2008.01.08 Court Hearings Discussion

[ThoughtElf]

I've copied and pasted, with my comments in red. Thanks, DotsEyes.

Originally Posted by DotsEyes http://www.websleuths.com/forums/showthread.php?p=3143101#post3143101http://www.websleuths.com/forums/ima...s/viewpost.gif
Motions to Compel:

Kronks unedited 911, etc., calls. Granted.
Crime scene photos. Granted - 10 days to produce.
With restrictions. State is supposed to sort through these and decide what photos they want the restrictions on.
Items from crime scene. Granted. 30 days to produce.
According to state, ME just recently released some of these items.
Investigation reports on all ZG's. Denied. State produces all they have.
Baez was also told he was more than free to do depositions on any of these ZG's he was interested in. This seemed to be a recurring theme.
DNA reports on GA,CA,LA. Granted. 30 days to produce.
Supposedly, FBI currently has the buccal swabs.
Fingerprints of GA,CA, LA. Denied without prejudice. FBI or Sheriff has them.
Timeline caendar of LE with AL. Granted. 15 days to produce.
This seems to have been brought up before. State says they can't make copy, as it is too big, and defense was supposed to come look at it and take notes or find some way to get the info from it they wanted. Baez agreed to go and take pics of it. Baez could also depose AL.
Hair for testing and all reports. Granted. 20 days to produce. No destructive testing.
State says FBI still has this.
Maps of LE searches. Granted. State has 10 days to look for them.
There was some conversation on this. State said motion asked for maps of every search conducted, and felt defense actually wanted info on the previous searches done on the area remains were subsequently found at. Baez agreed that was what he wanted. State said they also wanted this info, and they would get it, and share it with defense. Since all were agreeable, this motion was granted.
Release of 8/14 video visit of CA and GA. Granted. 10 days to produce.
Defense stated this was not released to them with the other visitation videos, and also not released to the media. State claimed it should have been, and said they would look into it and get it released.
Release of LE interviews with GA,CA,LA made after 7/16 and before 7/30. Granted.
There was some question on where and when these interviews took place. Baez claims references were made to them in visitations with Casey by family, and family told Baez they were conducted in interview room settings. It seemed (to me) undetermined if they were video/audio taped, and State was going to look into it.
Subpoena duces tecum to TES. No action taken.
State argued TES was private entity, Baez argued since they worked closely with LE and were given money by LE, they were working for the state. It was decided for Baez to simply ask Tim Miller for them, and if unsuccessful, to try and get a subpoena. It was brought up by the state defense seemed to be asking for personal info about the individual searchers, and state didn't think they were entitled to that info.
Crime scene photos and reports from car. Granted. 30 days to produce.
I got the impression defense had the photos from the car, and what they wanted was the reports by the techs. State said techs were not required to do reports, but they usually did as a matter of courtesy. State said reports were finished and waiting on approval from a supervisor when the remains were found, and additional information was now being added to the reports. State said they could try to get the reports handed over as incomplete, or Baez could do depositions on the techs, and ask for the reports himself. I can't remember what was decided on this one.
Search warrant affidavits of 12/11 and 12/20. Granted. 10 days to produce.
Polygraph results.Deferred pending memos of law as to discoverability.
Defense has been offered a list of persons who took polygraphs. Baez says that does him no good. It was debated on whether defense was entitled to the Q&A of the polygraphs.

It was also pointed out on the items obtained/produced from the discovery of remains, it has not even been 30 days yet. My impression was these things would be naturally turned over in a reasonable time frame, and Baez was jumping the gun on filing motions over them so soon.

All this is just my interpretation of what I watched.
Lanie

Bumping great post for late-comers!

 

[amethyst221]

Seriously???? JB has been put in charge of Caylee's body? SERIOUSLY????

I'm very upset about that. Even in death, poor Caylee doesn't get the caring mother she deserves. KC just passes on the responsibility like she always did. Makes me mad.

Could anyone please tell more about the "fingerprints on the duct tape? In what context did it come up? How was it mentioned? We've always suspected there were fingerprints, but this is the first time we've heard confirmation. If they were KC's, wouldn't have been mentioned already? Or not? Who mentioned it? Defense or procecution?

Nobody said there were in fact fingerprints on the duct tape. The prosecutor, while arguing the motion, said that right now the FBI has the exemplars for the A's. IF they find fp's on the tape or bags and compare them to the exemplars and generate reports, then there might be something to discover, and they will turn such documents over.

 

[*~Aimee~*]

All Videos from this afternoon's 1:30pm hearing are now uploaded:

http://www.youtube.com/watch?v=qz58i5JNbQY&feature=channel

Part 1
Part 2a through 2e
Part 3a through 3c

3 c is not there yet? :waitasec:Thank you bunches :blowkiss:​

ETA watching it now thanks...

 

[JaneInOz]

Florida Katz recordings are easier to view not so bumpy
One of the comments that a defense attorney made on one of the tv shows ? not sure which one (not being from over there) was that its quite usual for the defendant NOT to be present for all these hearings.
And that the prosecution were making way to big a deal out of it

I think they are trying to unnerve Casey. Remember she is only 22 years of age.
Hell Im 20 years her senior (eek old enough to be HER mother) and it would frighten me to death all that legal mumbo jumbo.

I note not many *viewers* in there - I thought it would be packed in the courtroom

 

[SarahR]

www.wftv.com has the full hearing up in two parts, the links on home page

 

[Carrington]

i think jb has become too personally involved with her and he should really let someone else handle her defense .. for her to give him control of caylees remains tells me theres something goin on here .after all her family has done for her and she pulls this ? he never knew or even loved caylee .. imho this is just wrong

Someone should inform Brad Conway, he thinks that Cindy and Gerorge have control of the remains. OR Jose is blowing smoke.


http://www.wftv.com/video/18430514/index.html

 

[tangerinemoon]

I wish she would just change her plea to guilty, she obviously doesn't care about even showing up to her own hearings. It would save the state of Florida's tax payers a lot of $$$$.

 

[gibby207]

Seriously???? JB has been put in charge of Caylee's body? SERIOUSLY????

I'm very upset about that. Even in death, poor Caylee doesn't get the caring mother she deserves. KC just passes on the responsibility like she always did. Makes me mad.

Could anyone please tell more about the "fingerprints on the duct tape? In what context did it come up? How was it mentioned? We've always suspected there were fingerprints, but this is the first time we've heard confirmation. If they were KC's, wouldn't have been mentioned already? Or not? Who mentioned it? Defense or procecution?

After listening to NG tonight, it appears that the "reason" for poor Caylee's remains to be in JB's custody is that there are some tests (the word toxicology came up) that haven't been completed and they wanted to hold out before burial. Maybe it's JB's way of feeling superior and stating such things...maybe it's not legal.... I just REALLY have a hard time understanding why she would leave her daughter in her lawyer's custody. I can't go there...

 

[gibby207]

I wish she would just change her plea to guilty, she obviously doesn't care about even showing up to her own hearings. It would save the state of Florida's tax payers a lot of $$$$.

Ditto TO THE MAX!! :furious:

Okay, that dated me...LOL

 

[LinasK]

Unfortunately, until she is convicted there is nothing anyone can do.

Something is seriously wrong with that picture. I know OJ didn't get to plan Nicole's funeral, and Scott Peterson didn't plan Laci's. Maybe Florida law needs to be changed.

 

[JaneInOz]

Ditto TO THE MAX!! :furious:

Okay, that dated me...LOL

I already posted this but its not necessary and with the media circus the way that it is I can guarantee this is being done to keep it low key
According to that defence attorney on whatever tv show it was it isnt the norm for defendants to show up to hear about whether photos should be turned over or not.

 

[Capri]

I don't know about the figurative aspect, jose is an odd bird but I think it would be unusual for a lawyer to say something like that in court unless he meant it literally. JMO

The very idea that this man would take custody of Caylee is beyond suspicious, I doubt anyone can find a case in which a defendant did the same thing, unless that person had no family.

It looks to me like casey anthony has just denied her family the right to even plan a funeral.....what a cold callous thing to do...assuming that she did. Something isn't right here, jose and casey act like they are lovers or something, this guy is crossing professional boundaries. Creepy.

Is the paperwork over who KC signed the release to private? Is it possible to secure a copy through the courts or the funeral home? Forgive if this is a naive question, I just have no idea of how that works.

 

[Chilly Willy]

Something is seriously wrong with that picture. I know OJ didn't get to plan Nicole's funeral, and Scott Peterson didn't plan Laci's. Maybe Florida law needs to be changed.

OJ wouldn't have had control of Nicole's remains under any circumstances, he was no longer her husband.

 

[zadari]

Someone should inform Brad Conway, he thinks that Cindy and Gerorge have control of the remains. OR Jose is blowing smoke.


http://www.wftv.com/video/18430514/index.html

i really am beginning to think none of them know what they are doing except LE .. my god this poor little baby .. this whole thing has been made into a circus .. and if caylees remains get on the internet i will just have a heart attack if i run into them ..

 

[ThoughtElf]

I already posted this but its not necessary and with the media circus the way that it is I can guarantee this is being done to keep it low key
According to that defense attorney on whatever tv show it was it isnt the norm for defendants to show up to hear about whether photos should be turned over or not.

It is law for defendants to be present for all 'substantiative' motion hearings, unless waived in writing, within the proscribed time period (I believe 24 hours) - and it is still at the discretion of the court whether the waiver is accepted or not.

1. not waived in proper and timely fashion today
2. court advised KC that her future waivers will also be at the discretion of the court.

The talking head can say whatever he likes - this is Judge Strickland's courtroom and he's obviously following the law as befits this very complicated case.

 

[countzero]

Something is seriously wrong with that picture. I know OJ didn't get to plan Nicole's funeral, and Scott Peterson didn't plan Laci's. Maybe Florida law needs to be changed.

S*cks doesn't it. Difference is KC is the natural living parent. Had the father been acknowledged then of course he would have legal custody of Caylee's remains. The A's do not have any legal standing regarding Caylee's remains.

OJ was a former spouse, no legal standing and SP was the spouse.

 

[cajun]

Speaking of which.... Where is Linda K. Baden? Is she still in, anyone know?

Yes she is still in according to Jose. He had to list the people who would see the pictures and where they lived. He said he wants Lee, Reichs, Fiero, Spitz,Badon to have copies of photos..maybe also T. Hutchinson, Dr Bach, to see photos. That was before they settled on having a secure website to put them on.

 

[Bev]

I've said this before, but it might bear repeating - in Florida, the defendant must appear at every evidentiary hearing - every single one. At the beginning of every hearing the defendant must state that he/she waives his right to be present at the hearing. The judge was not only lax in this requirement, he was negligent in his duties. Finally, the prosecution is waking up to this. If they want to set up the case for appeal, they seem not to have lost any chance to do so. This withholding of evidence and restrictions on the access to evidence is another issue that can and will come back to haunt them in appeals court.

This kind of arrogance and gamesmanship is exactly the reason why cases get overturned at the appeals level.

p.s. No, the defendant cannot waive this right in writing, it must be done in person at every hearing.

 

[cajun]

IIRC, JB did mention LKB, but interestingly, I don't remember him mentioning Kobe!

You are right. It didn't register with me earlier when he was listing the names of who he wanted to see the photos and Kobie wasn't on the list.

 

[gibby207]

It is law for defendants to be present for all 'substantiative' motion hearings, unless waived in writing, within the proscribed time period (I believe 24 hours) - and it is still at the discretion of the court whether the waiver is accepted or not.

1. not waived in proper and timely fashion today
2. court advised KC that her future waivers will also be at the discretion of the court.

The talking head can say whatever he likes - this is Judge Strickland's courtroom and he's obviously following the law as befits this very complicated case.

And, SA pushed this subject before the judge ruled. They saw a pattern and wanted to watch their arses before trial. It was a smart move by SA and judge, not so much JB.