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

[Atlanta PI]

I did have some trouble with the hippa law in regards to our grandson 13 we called a psychatric hospital to verify he was there and they would not tell us. (Have a step daughter much like Casey) He was under 18 and it was psychiatric perhaps thats why. I know you can call a regular hospital and ask if soemones there, they will tell you regardless of the age.

Actually under HIPAA (The Health Insurance Portability and Accountability Act) even in a regular facility, you cannot get that information if the patient has opted out of the facility directory. That means that they get no flowers, no letters, no calls (initiated from the outside going through the operator), their name is not on the door of the room, and when someone calls they will not be told that the person opting out is a patient, they will be told they cannot be located in the directory. These patients are also known as Privacy Patients. You are correct, Psych is a whole other ball game. That information is considered super confidential under HIPAA, as is information relating to HIV and substance abuse. In almost every case, the patient has to authorize the release of this information in writing.

 

[ZsaZsa]

I saw a comment earlier that said the Defense is trying to recruit the A's into talking Casey into taking a plea ( is there one offered?) and that is what they want kept secret... hmmm
I can't imagine they could have any influence on her. I haven't seen her acknowledge them in over a year.

I don't think they will be giving any big defense secrets away by the Public knowing they are having her examined by Psych..

 

[Jomo]

I thought I would bump this up to discuss the latest ruling on this matter (Thanks Angel Who Cares!)

[ame="http://www.websleuths.com/forums/showpost.php?p=5260875&postcount=2"]Websleuths Crime Sleuthing Community - View Single Post - 2010.06.07 - Today's Current News - ***NO DISCUSSIONS HERE PLEASE ***[/ame]

Motion denied!

We can still follow the comings and goings.

 

[sirensong]

I thought I would bump this up to discuss the latest ruling on this matter (Thanks Angel Who Cares!)

Websleuths Crime Sleuthing Community - View Single Post - 2010.06.07 - Today's Current News - ***NO DISCUSSIONS HERE PLEASE ***

Motion denied!

We can still follow the comings and goings.

Woo Hoo!! I am so glad this motion was denied! They have all already gotten away with passing letters and God knows what else to Casey, even though it is not allowed. There hasn't even been mention of it, let alone JB getting in trouble for it. He has had free reign in this since he began bringing his computer into the jail. I think he should be held responsible for letting this go on, without the jail checking the letters, notes or whatever the Anthonys are sending back and forth.

 

[steadychick]

A while back I think I remember Jose expressing concern about "us" finding out what experts are visiting KC, googling them, and being concerned about their privacy. The fact that psychiatric professionals may talk to her seems to be no big deal -- kind of a given that Jose would have them come in. What I think he's REALLY concerned about is the public doing internet searches and learning what this specialist might specialize in, ie if a psychiatrist has written about/specializes in incest victims. What we find in professional journals and publications may just give away some of the defense strategy.

 

[wenwe4]

Interestingly, the last time I checked the only person who has visited kc consistently that has education/expertise in therapy was the mitigation specialist, who was visiting during those long overnight visits. I kept wondering why kc's atty's and the mitigation specialist would mostly visit late in the evenings. Now I am wondering if the mitigation specialist was doing some on-call crisis intervention during those long overnight visits. I found it quite strange that this social worker would be visiting or allowed to visit at such late hours and such long durations. Even JB and the rest of the defense team seems to visit late evenings (or at least they used to).

 

[ThinkTank]

I personally believe that Baez wants to get alllllll jail visitor logs, visitor videos .... EVERYTHING sealed, so Cindy and George and Lee can visit without the recordings, and without the public knowing when, and how often or how little, the family visits.
The jail atty - Ms Gappen(?) told the Judge during the June 1st Hearing that Baez wants more than just the visitor logs sealed ... she said that in the "wherefore clause" of Baez' Motion, he wants to "insure confidentiality of all records of whatever description"

I believe the "protecting identity of expert witnesses" is a smoke screen, to see if they can slip a Motion past Judge Perry and get what they REALLY want sealed, which is ALL visitor logs, so Cindy, George, and Lee can visit in secrecy.

 

[ThinkTank]

Interestingly, the last time I checked the only person who has visited kc consistently that has education/expertise in therapy was the mitigation specialist, who was visiting during those long overnight visits. I kept wondering why kc's atty's and the mitigation specialist would mostly visit late in the evenings. Now I am wondering if the mitigation specialist was doing some on-call crisis intervention during those long overnight visits. I found it quite strange that this social worker would be visiting or allowed to visit at such late hours and such long durations. Even JB and the rest of the defense team seems to visit late evenings (or at least they used to).

momgot2kids wrote:
"According to the motion filed by Baez, Jeanene Barrett [Mitigation Specialist] has spent "hundreds of hours" with KC but if you go by jail log:
6/19/09 1 hour
7/18/09 3 hours
8/3/09 3 hours
8/5/09 1.5 hours
9/25/09 7 hours
10/17/09 3 hours
10/18/09 1 hour
11/14/09 8 hours
11/15/09 3 hours
12/12/09 3 hours
1/9/10 2 hours
2/27/10 3 hours
3/12 2010 2 hours

that is 13 times for a total of 40 hours..."

 

[Jomo]

It is very interesting to see that HHBPJ mentioned in his order that "googling" experts is a not really a valid reason to seal visitor logs, as any experts related to the defense must be provided to the prosecution prior to trial, thus becoming public record anyways!

I think I would have to agree with a very wise WS member who pointed out that the sealed logs is probably to hide any commercial ventures, not defense moves!

http://www.wftv.com/pdf/23830104/detail.html (see second paragraph p.4)

 

[wenwe4]

momgot2kids wrote:
"According to the motion filed by Baez, Jeanene Barrett [Mitigation Specialist] has spent "hundreds of hours" with KC but if you go by jail log:
6/19/09 1 hour
7/18/09 3 hours
8/3/09 3 hours
8/5/09 1.5 hours
9/25/09 7 hours
10/17/09 3 hours
10/18/09 1 hour
11/14/09 8 hours
11/15/09 3 hours
12/12/09 3 hours
1/9/10 2 hours
2/27/10 3 hours
3/12 2010 2 hours

that is 13 times for a total of 40 hours..."

Hmmm, wonder if she billed for hundred(s) of hours of work that includes 40 hours of face to face time. It would be legitimate to bill for time collecting documents, reading, writing, and submitting documentation, travel time, time spent with collaterals, supervision time, time spent w/Atty's, etc. It would make sense to me that she would bill for 100 hrs and 40 of that was spent in face to face interaction w/kc. "Hundreds of hours" seems pretty high, IMO

 

[ohiogirl]

I am having a hard time believing that JB would go to all this trouble just for G & A to be able to visit. I can't see this as a reason for this motion. I think it is just what it is. He hwants to keep the logs private so he can keep all in the dark regarding their strategy. He will have to fess it up sooner or later. Waste of time. imo

 

[strawberry]

I wonder if this will change their strategy or if they will just Skype the visitors in via JBs Ipad. Or if we will get to see these top secret visitors.

 

[wonders]

I just read Judge Perry's denial to seal jail visitor logs.
At this point Judge Perry is my hero. IMO he shows just how the justice system should work. He seems to take great pride in his work as he shows many cases and explains as to why he is denying. He also has great handwriting.
I can't help but wonder if the defense is sorry they had JSS remove himself from this case because nothing will be overlooked by Judge Perry and his respones to any motions will be meticulous IMO to stand up to any appeals in the future.

 

[sleutherontheside]

Just a thought to consider regarding "hundreds of hours". Face to face time accounts for only a portion of the mitigation specialists time. They are "on the clock" while conducting research, writing reports, discussing the case with counsel, and otherwise spending time on it.

"Hundreds of hours"? Possible. "JB's embellishment in order to keep her instead of hiring an in state specialist that is not attached to Andrea Lyon?" Likely..... IMO

 

[zoey]

Just a thought to consider regarding "hundreds of hours". Face to face time accounts for only a portion of the mitigation specialists time. They are "on the clock" while conducting research, writing reports, discussing the case with counsel, and otherwise spending time on it.

"Hundreds of hours"? Possible. "JB's embellishment in order to keep her instead of hiring an in state specialist that is not attached to Andrea Lyon?" Likely..... IMO

ITA--but I also remember how jb went on and on about how necessary she was and that she was the closest person to ICA besides HIMSELF.....odd how the only ones she has in her little friendship corner she is "paying" (I know the state is covering at this tme)....whereas in freedom her friends were paying litterly & figuratively.....:waitasec: (sorry about spelling)

(O/T---everytime I read the name of this thread or any others that end with "Why" I always hear Nancy Grace ".....but WHY??"--)

 

[Mrs G Norris]

Sending in psyche to do assessment for penalty phase for sure...

Death Penalty Mitigation Statutes

Florida
Code Section 921.141(6)
Mitigating circumstances shall be the following:
(a) The defendant has no significant history of prior criminal activity.
(b) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.
(c) The victim was a participant in the defendant’s conduct or consented to the act.
(d) The defendant was an accomplice in the capital felony committed by another person and his or her participation was relatively minor.
(e) The defendant acted under extreme duress or under the substantial domination of another per- son.
(f) The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired.
(g) The age of the defendant at the time of the crime.
(h) The existence of any other factors in the defendant’s background that would mitigate against im- position of the death penalty.

(b), and (h) ... they'll need a psychologist to prove it and they don't want to tip their hand. Or maybe the expert they're hoping to bring in has very specific credentials. JMO

http://www.jdsupra.com/post/documentViewer.aspx?fid=d61d8c7b-896b-4c1a-bd87-f86425206b45

 

[Anais]

It is very interesting to see that HHBPJ mentioned in his order that "googling" experts is a not really a valid reason to seal visitor logs, as any experts related to the defense must be provided to the prosecution prior to trial, thus becoming public record anyways!

I think I would have to agree with a very wise WS member who pointed out that the sealed logs is probably to hide any commercial ventures, not defense moves!

http://www.wftv.com/pdf/23830104/detail.html (see second paragraph p.4)

Yes indeed very wise! That had never even crossed my mind until reading your post.

I just read Judge Perry's denial to seal jail visitor logs. At this point Judge Perry is my hero. IMO he shows just how the justice system should work. He seems to take great pride in his work as he shows many cases and explains as to why he is denying. He also has great handwriting.
I can't help but wonder if the defense is sorry they had JSS remove himself from this case because nothing will be overlooked by Judge Perry and his respones to any motions will be meticulous IMO to stand up to any appeals in the future.

BBM

Wonders ITA HHJP has definitely become one of my favorite hero's!

I can see why he has no cases overturned on appeals issues (except 1 I think?) He is one very high class, tough judge who will not take any nonsense. It also appears that he reads through all the smoke screens we WS'ers are worrying over long in advance!

I have believed since day one that when they requested that HJSS recuse that they did not really expect him to do so. Rather, that he would issue an order denying and just slap them accusing them of being silly. I also knew that somehow, some way this would come back to bite them square on the butt, and indeed it has. Karma isn't always in a favorable fashion...what's that saying, what goes around, comes around? :dance:

 

[Cher352]

Sorry if this is a repeat, I didn't see it anywhere. Here is link to a 6/8/10 article where this motion was denied.


http://www.clickorlando.com/news/23833535/detail.html

 

[nums24]

Casey Anthony defense team wants jail records sealed

http://www.orlandosentinel.com/news...anthony-jail-records-20101018,0,4064376.story

<snipped>

Attorneys Jose Baez and Cheney Mason want the court to seal her jail visitation log records as well as her jail commissary and telephone records.

The defense attorneys argue in their new motion that Florida's public records law was not meant to provide for such disclosures and that the release of such records "serves only to embarrass and invade the privacy of the defendant."

They also state in the motion: "Miss Anthony has not been convicted of any of the charges for which she is being held by the Orange County Jail."

Related: http://blog.richardhornsby.com/2010/10/caseys-public-record-exception/

 

[Sun]

I cannot believe that the defense is once again, for the umteenth time, whining about the public getting access to public records. Casey may at times "act like a child" but she is an adult.