2008.01.08 Court Hearings Discussion

[Chilly Willy]

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.

I don't think that necessarily means Kobi isn't still part of the defense team. What need would he have to see the pictures?

 

[cajun]

I'm trying to understand this too. Maybe Baez has physical custody of Caylee's remains, while Casey has legal custody. And George and Cindy have... squat.

I hope some of the legal people drop by this thread to explain and clarify.

I think I am beginning to understand why the delay with Caylee's funeral.

If I remember correctly, he said Casey was still Caylee's mother and he was legally responsible for Caylee's remains. Sounds to me like Casey gave POA to Jose. Now if she signs over Caylee to her parents at a later date to bury, I guess we will have to wait and see.

 

[Nore]

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.

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First off I agree with you.this is the height of injustice to the child.We dont know if OJ. and SP. turned over responsibility to the families.I thought SP. did but I may well be wrong."He" may have told KC. if they buried her too soon it would be hard to get a few tests.I still think there is a rift between KC.and the A's.. IMO

 

[cajun]

I don't think that necessarily means Kobi isn't still part of the defense team. What need would he have to see the pictures?

I don't know. I don't know why Lee would need to see them? Aren't they the same kind of DRs. I don't know who Hutchison or Fiero is either so I don't know if they would need to see the pics either.LOL

 

[maur33]

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.

Not sure if it's private or not as I haven't looked for it, I imagine it has been filed with the courts so depending on when she did it could already be available in the public records.

 

[ThoughtElf]

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.

TY. From the way it was expressed today, it sounded like a 24 hour waiver in writing was acceptable, and that appearances were only absolutely necessary at 'substantive' hearings. And I will bet many others got that same impression from the SA, defense and Judge's comments combined.

You don't happen to have a link to the statute/guideline about this for FL, do you? TYIA

 

[impatientredhead]

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First off I agree with you.this is the height of injustice to the child.We dont know if OJ. and SP. turned over responsibility to the families.I thought SP. did but I may well be wrong."He" may have told KC. if they buried her too soon it would be hard to get a few tests.I still think there is a rift between KC.and the A's.. IMO

I haven't looked it up but several posters have said California drafted legislation to deal with these kinds of situations so that the accused can't hold the body hostage.

 

[impatientredhead]

TY. From the way it was expressed today, it sounded like a 24 hour waiver in writing was acceptable, and that appearances were only absolutely necessary at 'substantive' hearings. And I will bet many others got that same impression from the SA, defense and Judge's comments combined.

You don't happen to have a link to the statute/guideline about this for FL, do you? TYIA

That is what they said. You can waive it in writing at least 24 hours in advance BUT the court may decline your waiver and drag your butt into court anyway. The prosecutors seemed to want her there so it wasn't an appeal issue. I think we will be seeing her at all of them, waiver or no.

 

[Pattymarie]

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.

What else does Casey have to do?

 

[JBean]

Linda D-B is who you saw and she is the assigned SA to the case for the prosecution.

JBean? Can I post her full name as part of the SA team?

yes you can if this hasn't been answered.

 

[JaneInOz]

TY. From the way it was expressed today, it sounded like a 24 hour waiver in writing was acceptable, and that appearances were only absolutely necessary at 'substantive' hearings. And I will bet many others got that same impression from the SA, defense and Judge's comments combined.

You don't happen to have a link to the statute/guideline about this for FL, do you? TYIA

That is how I understood it. I understood that it was in writing but my point was that - that defence att on the tv show was stating that it wasnt necessary for the defendant to be at every motion and that the prosecution were just pushing it.
I also understood that the prosecutors wanted to dot ever i and cross every t that there could be no come back that she hadn't waived her rights in writing.

They are going to be very thorough in this case.

 

[JBean]

They would never get an open ended immunity deal like that, they will have to outline what they are asking for immunity from and then there would be stipulations added on.

Totally agree. Immunity would not be all encompassing like that. It would be very specific.

 

[Bev]

According to Florida's criminal procedures statutes, it is mandatory that the defendant attend ALL evidentiary hearings. You cannot "file a waiver" it is a statute in Florida law, that the judge swear in the defendant and ask her if she waives the right to be present at the hearing. Other jurisdictions might have other statutes guiding the pretrial hearings, but this is the law in Florida.

 

[ThoughtElf]

yes you can if this hasn't been answered.

TY.

For those who were asking about the lead State's Attorney today in the black suit, her name is Linda Drane-Burdick. Florida Bar No. 826928

I am not sure if there is another acronym floating around here, but I personally use: L D-B

 

[LinasK]

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First off I agree with you.this is the height of injustice to the child.We dont know if OJ. and SP. turned over responsibility to the families.I thought SP. did but I may well be wrong."He" may have told KC. if they buried her too soon it would be hard to get a few tests.I still think there is a rift between KC.and the A's.. IMO

Well, on the flip side, I guess it's better than Casey having her cremated to destroy any further evidence if they needed to go back and re-test bone or hair samples. Hopefully, LE has preserved enough.

 

[ThoughtElf]

According to Florida's criminal procedures statutes, it is mandatory that the defendant attend ALL evidentiary hearings. You cannot "file a waiver" it is a statute in Florida law, that the judge swear in the defendant and ask her if she waives the right to be present at the hearing. Other jurisdictions might have other statutes guiding the pretrial hearings, but this is the law in Florida.

TY again. Might I ask again for a link to that statute? I'd just like to read through it so I understand for future hearings.

TY

 

[Bev]

No, I don't have a link to it, try googling Florida criminal proceedings statutes.

 

[JaneInOz]

TY.

For those who were asking about the lead State's Attorney today in the black suit, her name is Linda Drane-Burdick. Florida Bar No. 826928

I am not sure if there is another acronym floating around here, but I personally use: L D-B

Just because its a bit different and so I am on the same wave length is that the same thing as Assistant State Attorney ?

Thats what flashed up on the channel 13 video

 

[impatientredhead]

No, I don't have a link to it, try googling Florida criminal proceedings statutes.

(a) Presence of Defendant. In all prosecutions for crime the defendant shall be present:
(1) at first appearance;
(2) when a plea is made, unless a written plea of not guilty shall be made in writing under the provisions of rule
3.170(a);
(3) at any pretrial conference, unless waived by the defendant in writing;
(4) at the beginning of the trial during the examination, challenging, impanelling, and swearing of the jury;
(5) at all proceedings before the court when the jury is present;
(6) when evidence is addressed to the court out of the presence of the jury for the purpose of laying the
foundation for the introduction of evidence before the jury;
(7) at any view by the jury;
(8) at the rendition of the verdict; and
(9) at the pronouncement of judgment and the imposition of sentence.
(b) Presence; Definition. A defendant is present for purposes of this rule if the defendant is physically in
attendance for the courtroom proceeding, and has a meaningful opportunity to be heard through counsel on the
issues being discussed.
(c) Defendant Absenting Self.


http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/BDFE1551AD291A3F85256B29004BF892/$FILE/CRIMRules.pdf?OpenElement

Page 54- great link by the way for anyone that likes to reference Fl criminal procedures.

 

[amethyst221]

According to Florida's criminal procedures statutes, it is mandatory that the defendant attend ALL evidentiary hearings. You cannot "file a waiver" it is a statute in Florida law, that the judge swear in the defendant and ask her if she waives the right to be present at the hearing. Other jurisdictions might have other statutes guiding the pretrial hearings, but this is the law in Florida.

Thanks. It looked as if the judge was going to go ahead without Casey A rather than postpone the hearing, as if it was just a formality. Then the case the state gave him to read seems to have persuaded him he had been too lax in the past.