2011.08.05 Hearing on Casey's probation

[krkrjx]

This is what I do not get. The Court (read JP) awarded her 1043 days of time served, That is the number DOC had to use as a starting point for their calculation of the 4 year sentence in actual days...
How the heck did JP come up with 1043 days. From Jan 2010 thru July 2011 does not even come close to that. Why was not 412 days(from a different judge for an entirely different offense) deducted from that 1043 days, which looks like the total amount KC was in jail since late 2008. Why did not the PT object to that number of 1043 days. If all convicts in Orlando get the same, two for the price of one, I rest my case..
It almost looks they played with the numbers to get KC out shortly after the NG verdict while she was still a hot commodity and without probation. Something is not passing the smell test. And I surely do not expect anything from that probation deal on Wednesday. Just all smoke and mirrors to pacify the public. JMO

I think too many people took for granted that the DOC calculations were correct. IMO, the court should have questioned some things but when you consider the complexities of some of these issues in general, then add in the uniqueness of Casey's situation, I can see both how errors were made and how questions were not asked. Judge should have asked for an itemization of the number of days, or the SA could have motioned for that. But I am not sure anyone was prepared to ask for such itemization as issues like this are pretty rare and likely neither the judge nor the SA's had reason to believe the DOC's calculations were incorrect.

Problem is, it is not too late to fix this! Yet, I do not anticipate it being fixed!!! Casey will just slip on through, continuing to be given every right she is entitled to plus many that she is not. Florida laws state that perps cannot be punished for someone else's error, but they also state the perp cannot BENEFIT from errors.

But Casey will. Of course.

 

[LambChop]

He's gotten all the important things wrong, why should this be any different?

I'm not sure what exactly he has gotten wrong based on what he knew to be fact. He is bound by the law and sites it in every Order he has given. He's not responsible for the verdict. If they had spent 10 months picking a jury you can't guarantee there would not have been the same result. Considering what he was dealing with I think he did a pretty good job. jmo

 

[logicalgirl]

Thanks Epfan. So you are saying that JP knew & did add both these charges together? I don't know if the state knew or not, but I do know the twisted defence did & tried to pull a fast one.
JP is human & makes mistakes like we all do. I can't understand why, if he did make a mistake, why it can't be corrected?
You can bet your life on it being corrected if it was in her favour.

Clearly JP himself didn't do those calculations - he would have expected the calculations to be done by the OC and ruled on those calculations.

I think he's got a bit more to do with his time than sit there with a calendar and count off days.

He would expect the OC and the whoever keeps track of sentences - maybe the SA's office to give him accurate records. Clearly somebody didn't.

 

[logicalgirl]

I think too many people took for granted that the DOC calculations were correct. IMO, the court should have questioned some things but when you consider the complexities of some of these issues in general, then add in the uniqueness of Casey's situation, I can see both how errors were made and how questions were not asked. Judge should have asked for an itemization of the number of days, or the SA could have motioned for that. But I am not sure anyone was prepared to ask for such itemization as issues like this are pretty rare and likely neither the judge nor the SA's had reason to believe the DOC's calculations were incorrect.

Problem is, it is not too late to fix this! Yet, I do not anticipate it being fixed!!! Casey will just slip on through, continuing to be given every right she is entitled to plus many that she is not. Florida laws state that perps cannot be punished for someone else's error, but they also state the perp cannot BENEFIT from errors.


But Casey will. Of course.

Agree - case law was specifically heard at the hearing that stated that clerical mistakes can be corrected without it being considered double jeopardy.

 

[LambChop]

I think too many people took for granted that the DOC calculations were correct. IMO, the court should have questioned some things but when you consider the complexities of some of these issues in general, then add in the uniqueness of Casey's situation, I can see both how errors were made and how questions were not asked. Judge should have asked for an itemization of the number of days, or the SA could have motioned for that. But I am not sure anyone was prepared to ask for such itemization as issues like this are pretty rare and likely neither the judge nor the SA's had reason to believe the DOC's calculations were incorrect.

Problem is, it is not too late to fix this! Yet, I do not anticipate it being fixed!!! Casey will just slip on through, continuing to be given every right she is entitled to plus many that she is not. Florida laws state that perps cannot be punished for someone else's error, but they also state the perp cannot BENEFIT from errors.

But Casey will. Of course.

I believe that is why the Judge added those extra days because he asked for clarification on the time she spent in jail. It appears the jailhouse did not inform the judge that KC was on probation for a year and that time should not be used in his calculations towards her sentence. You would think if it was on her records and so obvious that she did serve her probation in jail that the judge would have been informed. This could be why JP is upset with JB because he knew about the probation and never brought it to the judge's attention. But two wrongs don't make a right. It's JP's job to straighten it out. If she needs to do more jail time so be it. The judge has the right to correct the error within 60 days and I would imagine he will do so. jmo

 

[Schu7]

+respectfully snipped+
I believe you are correct. HHJP is an honorable and just man. Whilst we hear that he has rightly brought down the "full force" on felons in the past, it is hard to imagine that his intention will be to do anything vindictive here.

IMO - It is a simple decision. Either go with the law or political wants here. The whole Florida court system wants Casey just to go away. That is internal politics. By law, Casey has about 300 days of time to serve for lying. And we shall see here. 50-50 in my books.

 

[LambChop]

Clearly JP himself didn't do those calculations - he would have expected the calculations to be done by the OC and ruled on those calculations.

I think he's got a bit more to do with his time than sit there with a calendar and count off days.

He would expect the OC and the whoever keeps track of sentences - maybe the SA's office to give him accurate records. Clearly somebody didn't.

I believe at the end of the sentencing hearing JP told JB that they would meet in his office later in the week to go over the calculations that he would be getting from OC jail. That is when they added the extra days because DT and the judge's calculations were off.

I do not think JP likes it when attorneys give him inaccurate information. Then we have CM with his statements about JS. Not a happy judge...not happy at all. jmo

 

[rotterdam]

I think too many people took for granted that the DOC calculations were correct. IMO, the court should have questioned some things but when you consider the complexities of some of these issues in general, then add in the uniqueness of Casey's situation, I can see both how errors were made and how questions were not asked. Judge should have asked for an itemization of the number of days, or the SA could have motioned for that. But I am not sure anyone was prepared to ask for such itemization as issues like this are pretty rare and likely neither the judge nor the SA's had reason to believe the DOC's calculations were incorrect.

Problem is, it is not too late to fix this! Yet, I do not anticipate it being fixed!!! Casey will just slip on through, continuing to be given every right she is entitled to plus many that she is not. Florida laws state that perps cannot be punished for someone else's error, but they also state the perp cannot BENEFIT from errors.

But Casey will. Of course.

I do not think the DOC calculations are incorrect. The problem lies in the part of the Court (JP) awarding her credit for 1043 days served WHICH INCLUDED THE CHECK FRAUD SENTENCE.
There was no error. JP did do it intentionally. It will not be corrected. DOC had to use that number (1043) as awarded by the court

 

[krkrjx]

Clearly JP himself didn't do those calculations - he would have expected the calculations to be done by the OC and ruled on those calculations.

I think he's got a bit more to do with his time than sit there with a calendar and count off days.

He would expect the OC and the whoever keeps track of sentences - maybe the SA's office to give him accurate records. Clearly somebody didn't.

Exactly!

I do, however, take issue with officers of the court having an "oh, well" attitude. I do think Judge Perry is knowledgeable of the law and as far as I could research he is seen as a fair judge. I do not think he took any of this lightly and I believe he ruled properly given the information he had at hand. Problem is, that information was incorrect. For the judge and prosecutors to just let this go without trying to right this wrong is just not acceptable.

 

[Dcstew]

Clearly JP himself didn't do those calculations - he would have expected the calculations to be done by the OC and ruled on those calculations.

I think he's got a bit more to do with his time than sit there with a calendar and count off days.

He would expect the OC and the whoever keeps track of sentences - maybe the SA's office to give him accurate records. Clearly somebody didn't.

I thought it was FL DOC that did the calculating...I emailed them asking for an answer on this. Maybe I should also email OC.

 

[LambChop]

IMO - It is a simple decision. Either go with the law or political wants here. The whole Florida court system wants Casey just to go away. That is internal politics. By law, Casey has about 300 days of time to serve for lying. And we shall see here. 50-50 in my books.

KC is not the problem here. She is just a mother who is responsible for the death of her child, a common thief and a liar. For JP, JB is the problem. You should never have to school an attorney to get him through all those hearings and that is exactly what the judge had to do. Had there not been a camera on JP I think he would have laid him out in lavender. jmo

 

[EPfan]

Thanks Epfan. So you are saying that JP knew & did add both these charges together? I don't know if the state knew or not, but I do know the twisted defence did & tried to pull a fast one.
JP is human & makes mistakes like we all do. I can't understand why, if he did make a mistake, why it can't be corrected?
You can bet your life on it being corrected if it was in her favour.

I can only tell you that where I'm from most people serving time in the jail get 2 days for every 1 day of good behavior. Most of the time you normally serve about half or maybe a little more of the actual time you were sentenced. So if Florida is close to the same system, she would have served for both sentences. I certainly stand to be corrected here because I am not familiar with Orange Co. and their practices.

 

[krkrjx]

I can only tell you that where I'm from most people serving time in the jail get 2 days for every 1 day of good behavior. Most of the time you normally serve about half or maybe a little more of the actual time you were sentenced. So if Florida is close to the same system, she would have served for both sentences. I certainly stand to be corrected here because I am not familiar with Orange Co. and their practices.

Two days off for every one day of good behavior? :waitasec: Wouldn't everyone be out after serving their first day? Provided they were on good behavior on their first day, that is.

I can't grasp the concept right now so maybe I need to go take a nap.

 

[krkrjx]

I do not think the DOC calculations are incorrect. The problem lies in the part of the Court (JP) awarding her credit for 1043 days served WHICH INCLUDED THE CHECK FRAUD SENTENCE.
There was no error. JP did do it intentionally. It will not be corrected. DOC had to use that number (1043) as awarded by the court

I was looking at it from a viewpoint of Casey's first 412 days should not have been counted at all. After that, 365 days were apparenty probation, not time served, and should not have been counted.

But regardless of whether the information was incorrect or incorrectly interpreted, an error has resulted and only the judge can correct it. And it should now be corrected, IMO.

 

[EPfan]

Two days off for every one day of good behavior? :waitasec: Wouldn't everyone be out after serving their first day? Provided they were on good behavior on their first day, that is.

I can't grasp the concept right now so maybe I need to go take a nap.

You have to have a minimum of 30 days to serve. The reason they do this is because it is worth it if they behave. One bad apple can really spoil others.

 

[BuzzieCat]

I do not think JP likes it when attorneys give him inaccurate information. Then we have CM with his statements about JS. Not a happy judge...not happy at all. jmo

No, he doesn't seem to like it. He grumbles and looks annoyed, makes threats, and then does nothing about it. IMO. If a judge is all bark and no bite, then the *ahem* less mature-acting lawyers who come before him are probably going to try to get away with as much as they can, knowing that nothing will come of the threatened sanctions.

 

[krkrjx]

You have to have a minimum of 30 days to serve. The reason they do this is because it is worth it if they behave. One bad apple can really spoil others.

FL DOC rule is all inmates must serve at least 85% of their sentence. If a person is on good behavior their entire sentence they still get no more than 15% off for good behavior. I do not know if those rules apply to inmates of county jails, however. Also, it has erroneously been said here that Casey got more time off because she was in solitary confinement. She was not in solitary, not even for one day that I know of.

 

[EPfan]

FL DOC rule is all inmates must serve at least 85% of their sentence. If a person is on good behavior their entire sentence they still get no more than 15% off for good behavior. I do not know if those rules apply to inmates of county jails, however. Also, it has erroneously been said here that Casey got more time off because she was in solitary confinement. She was not in solitary, not even for one day that I know of.

Thanx, I really don't know where they got their final numbers from. You would think that JP would have been very particular on this case. If there was a mistake I really would be very surprised if they made her come back and go to jail. That would really be a disgrace to Orange Co. and would be bad for some of the elected official, come election time!

 

[JBean]

FL DOC rule is all inmates must serve at least 85% of their sentence. If a person is on good behavior their entire sentence they still get no more than 15% off for good behavior. I do not know if those rules apply to inmates of county jails, however. Also, it has erroneously been said here that Casey got more time off because she was in solitary confinement. She was not in solitary, not even for one day that I know of.

She did get the benefit of additional gain time off because she was isolation.

 

[FLmom777]

FL DOC rule is all inmates must serve at least 85% of their sentence. If a person is on good behavior their entire sentence they still get no more than 15% off for good behavior. I do not know if those rules apply to inmates of county jails, however. Also, it has erroneously been said here that Casey got more time off because she was in solitary confinement. She was not in solitary, not even for one day that I know of.

She was in protective custody. This kept her from taking advantage of programs that would have given her additional gain time, such as classes or therapy.