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

[RainyGirl]

Just a friendly note, many posters have taken their valuable time in this thread to explain the current issue (in detail and in "easy to understand" terms), respond thoroughly to questions, provide valuable links and ensure that the information cited is accurate and thorough to the best of their knowledge. I have noticed we have new members and more "guests" than ever, it seems. To avoid any unneccessary confusion and more repeats of the same information, I would advise any readers who may have questions about "ground already covered" to go back and carefully read back through the thread. I know that (personally), I have learned so much from careful reading of the incredibly detailed and thorough information already provided by the best minds on the web....the Websleuthers! So many times, the information I am seeking is already detailed in a previous post. I have learned so much from the thoughtful, fact-oriented, analytical and highly professional (AZlawyer!) posters. I thank each and every one of you!

JMO.....

 

[LambChop]

I just wonder if and I mean "if" he out and out lied to a federal agent, why he is not being charged for doing so? Perhaps one of the lawyers could answer this.

Okay, I really missed this one. When was DC interviewed by a federal agent and who was the agent?????

 

[Tulessa]

Okay, I really missed this one. When was DC interviewed by a federal agent and who was the agent?????

A link would be nice, just saying.........

 

[Just Jayla]

Well I think what JJ and Lb did 3 months earlier may not have anything to do with what Dc did in November. I am not trying to have it both ways. Obviously the body was there for some time," but how long, is the question". And when I say prolly, you can bet that I am just speculating. We still do not have Rk's time sheets or route logs, we still do not have police records of who in Le searched that area. There are many things left out. And I doubt I actually said that. I think maybe the defense said that. I have no idea because I was not there. I can only go by what others have said. So could you kindly point me to the post where I actually said those words?

Do you think there is any chance that Jh will come up with the rest of the video at some point?

Hola, nts-BBM:

Here's what we do have, to account for RK's time and whereabouts, as well as LE's connection with the remains site (or lack thereof)-

- RK had other workers with him the first day he went to that spot, back in August '08. When LE spoke to these co-workers later, there was no mention that RK had taken them to an area that they were not supposed to be in, or that RK had fudged any time records. RK's boss was on the call with him when they contacted 911. He also did not say that RK was in the wrong place at the wrong time. Any visits RK made back to the site on his own time were done after the first time he was there with coworkers.

-LE never went to the spot where caylee was found, at least not according to any published docs. They did visit another area nearby, but finding Caylee from a such distance in that mini-jungle would be like spotting an ant clear accross the Potomac while standing on my (superior ) side of the river.

In order to comport with what you are writing, we would have to assume that either RK, his boss and his co-workers are covering for him, or they were remiss in mentioning that RK was not even supposed to be there. Time records would be something the defense should ask for, because LE has no reason to assume that all of these people are lying about/misremembering RK's time and route.
We also would have to assume that the police did visit the exact spot where Caylee was and are keeping it to themselves-and that media did not take shots of detectives in that spot, as media did capture pictures of Det. Melich in the other area (I believe it was at the end of Suburban by the school). This comes down to difference of opinion as to whether you believe that these police are corrupt, because surely they would have remembered being there once Caylee's body was discovered and come forward with that knowledge. If RCain was there, the defense might work the angle that it was perhaps him who walked through the area and did not see Caylee, cause Lord knows he didn't see her there in August (didn't even try). But dispatch records may state otherwise, and any visit other than a dispatched call would have been coordinated by the detectives-Again, going back to a cover-up by detectives...just not meshing for me.

I think JH really did record over the footage, just don;t know if it was purposeful or not-He is an oddball, not sure what he did there.

Sorry, mods, went OT, but wanted to put this out there so that we can focus on DC (and others on their own threads).

 

[RR0004]

I wonder if he can still cry privilege after the state gives him immunity. Doesn't Attorney client privilege still apply? I am thinking some may be right, even though we have no evidence of an investigative subpoena, that they did an investigative subpoena and still yielded zero. Can't he plead the fifth? If I were the state, I would consider giving him immunity. Moo

So then you do think he is guilty of "something"?

 

[Just Jayla]

I wonder if he can still cry privilege after the state gives him immunity. Doesn't Attorney client privilege still apply? I am thinking some may be right, even though we have no evidence of an investigative subpoena, that they did an investigative subpoena and still yielded zero. Can't he plead the fifth? If I were the state, I would consider giving him immunity. Moo

If DC is asked a question that required him to invoke his 5th amendment rights, it would be very bad for KC. It would mean he had done something illegal and would be testifying against himself-Since he was contracted by the Anthony's and JB, the jury will assume that he was acting as their agent when he did whatever he would have done that is illegal.
The fact that he tampered with evidence is on videotape, assuming that was Caylee's blanket he picked up. The state could maybe offer him immunity on that charge, if they had reason to believe DC knew it was evidence. But that is small-time-What the state wants to clarify is this: If DC knew it was evidence/Caylee's blanket, he also knew Caylee was there or had been there - Who told him she was there? They don't want DC's butt in a sling, they want a name.
...if he invokes, the jury will imply that he obstructed justice and that someone in this case knew Caylee was there and told him to look there.
Only DC can tell us otherwise, and the Ginny story will not work.

 

[The World According]

If DC is asked a question that required him to invoke his 5th amendment rights, it would be very bad for KC. It would mean he had done something illegal and would be testifying against himself-Since he was contracted by the Anthony's and JB, the jury will assume that he was acting as their agent when he did whatever he would have done that is illegal.
The fact that he tampered with evidence is on videotape, assuming that was Caylee's blanket he picked up. The state could maybe offer him immunity on that charge, if they had reason to believe DC knew it was evidence. But that is small-time-What the state wants to clarify is this: If DC knew it was evidence/Caylee's blanket, he also knew Caylee was there or had been there - Who told him she was there? They don't want DC's butt in a sling, they want a name.
...if he invokes, the jury will imply that he obstructed justice and that someone in this case knew Caylee was there and told him to look there.
Only DC can tell us otherwise, and the Ginny story will not work.

That very last part of the last sentence is funny, because it so true. That Ginny story will not work! Indeed!

Does anyone know the status of his PI license? I recall it was being looked into, that info is posted up thread. Before it is over he and Jose may be looking for new lines of work. Where does one go to look into a PI to see if they are in good standing? What did you make of him asking Lee to intern with him? Was it to extend the responsibility to others, rather like if I am going down...I wont be going alone? Did we ever get the fee arrangement missing page of his letter of engagement with mom and pop? If it literally says he will be paid if as and when the media deals go through, if it is that overt, is that within the rules in his profession?

 

[logicalgirl]

That very last part of the last sentence is funny, because it so true. That Ginny story will not work! Indeed!

Does anyone know the status of his PI license? I recall it was being looked into, that info is posted up thread. Before it is over he and Jose may be looking for new lines of work. Where does one go to look into a PI to see if they are in good standing? What did you make of him asking Lee to intern with him? Was it to extend the responsibility to others, rather like if I am going down...I wont be going alone? Did we ever get the fee arrangement missing page of his letter of engagement with mom and pop? If it literally says he will be paid if as and when the media deals go through, if it is that overt, is that within the rules in his profession?

All good questions TWA - you know his website popped up again at the end of April - yes? I didn't even think to look at what address he is listing, but did notice he is still asking for any information on Caylee' s disappearance.:waitasec:

 

[notthatsmart]

If DC is asked a question that required him to invoke his 5th amendment rights, it would be very bad for KC. It would mean he had done something illegal and would be testifying against himself-Since he was contracted by the Anthony's and JB, the jury will assume that he was acting as their agent when he did whatever he would have done that is illegal.
The fact that he tampered with evidence is on videotape, assuming that was Caylee's blanket he picked up. The state could maybe offer him immunity on that charge, if they had reason to believe DC knew it was evidence. But that is small-time-What the state wants to clarify is this: If DC knew it was evidence/Caylee's blanket, he also knew Caylee was there or had been there - Who told him she was there? They don't want DC's butt in a sling, they want a name.
...if he invokes, the jury will imply that he obstructed justice and that someone in this case knew Caylee was there and told him to look there.
Only DC can tell us otherwise, and the Ginny story will not work.

I have seen no indication whatsoever that the blanket he picked up in that video belonged to Caylee or the Anthony's. I haven't even seen any documents that show the winnie the pooh blanket is theirs. Have you?

 

[RR0004]

I have seen no indication whatsoever that the blanket he picked up in that video belonged to Caylee or the Anthony's. I haven't even seen any documents that show the winnie the pooh blanket is theirs. Have you?

She didn't mention Winnie-the-Pooh. I don't remember seeing a print on the blanket...did the videotape camera zoom in on it?

 

[notthatsmart]

She didn't mention Winnie-the-Pooh. I don't remember seeing a print on the blanket...did the videotape zoom in on it?

It is interesting that J Jordan mentions a blanket in his interview. Also a blanket is found east of the baseline in the docs. Also, a Tv was found east of the baseline. It is possible that the blanket that Dc is holding up in the video is the same blanket mentioned by J Jordan.

J Jordan mentions in his interview that they flagged and then recorded items in their documents and then someone else comes along later and deals with the items. I wonder who that someone is and where their docs are.

I find this to be on topic since Dominic and J jordan both deal with a blanket, but the mods are welcome to remove this post if they feel it is off topic. thanks

 

[Just Jayla]

I have seen no indication whatsoever that the blanket he picked up in that video belonged to Caylee or the Anthony's. I haven't even seen any documents that show the winnie the pooh blanket is theirs. Have you?

No, I have not. I think they will make a match on the Pooh blanket, but that would not be surprising as Caylee's body was found nearby as well.
I regret if my point was not clear-They are not trying to tag DC for touching a blanket, using his phone, possible intimacy with CA, or even videotaping his time at Suburban-The state is trying to get DC to tell them who sent him down there.
I was also addressing your point that DC might consider invoking his right to not be compelled to testify against himself-But the only way he could invoke that right would be if he knew what he was doing was illegal, ie.,he knew the blanket was Caylee's and he was tampering with it. Or, he knew Caylee's body was there and lead LE astray (OOJ). If he invokes his right it would be an acknowledgement that he had broken the law, that he knew he was tampering and obstructing. That is bad for KC because the jury can further infer that word was out in their little group that Caylee was down there, just as LE inferred when they asked him about it 50 times and he played silent with them.

Example-I pick up a peice of trash from the ground and throw it away cause I like a clean entryway. There is cocaine wrapped up in the paper, but I did not see it cause the paper was wadded up around the cocaine. I walk away, but a janitor comes behind me, empties the trash, the coke spills out and he turns me in to police-If I invoke privilege, it means I knew my actions could convict me. However as an innocent, I would argue in court that I was not aware of the hidden drugs and am therefore not able to implicate myself. I am not going to invoke the 5th because I have to admit that I touched that paper, especially since the janitor and the security cameras saw me pick it up. I am going to tell the truth.

Did DC know there was evidence and/or a body there? Or did he randomly go to Suburban and happen to find a blanket that he thought had no connection to Caylee?
Well, we know he did not randomly go there-CA claims she "sent" him down there...DC knows ahead of time about pavers, and DC can be heard on the video saying "it should be right here."

 

[The World According]

No, I have not. I think they will make a match on the Pooh blanket, but that would not be surprising as Caylee's body was found nearby as well.
I regret if my point was not clear-They are not trying to tag DC for touching a blanket, using his phone, possible intimacy with CA, or even videotaping his time at Suburban-The state is trying to get DC to tell them who sent him down there.
I was also addressing your point that DC might consider invoking his right to not be compelled to testify against himself-But the only way he could invoke that right would be if he knew what he was doing was illegal, ie.,he knew the blanket was Caylee's and he was tampering with it. Or, he knew Caylee's body was there and lead LE astray (OOJ). If he invokes his right it would be an acknowledgement that he had broken the law, that he knew he was tampering and obstructing. That is bad for KC because the jury can further infer that word was out in their little group that Caylee was down there, just as LE inferred when they asked him about it 50 times and he played silent with them.

Example-I pick up a peice of trash from the ground and throw it away cause I like a clean entryway. There is cocaine wrapped up in the paper, but I did not see it cause the paper was wadded up around the cocaine. I walk away, but a janitor comes behind me, empties the trash, the coke spills out and he turns me in to police-If I invoke privilege, it means I knew my actions could convict me. However as an innocent, I would argue in court that I was not aware of the hidden drugs and am therefore not able to implicate myself. I am not going to invoke the 5th because I have to admit that I touched that paper, especially since the janitor and the security cameras saw me pick it up. I am going to tell the truth.

Did DC know there was evidence and/or a body there? Or did he randomly go to Suburban and happen to find a blanket that he thought had no connection to Caylee?
Well, we know he did not randomly go there-CA claims she "sent" him down there...DC knows ahead of time about pavers, and DC can be heard on the video saying "it should be right here."

:clap::clap::clap::clap:

 

[Just Jayla]

It is interesting that J Jordan mentions a blanket in his interview. Also a blanket is found east of the baseline in the docs. Also, a Tv was found east of the baseline. It is possible that the blanket that Dc is holding up in the video is the same blanket mentioned by J Jordan.

J Jordan mentions in his interview that they flagged and then recorded items in their documents and then someone else comes along later and deals with the items. I wonder who that someone is and where their docs are.

I find this to be on topic since Dominic and J jordan both deal with a blanket, but the mods are welcome to remove this post if they feel it is off topic. thanks

TM 'splained who the lady is that supervises the search areas, she appearently coordinates all of the info, so I imagine it was her-Her name escapes me, but it is in the interview TM had with LE that was released earlier this year.
Her docs all go back to TM. Apparently, she works his searches all over the country and is a veteran of this type of work, she has probably seen even worse crimes than this and does not have a rep for messing around with the paperwork-Of course, mistakes can be made, paperwork lost, so who knows.

 

[The World According]

It is interesting that J Jordan mentions a blanket in his interview. Also a blanket is found east of the baseline in the docs. Also, a Tv was found east of the baseline. It is possible that the blanket that Dc is holding up in the video is the same blanket mentioned by J Jordan.

J Jordan mentions in his interview that they flagged and then recorded items in their documents and then someone else comes along later and deals with the items. I wonder who that someone is and where their docs are.

I find this to be on topic since Dominic and J jordan both deal with a blanket, but the mods are welcome to remove this post if they feel it is off topic. thanks

BBM
That is easy, the documents are at the same place they have been at for over eight months, where the judge ordered the defense to come to review and flag them, the same way Mrs. Drane Burdick and Brad were able to do with little effort. Despite the defense saying it is literally impossible, if the two I mentioned could do it, then the very experienced Cheney or Andrea could do it. The documents are and have been available to the defense to come review at Mark's office.
I rank this right up there with the defense releasing to the public, the unsworn, heavily edited videos of Roy's ex wives, even though they have no hope of them coming in to trial. In the words of Judge Strickland to Jose, "This is where posturing can get you into trouble!"

 

[Just Jayla]

She didn't mention Winnie-the-Pooh. I don't remember seeing a print on the blanket...did the videotape camera zoom in on it?

Don't think we got a very good look at it-What we can see from the video is that there is a hole in the blanket at a point that is almost exactly where a similarly sized hole is in the blanket LE has in evidence.

From viewing previous posts here, there was a pink blanket collected with the remains (and it is in a doc dump somewhere, showing the hole in the blanket)-This is the blanket I think DC picked up, not the Pooh blanket.

 

[TorisMom003]

Don't think we got a very good look at it-What we can see from the video is that there is a hole in the blanket at a point that is almost exactly where a similarly sized hole is in the blanket LE has in evidence.

From viewing previous posts here, there was a pink blanket collected with the remains (and it is in a doc dump somewhere, showing the hole in the blanket)-This is the blanket I think DC picked up, not the Pooh blanket.

If my memory does not fail me the video did show that the blanket was a pink shade. I wonder why Cindy failed to mention that blanket was missing?

 

[Just Jayla]

I have seen no indication whatsoever that the blanket he picked up in that video belonged to Caylee or the Anthony's. I haven't even seen any documents that show the winnie the pooh blanket is theirs. Have you?

Don't need 'em, we have another 'excited utterance' from CA proclaiming she knew the Pooh blanket was missing.
But for poops and giggles (and admissability), I am sure LE will make the match....right back to the gazillions of pics of Caylee laying on a blanket with the exact same print.
The defense will not have to dispute it as being Caylee's, that would be like disputing that the Big Trouble T-shirt was Caylee's-I mean, they were found with her body. The blanket being there does not prove Casey killed Caylee, so nothing to argue over-unless it was soaked with chloroform or bodily fluids, then it becomes interesting.

 

[AZlawyer]

The Pooh blanket was found with Caylee's remains, which is strong circumstantial evidence that it is the same blanket that was admittedly (according to Cindy) missing from her Pooh-themed bedding set. This is especially true since there are multiple Pooh-themed prints available, but the one found with Caylee's remains happened to have exactly the same print as the one we saw in Caylee's baby pictures.

However, we don't have any real reason to believe (IMO) that the pink blanket that DC poked at and some of the TES searchers might have found is related to the case, do we?

 

[faefrost]

Isn't it normal for the prosecutors to offer some form of immunity for anything learned from a witnesses sworn testimony, such as a deposition or on the stand? And doesn't that immunity then eliminate the ability for a witness, not already facing criminal charges, to "take the 5th" as it were, when testifying in regards to someone else. Am I misunderstanding how that works?