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

[Tulessa]

Richard? Is there any chance that this will pass the mustard this time? Just curious as to your input.

 

[tragco]

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.

When I read this today, I honestly thought I must have clicked on the old media thread by mistake or something.

 

[Aghast]

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.

Perhaps her thick skulled lawyers just can't quite understand the laws as they are written in Florida?
I mean think about it, how hard was it for Mr. Baaezzzzz to comprehend and execute a simple list for the judge at the status hearing a couple of weeks ago?It was a STATUS hearing, what the heck did he think was going to be asked of him?

 

[Horace Finklestein]

Ok, so now I'm rocking in my chair like Judge Perry...

Umm...seriously Jose? Really? This is at least the third time he has brought this up. The THIRD time. There is no reason for her calls to be sealed. I think HHJP said he does not control the jail, and if it's cruel and unusual, he can file a lawsuit. Other than that, he quite politely invited Jose to drop it!

"serves only to embarrass and invade the privacy of the defendant." - And what are they basing this on? There is public interest in this case. We are interested to know what she says, whether it embarrasses her or not. The whole family seems to constantly be up to something suspicious, to be very generous about it...

Furthermore, all of the accusations toward LE, the bizarre code-speak and perjury we've seen so far makes it in the public's best interest to know as much about what this clan is plotting at all times. Does anyone doubt they'd be using any privacy as a way to scheme for Casey getting set free?? It's not as if KC has cared one bit about her family coming to visit her...she actually uses the time to berate, humiliate and insult them.

Also, I don't see what the problem is...she's not speaking to her family and/or they're not speaking to her, so nothing is being released. What's the problem??

 

[LambChop]

Ok, so now I'm rocking in my chair like Judge Perry...

Umm...seriously Jose? Really? This is at least the third time he has brought this up. The THIRD time. There is no reason for her calls to be sealed. I think HHJP said he does not control the jail, and if it's cruel and unusual, he can file a lawsuit. Other than that, he quite politely invited Jose to drop it!

"serves only to embarrass and invade the privacy of the defendant." - And what are they basing this on? There is public interest in this case. We are interested to know what she says, whether it embarrasses her or not. The whole family seems to constantly be up to something suspicious, to be very generous about it...

Furthermore, all of the accusations toward LE, the bizarre code-speak and perjury we've seen so far makes it in the public's best interest to know as much about what this clan is plotting at all times. Does anyone doubt they'd be using any privacy as a way to scheme for Casey getting set free?? It's not as if KC has cared one bit about her family coming to visit her...she actually uses the time to berate, humiliate and insult them.

Also, I don't see what the problem is...she's not speaking to her family and/or they're not speaking to her, so nothing is being released. What's the problem??

Does seem kind of funny for her to be objecting to the media attention when she sold pictures of her daughter to pay for a defense she had not yet been charged with. jmo

 

[Horace Finklestein]

Does seem kind of funny for her to be objecting to the media attention when she sold pictures of her daughter to pay for a defense she had not yet been charged with. jmo

GOOD point. I forgot about that angle.

 

[LambChop]

GOOD point. I forgot about that angle.

I think we all have forgotten about a lot of things that when it comes time for the trial and SA starts putting it altogether defense will not have their "happy faces" on.

 

[Aghast]

Does seem kind of funny for her to be objecting to the media attention when she sold pictures of her daughter to pay for a defense she had not yet been charged with. jmo

It's also funny considering before she was locked up for good she was out strutting with her stolen white sunglasses and media notebook waiting for the helicopters and media to follow the new super star to her lawyers office on a daily basis.

 

[Reagan]

You've got to be kidding me! I thought I had stumbled into the news of the past or had deja vu twice over, until I realized "this moron is serious". Hey jose, the only thing embarrassing to your client is your representation. Maybe you need cheny's hearing aids because obviously you are not hearing the judge. Nobody cares about your clients stupid braw and peanuts until you bring it up every other week. Even then we don't really care at the end of the day. My gosh, someone send jose the definition of insanity!

I so hope he brings it up at a status hearing again when her jail logs have nothing to do with anything. Except this time the public spanking from the Judge will be much more funnier and harsher than the last. I can just hear the laughter from the legal community in FL right now.

Lambchop, Agreed. If the duhfense didn't fight the gag order, these logs would be sealed, correct?


P.S Are we sure KC wont win an appeal based on ineffective counsel? I mean really... has anyone seen such incompetence?

 

[Dear Prudence]

Baez actually has a really good chance of this being granted now that a new legal precedent has recently been set in Florida.

http://www.4dca.org/opinions/Sept 2010/09-29-10/4D10-2726 & 10-2727.op.pdf

Interesting blog on it by Richard Hornsby that he wrote 2 weeks ago.

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

 

[whiteangora]

Baez actually has a really good chance of this being granted now that a new legal precedent has recently been set in Florida.

http://www.4dca.org/opinions/Sept 2010/09-29-10/4D10-2726 & 10-2727.op.pdf

Interesting blog on it by Richard Hornsby that he wrote 2 weeks ago.

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

Maybe, maybe not. This is the part that gets me....In the grand scheme of things, does it really matter if the logs get sealed?
Why is JB constantly worrying about trivialities when the real issue of proving his client innocent should be of the utmost importance to him?

 

[Dear Prudence]

Maybe, maybe not. This is the part that gets me....In the grand scheme of things, does it really matter if the logs get sealed?
Why is JB constantly worrying about trivialities when the real issue of proving his client innocent should be of the utmost importance to him?

I agree about the visitor logs and they most likely will be ruled as public records because they are made "in connection with the transaction of official business by any agency.” (from the ruling I linked above) And I really don't see why it matters either. So we get know what experts and psychiatrists visit KC but it doesn't reveal anything other than that.

But IMO, the new ruling in Bent could very well apply to KC's recorded phone calls and jail visits. I don't see how they can be considered an official government agency transaction. But what do I know? I could be wrong, but this motion has a much better chance than any of the previous ones because he now has some really good legal precedent to argue. Not sure if they asked for the recordings to be sealed in the latest motion though. Can't wait to read it!

 

[logicalgirl]

I agree about the visitor logs and they most likely will be ruled as public records because they are made "in connection with the transaction of official business by any agency.” (from the ruling I linked above) And I really don't see why it matters either. So we get know what experts and psychiatrists visit KC but it doesn't reveal anything other than that.

But IMO, the new ruling in Bent could very well apply to KC's recorded phone calls and jail visits. I don't see how they can be considered an official government agency transaction. But what do I know? I could be wrong, but this motion has a much better chance than any of the previous ones because he now has some really good legal precedent to argue. Not sure if they asked for the recordings to be sealed in the latest motion though. Can't wait to read it!

Agree Dear Prudence - I'm wondering if this push (again) right now is because Baez can see a guilty verdict looming, and he is planning two things. One - to bring in a heavy weight psychiatrist for the mitigation phase, and Two, to bring her parents back in to visit to convince her she either needs to plea out or at least help her to understand she will be convicted to one sentence or another, and she has to go along with whatever mitigation "story" the defense cooks up.

I just don't think Baez can afford to have ICA acting out during the actual trial, or the mitigation phase and something has got to give that we haven't seen yet. Ms. Lyon(s) had a strong personality and could almost keep ICA in line, but it's easy to see she has no respect for "her boys".

 

[Horace Finklestein]

Baez actually has a really good chance of this being granted now that a new legal precedent has recently been set in Florida.

http://www.4dca.org/opinions/Sept 2010/09-29-10/4D10-2726 & 10-2727.op.pdf

Interesting blog on it by Richard Hornsby that he wrote 2 weeks ago.

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

That case dealt with minors though. I wonder if that will be an important point?

 

[Dear Prudence]

That case dealt with minors though. I wonder if that will be an important point?

That's a good point and I really don't know. Hornsby was asked the same thing in the comments section of his blog that I linked above and this was his reply:

"I don’t think it will make a difference about how the law will be applied from this point forward, but it clearly was important to the reason the court ruled in favor of teh accused in Bent."

Maybe he or one of other legal eagles will drop by sometime soon and elaborate.

 

[Woe.be.gone]

My guess is that JB wants certain people to be able to talk to and/or visit KC without it being known to the public that they called or visited. I'm thinking friends/family members versus professionals. There has to be a bigger reason than KC is upset because peeps know she is ordering beef jerky. :twocents:

In one of the letters that was released among all the letters KC received from the public and fellow inmates, someone she knows (I can't remember who right now, a female) wrote something like 'tell them the truth KC before it's too late'. It could be a ruse but what if there's something to tell?

 

[Scamperoo]

Mr Baez has always gloated over any small victory no matter how insignificant it may be. Looking at it from KC's perspective a couple of inconsequential "wins" of no importance may be enough to convince her she has effective council. JMO

Why else would he keep trying to draw attention to himself by belaboring the jail logs and search records when there is much more important business to be taken care of.

 

[faefrost]

Granted they actual have a precedent in Florida to cite in restricting the blanket release of all calls and visitation recordings. But did the defense actually remember to make their argument on the basis of this decision this time? I mean did they finally reference some actual case law in their filings?

I think they may actually get the tapes sealed unless or until the state finds anything interesting in them. The visitor logs however will never be sealed until or unless they challenge the jail itself. Those are very clearly defined as public records in that decision.

 

[strach304]

When I read this today, I honestly thought I must have clicked on the old media thread by mistake or something.

That's funny. I thought the exact same thing.

 

[JSV]

The tax payers of Florida are paying for everything .We have a right to know how our tax dollars are being spent , and on what. baez is wasting our tax dollars on stupid stuff that doesen't have anything to do with her defence .