Tape Discussion#2- Anthony's hired DC to find Caylee dead or alive *CLIP ADDED*

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He volunteered to work for the Anthonys and whether you're paid or not, the work product belongs to the Anthonys because he was employed by the Anthonys at the time the tape was made.

I found this article http://library.findlaw.com/1995/Jun/1/129370.html that does a good job of summarizing copyright ownership for work-made-for-hire.

IMO, the only way DC or the A's can claim ownership of the video is if they can produce a written contract with JH showing they specifically commissioned JH to make the video. Without that, regardless of whether he was working for DC and/or the A's, the video will remain the property of the author.
 
What difference does it make if the OCSO and the FBI now have the tape anyway? The way I see it...the A fam and JH are now just arguing over who is going to cash in on it.

Exactly, and had this video have come out during discovery and it wasn't a race to see who got the exclusive first, no one would be fighting over who the tape belongs to.
When this case first hit the news, I can remember one of the first post being..
Follow the money
There is no dout in my mind that it will also be on the last thread of this board when all is said and done.
 
OK, I may be off base but here is what I think.

I think LA decided early in that he was going to be the one to get KC to tell where the body was. He realized that he was only going to be successful if she fully believed he was telling everyone that he was searching for a live Caylee, while he was doing his "own investigation" trying to figure out her clues. I think at some point he told GA and CA that he believed KC's clues meant Caylee was dead, but he told them to keep up the pretense that they were looking for a live Caylee. I believe this heart-to-heart came AFTER the tapes were released of CA's giving LE the binder of "evidence" suggesting that KC was saying "Zanny" but maybe meant something else, and BEFORE the PIs went to tape.

I think GA believed him, I think CA kind of believed him. But I think neither of them wanted to believe him, who would?

I think LA carried on his "own investigation", probably reading every word about cell phone pings and maybe watching his OWN tapes of conversations with KC and trying to decipher the code. I think that it is particularly interesting when LA tells KC to send a copy of her letter through Baez AND through the prison mail. *IF* she did that, I am sure that someone else besides LA and JB have where the body was in her own handwriting. :woohoo:If she didn't, I think at the very least JB knew that she knew where the body was. I would imagine many, many defense attorneys know this about their clients. And obviously, this is not illegal for him to know and do nothing.

However, I firmly believe that LA's intention all along was to get the remains found, give Caylee some dignity, and end the circus. We all saw what it was doing to his family. I think he knew that he was the only one who could possibly fix this. KC couldn't tell LE where the body was, because she is "not guilty". She couldn't tell LA, GA, or CA directly because LE are recording every word. She could tell JB, but he would be a fool to let that out. But if LA could convince her that he intends to find the remains and get rid of them, then he becomes helpful to the defense. The defense then can ask PI Casey (and whatever videographer he can find) to go video the location and see if they find anything. The video is helpful to JB if for some reason DC does not find the remains.

I think DC is excited by the assignment, because he knows then what no one else in the world at that time knew for sure - that Caylee was definitely deceased. I don't think he was told to get rid of the remains, because I don't think JB would risk the possibility that DC would go public with that. JB just wants them to FIND them. DC calls LP all excited. Then they don't find anything. I think they then show the video to KC and have her clarify looking at the images. And they go out again. Still nothing. JB gives up, figures LA was reading the clues wrong or KC is just spinning more lies. GA and CA probably also are wondering if LA is right or if maybe they could hope that Caylee was alive again? But DC is not convinced... he goes back a couple more times to look, still nothing.

Then I think LA got something else from KC... a letter maybe? Or maybe some insight from JB? Something that firmed up his idea of where the remains were. Then somehow he gets MR to that spot. I like the connection between the MR supervisor and the Anthony's, but I am not sure. I think MR was helping LA, and I think LA's plan was to have them found "anonymously" thereby not alerting KC that he betrayed her, but ending the insanity. And I think LE learned about the connection between LA and MR immediately following the discovery of the remains. I think LE realized that LA was on the "good side" even though he was going around LE, he did it because he had to. I think MR really wanted to be anonymous, so that the connection with LA would not come out, but it did. LA lawyered up for this reason, but now it is pretty clear that LE does not intend to charge MR or LA with anything.

Inmate KC freaks out when the remains are found, because she hoped LA would get rid of them before they were found by anyone else.

JB is mad at DC though, because DC says he searched but the body wasn't there. JB encourages him to say that publicly, because that would be good for the defense, especially if the tapes are erased so he can't prove it. DC can stand up at trial and say he looked around that whole area and found nothing. JB doesn't stop to think that DC saying this also notes that they were searching for remains. DC does go public, even though he has no proof. LE insists on seeing the tape and speaking to the two of them. I can totally buy the claims that they taped over it - no reason to keep it if they found nothing... the tape was worthless at that point. From November 16th to December 11th, that tape had no value at all. However, it is obvious now that he did not tape over ALL of it. So he hands over the tape to LE, and gives his version of how this went down - I think he probably told the truth.

Around this time he realizes that everyone wants a copy of this tape and he can ask for the big bucks, because he has it. So he tries. And the A's find out and are mad... they don't want him making a King's Ransom off of Caylee... So they insert themselves (via BC) as the rightful owners of the tape and authorize GR to show it for free. Are they the rightful owners? Probably not. But since GR did not actually agree to JH's price, I don't see that JH could sue anyone - he didn't lose anything.

I am always surprised when I see posters here so angry with the A's. It seems so clear to me that they were walking a tightrope to get KC trusting them long enough for LA to get the location. Then they cut her off. I don't see them wanting big bucks for the tape or any notoriety at all after the remains were found. And people point to their insistence on checking out their "sightings"... but yet... they kept running into walls when they were trying to get more information on those... do we know for a fact that they made any real effort with LE to check into any of the sightings after, say, October? They could go on TV and *talk* about sightings and how difficult it was to get the mall to hand over their tapes, but I am not convinced they were really trying. Just acting, so KC would trust LA was not telling them the truth. I don't think a single person besides KC knew precisely where that bag was prior to the day it was found. They had hunches, clues, strong reasons to believe, but no proof until the day MR called it in. I can't see why any of these people need to be arrested.

Someone poke some holes in my theory, I am home with a sick kid today and have all day to think about this. :D

Your theory makes alot of sense to me.It also could be why LE has not arrested the A's.KC in the jail phone call was very upset she clammed up.maybe the 3 A's figured play her game lied to the public so it gets back to KC how they believe her BS,just maybe LE knew they were lying all along to get KC to believe they were on her side.I with you on the A's dont need to be arrested.
 
Exactly, and had this video have come out during discovery and it wasn't a race to see who got the exclusive first, no one would be fighting over who the tape belongs to.
When this case first hit the news, I can remember one of the first post being..
Follow the money
There is no dout in my mind that it will also be on the last thread of this board when all is said and done.

That's very prophetic and sobering.
 
I agree, LaLaw, they would not operate a "sting" with this kind of evidence - and what purpose would it have? Their suspect is and was locked up. Who were they trying to sting?
With the perp locked up and not talking...they wanted desperately to find Caylee's remains. Why not set something up in such a way that would get someone to lead them to her? Looks like by evidenced in that video...someone was searching for her there and it was not LE. They were not included either...before, during, or after. You don't find that the least bit unsavory?
 
Your theory makes alot of sense to me.It also could be why LE has not arrested the A's.KC in the jail phone call was very upset she clammed up.maybe the 3 A's figured play her game lied to the public so it gets back to KC how they believe her BS,just maybe LE knew they were lying all along to get KC to believe they were on her side.I with you on the A's dont need to be arrested.

Except the A's didn't clue LE into this plan. They've done alot of things that made themselves look guilty. The only people I know of that's acted like them are criminals or someone covering up for one. It would be an uphill battle for them to make anyone, including LE and the SA, believe they were doing everything they did for the greater good.
 
With the perp locked up and not talking...they wanted desperately to find Caylee's remains. Why not set something up in such a way that would get someone to lead them to her? Looks like by evidenced in that video...someone was searching for her there and it was not LE. They were not included either...before, during, or after. You don't find that the least bit unsavory?

IMO, if they didn't want LE's involvement before, they didn't want if after either.
 
Except the A's didn't clue LE into this plan. They've done alot of things that made themselves look guilty. They only people I know of that's acted like them are criminals or someone covering up for one. It would be an uphill battle for them to make anyone, including LE and the SA, believe they were doing everything they did for the greater good.
statement of the day! I agree. I also think that after the memorial service is over we may be hearing a LOT more on this via actions from LE. Seems like some of their feet dragging could also be related to this. My hoo only of course.
 
OH MY GOD! At 3:54 in the GR version of the Hoover tape you can see the book! MY OPINION ONLY!
 
The attorney arguing about ownership of this tape has allowed it to be seen, without his first viewing it because it shows nothing and the Anthonys don't want anyone profiting from the death of this child. If anyone loses his license it will be Hoover for shopping around work product he doesn't own. If you volunteer to work for someone, then you are working for them, it doesn't matter if you get paid or not.


I am no braniac....but doesn't work-product come into play when the outsider is doing work for the ATTORNEY?

http://en.wikipedia.org/wiki/Work-product_doctrine
The work-product doctrine is more inclusive than attorney-client privilege. Unlike the attorney-client privilege, which includes only communications between an attorney and his client, work-product includes materials prepared by persons other than the attorney himself: The materials may have been prepared by anybody as long as they were prepared with an eye towards the realistic possibility of impending litigation. Additionally, it includes materials collected for the attorney such as interrogatories, signed statements, other information acquired for the prosecution or defense of a case, "memoranda, briefs, communications . . . other writings prepared by counsel for his own use in prosecuting his client's case . . . mental impressions, conclusions, opinions, or legal theories."
 
IMO, if they didn't want LE's involvement before, they didn't want if after either.
do you remember in that one jail video when Casey asks her mother where Lee is or something to that effect and she says he is out running around and she has no idea and only talks to him on the phone once a day if that. She also seemed a little peeved by that.

Will look back and get exact time on the video. But it does demonstrate they were not all on the same sheet of music.
 
do you remember in that one jail video when Casey asks her mother where Lee is or something to that effect and she says he is out running around and she has no idea and only talks to him on the phone once a day if that. She also seemed a little peeved by that.

Will look back and get exact time on the video. But it does demonstrate they were not all on the same sheet of music.

It's funny, not in a haha way, to watch each video and interview and see how much each one is keeping from the other.
 
I cannot tell if it is THE book... anyone else? He sure did hover around it for a while tho.

It looks plain and white. Is that what you all are looking at? Like maybe a gift box or thick piece of foamboard?
 
OH MY GOD! At 3:54 in the GR version of the Hoover tape you can see the book!


You may be right. The video quality is too poor and overexposed to see anything on this thing. But when the camera pans across it, you can see very sharp edges like a book - and unlike a block or paver.
 

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