2010.12.21 Stream of Motions - General Discussion

[Aedrys]

Considering the list of evidence JB wants excluded, it might be better if he just made one motion requesting that anything that would incriminate his client be thrown out.

Yeah, I can see that: Motion to exclude EVERYTHING.

That's literally what it would have to be titled. And there's no way he'd win it either.

 

[denjet]

Considering the list of evidence JB wants excluded, it might be better if he just made one motion requesting that anything that would incriminate his client be thrown out.

:laugh:
Don't give him any ideas !!
It amazes me that Jose is so concerned about the lying, stealing, promiscuity, etc being kept out because it makes KC look bad ...
but ... HELLO ... her 2 year old was missing for a month and she never reported her missing !!! Nothing's going to make her look worse than that, and it's a fact ... a fact that KC herself has attested to ... more than once ... :waitasec:

 

[Leila]

I'm betting it is some of the jailhouse video. Particularly the reaction to the find on Suburban Drive. I can't picture any of the rest being anything that would even be argued over allowing. Maybe the FBI interviews, simply because the witnesses are available for questioning at trial. But even then the videos would not be precluded from being used as rebuttal. The BOA, Target and Blockbuster videos have already been used as evidence before the court, haven't they? They were evidence in the check fraud and theft charges. I can't see any reason they would be kicked now. So it's got to be those jail videos. Her conversations with Cindy and her reaction to the find.

Casey's reaction to the find on Suburban is the one that JB had a motion to be sealed, so that's one video he's particularly concerned about. I would bet that's the video JB wants excluded from the trial.

JB may also want the jailhouse video where Casey get's angry at her parents, clenches her fists, and threatens to walk out. That's one ugly video and shows his client is volatile and easily angered. It's not difficult to picture Casey going from clenched fists to violence.

 

[logicalgirl]

Casey's reaction to the find on Suburban is the one that JB had a motion to be sealed, so that's one video he's particularly concerned about. I would bet that's the video JB wants excluded from the trial.

JB may also want the jailhouse video where Casey get's angry at her parents, clenches her fists, and threatens to walk out. That's one ugly video and shows his client is volatile and easily angered. It's not difficult to picture Casey going from clenched fists to violence.

I also suspect the one he wants out is the jailhouse video of ICA watching the TV coverage of the finding of the body of a small child and her reaction to that. Isn't that one sealed "for now"?

But I wouldn't be surprised to see him try a motion with video #2 you've listed Leila, right behind it. I agree - that shows she is not sweet little missy sitting there, concerned about her missing child.

 

[Themis]

:laugh:
Don't give him any ideas !!
It amazes me that Jose is so concerned about the lying, stealing, promiscuity, etc being kept out because it makes KC look bad ...
but ... HELLO ... her 2 year old was missing for a month and she never reported her missing !!! Nothing's going to make her look worse than that, and it's a fact ... a fact that KC herself has attested to ... more than once ... :waitasec:

Of course, you are right.

There are many facts that have at least some probative value as to the main issue of whether or not ICA killed Caylee. Basically, any evidence that tends to prove that ICA killed Caylee will "make ICA look bad."

Although interestingly phrased ("make ICA look bad"), JB's motion is trying to express the legal rule that this is evidence in which the prejudicial value outweighs the probative effect. Such evidence can be excluded from the trial. However, it is generally an uphill battle to win that argument.

Generally a good legal motion will put a heading on it, state the issue, state the rule, show the legal citations that are authority for the rule, analyze the facts of this case to show how it fits into the rule, draw the conclusions being asserted and give the court the proposed remedy, showing that it is the sole or most appropriate remedy with authority for the remedy. All evidence supporting the charges "makes the defendant look bad" but that is not the legal rule and authority for excluding evidence.

It is really frustrating. :banghead:

 

[Themis]

(Respectfully snipped.)

JB may also want the jailhouse video where Casey get's angry at her parents, clenches her fists, and threatens to walk out. That's one ugly video and shows his client is volatile and easily angered. It's not difficult to picture Casey going from clenched fists to violence.

Not just easily angered and clenching fists (which is a none too subtle threat of violence) but directing that attitude towards her family! It is, IMHO, very probative and therefore relevant.

 

[Leila]

I also suspect the one he wants out is the jailhouse video of ICA watching the TV coverage of the finding of the body of a small child and her reaction to that. Isn't that one sealed "for now"?

But I wouldn't be surprised to see him try a motion with video #2 you've listed Leila, right behind it. I agree - that shows she is not sweet little missy sitting there, concerned about her missing child.

Yes.............JB was successful in having the video of Casey's reaction to the finding of remains on Suburban Drive sealed. It's never been released to the public. So we already know that particular video is one that's a concern to JB.

Just from the description of the guard, we know that Casey reacted much differently to the find on Suburban Drive than she did when divers found bones in the river during the river search by Leonard Padilla. When the river search resulted in finding small bones, Casey had no reaction at all (because she knew it couldn't be Caylee), but there was a huge reaction to the find on Suburban. Although we all surmised that the remains were Caylee, no one knew for sure ..........except for Casey. She knew it was Caylee because that's where she left Caylee's body. That reaction has GUILT all over it!

If there's any video JB would want excluded from the trial.......I would think Casey's reaction to the find on Suburban is the one.

 

[Tulessa]

http://www.wesh.com/r/26323133/detail.html
Defense Wants Casey's Reaction To Remains Suppressed

 

[nums24]

From the link above:

Defense lawyers also filed paperwork asking that decompositional odor analysis of Anthony's car be excluded from the trial.

 

[Tulessa]

From the link above:

Defense lawyers also filed paperwork asking that decompositional odor analysis of Anthony's car be excluded from the trial.

Like that's gonna fly!:innocent: I agree, This is going to be the best trial yet & I sure wouldn't want to be in JB's shoes come Monday! :croc:

 

[watergirl]

Yes.............JB was successful in having the video of Casey's reaction to the finding of remains on Suburban Drive sealed. It's never been released to the public. So we already know that particular video is one that's a concern to JB.

Just from the description of the guard, we know that Casey reacted much differently to the find on Suburban Drive than she did when divers found bones in the river during the river search by Leonard Padilla. When the river search resulted in finding small bones, Casey had no reaction at all (because she knew it couldn't be Caylee), but there was a huge reaction to the find on Suburban. Although we all surmised that the remains were Caylee, no one knew for sure ..........except for Casey. She knew it was Caylee because that's where she left Caylee's body. That reaction has GUILT all over it!

If there's any video JB would want excluded from the trial.......I would think Casey's reaction to the find on Suburban is the one.

BBM
OMG woman, are you psychic? Your timing was awesome. Just sayin...

 

[faefrost]

From the link above:

Defense lawyers also filed paperwork asking that decompositional odor analysis of Anthony's car be excluded from the trial.

Well we knew they had to file that one. Isn't this motion what will start the "fry hearing" process to permit or exclude scientific evidence before the court?

 

[nums24]

Well we knew they had to file that one. Isn't this motion what will start the "fry hearing" process to permit or exclude scientific evidence before the court?

I thought that section 1C (link below) meant that the motion had to be filed by 11/30/2010.

http://www.ninthcircuit.org/news/Hi...tion and Hearing Deadlines and Trial Date.pdf

 

[nums24]

Murder Docket Updated:

12/30/2010 Motion In Limine State of Florida

12/30/2010 Motion to Exclude Unreliable Evidence Pursuant to FRYE, Or in the Alternative, Motion in Limine to Exclude (Chloroform)

12/30/2010 Motion In Limine to Prohibit the Use, in any Fashion, of a Posting on the Internet Myspace References Attributable to Cindy Anthony, The Mother of the Defendant

12/30/2010 Motion In Limine to Prohibit the use, in any Fashion, of Internet Myspace References Attributable to the Defendant as "Diary of Days"

12/30/2010 Motion In Limine Preclude the use in any Fashion Whatsoever of a Certain "Jib Jab" Cartoon

12/30/2010 Motion to Restrict in Court Photography/Videoing

12/30/2010 Notice of Hearing

12/30/2010 Motion to Exclude Unreliable Evidence

12/30/2010 Motion to Suppress Statements Made to George, Cindy Lee Anthony, Maya Derkovic, Robyn Adams, and Sylvia Hernandez

12/30/2010 Defendant's Motion in Limine to Exclude all Evidence Relating to Canine Searches and Alerts

12/30/2010 Motion and Memorandum of Law in Support of Defendant's Motion to Exclude Irrelevant Evidence of Stain in Trunk of Car

12/30/2010 Memorandum of Law in Support of Defendant's Motion to Exclude Irreelevant Evidence of Tattoo

12/30/2010 Defense Motion to Exclude Irrelevant Evidence of Tattoo

12/30/2010 Motion to Exclude Unreliable Evidence

 

[nums24]

I wonder if they noticed the media for this motion:

12/30/2010 Motion to Restrict in Court Photography/Videoing

 

[LolaMoon08]

WOW!!!

Okay... who wants to bet that these will not all be heard on January 3rd?

I think someone is going to claim they still did not understand the deadlines and that they felt they had until December 31, 2010 to file them... when Judge Perry specifically stated they had until December 31st, 2010 for them to be heard!

Someone is not going to be a happy camper when he gets back from vacation!

 

[nums24]

WOW!!!

Okay... who wants to bet that these will not all be heard on January 3rd?

I think someone is going to claim they still did not understand the deadlines and that they felt they had until December 31, 2010 to file them... when Judge Perry specifically stated they had until December 31st, 2010 for them to be heard!

Someone is not going to be a happy camper when he gets back from vacation!

I predict they will claim ignorance, the death is different argument and sorry you were on vacation your honor and every other excuse they can muster.

 

[shotgun09]

Holy Chitfire Batman!

Fast and Furious is the defense!

And, might I just say that the infamous CA's Myspace entry?
Not prejudicial to ICA. They better not throw that one out. That clearly says that all was not well in Casa d Anthonyland.

 

[LolaMoon08]

I wonder if they noticed the media for this motion:

12/30/2010 Motion to Restrict in Court Photography/Videoing

What do they want to restrict? I know he stood up and made a huge deal about someone, that I didn't see, taking pictures of Casey while she was writing, but... I don't know? What kind of restrictions? No bad pictures of his client? No zooming in on her blemishes? No pictures of her smiling at inappropriate times?

 

[logicalgirl]

Murder Docket Updated:

12/30/2010 Motion In Limine State of Florida

12/30/2010 Motion to Exclude Unreliable Evidence Pursuant to FRYE, Or in the Alternative, Motion in Limine to Exclude (Chloroform)

12/30/2010 Motion In Limine to Prohibit the Use, in any Fashion, of a Posting on the Internet Myspace References Attributable to Cindy Anthony, The Mother of the Defendant

12/30/2010 Motion In Limine to Prohibit the use, in any Fashion, of Internet Myspace References Attributable to the Defendant as "Diary of Days"

12/30/2010 Motion In Limine Preclude the use in any Fashion Whatsoever of a Certain "Jib Jab" Cartoon

12/30/2010 Motion to Restrict in Court Photography/Videoing

12/30/2010 Notice of Hearing

Okay, you can't tell me this is Baez banging out these motions, because I won't believe you!! No way has he authored them. It must be nose to the grindstone Ann Finnell.