Defense Motion to Seal Penalty Phase Discovery Documents

[Macushla]

OK, we know that Barrett is a mitigation expert and she has been working on this case for a long time. The JAC rules seem to say that if you are a Social Worker, Psychologist, or something like that you must have a FL licences to 'practice' in FL. Well, is Barrett actually 'practicing in FL?" Does her work as a Mitigation Expert include using her degree, if I can say it that way? Let me try this another way: Can you be a mitigation expert without a degree that requires you to have a FL license to practice in FL? I guess what I want to know is do mitigation experts have to have a license or can they call themselves mitigation experts just because they do background work? See what I mean. If Barrett is not using anything other than questions, does she have to be licensed in FL? I wonder if this is better asked in the Lawyers thread? I will put the question there too.

 

[RR0004]

And it didn't have to be that way-whether ya want KC to see the needle or the light of day-in the beginning, even with many unanswered questions, this case was much clearer. The state had so much in the way of a timeline and circumstantial evidence, the defense had so many angles they could pursue...it's just all getting foggier and foggier...
Now it's just muck that festers at the surface, when small strides are made every once in a while. There used to be momentum. Now there is just space filled with nonsense.

Which is, no doubt, what the defense wants...and has been actively pursuing.

 

[logicalgirl]

I'm wondering if Barrett was okay to work in Florida as long as she was being privately paid. Now, with JAC rules in place, there could be a problem with the rules the JAC has in place.

I would also imagine that the work she has done will be passed on to Finnell and the hours given for a mitigation specialist will apply to the one Finnell chooses... one in full compliance with the JAC rules.

I think you are right - if she is privately paid.

UH-OH BIG PROBLEM!!! Who on the defense is prepared to pay her privately.

Maybe the reason Finnell is looking around for another mitigation specialist is because Barrett has not been paid and thinks pro bono is a no no......:waitasec:

 

[countzero]

I think you are right - if she is privately paid.

UH-OH BIG PROBLEM!!! Who on the defense is prepared to pay her privately.

Maybe the reason Finnell is looking around for another mitigation specialist is because Barrett has not been paid and thinks pro bono is a no no......:waitasec:

More than likely AF doesn't want anyone associated with Andrea and Barrett was Andrea's girl. AF may also take issue with Barrett's work so far as well.

 

[Just Jayla]

Which is, no doubt, what the defense wants...and has been actively pursuing.

They are very short-sighted then....It is plausible that they could have saved JG and RK theories for the courtroom without having let any of us know this was going to be their angle-All they had to do was put together a cross examination/closing argument that basically developed the same ideas they have thrown out there already, just for a dose of reasonable doubt. Instead, they put their ideas out there early in the game, prompting investigations and interviews that cleared these two. Had they waited for trial, the state would be scrambling to establish that RK and JG (especially JG, as he could have had access to Caylee/car) or even RM are not suspicious.

ETA-Sorry for the O/T, this prolly belongs on the strategy thread...

 

[Sun]

Thanks to Muzikman :rocker:, here is the link to the Sentinel Motion to Intervene Defense Motion to Seal Penalty Phase Discovery

http://www.docstoc.com/docs/6684113...efense-Motion-to-Seal-Penalty-Phase-Discovery

 

[LiveLaughLuv]

Casey Anthony Due In Court For Hearing
Anthony Charged With Murder In Death Of Daughter

POSTED: Monday, December 20, 2010
UPDATED: 6:51 am EST December 20, 2010


ORLANDO, Fla. -- Casey Anthony, who is charged with murder in the death of her daughter, Caylee, is scheduled to appear at a court hearing Monday.

Anthony, 24, remains jailed on first-degree murder charges in the death of Caylee, whose body was found in December 2008. Caylee was 2 years old when she was reported missing in July 2008, about a month after she was last seen alive.

Anthony's defense team Monday will make its case to seal some documents, specifically the list of witnesses the defense plans to use in the death-penalty phase of the case, which would only take place if she's found guilty of murder.

The hearing, which will be streamed live on ClickOrlando.com, is scheduled to begin at 1:30 p.m.

http://www.clickorlando.com/news/26192530/detail.html

So, is this the third bite of the apple???

Baez keeps on keeping on with motions that have already been denied...Why the secrecy, Baez???

Justice for Caylee

 

[Sun]

4/28/2010 Defendant's Motion for Protective Order with Respect to Penalty Phase Discovery
http://www.docstoc.com/docs/35304530/Casey-Anthony-protective-order-to-death-penalty

5/11/2010 Order Denying Motion for Protective Order with Respect to Penalty Phase Discovery
http://www.ninthcircuit.org/news/Hi...pect To Penalty Phase Discovery 5-11-2010.pdf

Judge Perry has already ruled once on a similar motion. Wouldn't Finnell have been wise to have read his order, and attempted to have "specific" witness names/addresses restricted from public disclosure instead of filing a motion so similar to the first one?

 

[Sun]

And, here is the Motion that is to be heard today.

11/23/2010 Defendant's Motion to Seal Penalty Phase Discovery Response
http://www.wesh.com/pdf/25912035/detail.html

And, thanks to Muzikman, here is the link to the
12/15/2010 Sentinel Motion to Intervene Defense Motion to Seal Penalty Phase Discovery
http://www.docstoc.com/docs/6684113...efense-Motion-to-Seal-Penalty-Phase-Discovery

 

[LancelotLink]

All I could think when AF was crying about the media exposure was how many times have we seen ICA's arttorney on TV, national TV discussing the case? How many times have we seen ICA parents on national TV discussing the case? LKB? AL?
And then on the flip side, how many times have we seen JA, LDB, or FG on TV discussing this case? NEVER!
Please HHJP, deny this request!
It floors me that they are trying to use the same arguments to seal these names that MN argued to keep TES names from being released for a fishing trip.

 

[RR0004]

All I could think when AF was crying about the media exposure was how many times have we seen ICA's arttorney on TV, national TV discussing the case? How many times have we seen ICA parents on national TV discussing the case? LKB? AL?
And then on the flip side, how many times have we seen JA, LDB, or FG on TV discussing this case? NEVER!
Please HHJP, deny this request!
It floors me that they are trying to use the same arguments to seal these names that MN argued to keep TES names from being released for a fishing trip.

oops...realize my post may have been misplaced...got caught with the thread closing...here it is...

Well...I'm already getting a feel as to what route they'll take on appeal. They're going to go after the Sunshine Laws when all is said and done. Personally I don' think the media has painted her to look bad. If the discovery does that well, that's no fault of any blogger or media outlet. It is what it is. I mean, I've been able to look at things released and determine whether they have a bearing on the case or not. But, IMO, the most damaging evidence of guilt happened before she was even arrested...no Caylee...done.

 

[Ada]

I guess this is on topic, since it is from the hearing today.

Someone tell Baez (hi JB!) that if he doesn't want the media to film KC's notes, then she should hold the first page up at a 45 degree angle and write on the second page. It's not all that tricky and takes very little coordination. :crazy:

 

[LancelotLink]

oops...realize my post may have been misplaced...got caught with the thread closing...here it is...

Well...I'm already getting a feel as to what route they'll take on appeal. They're going to go after the Sunshine Laws when all is said and done. Personally I don' think the media has painted her to look bad. If the discovery does that well, that's no fault of any blogger or media outlet. It is what it is. I mean, I've been able to look at things released and determine whether they have a bearing on the case or not. But, IMO, the most damaging evidence of guilt happened before she was even arrested...no Caylee...done.

I agree. I also think what got the media involved was CA calling all the national media, going on FOX and giving that hella freaky hinky interview. Anyone watching that felt the hairs on their neck stand up. Of course the media was going to follow a story that bizarre!

 

[LancelotLink]

I guess this is on topic, since it is from the hearing today.

Someone tell Baez (hi JB!) that if he doesn't want the media to film KC's notes, then she should hold the first page up at a 45 degree angle and write on the second page. It's not all that tricky and takes very little coordination. :crazy:

The timing of his outburst, interrupting Fugate's excellent point about the media not responsible for bias, was just so Jose, the new word for sleazy.

 

[A_News_Junkie]

The timing of his outburst, interrupting Fugate's excellent point about the media not responsible for bias, was just so Jose, the new word for sleazy.

Uggggggh, I missed the hearing today. If anyone has links please post - in the meantime I will keep looking...........BUT............

from what I have read here - why would they not want the witness(s?) that could help prevent the needle to be known? I mean, gosh didn't JB say she is innocent? So why not do damage control by letting those influential people help sway us bloggers and posters back to the truth? Unless, someone told a fib and their nose is growing. Seems to me, they would have more to gain and NOTHING to loose, since those horrible bloggers and web sleuthers have already done their poor little innocent client in.

NEWS FLASH JB - KC did HERSELF in!

 

[logicalgirl]

Uggggggh, I missed the hearing today. If anyone has links please post - in the meantime I will keep looking...........BUT............

from what I have read here - why would they not want the witness(s?) that could help prevent the needle to be known? I mean, gosh didn't JB say she is innocent? So why not do damage control by letting those influential people help sway us bloggers and posters back to the truth? Unless, someone told a fib and their nose is growing. Seems to me, they would have more to gain and NOTHING to loose, since those horrible bloggers and web sleuthers have already done their poor little innocent client in.

NEWS FLASH JB - KC did HERSELF in!

Did you check the links in the hearing thread? The thread itself is closed but the links might still work. It was a quick one but really worth watching Baez getting smacked down not once, not twice but three times.:woohoo:

 

[JSV]

Uggggggh, I missed the hearing today. If anyone has links please post - in the meantime I will keep looking...........BUT............

from what I have read here - why would they not want the witness(s?) that could help prevent the needle to be known? I mean, gosh didn't JB say she is innocent? So why not do damage control by letting those influential people help sway us bloggers and posters back to the truth? Unless, someone told a fib and their nose is growing. Seems to me, they would have more to gain and NOTHING to loose, since those horrible bloggers and web sleuthers have already done their poor little innocent client in.

NEWS FLASH JB - KC did HERSELF in!

Here you go
http://www.wftv.com/video/26196888/index.html

 

[LiveLaughLuv]

All I could think when AF was crying about the media exposure was how many times have we seen ICA's arttorney on TV, national TV discussing the case? How many times have we seen ICA parents on national TV discussing the case? LKB? AL?
And then on the flip side, how many times have we seen JA, LDB, or FG on TV discussing this case? NEVER!
Please HHJP, deny this request!
It floors me that they are trying to use the same arguments to seal these names that MN argued to keep TES names from being released for a fishing trip.

ITA...kinda like the pot calling the kettle black, eh...with all their interviews and yet want to blame the state for letting info slip out..I think Baez is in way over his head but is determined to make a name for himself. Doesn't ICA realize she's being used? He goes along with her, she with him and in the end, Caylee's justice is the focus for the State and the State will put on a better case and do what's right for this precious child. ICA had options and murder was not one...JMHO

I just watched the hearing. I must say, ICA looks downtrodden (our wonderful astrologers hit another one right!~) I also noticed her smirk walking out of the courtroom, was it for CA or KathiB? I noticed GA absent again. I guess he doesn't approve of ICA's defense or where they're going and that his marriage will never survive the outrageous contentions of the defense. I'm also guessing he's headed for the proverbial bus, hitting straight on...it's a shame really...ICA needs to be held responsible for her actions. Since her family never did, the state will make sure they do...what a lesson to learn!

Baez has not abandoned his motion for including RK in prior bad acts, His Honor hit on that a bit, he knows JA will object and told Baez so...ICA is readily wanting to go along with that..shame, shame on them all..JMHO

Justice for Caylee

 

[elfie]

The problem is, the defense actually opposed the prosecution's initial effort to seek a gag order which would have relieved the prosecution of their statutory duty to disclose public records per the FL sunshine laws. The FL sunshine laws actually contain a provision permitting judges to make such gag orders.

The situation would be different if the defense had filed a motion for a gag order, including sealing of all investigation/discovery documents, to protect Casey's due process rights including her right to a trial by a fair and impartial jury but the prosecution opposed the gag order and the judge denied it. That might create a reversible issue on appeal because a new trial couldn't fix the problem because "the bell cannot be unrung" as they say.

Baez asserted Casey's First Amendment freedom of speech rights and opposed the gag order because he and the Anthonys were enjoying their new-found notoriety. A gag order also might have prevented Casey and him from selling the photos of Casey and Caylee for a big pile of money, and who knows how much money was made from all those talk show appearances? IMO Casey has effectively waived her due process rights to the extent the potential jury pool was biased by continued releases of information concerning the case.

Katprint
Always only my own opinions

This is really the crux of the matter. Because the defense wanted the ability to keep asserting their position in the media, they basically argued vehemently against the gag order when the SA was requesting it. Normally my inclination would be that the Sunshine Laws are preventing the defendant from receiving a fair trial due to pre-trial publicity, but this could have been taken care of early on (before Caylee was found).

 

[LancelotLink]

ITA...kinda like the pot calling the kettle black, eh...with all their interviews and yet want to blame the state for letting info slip out..I think Baez is in way over his head but is determined to make a name for himself. Doesn't ICA realize she's being used? He goes along with her, she with him and in the end, Caylee's justice is the focus for the State and the State will put on a better case and do what's right for this precious child. ICA had options and murder was not one...JMHO

I just watched the hearing. I must say, ICA looks downtrodden (our wonderful astrologers hit another one right!~) I also noticed her smirk walking out of the courtroom, was it for CA or KathiB? I noticed GA absent again. I guess he doesn't approve of ICA's defense or where they're going and that his marriage will never survive the outrageous contentions of the defense. I'm also guessing he's headed for the proverbial bus, hitting straight on...it's a shame really...ICA needs to be held responsible for her actions. Since her family never did, the state will make sure they do...what a lesson to learn!

Baez has not abandoned his motion for including RK in prior bad acts, His Honor hit on that a bit, he knows JA will object and told Baez so...ICA is readily wanting to go along with that..shame, shame on them all..JMHO

Justice for Caylee

She seemed to be barking out orders to both her defense counsel before she left and I took that smirk as a "I'm so shcrewed " look. I watched it again and I swear it looks as if she was on the verge of tears. Very emotional.