Casey Anthony Deposition FILED 2.25.2014

[Hope4More]

Judge Roy?
or
Judge May

Judge May..:bang:

 

[heidisams]

BBM
I agree. Mitnik said When the case goes to trial, Mason replied with IF


Judge Roy?
or
Judge May

Yah, a couple of things I noticed when reading the depo that has me thinking similar is when Shuker and Mitnik were talking back and forth at the very end, after cm and fca stomped out, and Mitnik referred to the depo as "being suspended," to which Shuker corrected him stating no, "Mason terminated it." Another concern I had related to this conversation was that fca's attorney's were upset that zfg's atty's didn't comply with "their agreement" that was apparently arranged prior to the depo going forward. It seems to me fca, and gang, were under the impression that nothing related to Caylee, her death, or pretty much anything related to the criminal trial were off limits... Not sure how that's possible, but I wonder whether the depo would've ever occurred without that arrangement prior??? I'm a little concerned now that they know what fca may have to face if compelled, how compliant they're going to be here on out. With or without a ruling? I mean can she really be forced to talk? Could she maybe have done enough now to, at least, get her on a perjury charge if she just flat out refuses to participate, or default? I'm kind of rambling right now, but these are just of the questions I have rolling around in my head... :smile:

 

[Hope4More]

Heidi...FCA doesn't get to choose whether or not to attend a depo. Whether or not a few questions were asked that may or may not have been outside an agreement seems far less egregious , imo, than how CM inserted himself into the proceedings when he no legal standing to do so.

 

[heidisams]

Heidi...FCA doesn't get to choose whether or not to attend a depo. Whether or not a few questions were asked that may or may not have been outside an agreement seems far less egregious , imo, than how CM inserted himself into the proceedings when he no legal standing to do so.

So, she can be forced then? That's where I'm confused between criminal and civil cases... I thought you could refuse in civil cases resulting in default, rather than facing an arrest if you don't comply in a criminal case. I'm so glad to be corrected, because I don't think I could stomach seeing her hide behind some loophole, or to just walk away without taking, at least, a little accountability this time around... And I agree 100% that cm completely stepped over the line...

 

[Intermezzo]

I think this Complaint is important to what went on during this depostion..the general allegations in the complaint relate to the questions being asked in the Depo

July 22, 2013, Zenaida 's bankruptcy attorney, Scott Shuker, has filed a NEW COMPLAINT, under a NEW Adversary Proceeding Case # 8:13-ap-00626-KRM, which is within the main bankruptcy case # 8:13-bk-00922-KRM.

https://docs.google.com/file/d/0B7DjeAMt_BpISFRvMlVDcENOam8/edit?pli=1

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

I remember something along the lines that the lawyers were not allowed to ask questions about the day Caylee died or any other info that doesn't have to do with the defamation case..
Though I don't remember the Reason given or the agreement between the lawyers...

http://www.mynews13.com/content/new...sey_anthony_s_defa.html#.Unk5wqYYTE4.facebook NOVEMMBER 2013

" A date for the deposition has not been scheduled yet. Both sides say they’re keeping it a secret to avoid publicity.

The deposition won’t be made public unless it’s ordered by the court. Lawyers also aren’t allowed to ask questions about the day Caylee died or any other information that doesn’t pertain to the defamation cases."
--------------------------------------------------------------------

http://touch.orlandosentinel.com/#section/1233/article/p2p-77659619/ OCTOBER 2013

"Anthony's lawyers write in their new motion that Gonzalez's claim is based entirely on privileged conversations with law enforcement and out-of-context comments Anthony made to her mother while in the jail.

Kronk, who alleges Anthony's criminal-defense lawyer Jose Baez implicated him in 2-year-old Caylee's death, is suing based on privileged comments Baez made during her trial, Anthony's lawyers argue.

Anthony's team also argues that, under bankruptcy law, she "cannot be held liable for statements of someone else."
--------------------------------------------------------------------------

BBM above
So looking back at the depo...she was trying to establish that SHE did not say this or that, she did not authorize this person or that person to speak on her behalf..Mason said she can not be responsible for what Baez said....

 

[heidisams]

I think this Complaint is important to what went on during this depostion..the general allegations in the complaint relate to the questions being asked in the Depo

July 22, 2013, Zenaida 's bankruptcy attorney, Scott Shuker, has filed a NEW COMPLAINT, under a NEW Adversary Proceeding Case # 8:13-ap-00626-KRM, which is within the main bankruptcy case # 8:13-bk-00922-KRM.

https://docs.google.com/file/d/0B7DjeAMt_BpISFRvMlVDcENOam8/edit?pli=1

Thx... Imo, what fca did was sooo blatantly malicious. All you have to do is watch the video. There's no doubt she wanted, and intended for her mother to leave with the impression that the Zenaida from Kissimmee still needs to be considered a suspect. How she can sit there and deny it is beyond me! She, at that very moment, just wanted the heat off her back. She's always gotten away with doing the blame game before, without consequences, so what's to stop her now? When cornered, there's nothing she isn't capable of because she isn't normal and doesn't have the ability to even understand what consequences are... I have no doubt that if fca could've somehow made it work, that zfg ended up getting charged with and convicted of Caylee's murder, that fca would be perfectly fine to let her stay in prison for life, or even get the death penalty... Bet she'd even attend Zenaida's execution, loving every single minute of her role as the grieving mommy. I'm sure she would have no problem, and certainly not even a twinge of remorse, looking into zg's eyes as she took her last breath! She's too evil to even care or understand death, and the finality of it... I think she's the lowest, bottom of the barrel kind of evil that exists... I mean she killed her daughter, she is capable of anything. She is so dangerous to have on our streets, or, God forbid, living right next door. Such a danger to society...

Btw, speaking of the blame game, this is the same video where she starts planting the Jesse Grund seed in her parents head. At this point I think he's still just the backup plan to the nanny/kidnapper plot. I think the evidence shows the start of these 2 plans, beginning to develop just days after Caylee's death: JG shower/evidence planted at burial site and apartment hunting/ZG guest card info swiped... She tells her mom "very calmly" that she just doesn't trust JG right now. :banghead: Evil!!!! She just wanted someone to take the fall for her, she didn't care one bit who it was, and that that person was innocent...

 

[CarolinaMoon]

The questions Mitnik is asking KC about Caylee directly affects the outcome of the civil case. If she still has other civil lawsuits to deal with, such as Kronk, she will not answer those questions unless she is told she has to by the judge. Even then who knows if she will answer them truthfully. jmo

And, if they find out she committed perjury, it could be up to 15 years behind bars. :jail:

 

[Intermezzo]

Thx... Imo, what fca did was sooo blatantly malicious. All you have to do is watch the video. There's no doubt she wanted, and intended for her mother to leave with the impression that the Zenaida from Kissimmee still needs to be considered a suspect. How she can sit there and deny it is beyond me! She, at that very moment, just wanted the heat off her back. She's always gotten away with doing the blame game before, without consequences, so what's to stop her now? When cornered, there's nothing she isn't capable of because she isn't normal and doesn't have the ability to even understand what consequences are... I have no doubt that if fca could've somehow made it work, that zfg ended up getting charged with and convicted of Caylee's murder, that fca would be perfectly fine to let her stay in prison for life, or even get the death penalty... Bet she'd even attend Zenaida's execution, loving every single minute of her role as the grieving mommy. I'm sure she would have no problem, and certainly not even a twinge of remorse, looking into zg's eyes as she took her last breath! She's too evil to even care or understand death, and the finality of it... I think she's the lowest, bottom of the barrel kind of evil that exists... I mean she killed her daughter, she is capable of anything. She is so dangerous to have on our streets, or, God forbid, living right next door. Such a danger to society...

Btw, speaking of the blame game, this is the same video where she starts planting the Jesse Grund seed in her parents head. At this point I think he's still just the backup plan to the nanny/kidnapper plot. I think the evidence shows the start of these 2 plans, beginning to develop just days after Caylee's death: JG shower/evidence planted at burial site and apartment hunting/ZG guest card info swiped... She tells her mom "very calmly" that she just doesn't trust JG right now. :banghead: Evil!!!! She just wanted someone to take the fall for her, she didn't care one bit who it was, and that that person was innocent...

BBM
I agree.

How can she sit there and deny it?...she's a Pathological Liar.:twocents:
Her intention was to deflect suspicion away from her and place it on someone else..

I believe she is capable of understanding consequences.
When confronted she CAN admit that her stories are untrue even though she is unwilling to do so.

:twocents:

IMO, Casey and her team most likely thought by declaring BK she'd be rid of her lawsuit claims, that they would be tossed...they were wrong, did they forget the Willful and Malicious Discharge Exception?


https://docs.google.com/file/d/0B7DjeAMt_BpISFRvMlVDcENOam8/edit?pli=1
Adversary Complaint
OBJECTION to DISCHARGABILITY of DEBT Pursuant to 11 USC 523(a)6 and Federal Rule of Bankruptcy Procedure 7003

Looking at the General Allegations in this Complaint we get a better understanding of the questions that were asked in the Depo, what answers they were looking for and how Casey and her team prepared to answer or not answer questions or distancing herself from the allegations..with statements like I did not authorize anyone to speak on my behalf, I can not be responsible for what another person says, I did not have control over the situation...

This is a good article to read
Intentional Torts And Bankruptcy -

http://www.finkellaw.com/CM/PublishedWorks/Art-Torts.asp

II. Section 523(a)(6)
A. Section 523(a)(6) Explained

Broken down into its component elements, Section 523(a)(6) focuses on three significant points:
1) the act subject of the discharge must be willful;
2) the act must be malicious; and the act must be intended to result in an injury.
2) The injury element is the most straightforward and most broad element of the three,8 resulting in little need for judicial interpretation.
It includes physical injury in tort as well as conversion of property.9

However, the application of the willful and malicious component in Section 523 (a)(6) is not so straightforward and thus frequently subject to the scrutiny of the bankruptcy court, who acts as both judge and jury throughout the process.
Part of the difficulty in interpreting "willful" and "malicious" in bankruptcy is that these elements are not defined within the Code, and, as terms of art, are treated as separate elements to be proven.

Read alone, "willful" is generally taken to mean the same as "deliberate or intentional," which requires something more than "mere recklessness."

The standard for willful is whether the act was undertaken voluntarily.

In contrast, the "malicious" standard requires more than willfulness but falls short of requiring personal animosity, spite, or ill will.

Although the three elements appear to be straightforward and easily understood, this is not the case, particularly when the willful and malicious elements are applied together.

Until recently, bankruptcy courts have traditionally been able to rely on tort litigation interpretations of "willful and malicious," thereby creating an effective marriage of two otherwise separate legal disciplines.

 

[Hope4More]

Being a masochist, I just reread the transcript of July 25 jail visit, and of the depo, once again.

I'm not an Atty and I'm sure there are many relevant elements of civil tort that might apply here that I know nothing about. But, IMO, how much further this process goes depends in part on how much latitude and opportunity ZG's team has to impeach FCA based on this and subsequent depo(s) if they happen.

Video/ transcript of the July 25 visit clearly reveal many "inconsistencies" between what FCA just said under oath and what was actually said during that visit. But does that matter if the discrepancies are not directly related to the central question of state of mind and intent to defame? I'm gonna guess they don't matter. So leaving a host of those aside.....

Sorry if this is oh so redundant, but to tie together for each side, first FCA.

Bottom line---Must be proven that FCA acted with wilfull malice to defame ZG. ....FCA's defense:

-She was shown over 50 photos on July 17; including a photo of ZG.
-FCA declared that none of the photos matched her ZG. In the depo she equates that action with having cleared each and every woman in the 50
photos. Clearing =no intent to harm/defame.
--CA visits 8 days later, on July 25. Obviously FCA hasn't yet spent mind-muddling weeks in 23/24 lockdown yet. But, she has had no direct access to news of her case.
-CA brings up ZG of Kissammee. FCA can't match that specific person to any of the 50 photos of saw. She doesn't have access to photos shown to her on the 17th or being shown in TV during this visit with CA.
-In her mind this ZG must be other than one of the 50, because she "cleared" those 50, therefore the police would have no reason to investigate this person.
-If the police did investigate ZG, it was their choice (--and ZG's ), not at FCA's instigation, so there was no willful or malicious intent.
-Her response to CA that she had not been shown a photo of ZG was based on this state of mind. She was mistaken, but it was an understandable mistake given the circumstances, and not intended to harm ZG.
--Even if she knew CA was speaking with media FCA had no control over what CA said, and thus wasn't responsible for what CA did it did not say about ZG.

 

[TorisMom003]

Didn't Casey have a radio in her cell? Didn't Casey also get an hour a day to watch tv? If both of those are true then Casey did have first hand knowledge/access to news reports concerning her case.

 

[Hope4More]

Next, for ZG.
- FCA admitted she could have "made up anyone" to accuse. She chose ZG.
-She had seen ZG's photo. By saying she had not FCA was essentially accusing ZG.
-She could have told CA that ZG of Kissammee was not the correct ZG, no matter what the circumstances were about photos, because she knew that no ZG had Caylee. She chose not to do that.

IMO that last fact is the crux of the matter. Was her choice to not explicitly clear ZG when CA brought her name up on July 25 an act of malice directed at ZG? Or was it reckless disregard?

Seems like in FL law it is possible for reckless disregard to be so egregious that it can be legally equated with malice. Or not.

I'm thinking it's gonna take rolling stones uphill to get even a civil judgement against her.

 

[Steely Dan]

Didn't Casey have a radio in her cell? Didn't Casey also get an hour a day to watch tv? If both of those are true then Casey did have first hand knowledge/access to news reports concerning her case.

IIRC, she had a physical response when she saw the news reports of Caylee's body being found.

 

[LambChop]

KC was shown pictures on the LE computer and one actual photograph of ZG because LE made KC sign it to show it was not The ZFG. So the photograph was different then what she viewed on the computer. How upset could KC have possibly been? She though she had gotten away with murder. jmo

 

[ZsaZsa]

Didn't Casey have a radio in her cell? Didn't Casey also get an hour a day to watch tv? If both of those are true then Casey did have first hand knowledge/access to news reports concerning her case.

Yes she did, and she commented about the Nancy Grace show at one time, too...

 

[Tink56]

Being a masochist, I just reread the transcript of July 25 jail visit, and of the depo, once again.



--CA visits 8 days later, on July 25. Obviously FCA hasn't yet spent mind-muddling weeks in 23/24 lockdown yet. But, she has had no direct access to news of her case.
--Even if she knew CA was speaking with media FCA had no control over what CA said, and thus wasn't responsible for what CA did it did not say about ZG.

I think that when Casey told her parents on the 25th to "keep doing what they've been doing," she is giving permission for them to continue to proceed with public statements, including those about Zanieda.

And, Casey seems to have had much more access to television than she currently acknowledges as she begins the conversation on July 16th to her family and Kristina. (Phone call)

Casey Anthony: "Mom, I just saw your nice little cameo on TV."

Cindy Anthony: "Which one."

Casey Anthony: "What do you mean, which one?"

Cindy Anthony: "Which one? I did four different ones, and I haven't seen them all. I've only seen one or two so far."

JMHO...

 

[Mrs G Norris]

Next, for ZG.
- FCA admitted she could have "made up anyone" to accuse. She chose ZG.
-She had seen ZG's photo. By saying she had not FCA was essentially accusing ZG.
-She could have told CA that ZG of Kissammee was not the correct ZG, no matter what the circumstances were about photos, because she knew that no ZG had Caylee. She chose not to do that.

IMO that last fact is the crux of the matter. Was her choice to not explicitly clear ZG when CA brought her name up on July 25 an act of malice directed at ZG? Or was it reckless disregard?

Seems like in FL law it is possible for reckless disregard to be so egregious that it can be legally equated with malice. Or not.

I'm thinking it's gonna take rolling stones uphill to get even a civil judgement against her.

I agree. ZFG just happened to have the same name as the fictional babysitter, along with a whole lot of other women apparently. I am glad Casey was deposed etc and has to deal with this, but at the end of the day I don't think this lawsuit has much merit.

 

[Intermezzo]

Didn't Casey have a radio in her cell? Didn't Casey also get an hour a day to watch tv? If both of those are true then Casey did have first hand knowledge/access to news reports concerning her case.

Casey was out of her cell 1 hour per day and had access to a tv during that time.
Casey did have a transistor radio BUT we don't have the date when she purchased it from the jail commissary.

We would have to go back into the commissary account purchases to see WHEN she purchased the radio.
I remember it was for about $20 or so..and I have a feeling it was purchased after she went back to jail in Oct 2008

She did have the transistor radio in Dec 2008 because she was listening to it when news broken that skeletal remains were found near her home...

 

[microfiche79]

Whenever I hear or read anything related to this woman, I immediately feel agitated. From the few depo. excerpts that I read, it appears she's as arrogant and impudent as I remember. I just find her indignance so utterly astounding; this is a person who, at very least, bagged and tossed her child in a swamp. U.n.r.e.a.l.

 

[Intermezzo]

Next, for ZG.
- FCA admitted she could have "made up anyone" to accuse. She chose ZG.
-She had seen ZG's photo. By saying she had not FCA was essentially accusing ZG.
-She could have told CA that ZG of Kissammee was not the correct ZG, no matter what the circumstances were about photos, because she knew that no ZG had Caylee. She chose not to do that.

IMO that last fact is the crux of the matter. Was her choice to not explicitly clear ZG when CA brought her name up on July 25 an act of malice directed at ZG? Or was it reckless disregard?

Seems like in FL law it is possible for reckless disregard to be so egregious that it can be legally equated with malice. Or not.

I'm thinking it's gonna take rolling stones uphill to get even a civil judgement against her.

It will be interesting to see what happens next..

 

[heidisams]

I think that when Casey told her parents on the 25th to "keep doing what they've been doing," she is giving permission for them to continue to proceed with public statements, including those about Zanieda.

And, Casey seems to have had much more access to television than she currently acknowledges as she begins the conversation on July 16th to her family and Kristina. (Phone call)

Casey Anthony: "Mom, I just saw your nice little cameo on TV."

Cindy Anthony: "Which one."

Casey Anthony: "What do you mean, which one?"

Cindy Anthony: "Which one? I did four different ones, and I haven't seen them all. I've only seen one or two so far."

JMHO...

She definitely had a whole lot more control over things than she's admitting right now. She, and her attorneys, are going to do their best to pick out bits and pieces of those jailhouse recordings, and try to twist and manipulate it to her favor. For example, the clip where she says "I don't have any control over any of this!"... is going to be argued that she had no control of what people said, did, etc...When really what she was actually saying is "if u guys get me bailed out of jail I will be able to find her!" Playing on their heart strings, leading them to believe/hope that if she was on the outside, and in control, all could be fixed, and she could help find Caylee... All it really was though is just more examples of her sickening, cruel nature. Especially since we all know fca knew she was dead at the time, and was just giving out all that false hope... She just wanted to get out of jail.

She was doing her darnedest to manipulate and control from behind bars, fo sure!