Legal Q&A Thread for R Hornsby

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  • #381
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 duct tape was not wrapped around Caylee's head nor were her hands tied. The duct tape was layered in shorter strips as if to try and stop leakage, which might well occur after a drowning death. Moreover, placing hearts on the duct tape is anything but a sinister act.

Net, I certainly don't think Caylee died from a premeditated murder where the instrument of death was duct tape that suffocated Caylee while Casey held her down.

Switching subjects: given that you confirmed your brother once worked for L. Lin Wood -- as I believed was likely true -- that confirmed for me that I once met your Father in the very early 70's. I was in Orlando for an event and met him during dinner. I suspect this occurred before you were born.

He was a distingushed looking man who had a truly excellent reputation as a criminal defense attorney in the Orlando area. However, the thing I most remember is his voice. He had a broadcaster's voice that resonated, which could only be an asset inside a courtroom.

I know that he passed on to the better life (sometime in the late 80's as I recall), however, I have no doubt but that he's been proudly watching you and your brother as you follow in his footsteps.

(As I said in an earlier post, it is a small world.)
 
  • #382
I am just confused on how people's opinons are starting to change regarding if she'll be convicted or not, when I feel like there was less evidence against her when she was indicted by a grand jury. When they charged her with Murder 1 there wasn't even a body or solid proof Caylee was dead! Now there is a body with evidence all pointing back to KC, as well as more forensics on the car and testimony that has come out since Oct that makes her look even worse than she did (Tracy's, her friends' about her wanting to commit herself, etc).

P.S. Did we ever get reports back from the FBI on if there were fingerprints on the black plastic bag? It is stuff like this (as well as the Amscot survellance tapes that were made mention of, but never came out yet) that makes me think there is still more coming..
In my heart of hearts, I do believe there is more. I will stick by the science...including the dogs (have we forgotten them?), the flies, the chloroform in the trunk, etc. Add the imaginary nanny and the 31 days of nonreporting and I'm still where I was pre-thread.
 
  • #383
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...
Funny, I had written a post before about "sweetheart deals" when my computer decided to shut down. My dad used to explain that juries always know in the end if the accused is guilty. (Perhaps that was a simplistic explanation to a child who desperately needed to believe in truth, justice, and the American way.) So barring "technicalities" that would bring about an acquittal, the ideal outcome for a criminal defense attorney would be to get the best deal possible for his/her client. I assume this is where egos came into play, is that correct? Do you know if Baez has approached the State since turning down the deal?
 
  • #384
The duct tape was not wrapped around Caylee's head nor were her hands tied. The duct tape was layered in shorter strips as if to try and stop leakage, which might well occur after a drowning death. Moreover, placing hearts on the duct tape is anything but a sinister act.

Net, I certainly don't think Caylee died from a premeditated murder where the instrument of death was duct tape that suffocated Caylee while Casey held her down.

Switching subjects: given that you confirmed your brother once worked for L. Lin Wood -- as I believed was likely true -- that confirmed for me that I once met your Father in the very early 70's. I was in Orlando for an event and met him during dinner. I suspect this occurred before you were born.

He was a distingushed looking man who had a truly excellent reputation as a criminal defense attorney in the Orlando area. However, the thing I most remember is his voice. He had a broadcaster's voice that resonated, which could only be an asset inside a courtroom.

I know that he passed on to the better life (sometime in the late 80's as I recall), however, I have no doubt but that he's been proudly watching you and your brother as you follow in his footsteps.

(As I said in an earlier post, it is a small world.)
I'm not sure where I saw the "wrapped" part in his response.
 
  • #385
  • #386
I'm not sure where I saw the "wrapped" part in his response.

He didn't make reference. I simply called attention to that very important aspect.
 
  • #387
If true, I think it shows her ego clearly. What a foo.
...not only does it show "ego" (if true)...it also shows what little importance we as a society place on the life of a child (however the death occurred).
 
  • #388
Regarding the audience in any website that contains crime forums, my experience is that the vast majority of the posters will almost assuredly have a strong bias toward 'guilty' (pro prosecution bias) in most every high-profile case. Amongst other things, I've long considered this to evidence that the mob mentality (join in the fun) remains alive and well across America.

FWIW

Interesting opinion, however not true in my case. If anything, I tend to root for the underdog even when I am in the minority.
 
  • #389
RH-
I know you get a gazillion questions, but when desiding what to respond to do you go for the profoundly off the mark, the profoundly on the mark, or you are so way off base I need to reel you in comments.
Thanks
 
  • #390
Ahhh, Autumnlover, I'm sorry I didn't see this post earlier when I posted mine about this. I read an article about this and posted it. I completely agree with you. I think we just have not seen it all. And some will say there has had to have been a hearing on this to not release it under the sunshine law. I don't believe that is correct though. There are just some things that doesn't have to be released and is known by all parties involved that it doesn't have to be.

Again, Mr. Hornsby, am I correct in my assumptions? I know, I know, what they say about assuming and all. So, I ask the expert with much respect!

Yes, for example Mr. Hornsby we know the land lines and the cell phones ( the numbers they called ) of the Anthonys were traced and recorded, that is just one part of evidence we haven't seen yet,so one may infer there is more, correct?[ame]http://www.youtube.com/watch?v=y27Ki1e4a1w[/ame] (at the 3:40 mark this WESH video shows the actual authorization for this). It says this was "sealed" , so other evidence may be sealed too?
 
  • #391
Mr. Hornsby,

I have tried to get a response to this question from the other forums you are participating on (you have been a busy boy! LOL!) but seem to keep missing you...

Do you know, or are you aware of any other attorneys (defense or prosecutors) who have spoken out through the media (tv, print, web) with their interpretations of the newly filed motions? I would like to read a variety of opinions...

Thanks!
 
  • #392
Mr. Hornsby, thank you so much for answering our questions. I have a question about the A's. Do you think their media appearances and overall behavior has poisoned their chances of being either a credible prosecution or defense witness? Also, assuming Casey is convicted of felony murder and the trial goes to the penalty phase, do you think the A's negative behavior in the media will impact the jury's decision, i.e. the jury not feeling as compassionate for them as they might for another family?

Thanks again,
autumnlover
 
  • #393
Yes, for example Mr. Hornsby we know the land lines and the cell phones of the Anthonys were tapped and recorded, that is just one part of evidence we haven't seen yet,so one may infer there is more, correct?

Do we know that?

Honestly, I could be wrong, but I think that is an assumption based on anthony speak.

Personally, I have not heard that to be a fact, and I doubt it's true.

Why? Because KC lied and lied and lied, and etc... so they had the suspect.

I (please prove me wrong) don't think they tapped the phones. I will apologize if anyone can show me proof.

I have not seen that. (but I have not seen alot)
 
  • #394
RH- because you stated the As have money and therefore Casey wouldn't be entitled to a PD...why would that matter? Isn't she considered separate from her parents as she is an adult? Or are you saying they are contributing to her defense and/or would be willing to contribute to her defense? We spoke about Casey being indigent early in the case (she hadn't been gainfully employed for quite some time). As far as I can see, the As don't have any visible means of support. So why wouldn't she qualify?

(I only ask because I recently read that Chris Coleman was declared indigent.)
 
  • #395
Do we know that?

Honestly, I could be wrong, but I think that is an assumption based on anthony speak.

Personally, I have not heard that to be a fact, and I doubt it's true.

Why? Because KC lied and lied and lied, and etc... so they had the suspect.

I (please prove me wrong) don't think they tapped the phones. I will apologize if anyone can show me proof.

I have not seen that. (but I have not seen alot)

I will find the thread for you, but yes, we know that for certain, it was in one of the doc dumps the police had authorization to "pen register record and trace George, Cindy and Lee' s phones." Interesting. I thought they likely were, but never knew for certain. This video is from many months go, but I had never seen it. When you get to section 3:40 you will see the authorization form the home land lines and cell phones of George, Cindy and Lee's cells.
YouTube- Casey Anthony Docs Include Text Messages, Reports
__________________http://www.youtube.com/watch?v=y27Ki1e4a1w ( August 7th WESH news) It says the order was "sealed" at the time.They didn't record the conversations, just the numbers and locations but they were monitoring who called in and out of those phones.Title 18 of the United States Code defines a pen register as:

a device or process which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, provided, however, that such information shall not include the contents of any communication, but such term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.[1]

This is the current definition of a Pen Register, as amended by passage of the 2001 USA PATRIOT Act. The original statutory definition of a pen register was created in 1984 as part of the Electronic Communications Privacy Act. That defined a 'Pen Register' as:

A device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is dedicated.

A pen register is similar to a trap and trace device. A trap and trace device would show what numbers had called a specific telephone, i.e. all incoming phone numbers. A pen register rather would show what numbers a phone had called, i.e. all outgoing phone numbers. The two terms are often used in concert, especially in the context of Internet communications. They are often jointly referred to as "Pen Register or Trap and Trace devices," to reflect the fact that the same program will probably do both functions in the modern era, and the distinction is not that important. The term 'pen register' is often used to describe both pen registers and trap and trace devices.
[edit] Background

In Katz v. United States (1967), the United States Supreme Court established its "reasonable expectation of privacy" test. It overturned Olmstead v. United States and held that wiretaps were unconstitutional searches, because there was a reasonable expectation that the communication would be private. The government was then required to get a warrant to execute a wiretap.

Ten years later the Supreme Court held that a pen register is not a search because the "petitioner voluntarily conveyed numerical information to the telephone company." Smith v. Maryland, 442 U.S. 735, 744 (1979). Since the defendant had disclosed the dialed numbers to the telephone company so they could connect his call, he did not have a reasonable expectation of privacy in the numbers he dialed. The court did not distinguish between disclosing the numbers to a human operator or just the automatic equipment used by the telephone company.

The Smith decision left pen registers completely outside constitutional protection. If there was to be any privacy protection, it would have to be enacted by Congress as statutory privacy law.
 
  • #396
RH- because you stated the As have money and therefore Casey wouldn't be entitled to a PD...why would that matter? Isn't she considered separate from her parents as she is an adult? Or are you saying they are contributing to her defense and/or would be willing to contribute to her defense? We spoke about Casey being indigent early in the case (she hadn't been gainfully employed for quite some time). As far as I can see, the As don't have any visible means of support. So why wouldn't she qualify?

(I only ask because I recently read that Chris Coleman was declared indigent.)

I agree with this, she is over 21, and based on your reference to Brian tannebaum, he recommends asking your parents for money, rather than a public defender. (my assumption, based on the read)

[ame="http://www.scribd.com/doc/6123526/The-Truth-About-Hiring-a-Criminal-Defense-Lawyer"]The Truth About Hiring a Criminal Defense Lawyer@@AMEPARAM@@/docinfo/6123526?access_key=key-1q827f6ihqs1duqj9cj2@@AMEPARAM@@6123526@@AMEPARAM@@key-1q827f6ihqs1duqj9cj2[/ame]
 
  • #397
Late to the show ...

Just finished reading your e-mail to JB early on Mr Nostradamus.

I am convinced that KC did something criminal before, during, or after the death of Caylee as did family members. Too much evidence not yet available to make an informed opinion as to what exactly the crime was.
As a part time psychiatrist and astronaut (gynecologist too on Fridays) I have determined that KC has a mental disorder that is shared with her family members. Hers more pronounced and compounded by learned behavior. Guess there is no way for JB to force a plea unless its offered and she agrees.
Thanks for your time. Great to hear the defense potential from a defensive PRO.
 
  • #398
Interesting opinion, however not true in my case. If anything, I tend to root for the underdog even when I am in the minority.

Not true in my case either. I thought SP and Melanie Mcquire were both innocent but the prosecution slowly convinced me of their quilt. I also thought the Ramseys were innocent while many thought otherwise. Call me naive. It's difficult to believe someone could murder a loved one in cold blood. But in KC's case, I have no doubt of her guilt because I've read and heard the evidence for myself. I tend to think juries are usually mixed between people who see conspiracies and guilt easily and people who are more naive and want to believe that a mother could not intentionally kill her own child. It's fascinating to me to see the lawyers bring everyone together to reach one conclusion.

I've thought Wendy M was full of it for a long time. I was especially frustrated with her and NG when they continued to lie about the Duke players until the very end.
 
  • #399
I do not know how I posted what I posted, so if I broke rules I did NOT do it on purpose

(Punch can be mentally challenged at times)

Please remove if I took up unnecessary bandwidth
 
  • #400
Hi Mr. Hornsby,
I don't post here a lot, but I was wondering if you could provide some thoughts on how the defense and prosecution will handle the Anthony's in court. There has been chatter about them (GA and CA specifically) being treated as hostile witnesses, how does that work? Or would the prosecution be better to treat them as grieving grandparents? What kind of role do you think they will play at the trial (large/small/not important)?
Thanks for your time.
 
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