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

[Leila]

Could it be that the information SA was able to get out of DC during their last "investigative" interview with him would be more useful for another matter that will be coming up after the trial? I would think whatever DC has would not affect the trial of Ms. Anthony but has more to do with her parents and one in particular. It may not have been released because of the fact that it is still an ongoing investigation. jmo

Good point! I've been wondering about DC. He disappeared from the picture very abruptly. After it was left to the state to do the investigative interview, nothing more was heard about him. I think it's very possible he's being kept in reserve for another case. I think late next summer or early fall we'll be hearing more.

 

[LiveLaughLuv]

Good point! I've been wondering about DC. He disappeared from the picture very abruptly. After it was left to the state to do the investigative interview, nothing more was heard about him. I think it's very possible he's being kept in reserve for another case. I think late next summer or early fall we'll be hearing more.

BBM...yes, an obstruction case, a tampering case, etc...It may just open up another can of worms and is still in the investigative stages. I believe CA might come under charges for her willful actions of trying to mislead authoriites and cover, once again for ICA..I wonder if she is aware that she can be charged with after the fact knowledge...JMHO

Justice for Caylee

 

[Macushla]

If he was on the State's list, I wonder why we have no indication that the Defense has deposed him? Will they not bother because they already know what he is going to say or are they going to use the State's deposition (if there is one) to destroy his credibility by using things he had told them?

If the State does not call him and he is not on the Defense's witness list, he is just going to fade quietly away, I think.

 

[watergirl]

IF I remember correctly, the State was doing an investigative interview with DC. I don't believe he was even on the States witness list, but I do remember Judge Strickland tell the State to go ahead with the investigative interview... I also remember JB wanting to be at this interview and was told that he needed to put DC on his witness list and it would then be a deposition... IF I remember correctly, JB did NOT want to do that.

I want to say this hearing was in late December 2008/early January 2008? Maybe someone has the hearing video? I don't believe DC was added to the States witness list until March 2009? I have NO IDEA what has happened since then?

Hopefully I am not too wrong about this, but it is the way I remember it?

[ame]http://www.youtube.com/watch?v=ls_dUmQTgNM[/ame]


Patty G has the complete 12/11/09 hearing on her youtube channel. Heres the first substantive part re DC to get you started...

Thanks Patty G!

 

[beach]

If he was on the State's list, I wonder why we have no indication that the Defense has deposed him? Will they not bother because they already know what he is going to say or are they going to use the State's deposition (if there is one) to destroy his credibility by using things he had told them?

If the State does not call him and he is not on the Defense's witness list, he is just going to fade quietly away, I think.

BBM

The only way they could get a copy of the SA's "investigative interview" (aka depo w/o defense counsel present ) is if the SA ordered a transcript. It does not appear that they have. So, unless they depose him themselves, they will be flying blind.

(AZ answered several ?'s about this in the atty. thread for more details)

I agree that if the SA does not call him, he will fade away. Suprisingly, he has managed to stay underground pretty darn well since the SA depo.

 

[shotgun09]

I feel that Dom gave some pretty good info to the state. Whether they use this info during ICA's trial, or save it for 'another time' remains to be seen. This became evident to me, when we saw in CA's letters to Casey, that the 'friendship' she thought she had with Dom wasn't real. The days of hand holding and sneaking away around the corner at The Ritz are over. The secret is out. When we all hear it is the question.

 

[ThinkTank]

Originally Posted by Macushla
If he was on the State's list, I wonder why we have no indication that the Defense has deposed him? Will they not bother because they already know what he is going to say or are they going to use the State's deposition (if there is one) to destroy his credibility by using things he had told them?

If the State does not call him and he is not on the Defense's witness list, he is just going to fade quietly away, I think.

BBM

The only way they could get a copy of the SA's "investigative interview" (aka depo w/o defense counsel present ) is if the SA ordered a transcript. It does not appear that they have. So, unless they depose him themselves, they will be flying blind.

(AZ answered several ?'s about this in the atty. thread for more details)

I agree that if the SA does not call him, he will fade away. Suprisingly, he has managed to stay underground pretty darn well since the SA depo.

The Defense has not filed a Notice of Taking Deposition of Dominic, to date.
And I do not know what "good cause" they could possibly show for taking a depo from Dominic at this late date, well past the deadline for taking depositions.
The Defense also has not added Dominic to the Defense Witness List, by any official filing of a Supplemental or Amended Defense Witness List.
The State added Dominic to the State Witness List on March 23, 2009.

 

[logicalgirl]

Originally Posted by Macushla
If he was on the State's list, I wonder why we have no indication that the Defense has deposed him? Will they not bother because they already know what he is going to say or are they going to use the State's deposition (if there is one) to destroy his credibility by using things he had told them?

If the State does not call him and he is not on the Defense's witness list, he is just going to fade quietly away, I think.



The Defense has not filed a Notice of Taking Deposition of Dominic, to date.
And I do not know what "good cause" they could possibly show for taking a depo from Dominic at this late date, well past the deadline for taking depositions.
The Defense also has not added Dominic to the Defense Witness List, by any official filing of a Supplemental or Amended Defense Witness List.
The State added Dominic to the State Witness List on March 23, 2009.

Wasn't this close to the time HHSS wrote a complaint to the Bar regarding Dominic's instructions from Baez if he found Caylee's remains. It may have been that Baez felt he couldn't risk a deposition with Dominic that may be released to the public, if he was concerned about what he would say.

If left at an investigative "depo" it would not be released within the Sunshine Laws, and give Baez some space until the Bar made a decision about the bruhaha Dominic's statements created. I think he made a decision to just deal with this mess "later".
Kinda like his client.

 

[ThinkTank]

Dominic timeline of events as of Jan 9, 2011

January 7, 2009 - Dominic Casey interviewed by LE and FBI in Brad Conway’s office

February 19, 2009 - Judge Strickland reviewed Dominic Casey’s 80-page January 7 interview with LE and the FBI and ruled that it contained no privileged information, so it was released on February 19 to the public. When the interview was released, media reported that Strickland reviewed a second interview, also taken on Jan. 7, but hadn’t determined whether it should be released.

February 23, 2009 - State filed motion asking for in-camera inspection of statements made by Dominic Casey

March 25, 2009 - Judge Strickland ruled that a portion of Dominic Casey’s January 7, 2009 interview with LE contains communications that qualify as “‘work product,” and so they are privileged. The judge noted that the second statement was 13 pages long and “essentially covers only one subject.” Strickland said the statement would not be admissable at trial and would not be released to the general public.

April 2009 - Dominic filed Bar Complaint that he did not get paid by Baez, and that he was told not to call LE if he found Caylee's remains

March - May 2009 - Judge Strickland filed Bar Complaint about Baez as a result of statements filed by Dominic

August 5, 2009 - Dominic went to New York with Anthonys about book deal
http://www.wftv.com/video/20295440/index.html
VIDEO REPORT: Attorney Won't Deny Book Deal
http://www.wftv.com/video/20296432/index.html

September 2009 - Dominic has several inactive corporations in his name, including Wekiwa Holdings - inactive as of September 25, 2009. He just recently also closed a FOUNDATION – September 25, 2009, Christina’s New Heart Foundation, which he was the only “Officer” of.

Oct 16, 2009 - Atty Tennis had filed a Motion to Strike his depo
http://www.cfnews13.com/uploadedFil...eposition and Motion for Protective Order.pdf

Dec 10, 2009 - Motion dated Oct 16, 2009 not filed until Dec. 10, 2009
- depo was originally scheduled for Nov 12, 2009
- depo rescheduled for Dec. 16, 2009
http://www.docstoc.com/docs/19477476/Notice-of-Cancellation-of-Depo---Dominic-Casey

Dec 11, 2009 - Hearing - anniv Caylee found
http://www.wftv.com/video/21930588/index.html
Judge
(13:15) ..... go ahead and issue the investigative subpoena and go at it that way. If you want to utilize the time that you set aside previously, [Dec. 16, 2009] that's fine with me.

Dec. 14, 2009 - depo cancelled which was scheduled for Dec 16th
12/14/2009 Notice of Cancellation
Cancellation of Deposition prev scheduled for 12/16/09 @1:30pm

December 15, 2009 - Hearing - Judge S said that Dominic must sit for an investigative interview with the State, in which Defense could not be present, unless Defense certified Dominic as a Defense witness, then a regular depo would be scheduled.

January 2010 - Dominic hastily moved out of his rented office space and home has been in foreclosure for a year

Jan 31, 2010 - Cindy letter to Inmate Casey - Cindy no longer trusts P.I. Dominic
http://www.wftv.com/pdf/24039447/detail.html
page 171
"I've sent Mort the info. I hope he follows up on it. He's about the only one I trust.

April 25, 2010 - Cindy letter to Inmate Casey
"I am sorry for when I refered to Dom as my best friend back in 2008."
WFTV - AVOIDANCE letters - page 3
http://www.wftv.com/pdf/24527888/detail.html

May 7, 2010 - Tennis is no longer Dominic's attorney

August 16, 2010 - Dominic and wife foreclosure -
Date Filed: 10/02/2008
SBKY NOTICE OF FILING & SUGGESTION OF BANKRUPTCY DOMINIC A CASEY & MARY R CASEY CASE #6:10-BK-08935-KSJ
mortgage was refinanced by CIT Group and is no longer in foreclosure as long as the payments are made
5 year payment plan was entered into on 7/28/10
Applied for as a chapter 7, approved as chapter 13 bankruptcy.
Monthly payments for $1774.53 (includes house payment and auto and other bills)

Jan 10, 2011 - Dominic has not been deposed by the Defense or added to the Defense Witness List. Dominic was added to the State Witness List March 23, 2009

 

[LolaMoon08]

When I read DC's police interview again, I noticed that he never gave an explanation for why he was slashing through black trash bags? There was no mention of Ginette Lucas supplying the information on the black trash bags... just the three pavers. So, I would like to know what made DC slash through those black trash bags?

DC is one of the people in this case that I despise. I mean I REALLY despise this man. Watching that video of him so carelessly slashing through those black trash bags, putting his bare hands on what might have been evidence really gets my heart pounding. Watching him pick up that pink baby blanket and just letting it drop back down onto the ground? He was admittingly searching through those woods for a deceased two-year-old baby and to know that he didn't immediately call LE when he found that baby blanket makes me SICK. The fact that he went back out there THREE times tells me that he KNEW she was out there. He knew what he was looking for! The fact that he was more than likely stepping on parts of Caylee, because he was so close, kills me. Poking through the ground the way he did? He could have destroyed so much evidence by going out there. I am also not totally convinced that he didn't find Caylee... or parts of her. I don't think he found her skull only because I believe if he had... Caylee would have magically been found without duct tape around her head.

There is no way that he went out there on just the information that Ginette Lucas provided. There is no way that he went out there to check out the "teen hangout" because the "teen hangout" was behind the school, on the other side of the road! He's a liar! My only hope is that he feared that if he didn't tell the WHOLE truth, that he would be charged with accessory after the fact.

I would still despise him if he told the whole truth. He could have put this all to an end in November 2008. Caylee didn't have to sit out in those woods for another month! I always knew there were bad people in this world... I just didn't know so many were in the Orlando area. :furious:

 

[ThinkTank]

When I read DC's police interview again, I noticed that he never gave an explanation for why he was slashing through black trash bags? There was no mention of Ginette Lucas supplying the information on the black trash bags... just the three pavers. So, I would like to know what made DC slash through those black trash bags?

DC is one of the people in this case that I despise. I mean I REALLY despise this man. Watching that video of him so carelessly slashing through those black trash bags, putting his bare hands on what might have been evidence really gets my heart pounding. Watching him pick up that pink baby blanket and just letting it drop back down onto the ground? He was admittingly searching through those woods for a deceased two-year-old baby and to know that he didn't immediately call LE when he found that baby blanket makes me SICK. The fact that he went back out there THREE times tells me that he KNEW she was out there. He knew what he was looking for! The fact that he was more than likely stepping on parts of Caylee, because he was so close, kills me. Poking through the ground the way he did? He could have destroyed so much evidence by going out there. I am also not totally convinced that he didn't find Caylee... or parts of her. I don't think he found her skull only because I believe if he had... Caylee would have magically been found without duct tape around her head.

There is no way that he went out there on just the information that Ginette Lucas provided. There is no way that he went out there to check out the "teen hangout" because the "teen hangout" was behind the school, on the other side of the road! He's a liar! My only hope is that he feared that if he didn't tell the WHOLE truth, that he would be charged with accessory after the fact.

I would still despise him if he told the whole truth. He could have put this all to an end in November 2008. Caylee didn't have to sit out in those woods for another month! I always knew there were bad people in this world... I just didn't know so many were in the Orlando area. :furious:

I agree! and what makes it even worse is that he was most likely doing all of this at the direction of precious Caylee's grandmother!

 

[LancelotLink]

LolaMoon08,
ITA!!
The video makes me want to cry, the way he went about locating the body of little Caylee. Of course he knew. I believe he got his info from the horse's mouth or her dam's mouth. He was so squeamish as he nicked at the bags, as if expecting something to jump out and cause him to wet himself. Sickening. These folks are sickening.

 

[pip]

I am suspicious as to why DC has just fallen off the map in this case. I have a feeling there will be a DC related bombshell eventually in regard to the part of the taped interview that was not released... didn't he agree to talk with LE off tape during that interview?

 

[Just Jayla]

I am suspicious as to why DC has just fallen off the map in this case. I have a feeling there will be a DC related bombshell eventually in regard to the part of the taped interview that was not released... didn't he agree to talk with LE off tape during that interview?

They did go off tape, and we'll never know what was said, but when they came back on tape, the detective/officer (forget who) said that when off tape, they had come to the determination that DC wanted to envoke a privilege of sorts. BC was also in the room.

 

[pip]

They did go off tape, and we'll never know what was said, but when they came back on tape, the detective/officer (forget who) said that when off tape, they had come to the determination that DC wanted to envoke a privilege of sorts. BC was also in the room.

I wonder what that meant. I will have to go back and listen to that again. Did he invoke privilege or get some sort of immunity like Lee I wonder.

 

[faefrost]

I wonder what that meant. I will have to go back and listen to that again. Did he invoke privilege or get some sort of immunity like Lee I wonder.

If I remember correctly it went something like this. DC felt he was protected by privilege. Either some imaginary PI/Client privilege, or as the hireling of JB covered under JB's attorney Client privilege. He was seeking to use that to avoid answering a lot of questions during that interview and in the civil depositions. The civil case judge later shot down his privilege claims, a finding I believe backed up by HHJP. The state was then able to issue an investigative subpoena and interview DC fully. However we have not seen anything from that interview, and unless the state requests a transcript we probably never will until it crops up at trial.

 

[LolaMoon08]

If I remember correctly it went something like this. DC felt he was protected by privilege. Either some imaginary PI/Client privilege, or as the hireling of JB covered under JB's attorney Client privilege. He was seeking to use that to avoid answering a lot of questions during that interview and in the civil depositions. The civil case judge later shot down his privilege claims, a finding I believe backed up by HHJP. The state was then able to issue an investigative subpoena and interview DC fully. However we have not seen anything from that interview, and unless the state requests a transcript we probably never will until it crops up at trial.

Your memory is just fine. That is exactly how it happened.

Now if only the State would request a transcript!! I wouldn't mind if they waited until after the Frye Hearings. Add Mark Hawkins and Mallory to that list too! Since finding out that Mark was wearing a wire, I am really interested in why they held Mallory's deposition back. I'm not getting my hopes up, but maybe they were protecting Mallory from the backlash she might receive from George and Cindy if she was truthful? I have to think thay maybe she didn't give any information at all and they simply won't use her? Who knows? Two months!!

 

[Just Jayla]

If I remember correctly it went something like this. DC felt he was protected by privilege. Either some imaginary PI/Client privilege, or as the hireling of JB covered under JB's attorney Client privilege. He was seeking to use that to avoid answering a lot of questions during that interview and in the civil depositions. The civil case judge later shot down his privilege claims, a finding I believe backed up by HHJP. The state was then able to issue an investigative subpoena and interview DC fully. However we have not seen anything from that interview, and unless the state requests a transcript we probably never will until it crops up at trial.

BBM-I will take your word about his finding, but I thought Judge Rodriguez did not let KeithM proceed with certain questions to Dominic-But I can't remember whether it was only an issue of timing, in essence, HHJR would allow these questions asked of DC after KC's trial, or if he was letting DianeT run with the privilege thing. I think it is the former, HHJR started to ponder how death is different, told the Morgan team something about how they would have to have experience with DP cases to understand his thought process, etc. Yeah, maybe HHJR will allow it, but post criminal trial. You're prolly right.

Anyway, HHJS did the right thing, and that is probably the juiciest, and at the same time most unintelligible, deposition in this entire case.

 

[suepitzl]

Snipped ~
03/23/2011 NOTICE OF TAKING DEPOSITIONS

State taking the depositions of witnesses on March 28, 2011:

- Dominic Casey - NOT on Defense Witness List, but he IS on the State Witness List
END OF SNIP. So does this mean The State will take a depo from DC? I am confused.

 

[logicalgirl]

Snipped ~
03/23/2011 NOTICE OF TAKING DEPOSITIONS

State taking the depositions of witnesses on March 28, 2011:

- Dominic Casey - NOT on Defense Witness List, but he IS on the State Witness List
END OF SNIP. So does this mean The State will take a depo from DC? I am confused.

Yes, it does mean the state will be taking the depo, but AZLawyer says the defense will also be there because this is your basic kitchen sink depo rather than an investigative one, which the Defense was not allowed to attend.

I think there is a horde of us waiting waiting waiting to read a depo from DC at long last. I'm hoping he's a guy who has a lot to say but I did read his emails with the psychics and :crazy: but I'd rather have answers than find out he truly is a woowoo - not to be mistaken for a :woohoo: - , I mean woowoo.....