2009.05.28 Motions Hearing

[JustJax]

Just watching the playback of the hearing now for the first time and I remember reading a post earlier that Lyons had handed a note to Casey and she promptly folded her papers and sat nicely.
Later on I noticed Casey unfolding her halved paper, writing behind the top half, ( so as to prevent the zooming camera from observing what she was writing) and handing the freshly written note to Lyons, which she read between the protective fold.
Smart laywer.....

 

[Themis]

This is too complicated to give a simple answer, but here goes something. There are statements that might otherwise be actionable as libel if you said them elsewhere, BUT are insulated from liability by law because of context. Statements made about relevant, material issues during a judicial proceeding are protected. This is true even if the statements are false and made in bad faith. The law does mysterious things to reconcile competing interests. So, JB in this context might be protected from a libel suit, while CA saying the same thing on national television would not be.

It is slander, but it is not actionable because it falls under the "litigation exception." The theory is that the justice system and civil legal systems are so important in our society's truth finding and conflict resolution that anything can be said in court or in litigation pleadings or a litigation process and it is exempt from actionable cause of action for slander or liable.

 

[MidAtlanticNative]

Well, her attorney himself stated they gave her NO MEDICAL ATTENTION whatsoever. So I'm not sure how he's justifying using medical privacy issues about this video when he just declared there was nothing medical about the situation.

You bring up an interesting point. I noticed that the attorney started to utter 'HIPAA' and then stopped midway. I was waiting for this because although he may be able to make some other legal argument regarding privacy issues, HIPAA does not come into play here. I don't believe a corrections facility is considered a Covered Entity as the term pertains to HIPAA Privacy.

 

[jjgram]

:silenced::talker::sheesh::smiliescale::behindbar

JMO
God Bless !
jjgram

 

[Moe]

respectably snipped

Also, comments were made about CA crying. When the SA put the DP back on the table, CA treated it as if it was just a fake power move to up the pressure to get KC to plea. Now, with the arrival of the new DP attorney, there has been a new reality check. This is not just a bluff. This is as serious as "serious situations" get and the SA is deadly serious about the DP. For the first time, CA is realizing that the chance that KC could get the DP is very real. The DP attorney just removed all of CA's emotional buffer and it hurts. GA was there some time ago; about the time of his suicide attempt. He is stronger now. JMHO, of course.

Could the A's be upset due to the upcoming document dump? It seems they get the information before the public does. Perhaps that is why they are so upset, just throwing that out there.

 

[one_hooah_wife]

Yes, she was and the experienced DP attorney wrote a note to her and told her to knock it off. In a DP case, the defendant is on stage all the time -- every second --- and needs to act the part of a sober, respectful defendant at all times. The image of her being a fake lawyer and engaging in her own defense both underscores the fakeness (and enhances the image of her as a liar) and gives an impression that she is actively involved in a defense (or cover-up). No point in enhancing the most negative aspects of this case. KC needs to sit quietly, respectfully and attentively but take a completely passive role as if she is without knowledge of this case and it is serious business. This is clearly not the case where she should be "helping" her attorney or part of a defense "team." That image will hurt her and the DP attorney told her to knock it off.

Also, comments were made about CA crying. When the SA put the DP back on the table, CA treated it as if it was just a fake power move to up the pressure to get KC to plea. Now, with the arrival of the new DP attorney, there has been a new reality check. This is not just a bluff. This is as serious as "serious situations" get and the SA is deadly serious about the DP. For the first time, CA is realizing that the chance that KC could get the DP is very real. The DP attorney just removed all of CA's emotional buffer and it hurts. GA was there some time ago; about the time of his suicide attempt. He is stronger now. JMHO, of course.

ITA ... KC refusing to even glance her parents way, will say to the average juror, one thing ... that she is so guilty that can't even look her parents in their eyes! It doesn't matter if it's true or not ... it's a lot about perception. Also, if someone on the defense doesn't get a case of the warm and fuzzies before trial, the jury will not even begin to relate to them or their client. This is one abrasive, brash and polarizing bunch ... KC and the A's included. It's also a lot about likeability!

 

[ThoughtElf]

If you see them in person you might feel/see their grief a bit more. Their grief was pretty palpable.

Not to stir anything, but was that grief for KC or Caylee?

 

[OneLostGrl]

:silenced::talker::sheesh::smiliescale::behindbar

JMO
God Bless !
jjgram

omg- you kill me!! lmfao.

 

[hornswoggled]

Respectfully snipped:


Thank God you brought this up, Cece! When Ashton broke into that infantile, ghoulish, toothy grin today, because the judge chided JB, I moaned aloud. It was asinine and unprofessional of him, especially in a death penalty case. At that moment, he looked so foolish that now I'm worried about the quality of the SAs in this case.

What do you think?

Agreed. I was embarrassed by Ashton's behavior. And this isn't the first time either. The courtroom is no place for such antics, especially from someone who is in a courtroom practically every single day. It did make him look like a fool. I wished the judge would have admonished everyone about facial expressions such as this. Yeah, I'm worried about the case too. What a juvenile display. If Baez wants to make an idiot out of himself, it's sufficient to sit back and allow him to do so. No laughing and grinning from the other table is needed.

 

[autumnlover]

I, too, think there may have been a pow wow. I tend to think that the new DP atty. may have been more blunt about how their behavior and media tours MUST CEASE NOW....how Casey must appear more serious in court. I've been tossing it around in my head since seeing all of the Anthonys today. Everything about them was different - they appeared much more somber and beaten down. I wonder if Cindy finally got the message that things are totally out of her control this time. Something had them all looking so bleak today and it wasn't the events of the hearing. I am hoping that Andrea Lyons persuaded them that the only thing...the best thing...they could do for their daughter was to simply shut-up. I imagine that meeting with an attorney who specializes in death penalty cases was a very sobering experience. Maybe they realize the gravity of their situation now. I'm not sure that there was any talk about a plea deal though.

Definitely. I totally agree. I can't get a handle, though, on why Casey completely ignores her parents like they don't exist. What's up with that? You would think she would be glad to see them. Unless she really hates their guts, which has been at the root of all of this all along. I'm sure she has been telling them to stay away and not visit her. Any opinions on this??

 

[OneLostGrl]

Not to stir anything, but was that grief for KC or Caylee?

For thereselves!

 

[OneLostGrl]

Agreed. I was embarrassed by Ashton's behavior. And this isn't the first time either. The courtroom is no place for such antics, especially from someone who is in a courtroom practically every single day. It did make him look like a fool. I wished the judge would have admonished everyone about facial expressions such as this. Yeah, I'm worried about the case too. What a juvenile display. If Baez wants to make an idiot out of himself, it's sufficient to sit back and allow him to do so. No laughing and grinning from the other table is needed.

ITA it makes him look as childish as JoseB.

 

[hornswoggled]

Definitely. I totally agree. I can't get a handle, though, on why Casey completely ignores her parents like they don't exist. What's up with that? You would think she would be glad to see them. Unless she really hates their guts, which has been at the root of all of this all along. I'm sure she has been telling them to stay away and not visit her. Any opinions on this??

bolded by me

It's the only power she has left in this world.

 

[OneLostGrl]

Definitely. I totally agree. I can't get a handle, though, on why Casey completely ignores her parents like they don't exist. What's up with that? You would think she would be glad to see them. Unless she really hates their guts, which has been at the root of all of this all along. I'm sure she has been telling them to stay away and not visit her. Any opinions on this??

Lots but nothing that hasn't already been said

 

[OneLostGrl]

bolded by me

It's the only power she has left in this world.

It's the only power she's ever had!

 

[ThoughtElf]

:wink:

 

[JustJax]

Dude's a hot-head. He should have taken himself off the case after that first run-in with JoseB. JoseB's enjoying this, pissin' this guy off, and I'm afraid he's gonna do it during trial or whatever and it'll just be the straw with this guy.

I like him- don't get me wrong!! I love a pissed off DA, it means he cares, not many do anymore but I think JoseB is pushing this guy, knowingly and with pleasure almost.

I really really dislike JoseB, every time he puts on a show it's worse than the last, this guy has strong "terrible two's" type anti-social tendencies.. he doesn't even act like a teenager would. He is very interesting to me, JoseB is.

I'm sorry, but I love that Ashton points out every JB blunder with enthusiastic sarcasm.
This is pre-trial so there is alot of chortling, poking and prodding to test the Defense team's prowess or lack there of.
Come trial time I suspect there will be balls out seriousness, professionalism and a top notch case presented by the State.
They want Justice for Caylee Marie, and to make her murderer take the highest form of punishment for her most henious crime.
JMO......

 

[RR0004]

Maybe the new attorney is as lulled by the notoriety of the case as the rest of them, regardless of her capabilities. I took the defense spokesperson at her word a few weeks ago, when she said they had retained a DP qualified attorney but wanted to delay revealing the name to protect her from the media.

It sure will help her book sales.

 

[trixi491]

Respectfully snipped:


Thank God you brought this up, Cece! When Ashton broke into that infantile, ghoulish, toothy grin today, because the judge chided JB, I moaned aloud. It was asinine and unprofessional of him, especially in a death penalty case. At that moment, he looked so foolish that now I'm worried about the quality of the SAs in this case.

What do you think?

A part of me thinks that this could be Ashton being confident. JB comes off as VERY overconfident and sometimes I wonder if the prosecutors (like Ashton) have evidence that will nail KC that the defense doesn't know about yet. It's very clear he cant stand Baez and I wonder if he's enjoying the fact that he' and his client are "going down"--hence the giggles. All I know is if I were a prosecutor and worried about my case I wouldn't be laughing at the lead defense attorney. A part of me really feels like he knows they have it in the bag and can't wait to watch JB squirm.

 

[travelgal]

They better hope JB doesn't want THEIR phone records next. The wheels on the bus go round and round...

:clap::clap::clap::clap: Good one, KenoshaKid!!

Might be interesting to see what JB's phone records would tell us, hmmmm??