Casey Anthony Grand Jury Meeting Details Leaked

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  • #161
Is this gonna' be a closed courtroom? Will we be able to see what's going on?[/QUOTE]

I don't think so...I'm pretty sure it's closed to the public.

We may get some info if anyone who testifies chooses to speak with a reporter after they testify.......Unless the Judge issues a Gag Order
 
  • #162
Is this gonna' be a closed courtroom? Will we be able to see what's going on?


No it is closed but WFTV.com said this:

TUESDAY'S HEARING: No cameras are allowed, but WFTV.com will be updating with details from our team of reporters attending

So go on thier site and you can see read what is going on. I don't know how they are updating it but they are very good with breaking news.
 
  • #163
No it is closed but WFTV.com said this:

TUESDAY'S HEARING: No cameras are allowed, but WFTV.com will be updating with details from our team of reporters attending

So go on thier site and you can see read what is going on. I don't know how they are updating it but they are very good with breaking news.

Maybe some of the witnesses will talk after they give testimony. They're allowed to do that. I can't imagine, though. Unless GA feels compelled to say something to the media.
 
  • #164
Maybe some of the witnesses will talk after they give testimony. They're allowed to do that. I can't imagine, though. Unless GA feels compelled to say something to the media.

They may say they were there, and that's about it. Grand jury testimony is sealed - they can't speak in detail about it. It's Florida law.
 
  • #165
They may say they were there, and that's about it. Grand jury testimony is sealed - they can't speak in detail about it. It's Florida law.

Isn't that the law everywhere?
 
  • #166
No it is closed but WFTV.com said this:

TUESDAY'S HEARING: No cameras are allowed, but WFTV.com will be updating with details from our team of reporters attending

So go on thier site and you can see read what is going on. I don't know how they are updating it but they are very good with breaking news.

They will be right outside the jury chamber, watching everyone come and go.
 
  • #167
Isn't that the law everywhere?

Supposedly. In FL though, the court has to lift the seal - and I think even the return of a true bill indictment doesn't mean anyone who testified in front of grand jury can discuss it. That little caveat isn't the same in all states.
 
  • #168
OK...Hope this is "on topic".....After the GJ makes their decision, obviously an indictment, the judge said, in the prior hearing, that evidence petitioned for be turned over in 10 days. When KC is charged after the GJ hearing and put back in jail.....
1) Can someone ELSE bond her out on the murder charges (even if it's a million)??
2) Does ALL the evidence need to be given to the Defense when she's arrested, or just what JB was granted in the court hearing ??
3) When DOES all the evidence get to the Defense ??
AND
4) Does JB need to request each piece of evidence ?
 
  • #169
Just to clarify, sorry if its been said - Yes, Grand Jurys are intended to be in secret - but they started at the founding of our country, aka before the internet and 24/7 cable news. So now its much harder for anything to even be "quiet." 50 years ago you wouldn't have people hanging outside a courtroom for weeks unless it was a huge city and a huge case - there was just too much leg-work day to day.

And try to keep in mind, the GJ has traditionally been for the benefit of the ACCUSED. I know we've been talking about the "ham sandwich" line - but that's really because prosecutors now won't bring a case in front of the GJ unless they are pretty sure they can GET an indictment.

Dirty secret of the legal profession- there are paid "mock juries" where people sign up to act as a jury and get paid for their day, and they are randomly assigned to cases and prosecutors/civil lawyers will "try" their case and see the odds of the outcome - often even before bringing formal charges.

Its all very political - no prosecutor wants a huge loss on their hands. So even just calling the GJ means the prosecutor thinks its worth risking her/his career on this. Imagine she/he doesn't get the indictment - all of us would be up in arms, screaming ham sandwiches :P
 
  • #170
OK...Hope this is "on topic".....After the GJ makes their decision, obviously an indictment, the judge said, in the prior hearing, that evidence petitioned for be turned over in 10 days. When KC is charged after the GJ hearing and put back in jail.....
1) Can someone ELSE bond her out on the murder charges (even if it's a million)??
2) Does ALL the evidence need to be given to the Defense when she's arrested, or just what JB was granted in the court hearing ??
3) When DOES all the evidence get to the Defense ??
AND
4) Does JB need to request each piece of evidence ?


I'm on very little sleep but at least federal / most jurisdictions -

1) Yes. If the judge sets bail, if someone can come up with the $500,000+ then she can be out free. But if it is a murder case, the prosecutor will often ask for "remand" aka no bail. But here JB might argue she has been out on bail and "perfect," so there's no reason for remand. Will be interesting.
2) They'll go through discovery - it becomes a game almost, the Prosecutor doesn't have to hand anything over until its "ready" - but once they have evidence that they are done analyzing they do have to disclose everything. But say the prosecutor gets results back - the prosecutor never has to give the defense the results, only the actual evidence. Any analysis or work the prosecutor did is considered attorney work product and it doesn't have to get turned over - ie if the prosecutor deposes a witness, all the prosecutor has to do is allow the defense access to that witness, doesn't have to hand over his notes.

My eyes are closing so hopefully someone else can take over from here! HOpe this helped a little
 
  • #171
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  • #173
Here's a link from the American Bar Association about grand jury secrecy. It basically says what I remembered from Whitewater, that the procecutor and the grand jury itself is sworn to secrecy, but the witnesses can reveal whatever they wish (or even outright lie) about what they testified about.

http://www.abanet.org/media/faqjury.html

Why are grand jury proceedings secret?
Rule 6(e) of the Federal Rules of Criminal Procedure provide that the prosecutor, grand jurors, and the grand jury stenographer are prohibited from disclosing what happened before the grand jury, unless ordered to do so in a judicial proceeding. Secrecy was originally designed to protect the grand jurors from improper pressures. The modern justifications are to prevent the escape of people whose indictment may be contemplated, to ensure that the grand jury is free to deliberate without outside pressure, to prevent subornation of perjury or witness tampering prior to a subsequent trial, to encourage people with information about a crime to speak freely, and to protect the innocent accused from disclosure of the fact that he or she was under investigation.

Why can a grand jury witness talk about his or her testimony?
In the federal courts, the witness is not sworn to secrecy, and may disclose whatever he or she wishes to whomever he or she wishes. The witness exemption was adopted in part because it was thought that requiring witness secrecy was unrealistic and unenforceable, and in part to allow the witness to rebut rumors concerning his or her testimony. There is a basic revulsion in the United States about secret testimony.

Are there any other exceptions to grand jury secrecy?
At one time, the defendant in a criminal trial was never given access to the grand jury testimony that resulted in the indictment. By the 1980s, in most jurisdictions, if a witness who testified before the grand jury was called to testify at the eventual trial, the defendant was given a copy of that witness's grand jury testimony to use for possible impeachment. Some jurisdictions also give the defendant a list of everyone who testified before the grand jury, and several give the defendant a full transcript of all relevant grand jury testimony. In the federal system, no such list is provided, and the grand jury transcripts of only those persons who testify on behalf of the prosecutor at trial are given to the defendant.
 
  • #174
If I were KC, I'd be very nervous about tomorrow. But she isn't like normal people so who knows how she feels.
 
  • #175
  • #176
Part of article.. will post the rest for ez reference!

Prosecutors today are expected to present the case against Casey Anthony -- the mother of missing 3-year-old Caylee Marie -- to members of a grand jury who will decide whether she will face more serious charges, possibly murder.

The 22-year-old mother is the main suspect in the disappearance of her daughter, who was reported missing July 15. She told detectives that she last saw Caylee in mid-June when she left the girl with a baby sitter. When Anthony returned later, both Caylee and the baby sitter were gone, she said. Authorities have not been able to find the nanny, and they question whether she exists.

Anthony is currently charged with child neglect, filing a false statement with law enforcement and check fraud.

For the grand jury, State Attorney Lawson Lamar and an assistant state attorney will question witnesses as part of the closed-door proceeding
 
  • #177
Anthony's father, George Anthony, is expected to be one of the witnesses, a source said. Typically, detectives are called to speak before the grand jury.

How does a grand jury work?

People who have drivers licenses or state identification cards are selected at random to serve on grand juries.

They are allowed to ask witnesses questions and, if needed, ask to hear from specific witnesses. However, the state cannot force Casey Anthony to testify if she doesn't volunteer, and prosecutors must also question any witnesses who can offer evidence that could clear Anthony.

The state has to prove only probable cause to charge Anthony with a crime. Proving a case beyond a reasonable doubt is the standard for a criminal trial.

Is the grand jury open to the public?

No. What happens before a grand jury is secret. By law, witnesses, jurors and prosecutors are not allowed to talk about testimony. If they do, they may be held in contempt of court.

The media is not allowed in the grand jury proceedings. This is to ensure the witnesses and jurors are free from outside pressures.
 
  • #178
However, participants can speak about the proceeding once the grand jury makes a decision.

What could happen?

After witnesses are questioned and evidence is presented, the jurors will talk about what they heard and will make a decision. It takes only 12 jurors to agree when deciding what to do.

The jury could opt for a lesser degree of murder, such as manslaughter.

They can issue a "true bill," which becomes an indictment once it's filed with the court. The indictment remains sealed to the public until authorities take the defendant into custody, which could happen the same day.

If jurors agree there isn't enough evidence, they can issue a "no-true bill," which means no indictment.

What happens after a no-true bill?

Prosecutors can opt to present the case again.

There is no statute of limitations for murder charges, so the state can pursue them at any time.
 
  • #179
Angel, the GJ will hear it at a later date. The GJ is not a trial, it is there to review evidence and determine if charges can be made.
 
  • #180
Angel, sorry I didn't see you had other questions. The GJ is secret, in the respect that you aren't supposed to know who they are and the testimony given remains sealed.
Only those called, the prosecutor and the defense attorney are present The public, and the media are not allowed.

Florida requires that captial murder cases be brought before a GJ. If they were to charge Casey with 2nd degree murder, they would not have to go before the GJ, so that is why everyone is speculating that Casey will be charged with capital murder/felony murder.

Welcome to WS btw. Oh, and I'm a former downriver rat, myself.
 
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