2010.01.25 Hearing

[logicalgirl]

I believe RH was pointing out that if any of the A's testify about any statement made by Casey (i.e., "she was not concerned, and explained to me that she had just spoken with Caylee on the phone earlier that day"), then the judge might permit the state to introduce Casey's felony convictions to show that Casey is not a credible witness.

I think the felony convictions are really beside the point when it comes to Casey. The jury is going to figure out that Casey is a liar without having to infer that fact from her felony convictions.

Sorry AZLawyer, I thought the only time it would matter is in the sentencing phase, whether or not she is a convicted felon.

 

[Amil]

Strickland "If States correct, lengthy sentence or worse she'll be acquitted and walk free"

I believe he said If State is correct lengthy sentence or worse; if defense is correct she'll be aquitted and walk free.

 

[mommaearth]

I think there has been well over 10,000 pages of discovery released so far.

I can't remember anymore but that would be great! The more the better!

 

[knt]

I believe he said If State is correct lengthy sentence or worse; if defense is correct she'll be aquitted and walk free.

I agree, worse as in death penalty ...

 

[debbie0604]

Went home for lunch to watch and glad I did for the comedy value. Jose needs to join Toastmasters and get some experience with public speaking. Do you think JS gets weary of having to give a lesson in practicing law to JB at each and every hearing? KC not looking so smug anymore. Loved first sentence out of SA's mouth in response to JB's contention that KC was being descriminated against. Other than that much as expected....

The "discrimination part" really got me.... like... WHO likes a mother who kills her child? I see no "discrimination" there. She's just..... not liked... that's all. Good grief!!

 

[mitzi]

I believe he said If State is correct lengthy sentence or worse; if defense is correct she'll be aquitted and walk free.

I think you are right, but I still chuckled over how it came out of Judge S.'s mouth! :dance:

 

[100%Agave]

Is it just me or does Baez look like he is none too happy to have to play second fiddle to AL? When the judge recommended not once but twice that he consult with AL about the discovery thing, he totally ignored the judge and didn't even look at AL even though AL came up to the podium.

With those dynamics, the murder trial should be interesting to say the least. I can see it now, every time AL stands up to object or whatever, JB will jump in front of her and talk over her. The lot of them are a bunch of spotlight hogs! Lights! Camera! Action!

Also what is JB's deal with the "reduction in bond" statement? Does he really think that he is funny? Why is it that he just can't manage to make it through a whole hearing without trying to make some cutting remark either thinking he is being funny or poking sticks at the pros or is it that he just can't stop himself from opening mouth and inserting foot?

On another note, KC's little performance of apology to Amy must have really stuck in her craw. She delivered her little speech, which you could tell was prepared because she looked up first like she was trying to remember what she was supposed to say. Tears from her have absolutely no effect on me at all. I just don't think that she feels sorry for anyone but herself.

 

[sassy_texasbelle2]

If JB acts like the class clown during the murder trial it should help to seal KC's fate. It will not go over well with a jury to see him making faces and acting like a 2 year old. I hope he does not stop. Let him act the fool (one that cannot speak a full sentence without sputtering). I would not let him defend my dogs.

 

[Horace Finklestein]

I believe you are thinking of when Baez used the word latent in his sentence right after they were discussing the latent print evidence...I think HE may have said they were latent with the report or something...

Yeah I think he misused the word or didn't understand the context in which the SA used it. I think he believed it meant 'late' or late coming, but I think latent prints has a completely different meaning, like secondary or something like that. He was flustered and repeating what the SA said out of context imo.

 

[mitzi]

The "discrimination part" really got me.... like... WHO likes a mother who kills her child? I see no "discrimination" there. She's just..... not liked... that's all. Good grief!!

Right, and if Jose wants to blame someone for that, he has no further to look than right behind him at CA. CA has brought on the hatred for herself and her daughter.

 

[Person of Interest]

Oh, what an awful thing that would be! But, if it was what was needed to secure KC's fate, then...... But, I really hope it belongs to KC instead. I already know that that baby suffered. : (

I am relatively new to this site but have spent the last 2 weeks totally immersed in this case. I have watched all the video, read all the transcripts and I doubt there is a jury in the land that would not convict this girl based on that evidence alone.
Fingerprints on the tape would be the final nail in the coffin. I am 1000% certain Casey was so desperately trying to get released from prison before the discovery of the remains so she could go to retrieve the tape and then she planned on jumping on the presented theory that an "accident" happened at the pool and beg for mercy.
The tape proves malice, she is done.

 

[mitzi]

Yeah I think he misused the word or didn't understand the context in which the SA used it. I think he believed it meant 'late' or late coming, but I think latent prints has a completely different meaning, like secondary or something like that. He was flustered and repeating what the SA said out of context imo.

Bold mine.

Latent prints are those that are not visible to the naked eye, but come out after treatment with chemicals, etc.

 

[debbie0604]

I wouldn't be surprised at all if they've held the most damning results close to the vest. I know I would have.

That's what I've been thinking all along!! I sure hope that's what they've been doing!!

 

[debbie0604]

Right, and if Jose wants to blame someone for that, he has no further to look than right behind him at CA. CA has brought on the hatred for herself and her daughter.

WOO HOO!! You've got that right!! Like mother like daughter!!

 

[mitzi]

I am relatively new to this site but have spent the last 2 weeks totally immersed in this case. I have watched all the video, read all the transcripts and I doubt there is a jury in the land that would not convict this girl based on that evidence alone.
Fingerprints on the tape would be the final nail in the coffin. I am 1000% certain Casey was so desperately trying to get released from prison before the discovery of the remains so she could go to retrieve the tape and then she planned on jumping on the presented theory that an "accident" happened at the pool and beg for mercy.
The tape proves malice, she is done.

Welcome to WS, POI! Love your handle!

I bet your ears are bleeding after watching all those videos!

 

[Cat13067]

I believe it is the bench notes that Mrs. Kenney -Badden wanted to "educate" the judge on, many months ago. She said that in her experience the FBI will not hand those over to her, that the State has to request them. The state insisted it is not their role to procure things the defense wants. The judge told the defense, request it from them (FBI) first, we'll see where that stands, then we may have to litigate it ( meaning between the FBI and defense ).

It appears the defense is still calling the state to get this info when the judge already explained months ago the path he wanted them to take, go to FBI , make the request, get their written response, file a document with the court asking for relief....

A first grader could follow instructions better. Maybe he should ask them everyone who understands my ruling place your finger on your

Mr. Ashton interjected, for God's sake have Mrs. Kenney -Badden call me and stop wasting time sending messages through six different people, she and I can have a productive conversation. (I am paraphrasing).

The interesting thing to me today was Andrea saying that if the defense was made to pay for the state coming to depose Roy's ex wife, perhaps the defense would need to declare Casey indigent. Obviously, besides being ill - prepared....money is a problem. I have been wondering how long it would take them to declare this. Maybe the pro bono publicity has lived its life and now she and Baez are thinking better to get some pay from the state than none.

She must have realized the public backlash to her book tour, she made sure to let the judge know she sacrificed and appeared today and had someone else teach her class, although she is normally only available on Thursdays and Fridays. I am sure he could not care less.

When I was getting chemotherapy my mind was very fuzzy. I had a hard time remembering what I ate for breakfast in the morning. How can this woman be declared a witness when she most likely is on morphine for pain, and experiencing the side affects of chemotherapy? I understand everyone handles chemotherapy differently, but in my experience seeing many cancer patients at Moffitt Cancer Center chemotherapy affects you mentally, and physically.

 

[mitzi]

WOO HOO!! You've got that right!! Like mother like daughter!!

LOL

Tree-Acorn

Pot-Black

 

[Leila]

I haven't read this whole thread yet, as I couldn't keep up with the live stream, the chat to the right of the screen, and this thread too.

I'm pleased with the results of this hearing - Casey is now a convicted felon and it can be used in her murder trial............the best possible result!

I'm sure that AL and/or JB had made Casey aware of the procedure, as they're required to do so in a plea proceeding. That's why JS questioned her prior to pronouncing his acceptance of the plea and his decisions regarding adjudication. Casey understood and I could see her reaction as she tensed her jaw and teared up. She understood that she was now a convicted felon and that the prosecution could use that in her murder trial.

The camera cut to George and Cindy, and they too understood and Cindy was crying. I was surprised at Cindy's appearance, as she seems to have aged since the last court appearance. She looks older and worn out.

Today was a win for the prosecution. I sure hope that when the prosecution and defense meet to discuss their schedules, they agree on a trial date. Schedules through November are to be discussed. My best bet is a trial in late October or early November.

 

[beach]

Sorry if this has been asked and answered...too much reading to catch up at this point...

One of the talking heads on either HLN or TruTV said the felony conviction can only come up if Casey takes the stand. Is that true? Is there no other way to get her conviction into evidence at the murder trial?

TIA

---snipped for brevity

Yes, in my experience that is the only way it comes in. Should Casey testify, one of the first questions from the State would be her in re. her status as to any prior convictions. specifically felonies. She would be forced to confess that she has 4? 6? (can't recall exactly how many he adjudicated guilty). The SA could delve a little deeper requiring her to disclose the nature of the crimes for which she was found guilty. Obviously, that would damage her credibility before a jury.

Basically, JS 'split the baby' today -- adjudicated guilt on some and withheld adjudication on others. Personally, I am thrilled with his verdict. I was quite concerned that he may withhold adjudication on all the charges, since she had no prior convictions.

 

[Leila]

I believe he said If State is correct lengthy sentence or worse; if defense is correct she'll be aquitted and walk free.

That's the way I heard it.