Casey is indigent? Now what?

[The World According]

Can't they stay on and get the pay the state allows? Update:

Yes, with stipulations

(5) INDIGENT FOR COSTS. --A person who is eligible to be represented by a public defender under s. 27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court, on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007, funded by the state.

www.pascoclerk.com/.../public-courts-forms-gdn-aff-indigent-status.pdf

definitions.uslegal.com › Legal Definitions Home › I - Cached

a) The person must submit to the court:

1. The completed application prescribed in subsection (1).

2. In the case of a person represented by counsel, an affidavit attesting to the estimated amount of attorney's fees and the source of payment for these fees.

(b) In reviewing the motion, the court shall consider:

1. Whether the applicant applied for a determination of indigent status under subsection (1) and the outcome of such application.

2. The extent to which the person's income equals or exceeds the income criteria prescribed in subsection (2).

3. The additional factors prescribed in subsection (4).

4. Whether the applicant is proceeding pro se.

5. When the applicant retained private counsel.

6. The amount of any attorney's fees and who is paying the fees.

(c) Based upon its review, the court shall make one of the following determinations:

1. The applicant is not indigent for costs.

2. The applicant is indigent for costs.

 

[cyberborg]

Or that they haven't liked Baez since the beginning and sent Brad Boy on an errand to see if they could replace Baez, and then try to convince her? Not trying to be difficult here just want to get my head on straight about this indigent stuff.
Because if they do declare her indigent, doesn't that mean M.Lyons and Baez would have to be replaced? Or is this the master plan?
Is the moon full or something? I seem to be going sideways today.

I agree that they have not liked JB since day 31, I think GA said as much if not CA.

However, MN was their attorney at first and this article talks of BC who did not join until Dec. when the A's went on LKL and Caylee was found. So if it is true that BC petitioned this new attorney to work on contingency then it was more recent -- although there were likely other coup attempts to remove JB.

"Eyewitness News was told the Anthonys and their lawyer, Brad Conway, were looking for a lawyer to represent Casey who was willing to forego getting money upfront."

http://www.wftv.com/news/22593225/detail.html

 

[Macushla]

That's kind of cold ,isn't it?
The publicity Baez would get from all the media conferences & then from ditching his client would probably end his career. :loser:

I don't know about ending his career - maybe as an attorney, but I don't think that woud bother him too much. I have alway felt he was angling for a shot at being the 'legal talking head' for any/all of the spanish language stations in FL. either here in Central Florida or down in Miami Dade area.

Of course he can always apply to appear on one of the reality shows, perhaps Celebrity Apprentice? :crazy:

 

[RR0004]

Or that they haven't liked Baez since the beginning and sent Brad Boy on an errand to see if they could replace Baez, and then try to convince her? Not trying to be difficult here just want to get my head on straight about this indigent stuff.
Because if they do declare her indigent, doesn't that mean M.Lyons and Baez would have to be replaced? Or is this the master plan?
Is the moon full or something? I seem to be going sideways today.

We know they had their doubts about Baez from the beginning...but I do truly believe that the As know just how serious this is and are gravely concerned about their daughter.


...and I can't believe I typed all that. Ya see now I can relate from a mother's point of view. Of course there's a big IF here...but something tells me that the As are very worried about Baez.

 

[cyberborg]

Can't they stay on and get the pay the state allows?

Yes, I believe so.

I think the Pandora's box is the opening of the current financial records to review as well as remaining within the State's guidelines on costs/payment.

The good news though, IIRC is that given it is a DP penalty case the State would fund anything and everything appropriate and necessary to defend KC.

The catch though is the above disclosure of financial records and sources. IMO.

 

[RR0004]

Can't they stay on and get the pay the state allows? Update:

Yes, with stipulations

(5) INDIGENT FOR COSTS. --A person who is eligible to be represented by a public defender under s. 27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court, on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007, funded by the state.

definitions.uslegal.com › Legal Definitions Home › I - Cached

But won't Baez then have to divulge everything financial...or do you think he's already done so?

 

[Cherry Baby]

Taking this all of the way to the Trial of the Century is great for JB and his team in terms of notoriety but there is a good chance that KC ends up with the DP.

That's just it - paid or not paid by I don't think when this is finally over that Baez is going to get a lot of deep pocketed customers to defend. He's going to be right back where he started.

However...I've been thinking, which can be dangerous mind you so back up a bit...can the A's throw a wrench into the trial now because they'd file against Baez for not representing KC to the fullest? Or maybe they'll claim that her bad decision in keeping JB on is a sign of mental illness?

Believe me, I'm just grasping at straws, it ain't fact.

 

[RR0004]

Yes, I believe so.

I think the Pandora's box is the opening of the current financial records to review as well as remaining within the State's guidelines on costs/payment.

The good news though, IIRC is that given it is a DP penalty case the State would fund anything and everything appropriate and necessary to defend KC.

The catch though is the above disclosure of financial records and sources. IMO.

Jinx!!!!!!!!!!!!

Gosh...it seems like they're all stuck in the mud.

 

[LaLaw2000]

If Casy is indigent, does this mean that the famous Anthony Foundation isn't doing so well?

Also, is George and Cindy BOTH on disability? I have to wonder what the source of income is for the two of them.

So, no one has any money to gove to Baez? Serves him right, IMO.

 

[steadychick]

This is pure speculation, but suppose Baez promised that he would stick with her based on his assumption of big payoffs through publicity, books, movies etc. Nothing in a contract, mind you, as I believe this would be illegal and unethical (??). And now here we are, the defense is out of money to pay for the basic expenses of this case, ie deposing witnesses. Baez and company has to leave, either willingly or forced. Could KC come back and file a lawsuit based on his promises and the fact that he may have convinced her she was best off seeing this thru to trial?

 

[mydailyopinions]

Wouldn't it be funny if the new evidence that has been turned over to the state from LE is letters that Casey has wrote to Cindy complaining about her defense team?
Classic Cindy!

 

[RR0004]

That's just it - paid or not paid by I don't think when this is finally over that Baez is going to get a lot of deep pocketed customers to defend. He's going to be right back where he started.

However...I've been thinking, which can be dangerous mind you so back up a bit...can the A's throw a wrench into the trial now because they'd file against Baez for not representing KC to the fullest? Or maybe they'll claim that her bad decision in keeping JB on is a sign of mental illness?

Believe me, I'm just grasping at straws, it ain't fact.

Casey is legally an adult...I don't think her parents can do much of anything. But, for some reason, I think LE is aware of the situation.

 

[BeanE]

Quite a pickle our Casey has got herself in. Out of money and can't declare indigency unless she reveals that she paid for her defense of murdering her sweet baby Caylee by selling images of her sweet baby she murdered.

The public outcry from revealing that will be swift and severe.

And they'll instantly lose any teeth they might have had in their claims that poor Casey's been unfairly vilified in the press. Like for the COV.

Think about it.

Sweet, isn't it?

 

[Searchfortruth]

That is what I thought, even if Casey was declared indigent, her current lawyers would be paid by the state (although at a considerably lower price than what they are used to).

 

[cyberborg]

That's just it - paid or not paid by I don't think when this is finally over that Baez is going to get a lot of deep pocketed customers to defend. He's going to be right back where he started.

However...I've been thinking, which can be dangerous mind you so back up a bit...can the A's throw a wrench into the trial now because they'd file against Baez for not representing KC to the fullest? Or maybe they'll claim that her bad decision in keeping JB on is a sign of mental illness?

Believe me, I'm just grasping at straws, it ain't fact.

If it was me and based on the opinions of others, like Sheaffer and Hornsby, I'd seek to file something against JB _but_ the catch is KC is his client and calls the shots so whether you can do something today versus after trial and a verdict is a question.

AL did say that the A's can visit KC but obviously that has never happened, so that's something to pursue, are the A's able to communicate properly with KC -- not that KC may listen to them since she killed Caylee and maybe wants to remain distanced .... so does not have a LOT of options.

 

[denjet]

I know of criminal cases where so much $$ was allowed by the court to be paid to the atty in fees and the lawyer had to eat the rest. IOW< they had to see it through and were not allowed to quit.

I remember hearing that if KC were declared indigent, that Baez would stay on but would have to accept what a public defender would get ... and experts would also be paid according to what is allowed

 

[RR0004]

If Casy is indigent, does this mean that the famous Anthony Foundation isn't doing so well?

Also, is George and Cindy BOTH on disability? I have to wonder what the source of income is for the two of them.

So, no one has any money to gove to Baez? Serves him right, IMO.

No love loss there...but no way any respectable job they could find now would be enough to pay for Casey's defense. A lot is coming back and biting 'em...but the "defense fund" thinking just has to go.

 

[The World According]

But won't Baez then have to divulge everything financial...or do you think he's already done so?

Yes, I just looked it up in the Florida rules. Sooooo, this explains the stall.
definitions.uslegal.com › Legal Definitions Home ›

a) The person must submit to the court:

1. The completed application prescribed in subsection (1).

2. In the case of a person represented by counsel, an affidavit attesting to the estimated amount of attorney's fees and the source of payment for these fees.

(b) In reviewing the motion, the court shall consider:

1. Whether the applicant applied for a determination of indigent status under subsection (1) and the outcome of such application.

2. The extent to which the person's income equals or exceeds the income criteria prescribed in subsection (2).

3. The additional factors prescribed in subsection (4).

4. Whether the applicant is proceeding pro se.

5. When the applicant retained private counsel.

6. The amount of any attorney's fees and who is paying the fees.

(c) Based upon its review, the court shall make one of the following determinations:

1. The applicant is not indigent for costs.

2. The applicant is indigent for costs.View attachment Florida-Criminal-Pleadings.pdf

 

[RR0004]

Wouldn't it be funny if the new evidence that has been turned over to the state from LE is letters that Casey has wrote to Cindy complaining about her defense team?
Classic Cindy!

Don't think I haven't thought of that! I'd bust a gut!!

 

[CarolinaMoon]

I've believed from the beginning that the finances in Casey's representation have not been very legitimate. Casey even lied to Baez that she had some money in the bank to pay him. He didn't see $$ from her bank account because there wasn't one.

Based on the complexity of the case, this will literally cost millions to defend.

In the meantime, the defense is nickle and diming the defense. They haven't done very many depositions and a couple of them were in relation to the video of Casey's reaction to the news of the discovery of remains on Suburban Drive.

At the latest hearing, when I heard Andrea Lyon mention the idea of declaring Casey indigent for the purpose of the Jill Kerley deposition, bells went off in my head.

I think this may be coming fairly soon, if Andrea Lyon has her way. She is very legally savvy and knows that the defense needs to get moving.

I also have a sneaking suspicion that Baez isn't shorting himself financially. Would he be willing to open up the books to show the defense finances in order to have Casey declared indigent? I have my very sincere doubts about that for reasons we who have been on the case from the get-go know very well.

Also, would Baez be willing to continue on the case on the payroll of the State of Florida???