2011.08.05 Hearing on Casey's probation

[Well Done 99]

I doubt it, because even though they used the wrong name in the greeting, they did have it correct in the recipient portion.

However, if what I heard during the hearing, that they checked with the jail to see if she was still there and ticked off her name on their list, counts for probation, something is definitely lacking in this system.
We don't even know if they called the jail or merely pulled up the website. Heck, I could do that, mark her name off and draw a check for my efforts.
If this is what they are calling probation, IMO, it falls way short of doing anything substantial. One meeting on Feb 2 and nothing after that.
How does that work for any inmate in putting them on the right path?

bbm
Excellent question.
Falls a good mile short of requiring the inmate to display responsibility or to make any attempt to prove themself a decent member of society OUTSIDE.

 

[MissJames]

This from Hornsby's site........

http://blog.richardhornsby.com/

The “Catch”
But by withholding adjudication there was a legal catch. Under Florida Statute 948.01, a judge cannot withhold adjudication of guilt on a felony UNLESS they also place the person on probation.

And that is exactly what Judge Strickland did, even though everyone knew she was being held in jail on No Bond for the murder case, Judge Strickland ORALLY pronounced that she was sentenced to the 412 days she already spent in jail on the check fraud charges, but for each count he Withheld Adjudication of Guilt on, he also placed her on One Year of Supervised Probation to be served “once released.”

Does this mean she served her 412 days in jail toward the check fraud charges only? If so, where is the punishment for the "lying to police" x 4? Did Florida overlook that?

The SA's need to stay on top of this. What's the point of the trial and the sentence if they let this slide through?

 

[Baznme]

I doubt it, because even though they used the wrong name in the greeting, they did have it correct in the recipient portion.

However, if what I heard during the hearing, that they checked with the jail to see if she was still there and ticked off her name on their list, counts for probation, something is definitely lacking in this system.
We don't even know if they called the jail or merely pulled up the website. Heck, I could do that, mark her name off and draw a check for my efforts.
If this is what they are calling probation, IMO, it falls way short of doing anything substantial. One meeting on Feb 2 and nothing after that.
How does that work for any inmate in putting them on the right path?

IMO, the procedure they used to call "probation" while incarcerated defeats the purpose of what "probation" actually is. Pretty easy to keep someone on the straight and narrow in a 4 x 8 cell 23 hours a day.

 

[LancelotLink]

bbm
Excellent question.
Falls a good mile short of requiring the inmate to display responsibility or to make any attempt to prove themself a decent member of society OUTSIDE.

TY!
You mark my words. When FCA breaks the law again, an argument will be made by her DT that her "probation" conducted as shoddily as it was, is the reason she should not have to answer for the charges. That the system failed her by allowing her to serve probation while incarcerated, thereby denying her the same opportunities afforded anyone else, that she was denied guidance or a chance to find gainful employment.

 

[logicalgirl]

The SA's need to stay on top of this. What's the point of the trial and the sentence if they let this slide through?

Hooray - does this mean he actually answered this question? Cause I've been asking and asking this in his column and haven't seen an answer yet - so will go over and see what he has to say now!

Darn - no he has not - I'm never sure why he has a comments section since he rarely responds to questions....

 

[MissJames]

IMO, the procedure they used to call "probation" while incarcerated defeats the purpose of what "probation" actually is. Pretty easy to keep someone on the straight and narrow in a 4 x 8 cell 23 hours a day.

I believe HH agreed . Didn't he ask Ms. Finnigan if she called JSS to clarify when probation was to start?
I don't think HH is too happy that the DOC thinks this passes for probation.JMO

 

[LambChop]

I doubt it, because even though they used the wrong name in the greeting, they did have it correct in the recipient portion.

However, if what I heard during the hearing, that they checked with the jail to see if she was still there and ticked off her name on their list, counts for probation, something is definitely lacking in this system.
We don't even know if they called the jail or merely pulled up the website. Heck, I could do that, mark her name off and draw a check for my efforts.
If this is what they are calling probation, IMO, it falls way short of doing anything substantial. One meeting on Feb 2 and nothing after that.
How does that work for any inmate in putting them on the right path?

And had the probation officer gone out and checked in monthly they would have been aware that KC wrote those letters which revealed that KC's attorneys had been "smuggling" in things into her. While not as bad as taking a swing at your jailer it shows she was not following the rules. KC knew it was wrong because she admitted so in her letters. A jailer was fired for helping her cut another inmates hair and turning a blind eye on what was going on. This is not a small thing. How many "model" prisoners get their correction's officer fired? jmo

 

[Well Done 99]

IMO, the procedure they used to call "probation" while incarcerated defeats the purpose of what "probation" actually is. Pretty easy to keep someone on the straight and narrow in a 4 x 8 cell 23 hours a day.

Agreed. IMO .... it's a contradiction in terms. How can one be on probation "from" incarceration, while incarcerated?

 

[logicalgirl]

:maddening: Yep, you heard right ! Despicable ... Absolutely Despicable !

:waitasec: I guess that's why CA did not show up in court this morning ...

LOL - I have just been over in the "whats in the minds of GA/CA thread ranting about the logic of the cayleesfund and the NG verdict and how the heck do any of their talking points apply when their daughter "accidentally drowned" in their pool and George ...well you get my drift...if it wasn't so sad it would make a good SNL skit......

 

[LancelotLink]

And had the probation officer gone out and checked in monthly they would have been aware that KC wrote those letters which revealed that KC's attorneys had been "smuggling" in things into her. While not as bad as taking a swing at your jailer it shows she was not following the rules. KC knew it was wrong because she admitted so in her letters. A jailer was fired for helping her cut another inmates hair and turning a blind eye on what was going on. This is not a small thing. How many "model" prisoners get their correction's officer fired? jmo

And this was in the news media as well. She was fired in April/May 2010, Made headlines! Under the Casey Anthony tab, no less. :banghead:

She also received contraband in April 2010. Again, headlines! :banghead:

 

[21merc7]

I feel sorry for HHJP being stuck with this. The can of worms that could be opened is the violations KC made when she could have contact with inmates, and JB made with her, who knows what else.

But, he is aware the time was not calculated correctly for the new lying convictions on top of the check convictions.

Probation taken care of by phone from an overly burdened and perhaps lazy Department that more thank likely also thought life or something close coming up, so they jumped the gun and "sort of" got it done.

Not an easy spot to be in, to decide what to do.

If this case were not news, she'd be hauled back in. It is news, and the DT pushes even when they know they have acted unethically. HHJP is at rock and hard place.

O/T: I want to see some Bar complaints flying, is he waiting for more as he was made aware in front of God and the World there was another yesterday? Is he waiting for the reimbursement hearing? I know the man is busy, but more got added to the tab.

 

[BuzzieCat]

I have to admit, I've quit hoping for anything. Even if he does require probation,they'll probably appeal to the FL Supreme Court and nothing will change any time soon.
CA and GA get one vacation after another just handed to them. JB is courted by the MSM with grand hotels and dinners. I have no doubt there are still deals being made and money changing hands.
How many lawyers showed up on Casey's behalf today OVER PROBATION?
Three? Four?
It's just easier now to assume everything will go her way.Maybe I'll be happily surprised. I doubt it.

This post conveys my feelings on this exactly. Even if she ever re-offends someday, she will do it the same way she always has, on the sly, with convincing lies to hide what she did until it's too late to prove anything. I'm sure most/all criminals try to do this to get away with what they've done, but somehow it really works when Casey does it. With the help of her obfuscating family and DT, of course.

I hope that young turk on the defense team is resistant. He may require help because she will pursue him. I hope it is not too late.

He'd better watch out! I think she really liked him! Surely he's smart enough to know he should steer clear. Casey will look for people who don't know who she is and prey on them, IMO.

 

[kimmera]

I realize that I may be in the minority here, but I believe that HHBP will order her to serve the probation as HHSS ordered. I wasn't able to see the hearing but from what I have read (here and other places) there is plenty of case law to support being able to correct a scrivener's error, and it would certainly seem that this is the case here.

There really is nothing to support the claim that KC served probation while in jail, other than ONE visit from the PO, which was likely an intake interview, IMO. The letter of completion was due to a clerical error, nothing more, IMO. There has been a lot of debate here about whether one can even serve probation while in jail, and frankly I don't think that is the issue here at all. The FACT is that it is very clear that it was never the intention of HHSS for KC to serve probation while in jail. The DT knew this at the sentencing, and had no problem with it at that time. If they did they should have filed an appeal within the 60 day time period that the law allows.

Instead they sat on this info and now want to cry foul and I don't see this happening. There is no way to make the case that KC was doing ANYTHING during this year that she was incarcerated awaiting trial for another crime that would constitute serving probation. Once again, the DT wants to play fast and loose with the truth, and I just don't think it's going to fly this time.

It just doesn't make sense to me that the court would not uphold HHSS's order. But then again, not much in this case has made sense to me. :maddening: I am praying for a good outcome...:twocents:

 

[FLmom777]

I spent hours reading the state statutes last night. The section on probation was interesting. If HHJP is unable to find any case law on this, I feel (and I am not anything close to an attorney, or a chemist) that it could be ruled that contrary to the letter releasing her, she did not actually serve. She did not do even the most fundamental part, meeting with her PO monthly. That is something that could have happened, even with her being in jail.

If it was a clerical error that she was put on probation early, why could it not be an error that she was credited with completion?

I think this could be upheld on appeal.

 

[Baznme]

I realize that I may be in the minority here, but I believe that HHBP will order her to serve the probation as HHSS ordered. I wasn't able to see the hearing but from what I have read (here and other places) there is plenty of case law to support being able to correct a scrivener's error, and it would certainly seem that this is the case here.

There really is nothing to support the claim that KC served probation while in jail, other than ONE visit from the PO, which was likely an intake interview, IMO. The letter of completion was due to a clerical error, nothing more, IMO. There has been a lot of debate here about whether one can even serve probation while in jail, and frankly I don't think that is the issue here at all. The FACT is that it is very clear that it was never the intention of HHSS for KC to serve probation while in jail. The DT knew this at the sentencing, and had no problem with it at that time. If they did they should have filed an appeal within the 60 day time period that the law allows.

Instead they sat on this info and now want to cry foul and I don't see this happening. There is no way to make the case that KC was doing ANYTHING during this year that she was incarcerated awaiting trial for another crime that would constitute serving probation. Once again, the DT wants to play fast and loose with the truth, and I just don't think it's going to fly this time.

It just doesn't make sense to me that the court would not uphold HHSS's order. But then again, not much in this case has made sense to me. :maddening: I am praying for a good outcome...:twocents:

I pray that you are right Kimmera but, the "time served" needs to be clarified on her sentence(s) also. If the State of Fla. is going to clean up their errors, they need to go all the way. 412 days credit for time served and good behavior = for what charges?

Also, I love your siggy.

 

[LambChop]

@stevehelling
Steve Helling
Wasn't there once a toddler involved in the #caseyanthony case? A pretty two-year-old? Or am I imagining things?

Yes. "Gone too soon." jmo

 

[Baznme]

Hooray - does this mean he actually answered this question? Cause I've been asking and asking this in his column and haven't seen an answer yet - so will go over and see what he has to say now!

Darn - no he has not - I'm never sure why he has a comments section since he rarely responds to questions....

I'm never sure why he has a comments section since he rarely responds to questions I think you might have better luck if you tweet him and ask him that very question while you're asking about the time served.

 

[kimmera]

I pray that you are right Kimmera but, the "time served" needs to be clarified on her sentence(s) also. If the State of Fla. is going to clean up their errors, they need to go all the way. 412 days credit for time served and good behavior = for what charges?

Also, I love your siggy.

I didn't even want to get into the 'time served' issue because it makes my head hurt! LOL! But I think that the door has been opened by the DT, and maybe it will come to pass that HH will say that she either gets the year probation, or she gets the rest of the sentence. I think that if she is on supervised probation, she will not be able to abide by it, and karma may come sooner rather than later, ala OJ. At least I hope so! :twocents:

 

[FLmom777]

Another requirement for probation, according to the state statutes, that I forgot mention is that if the convict has not completed high school, they MUST work towards getting either their diploma od GED.

Does anybody know if she ever ended up getting her diploma? I read somewhere that she was lacking 1/2 credit for PE. How lazy do you have to be to fail PE? I know that the schools check each student for progression towards graduation and they would have known she needed that to graduate. She would have had it scheduled even if she didn't want to take the class. The only way I can think of failing is to either not show up or refuse to participate.

 

[LambChop]

Another requirement for probation, according to the state statutes, that I forgot mention is that if the convict has not completed high school, they MUST work towards getting either their diploma od GED.

Does anybody know if she ever ended up getting her diploma? I read somewhere that she was lacking 1/2 credit for PE. How lazy do you have to be to fail PE? I know that the schools check each student for progression towards graduation and they would have known she needed that to graduate. She would have had it scheduled even if she didn't want to take the class. The only way I can think of failing is to either not show up or refuse to participate.

I believe it was an English credit she was lacking, or portion of a credit and not PE. She was a running in high school so I doubt PE was a problem for her. CA said she was unaware KC was not passing the subject even though the school notified them she was in danger of failing the subject. Not that she couldn't do the work...she didn't do the work. Senior English is not that hard and most teachers if you show an effort will pass you. jmo