Casey Anthony attorneys: Throw out murder indictment

[Trapshooter]

This may be a silly question. When the Judge makes a decision on these motions, Does he know the SA strategy or case?

notthatsmart, with all due respect, honestly, you did ask that question. No judge presiding over a case, any case, knows the strategy of the defense or the prosecution. Like Sleutherontheside said, the judge is there to preside over the court and to make sure both sides follow procedure.

 

[sleutherontheside]

I wanted to make an additional comment. Gone are the days of secret witnesses and last minute evidence. The discovery process allows both sides to see what they are up against. The defense and SA will both see what evidence there is and have sufficient time to plan how to respond. They will use this to construct their witness lists, experts, order of testimony, exhibits, and also plan for their rebuttals. Strategy changes as information comes in and can differ from day to day. THere is no way to force either side to submit strategy as it is a constant work in progress.

 

[magic-cat]

When someone quotes me and then uses off topic items to make their point, I can not respond. It is against the rules to respond to an off topic post. So therefore it is unfair. Please take your off topic items and use the appropriate thread.

As far as being on topic. I wish to have some form of proof that this trial should go on. The Judge needs to address this motion in a clear and fair legal manner. I am taking this motion very serious and expect a reasonable response from the Judge.

Oh I guarantee there will be a MOST reasonable response from his honor Stan Strickland...don't worry about that. He will apply nothing but law and reason as he denies the heck out of this frivolous and ridiculous motion that is nothing but a waste, a huge waste.:blushing:

 

[notthatsmart]

I find this motion to be very reasonable. The motion says where are the facts to refute? Good question. Reasonable Question. To call it ridiculous and frivolous is to be disrespectful to the officers of the court and the defendant. I can not go there. Caylee deserves justice in a respectful manner.

 

[thedeviledadvocate]

Because in my opinion there is plenty of probable cause to bring the charges against Casey. Dropping the charges and dismissing this case is premature, in my opinion. The issues the defense brings up is a matter for a jury to decide, not a judge.

He might hold a hearing on this motion, but no way is it going to be granted.

So the 16 arguements presented by the defense in the motions that, the state chose not to dispute... these are matters for the jury to decide?
If that is the case, then I can't figure why the defense lawyers would put them in the motion. I am sure that SS will not dismiss the charges, just as I am sure these motions are just standard procedures in a case such as this. It just seems like a "dream team" should be able to come up with legitimate arguements presented in a motion, at least legitimate enough to get a response from the prosecution.

 

[Bittiness39]

I find this motion to be very reasonable. The motion says where are the facts to refute? Good question. Reasonable Question. To call it ridiculous and frivolous is to be disrespectful to the officers of the court and the defendant. I can not go there. Caylee deserves justice in a respectful manner.

ITA in the sense that I want an even playing field. The motion the defense filed is expected considering what they are up against. You are right, Caylee deserves justice. Unfortunately, there are a variety of Casey defenders who believe (IMO) that unless Casey was caught on tape murdering Caylee that somehow all of the evidence that the SA's office has compiled against Casey should not stand. Which is ridiculous. IMO.

What I think is going on here with the defense is that they got the bug report and realized that there was no way to argue that a dead Caylee wasn't in Casey's car. To wit: I believe that there was evidence of coffin flies found in the trunk and if that is true...there is no way the defense can argue that anyone else did it. I suspect her parents understood the same once they smelt that car. But for their own reasons, and I don't claim to know them, they have decided to defend their daughter to the detriment of justice for Caylee. Which a lot of us find inexcusable and disgusting.

 

[notthatsmart]

I see it differently. I think the recent discovery again had no inculpatory evidence and that is why they filed the motion. Sorry about the spelling. I guess we will see soon.

 

[RR0004]

I find this motion to be very reasonable. The motion says where are the facts to refute? Good question. Reasonable Question. To call it ridiculous and frivolous is to be disrespectful to the officers of the court and the defendant. I can not go there. Caylee deserves justice in a respectful manner.

They'll get their chance to see the State's case when the trial begins. No one is showing disrespect to Caylee, let alone the SA's office. I guess at this juncture we'll just have to wait and see what happens.

 

[RR0004]

I see it differently. I think the recent discovery again had no inculpatory evidence and that is why they filed the motion. Sorry about the spelling. I guess we will see soon.

So how come they haven't released the discovery they've been sitting on for 2 weeks?

 

[RR0004]

So the 16 arguements presented by the defense in the motions that, the state chose not to dispute... these are matters for the jury to decide?
If that is the case, then I can't figure why the defense lawyers would put them in the motion. I am sure that SS will not dismiss the charges, just as I am sure these motions are just standard procedures in a case such as this. It just seems like a "dream team" should be able to come up with legitimate arguements presented in a motion, at least legitimate enough to get a response from the prosecution.

You'd think...wouldn't ya? Go back and read some of the earliest motions...priceless IMO...but that's when JB was the skipper.

 

[notthatsmart]

So how come they haven't released the discovery they've been sitting on for 2 weeks?

I dont know the rules. Don't they do their dumps on Fridays?

 

[Bittiness39]

I see it differently. I think the recent discovery again had no inculpatory evidence and that is why they filed the motion. Sorry about the spelling. I guess we will see soon.

I always open up another browser when I can't think of the right spelling...lol. Don't worry about misspelled words. At all.

The only thing I can think of, apart from the fact that LKB is known for motions (ie par for the course) is that the defense is stuck with Casey's story about a fictious nanny. Since their client either refuses to or for whatever reason will not entertain the accidental death idea they are forced to try to gamble like amateurs in Vegas. They are obviously going after the indictment because only two witnesses testified. George and the detective. Just because a Grand Jury believes there is sufficient reason to go to trial does not mean the case/charges will be dropped-regardless of what evidence was presented to them. It also does not mean the Judge in the case is acting unfairly if he allows the trial to proceed. I don't want to help the defense, at all, because I believe that Casey is an unfeeling murderer, liar and thief...but the nanny story is so ridiculous it ranks right up there with "a real live fairy lives in my bedroom" type of thing.

 

[thedeviledadvocate]

After the defense team reviewed all the discovery given to them thus far, they believe there is nothing in that discovery that validates a Death Penalty charge, so they filed the motion to dismiss the dp charge. I may be incorrect about this, but that's the way I read it. So I don't think they are asking for the SA to reveal strategies about the case, I think they are asking for validation of the DP charge. I think SS will deny this motion.

 

[RR0004]

I dont know the rules. Don't they do their dumps on Fridays?

LOL...there are no rules...just seems to be the case.

 

[RR0004]

After the defense team reviewed all the discovery given to them thus far, they believe there is nothing in that discovery that validates a Death Penalty charge, so they filed the motion to dismiss the dp charge. I may be incorrect about this, but that's the way I read it. So I don't think they are asking for the SA to reveal strategies about the case, I think they are asking for validation of the DP charge. I think SS will deny this motion.

Again...they can ask...and hope that some new door will open...but these really are matters to be laid out during the trial.

 

[RR0004]

After the defense team reviewed all the discovery given to them thus far, they believe there is nothing in that discovery that validates a Death Penalty charge, so they filed the motion to dismiss the dp charge. I may be incorrect about this, but that's the way I read it. So I don't think they are asking for the SA to reveal strategies about the case, I think they are asking for validation of the DP charge. I think SS will deny this motion.

IMO they're worried that this dp qualified jury will be harder on her (as far as sentencing) even if they don't vote for the dp. Same reason they don't want her convicted on multiple counts of fraud. It wouldn't bode well when the sentencing guidelines are followed.

 

[thedeviledadvocate]

IMO they're worried that this dp qualified jury will be harder on her (as far as sentencing) even if they don't vote for the dp. Same reason they don't want her convicted on multiple counts of fraud. It wouldn't bode well when the sentencing guidelines are followed.

I agree.

At what point in these procedures do they pick the jury?
After the defense gets done filing all the motions they are surely going to file?

 

[LiveLaughLuv]

I'm coming out from lurking status again... I truley believe that JB and crew really do know that KC is guilty but they have to defend her because that was the task they took on with open arms for what ever reason ( possibly fame and $ ).... but... does anyone here think that JB or anyone on the "dream" team has said to KC " OMG!!! Get Real!!" We have No Nanny, you had NO JOB, You have been caught in numerous lies, Your parents are on National TV making fools of themselfs, Your sweet baby girl is dead.... lets do the right thing here and let her rest in peace... Lets put this whole thing to rest and Lets just get it done with..We have NOTHING!!!

I don't think they'd consider conceding to that, although they truly should, IMO. They've locked themselves in. The dream team has also said, we have gone over the documents and we find out client is 100% innocent of all charges, (parapharsed) which Macaluso boldly stated in court. Someone other than KC placed her at Suburban, our client was already in custody...

 

[Wudge]

BBM

I'm not certain I agree with your wording here. The defense can offer a reasonable explanation, and, after weighing the contrasting pieces of evidence, the jury must decide if, overall, it leaves them with a reasonable doubt that KC is guilty.

One reasonable counter-explanation for a piece of State's evidence does not automatically place that one in the defense column. I believe you yourself argued earlier today against a jury foreman "scoring" things in that way.

Hope this helps to clarify.

Incorrect. It does place that item of evidence in the defense column. Please focus sharply on the word 'reasonable'. which we rely on as a centerpiece for standard of proof in criminal trials.

When the defense offers a explanation for an item of circumstantial evidence that a juror finds to be 'reasonable', the juror cannot then use that item of evidence to support proof beyond a 'reasonable' doubt. To do otherwise would be fallacious logic.

HTH

 

[mom2chloe]

To the Defense's credit, they are allowed to ask for the moon, and would be remiss in their duty to zealously represent their client if they did not. That being said, it doesn't mean SS will agree with them on any of these motions but they are certainly entitled to ask.
I want to see a transcript of the GJ testimony by GA and the detective as I feel that is the only way we can better understand the defense's true reasons for these motions. There is something unknown to us thus far based on that transcript and the entomology reports in MHO.