2009.10.12 Defense's Motions In Limine-Preclude Murder Case Evidence, Prior Bad Acts

[MissJames]

Could someone post the Motions in PDF or link to them? I can't open the docs. Thanks in advance!

If I can I will.How do I do that? LOL i'll see if there's a place to make it PDF.

 

[Muzikman]

Could someone post the Motions in PDF or link to them? I can't open the docs. Thanks in advance!

They are in pdf form on Docstoc, not sure why you are unable to view them. They are also downloadable from there.

Try this link to see if it works:

http://www.docstoc.com/docs/13099942/Motion-In-Limine-to-Exclude-Alleged-Prior-Bad-Acts

 

[Sprout]

If I can I will.How do I do that? LOL i'll see if there's a place to make it PDF.

Thanks!! Maybe that or make them a word document? LOL I have no idea. I looked at the media sites and couldn't find them posted anywhere.

 

[beach]

I know exactly what happened here. They had a motion in limine from another case, a civil case in which there is a plaintiff. They used it in this case and cut and pasted to get it to fit the facts of this case, although they didn't do a good job because they left things in from the other case (supervising students). I've seen this happen a million times. Notice that the beginning of the motion refers to the "Plaintiffs" NOT the State. Yep, that's what they did allright.

That is exactly what happened. I keep basic Motions and Orders saved in my general folder - (eg. "motion.in.limine"). I open the doc, insert the specifics pertaining to the case I am working on, then save that Motion into the client's folder. I proof it at least 3x before I submit it to my boss for his signature. I would never grab a Motion from another client's folder and edit it - this motion is a prime example of why I wouldn't do that. Still, between paralegals and attorneys, it blows my mind that, obviously, not one of them proofed this motion. un-freakin'-believable

 

[strach304]

How are they going to do this if KC "allegedly" committed the crime that she is standing trial for (the forged checks), after the commission of murdering her daughter? It's like not mentioning the "pink elephant" in the room!

My guess is that they want that jail video where Casey admits she stole money from Amy not admitted.

 

[sumbunny]

Baez paid BOA for the out of pocket money they incurred from casey's use of amy's cheques. Isn't that proof of guilt right there?

 

[Padua]

Everything about their motions screams EPIC. FAIL.

 

[celticthyme]

It is a proven fact that KC is a liar. How is that hearsay? How is that not relevant to this case?

They should be talking about her "propensity" to LIE, STEAL etc. That is what she had a propensity for.

Establishing character (or a lack thereof) will be very relevant to this case.

The fact that KC lied about so many things (job, graduating, college, house for her and Amy, father of baby, miscarriage and on and on and on) will establish that it's extremely possible that she also lied about the NANNY.

Duh.

Not just hearsay: Grand Jury Indictment counts 4-7


4 – 7 Counts four through seven are all “providing false information to a law enforcement officer.”
Each count lists a time when Casey Anthony is alleged to have lied to investigators about Caylee.

Count four says she lied to Orange County Sheriff’s Office Detective Yuri Melich when she said she worked at Universal Studios in 2008.
Count five alleges she lied to Melich when she said she left Caylee with a woman named Zenaida Gonzalez.
Count six alleges she lied to Melich when she said she told two former Universal Studios employees that Caylee was missing.
And count seven alleges Anthony lied to Melich when she said she received phone call from Caylee on July 15

 

[cecybeans]

That is exactly what happened. I keep basic Motions and Orders saved in my general folder - (eg. "motion.in.limine"). I open the doc, insert the specifics pertaining to the case I am working on, then save that Motion into the client's folder. I proof it at least 3x before I submit it to my boss for his signature. I would never grab a Motion from another client's folder and edit it - this motion is a prime example of why I wouldn't do that. Still, between paralegals and attorneys, it blows my mind that, obviously, not one of them proofed this motion. un-freakin'-believable

We may be talking 101 students from that non-accredited law school at which JB is listed as "faculty". He is not teaching as far as I saw on their website which makes me think he is just using cheap labor.

Or maybe AL's students sent the basic boilerplate materials thinking JB could cobble them together and edit out or update the irrelevant terms. Since JB had such an illustrious career at Lexis-Nexis prior to passing the bar, one would think he'd be able to not only search the database but to fix the PDF wording.

His poorly worded motions show as much disrespect for the court as when he stands up there and calls JS "Judge". How hypocritical to wail on and on about being "disrespected" by the state when both he and his client have shown none for anyone involved.

 

[doogiesgirl]

cecybeans, thanks for pointing out the misuse of it's and its. Using the contraction when the possessive pronoun is required drives me nuts. I want to edit every post where I see these two switched incorrectly.
When I taught Freelance Magazine Writing at the local JCollege, I told my students to sound it out. To actually read the it's as two words: it is. If it made sense, leave the apostrophe in, if it sounded foolish take it out and make it one word: its.
Bless you for standing up for correct grammar.:dance:

I just had to tell you cecybeans that I sometimes leave the ' out of words out of laziness-----I'm so sorry!!:crazy:

I love this line! the defendant, Casey Anthony respectfully requests that this Honorable Court:

1. Grant this motion in Limine and direct the prosecution not to elicit or refer to in any way information regarding Miss Anthony's OTHER pending homicide case........

I know they meant to say either 'pending homicide case' or 'other case' but it sure sounds like they are referring to more than one Homicide case. Perhaps they are thinking of all the possible Homicide charges? Am I reading this wrong or is this another example of a shoddy motion?

I don't know how Judge SS does it when he has to read JB's motions. All I can picture is his eyes rolling around their sockets like one of those crazy hypno thingies. JB's motions are like peat and repeat to me. It was like what? 30 pages saying the same thing over and over! I got to page 9 of the second motion and threw in the towel. I'd read it all 20 times before! It's almost as bad as the sound of CA's voice to me.

Macushla--I thought the "other homicide case" was funny too. It's like, "ok, JB, what other people has she killed"? And the phrase of "kc's propensity to commit crimes"(or whatever), my god, does he realize what that reads like? Does he know one can replace propensity with -- inclination, weakness, disposition, proclivity, susceptibility or my personal favorite--"talent" ? Why didn't he just write "we know she is guilty but we don't think the jury should hear anything bad about our client". Completely lost on the "............attempts to show that Miss A had the propensity to not properly supervise it's students". What????? What the he77 does that mean? Did she have students? Oh god, I don't even want to think about the kind of class she could have taught and not properly supervised. (Being a smart @zz here)

I have no worries, they don't need to mention KC's pot smoking or her lying, or the murder charges to get a conviction. It's all there on tape and in her own words and her own writing. But my gosh--JB---there are just no words!!


:bowdown:Special thanks to MM. You do SO much for us. DG

MOO

 

[carrie]

Wondering if JB is familiar with the concept/activity called proofreading?? LOL My word, he makes himself look ridiculous with this kind of thing. KC so deserves to have him as her counsel, she truly does.

Mistakes happen are going to happen in documents. However, one would think that the importance of this case (or any case he happens to be handling for that matter) would at least merit one complete/thorough reread (or even 1st time read, lol) before he submits it to the court.

The more I see of Jose's handiwork, the more I see how perfect he and KC are for eachother. And, the more hilarious his smug expression becomes. JMHO

 

[The World According]

I'm confused what does this mean?

Page 2, Paragraph 1 -Motion In Limine To Exclude Evidence Of Alleged Prior Bad Acts

"The only purpose of evidence of these, and potentially other, alleged prior bad acts of Miss Anthony is to attempt to show Ms. Anthony had the propensity to not properly supervise it's students"

WHAT?????????? Is this a joke or am I missing something?

Clearly, they were using a prior document, trying to cut and paste paragraphs and messed up. Too funny. This reminds me of my brother and how he instructs his children and his staff , when they bring something to him, he always asks, "Are you proud of it?", inevitably they take it back, work on it a little more and then hand it to him. The other day, my little niece was showing him her essay and she offered up, "Dad, before you even ask me, yes, I am proud of it!", so she is learning to check her work carefully and that will serve her well whatever she wants to be when she grows up. Maybe Jose needs a dad or senior partner to aspire to.

 

[cecybeans]

I just had to tell you cecybeans that I sometimes leave the ' out of words out of laziness-----I'm so sorry!!:crazy:

Oh please! I am always making spelling and grammar mistakes in posts - this is informal stuff meant to imitate speaking which is much more relaxed and nobody cares!

What makes me crazy is when professionals handing in a legal document or making a formal statement are that sloppy. That's like finding big typos in a bestseller or something. I doubt any of us would hand in stuff like that at work if we wanted our name on it or had to sign it.

I mean, heck, even CA was making a case against ZG for being the real thing because someone left a "z" off the end of her name on a rental application.

 

[ZsaZsa]

Heck, while the defense is at it, why not just proclaim her the Virgin Queen of "Truthiness"..........

When she goes to trial she should bring along her Mother of the Year award .

 

[ZsaZsa]

Well, by about Friday of this week we should be able to see the State's response to these docs. Now that is worth waiting for :innocent:

 

[CarolinaMoon]

I don't know how "lying" can be considered a "prior bad act". When a person goes to trial, their character is also on trial. We all know that a chronic liar has a serious character flaw and Casey is one of the worst liars I've seen.

Anyway, if Casey espouses her mother's philosophy that lying isn't a crime... it's not a prior bad act anyway.

Personally, whatever the judge rules on the motions is okay with me. I really don't think that the State wants to nail Casey's hide to the wall on this one. The just need a guilty verdict to make her a felon prior to the murder trial.

This will be a very short trial:

Amy H. says that Casey borrowed her car and stole her checkbook.

Witnesses to all the documents.

Videos

Verdict: Guilty

There's nothing there for the defense to sink its teeth into. If they want to put up a vigorous defense to the case, they will have to provide some evidence Casey is innocent.

Can anyone come up with how the defense could possibly do this?

 

[Bittiness39]

Defendant's Motion In Limine To Preclude The Introduction Of Any Evidence Relating To Miss Anthony's Murder Case (Includes Table Of Exhibits and Memorandum Of Law in Support, 15 pages)
http://www.docstoc.com/docs/document...oc_id=13098974

Just what I thought...JB is saying, "Judge, the state keeps compiling more evidence against my client that doesn't fit with her story about a fictious nanny...it is unfair...make them stop."

Translation (for those without clouds/stars and bullcrud in their eyes) = the bug report is darning.

 

[100%Agave]

I don't know how "lying" can be considered a "prior bad act". When a person goes to trial, their character is also on trial. We all know that a chronic liar has a serious character flaw and Casey is one of the worst liars I've seen.

Anyway, if Casey espouses her mother's philosophy that lying isn't a crime... it's not a prior bad act anyway.

Personally, whatever the judge rules on the motions is okay with me. I really don't think that the State wants to nail Casey's hide to the wall on this one. The just need a guilty verdict to make her a felon prior to the murder trial.

This will be a very short trial:

Amy H. says that Casey borrowed her car and stole her checkbook.

Witnesses to all the documents.

Videos

Verdict: Guilty

There's nothing there for the defense to sink its teeth into. If they want to put up a vigorous defense to the case, they will have to provide some evidence Casey is innocent.

Can anyone come up with how the defense could possibly do this?

The only things that I can think of would be

a) They claim that she had permission from AH to use the checks or because she had permission to use AH's car and the checkbook was in there that gives her permission by omission (kinda sorta)

b) they claim that she did use the checkbook but she had no money and was in panic mode looking for Caylee and needed the money and that she had every intention of paying it back but got caught before she could

I don't think either of these would work so I hope that they have come up with something more inventive. This case is truly cut and dried and is going to be a no brainer for the jury. Better to plead No Contest and take whatever punishment is appropriate or beg the proscecution for a plea deal with time served or a small amount of time left after time served.

 

[countzero]

Oh and IIRC, JB agreed with Judge Strickland that the check fraud trial would only take a day. Also, wasn't there some discussion among the attorneys about this trial only being heard by Judge Strickland and not a jury? Or is this just wishful hoping on my part?

JB has lost the few if any brownie points he scored during the previous motion hearings. He owes not only Judge Strickland but the court clerks, the SA and the citizens of Florida a long apology for his behavior.

By the way, off topic somewhat, but doesn't the state have to give an accounting of the monies and resources spent to prosecute these crimes? Where does one go to find this $$$ amount.

 

[ZsaZsa]

The only things that I can think of would be

a) They claim that she had permission from AH to use the checks or because she had permission to use AH's car and the checkbook was in there that gives her permission by omission (kinda sorta)

b) they claim that she did use the checkbook but she had no money and was in panic mode looking for Caylee and needed the money and that she had every intention of paying it back but got caught before she could

I don't think either of these would work so I hope that they have come up with something more inventive. This case is truly cut and dried and is going to be a no brainer for the jury. Better to plead No Contest and take whatever punishment is appropriate or beg the proscecution for a plea deal with time served or a small amount of time left after time served.

How could they even pretend that Amy gave her permission, since she is the plaintiff in this case?