Casey's Life in Jail, Visitors; Phone Calls; Commissary etc.#3

[The World According]

If he did not serve the jail with his motion...what a classic. One time Mrs. Drane Burdick said....we have here yet again our perennial failure to serve the proper parties with notice of the hearing by the defense.

If it was signed by Ms. Gavin, she works for the county.
[ame]http://www.youtube.com/watch?v=jIIPzcGz_iA[/ame]
five minute mark..one of the many times the judges in this case have informed Mr. Baez that the judge's role is not to over rule statutes.
Here is where Ms. Gavin was arguing for the county, that based on the Florida constitution separation of powers, etc, that the court does not have jurisdiction over the jail. Later, when he ruled, he concurred! . [ame]http://www.youtube.com/watch?v=Sfx4uf1U75A[/ame]

[ame]http://www.youtube.com/watch?v=xAuXZ3jqJ70[/ame] Judge Strickland tells Andrea he is "Just sittin' on a rainbow".
[ame]http://www.youtube.com/watch?v=mXjwPU-K-Do[/ame]
I know they want to make the record replete with examples of their standing objection to the jail visits and logs being released, but what possible argument could Baez and or Mason hope to come up with that is new and improved from Andrea's very long, comprehensive one here?
[ame]http://www.youtube.com/watch?v=vvl5tqrBoRY[/ame]
[ame]http://www.youtube.com/watch?v=jIIPzcGz_iA[/ame]
[ame]http://www.youtube.com/watch?v=GZruOMnExNY[/ame]
[ame]http://www.youtube.com/watch?v=R6x__8rtj7U[/ame]

If it was signed by Mrs. Fugate, she represents the Orlando Sentinel. [ame]http://www.youtube.com/watch?v=X_kbZ_WENzs[/ame]
sniped from the OS
Jail records in Caylee Anthony case should remain open, judge ...
... of jailhouse phone calls by Casey Anthony. ... At Tuesday's hearing, Baez told ... Department and the Orlando Sentinel argued before the judge. Lawyer Rachel Fugate ...
www.orlandosentinel.com

 

[countzero]

[ame="http://www.websleuths.com/forums/showpost.php?p=5700431&postcount=236"]Websleuths Crime Sleuthing Community - View Single Post - 2010.04.29 Motion to Seal Casey's Jail Logs. Why?[/ame]

JB sent a certified copy of the motion to the jail by way of the SAO's office. His scribbling kinda/sorta hides it from a quick read.

 

[Themis]

Websleuths Crime Sleuthing Community - View Single Post - 2010.04.29 Motion to Seal Casey's Jail Logs. Why?

JB sent a certified copy of the motion to the jail by way of the SAO's office. His scribbling kinda/sorta hides it from a quick read.

The problem is -- serving the Sheriff's Office is not the proper way to serve the proper defendant, the County. The jail is just a function of the government agency -- the Sheriff's Office. The Sheriff's Office is just an agency under Orange County, FL. The County is the "sui juris" legal entity. In order to serve a County it must be delivered to the Clerk of the Board of Supervisors. Until he serves the Clerk of the Board of Supervisors, it isn't served on the County. The County is not a party to this litigation. The parties are the State of Florida and ICA; until someone else is joined or intervenes for a limited purpose, obviously since it is a criminal prosecution. This really should be separate and independent civil litigation and not brought as a motion in a criminal trial at all. The judge sitting in a criminal trial does not have subject matter jurisdiction to make operational changes at the jail or deal with the public records act.

 

[nums24]

Orlando Sentinel moves to keep Casey Anthony jail records open

http://www.orlandosentinel.com/news...hony-sentinel-motion-20101027,0,1873996.story

<snipped>

But today the Sentinel responded with its own motion, saying the Casey Anthony team's "argument is misplaced."

"Florida's Constitution and Public Records Act contemplates the disclosure of all records made or received by an agency in connection with the transaction of official business," states the Sentinel's motion to intervene. "The fact that there is no exemption for the public records at issue means that the legislature never contemplated that the documents would remain secret."

 

[Themis]

JB is in the wrong court. He needs to bring his action to seal the jail records in civil court as a writ of administrative mandamus against the County of Orange, Office of the Sheriff. He's in criminal court. This judge could handle it by dismissing or denying JB's motion based on lack of subject matter jurisdiction. It is not a criminal due process issue and therefore belongs in civil court. (JMHO, of course.)

 

[countzero]

The problem is -- serving the Sheriff's Office is not the proper way to serve the proper defendant, the County. The jail is just a function of the government agency -- the Sheriff's Office. The Sheriff's Office is just an agency under Orange County, FL. The County is the "sui juris" legal entity. In order to serve a County it must be delivered to the Clerk of the Board of Supervisors. Until he serves the Clerk of the Board of Supervisors, it isn't served on the County. The County is not a party to this litigation. The parties are the State of Florida and ICA; until someone else is joined or intervenes for a limited purpose, obviously since it is a criminal prosecution. This really should be separate and independent civil litigation and not brought as a motion in a criminal trial at all. The judge sitting in a criminal trial does not have subject matter jurisdiction to make operational changes at the jail or deal with the public records act.

And will HHJP tell JB this at the hearing, again. I guess JB expected the SAO to walk it to the sheriffs office door and the heck with being proper.

 

[Themis]

And will HHJP tell JB this at the hearing, again. I guess JB expected the SAO to walk it to the sheriffs office door and the heck with being proper.

JB hasn't even made a motion to join the jail/Sheriff's Office/County either. How does he think he can get an order against someone who is not a party to the proceedings? That's another problem; lack of in personam jurisdiction over the County (and the jail records). The court can't even get to the merits of his argument until he proves he has in personam jurisdiction and jurisdiction over the subject matter. Without those two things, any judicial order would be void or voidable; without legal power. Now, HHJP has already basically told him he doesn't have jurisdiction over the jail records. Now that I'm spelling it out, maybe JB will realize why.

 

[The World According]

Hi Themis! Good to see you!

Judge Perry told Baez in open court, look if you have a complaint about the jail, there is a remedy for that..it is called a suit, very particular and carefully he said it slowly. He told him to walk across the street and file a federal suit. (my paraphrasing) This was a classic also. The thing that is interesting to me is Baez has now been told this by two judges, often. Even if he is indeed not, (in the words of Judge Strickland) "Feigning ignorance", surely to God Cheney Mason with his 30 plus years; he so often reminds of, experience in Florida law knows this!!!!'

If I didn't know better it would seem like a Saturday Night Live Skit about don't come to court unprepared or impaired.

Check out this video of Mrs. Drane Burdick taking the defense to SCHOOL! [ame]http://www.youtube.com/watch?v=Ae5J_ObjkTw[/ame]

"It is legally insufficient as a matter of law, the entire motion is replete with errors, from top to bottom, procedurally and substantively. The court should dismiss their motion without even entertaining it. This is not even a good faith effort...this is a farce!" Ms. Gavin and Ms. Fugate know their stuff too!! [ame="http://www.websleuths.com/forums/showpost.php?p=5726924&postcount=47"]Websleuths Crime Sleuthing Community - View Single Post - 2010.10.21 - Casey Attending Status Hearing 2010.10.29???[/ame]

Status Hearing:
Part 1
http://www.wftv.com/video/24824765/in...

Part 2
http://www.wftv.com/video/24825363/in...
Part two, 18 minute mark... the now famous "Bear in mind...
Part two 20 minute mark, Baez agrees with the judge, he only files these motions to maintain his standing objections.
You just can't make this stuff up!

 

[logicalgirl]

It could be the County's civil lawyers filing on behalf of the Sheriff -- a County officer and employee. The jail is an agency in the County Sheriff's Office.

Anyway, it baffles me that in a death penalty case this big with this much to do that anyone on the defense team would spend time trying to keep KC's jail records private! Don't they have something else more important to do with their limited resources? If they don't it is a huge signal that they think she's going down the tubes on the big charges!

LOL - it's both the OC jail and the Sentinel - oke:

Poor widdle Jose - everyone is ganging up on him and now he has to face the JAC again. ython:

 

[chefmom]

The problem is -- serving the Sheriff's Office is not the proper way to serve the proper defendant, the County. The jail is just a function of the government agency -- the Sheriff's Office. The Sheriff's Office is just an agency under Orange County, FL. The County is the "sui juris" legal entity. In order to serve a County it must be delivered to the Clerk of the Board of Supervisors. Until he serves the Clerk of the Board of Supervisors, it isn't served on the County. The County is not a party to this litigation. The parties are the State of Florida and ICA; until someone else is joined or intervenes for a limited purpose, obviously since it is a criminal prosecution. This really should be separate and independent civil litigation and not brought as a motion in a criminal trial at all. The judge sitting in a criminal trial does not have subject matter jurisdiction to make operational changes at the jail or deal with the public records act.

Thank you, Themis, for that very easy to understand explanation. You make it crystal clear even to us laypeople. Wonder why Jb can't get it through his head?:waitasec:

 

[nums24]

2010.10.26 Orange County Response To Defense Motion for Reconsideration

http://www.docstoc.com/docs/5858680...esponse-To-Defense-Motion-for-Reconsideration

10/27/2010 Sentinel Motion To Intervene - Opposing Defense Motion for Reconsideration

http://www.docstoc.com/docs/5858454...--Opposing-Defense-Motion-for-Reconsideration


Infinite Thanks to MuzikMan!!

 

[spiderlady]

Quick...someone request the visitor logs and commissary report just to Baez red in the face again.

 

[costalpilot]

So why aren't they visiting?

They don't visit, imo, because they know she killed her daughter, their granddaughter and niece, who they loved. Plus they know her, who and what she is.

The question arises, why do they defend her? Because they created her. She is of them. They aren't defending her. They are defending themselves. It has nothing to do with what she did. They know what she did and they do not forgive her. If they did, they might visit.

Otoh, you saw how she treated them when they came last. Who would want to subject themselves to that again.

 

[costalpilot]

Richard Gabriel and his company Decision Analysis are pretty interesting. Looks like his specialty is jury selection. One of the things listed on what they do is "Mirror Juries." They recruit a group of demographically similar people to the actual jury and have them watch the trial then provide day-to-day feedback to the attorneys.
http://www.decisionanalysisinc.com/...abriel&catid=39:consultant-profiles&Itemid=55

Wonder who's paying for his services.

that is sick and another reason our system of justice is ,eh, broken.

 

[Dear Prudence]

that is sick and another reason our system of justice is ,eh, broken.

Right! I had no idea those kind of things were done until I read his website. It really shows what money can buy you if you're on trial.

I don't recall hearing anything else about this guy since then though. I wonder if he's going to be helping at trial, and if so, who's paying for it??

 

[ZsaZsa]

What I am anxious about is- he keeps coming back asking for the jail logs/phone calls/commissary purchases to be excluded from public information.
Is he just using subterfuge by stating his objection to everyone knowing about KC's Skittle purchases, when what he really wants excluded is her phone calls, and if those calls are ever excluded, does that mean that all the ones we have already heard ( the 'Waste of time' call in particular) will also be excluded from evidence? Sorry if this is confusing, but I always look for his ulterior motive and usually find one.

 

[LambChop]

What I am anxious about is- he keeps coming back asking for the jail logs/phone calls/commissary purchases to be excluded from public information.
Is he just using subterfuge by stating his objection to everyone knowing about KC's Skittle purchases, when what he really wants excluded is her phone calls, and if those calls are ever excluded, does that mean that all the ones we have already heard ( the 'Waste of time' call in particular) will also be excluded from evidence? Sorry if this is confusing, but I always look for his ulterior motive and usually find one.

I don't think he can exclude them from evidence if SA choses to use them as evidence. He does not want the media to hear what a "spiteful *****" (KC's description of herself, I might add) she really is. I'm sure there are things KC would like to say to her parents...."zip it" comes to mind but does not want the public to be able to hear her say it. KC may feel she is the only one who can control CA and she may be right. But KC not being able to talk to her mother leaves Mom with an open door to say whatever she wants. jmo

 

[Cayleefan]

Does anyone know what she's been ordering on her commissary lately?

 

[LambChop]

Does anyone know what she's been ordering on her commissary lately?

From the way she looked in court I would say she may not be getting any money from the A's. jmo

 

[Snaz]

Right! I had no idea those kind of things were done until I read his website. It really shows what money can buy you if you're on trial.

I don't recall hearing anything else about this guy since then though. I wonder if he's going to be helping at trial, and if so, who's paying for it??

If he is providing any services to the defense, it mostly likely would have to be on a pro bono basis because HHJP already denied the use of a jury consultant. IIRC, he told CM that he had enough experience to pick the jury.

However, Mr. Gabriel either hasn't updated his website... or he is working with Team KC.....

Mr. Gabriel has assisted counsel in the O.J. Simpson, Heidi Fleiss, Phillip Spector, Enron Broadband, and Whitewater trials, and is currently working with attorneys in the Casey Anthony matter.

http://www.decisionanalysisinc.com/...abriel&catid=39:consultant-profiles&Itemid=55