2011.06.25 Sidebar Thread (Trial Day Twenty-eight)

[Emma Peel]

Respectfully snipped and bbm.

Been mulling this over, reading everyone's opinion, viewing countless video clips from Saturday, and taking a 2nd and 3rd peek at the videos to view some of the more subtle things others have pointed out that I missed.

My "hunch" is that it is a DT shakeup and I think it is directed at JB. Everyone is highly aware of JB's blunders, can't miss them. Perhaps there have been on-going talks within the DT and ICA. Maybe the consensus that was reached was that if there was 1 more blunder/violation that she wanted JB to step aside as lead counsel (or just leave period). So perhaps after that 3rd violation on Saturday morning, that was it. (I also think ICA may have been po'ed that JB did not get Lee to say whatever it was they were counting on.) I noticed that CM had nothing to say at all when that exchange was going on concerning Furton. After the judge said that the witness was not going to testify (again) is when CM got up with his additional issue that he wanted at sidebar WITHOUT the court reporter. When the DT, ICA and judge go behind closed doors I think it was for the judge to hear/question the parties involved. At the end it may have been decided that MC is taking the lead role but would need the weekend to go over everything concerning the rest of the witnesses with JB to get up to speed and be ready to go Monday.

JMO and would like to hear what others think.

HHJP & both parties agree it is "an entirely different legal matter" that has come up. At least, I think that's what he said at adjournment.

IMO, existing DT's switching lead roles would not be a legal matter. Counsel departing, or ... new counsel ... yes.

At the moment, I'm not a fan of the theory that any of the DT is stepping down...

However, if, as has been suggested, JB would fall on his sword and risk his career to achieve a mistrial and CM would blow JB in to that effect ... well then we could have a legal matter at hand.

Again, not a fan of that one either.

At least, as HHJP said - we're resuming at 8:30 AM ... we don't have much longer to wait, do we?

I keep thinking of HH sitting in a big ole comfy chair in his office at home, thumbing through case notes, and having a big think right about now. Hoping someone is preparing HH a delicious, healthy dinner, with a nice glass of wine. Or two. *sigh*

And I hope the jurors found a way to enjoy another sequestered weekend. It will be interesting to learn how they managed to pass the time when this is all over.

 

[cluciano63]

To answer a question on the last page, no, no one can prevent Casey from testifying if she stands up and declares her intent to do so, not her lawyers and not the judge...

 

[SCWldneart]

There is also a time when Casey is in the middle of reading the laptop and Simms almost literally slams it closed. Wonder what she didn't want her reading.

The plot thickens....Hmmmmm

 

[cuppy199]

Question: If CM leaves the DT, would that create a mistrial or delay due to the fact that JB isn't qualified for a death penalty case?

I doubt the judge would let Mason leave at this point in the game. But Im not a lawyer so who knows

 

[GetSmart]

Did anyone catch Cindy saying (rubbing) alcohol can be quite expensive. I can get about a gallon for a buck at the dollar store.

:waitasec:

MOO

Mel

I know I thought about that too!!
Just one more example of running her mouth when not needed.. it's like What has that got to do with the price of rice in China?


and ....The testimony about the DNA on tape from skin ... HELLO have you ever gotten tape wet ..like a band aid it slips no dead skin .. DNA went down the drain ...

 

[SyraKelly]

If the A's think the hecklers and protesters were bad 2 summers ago, I highly suspect hecklers to start up again now that Cindy and Lee are forgetting Caylee and sticking up for Casey. That is moo. I stated it that way because what Cindy and Lee did on trial -----is heartbreaking.

I have not seen any media reports about people doing anything..did I missed it

 

[JusticeSeeker1960]

Asked whether a plea deal could be put on the table at this point in the trial, Ashton said: "I couldn't talk about that one way or the other. If I give you an answer, I won't be practicing law Monday."

 

[mfcmom]

I am not sure how to bring it over but on ACandyRose (amazing site) on the timeline on June 12 there was a computer search on Zenaida, Fernandez, 25, Gonzalez, Jacksonville. I wonder why the prosecution didn't bring this up as proof of premeditation (these were done after 11:00 at night, can someone help me bring it over? Thanks in advance.


1:15pm. Anthony's desktop PC showed somebody was searching for "Zenaida", "Age 25" "Fernandez", "Gonzalez", and "Jacksonville" (OCSO 08-069208 COMPUTER FORENSICS REPORT): From The HP desktop computer: "A keyword search for "Zenaida" was conducted on the HP desktop computer. The following files are records of web pages indicating that someone was searching for that name on the Internet."
File Created: 06/12/08 11:15:29PM
Last Accessed: 06/12/08 11:15:29PM
Last Written: 07/16/08 04:20:12PM
Keyword searches: "Zenaida", "Age 25" "Fernandez", "Gonzalez", and "Jacksonville"

There is a discrepancy on the June 12 date and I thought I heard CA say she looked on July 16th? WTF JMO

 

[Dr.Fessel]

I think Casey tried to fire someone and the judge gave her the weekend to think about it. They got her to agree to the cooling off period and canceled court so going against her wishes would not affect her rights to counsel.

Come Monday morning she will tell the judge if she wants to go ahead and fire the person.

 

[AbbieNormal]

HHJP & both parties agree it is "an entirely different legal matter" that has come up. At least, I think that's what he said at adjournment.

IMO, existing DT's switching lead roles would not be a legal matter. Counsel departing, or ... new counsel ... yes.

At the moment, I'm not a fan of the theory that any of the DT is stepping down...

However, if, as has been suggested, JB would fall on his sword and risk his career to achieve a mistrial and CM would blow JB in to that effect ... well then we could have a legal matter at hand.

Again, not a fan of that one either.

At least, as HHJP said - we're resuming at 8:30 AM ... we don't have much longer to wait, do we?

I keep thinking of HH sitting in a big ole comfy chair in his office at home, thumbing through case notes, and having a big think right about now. Hoping someone is preparing HH a delicious, healthy dinner, with a nice glass of wine. Or two. *sigh*

And I hope the jurors found a way to enjoy another sequestered weekend. It will be interesting to learn how they managed to pass the time when this is all over.

BBM

IIRC he said it was an "UNRELATED legal issue"....

I too hope HHJP is having a relaxing w/e, but my hunch is the man spends a lot of his own personal time pouring over case law and researching other things. Still, hope he does it after a good meal and with a nice glass of wine, as you said. Although after 2 glasses if he had to listen to video of JB he'd be snoring in his chair. JMO

 

[Tuffy]

I have not seen any media reports about people doing anything..did I missed it

When Casey was out on bail, there were people protesting outside the Anthony home.

 

[Katana]

I am not sure how to bring it over but on ACandyRose (amazing site) on the timeline on June 12 there was a computer search on Zenaida, Fernandez, 25, Gonzalez, Jacksonville. I wonder why the prosecution didn't bring this up as proof of premeditation (these were done after 11:00 at night, can someone help me bring it over? Thanks in advance.

I have referenced her timeline which is very useful and well put together, but I have noticed a couple of things out of place in it. I think the full name Zenaida was actually first researched on the computer the day of or the day after LE was called in July.

 

[SyraKelly]

When Casey was out on bail, there were people protesting outside the Anthony home.

oh I saw that.I was talking about this past week after CA and LA got off the stand

 

[Boytwnmom]

information in response to a question can open the door. The subject of the question had nothing to do with the check charges. Now, if JB had asked why the deputies were there that day that could have opened the door. I was surprised JB didn't ask to have it stricken or a jury instruction but maybe he thought it best to let it go, that it might not have been that noticed by the jury. Anyway, that's what I think...

Good Afternoon Y'all! Hope that y'all are having a semi-relaxing weekend...I've deliberately tried to stay away from the computer and media because of yesterday's mess and the not knowing driving me crazy but have checked in a few times hoping for news of WTH happened! Where's a media leak when you need one, eh?!

Anyway...I have a question regarding the whole CM "opening the door" on ICA's past criminal issues when questioning the Deputy about handcuffing her....

Didn't CA do that before CM when she testified on 06/23/2011 and said (found here Websleuths Crime Sleuthing Community - View Single Post - Cindy Anthony's testimonies in the CA testimony thread) "She first learned of the computer searches was when Melich and Allen came to her house prior to ICA's arrest on check charges (September of 2008).?

The jury heard that testimony, didn't they? I'm not great with legal issues but wouldn't that alone be enough for the subject/issue to be, for lack of better legal wording, fair game?

Thank y'all in advance for any enlightenment y'all might be able to provide. I almost can't contain myself waiting for tomorrow morning...who in their right mind wishes for a weekend to be over, geez?! :crazy:

 

[dog.gone.cute]

I wish Cindy was asked where Caylee was when she was home on the 17th-- as a matter of fact, I wish the prosecutors would ask that as often as Baez references a chemist. I want to hear more Zanny, it would lend credence to the fact that KC did "something" to Caylee on a regular basis that would equate to aggravated child abuse. jmo

:rocker::rocker: Great point !!

 

[Boytwnmom]

if the attorney knows she will lie he can't ask questions that will elicit the lie. ICA can't just get up and talk, she has to testify like all the other witnesses and answer questions. In some states an attorney who knows a client will lie can allow them to get up and just offer a narrative but FL does not allow this from what I take from this (4) of this rule:

RULE 4-3.3 CANDOR TOWARD THE TRIBUNAL
(a) False Evidence; Duty to Disclose. A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal;
(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction
known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(4) permit any witness, including a criminal defendant, to offer testimony or other evidence that the lawyer knows to be false. A lawyer may not offer testimony that the lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. If a lawyer has offered material evidence and thereafter comes to know of its falsity, the lawyer shall take reasonable remedial measures.

From reading this rule it sounds like the attorney would have to inform the court at some point. I don't know the procedure involved here so can't speculate as to how this all specifically occurs.

Also......I thought I'd read that it was completely up to the defendant... that they had an ABSOLUTE right to get up there and testify on their own behalf if they insist on it, even if their attorney advises vehemently against it. So...if ICA stood up at some time, whenever, prior to closing statements...and said 'Your Honor, I want to testify on my own behalf'....could she be refused? :waitasec:

 

[mfcmom]

I can't figure out the date discrepancy?
1:15pm. Anthony's desktop PC showed somebody was searching for "Zenaida", "Age 25" "Fernandez", "Gonzalez", and "Jacksonville" (OCSO 08-069208 COMPUTER FORENSICS REPORT): From The HP desktop computer: "A keyword search for "Zenaida" was conducted on the HP desktop computer. The following files are records of web pages indicating that someone was searching for that name on the Internet."
File Created: 06/12/08 11:15:29PM
Last Accessed: 06/12/08 11:15:29PM
Last Written: 07/16/08 04:20:12PM
Keyword searches: "Zenaida", "Age 25" "Fernandez", "Gonzalez", and "Jacksonville"

 

[kelian36]

I have not seen any media reports about people doing anything..did I missed it

Read back, I was adding a comment to post 2969.:seeya:

 

[kantoo]

JB still has to call Roy Kronk, GA for admission of abuse and other more recent deeds, a grief counselor, a few experts who shouldn't be allowed due to changing opinions, and hopefully (for my own entertainment of seeing the cross exam) Casey. How is he suppose to finish be Wed or Thurs. Never happen.

And i guess if they get ICA on the stand, it will go on for a while

 

[AbbieNormal]

When Casey was out on bail, there were people protesting outside the Anthony home.

Remember before trial started the local news stations showed the two squares, one red and one yellow IIRC marked with tape out on the courthouse
sidewalk. It was for people who wanted to demonstrate or protest or whatever. But I have seen no news reports since then that anybody is actually utilizing these squares. Has anybody here seen anything about this?