are providing just those things.

 

[strawberry]

@bobkealing
bob kealing
#CaseyAnthony defense files new brief asking that court cost be limited to efforts expended on crimes for which she was actually convicted.
2 hours ago

 

[logicalgirl]

@bobkealing
bob kealing
#CaseyAnthony defense files new brief asking that court cost be limited to efforts expended on crimes for which she was actually convicted.
2 hours ago

Thanks for posting this strawberry - I saw you in the tweet thread.

My question is - isn't this what the State is already doing?:waitasec:

Guess the Defense isn't feeling too confident about what HHJP's ruling is going to say....:woot:

 

[deanna82437]

Thanks for posting this strawberry - I saw you in the tweet thread.

My question is - isn't this what the State is already doing?:waitasec:

Guess the Defense isn't feeling too confident about what HHJP's ruling is going to say....:woot:

Hmmm .. that was my thought as well. Only asking to recover actual costs for her four lies.

 

[logicalgirl]

Hmmm .. that was my thought as well. Only asking to recover actual costs for her four lies.

Yes, the primary lie being - "The Nanny - er Zanny, kidnapped Caylee and I can't find her. I've been looking on my own..."