Budget cuts may cancel or suspend Casey trial

[Kentjbkent]

WHOA WHOA WHOA...

Before pure panic ensues, let's put this in perspective and remember this is a MEDIA story created to garner ATTENTION and HYSTERIA....all media reports have a slant!

Read the article and am curious as to who sent the original email questions to Clerk of Court...perhaps the OS reporter?

Let's see that email....let's see exactly what SPECIFIC questions Ms. Gardner was responding to....very easy to take a statement out of context when you don't get to see what the original question or statement was...

Let's also remember that Ms. Gardner is a Clerk of Court....whether or not any trial is "cancelled or postponed" is not in her realm of power, nor does she have any authority over our beloved judge...

Interesting that with looming budget cuts, it is ONLY the KC case she cared to direct her "opinion" comments to....

I say heads are going to roll over this one, but we probably won't know....as a reminder, here is the description of the duties of a Clerk of Court

Court Clerk Job Profile and Description

A court clerk is someone whose job is to maintain and keep court records. They are also sometimes called clerk to the court or clerk of (the) court. They are also appropriately titled after the type of court they are attending to. E.g. a clerk of the peace attends to a justice of the peace. Also in most jurisdictions, the existence of a court of clerk signifies the court to be a court of record.

Duties and Responsibilities
performs clerical and secretarial duties like typing, filing, attending to court appointments, answering calls

administers oaths to witnesses, jurors and grand jurors during trials and hearings

authenticates copies of court records, prepares docket of cases to be called, contacts witnesses, lawyers, and litigants for the court and instructs them when to appear in court

records and transcribe minutes of court proceedings, handles financial record keeping, and acts as custodian of the court’s seal and court records

collects fees and other payments or deposits made with the court, prepares reports and court forms, and processes petitions and warrants

takes care of publication of court decisions, reviews court records for accuracy, and handles all court correspondences

coordinates with other related departments and staff in other legal matters

http://www.samplejobdescriptions.org/court-clerk-job-description.html

 

[logicalgirl]

BBM.. Jose would love nothing more than to have the trial delayed as long as possible..

Hmm - do you think so? Since he isn't making anymore money since the photo cash-grab, I'd think he'd be anxious to get this one over and done with - and let ICA sit on death row and appeal her time away, while he got on with his life.

 

[Kentjbkent]

Ha, no!

This woman is just using the worst case scenario to describe the dire budget situation. It draws attention to the problem in a way that makes heads snap.

If this trial gets canceled every other trial will too. And I'm sure nobody's getting out of jail in the meantime.

Pretty slick PR is all it is.

And can we say...VIOLATION OF CIVIL RIGHTS???!!!

 

[logicalgirl]

I just had a thought - can a person "elect" meaning choose trial by judge in Florida in a murder case? Y'know - without a jury?

Heh heh.......:innocent:

 

[cyberborg]

Ha, no!

This woman is just using the worst case scenario to describe the dire budget situation. It draws attention to the problem in a way that makes heads snap.

If this trial gets canceled every other trial will too. And I'm sure nobody's getting out of jail in the meantime.

Pretty slick PR is all it is.

I completely agree. What better way to bring attention and get action to address the budget concerns than use this case.

IIRC non-refundable reservations have already been made and it is too close to call (cancel) so it'd be more prudent to postpone other trials.

It just brings more media attention to target such a high profile high cost DP case.

 

[Solace]

I just had a thought - can a person "elect" meaning choose trial by judge in Florida in a murder case? Y'know - without a jury?

Heh heh.......:innocent:

First of all, this trial is going to bring in a lot of money just because of the newspeople who will be there and the hotels needed and the restaurants to supply the food.

It is not going to happen. The trial is going on, and I bet there are restaurant owners who are going home at night with $ signs in their eyes over how much they are going to make.

I don't see it happening.

 

[jennyb]

WHOA WHOA WHOA...

Before pure panic ensues, let's put this in perspective and remember this is a MEDIA story created to garner ATTENTION and HYSTERIA....all media reports have a slant!

Read the article and am curious as to who sent the original email questions to Clerk of Court...perhaps the OS reporter?

Let's see that email....let's see exactly what SPECIFIC questions Ms. Gardner was responding to....very easy to take a statement out of context when you don't get to see what the original question or statement was...

Let's also remember that Ms. Gardner is a Clerk of Court....whether or not any trial is "cancelled or postponed" is not in her realm of power, nor does she have any authority over our beloved judge...

Interesting that with looming budget cuts, it is ONLY the KC case she cared to direct her "opinion" comments to....

I say heads are going to roll over this one, but we probably won't know....as a reminder, here is the description of the duties of a Clerk of Court

Court Clerk Job Profile and Description

A court clerk is someone whose job is to maintain and keep court records. They are also sometimes called clerk to the court or clerk of (the) court. They are also appropriately titled after the type of court they are attending to. E.g. a clerk of the peace attends to a justice of the peace. Also in most jurisdictions, the existence of a court of clerk signifies the court to be a court of record.

Duties and Responsibilities
performs clerical and secretarial duties like typing, filing, attending to court appointments, answering calls

administers oaths to witnesses, jurors and grand jurors during trials and hearings

authenticates copies of court records, prepares docket of cases to be called, contacts witnesses, lawyers, and litigants for the court and instructs them when to appear in court

records and transcribe minutes of court proceedings, handles financial record keeping, and acts as custodian of the court’s seal and court records

collects fees and other payments or deposits made with the court, prepares reports and court forms, and processes petitions and warrants

takes care of publication of court decisions, reviews court records for accuracy, and handles all court correspondences

coordinates with other related departments and staff in other legal matters

http://www.samplejobdescriptions.org/court-clerk-job-description.html

I was thinking the same! Seems (without us reading the full exchange) she stepped a bit out of bounds... We'll see.

Overall, something like this kind of budget crisis could be a sticky wicket I would think, when it comes to the constitutional rights of a defendant who opted for a speedy trial (as you have already mentioned).

But KC didn't opt for that so I'm not worried.

I still don't understand why the Judge, in these troubled financial times, hasn't held Baez accountable for his billing. He did say he (and/or JAC) would be examining everything that comes in before he issues more funds. But it was an empty warning.

Maybe there isn't enough staff-power to get that job done quickly and the Judge has no choice but to grant the funds for possible appeals reasons. But we already know the PI, for example, has been doing paralegal work, even messenger work, etc.

So as far as I'm concerned blank checks have been written, there's no fine-tooth comb and the DT knows that. The Judge is all about budget and I think, even if they had to hire temps to go over the billing, it should have been done.

Oh well. I don't get it. There truly is a budget crisis and everything DT submits should be examined before it is paid and before more checks are written. But I ain't the judge.

 

[logicalgirl]

First of all, this trial is going to bring in a lot of money just because of the newspeople who will be there and the hotels needed and the restaurants to supply the food.

It is not going to happen. The trial is going on, and I bet there are restaurant owners who are going home at night with $ signs in their eyes over how much they are going to make.

I don't see it happening.

Agree - I was just being a joker :loser: - think how much faster we would get to a guilty verdict if HHJP was handling this one by himself.

 

[logicalgirl]

I was thinking the same! Seems (without us reading the full exchange) she stepped a bit out of bounds... We'll see.

Overall, something like this kind of budget crisis could be a sticky wicket I would think, when it comes to the constitutional rights of a defendant who opted for a speedy trial (as someone has already mentioned).

But KC didn't opt for that so I'm not worried.

I still don't understand why the Judge, in these troubled financial times, hasn't held Baez accountable for his billing. He did say he (and/or JAC) would be examining everything that comes in before he issues more funds. But it was an empty warning.

Maybe there isn't enough staff-power to get that job done quickly and the Judge has no choice but to grant the funds for possible appeals reasons. But we already know the PI, for example, has been doing paralegal work, even messenger work, etc.

So as far as I'm concerned blank checks have been written, there's no fine-tooth comb and the DT knows that. The Judge is all about budget and I think, even if they had to hire temps to go over the billing, it should have been done.

Oh well. I don't get it. There truly is a budget crisis and everything DT submits should be examined before it is paid and before more checks are written. But I ain't the judge.

But hasn't AZLawyer said in the legal thread that JB's expenses to date have not been particularly high? I think so.

Is it that we object to the nonsensical things JB is spending the money on?

 

[Solace]

Agree - I was just being a joker :loser: - think how much faster we would get to a guilty verdict if HHJP was handling this one by himself.

I know. :seeya:

 

[cyberborg]

I was thinking the same! Seems (without us reading the full exchange) she stepped a bit out of bounds... We'll see.

Overall, something like this kind of budget crisis could be a sticky wicket I would think, when it comes to the constitutional rights of a defendant who opted for a speedy trial (as someone has already mentioned).

But KC didn't opt for that so I'm not worried.

I still don't understand why the Judge, in these troubled financial times, hasn't held Baez accountable for his billing. He did say he (and/or JAC) would be examining everything that comes in before he issues more funds. But it was an empty warning.

Maybe there isn't enough staff-power to get that job done quickly and the Judge has no choice but to grant the funds for possible appeals reasons. But we already know the PI, for example, has been doing paralegal work, even messenger work, etc.

So as far as I'm concerned blank checks have been written, there's no fine-tooth comb and the DT knows that. The Judge is all about budget and I think, even if they had to hire temps to go over the billing, it should have been done.

Oh well. I don't get it. There truly is a budget crisis and everything DT submits should be examined before it is paid and before more checks are written. But I ain't the judge.

Good point!! This case is a drain on Florida taxpayers either way since JB will continue to seek funds to go fishing and investigate anything that moves so ... you either get the trial done and stop the bleeding or the costs will just increase.

Also, as was mentioned ... it will be a bigger boost to the economy than cost to the State ... maybe they are seeking some of those funds?

 

[lonetraveler]

Wow, should we all get together and start a "fund raiser" for this trial, LOL?

 

[daisy7]

Our new Governor is cutting our state budget, left and right, no doubt about it. But, the article says proposed legislation from the FL Senate. Can anyone find a link to the actual proposed legislation? I've looked and can't find it.

And, I'm curious why the clerk of courts is talking about her budget being affected by this. Wouldn't the trial come under the SA budget?

 

[jennyb]

But hasn't AZLawyer said in the legal thread that JB's expenses to date have not been particularly high? I think so.

Is it that we object to the nonsensical things JB is spending the money on?

To me, no matter the cost, the billing should be examined, and I don't think it has. I think if the invoices are correct they should be paid and more dollars allotted because that's the way the indigent system works and the Judge is being fair.

There are supposed to be rules in place, guidelines, that every indigent defense has to follow before each request is granted. Seems the DT has played fast and loose, counting on the fact that checking is too labor intensive.

I'm really not against Casey getting the money for her defense that every other indigent defendant has the right to. Whether it's $10 or $50,000!

 

[Sparky]

The Chicago Tribune has picked it up now, too: http://www.chicagotribune.com/news/...thony-trial-jeopardy-20110317,0,4688776.story

IIRC the Orlando Sentinel is owned by the Chicago Tribune.

 

[Kentjbkent]

Okay...found something interesting...was looking to see if I could find any reference to "trials cancelled due to budget cuts"... Found this...

Handling trial cancellations is important, Beasley said, since most requests by defendants for a jury trial end up being waived prior to the trial. This week, for example, Beasley had five trials set to begin on Tuesday but none of the five cases will be tried by jury. In one case, the defendant pleaded guilty. Two other cases were dropped by the prosecutor’s office prior to trial; the last two cases will be tried by the judge alone without a jury.

http://www.pulaskicountydaily.com/news.php?viewStory=2125

So IS IT POSSIBLE.....?????

Lydia Gardner would be responsible contacting jurors, etc....(this article was in reference to a better way to contact jurors last minute when they are no longer needed)..

Were her comments taken out of context and what she was referring to was that due to possible budget cuts, this case (as well as many others) may have JURY TRIALS cancelled, and will be tried by judge ALONE without a jury???????

Remember this email was sent in regards to the media report as to the expected costs associated with the JURY!!!

Go back and reread article with THIS in mind...

I am going to make lunch and assume once again, the media twisted this for sensationalism.....

Justice WILL be served....KC WILL be found guilty....just may be only one cute little bald man that gets to make that determination!

DAM$$$^%^^ media!!

 

[Peepers McPeep]

Dagnabbit!
I keep waiting for someone to gleefully chirp, April Fool!
The brain went fuzzy and I woosily looked over at the calender..nope..still St. Patricks.
I know things will continue as scheduled, barring any Wil E. Coyote and Roadrunner shennanigans on the Defense side of things, so, I'll just unfold myself from the crash position. That was fun. Scare me again!

 

[lonetraveler]

First of all, this trial is going to bring in a lot of money just because of the newspeople who will be there and the hotels needed and the restaurants to supply the food.

It is not going to happen. The trial is going on, and I bet there are restaurant owners who are going home at night with $ signs in their eyes over how much they are going to make.

I don't see it happening.

Yep, I can visualize the street vendors, clowns, circus elephants,,.........

 

[ThinkTank]

Thanks Jennyb - this is my first thought only when I read the news release. High profile trial - what an excellent time to get folks riled up who will start badgering whoever it is who is controlling the purse strings .

I understand there is a budget crisis as we saw HHJP commenting on it last month, but am hoping this statement is more hype than anything else.

Hint to Jose - maybe not a good time to ask for more cash........

Judge Perry said:

March 4, 2011 Hearing [Baez apologizes to Ashton]
Baez calls - brief 5 min recess
Judge - at 10:45 I'm recessing - I have something scheduled for today - I break at 10:25 and meet with representative -run out of money 3rd or 4th week of March - entire court system
Mason - no trains, no planes, no court
Judge - it is what it is

Judge: following week I will sort of be out of pocket Wed Thurs Fri but be reachable unless something changes be in wonderful part of state Tallahassee begging for dollars which is sort of unseemly but task we gotta do but I will be available and reachable if no other matters on State or Defense
court in recess

 

[Tulessa]

A special thanks to Kent and all the other fine Sleuthers, for bringing this little Cherokee Hillbilly back to the land of the sane! :crazy: