2010.04.29 Motion to Seal Casey's Jail Logs. Why?

[rhornsby]

I agree they have a valid point after reading the motion, but shouldn't they have to back up their point with some relevant case law? Or is that not a requirement?

Well, considering that Florida's sunshine laws do not trump the United States or Florida constitutions, if they can convince the judge her right to a fair trial or due process of law have been violated, they have a good legal basis.

And considering the State has indicated they do not take a position, it would likely be granted - at least as it applies to experts.

 

[cecybeans]

And not everyone's case is being broadcast to the public. This case has unique circumstances that justify unique measures.

This is very true, but doesn't defense counsel usually ask for (rather than fight) a gag order, so that the case is not overexposed to the media?

It seems a bit disingenuous for the defense to have stirred up public interest in the case themselves by their frequent appearances on television talk shows and then turn araound to complain about how high a profile it has garnered, partially as a result of their efforts.

 

[seagull65]

Her family wouldn't have attorney-client "in person" privilege, they'd have to see her on the video taped monitors, so I doubt that would be the case,?

oh, if the jail visitation log were sealed does that not include sealing both the logs of professional visitors and visits from family/others?

I also thought like chesterp maybe the defense had filed the motion at Casey's request, maybe she was hoping her family/friends would visit more, etc? (One possibility?)

 

[seagull65]

Or maybe to keep visits from mental health professionals private, as mentioned by many folks here.
I was always baffled why the defense hadn't had extensive medical/mental health eval done on Casey (or at least we had never heard of it), (not just as a matter of mitigation, but in my mind to diagnose any medical issues which may have affected her behavior, understanding, perceptions and reactions during the time of Caylee's disappearance. In my mind not so much issues of does Casey hate her mother or was she possibly molested as a child (though that would probably be of interest to mitigation if she's guilty) , but other health/brain issues/mental health issues IMO. If they are checking out her health/mental health now, I'm sure glad. If I were her defense the first thing I would have wanted to find out would be a lot of medical info.

 

[Spangle]

And not everyone's case is being broadcast to the public. This case has unique circumstances that justify unique measures.

True, but this is a case of getting what you ask for. KC wanted the attention and still does. JB also eats it up. It is because of that same attention that they so beg for, that causes this case to be under the scope.

So I don't think it justifies unique measures. They have to take the bad with the good that comes from the media attention.

We would ALL love just to take the 'good' of things, and forget about the bad. But that is NOT life.

 

[rhornsby]

True, but this is a case of getting what you ask for. KC wanted the attention and still does. JB also eats it up. It is because of that same attention that they so beg for, that causes this case to be under the scope.

So I don't think it justifies unique measures. They have to take the bad with the good that comes from the media attention.

We would ALL love just to take the 'good' of things, and forget about the bad. But that is NOT life.

Fortunately the appellate courts do not look at things through such rose tinted glasses.

The question they ask would be whether the "public's need for discovery of who was visiting Casey Anthony while she was preparing her defense outweighed Casey Anthony's right to have a fair trial and due process of law."

And to further the point, it was Judge Perry who decreed that the jury selection venue would not be disclosed until the last possible moment specifically because of the adverse effect the media would have on the fairness of the case if they had advance notice of the location.

So in many respects, I think Judge Perry has already tipped his hand as to how important he would view the "need for the public to know what experts are visiting Casey Anthony while she is preparing her defense."

 

[rhornsby]

oh, if the jail visitation log were sealed does that not include sealing both the logs of professional visitors and visits from family/others?

I also thought like chesterp maybe the defense had filed the motion at Casey's request, maybe she was hoping her family/friends would visit more, etc? (One possibility?)

Please do not mix apples with oranges.

Only people directly working for the defense team could get permission from the jail to visit her in person.

Her family or friends would be required to schedule video visitations like everyone else.

 

[Tulessa]

Please do not mix apples with oranges.

Only people directly working for the defense team could get permission from the jail to visit her in person.

Her family or friends would be required to schedule video visitations like everyone else.

That's what I was hoping to read from you.

 

[Sun]

And not everyone's case is being broadcast to the public. This case has unique circumstances that justify unique measures.

Why wasn't the media notice on this Motion? Perhaps there is no legal basis for my thoughts, but I have a huge problem with the defense trying to use the Court to control what the media may print if they desire. To use the Court in an effort to hide perhaps what might appear to be somewhat shady practices of the defense attorneys. Casey's inmate visitor log has many times been released by the media, especially early in this case. The defense has continued to give interviews to the media. Yet they want to use to Court to limit what the media may print.

I think that CM was none too happy about the exposure of his expired notary stamp, at least not when the date/times on Casey's inmate visitor's log were compared with the date/time that the motion that was filed with the clerk of courts.

 

[Spangle]

Why wasn't the media notice on this Motion? Perhaps there is no legal basis for my thoughts, but I have a huge problem with the defense trying to use the Court to control what the media may print if they desire. To use the Court in an effort to hide perhaps what might appear to be somewhat shady practices of the defense attorneys. Casey's inmate visitor log has many times been released by the media, especially early in this case. The defense has continued to give interviews to the media. Yet they want to use to Court to limit what the media may print.

I think that CM was none too happy about the exposure of his expired notary stamp, at least not when the date/times on Casey's inmate visitor's log were compared with the date/time that the motion that was filed with the clerk of courts.

Which is why we have this Sunshine Law in Florida. So the public can investigate if they so desire and catch such things.

 

[ZsaZsa]

What is the purpose of the Sunshine Law if not to allow everyone to view public records? If you start claiming the uniqueness of this case, then everyone will claim the same. There's nothing unique about this woman, she's a common criminal and the Public is entitled to see the records, regardless of whether the SA has any 'position' on it.
She already has the protection of HIPAA law regarding the confidentiality of her medical records, so someone wanting to evaluate her mental health would be covered by that Law.

 

[Spangle]

Bingo!

However, HIPPA wouldn't cover noticing a person going to a medical office. Which is why the media can set outside a medical building and report on who goes in and out. HIPPA doesn't protect from that. IT does protect from the medical personal discussing a persons medical issues.

 

[Sun]

What is the purpose of the Sunshine Law if not to allow everyone to view public records? If you start claiming the uniqueness of this case, then everyone will claim the same. There's nothing unique about this woman, she's a common criminal and the Public is entitled to see the records, regardless of whether the SA has any 'position' on it.
She already has the protection of HIPAA law regarding the confidentiality of her medical records, so someone wanting to evaluate her mental health would be covered by that Law.

If the defendant's own attorneys create a situation of "uniqueness" and continue to fuel it, then is the court required to protect the defendant from this? My mind is saying "perhaps." Legally, I just don't know.

Perhaps if the defense wishes a particular witness to be "redacted" on Casey's inmate visitor's log, then they should be required to argue their reasons for a particular visitor. I don't know.

 

[faefrost]

What is the purpose of the Sunshine Law if not to allow everyone to view public records? If you start claiming the uniqueness of this case, then everyone will claim the same. There's nothing unique about this woman, she's a common criminal and the Public is entitled to see the records, regardless of whether the SA has any 'position' on it.
She already has the protection of HIPAA law regarding the confidentiality of her medical records, so someone wanting to evaluate her mental health would be covered by that Law.

Exactly. Heightened media interest does not in and of itself become a special circumstance. She should be treated as every other prisoner. If this causes issues with legal proceedings then it needs to be addressed to the legislature to amend the Sunshine Laws and policies of public disclosure.

 

[cecybeans]

What is the purpose of the Sunshine Law if not to allow everyone to view public records? If you start claiming the uniqueness of this case, then everyone will claim the same. There's nothing unique about this woman, she's a common criminal and the Public is entitled to see the records, regardless of whether the SA has any 'position' on it.
She already has the protection of HIPAA law regarding the confidentiality of her medical records, so someone wanting to evaluate her mental health would be covered by that Law.

That's very true, but the defense even having a psychiatric professional coming to visit might telegraph strategy or certain intentions by the defense, particularly once the person's name got out into the public and any field specialties were researched.

This would probably fall under a similar statute as the pros used in their recent motion to protect the identity of a witness from undue public scrutiny.

 

[Sun]

WHEREFORE, the Defendant prays this Court enter its Order directing the administration of the Orange County Jail to ensure the confidentiality of all records of whatever description including, but not limited to, sign-in logs regarding contact or visits from any persons with the Defendant herein.

Does this statement in the motion mean that Casey is seeking to keep her commissary orders confidential, in addition to asking to have her visitor logs kept confidential?

 

[ZsaZsa]

Bingo!

However, HIPPA wouldn't cover noticing a person going to a medical office. Which is why the media can set outside a medical building and report on who goes in and out. HIPPA doesn't protect from that. IT does protect from the medical personal discussing a persons medical issues.

The experts would be visiting her in jail though- she would not be going out for medical appts.
There is nothing unique in requiring a prisoner to undergo Psych evaluations,if that is what they are covering up, so what's the big secret about?. From what we have seen of these Defense Attorneys so far, it smacks of something shady and underhanded, and since the Sunshine Law gives us the RIGHT to inspect records, that is what I would like to do.

 

[ZsaZsa]

That's very true, but the defense even having a psychiatric professional coming to visit might telegraph strategy or certain intentions by the defense, particularly once the person's name got out into the public and any field specialties were researched.

This would probably fall under a similar statute as the pros used in their recent motion to protect the identity of a witness from undue public scrutiny.

It's probably safe to assume that Casey's Psyche is going to be examined by whatever experts the Defense wishes to send in. So, a few Psychiatrists, Psychologists,Neurologists,Sexual Abuse experts will see her- no big surprise there...

 

[sleutherontheside]

Which is why we have this Sunshine Law in Florida. So the public can investigate if they so desire and catch such things.

That's it...in a nutshell!!!!!!!!!!!!!!!!!!!

And I would like to add....that given that the OC Jail has been the center of MUCH controversy....from escaped inmates to jail employees facilitating prohibited prisoner contact and violating jail policies..... that the public has right to know what is going on in that place. Not just what is going on with KC and her "boys". If I lived in Orange county, I would want to feel certain that the jail was not corrupt. An extreme statement? Sure, but it illustrates that the jail policies and practices are BIGGER than KC.

The sunshine laws were put into place to provide transparency in gov't. As a taxpayer....I want to know if the jail is operating properly or if it is on it's way to acting like the Federal Judicial Police (now disbanded) in Mexico.

 

[Gypsy Road]

Just curious...why would an expert witness be going to see Casey? Are they talking shrinks here? I wondered if the reason for this was because of the Strickland motion and the questions about how the defense filed it while they seemed to be visiting with Casey. What truly irks me is it's been almost 2 years. Where the heck have the experts been up till now?

Maybe because JB didn't want to give up or pay the experts any of the money he got from the ABC deal. He wanted that all to himself. Now that he has the State of Florida footing the bill for KC's defense he's finally scheduling the experts?:waitasec: