Casey defense team files motion to dismiss case--Could KC walk!

[ZsaZsa]

How does every other defense team manage in the same circumstances without claiming special priveleges?
Family support? Make that collusion so that they can get their stories straight.

 

[shellsbells]

The motion says "the only evidence" suggesting a homicide are conflicting reports of where the remains were found and without evidence the defense cannot challenge the opinions the state is bringing to court.
THE ONLY EVIDENCE . . . SUGGESTING A HOMICIDE???????, NO CAYLEE FOR 31 DAYS! Dead body in the trunk, dog hits all over the place, DNA, DNA,

Yeah, that struck me as pretty bold of them to say.

Some big ol' brass ones on all these people.

Edited to add that maybe KC's going mad because she's going on a year in the clink and it just occurred to her the anniversary is coming up? Eh, I don't know, I know it's not that easy but I wish I could just say JB went to Hollywood Upstairs Law School and call it a day.

 

[AZlawyer]

So its a catch 22. If LE processes evidence by the book then it's spoliation. If they allowed defense into the crime scene (which wasn't ruled as Caylee at the time) the chain of custody is compromised and the evidence isn't admissible.

:waitasec:

Right: (1) demand that your guys be allowed to "examine" the scene, (2) after they trample the scene instead (as pre-planned), fire them, then (3) file motion to dismiss because LE allowed people to trample the scene, thus destroying evidence.

 

[Brini]

Yeah, that struck me as pretty bold of them to say.

Some big ol' brass ones on all these people.

Edited to add that maybe KC's going mad because she's going on a year in the clink and it just occurred to her the anniversary is coming up? Eh, I don't know, I know it's not that easy but I wish I could just say JB went to Hollywood Upstairs Law School and call it a day.

KC's not going mad.

JB suddenly realized that he's going to court (maybe televised) with NADA!

 

[MADJGNLAW]

It seems to me that the SA and LE did everything by the book and in the end Investigators tried to release the crime scene to Baez and the rest of Casey Anthony's defense team, but they declined

Dec.13 -5:30 p.m.
Jose Baez, Casey Anthony's attorney, and his defense team make a surprise visit to the Anthony home and the crime scene with forensics expert Dr. Henry Lee. Baez says many items were removed from the home. Lee says that is not usual for a crime scene investigation.

Dec.16 -

2:20 p.m.
A representative of medical examiner Dr. Jan Garavaglia (Dr. G), said concern over loss of evidence during the autopsy was unfounded because only about three inches of bone would be lost in the maceration process due to toxicology testing.

2:15 p.m.
Defense attorney Jose Baez asks for all photos connected to the search of an area where a child's bones were found to be released to them. The prosecution said it was concerned that any release of photos before it is "appropriate" could compromise their investigation and that they are concerned gory photos of the skull and other items could find their way out to the media.




2:02 p.m.Friday, Dec. 19
Medical Examiner says remains are those of Caylee Anthony. She says Casey Anthony has been notified http://www.cfnews13.com/News/Local/2008/12/12/minutetominute_update_in_remains_discovery_12_11.html

11:30 a.m. Saturday, Dec. 20
Investigators tried to release the crime scene to Jose Baez and the rest of Casey Anthony's defense team, but they declined. The scene can now be accessed to the general public. http://www.cfnews13.com/News/Local/2008/12/12/minutetominute_update_in_remains_discovery_12_11.html

 

[CarolinaMoon]

Right: (1) demand that your guys be allowed to "examine" the scene, (2) after they trample the scene instead (as pre-planned), fire them, then (3) file motion to dismiss because LE allowed people to trample the scene, thus destroying evidence.

AZlawyer, from your keyboard to LDB's ear! It's going to be QUITE the hearing! I can't wait.

 

[nanny1]

Nope. I think maybe JB has come unglued, and the lawyers can't handle HIM.

I had just taken a sip of water while reading this and well you know the rest..

 

[impatientredhead]

I just read the motion to destroy all videotapes of the family visits. OK...NOT getting to talk to Cindy is cruel and unusual punishment???? I don't get it....:waitasec:

So far these motions are good for comic relief but not much more.

My interpretation of the request to destroy the videos is to get the original videos destroyed before they can be entered as evidence. Makes me wonder what is on those tapes that Baez doesn't want played for the jury. Without the original, untampered with videos it is unlikely they could get a copy entered.

The idea that they won't tape future attorney visits is outrageous. Casey's safety is their responsibility. They monitor inmates, period. Not to mention JB is a fool if he thinks her screwing him in some room and then screaming rape at a later date is outside the realm of possibility. He should want those video tapes to exist more than anyone (note they aren't taking audio during those visits).

 

[Novice Seeker]

Could the timing of this defense motion have anything to do with the fact that the 15 day deadline to produce the evidence 'that proves Casey's innocence' is fast approaching and no sign of the BOMBSHELL evidence as yet. Wonder where it could be?

Give her time, Cindy's typing as fast as she can

 

[nanny1]

Which reminds me,when are we going to get they tape of her reaction to finding sweet Caylee's body. Let's not forget the famous rumored tape of her and Jose..:woohoo::woohoo::woohoo:

 

[whisperOFwings]

Well, if they're not up by early tomorrow afternoon I'll have to go get my own copies, so we have something to study over the weekend. :crazy:

:blowkiss:
My gawd, I think I lubs me some Muzikman..... thank you!!
awesomeawesomeawesomeawesomeawesomeawesome
:woohoo:

 

[Novice Seeker]

This is laughable. JB says they were denied access to the site? What exactly did he want DC to do when the man went over there a month earlier? Heck, DC was loyal enough to go back 3x's.

MO
Novice Seeker

 

[snowbun]

Which reminds me,when are we going to get they tape of her reaction to finding sweet Caylee's body. Let's not forget the famous rumored tape of her and Jose..:woohoo::woohoo::woohoo:

Me thinks when AL finally got to watch these, she went "OMG, we have to get these destroyed!" and hence the motion.

IMO

 

[whisperOFwings]

I am beginning to wonder if GA & CA went to visit KC in jail and that is the real reason the motion to dismiss was one of many motions filed.

snipped from Sentinel article:
And it wants the jail to destroy videos of Anthony and her family.

Sorry, still reading on page one.
Boy, if this is true, I'm thinking KC must have said somethin' purrrrty BAD... so they don't want it out there!!
Perhaps they figured after all this time had past, KC would be on her best behavior... ooooops!! :dance:

 

[ThinkTank]

Anthony's attorneys argue that she needs her family support and providing video of visits to the media could be deemed as an attempt to punish Anthony. Her lawyers also say that without family visits her defense team can not adequate prepare for her death penalty case."

This mumbo jumbo is straight from Professor Andrea Lyon -

http://www.wisspd.org/html/training/ProgMaterials/Conf2006/DDEFE.pdf

Litigation - “Defending the Life-or-Death Case” byAndrea D. Lyon
Volume 32 – Number 2 – Winter 2006 – American Bar Association

pg 47

You must also interview the client’s family and household. .......

Family members’ involvement can be key for the following reasons:
- At a sentencing hearing, they make good witnesses.
- Their presence during trial creates an atmosphere in which it is easier to save your client’s life.
- Family support can help make your client more self-assured and a better witness if he needs to take the stand.
- Family support can prevent your client from engaging in self-destructive behavior (e.g. acting out violently in prison or court).

 

[Brini]

Anthony's attorneys argue that she needs her family support and providing video of visits to the media could be deemed as an attempt to punish Anthony. Her lawyers also say that without family visits her defense team can not adequate prepare for her death penalty case."

This mumbo jumbo is straight from Professor Andrea Lyon -

http://www.wisspd.org/html/training/ProgMaterials/Conf2006/DDEFE.pdf

Litigation - “Defending the Life-or-Death Case” byAndrea D. Lyon
Volume 32 – Number 2 – Winter 2006 – American Bar Association

pg 47

You must also interview the client’s family and household. .......

Family members’ involvement can be key for the following reasons:
- At a sentencing hearing, they make good witnesses.
- Their presence during trial creates an atmosphere in which it is easier to save your client’s life.
- Family support can help make your client more self-assured and a better witness if he needs to take the stand.
- Family support can prevent your client from engaging in self-destructive behavior (e.g. acting out violently in prison or court).

Maybe we can get JB's family to attend? So, JB doesn't act out self-destructively?

 

[JWG]

Next week, hopefully.

A lot of those 2000 are going to be FBI standards & procedures docs, a lot of dry reading I would think.

No no no ... don't let them fool you.

Nearly 30 CDs were released, and 8 or so dealt with procedures, but one - the first one - was focused on 2000 pages of reports. Later ones had detailed report info, possibly bench notes.

There should be enough there to keep us busy for months. :dance:

 

[Numbers]

This is laughable. JB says they were denied access to the site? What exactly did he want DC to do when the man went over there a month earlier? Heck, DC was loyal enough to go back 3x's.

MO
Novice Seeker

Bigger laugh: They cite Joy Wray, poster child for the Baker Act.

 

[whisperOFwings]

I just looked at the Sentinel article again and they have added this:

In addition, the defense filed a document asking the judge to grant a previous request from the state, which asked for a transcript of Casey Anthony's father's s testimony before the grand jury. George Anthony's appearance before the grand jury preceded his daughter's indictment.

http://www.orlandosentinel.com/news...nthony-defense-motions-091709,0,3657298.story

Oooooooooooooooooooohhhhh!!!!!!
That's the only word I can think of at this moment.

 

[krt]

How about filing a motion to stop the airing of the 48 hrs show that the Anthony's made money off. Keep the Anthony's and himself off of the talk shows and they wouldn't need a change of venue..:banghead:

:Jumpie::Jumpie::Jumpie::Jumpie::Jumpie:

WITHOUT A DOUBT THE QUOTE OF THE WEEK GOES TO NANNY1!!!