Casey Anthony attorneys: Throw out murder indictment

[s1rebecca]

**snort**

I just read the new motions. AL has had her class working overtime. She is most evidently a federal defender. Among other things, she is claiming that the death penalty in and of itself, because it calls for a death qualified jury, prejudices "Miss Anthony's" right to due process. Yeaaah, go with that one AL.

Also, re the check fraud charges...I think she is saying that one charge is enough, three is too many. In otherwords, if you rob 3 banks, you should only be charged with 1 crime.....Ooookay

And poor, poor "Miss Anthony" has been unjustly targeted by the prosecution. They are just soooo mean to her.....

I like you post and if you think about it writing a bad check effects more than one entity. It effects the person whose check you stole, the place you used the check and the bank so I can understand entirely why the three charges, too bad KC doesn't.

 

[Tricia]

All murders are homicide but not all homcides are murder.

This is now stuck in my head going 'round and 'round like a carnival ride. :banghead::banghead::banghead:

 

[seagull65]

I think what they want is for the prosecution to just shake with uncontrollable fear at their motions and let KC go. As if. They know that a dead Caylee was in KC's car trunk. Not in Kronks. Not in JG's trunk. Not in his family's trunk. Not in Kiomarie's trunk. Not in AH's trunk. Not in any of KC's latest and greatest hits' trunks. Not in TL's trunk. Not in Tim Miller's trunk. The rest is just smoke and mirrors. Posturing. Throwing around documents as though they have a purpose.

when was there any investigation of any of the other car trunks you mention here (or several others that come to mind) (except TL's which was luminoled for blood/body fluids but cadaver dogs never used there)? Did I miss this? I don't remember cadaver dogs being taken to any of these people's (or several other players') homes, yards, workplaces, vehicles, storage units, boats, etc or any forensics done in any of these places (I'm not talking about Tim Miller of course). Just curious if I missed this avenue of investigation, because I definitely never saw any investigation into any of these, (not even at the next-door-neighbors'), except for the luminol in the back of TL's jeep and on a couple pairs of his shoes, and LE's initial "walkthrough" of TL's place to apparently just check if Caylee was there. (I know about LE's requesting phone records from a few people, computer records from even fewer, taking statements from major players and some of their roommates, and the polygraphs. And the DNA samples from the A family/BB.)

 

[Searchfortruth]

This is part of an article on the latest defense motions and explains (I thought) why they are submitting this to the court...to me it sounds like it's just procedure and par for course...in other words it means nothing.

"Anthony's defense is filing new motions, which legal analysts say means the defense are getting their ducks in a row. When a person's life is at stake, you can't leave any stone unturned, and if the case goes through an appeals process, these are the natural steps to take."

http://www.cfnews13.com/News/Local/2009/11/3/defense_says_casey_anthony_was_overcharged.html

 

[cecybeans]

Well I guess this is novel, the latest fashion in defense strategy, accusing the state of ignoring all other possible suspects simply because a defendant has been charged.

Apparently the defense thinks the state has inexhaustible resources that they can afford to investigate multi-state red herrings of live-Caylee sightings and do detailed background checks on everyone who spent more than five minutes with KC regardless of whether they bear thorough examination. (Please though, let's not jump to conclusions as to how much investigation was or was not done on others, it may not have made it into discovery and it would appear biased if we made that judgment without having all of the facts).

How creatively paranoid to accuse a grand jury and LE of picking on KC as if she was the only viable suspect amid hundreds. I suppose we will see this going forward in all trials, and those accused will be able to claim they are martyrs and scapegoats if they are charged at all and everyone within miles has not received the same level of scrutiny.

And I'm sure we will now see killers telling fabulous lies (that family members happily corroborate even though the suspect's credibiity is zero) and sticking like glue to insane fabrications believing that if they simply hold tight to their lies they can accuse LE of not "investigating" other avenues sufficiently.

JB better watch it - LE might come to trial and dump all of the mountains of investigative paperwork they've done on others in the case on the floor of the court - like the Santa mailbag scene in Miracle on 34th Street.

 

[momtective]

Since they're grasping at straws I thought I'd throw a few silly one's out here...their motions are as silly as these straws and the 4 leaf clovers aren't going to bring them any luck. The safest place in the word for KC right now is right where she is, in jail. It's no secret, she is the most hated person in the state of Florida. I believe advocating for her release is completely irresponsible and just down right stupid.

 

[notthatsmart]

Why did it take over a year for the defense to file this motion. Seems like this would have been one of the first motions filed. Would have saved them time hiring experts etc, etc. I expect this to fall flat on its face.

It took SA a year to turn over the discovery that shows they have no physical evidence. Thats why

 

[seagull65]

Yes, I remember. And Terry L strongly recommended that KC take a mental health defense. KC/Baez rejected that strategy, and so Terry L quit. Very telling. And not very smart. Terry L would have provided KC a good defense, and likely gotten her LWOP, not to mention that TL would have brought less of a circus atmosphere to this whole thing. He took the case and KC's defense very seriously, and wanted very much to provide her the best defense possible.

Oh, and don't forget that Linda Baden said on 48 Hours recently that a stranger killed Caylee.

Accident is out. SODDI is the defense du jour.

ETA: Lord, I'm slow at reading these threads and typing up my posts...

Legal people, I'm curious, regarding "mental illness defense". What does the defense do if their client clearly appears to be mentally ill, for example, very delusional, changes stories without seeming to understand the implication of doing this and seems to equally believe both stories, or has a big chunk of missing time/memory, due to a mental trauma or simply due to drug use during the time frame in question, or a pre-existing mental condition, but they believe the client to be innocent of murder for a variety of reasons? I wondered this at the time this occurred

 

[Jolynna]

For a case to go to trial, Florida trial judges mandate the state to introduce competent evidence which is inconsistent with the defendant’s theory of events. Darling, 808 So.2d at 156 (quoting Law, 559 So. 2d at 189). I think the state has more than fulfilled that requirement.

KC's "theory of events" is on the record. Over 10,000 pages of evidence inconsistent with KC's "theory" have been released. There are more than 10,000 pages of discovery showing KC covering up Caylee's disappearance/death to family and friends, decomposition fumes in KC's car trunk (verified by the Body Farm) and evidence of "grave wax" wiped up on paper toweling in KC's trunk. There were searches on KC's computer months in advance for chloroform & neck breaking. Caylee was found with 3 layers of duct tape over her mouth and nose. She was stuffed in garbage bags. Caylee didn't end up like that on her own. KC's own father puts Caylee with KC alive at 1 p.m. on June 16...shortly afterwards KC is alone minus Caylee.

There doesn't have to be a cause of death for a first degree murder charge. Charges and convictions can be obtained even without a body. In fact, KC was charged with first degree murder BEFORE the discovery of Caylee's remains.

It isn't up to the trial judge to determine whether or not Tennessee Body Farm evidence is or isn't junk science. Strictland doesn't have to decide if one piece of Henkel duct tape matches another piece of Henkel duct tape or to analyze KC's phone pings and computer forensics. All of that should and (imo) will be evaluated by a jury of KC's peers.

Looking back, Jose's "you'll understand everything once we tell our side at the trial", made KC sound more innocent to potential jurors than AL's, "we can't tailor our defense until we know everything you have (that might catch us & our lying defendant with our pants down)".

jmo

 

[notthatsmart]

This thread started out jubilant. Victory. The defense has nothing. The defense is inadequate.

I have noticed this in other threads as well.

After about 4 pages of post, the reality starts to set in and the good debate begins.

It is my opinion that the defense is just doing their job and a darned good one at that. The defense is getting all their ducks in a row now in case later they have to appeal. That is a very competent thing to do. That is my opinion only.

 

[cecybeans]

It took SA a year to turn over the discovery that shows they have no physical evidence. Thats why

No, there has been over 10,000 pages of discovery. It just took the defense a year to get an attorney that filed typical motions instead of selling photos when he should have been filing for a speedy trial and yachting with Geraldo when he should have agreed to a gag order. Oh, that would have precluded all the press junkets on national TV for his wonderful attempt to get this tried in the media so he could moan and groan about that.

 

[Bittiness39]

when was there any investigation of any of the other car trunks you mention here (or several others that come to mind) (except TL's which was luminoled for blood/body fluids but cadaver dogs never used there)? Did I miss this? I don't remember cadaver dogs being taken to any of these people's (or several other players') homes, yards, workplaces, vehicles, storage units, boats, etc or any forensics done in any of these places (I'm not talking about Tim Miller of course). Just curious if I missed this avenue of investigation, because I definitely never saw any investigation into any of these, (not even at the next-door-neighbors'), except for the luminol in the back of TL's jeep and on a couple pairs of his shoes, and LE's initial "walkthrough" of TL's place to apparently just check if Caylee was there. (I know about LE's requesting phone records from a few people, computer records from even fewer, taking statements from major players and some of their roommates, and the polygraphs. And the DNA samples from the A family/BB.)

Again, to stay on topic, there was no evidence that any of the above committed a crime. There was a dead body in Casey's trunk (and I loathe spelling her whole name). So I guess it must have been the dead squirrels feeding off the bamboo. But still, the defense knows that Caylee was in that trunk. Their posturing suggests to me, that their hands are tied by their client. She still insists the "nanny" did it. Remember she never implicated TL. In fact, far from it. So all they have is what their client is giving them...hot air.

 

[Jolynna]

It took SA a year to turn over the discovery that shows they have no physical evidence. Thats why

I have to disagree.

There are over 10,000 pages of evidence. Circumstantial evidence carries the same weight as physical evidence. There will also be testimony from the Body Farm. The defense gets to cross-examine. They'll have witnesses and experts to say the labs were faulty and the science junk.

It will be up to a jury to evaluate and sort through it.

 

[notthatsmart]

No, there has been over 10,000 pages of discovery. It just took the defense a year to get an attorney that filed typical motions instead of selling photos when he should have been filing for a speedy trial and yachting with Geraldo when he should have agreed to a gag order. Oh, that would have precluded all the press junkets on national TV for his wonderful attempt to get this tried in the media so he could moan and groan about that.

Yes I agree that adding AL was a very smart move on JB's part. Good post. thanks

 

[ExpectingUnicorns]

This thread started out jubilant. Victory. The defense has nothing. The defense is inadequate.

I have noticed this in other threads as well.

After about 4 pages of post, the reality starts to set in and the good debate begins.

It is my opinion that the defense is just doing their job and a darned good one at that. The defense is getting all their ducks in a row now in case later they have to appeal. That is a very competent thing to do. That is my opinion only.

ITA with you about the bolded (respectfully, by me)!! I would be disappointed if they did less. But I think it's all posturing.

If they honestly believed that "Without any facts to refute, Anthony cannot formulate a defense, her attorneys argue," they would be celebrating. They don't have to prove anything ~ So if there is really nothing to refute they can just sit back and enjoy the ride. Won't have to do anything at trial.

Just posturing in my opinion.

 

[notthatsmart]

I think that Judge Strickland will strike this motion but may require the state to give up some facts.

He struck the other motion to dismiss, but he left the door open for the Defense to prove their claim in Febuary. That is a lot of time. Something must be up with that.

I dont think he addressed the motion to drop the death penalty. Does anyone know whatever happened to that?

I have a legal question. If a defense keeps putting in motions to drop charges, at what point does a Judge have to explain why he is striking? Or does a Judge have to explain his actions at all?

 

[whiteangora]

Yes I agree that adding AL was a very smart move on JB's part. Good post. thanks

I often wonder how much JB had to do with adding Andrea L.
I wouldn't be surprised if it was she who approached him.

 

[sleutherontheside]

Yes I agree that adding AL was a very smart move on JB's part. Good post. thanks

Well...he didn't really have a choice did he? His "girl" won't step up and use her brains. At this point, , he realizes that all he can do is to save her life. AL is there for no other reason than to save her life. If anyone is expecting her to come in and prove innocence, they'll be sadly mistaken. KC painted herself into a corner. She left no wiggle room. All JB can do now is hope that AL can "mitigate" her down to LWOP. I am of the opinion that had her family kept their traps shut, and JB hadn't let "celebrity" go to his head (which one I won't assume), that this case would have a verdict that rendered KC guilty of something but alive and with a release date to look forward to. This entire event has been a comedy of errors. The actors have had every opportunity to step down. Their stubborn, dig in your heals, milk this as long as you can, position will fail them in the long run. They fancied themelves gamblers, but their wagers will haunt them AND the family.

 

[Jolynna]

This thread started out jubilant. Victory. The defense has nothing. The defense is inadequate.

I have noticed this in other threads as well.

After about 4 pages of post, the reality starts to set in and the good debate begins.

It is my opinion that the defense is just doing their job and a darned good one at that. The defense is getting all their ducks in a row now in case later they have to appeal. That is a very competent thing to do. That is my opinion only.

Competent or not, the motion won't float.

There are more than 10,000 pages citing the inconsistencies in KC's "theory of the event". A Grand Jury indicted. There are witnesses, experts, family members and KC herself, on audio and video implicating the defendant.

They've got more than enough to go to trial.

imo

 

[mitzi]

I read (at another forum:blushing that Bob Kealing responded to an e-mail about docs-he replied-possibly Thurs. or Friday!! Please Lord - let it be so!!:angel:

ETA-I bet they had to pick Jeff Ashton up off the floor at the SA office today!!

I personally can't wait to read Ashton's responses to these motions! :dance: