Legal Q&A Thread for R Hornsby

[Wudge]

I understand that you cannot document that in any way and we do take it in the spirit it is being given. But I am wondering how accurate you think that is?

To me, an offer of eight years would seem plausible. Don't forget, this was originally a death penalty case even though prosecutors were without a body and had little in the way of evidence beyond Casey's behavior and alleged lies.

Most prosecutors would not normally find such evidence to instill confidence in their ability to prove a murder one charge. Moreover, the SAs eventually chose to drop the death penalty -- only to put it back on the table after Caylee's body was finally discovered.

 

[whats the punch line]

WOW! Eight years! That just blows me away!
Mr. Hornsby, do you think Caylee will ever get the justice SHE deserves?

I'm not RH, but the 8 years would have been the easy way out.

My thought on this answer is, go to trial get more. RH said he would have whole heartedly recommend the plea.

She didn't take it, there for they are going to gamble at trial to get less. RH's reply tells me a plea would have been her best option ( as always MHO, and RH can correct me if I am wrong)

 

[kew17]

I heard she was offered 8 years for everything before they found the body; I would have applied my recommendation that she jump all over that...

Well, I'll be...I must retract an earlier stmt I made in another thread...there is something in this case that has truly "surprised" me! What was she/Baez think'n? If I'm not mistaken, wouldn't she get out even earlier than the 8 for good behavior or something like that? I've been under the impression that usually a person never really serves out their entire sentence.

I find this just mind blowing!

 

[kew17]

Mr. Hornsby,

I can just about guess when this possible plea was presented, and during that time we saw alot of activity from the court and pros to secure that the defendant had "effective counsel". I remember a lot of discussion that some of their moves were to insure that she was being properly represented and to cover themselves from an appeal based on the same.

What are your thoughts on this? Or am I far off base?

 

[LambChop]

Wasn't this a "limited immunity" offer by SA? So when they found the body with the duct tape would the offer have been withdrawn due to them ruling it out as an accident? KC knew there was duct tape so she may have realized there was no way they would keep the deal on the table. Not sure how the "limited immunity" would have worked in this case??

 

[leah]

Well, I'll be...I must retract an earlier stmt I made in another thread...there is something in this case that has truly "surprised" me! What was she/Baez think'n? If I'm not mistaken, wouldn't she get out even earlier than the 8 for good behavior or something like that? I've been under the impression that usually a person never really serves out their entire sentence.

I find this just mind blowing!

What were they thinking, that was quite a good deal, I'm stunned that they didn't take that deal. And I'm under the impression it would have been a shorter sentence, though would like to know for sure.

 

[Marigold]

Mr. Hornsby, I posted this a few nights ago, but I think it was overlooked, so I hope you don't mind me asking again:

While reading your posts, I remembered that an attorney friend of mine once said he could work either side of the aisle equally because both sides in a courtroom deserve equal justice. Hypothetically speaking, would want to be on the other side of the aisle in this case? If you were prosecuting Casey, what would you hammer home to convict her and what would you think would be the weakest points in the case to overcome?

Thanks in advance for your reply

 

[citygirl]

I heard she was offered 8 years for everything before they found the body; I would have applied my recommendation that she jump all over that...

EIGHT YEARS ????? Are you kidding me? I find that hard to believe. Not that I don't believe you. Mr Baez is a fool if this is true. Even if KC had the final answer he should have had enough whatever to talk her into it. OMG. This just blows me away.

 

[rhornsby]

Mr. Hornsby, I posted this a few nights ago, but I think it was overlooked, so I hope you don't mind me asking again:

While reading your posts, I remembered that an attorney friend of mine once said he could work either side of the aisle equally because both sides in a courtroom deserve equal justice. Hypothetically speaking, would want to be on the other side of the aisle in this case? If you were prosecuting Casey, what would you hammer home to convict her and what would you think would be the weakest points in the case to overcome?

Thanks in advance for your reply

1. I would hammer on the 31 days without reporting your daughter missing and then, once confronted, I would hammer on the fact she not just lied, but lied until her lies literally reached a dead end (Universal). Let me be clear, there is no doubt in my mind that she knows how her daughter passed.
2. I am sure the State wishes anyone in the world but Roy Kronk found the body (except maybe Joy Wray).

 

[citygirl]

1. I would hammer on the 31 days without reporting your daughter missing and then, once confronted, I would hammer on the fact she not just lied, but lied until her lies literally reached a dead end (Universal). Let me be clear, there is no doubt in my mind that she knows how her daughter passed.
2. I am sure the State wishes anyone in the world but Roy Kronk found the body (except maybe Joy Wray).

Agreed on 1 and 2. These high profile cases bring out all the nutbags. Included in that are some unsavory people that go on searches for Tim Miller. Throw in reward money ...and....well, 'nuff said.

 

[nobull]

I haven't seen anything that says Casey ever took CPR, but otherwise I agree. If the state can show it was there pre-mortem you have evidence of Agg Child Abuse.

I awkwardly worded my original statement. I should have said that it is common knowledge, due to millions of people taking CPR classes, that respiratory distress is the number one cause of death in children. One wouldn't have to have taken CPR to know this information. But it is a matter of common sense to know that restricting a child's airway (or anyone's for that matter) could cause death, even if the perp did not previously take CPR.

 

[mydailyopinions]

EIGHT YEARS ????? Are you kidding me? I find that hard to believe. Not that I don't believe you. Mr Baez is a fool if this is true. Even if KC had the final answer he should have had enough whatever to talk her into it. OMG. This just blows me away.

The more I think about this, the more I think that Baez is in this for the publicity, else, certainly as lawyer, he would have known this was the best thing to do for his client..
This would be a reason for appeal would it not?

 

[rhornsby]

I awkwardly worded my original statement. I should have said that it is common knowledge, due to millions of people taking CPR classes, that respiratory distress is the number one cause of death in children. One wouldn't have to have taken CPR to know this information. But it is a matter of common sense to know that restricting a child's airway (or anyone's for that matter) could cause death, even if the perp did not previously take CPR.

On one hand I agree with you; anyone would know that putting duct tape around a child's mouth could cause death.

But on the other hand, I was unaware that respiratory distress is the number one cause of death in children (I assume in developing countries).

But I get your point:angel:

 

[msinformed]

Well, I'll be...I must retract an earlier stmt I made in another thread...there is something in this case that has truly "surprised" me! What was she/Baez think'n? If I'm not mistaken, wouldn't she get out even earlier than the 8 for good behavior or something like that? I've been under the impression that usually a person never really serves out their entire sentence.

I find this just mind blowing!

I believe serving 85% of the sentence imposed is mandatory..........

 

[jandkmom]

Would KC have a contract between herself and JB and herself and AL or does JB have a contract with AL? How does that work? How about the forensic people?

 

[ecs5298]

On one hand I agree with you; anyone would know that putting duct tape around a child's mouth could cause death.

But on the other hand, I was unaware that respiratory distress is the number one cause of death in children (I assume in developing countries).

But I get your point:angel:

The it's been my experience that the number one cause of cardiac arrest in children is respiratory arrest from whatever the cause.

http://www.merck.com/mmpe/sec06/ch064/ch064d.html

<snipped from article>

In children, cardiac causes of sudden cardiac arrest are much less common (< 15 to 20%). Instead, predominant causes include trauma, poisoning, and various respiratory disorders (eg, airway obstruction, smoke inhalation, drowning, infection, sudden infant death syndrome).

 

[JWG]

I heard she was offered 8 years for everything before they found the body; I would have applied my recommendation that she jump all over that...

My original "theory" was that the child had died of an accident, or perhaps was "allowed" to die of an accident. Namely drowning in the pool. Perhaps 8 years would have been fair for such negligence.

Since then the child's remains have been found with duct tape around what would have been her face. I can think of one or two credible explanations for duct tape being placed post-mortem. Nevertheless, what would you as an attorney recommend now in terms of a plea deal? Would it still be 8 years? Or 15? Or more? Or less?

 

[RR0004]

Winning over people with mindsets like yours (nothing personal).

On the other hand, I think LKB will not go over big in Orlando. Come to think of it, I think she would be abrasive anywhere (and I'm a native NYer!).

 

[JWG]

Not being an entirely original thinker :idea:, it is likely I have missed this question already.

Team Baez recently filed motions kinda-sorta pointing fingers at Roy Kronk. Given that KC spent so much time up front with law enforcement pointing a direct and undeniable finger at a Zenaida Fernandez-Gonzales, how would you as an attorney bridge the two theories at trial? I assume you first attempt to completely prohibit any mention of ZFG at the criminal trial, but that seems a rather tall order. Or is it? :waitasec:

 

[RR0004]

My original "theory" was that the child had died of an accident, or perhaps was "allowed" to die of an accident. Namely drowning in the pool. Perhaps 8 years would have been fair for such negligence.

Since then the child's remains have been found with duct tape around what would have been her face. I can think of one or two credible explanations for duct tape being placed post-mortem. Nevertheless, what would you as an attorney recommend now in terms of a plea deal? Would it still be 8 years? Or 15? Or more? Or less?

Can we add on years for bagging her, transferring her in the trunk of a car, and dumping her in a trash strewn swamp?