2008.07.03 a significant day?

  • #61
Do you think they haven't gotten the credit card bill for JCPenney yet? Oh yeah - CA gave that to JB right? So we don't get to see it because Defense already has it? Do we get to see it when Defense gives it to Prosecution? Does this Sunshine Law work in reverse?

Also, if FBI received DNA evidence (hair, swabs) back in October along with other forensic evidence and they disclosed results on all the other testing but not the DNA - do you think FBI is still working on it? Seems strange all the other results were there...just wondering...:waitasec:

This is where I think the wording of the public records requests by the media may come into play. Suppose the media asked for "everything given to Defendant (i.e., JB) in response to Defendant's Demand for Disclosure." Now suppose that the prosecution obtained the JC Penney bills from JB. Well, obviously they don't have to disclose the bills right back to JB--he already has them. So the bills would be SUBJECT to public disclosure but it's possible no one has ASKED for them properly.
 
  • #62
How many of us have ever heard of the family of a victim of kidnapping immediately thinking of setting up a MySpace page about the missing child and texting all their friends that the child was missing all while waiting for police to arrive to make the initial report of kidnapping?

I am not saying that their actions were good or even normal, I just haven't seen any concrete proof that they had something to do with Caylee's disappearance or that they covered up her death. This is not to say it didn't happen, however I can't just assume it did know everything or that they were involced because of their odd behavior. Again, this is JMO.
 
  • #63
CA told LE she didnt know how to do a MySpace page so who did hers?..Was it KC prior to 7/3 or was CA lying again?

She definitely gets text lingo & I know from this one she sent to KC on 7/12:

R u coming home 2 day

That was spot on & she probably learned how to do it from ALL the many cp texts between her & KC.
 
  • #64
I have seen a few posts here a while back about J3 and the other day from Blink on SM:

mark my words, July 3rd on a comments section about an article on LA.

I completely agree that is ground zero for all things mentioned on this thread, and to add, review the cell phone activity and the house phone records for Cindy, and then KC and Lee and Mallory.. Calls and texts, I think she told LA the car was jacked with caylee in it and he didnt really believe her until the 11th, when it was picked up. But i think that she told him that because he came across something at the A's house or his own.

JMHO


This is interesting! I wonder what Blink knows... hmmm
 
  • #65
Regarding July 3rd: Troy Brown INTERVIEW 07/25/2008 Pg15, line 3: TB: Uhm, we, I don’t, I, I didn’t know what the content of the calls were. But she was visibly upset and said that her brother was coming to get her and she just wanted to get out of here. And then we uhm, we left after that.

I wish we knew what he said to get her so upset!
 
  • #66
I have seen a few posts here a while back about J3 and the other day from Blink on SM:

mark my words, July 3rd on a comments section about an article on LA.

I completely agree that is ground zero for all things mentioned on this thread, and to add, review the cell phone activity and the house phone records for Cindy, and then KC and Lee and Mallory.. Calls and texts, I think she told LA the car was jacked with caylee in it and he didnt really believe her until the 11th, when it was picked up. But i think that she told him that because he came across something at the A's house or his own.

JMHO

Bolded by me

Ahhh - the mysterious Mallory. Wouldn't LE have interviewed her ?
 
  • #67
Bolded by me

Ahhh - the mysterious Mallory. Wouldn't LE have interviewed her ?

She is on the prosecution witness list so I would think they did interview her. This is another document that I don't think has been released.
 
  • #68
She is on the prosecution witness list so I would think they did interview her. This is another document that I don't think has been released.

Or, as I theorized about Annie, they interviewed Mallory but kept only "raw notes" that don't have to be disclosed. No recording or summary.

By the way, I couldn't find anything to confirm that JB deposed Annie.
 
  • #69
I think we all know theyhave interviews they have not released. I have wondered if they are releasing only what JB specifically asks for? Such as the jailhouse call just released.
 
  • #70
I think we all know theyhave interviews they have not released. I have wondered if they are releasing only what JB specifically asks for? Such as the jailhouse call just released.

They can't legally do that, if the material in question falls within the required categories of disclosure. A recorded statement or summary of unrecorded statement of a listed witness would have to be disclosed whether JB asks for it or not.
 
  • #71
They can't legally do that, if the material in question falls within the required categories of disclosure. A recorded statement or summary of unrecorded statement of a listed witness would have to be disclosed whether JB asks for it or not.


Perhaps there are exception if someone has immunity? I really don't know but I seriously cannot see how they do not have a deposition or interview of Annie Downling. It just doesn't make sense to me. She is a vital part of this.
 
  • #72
According to this http://www.brechner.org/guide2 for web.pdf it says that "Most portions of arrest and crime reports" on page 11. Also it states that there are more than 850 separate records exempted from the Public
Records Law. Perhaps these missing documents fall into this category?

I found the above site through http://myfloridalegal.com/sun.nsf/manual


It also states that court records are generally open for inspection once they are filed with the clerk, unless specifically closed by court order or otherwise exempted.

Again, I don't really know the law or how it works, but I still find it hard to believe that they wouldn't have any documentation on Annie Downing. Not only has she been best friends with Casey, she is also linked to the Xanex comment.
 
  • #73
According to this http://www.brechner.org/guide2 for web.pdf it says that "Most portions of arrest and crime reports" on page 11. Also it states that there are more than 850 separate records exempted from the Public
Records Law. Perhaps these missing documents fall into this category?

I found the above site through http://myfloridalegal.com/sun.nsf/manual

The document you linked to says that "most portions of arrest and crime reports" are public records.

What I was going by was the law enforcement manual I linked to earlier, which is much more specific about the application of the Sunshine laws to a criminal prosecution. For example, there is one exception ("active criminal investigation") that appears at first to be potentially applicable to some of these presumed "missing" documents, but the manual clarifies that the exception does not apply to material that is required to be released to the Defendant under the disclosure rules. And the statement of a witness, whether or not the witness has immunity, would have to be released.

BUT as I said, raw notes of an interview would not have to be released. So if LE did not want to tip off KC to something a witness said, I would think they would interview the witness but NOT record it and NOT create any written summary. LE would be aware that Baez could depose the witnesses and find out the information anyway, but there are a lot of witnesses on that list and if Baez doesn't know who's giving the critical info, he might waste his time deposing people with nothing much to say.... Plus I can't imagine he is too skilled at asking the right questions at a deposition. ;)
 
  • #74
The document you linked to says that "most portions of arrest and crime reports" are public records.

What I was going by was the law enforcement manual I linked to earlier, which is much more specific about the application of the Sunshine laws to a criminal prosecution. For example, there is one exception ("active criminal investigation") that appears at first to be potentially applicable to some of these presumed "missing" documents, but the manual clarifies that the exception does not apply to material that is required to be released to the Defendant under the disclosure rules. And the statement of a witness, whether or not the witness has immunity, would have to be released.

BUT as I said, raw notes of an interview would not have to be released. So if LE did not want to tip off KC to something a witness said, I would think they would interview the witness but NOT record it and NOT create any written summary. LE would be aware that Baez could depose the witnesses and find out the information anyway, but there are a lot of witnesses on that list and if Baez doesn't know who's giving the critical info, he might waste his time deposing people with nothing much to say.... Plus I can't imagine he is too skilled at asking the right questions at a deposition. ;)

I don't disagree. I do not have enough knowledge of the law to say for sure. I'm not sure how we even got to this :waitasec: from talking about July 3rd. LOL
 
  • #75
Perhaps there are exception if someone has immunity? I really don't know but I seriously cannot see how they do not have a deposition or interview of Annie Downling. It just doesn't make sense to me. She is a vital part of this.

Perhaps they made the decision to have Annie interviewed by the FBI, that would be my guess. In which case, the evidentiary burdens on discovery and disclosure do not apply as they do the state. Consequently, her name is spelled incorrectly on the witness list, it is DOWNING, no "L" fyi.

I agree she is the crux of the states case past forensics. Perhaps she testified at the GJ....
 
  • #76
They can't legally do that, if the material in question falls within the required categories of disclosure. A recorded statement or summary of unrecorded statement of a listed witness would have to be disclosed whether JB asks for it or not.

Agreed, unless it was recited in GJ testimony or received by the FBI.
 
  • #77
Agreed, unless it was recited in GJ testimony or received by the FBI.

I think we knew at the time who the witnesses were before the GJ and she was not one of them.

The FBI is an interesting idea. I think state LE would still have to turn over any recording/transcript/summary of such an interview that they received from the FBI, but maybe they made sure no one sent them one. ;)
 
  • #78
Well this is strange. I never noticed this before but she has him in her sims under two entries (the phone numbers match).



http://blogs.discovery.com/criminal_report/files/12.pdf

Kyle:Animal #46
Kyle K. #116


I'm still looking for anything on Kyle but haven't had much luck. The only thing I found where he is mentioned again is the timeframe of his call to Casey on the 15th of July when Casey told investigators that she heard from Caylee, however there was no such call. The two closest incoming calls came from her boyfriend at 12:13 a.m., and from someone named Kyle about 3:35 p.m.
 
  • #79
Perhaps they made the decision to have Annie interviewed by the FBI, that would be my guess. In which case, the evidentiary burdens on discovery and disclosure do not apply as they do the state. Consequently, her name is spelled incorrectly on the witness list, it is DOWNING, no "L" fyi.

I agree she is the crux of the states case past forensics. Perhaps she testified at the GJ....

Hmmm... I never thought of that. I wonder if they have to turn over the FBI interviews.
 
  • #80
I don't disagree. I do not have enough knowledge of the law to say for sure. I'm not sure how we even got to this :waitasec: from talking about July 3rd. LOL

You're right! Let's not mess up your thread!

So....back on topic.....I think the activities beginning June 30 when Casey presumably realized her car was gone are very odd. Strange middle-of-the-night/wee-hours of the morning driving around (per cell phone pings) two nights in a row (in TonE's car I guess), followed the first night by the shower at Jesse's and the second night by Laundry Day at JP/Rico's. Seemingly worried behavior. Then, July 2, an apparent feeling of relief ("I got away with it"?): writing Diary of Days, scheduling the tattoo. July 3, she gets the tattoo and goes out partying (still feeling "up") but Cindy and Lee (and Mallory too I think) start stressing her out again. ("I think I got away with it but they might just figure out what happened?") Nightmares follow....

ETA: also I believe the night of July 2-3 was when she stole Amy's money. I wonder how much the tattoo cost?
 

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