Watching Motions Hearing Live on Friday 10-10-08

[Brini]

While I agree with you that there are some that feel that way, there are others that have questioned "Why isn't she out searching for her daughter?"

With that said...if indeed what she has stated "she knows where Caylee is but was fearful for her safety if she talks", I could see why she wouldn't be forthcoming. She has said in the past that she didn't trust LE. My interpretaion of that is that, if indeed the above is true, she means, she doesn't trust LE to protect her or her daughter. JMO

Then, whose was the body she was driving around for days? And, how did the death band get into the Anthony female hair?

Why did she agree to cooperate with the FBI, and then refuse, when they came?

When I'm grieving or scared, I don't go clubbing every night, or troll for guys on the Net.

She's afraid of going back to jail. That's all.

 

[TotallyObsessed]

Believe it or not there are actually rules of professional and ethical conduct that govern lawyers.

If Casey lead Baez to physical evidence that pointed to a crime then he is obligated to turn it over to LE immediately.

If Casey told Baez who really has Caylee and she is still alive ... he has to tell LE or he is complicit to the furtherance of a crime (kidnapping).

Now if Casey confesses to Baez that she killed Caylee ... Baez is obligated to his client, to tell no one ~ because the crime is complete and in the past.

If I were Baez the minute Casey started bearing her soul to me ... I'd tell her to shut up and not say another word and unless he wants to be disbarred that is exactly what he did. Period.

Any defense attorney will tell you this ... ignorance is bliss and if client wants to confess ... find them a priest.

That's why MOST criminal defense lawyers NEVER ask "did you do it"! Some do, but most don't

 

[Chezhire]

O/T: Don't you just HATE those HFs!!!!!!! I know I do. and it always happens at the craziest times - like when I'm standing in line paying for something. I'm always afraid the sales clerk thinks I've stolen something because sweat is dripping down my face!!!!!!!!!!

As my mum says "it's your own personal summer!" LOL

 

[GirlinCentralFL]

Originally Posted by Brini
Didn't the prosecution write him a long time ago, about setting up discovery? Didn't he refuse to answer the letter?

And, what's all this about the Grand Jury process being one sided? It's NOT a trial.

It wouldn't surprise me if that happened. JB seems to be used to the relaxed protocol in a courtroom - not the highly charged atmoshpere where one must really move around/have a lot of dexterity (HAHA) with the codes of criminal procedure & evidence.

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JB was also the one that never got back to LE about the limited immunity. LE just let the deadline go by without saying anything.
So who knows if KC was going to take it.

 

[Brini]

She trusted LE enough when she called 911 twice during a protester engagement with her parents, and demanded they hurry up.

She also demanded that LE send "several people."

She trusts LE when somebody is inconveniencing her.

 

[karenc333]

Agree in part, as I'd love to see Caylee found, and because my post was not arguing with you but simply saying that you're giving JB too much credit (I don't think your well-thought "purposes" were on his mind,) but I don't think it's in anyone's best interests to allow Casey out and about in secrecy. I believe she's now at a point such that she may, depending upon how seriously she and her counsel take the word of a GJ convening next Tues, to begin consciously thinking about taking her own life, what with the potential for life imprisonment looming.

I'm not arguing with you either. I just feel that if there is anything possible that might bring Caylee home (still praying for that), I think it should be done. And I don't think that Casey would be allowed to just roam about unattended. I think they want it done in secret because of the public and protestors, etc... And you are right, she may be thinking about taking her own life. But she could do that at home as well.

 

[MiraclesHappen]

True but - I work for a Fed Judge and while you have some judges who can't put their personal opinions aside about certain lawyers - most "good and fair" judges can. So it shouldn't hurt him too much as far as that goes.

Except, that if counsel is not taken seriously, then counsel effectively loses all bargaining power and it ultimately slams the client.


There is no reason to roll over and give the other side a break or a deal when one is supremely confident one will roll over them like a freight train, anyway.


Now if JB inspired the reaction from the other side .....something like...Oh God not him, he's tough, we're dead, etc, then he'd be on the wheel and deal high road.

When the other side is concerned about reacting with laughter aloud in the courtroom --not so much.

 

[Pondering Mind]

She wouldn't if she was afraid to. I still think that if Caylee is alive, there is some very deep illegal activity involved with her disappearance. I'm still on the fence about whether Caylee is alive or dead.

Does Casey really look afraid to you? While she busily shopped at Target with stolen checks and partied it up? And even now as she comes and goes? She is more concerned about her appearance than anything else. She doesn't even appear to be afraid of going to jail and IMHO it's because she thinks that there will be some than she can convince of her innoncence, despite ANY evidence to the contrary. Even if this poor babys body is found, she will blame it on others and IMO, there will still be a handful of people, that despite everything that she has said being a LIE will believe her. She is counting on it.

 

[darlin gal]

karenc333

Registered User
Join Date: Aug 2008
Posts: 73


I do not feel that most of Baez's motions were unreasonable. I'm glad that the judge granted 7 of the 9. In regards to requesting Casey have the ability to search for her daughter: I think there was a two-fold purpose for this motion. One- the public has been asking "Why isn't Casey helping in the search for Caylee?" I think that this motion makes it clear to the public that she can not physically go and search for her daughter at this time. Just making the motion in itself speaks volumes. Two-if the motion is granted, then it will allow Casey (In Baez's eyes) to assist with the search of her daughter with the information that she and Baez have (the info that she has withheld from the police). If the motion is denied- she can't be judged for not searching because of the physical restraints of her bond agreement. JMO

Well she did have 31 days to search before confinement...I'm jes sayin'.

 

[Brini]

She has said in the past that she didn't trust LE. So, if they (the defense) uses information that she has provided them (if it is truthful info) could only be a plus if it resulted in finding Caylee, which it potentially could. In that respect, it would be a plus.

Except that she also has not given her own counsel any information that would help find Caylee.

She just wants out of the house. Cabin fever.

 

[rlms56]

Yes. Most of the detailed information he is asking for is already available to him and he needs to do his part formally to request it...He has not done that. He seems to expect the State to hand it all to him in a tidy binder. It doesn't work that way. The state is obliged to let him know what is available and its up to him to request the detail that is available.

In fact, it's a matter of public record per the prosecution.

 

[jinnimae]

If Casey is telling the truth about fear for safety, there is a huge difference in protection from protestors and protection from whoever it is that Casey is afraid of.

Most parents would agree: Their child's safety comes before the parent's life, if need be.

 

[Brini]

All I will divulge in a backwards sort of way is that I have worked in the legal field for many moons and yes, I do know a little about the law.

I've said this over and over, HE'S INCOMPETENT FOR THIS LEVEL OF A CASE. He may okay to draw up a will, estate planning, probate, but would never cut in the big city Dallas trial world that I live in.

Yes, she's entitled to a defense. Was Caylee??

That's what I'm hearing from the lawyers out here!

 

[darlin gal]

Originally Posted by karenc333
She has said in the past that she didn't trust LE. So, if they (the defense) uses information that she has provided them (if it is truthful info) could only be a plus if it resulted in finding Caylee, which it potentially could. In that respect, it would be a plus.

Casey is allergic to that "truth" concept.

 

[SailorMoon]

I don't know if this has been posted yet or not..

Shortly after the hearing ended, the Anthony family released the following statement: "Judge Strickland's decision today to grant access to all of the tips regarding Caylee's sightings is a victory for Caylee Marie. This is the first step in bringing Caylee home safely."

Yes....a victory in being able to talk to the tipster herself, Cindy Anthony. If she starts talking in 3rd person...so help me....I'll lose it!

 

[Chezhire]

True but - I work for a Fed Judge and while you have some judges who can't put their personal opinions aside about certain lawyers - most "good and fair" judges can. So it shouldn't hurt him too much as far as that goes.

TO - I agree. I also think that it's very important that an attorney strive to be someone a judge can respect and trust in terms of what he's doing, not doing, filing, writing, etc. It's not about whether or not the judge can be fair - as you point out, that's their job - it's about the overall practice of law and, if necessary, being given the benefit of the doubt in a close call and/or if the issue is res nova (ie, never been decided before.)

 

[Elley Mae]

I say give it all to Baez, it's not going to help. The fact is Casey does not give a damn about anyone but herself. LE has the goods or they would not be going to the GJ. Baez is probably trying to give her one last taste of freedom. I would think that after an indictment from the GJ she will be in jail. At that point it will be for homicide. Let the games begin.

 

[karenc333]

Most of the motions he asked for he could have easily gotten had he followed the laws of discovery. Also, any time you make a motion you cite previous cases. Did anyone hear him cite one? I counted over 67 "uhms and ahhhs" until I stopped counting.

I'm still confused about that. Is everyone saying that what he was granted was stuff he could have already? Did he believe that the state was withholding information that he was legally entitled to? And why was the prosecution arguing with those motions?

Allowing his client to wear items purchased with stolen checks and hiring that PR firm who has no grasp of the english language makes me question his judgement.

I agree that it is not a good thing for Casey to be wearing things that she purchased with stolen checks...if they were indeed stolen. For all we know Amy gave her permission to use them. I don't know. Maybe she is making a statement about that. Regardless if she actually stole them or not, in the publics eye, it is not a good idea that she wear things purchased with those checks.

Saying my client will not tell anything she knows if it will give her the death penalty is ill advised from a PR standpoint. HE tainted the jury pool with that statement. As a "joe-smoe" that infers to me that there are things she is hiding.

I'm not aware of that comment.

 

[Themis]

Caught up reading!
No surprises here in these rulings and in the deferred motions.

Granting the release of discovery; including the early releases helps protect the record against claims of ineffective defense or assistance of counsel. Judge Strickland is clearly protecting the record and helping to keep the case on track for speedy trial or moving it forward so there won't be so many defense delays. He indicated defense counsel had to do his own work in that regard as well. Understand why prosecution had not yet disclosed, but the results of granting discovery motions was not unexpected.

Sealing the records: Judge Strickland will deny the motion, but he will want to cite some of the avalanche of cases that have come down in recent years regarding the public's right to keep the courts and the records open. There is no duty of the courts to prevent against defense anticipated future unlawful and violent acts of alleged perpetrators who might think to harm Casey. If she really has a personal safety issue after hiring body guards and putting in the home security system; then she could always give up bail and go to the default position -- back to jail.

Second reason the Judge won't seal the home monitoring records is home confinement is part of the Probation Office and that is a County office. The County was not representated in that hearing. This may or may not make it into the opinion.

I predict Judge Strickland will not seal the home monitoring records.

Modifying Home Confinement: I predict that Judge Strickland will modify the home confinement, but not in a way that is requested by defense motions. Judge Strickland was concerned about the extraordinary six hour daily visits to the attorney and the fact that the officer didn't have a way of knowing where she was while at those visits. Home confinement is the Court's order and the Court can tighten up the definition of home confinement there. It is probably standard practice to allow attorney visits, but he may bring this back towards the standard practice and away from the extraordinary. As to searching for Caylee and going to the usual places she went to the month prior to being arrested; I predict Judge Strickland will not allow it. He was concerned with tampering with evidence and there is still evidence out there. He commented that there may be a potential homicide case in the future. He is aware that Casey can provide that information to her attorney for his investigators to follow-up or to LE for their investigators to follow-up. The usual factors showing the defendant is not likely to flee: home ownership, business, steady job history, highly developed career credentials, close ties to the community, are not present. The bail bondsman's stumbling on the risk factors -- without home confinement -- was very telling. Allowing Casey to search is essentially a partial home confinement and not consistent with the Judge's own orders or the practice of the courts.

Testing the Evidence: Neither side gave Judge Strickland enough information on the diminishing quantity to test argument. Theory is one thing, but in this case is there enough of the sample to re-test. The maker of the motion has the burden of proof to carry the motion. Baez is in a catch 22 because he doesn't have enough information about those tests yet to see the quantities left. Judge Strickland may deny the motion without prejudice, he may bring it again, or Judge Strickland may defer judgement and allow Mr. Baez to amend. Either way, he won't allow defense to interfere with the ongoing investigation. However, prosecution takes a risk here. If there isn't enough to re-test, they could lose having that evidence at trial.

Just my thoughts. Any comments?

 

[Gma Kat]

I'm not very knowledgable about this case (compared to most WSers - WHO ROCK!) WS has taken some heat on other blogs/boards as being witchhunters (those were the nice comments) but those were sites set up by or for the A's for what its worth... from what I can gather LE has something hard on KC at this point that we perhaps have no clue to...(okay, I'll bet someone in WS knows!) anyhow, I'm confident that there would be no GJ convening if LE didn't have something up their sleave...also, it appeared to me that the judge didn't rule on some of the motions because replies were filed via electronic filing last night and the judge nor his clerk have had an opportunity to review all the last minute filings...

If any of the A's are reading WS...which you know they do....
KC......TICK TOCK......:behindbar