Dominic Casey: Motion to Strike Notice of Deposition & Motion for Protective Order#2

  • #201
I keep saying this, but I guess I'd better say it again lol:

The exception in the Sunshine Laws for material relating to an "ongoing criminal investigation" DOES NOT APPLY if the material is also discoverable under the disclosure/discovery rules in a criminal prosecution. This means that NOTHING relevant is being held back by the state on the ground that they are "still investigating" it. This is why the SA had to get permission from the judge to hold back the jail letters until they completed the investigation regarding those letters--because the rules DID NOT ALLOW them to hold back those letters pending investigation without the judge's specific permission.

Capitals are for emphasis, not shouting. :)

Thanks AZlawyer! That brings up a timely question. I just posted that I thought the fact that DC isn't on the state's witness list, makes him not subject to a deposition by the defense. Once he's put on the witness list, he then become subject to a defense depo. Is that correct?
 
  • #202
Thanks The World According! Throughout this saga, MN has shown he has integrity, and that's important. He cares about Caylee, not her killer.

I'm not an attorney, but I think as long as DC is not put on the state's witness list, he's not subject to deposition by the defense. So, as you stated, as long as the state is investigating matters he divulged they can refrain from putting him on the witness list, which would then make him subject to defense deposition. Perhaps the state will wait until they have to submit a final witness list.

The defense can depose DC without him being placed on the SA's witness list. The SA pointed this out at the hearing regarding DC's deposition, but JB seems to have missed it. :crazy:

Also, as I mentioned on the previous page the SA cannot hold back relevant information from a criminal defendant on the ground that they are still investigating.
 
  • #203
There were pavers everywhere in those woods. She probably follows along with those other phychics as well that were in the same area. It is so easy for them to follow these high profile cases. There were very many tips by phychics, if they flood the case, one of them will come out correct. IMO
Can you point me in the direction about all those pavers in the woods? Did GL know about this prior to Nov.? Had it been reported? TIA

ETA: ooh...a psychic network...I used to love that show.
 
  • #204
quote snipped

Casey would tell Dominic where Caylee's bones were for the very same reason Dominic stated that Baez warned him not to call 911 (or LE?) if he was able to locate Caylee, but instead, for Dominic to call Baez himself.

So that Baez, with hopefully the help of Dominic, could move/destroy the rest of Caylee without her ever being found.
Ya know it's beginning to make more sense to me. Why would CA make it a point to tell Casey that she could talk to DC (jailhouse visit) if she wasn't hoping beyond hope that Casey would reveal were Caylee was?
 
  • #205
Thanks AZ Lawyer. I am not a lawyer, and it is so wonderful to have you here. I was thinking perhaps the state had to look into things before they could decided if any or all of what Dom divulged was true or not in order to decide if it is relevant. If the only hold up is the proper request has not been made, I will ask someone in the local media to put in a specific request for Dominic and Mallory's depo, and in about forty five days we will have them, hopefully!!!!
 
  • #206
There are just some things that make a little more sense than a psychic on the phone.
1. Nov. 15, 16, 17 DC is searching the area where the remains were found
2. Nov. 20th MN withdrawals as the A's attorney stating he will not support KC in any way.
3. During this time KC is writing letters back and forth to the A's through her attorney that are not being reviewed by the jailhouse staff.
4. When the remains are found CA states to LE that SHE sent her people down to that area to search and there was nothing there.
5. DC gives a number of statements which conflict with one another as to how he came to be there and what his plans were should he find the body.
6. DC then clams up and claims privilege but for what? If he was truly sent there by a psychic what is the BIG SECRET. Where is the privilege???

The dung pile keeps getting higher and higher so where is that pony????? jmo
 
  • #207
There are just some things that make a little more sense than a psychic on the phone.
1. Nov. 15, 16, 17 DC is searching the area where the remains were found
2. Nov. 20th MN withdrawals as the A's attorney stating he will not support KC in any way.
3. During this time KC is writing letters back and forth to the A's through her attorney that are not being reviewed by the jailhouse staff.
4. When the remains are found CA states to LE that SHE sent her people down to that area to search and there was nothing there.
5. DC gives a number of statements which conflict with one another as to how he came to be there and what his plans were should he find the body.
6. DC then clams up and claims privilege but for what? If he was truly sent there by a psychic what is the BIG SECRET. Where is the privilege???

The dung pile keeps getting higher and higher so where is that pony????? jmo
So very well put LC.
 
  • #208
There are just some things that make a little more sense than a psychic on the phone.
1. Nov. 15, 16, 17 DC is searching the area where the remains were found
2. Nov. 20th MN withdrawals as the A's attorney stating he will not support KC in any way.
3. During this time KC is writing letters back and forth to the A's through her attorney that are not being reviewed by the jailhouse staff.
4. When the remains are found CA states to LE that SHE sent her people down to that area to search and there was nothing there.
5. DC gives a number of statements which conflict with one another as to how he came to be there and what his plans were should he find the body.
6. DC then clams up and claims privilege but for what? If he was truly sent there by a psychic what is the BIG SECRET. Where is the privilege???

The dung pile keeps getting higher and higher so where is that pony????? jmo

Brilliant!!!
 
  • #209
  • #210
IMO - DC was absolutely told by someone in the know (not the psychic) where to find Caylee's remains.

IIRC - Hoover asked DC if they were going to look for a live or dead Caylee and DC said a dead Caylee. I believe it came across to Hoover as fact.

I wonder how long after DC looked in the woods that George (allegedly) told RC it was an accident that snowballed out of control.


JMO
 
  • #211
IMO - DC was absolutely told by someone in the know (not the psychic) where to find Caylee's remains.

IIRC - Hoover asked DC if they were going to look for a live or dead Caylee and DC said a dead Caylee. I believe it came across to Hoover as fact.

I wonder how long after DC looked in the woods that George (allegedly) told RC it was an accident that snowballed out of control.


JMO

I'm with you. Mom, pop, Dominic, Hoover, Jose ...they knew! Shame on them!:furious:
 
  • #212
quote snipped

Casey would tell Dominic where Caylee's bones were for the very same reason Dominic stated that Baez warned him not to call 911 (or LE?) if he was able to locate Caylee, but instead, for Dominic to call Baez himself.

So that Baez, with hopefully the help of Dominic, could move/destroy the rest of Caylee without her ever being found.

That would be obstruction of justice. I do not believe Jb or Dc would do such a thing. No way. There is nothing to gain, but everything to lose. Makes no sense. IMO
 
  • #213
That would be obstruction of justice. I do not believe Jb or Dc would do such a thing. No way. There is nothing to gain, but everything to lose. Makes no sense. IMO

What "they" got when the body was found was the DP put back on the table. I don't think JB would have physically done it himself, but he might have tried to pay DC to do it.

What "they" would have gained with no body, was no DP, and likely a better shot at a shorter sentence for ICA. Might even have been able to plead "accident". However, a little matter of some duct tape, two garbage bags, one carrier cloth bag and a swamp for a resting place put a stop to that - forever.
 
  • #214
That would be obstruction of justice. I do not believe Jb or Dc would do such a thing. No way. There is nothing to gain, but everything to lose. Makes no sense. IMO
How does one reconcile their perpetuating a "live" Caylee on national tv while searching for a "dead" Caylee? That little bit of knowledge doesn't do them any good either.
 
  • #215
That would be obstr uction of justice. I do not believe Jb or Dc would do such a thing. No way. There is nothing to gain, but everything to lose. Makes no sense. IMO

This may be a question that a lawyer can answer but you bring up a good point. I remember early back in the case, JB making a statement that said something like "It does KC no good to tell LE where Caylee is" I always took that to mean that he knew but was not telling. I wonder if they found Caylee if it would be obstruction of justice to just not tell anyone? I mean, I know they can not legally remove evidence but can they just keep it under wraps? :waitasec:

I don't think DC had anything to gain, but this is the biggest case in history for JB and could make (or break) his career. He has made over 200K thus far, I think he has everything to gain.
 
  • #216
This may be a question that a lawyer can answer but you bring up a good point. I remember early back in the case, JB making a statement that said something like "It does KC no good to tell LE where Caylee is" I always took that to mean that he knew but was not telling. I wonder if they found Caylee if it would be obstruction of justice to just not tell anyone? I mean, I know they can not legally remove evidence but can they just keep it under wraps? :waitasec:

I don't think DC had anything to gain, but this is the biggest case in history for JB and could make (or break) his career. He has made over 200K thus far, I think he has everything to gain.

Gamom, AZLawyer answered this one for us once, but it's late and I'll be darned if I can remember what her answer was. I "think" her answer was it would be a crime to move the body, but not to know where it was.

Hopefully she will see this and give the right answer again.
 
  • #217
That would be obstruction of justice. I do not believe Jb or Dc would do such a thing. No way. There is nothing to gain, but everything to lose. Makes no sense. IMO

In order for them to not want to obstruct justice, they would have to care about getting justice in the first place. When have they ever shown they want true justice in this case?

Baez didn't want that body found. He had a much better chance of being successful with this case before Caylee's skeletal, duct taped, doubly bagged and dumped body was found. He's made mucho bucks and keeps dragging his feet. I doubt he cares one bit about justice unless it lines his pocket with more money. He's hardly done ANY work on Casey's defense, and the work he has done is tear apart innocent people's lives to cast doubt away from his murderous client. Oh, and he won't do what he's supposed to do; instead, he keeps whining that the SA won't do it all for him. He probably wishes everyday that Caylee's body hadn't been found because her body turning up with duct tape on her mouth in a swampy area practically down the street from the Anthony home has destroyed this case for him. If he really cared about justice, he'd act like a real lawyer and actually fight for his client.

And DC? If he was really interested in justice, he wouldn't have signed on with A's for a big payday, that whoops, he never got. He wouldn't have fought so hard to be deposed. He wouldn't have been searching for a dead Caylee for the same family who kept saying she was still alive. He wouldn't have dug up all of of the dirt possible on innocent people and taken pictures of kids NOT Caylee to keep up the Caylee is alive facade. He was obstructing justice in just about every way possible, and he should be concerned about getting into major trouble for all he's done, which is probably why he finally had that investigative interview. If he really cared about justice, he should have said hell no when the A's tried to hire him, or gone straight to the police after all the underhanded things they got him to do, not cry privilege and go into hiding.

IMO, both of these men have already obstructed justice in many, many ways. Doing away with Caylee's remains would have just have been one more thing to add to their already long obstructing justice list. If they were so worried about obstructing justice, they shouldn't have done so with every word and action in this case in the first place. They have proven to be disrespectful, disreputable, dishonest, and disturbingly greedy and egotistical, caring more about dollar signs and fame than a murdered two year old.
 
  • #218
Gamom, AZLawyer answered this one for us once, but it's late and I'll be darned if I can remember what her answer was. I "think" her answer was it would be a crime to move the body, but not to know where it was.

Hopefully she will see this and give the right answer again.

Yes! That's exactly what I said--thanks for filling in for me. :)
 
  • #219
What "they" got when the body was found was the DP put back on the table. I don't think JB would have physically done it himself, but he might have tried to pay DC to do it.

What "they" would have gained with no body, was no DP, and likely a better shot at a shorter sentence for ICA. Might even have been able to plead "accident". However, a little matter of some duct tape, two garbage bags, one carrier cloth bag and a swamp for a resting place put a stop to that - forever.

I agree. I also think that JB saw this case a career maker or a career breaker. This case quickly became a high profile case and JB was looking at this as the case that was going to make him a household name among criminal defense attorneys. He was going to become famous. He needed to "win" this case, and finding Caylee's remains has ended any chance at a win for the defense.
 
  • #220
I agree. I also think that JB saw this case a career maker or a career breaker. This case quickly became a high profile case and JB was looking at this as the case that was going to make him a household name among criminal defense attorneys. He was going to become famous. He needed to "win" this case, and finding Caylee's remains has ended any chance at a win for the defense.

Oh I think he is going to make a name for himself - just not the one he wants.

Seriously - he took the trouble to finally pass the Bar, work through his past mistakes to "correct" them to finally be able to practice, then gets this case which could be a career maker, if he'd actually done some work, or listened to his more seasoned lawyers around him. I was going to say "peers" and thought about the comparison of RHornsby and JBaez, and thought no, that is too rude.

But back to what I was trying to say. I keep thinking, when Baez has that first thought when he wakes up in the morning, or looking at himself shaving in the morning - I keep thinking - is he never going to have the epiphany that says - "man am I ever screwing up here - I'd better straightened out and get this done right or completely mess up my career"?

Apparently not.
 

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