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

[Snaz]

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

Haha! Me, too! I had to go back and double check to make sure I wasn't losing it! :waitasec:

I've had to do that several times in this case when the defense files for the same thing over... and over... and over... :banghead:

 

[AZlawyer]

Do we have a copy of this new motion yet? If they are asking to "seal" these records, I think they're still asking for the wrong thing. They don't need to be "sealed" if they are determined (in light of new case law) not to be "public records" subject to release in the first place. It isn't the SA that is releasing these items as unsealed discovery--it is the jail releasing them pursuant to public records requests.

I sure hope they remembered to send a copy of the motion to the jail this time.

 

[Dear Prudence]

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.

Richard Hornsby makes a good point in this video on WESH. He says since George and Cindy are listed as witnesses for both the state and the defense that the state will have a good argument that any recorded conversations between the defendent and witnesses in the case would be evidence. If Judge Perry grants another hearing on this it's going to be very interesting!

http://www.wesh.com/video/25431155/detail.html

 

[nums24]

Motion for Reconsideration:

http://www.cfnews13.com/static/articles/images/documents/Motion-for-reconsideration-1015.pdf

 

[countzero]

I can hear the clicking of heels, running down hallways right now, JB screaming into a phone ... "quick I just read WS and I forgot to send a copy of the motion to the jail, again. :doh: Do you think the courts will notice it's missing?"

 

[nums24]

Do we have a copy of this new motion yet? If they are asking to "seal" these records, I think they're still asking for the wrong thing. They don't need to be "sealed" if they are determined (in light of new case law) not to be "public records" subject to release in the first place. It isn't the SA that is releasing these items as unsealed discovery--it is the jail releasing them pursuant to public records requests.

I sure hope they remembered to send a copy of the motion to the jail this time.

Motion for Reconsideration:

http://www.cfnews13.com/static/articles/images/documents/Motion-for-reconsideration-1015.pdf

 

[logicalgirl]

Hmm - I wonder what it means when the jail officials say they have been informed of this motion and will follow the statutes and court decisions?

It is the last comment on the wesh.com clip with RHornsby on it released this afternoon.

 

[diz39]

I can hear the clicking of heels, running down hallways right now, JB screaming into a phone ... "quick I just read WS and I forgot to send a copy of the motion to the jail, again. :doh: Do you think the courts will notice it's missing?"

That is hysterical!!!

 

[countzero]

Thanks nums... that was a good giggle. Sheeze .... I hope HHJP has a big wide red marker he can use on these.

Side note here: this thread was started in 4.10 and it's the third time JB has tried it and still didn't send a copy to the jail. Jeff and Linda must be on the floor still.

 

[AZlawyer]

OK, it appears that Baez is requesting (1) that the jail visitor logs be sealed, pursuant to the Bent opinion, and (2) that the commissary records, telephone logs and visitor logs be "not subject to public records disclosure" because they are private.

I don't see how Bent supports the argument about the visitor logs, and it looks like Baez isn't even arguing that Bent prevents the release of commissary records or telephone logs. He's just rehashing the "privacy" argument already rejected by HHJP.

Finally, there's no mention of restricting public access to jail visit videos or telephone recordings at all, which would be supported by Bent! Maybe JB didn't want to make that motion because he might win it...and then how would he explain the fact that the As STILL didn't want to visit or call their Princess?

 

[Horace Finklestein]

OK, it appears that Baez is requesting (1) that the jail visitor logs be sealed, pursuant to the Bent opinion, and (2) that the commissary records, telephone logs and visitor logs be "not subject to public records disclosure" because they are private.

I don't see how Bent supports the argument about the visitor logs, and it looks like Baez isn't even arguing that Bent prevents the release of commissary records or telephone logs. He's just rehashing the "privacy" argument already rejected by HHJP.

Finally, there's no mention of restricting public access to jail visit videos or telephone recordings at all, which would be supported by Bent! Maybe JB didn't want to make that motion because he might win it...and then how would he explain the fact that the As STILL didn't want to visit or call their Princess?

Does her age make a difference? I thought the people in the case he cited were minors? Just curious.

 

[AZlawyer]

Does her age make a difference? I thought the people in the case he cited were minors? Just curious.

The Bent court mentioned that offhand, but the reasoning offered by the court would seem to apply to adult prisoners as well.

 

[Dear Prudence]

There sure isn't much to that motion. For some reason I expected so much more....:waitasec:....should've known better. Maybe ICA wrote it herself.

 

[Kentjbkent]

Motion for Reconsideration:

http://www.cfnews13.com/static/articles/images/documents/Motion-for-reconsideration-1015.pdf

I am curious why the Exhibit of the Bent case that Jose attached to this Motion does NOT include Page 5, which is included in Hornsby link and includes the statement:

NOT FINAL UNTIL DISPOSITION OF TIMELY FILED MOTION FOR REHEARING

:waitasec::waitasec::waitasec:


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

http://www.cfnews13.com/static/articles/images/documents/Motion-for-reconsideration-1015.pdf

 

[CarolinaMoon]

I am curious why the Exhibit of the Bent case that Jose attached to this Motion does NOT include Page 5, which is included in Hornsby link and includes the statement:

NOT FINAL UNTIL DISPOSITION OF TIMELY FILED MOTION FOR REHEARING

:waitasec::waitasec::waitasec:


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

http://www.cfnews13.com/static/articles/images/documents/Motion-for-reconsideration-1015.pdf

Thanks for that, Kentjbkent! That is quite odd, to be sure. Perhaps he hopes Judge Perry doesn't notice the page is "missing".

 

[countzero]

Opps, I stand corrected. Just re-read JBs motion, and on page 4 he does certify a copy sent to "Orange County Corrections, c/o the State Attorney Office. His scribbled signature kinda hid it from me.

 

[Kentjbkent]

Wonder if the reason Baez is fighting to have visitor logs sealed is because he wants to sneak ESTHER KIM in again.....


Christy Mirabal has been promoted to Associate Director, HarperAudio. Esther Kim has been promoted to Senior Rights Associate. Beth Ives has been promoted to Marketing Manager.

http://www.publishingtrends.com/2010/10/october-2010-roundup/

 

[Woe.be.gone]

There sure isn't much to that motion. For some reason I expected so much more....:waitasec:....should've known better. Maybe ICA wrote it herself.

Maybe JB is under KC's spell to ward off her fits. Remember when she said 'make them stop' in the courtroom but even JB knew that wasn't possible. If she insists on something he feels he must attempt to do it so he can say 'see, I filed the motion but it was denied AGAIN'. KC needs to understand that she's in jail and is not running the show like she was always allowed to do at home.

 

[Dear Prudence]

Wonder if the reason Baez is fighting to have visitor logs sealed is because he wants to sneak ESTHER KIM in again.....


Christy Mirabal has been promoted to Associate Director, HarperAudio. Esther Kim has been promoted to Senior Rights Associate. Beth Ives has been promoted to Marketing Manager.

http://www.publishingtrends.com/2010/10/october-2010-roundup/

Has it been verified this is the same Esther Kim?

Google returns many, many hits for that name including an attorney in San Francisco, an MD in San Diego, a professor at Ohio State, and a Viagra salesperson, LOL. And I don't remember seeing anything in the media about the visit by EK. She went with Andrea Lyon right?

 

[Kentjbkent]

Has it been verified this is the same Esther Kim?

Google returns many, many hits for that name including an attorney in San Francisco, an MD in San Diego, a professor at Ohio State, and a Viagra salesperson, LOL. And I don't remember seeing anything in the media about the visit by EK. She went with Andrea Lyon right?

I am not exactly sure it has been positively identified as Esther Kim with Harper as the visitor of KC, although....

Esther Kim spent almost 2 hours with KC at the jail on July 6, 2009.

She was accompanied by Andrea Lyon who has ties to Harper Collins.

Also present was Benjamin Davis, Director of Media Relations for VCorp.

Perhaps AL could have flown in an atty from San Francisco, an MD from San Diego, or a professor from Ohio State but why would Benjamin Davis be present?

Unless, of course, Benjamin was there to try Viagra and Esther Kim the salesperson was going to report findings....never mind, not going to go there!:dance: