2011.08.05 Hearing on Casey's probation

[rotterdam]

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.

Well , no matter how you look at it, DOC hosed up on the probation.
But they did not hose up on calculating KC's time for the lying charge.

If an error indeed, was made, it was made by HHJP for awarding her 1043 days served as credit towards the lying conviction sentence. DOC did/can not make such a decision. It is inconceivable to me that he(JP) did not know/remember about the previous conviction/sentence.
After all he tried to keep it out of the murder trial.

I just can not see HHJP going back on his previous ruling and say oops , I goofed. It is not a clerical error. Frankly it is no error at all based on HHJP's ruling which I think was on purpose and intentional. I thought it was odd to give her max for the lying charges but the DT did not want probation. And 1043 days credit towards that max sentence was just dandy to them since it put KC almost immediately out on the street and free as a bird..

 

[ZsaZsa]

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

What kind of isolation? She was allowed visitors like Robin in her cell - even cut her hair IIRC... and others could talk to her.

 

[rotterdam]

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.

Counties are allowed some leeway in the form of ordinances to set up their own rules too within certain limit as specified in the State Statute, for County prisoners as far as I know..

 

[logicalgirl]

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

And to add to your comment LambChop, he was not happy with the trial and the outcome itself IMO because of his comments that anything that could go wrong did go wrong in this case. He wasn't just talking about the miscalculations in the latest hearing....

 

[logicalgirl]

What kind of isolation? She was allowed visitors like Robin in her cell - even cut her hair IIRC... and others could talk to her.

Agree, she was not in "isolation" she was in protective custody" and when the debacle of the letters went down, it was clear she was in a cell that could be watched at all times by the guards, and could hear, and be heard by the other inmates. Protective custody simply meant she wasn't mixing with the general pop for her own safety. And yes, she did get additional time off for being in protective custody although the why of it makes no sense to me. If the OCJ has to keep you in lockdown for 23 hours a day for your own safety, surely that is enough consideration.

 

[denjet]

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

Right, she got gain time for being in protective custody which was necessary why ? It was not as a punishment, it was protection from other inmates but she gets gain time for it ... I know that's how it works but it seems off to me ...
The defense keeps harping on how she was in solitary confinement ... WTH ? ... that's a punishment for bad behavior ...
I dunno, something just seems hinky about getting extra credit for it when she HAD to be treated like that for her own protection ... and who made this a high profile case ?? and who's fault was it that she had to be put there to begin with ?? We all know why ...
Instead of thanking OS jail for keeping her safe and not putting her in with other inmates, she asks for gain time and good behavior time ... just doesn't make much sense to me ...

 

[denjet]

Agree, she was not in "isolation" she was in protective custody" and when the debacle of the letters went down, it was clear she was in a cell that could be watched at all times by the guards, and could hear, and be heard by the other inmates. Protective custody simply meant she wasn't mixing with the general pop for her own safety. And yes, she did get additional time off for being in protective custody although the why of it makes no sense to me. If the OCJ has to keep you in lockdown for 23 hours a day for your own safety, surely that is enough consideration.

Guess I should have read to the end of this page !! LOL
I couldn't agree more ...

 

[FLmom777]

I just read the guilty plea for the first time, and I am steaming now. This DT has the nerve to complain about probation? The maximum sentence she could have received was 65 years. She got 412 days plus a year probation. What is wrong with these people? They should be kissing the feet of HHJS for being so easy on her and saying "Yes, sir. Probation will start today."

 

[krkrjx]

And to add to your comment LambChop, he was not happy with the trial and the outcome itself IMO because of his comments that anything that could go wrong did go wrong in this case. He wasn't just talking about the miscalculations in the latest hearing....

I think the judge was as stunned by the NG verdicts as most of us were. And I think the sentencing on the guilty verdicts was affected by the fact that he was still reeling. Not to say I know this for a fact since I do not know him personally, but I saw him look through the verdict forms and then do a double-take and look again. It's what I would have done in that position because I would not have been able to believe my eyes.

Errors were made. Casey is benefiting from those errors. This is not right. If Casey were being unjustly penalized due to an error everyone would be falling all over themselves to fix it.

 

[Searchfortruth]

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

RH (in his latest blog) brings up Carson v. State, which I believe relates to the situation here. FWIU, the court ruled (in Carson) that a defendant who has been released (from jail, prison or probation) by mistake, can be recommitted if the sentence wouldn't have expired, had the defendant remained in custody. He also brings up another case that is similar to Carson (Gallinat v. State).

Judge Perry mentioned several cases, in the court hearing. One of which was Stafford (IIRC), the others I can't remember now. RH explains Stafford as it relates to this case, on his latest blog.

 

[rotterdam]

Well based on this memo, I think DOC used this formula

http://www.wesh.com/casey-anthon/28523075/detail.html

1460d-240d-1043d-170d=7 days left to serve

1460d= 4 years lying sentence 4x365=1460days

240d= Statuary gain time , a constant, at 5 days a month, 48months x 5=240days

1043d= Court awarded time served towards the 4 year sentence

170d= constructive gain time for protective custody at 5 days a month, in blocks of 30 days, no partial month. 1043d become 1020 days(34x30d) 34x 5=170 days

DOC calculation looks fine to me. The only thing that sticks out like a sore thumb is that Court awarded 1043 days as a credit for time served. And DOC can not touch that since it was ordered /awarded by JP.

 

[jcamille]

Judge will rule probation was served. Count on it. Frankly I could give 2 cents about her anymore. Only posted this because I keep seeing it on the top of the forum list when I click on "New Post".

But HHJP also said you can't serve a sentence and probation at the same time. So, if he does rule that probation has been served, then he has to figure out what to do about the 4 years he sentenced her toon the lying charges because he would have to exclude a year of that 'time served' to devote it to her year of probation.

I think he could send her back to jail for some period of time for the lying charges. That would be the ultimate karma moment to see her have to go back to jail.

 

[krkrjx]

I just read the guilty plea for the first time, and I am steaming now. This DT has the nerve to complain about probation? The maximum sentence she could have received was 65 years. She got 412 days plus a year probation. What is wrong with these people? They should be kissing the feet of HHJS for being so easy on her and saying "Yes, sir. Probation will start today."

Oh, I agree! And even if the DT wanted to contest HHJS amending his order, etc., had they gone about it in a more civilized manner the whole thing could have been easily resolved. As things are now, Casey is facing the possibility of having to do more jail time, which probably would not be an issue had the DT been less vocal and more professional.

 

[krkrjx]

But HHJP also said you can't serve a sentence and probation at the same time. So, if he does rule that probation has been served, then he has to figure out what to do about the 4 years he sentenced her toon the lying charges because he would have to exclude a year of that 'time served' to devote it to her year of probation.

I think he could send her back to jail for some period of time for the lying charges. That would be the ultimate karma moment to see her have to go back to jail.

Yes, he could. And he should. I do not see how the judge can grant the DT's motion that probation has been served and not address the fact that probation cannot be credited as time served. He may find a way to do this but I think it will be very difficult to round up all the worms and stuff them back into the can.

 

[MissJames]

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.

I'm curious why you believe the whole FL court system wants Casey to go away. The SAO has requested Casey reimburse them,with a hearing on that motion coming up.No doubt they will have to stay on top of that for as many years as it takes . Frank George was fairly well prepared to fight the probation issue so that Casey would be compelled to comply with JS's original order.Even JS made the first move to sign an order clarifying his original intent.

I'm not happy that Cindy gets to skate,but it seems like the FL courts are doing what they can with Casey. JMO

 

[lauriej]

This may have already been discussed but it is confusing to me. It was issued on January 25, 2011 but it references an attachment which was updated March, 2011 . How is that possible? The letter pre-dates the enclosure by 2 months.

http://www.issues.cc/uploads/24881575464.jpg

I think that date of March 2011 is in reference to an update of "restoration of civil rights blah blah blah"(using Baez lingo) etc.

..that is interesting "twiggles".

..good catch.

..this is "exhibit D" that cheney attached to his "emergency motion to quash......." judgeS's amended order.

..how could the Jan.25/2011 letter of termination (clearly a form letter) be the 'original'------if it includes that reference to "see attached----a form that was last updated March 25/2011" ( a date in the future). ??

http://www.cfnews13.com/static/arti...yAnthony-Emergency-Motion-for-Hearing0802.pdf
---emergency motion to quash ...

.."exhibit C" was apparently the request for all of the probation records, which included this "letter of termination" from kc's probation officer natalie lewis, DOC.

..did natalie lewis fill in and send cheney a copy of a current termination form letter ( that is filled in adressed to Ms.Casey, and not Ms.Anthony ) that they use, and just date it appropriatley back to january? (to cover herself?)
..if so, where's the original? ( was there an original?)

..aside from going out for the initial visit, informing kc of the condition (singular)-- (1.no contact with the victim amy) did she do anything on this probation case?-----until cheney asked for a copy of her file ( which she then threw together.)

..this is laughable----"The probationary term ran 1 year, included an initial interview, supervision orders, review of the case, several residence verifications, and ultimately a termination dated jan.24/2011."

..tough probation! while in jail-----and protective custody.
..natalie lewis had an easy-breezy assignment too.

..i do wonder about the termination form --the march/2011 update should not be on a january/2011 form ( unless someone is psychic.)

( or maybe i've become so cynical, that i see something related to the defense----ANY of them---and i'm immediatley skeptical that it's on the up-and-up? )

 

[MissJames]

You know, if they allow Casey to be under administrative parole for her safety,it may actually backfire. Once again she will not be held accountable ,as anyone else would be,and that is what makes the general public MAD!. She needs to do everything any other thief would have to do on parole.Maybe if the public sees her fulfilling some of the requirements ,they'll back off.

 

[RR0004]

I'm curious why you believe the whole FL court system wants Casey to go away. The SAO has requested Casey reimburse them,with a hearing on that motion coming up.No doubt they will have to stay on top of that for as many years as it takes . Frank George was fairly well prepared to fight the probation issue so that Casey would be compelled to comply with JS's original order.Even JS made the first move to sign an order clarifying his original intent.

I'm not happy that Cindy gets to skate,but it seems like the FL courts are doing what they can with Casey. JMO

I really wish the State would reconsider the perjury charge. Not pursuing it sends a terrible message IMO.

 

[rotterdam]

RH (in his latest blog) brings up Carson v. State, which I believe relates to the situation here. FWIU, the court ruled (in Carson) that a defendant who has been released (from jail, prison or probation) by mistake, can be recommitted if the sentence wouldn't have expired, had the defendant remained in custody. He also brings up another case that is similar to Carson (Gallinat v. State).

Judge Perry mentioned several cases, in the court hearing. One of which was Stafford (IIRC), the others I can't remember now. RH explains Stafford as it relates to this case, on his latest blog.

Well the probation sentence if it was done right , has not expired yet. It would expired in July 2012.

 

[dog.gone.cute]

:waitasec: I was just thinking ... the State of Florida did NOT know how to count ballots correctly in an "election" because they were still using those "chads" ... remember that ?

:waitasec: So how in the he77 can they get a "convicted felon's" "Sentence" calculated "correctly" -- that involve 2 SEPARATE SETS of CRIMINAL CHARGES -- (1) 13 counts of Check Fraud ... (2) 4 Counts of Lying to LE during search for Caylee.

:innocent: I think the State of Florida needs to "invest" in a "mathemetician" ...

:twocents: