Area Body Found in "Too Strange" Was it Searched?Part # 2

[Spangle]

Defense has to pay upfront for everything. Including the babysitters fee. And they can't copy anything.

Defense lost this round. IT's exactly as offered to them.

 

[Noddy]

I think the defense only got what TM and MN offered to them. JB and crew wanted more than what they got IMO!!
1. Attorney for Tim Miller and TES has agreed to present Tim as a rep of TES for deposition in Orlando. "court does not address the issue as to whether Timothy Miller need to be deemed a material witness and said issue is rendered moot;"

2. Expenses related to the depostion are to be paid by Casey prior to the deposition.

3. 32 searchers referenced by attorney for TES at the 8/21 hearing are to be disclosed to the State and Defense.

4. All documents related to other searchers working with or under TES are not to be disclosed. Defense and prosecution can review all other documents relating to the searchers at Nejames law office. If additional searchers are found, they may be presented to the court for in camera review. No notes, photographs or copies shall be taken of other searchers documents and no disclosure regarding other searchers shall be disclosed by the defense unless approved by this Court.

5. Casey shall bear all costs necessary to allow her counsel to review all referenced documents and expenses will be paid in advance.

6. Counsel for Tim and TES is entitled to be monitor the inspection at all times. "To further safeguard the requirements of this Order and will provide a representative at a minimal and reasonable expense; said expense to be paid by the defense." A dispute over reasonable costs will be resolved by the Court prior to inspection.

I wonder if the defense will actually go through with the review.

 

[Spangle]

Is there a link to this ruling? Because I don't trust the media's version of it and judging by Strickland's comments and facial expressions I assumed the defense was going to get more access.

I remember him saying he thought they should get access to records. But that he wasn't sure yet how much access. After hearing NJ's offer of allowing them full access to the records in a monitored room, with the Defense paying the cost.... that pretty much covered what the Defense was saying was needed, a review of the records to ensure they had access to everyone who visited the area.

I actually thought he would rule this way. It allows complete access to the records to ensure nothing is being hidden. Yet, only those that must be released, are. (Sunshine law)

The only real thing the Defense lost, was the right to take all the records to his office.

 

[Insomnia Momma]

I wonder if the defense will actually go through with the review.

My question is does the defense have the money to do the inspection?

 

[essies]

Here's Tim back in Dec. after Caylee was found! Very interesting! Tim's the best!!
[ame="http://www.youtube.com/watch?v=raHlPVJEabU"]YouTube - ANGRY AT CASEY ANTHONY:::TIM MILLER PART 1[/ame]
[ame="http://www.youtube.com/watch?v=E-P2NEQz17s"]YouTube - ANGRY AT CASEY ANTHONY:::TIM MILLER PART 2[/ame]

 

[The Eunice Burns]

I may be interpreting this the wrong way, but I don't see this as a defense victory. Aren't they only getting what Nejame offered.......the info on just the 32 searchers that were near to the remains site? JB didn't get the whole slew of 4,000 searchers' info. In watching the hearing, I thought that Nejame's offer was good lawyering. To deny the request altogether, might not have gone well before Judge S, but to be a reasonable guy and say."sure, they can have these, but the rest is too broad".......makes JB look a fool. Again. IMO

 

[ExpectingUnicorns]

This is the latest post on our current news thread:

Casey Anthony: Defense team will get to learn about searchers
posted by halboedeker on Aug 27, 2009 1:51:17 PM
<snipped>
WFTV-Channel 9 called it "a small victory." WESH-Channel 2 called it "a big development."

You be the judge.

The judge in the Casey Anthony case has ruled that Texas EquuSearch founder Tim Miller will be questioned under oath and that information on 32 searchers will be released. Those searchers were closest to the spot where Caylee Anthony's remains were later found.

Anthony is charged with the first-degree murder of her toddler.

WESH's Bob Kealing explained the defense's approach: "They hope to find volunteers who said they looked in that general area and didn't see anything."

Kealing also reported that Judge Stan Strickland gave the defense team the right look at Texas EquuSearch records to identify others who might have been near the place Caylee was later found.

Article:
http://blogs.orlandosentinel.com/ent...searchers.html

-------------------

Now it's the part I highlighted in color that bothers me. (Gotta love that Bob Kealing!) What is the defense trying to prove? That the volunteers didn't find her? Of course they didn't find her ~ That's exactly what everyone was out there to do and couldn't. If they had found her the search would have been considered a success!! Defense does not need any searchers to confirm that her body wasn't found there. It's already a fact.

So what information is the defense really looking for?

 

[CarolinaMoon]

I agree that Strickland gave the defense what Tim Miller wanted them to have. The defense wanted all the searchers, hoping to find some who had strayed from their area to the area the remains were found.

At this point, the defense can pay to look over all the records and find if there are more than 32 who were actually near the site. Conway looked and found fewer than 32. As far as expense is concerned, I have to wonder how many hours it would take Baez to go through them all. In this case, time is money and Baez doesn't like to spend money unnecessarily. It wouldn't surprise me if he doesn't take NeJame up on the opportunity!

I'm also wondering if Baez is looking for Joy W's name somewhere in the records to find out if she really was a team leader as she claimed. If she wasn't and can't prove she searched that area, nothing she said to LE and Baez will make any difference.

 

[marspiter]

My question is does the defense have the money to do the inspection?

Well they are all working pro bono right? Casey has no taxable source of income (seen thus far). I guess JB will just pay for it with what ever mystery money they are using.

I sure hope the IRS has been paying close attention to this case as well.

 

[The Eunice Burns]

So, JB wanted the whole candy store. Judge S said no, you are getting what is offered and you have to bear the brunt of the expenses. JB & Crew better watch their step w/ the rest of the info they are being allowed to review only. If they take notes, copy, or photograph it.....they'd be in hot water. Considering his flim flam man routine w/ the privacy agreement, hmmmmm.

 

[The Eunice Burns]

This is the latest post on our current news thread:

Casey Anthony: Defense team will get to learn about searchers
posted by halboedeker on Aug 27, 2009 1:51:17 PM
<snipped>
WFTV-Channel 9 called it "a small victory." WESH-Channel 2 called it "a big development."

You be the judge.

The judge in the Casey Anthony case has ruled that Texas EquuSearch founder Tim Miller will be questioned under oath and that information on 32 searchers will be released. Those searchers were closest to the spot where Caylee Anthony's remains were later found.

Anthony is charged with the first-degree murder of her toddler.

WESH's Bob Kealing explained the defense's approach: "They hope to find volunteers who said they looked in that general area and didn't see anything."

Kealing also reported that Judge Stan Strickland gave the defense team the right look at Texas EquuSearch records to identify others who might have been near the place Caylee was later found.

Article:
http://blogs.orlandosentinel.com/ent...searchers.html

-------------------

Now it's the part I highlighted in color that bothers me. (Gotta love that Bob Kealing!) What is the defense trying to prove? That the volunteers didn't find her? Of course they didn't find her ~ That's exactly what everyone was out there to do and couldn't. If they had found her the search would have been considered a success!! Defense does not need any searchers to confirm that her body wasn't found there. It's already a fact.

So what information is the defense really looking for?

I think they are looking for another sacrificial goat. Gotta have a backup.

 

[Reagan]

I wonder if the defense will actually go through with the review.

Right.
There's been a number of documents that they've cried about not having. Then when the document is produced by the SA, they never pick them up.

 

[Intermezzo]

I was watching the breaking local news (Orlando) on the day Caylee's remains were found, and I remember a TV reporter interviewing a young man who lived near the search. (In looking now at the aerial maps it might have been one of the closest backyards on Brackenwood)

This young man was standing in his backyard on one side of the fence watching the commotion, and the male reporter was on the roadway side, and they were discussing what might have been found down a little way across the street. This man specifically told the reporter that the area had been underwater and swampy, and the water had just been receding. I have been trying to remember which station it was. I was flipping crazily between all the stations that morning - but I am usually watching news on WFTV (9) or CFNews13 (13).

I don't know if that would help LE in any way, but I do hope that LE will take another look at those TV tapes, find that report and re-interview that particular guy.

BBM
Unsolved, I remember that interview as well,
I don't watch CFnews13 but I do watch WFTV, WESH and WKMG(local 6),

 

[Intermezzo]

Summarized from Orlando Sentinel:

1. Orange Circuit Court Judge Stan Strickland ordered the information on 32 searchers -- who were within several hundred yards of where Caylee was found -- to be released to the defense and prosecutors.

2. The defense team will have to pay for Miller to travel to Orlando to be questioned for the case. A date has not been set yet.

3. Strickland also said that prosecutors and Casey Anthony's attorneys may review other EquuSearch volunteers' information at the Orlando office of Miller's attorney, Mark NeJame.

4. If more searchers are indentified that were in the area, the issue can be brought to Strickland's attention and he will decide if the details should be disclosed.

There you go. The defense pretty much got what they wanted (except for the Tim Miller expenses, I'm assuming).

I agree and IIRC from the last hearing NeJame (& Miller) were in agreement with giving the info of those 32 searchers, but not so inclined to give the info on ALL the volunteers, especially those who searched in different areas and not the area where the remains were found.

 

[Intermezzo]

I think the defense only got what TM and MN offered to them. JB and crew wanted more than what they got IMO!!

1. Attorney for Tim Miller and TES has agreed to present Tim as a rep of TES for deposition in Orlando. "court does not address the issue as to whether Timothy Miller need to be deemed a material witness and said issue is rendered moot;"

2. Expenses related to the depostion are to be paid by Casey prior to the deposition.

3. 32 searchers referenced by attorney for TES at the 8/21 hearing are to be disclosed to the State and Defense.

4. All documents related to other searchers working with or under TES are not to be disclosed. Defense and prosecution can review all other documents relating to the searchers at Nejames law office. If additional searchers are found, they may be presented to the court for in camera review. No notes, photographs or copies shall be taken of other searchers documents and no disclosure regarding other searchers shall be disclosed by the defense unless approved by this Court.

5. Casey shall bear all costs necessary to allow her counsel to review all referenced documents and expenses will be paid in advance.

6. Counsel for Tim and TES is entitled to be monitor the inspection at all times. "To further safeguard the requirements of this Order and will provide a representative at a minimal and reasonable expense; said expense to be paid by the defense." A dispute over reasonable costs will be resolved by the Court prior to inspection.

BBM
Actually, essies, I think you are right. Baez wanted info on ALL the volunteers and NeJame narrowed it down to the 32 that searched that area.

 

[kushka]

I was watching the breaking local news (Orlando) on the day Caylee's remains were found, and I remember a TV reporter interviewing a young man who lived near the search. (In looking now at the aerial maps it might have been one of the closest backyards on Brackenwood)

This young man was standing in his backyard on one side of the fence watching the commotion, and the male reporter was on the roadway side, and they were discussing what might have been found down a little way across the street. This man specifically told the reporter that the area had been underwater and swampy, and the water had just been receding.

I have been trying to remember which station it was. I was flipping crazily between all the stations that morning - but I am usually watching news on WFTV (9) or CFNews13 (13).

I don't know if that would help LE in any way, but I do hope that LE will take another look at those TV tapes, find that report and re-interview that particular guy.

I remember that interview quite well, and I posted about on 12/18/08 in the thread "Whoa! Meter Reader gave tip on August 13th!#2 "

But do we know the area was dry? When they found the body I was glued to the online broadcast from Orlando on the internet. I remember a reporter was in the back yard of the house on the corner of Hopesprings and Suburban talking to a kid who looked about 18 who lives there. The kid said the area where Caylee was found was under water from June on. He stated that that place was always flooded during the summer and dried up in winter.

 

[Spangle]

So, JB wanted the whole candy store. Judge S said no, you are getting what is offered and you have to bear the brunt of the expenses. JB & Crew better watch their step w/ the rest of the info they are being allowed to review only. If they take notes, copy, or photograph it.....they'd be in hot water. Considering his flim flam man routine w/ the privacy agreement, hmmmmm.

That is why they also have to pay TM's lawyer upfront, so they can pay someone to watch over the defense, while the defense reviews the files.

 

[Toi]

I remember that video as well of the guy looking out his back door at the time they found her. I was looking for it and couldn't find it. But I did find this. Remember the Body Hunter psychics took that video almost right on the spot where she was found. At the 4:40 mark the woman with the dog next to the brush says "You can only go so far there's water you know what I mean." It was filmed 8/11/08.






[ame="http://www.youtube.com/watch?v=bukQWMaxD0Q&feature=channel_page"]YouTube - Caylee Anthony Found! Up close view of area months before she is found.[/ame]

 

[MADJGNLAW]

I may be interpreting this the wrong way, but I don't see this as a defense victory. Aren't they only getting what Nejame offered.......the info on just the 32 searchers that were near to the remains site? JB didn't get the whole slew of 4,000 searchers' info. In watching the hearing, I thought that Nejame's offer was good lawyering. To deny the request altogether, might not have gone well before Judge S, but to be a reasonable guy and say."sure, they can have these, but the rest is too broad".......makes JB look a fool. Again. IMO

You are correct. That is what Nejame said in court and that is what Baez got. So why they paint this as a victory for the defense is nonsense. This could end up bitting the defense in the butt. They didn't get all they asked for, they got what Tim and Nejame wanted to give them and that is the info on the 32 people that searched that area and if the defense tries to pin this on one of them, well they can come back with a big law suit "IMO".

"Snip" Mark NeJame, said the request was too broad and would create "a tremendous chilling effect" on volunteers for future searches. He said defense attorneys should only be given information on 32 volunteers who searched the area where the body later was found. http://www.wftv.com/news/20490968/detail.html

 

[Spangle]

I remember that video as well of the guy looking out his back door at the time they found her. I was looking for it and couldn't find it. But I did find this. Remember the Body Hunter psychics took that video almost right on the spot where she was found. At the 4:40 mark the woman with the dog next to the brush says "You can only go so far there's water you know what I mean." It was filmed 8/11/08.


YouTube - Caylee Anthony Found! Up close view of area months before she is found.

At the end, she says they can only go so far, then there is water. She can't get back there, because of the water. And this is on 8/11/08

Wow!