Watching Motions Hearing Live on Friday 10-10-08

[Brini]

He should be fired before the day is out but won't be unless CA speaks up. What a shameful showing of a defense lawyer. How is this guy going to handle a full fledged trial? I can't even see him asking for a speedy trial at the moment, he can't get 2 sentences out of his mouth. Whatever, just adding to the downfall of KC and that's a good thing.

She won't agree to any lawyer whom she can't control. That excludes al the good ones, the prepared ones, and the experienced ones.

 

[Truthwillsetufree]

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

Oh My Gawd Yes! I didn't even realize that very statement hasn't been pointed out before now. (Well, it might have been, I'm just seeing it now).:clap:

 

[okiedokietoo]

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.

House Arrest - it's a court thing - everyone else on house arrest or in Jail should be let out to "roam" with their attorney? It's not going to happen.

 

[darlin gal]

jinnimae

Registered User
Join Date: Aug 2008
Posts: 582


Quote:
Originally Posted by karenc333
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.

Amen.

The only Casey is afraid of is never attending another White party or Hot Body contest.

 

[SailorMoon]

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.

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.

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.

For sure. And I agree with the poster who pointed out before...you don't just go strolling up to the judge with that smirk and your hand in your pocket. Even without the smirk...it's just not done. What a goofus.

 

[karenc333]

Being given stuff which is mandated by a rule of criminal procedure is not a reflection of competence or lack of competence of anyone but the judge who is trying to get both sides to comply with those rules. :gavel:


I doubt a pro se inmate with hand-written motions would have had a drastically different outcome!!! :deal:


jmho

Again, that is what I'm really confused by. So legally, he could have had those all along but just wasn't given the info by the state?

 

[Chezhire]

I'm confused. Are you saying that the content in which Jose was asking for today, was stuff that he could have had all along just didn't ask for it for the state? Because he paints the picture that he has asked for it and it has not been given to him. Just trying to clarify.

I think JB "asked for it" by calling up the state and asking for "open file" discovery. I don't think he drafted discovery requests for information (Interrogatories) and things (Requests For Production; Entry Upon Land, To Test, etc) - thus he needs to go do his homework. I think he was refused same and he rushed to the motion practice instead of putting pen to paper drafting requests for that which he wants.

 

[Gin]

She won't agree to any lawyer whom she can't control. That excludes all the good ones, the prepared ones, and the experienced ones.

I guess that's karma. :clap:

 

[sandcastles4me]

QUOTE=SailorMoon;2800034]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![/QUOTE]


:rolling:

 

[Gma Kat]

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?

My comment is "WELL SAID!" You make me wish I wasn't retired and back at the law office slaving over motions...1

 

[Elley Mae]

Karenz are you insinuating that Amy allowed Casey to clean/empty her bank account. Please.

 

[MiraclesHappen]

Again, that is what I'm really confused by. So legally, he could have had those all along but just wasn't given the info by the state?

I don't recall that he asked for it.

 

[karenc333]

What happened to I left my daughter with my nanny. Whom I have known for 4 years. Now all of a sudden her Nanny is a Mafia hitman. :waitasec:

I just truly believe that if Caylee is alive, there is a whole lot more to this story than any of us are aware and that Casey has been involved with the wrong people and has reasons to be afraid. JMO

 

[Pondering Mind]

Karen, respectfully here, put yourself in the State's position. We'll just deal with the child neglect charge here, ok?

so, the state says to KC, produce your daughter. KC either can't or won't. While I'm assuming that the State has no right to our children, in cases where the child can't speak for themselves, the State has a duty to speak for the child. The parent has a duty to present the child.

In this case, KC has flaunted the law, given the finger to the State. Just exactly how sorry or sympathetic do you think we should feel?

The very fact that KC won't tell LE or CFS where Caylee is speaks volumes. Whether she murdered her or not, KC is more worried about KC than her daughter.

Are you a parent? If someone took your child and you didn't see that child for going on 3 months now, wouldn't you be on TV telling the abductors that you are going to do ANYTHING YOU POSSIBLY CAN to have your child returned to you? I'm not saying KC needs to be on tv explaining herself to us. I am saying she needs to produce Caylee. She needs to be doing everything possible to get her daughter back. That does not include ID theft, forging checks, stealing from friends and family, and dancing the night away with whomever.

So, just in case I haven't been clear enough on this, yep, KC deserves a defense. But, dude, Caylee deserves to be found! Let's all stop this damn defending of KC! Let's get to the heart of the matter, the crux of the biscuit.

KC needs to tell what happened to Caylee. She has to be concerned about her daughter. KC will get her fair trial. Isn't she lucky to live in a country that requires that? Too bad Caylee doesn't have a mom who will give her the same right.

so. really long story short: I will continue to bash JB for his juvenile legal antics. I will continue to trash KC at every opportunity. Pond scum.

Great Post! While I agree Casey deserves a defense, I really COULD CARE LESS about her. Somehow the fact that CAYLEE is out there (sadly IMO deceased) somehow gets lost in all this defending Casey and the possibility that she is "scared" drives me up a wall. That smile she had on her face the first day she was arrested looked nothing like fear to me. :furious: :behindbar

 

[Truthwillsetufree]

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

Ouch!...Witchhunters? Okey Dokey. I have faith in LE, I guess they are witchhunters too. Ya'll take it easy...me and my broom are outta here...for now.:blowkiss:

 

[Chillout1989]

Even if casey doesn't trust le, (as was told to us earlier in the investigation; and she wanted the fbi involved), she never pursued an active case with the fbi!!!!!!!

(i thought only ca and ga talked with the fbi? And i also thought le has requested many times to get the "story" from kc but she still declines!teh fbi and le are working together on this!)

 

[beetrue]

JB filed Discovery -in which was not complied. thus, he had to file these motions:
1. Motion to seal
No ruling yet, will be heard at a future court date

2. Motion for production of favorable evidence
Ruled in favor of defense

3. Demand for discovery and inspection relating to digital forensic evidence
Ruled in favor of defense

4. Motion to inspect, test and photograph evidence held by the state of Florida

Ruled in favor of defense

5. Motion to compel department of children and family records
Denied, Baez has to retile

6. demand for discovery and inspection related to polygraphs
Ruled in favor of defense

7. Motion to compel: release of records about investigation into Senoia Gonzalez
Ruled in favor of defense

8. Motion for allowing defendant to travel to places of interest
No ruling yet, will be heard at a future court date

9. Motion to compel flight manifest
Ruled in favor of defense

10. Motion to compel results of forensic testing
Ruled in favor of defense

11. Defendants motion to preserve forensic evidence and for court to consider additional testing
No ruling yet, will be heard at a future court date

 

[belladonna]

Remember the NUMBERS.. 82 and 82 now we have Caylee missing on the 16th,,,,Casey is arrested first time on the 16th.... wonder if new charges will come down on the 16th???? What think U??? That would be too wierd..

Just like OJ with 13 years ... 13 hours in deliberation

 

[JayBee1940]

Motion Hearing - Part 4:

http://www.wftv.com/video/17687549/index.html

 

[LCoastMom]

JB- "Do my job for me.":behind:
Judge Strickland- "Do it yourself.":gavel:

I thought Judge Strickland was very fair in what he gave JB. I sure hope this case is not moved and he presides over her murder trial.

Did Judge S slip a little bit at the beginning of discovery questions and start to bring up GJ next week? I kind of felt, knowing they're going to GJ next week helped JB. As long as GJ agrees to moving ahead with capital charges, with I think Strickland feels is coming down the pike, why say no today then go through this again next week.:Banane31: