Casey defense team wants tough questions asked of prosecutors??

[daisy7]

I thought it was interesting that JB said that AL was the lead attorney and deferred to her on one question from the media...

 

[Truthwillsetufree]

I like her! have since she asked Casey about her strut!

Me too, Kathi B. Rocks!

 

[nanny1]

Me too, Kathi B. Rocks!

I think she Rocks also !!:woohoo::woohoo::woohoo:

 

[amethyst221]

A question for the Legal Eagles..........Can you "Motion" away the SA determination that they will ask for the Death Penalty? Didn't articulate that very well but I hope my q can be understood. Seems to me the State decides what degree they will try and let the Jury decide if it warrants death or not. Maybe my question can be asked as - can the Judge tell the SA to remove DP based on a defense motion?

I believe the defense could raise by motion a claim that there is no statutory or legal basis for seeking the DP in this case, a question of law. I'm not sure it could be decided prior to the evidence coming in, but I expect something like this will be filed. This is a different question than whether the state chooses to seek the DP in a case in which there IS a conceded statutory basis. Or whether the jury ultimately decides to impose it in a case where it has been properly sought. The DP isn't available in every murder case, but only certain categories.

I'd also expect that the defense will somehow throw into this mix some claims about the alleged wrongful motivation of the state in first not seeking, then seeking, the DP. Defense lawyers are big on claiming prosecutorial misconduct and evil motivation. How this will defeat the DP remains to be seen. Anyway, those are my speculations, but new counsel did pretty much announce what's she's going to do, at least in general terms.

 

[nssherlock]

I thought it was interesting that JB said that AL was the lead attorney and deferred to her on one question from the media...

Also interesting that he said "I have............LKB.........& I have TM..........", not an indicator that he'll be moving over for anybody. But AL can't be a shrinking violet ............I predict head butting that'll be heard as far away as China.

 

[nssherlock]

Me too, Kathi B. Rocks!

She's the model for professional journalist IMO........did ya see her take out LKB? LKB going off on a tangent & KB says "but the question I asked was........" LOL

 

[Theonly1]

A question for the Legal Eagles..........Can you "Motion" away the SA determination that they will ask for the Death Penalty? Didn't articulate that very well but I hope my q can be understood. Seems to me the State decides what degree they will try and let the Jury decide if it warrants death or not. Maybe my question can be asked as - can the Judge tell the SA to remove DP based on a defense motion?

Both sides can craft motions and can even get quite creative with their motions. We sort of saw this sort of thing from TL (before Caylee's body was found) when he was on the defense team where they tried to get the State's attorney to see that perhaps the facts of this case did not meet or merit the death penalty.

The State has the OPTION of asking for the DP (when elements are met by statute) and can opt not to go for this most strict penalty.

A defense attorney can submit a motion to the State and try and convince the State that because of good reasons or mitigators (like mental instability, the perpetrator's age, first-time offender, etc.) that their client is not the best candidate for the death penalty. The State can agree and waive the DP.

Now that the State believes that Caylee was murdered, and a Grand Jury's indictment was handed down against Casey for the murder, and taking into account that Caylee was Casey's daughter in her care and a child of a young age it meets the standard that applies for the DP in Florida. In some states they don't take a child's age into account as an aggravating factor but in Florida we do. We also have the Felony Murder Rule which can come into play if, for example, Caylee was chloroformed by her mother (a felony) and as a result of that died from the drug. Either route (First Degree Murder or Felony Murder) can result in a death penalty option.

Now, as I recall, when TL submitted his brief to the State the body was not found and not only was the theory of "accident" floated around but also the theory of mental instability was floated around.

But then the body was found and the coroner ruled out accident. As you know, once the body was found it took a month or two for them to put the DP back on the table.

Could another brief or motion be given to the State from the new attorney trying to persuade (reiterating the mitigating factors) against the DP? I don't know but I think they could ask. One thing I do know is that they could ASK for a plea deal too (not that they would get one but they could try).

If this new attorney is so hot to trot and good with mitigation why not try to negotiate a plea deal and nip this thing in the bud?

 

[NocturnalLady]

Me too, Kathi B. Rocks!

I'm on Team Kathi too! :blowkiss:

 

[nanny1]

What did Baez say to KB that made him sound like a spoiled child? I was not able to see the end of the video.

Sorry Lambcop I just saw your question.

Baez snapped at KathyB to get the microphone out of the the angel of deaths face( that's not the title he used) . He also kept telling the media to ask the office across the street some questions (not exact words)and when Kathy asked a couple of times what he wanted them to ask he wouldn't answer her.
She also asked why aren't looking for the real killer. He wouldn't answer.

 

[MAMABEAR]

I watched the video of the defense team ( their comment's after the hearing). Mr M. (atty from California) said that we should ask the state, or the reporters should ask the state why they brought back the DP, after it had been waivered. I believe LKB made a comment about Casey being prosecuted like she is Ted Bundy. I am sure the state has their reason for bringing back the DP...I believe that reason to be the use of Duct Tape in the murder of a child. A child that was the Defendant's daughter.

I have no right to ask the state anything, they have the burden of prooof at trial, not before. Whatever evidence they put to the GJ was enough to get a Murder Indictment...The Defense doesn't want to show their hand before trial, I am pretty sure the state doesn't either. It's simple, if the state doesn't have enough evidence to convince a jury of 12 Orange County, FL citizens, Casey will walk or there will be a mistrial. If the state has the goods, and I believe they do, Casey will pay for the murder of her defenseless daughter.

KC isn't Ted B. yet----well we don't know that fersur. But if she had gotten away with Caylee's death---then who knows. I believe that she had planned to off CA/GA and that is a start.

As far as the State answer ?s-----that was a safe "statement" for JB to spout off. They aren't the ones who have run to the Media. The Media knows better than to pull and beg at their coat tails.

 

[MAMABEAR]

Ask them when? When they give their regular press conferences? Oh wait ... the SAO does not hold press conferences!! JB needs to start working on the questions he is going to ask at trial and quit worrying about the questions that reporters should be asking!! Oh how I would have loved for Kathi B. to have asked, "What journalism school did you attend, Jose?"

OMG------> I would have fallen outta my chair.:rotfl:

 

[ecs5298]

I'm on Team Kathi too! :blowkiss:

Maybe a new thread for the Parking lot...."The Kathi B Fan Club"??????

 

[one_hooah_wife]

A question for the Legal Eagles..........Can you "Motion" away the SA determination that they will ask for the Death Penalty? Didn't articulate that very well but I hope my q can be understood. Seems to me the State decides what degree they will try and let the Jury decide if it warrants death or not. Maybe my question can be asked as - can the Judge tell the SA to remove DP based on a defense motion?

I see some others have answered but I thought I'd add my explanation anyway...

No, the judge doesn't have the authority to prevent the SAO from seeking the death penalty in a capital case. However, the judge can override the jury's recommended sentence, though this rarely happens. In Florida, the following crimes are capital crimes:

First-degree murder; felony murder; capital drug trafficking; capital sexual battery.

What these DP attorneys mean when they say "this is not a death penalty case" is that they feel there is no way the SAO can prove certain elements of the crime that make it a capital offense ... for example, premeditation, exact manner of death, etc OR that mitigating factors outweigh aggravating factors or simply the outright lack of aggravators (considered in the penalty phase) to such a degree that the sentencing jury would never rightfully be able to recommend execution, therefore no need to pursue it. Sometimes they are successful in persuading the SA to drop the DP if they show an ability to identify and exploit weaknesses in the State's case ... but when this happens you can bet that it is as much a benefit to the prosecution as the defense! If the case truly does not meet the criteria for a death sentence the defense can ask for the death penalty charges to be dropped. This is super hard to prove pre-trial because generally not all the evidence is known.
I hope this was somewhat helpful!

 

[nssherlock]

Both sides can craft motions and can even get quite creative with their motions. We sort of saw this sort of thing from TL (before Caylee's body was found) when he was on the defense team where they tried to get the State's attorney to see that perhaps the facts of this case did not meet or merit the death penalty.

The State has the OPTION of asking for the DP (when elements are met by statute) and can opt not to go for this most strict penalty.

A defense attorney can submit a motion to the State and try and convince the State that because of good reasons or mitigators (like mental instability, the perpetrator's age, first-time offender, etc.) that their client is not the best candidate for the death penalty. The State can agree and waive the DP.

Now that the State believes that Caylee was murdered, and a Grand Jury's indictment was handed down against Casey for the murder, and taking into account that Caylee was Casey's daughter in her care and a child of a young age it meets the standard that applies for the DP in Florida. In some states they don't take a child's age into account as an aggravating factor but in Florida we do. We also have the Felony Murder Rule which can come into play if, for example, Caylee was chloroformed by her mother (a felony) and as a result of that died from the drug. Either route (First Degree Murder or Felony Murder) can result in a death penalty option.

Now, as I recall, when TL submitted his brief to the State the body was not found and not only was the theory of "accident" floated around but also the theory of mental instability was floated around.

But then the body was found and the coroner ruled out accident. As you know, once the body was found it took a month or two for them to put the DP back on the table.

Could another brief or motion be given to the State from the new attorney trying to persuade (reiterating the mitigating factors) against the DP? I don't know but I think they could ask. One thing I do know is that they could ASK for a plea deal too (not that they would get one but they could try).

If this new attorney is so hot to trot and good with mitigation why not try to negotiate a plea deal and nip this thing in the bud?

First - Thank You for sharing your knowledge!
I know most would disagree but (referring to bolded) I think negotiating a plea deal is the most pragmatic course to pursue. There is no doubt in my mind that the State of Fl could use the MILLIONS it's gonna cost to try this case for much more necessary and rewarding enterprises on behalf of the taxpayers of the state. JMO

 

[Just Jayla]

NocturnalLady;3805142]I'll wait and see before I decide about her. My knee jerk reaction is that there has to be something seriously flawed about anyone who would become involved in this case. So far I don't think any of these people have clean hands...

They anticipate their hands to be full of dirty stinking money after this is over and they write their books....

 

[cecybeans]

(bbm)

I believe JB is picking up the taint of word salad employed by Ms. A, and her relatives. They often use words incorrectly.

I think he meant " I emplore you..." but used the incorrect word. People who fancy themselves well educated often use words they hear , but fail to get the word correct. but that's just my opinion .

You are right about the malapropism that runs rampant. Using "employ" instead of "implore" - particularly when the phrase itself is archaic and stiff - is not just limited to the Anthonys though. I've taught communication for people who have to interface with the legal field and their language tends to be rather baroque - trying to imitate legalese I suppose.

But it infects the media too; I think we generally read much less than we used to and we we use phrases we are doing so from hearing memory, not from visual memory. I've seen more reporters butcher the language - even making up words. One of my favorites is "glamorfy", as in "that lawyer seeks to glamorfy his reputation by appearing on camera whenever possible".

 

[one_hooah_wife]

You are right about the malapropism that runs rampant. Using "employ" instead of "implore" - particularly when the phrase itself is archaic and stiff - is not just limited to the Anthonys though. I've taught communication for people who have to interface with the legal field and their language tends to be rather baroque - trying to imitate legalese I suppose.

But it infects the media too; I think we generally read much less than we used to and we we use phrases we are doing so from hearing memory, not from visual memory. I've seen more reporters butcher the language - even making up words. One of my favorites is "glamorfy", as in "that lawyer seeks to glamorfy his reputation by appearing on camera whenever possible".

Is that used in the place of glorify? Too funny ... I have lots of favorites like when people say ripe instead of rife ... "The lawyer's motion was ripe with errors" and jive for jibe ... "Her story just doesn't jive with the facts." Anyway, I really enjoyed your post ... I find linguistics fascinating!

 

[chelle70]

I was wondering about ALyons living in Chicago, or somewhere near there, she won't be able to be back to Florida until towards the end of June. So who is going to be working/speaking on behalf of the defense team to the media until she returns? Yep...good ole Jose B! So I guess he won't be going away anytime soon. I mean, no media, that I know of, up where AL lives is going to be running after her and hassling her with KC questions. It'll still be a big story in Orlando, and that's where JB lives and works. Same goes for LKB and that Todd M guy. They aren't permanently in Florida either, and I assume fly back and forth frequently. Too bad.....I was looking forward to not having to see JB's mug much anymore.

 

[Mystic]

LOL - Nice try at misdirection JB

SA will not answer you or the public

they will present their case at trial

I suggest you stop the media events

prepare your own case - your clients

life is at stake

yeah lol.... odd how he says he doesn't want this tried in the media but asks them to do that very thing, JMO

 

[Mystic]

I'm just confused as to why they believe "this is not a death penalty case".

If the state proves their case, you have a murdered baby girl, whose mother killed her and had NO REMORSE, went on her daily life as if nothing happened, lied to authorities, her family, etc.

and let's say this again: SHE KILLED an innocent, loving, beautiful child.

I wondered how she could say that but then when asked about those motions/or was it her reasons... Lyons said, she is new and hasn't even gone thru all the material as of yet. ??? I'd say for her to declare with such certainly it was not a DP case, it didn't sound right to me that she hasn't reviewed what they have yet. Just saying....