Legal Q&A Thread for R Hornsby

[ZsaZsa]

The problem is your idea of ALL the evidence and my idea of ALL the evidence are two different things.

Please trust me, a lot of the evidence will not come in for a variety of reasons: evidentiary, overly-prejudicial, suppressible, redundant, not admissible, unreliable, repetitive.

And I am glad you asked that, because when the reporters asked me questions, it was always in a vacuum, as if that piece of evidence was the most important piece in the whole case. Take the jailhouse reaction video for example - that video WILL NOT COME INTO EVIDENCE.

Why? Because it is pure speculation as to what exactly her reaction means. State will argue it shows guilt, defense will argue that not only was it illegally obtained (trust me, it was) but that her reaction was as equally consistent with how an innocent mother would act.

Why? Because her daughter's story was the only one that was all over the TV, so it mattered not that no one told her what the report was about, a would know who was likely found the minute the reporter said they found a body of a young child.

But more importantly, they had nothing to compare it to. Take when Padilla said he found the body at the river. Now if they had taken her into the room when that newscast occurred and she did nothing, well you would have something to juxtapose the actual finding of Casey with.

But that would have required a smart detective, which this case lacked.

She was actually watching TV when Padilla was at the river supposedly finding Caylee remains- when she watched that report she just scornfully said 'Huh, they haven't even found her clothes yet' and left the TV area. She knew the body was not there, so she could afford to be flippant.
The jail does not guarantee her privacy, anything she does can be on CC TV.
Unless there was some breach of HIPPA rules, and I don't think she was in a jail sick bay when this happened, I don't understand why that video would be illegal..?

 

[rhornsby]

'Nother question. In the radio call-in show, you said you doubted Judge Strickland would impose the dealth penalty, no matter what the jury decided.

Why?

Blaise

Because I get the feeling that Judge Strickland thinks to much error has occurred in this case. It would be an instant appeal and I think Judge Strickland would be unconcerned with media backlash if he rejected a jury recommendation of death. So why not take a route that lessens the chance of appeal.

I will tell you this, Baez is lucky he has Judge Strickland who is considered one of the most intellectual and fair judges on the bench (he will probably be elevated to an appellate position one day). Most judges would not have been this patient with Baez's antics.

 

[rhornsby]

She was actually watching TV when Padilla was at the river supposedly finding Caylee remains- when she watched that report she just scornfully said 'Huh, they haven't even found her clothes yet' and left the TV area. She knew the body was not there, so she could afford to be flippant.
The jail does not guarantee her privacy, anything she does can be on CC TV.
Unless there was some breach of HIPPA rules, and I don't think she was in a jail sick bay when this happened, I don't understand why that video would be illegal..?

Provide me a citation to the evidence that has that information, I don't recall seeing it that way.

As for why it is illegal, law enforcement cannot stage something with the intent to get a verbal admission from a person represented by an attorney.

If you disagree with me, please research state actors obtaining verbal admissions and cite me a case that supports your belief.

 

[jandkmom]

Have you been in court with any of the State Attorneys handling this case? What is your impression of them in this case and in general?

 

[rhornsby]

Thanks. How much head up time does JB need to give the SA before he can release the discovery himself to the media? I thought it was 15 days or something. It looks to me like the motion was filed one day and JB delivered the tapes in person for the Today show and JVM the next.

I understand the qualified immunity he'd have introducing this information in court, but does something this defamatory being discussed on national news afford him the same pass from civil action?

I realize there are supposed to be "no surprises", but I just don't see the tactical advantage of allowing this so far away from trial in that the whole thing might fall apart like a house of cards. It just seems a tad risky at this juncture.

To my mind, it looks more to me that this is more of a preemptive strike for D Casey's upcoming depo.

The 15 day time period only applies to the state, they have 15 days from the date they obtain evidence to turn it over to the defense.

The defense's obligation only requires they turn over evidence once they decide they will use it in trial.

 

[Olive Oyl]

Casey paid restitution to the bank, you do not do that if you are not guilty! They have her on video at Target and Bank of America using/cashing Amy's checks. What are your thoughts on how the check fraud case is being handled and how would you have handled it?

 

[rhornsby]

Have you been in court with any of the State Attorneys handling this case? What is your impression of them in this case and in general?

See my blog entry from whence I first emerged to defend my name and attack WJS.

I think highly of all the State Attorneys assigned - and Drane Burdick is the only one I have never worked with at all.

 

[cecybeans]

Because I get the feeling that Judge Strickland thinks to much error has occurred in this case. It would be an instant appeal and I think Judge Strickland would be unconcerned with media backlash if he rejected a jury recommendation of death. So why not take a route that lessens the chance of appeal.

I will tell you this, Baez is lucky he has Judge Strickland who is considered one of the most intellectual and fair judges on the bench (he will probably be elevated to an appellate position one day). Most judges would not have been this patient with Baez's antics.

Most attorneys don't have the luxury of clients with prevaricating, combative parents who are eager to publicly call foul on LE, the state, the media and anyone who disagrees with them.

Somebody needs to put a few drops of Visine in JB's coffee and also teach him how to proofread a motion so that he doesn't just insert KC's name and leave the boilerplate "daycare center" defendants from whatever LexisNexis template he is using..

 

[rhornsby]

What a game this is......I am totally disgusted by all these shenanigans....it is who Spins faster and quicker than the next, but nevertheless, does not get down to the issue at hand, How did Caylee die, and Who is responsible?

Great question, but how did Caylee die?

We do not have an answer, what we do have though is a lot of evidence indicating Casey is responsible for Caylee's death.

But again, how did Caylee die?

We don't have that answer - and you need it if you want First Degree Murder.

 

[Blaise]

She was actually watching TV when Padilla was at the river supposedly finding Caylee remains- when she watched that report she just scornfully said 'Huh, they haven't even found her clothes yet' and left the TV area. She knew the body was not there, so she could afford to be flippant.
The jail does not guarantee her privacy, anything she does can be on CC TV.

The 'they haven't even found her clothes yet' wasn't made it the jail, it was (supposedly) made at her house when she was with Tracy.

Blaise

 

[rhornsby]

Casey paid restitution to the bank, you do not do that if you are not guilty! They have her on video at Target and Bank of America using/cashing Amy's checks. What are your thoughts on how the check fraud case is being handled and how would you have handled it?

Payment accomplished nothing and it is not admissible in evidence against Casey of for Casey to show it was paid (at least not until sentencing).

Iam saving an explanation of why the check case is important for a blog post, so this answer will have to wait until I post it this weekend.

 

[JBean]

Great question, but how did Caylee die?

We do not have an answer, what we do have though is a lot of evidence indicating Casey is responsible for Caylee's death.

But again, how did Caylee die?

We don't have that answer - and you need it if you want First Degree Murder.

I am really struggling with the premeditated murder charge because we don't have the cause of death.

What were your thoughts on the murder 1 charge before they even found the body?

 

[whats the punch line]

I'm trying really hard to stay away from the "what if she was your client" questions.

I'm trying to be as generic as I can, and look for a legal aspect you can comment on.

On that note-

What do you think is the hardest thing for both sides to accomplish in order to acheive thier goal?

Thanks for spending this time on the holiday with us.

 

[jandkmom]

Have you had clients that you defended that afterward you wished you hadn't?

What made you want to be a defense attorney?

If you were currently representing KC, what piece of evidence that has been released would you most be concerned about?

 

[rhornsby]

I don't know where quiznos has franchises.

But at one time they had these horrible, ugly hamsters ( not zhu-zhu's) singing this they're toasty song. Quiznos claimed even bad advertising, is advertising. (and it was bad)

I can't see where Baez or any other attorney would think that this press (advertising) is good.

I would think the best approach would be to try and stay away from the lime light.

Is Baez that inexperienced that he hasn't learned that yet?

I'm assuming that you would not put yourself nor your client in the media spotlight.

Can you elaborate on the whole media subject, and what you feel the merits or detraction's to the case are? Does the state or the defense benefit from this?

Please find the email I posted on my blog where I conspire with Baez and offer my legal assistance in representing the wretched baby killer.

It will not only answer your question - it will tell you my exact feelings the month Casey was first arrested.

 

[rhornsby]

Have you had clients that you defended that afterward you wished you hadn't?

What made you want to be a defense attorney?

If you were currently representing KC, what piece of evidence that has been released would you most be concerned about?

1. Yes, I represented a client in a reckless driving case. I am a big believer that a client should testify because there is not greater reasonable doubt than a person looking you in the eyes and saying I did not do it. I found out after I won the trial he lied, I could have won without him testifying if he had not only lied to me, but the jury. Because he lied to the jury, I lied to the jury.
   
2. Please read the article on my father. Can be found on my website about me section.
   
3. Does her big mouth count?
   

 

[cecybeans]

Great question, but how did Caylee die?

We do not have an answer, what we do have though is a lot of evidence indicating Casey is responsible for Caylee's death.

But again, how did Caylee die?

We don't have that answer - and you need it if you want First Degree Murder.

This has been discussed a lot on this forum. I was under the impression it's Murder One in FL if death (for a child under the age of 12) occurs during the commission of a felony such as aggravated child abuse.

Although a case frequently cited Hunt v (not sure but will look up) indicates that duct tape on a deceased person can be automatically assumed COD and has apparently held up well, I am still curious, like JBean, why the state would have gone for Murder One before finding her, unless they felt certain aggravated child abuse would hold up.

Would not reporting an accidental death of a child be similar to hit and run - leaving the scene?

Also, haven't there been successful first degree murder convictions with no body at all?

 

[cyberborg]

She was actually watching TV when Padilla was at the river supposedly finding Caylee remains- when she watched that report she just scornfully said 'Huh, they haven't even found her clothes yet' and left the TV area. She knew the body was not there, so she could afford to be flippant.
The jail does not guarantee her privacy, anything she does can be on CC TV.
Unless there was some breach of HIPPA rules, and I don't think she was in a jail sick bay when this happened, I don't understand why that video would be illegal..?

IIRC you confused two stories into one.

1. The 'clothes' statement was when KC was out on bond with Tracy,

2. The JBP Padilla bones 'find' was seen on TV by KC in jail in the rest area but as soon as it started jail officials moved KC back to her cell, it is reported she was unfazed but while an interesting contrast is/was not a reliable one.

I personally find more interesting CA's reaction on TV as she was interviewed by the media and was completely unfazed and used the opportunity to promote another sighting. CA knew.

So the question for RH is, does the A's actions to defend KC (which typically backfire) help or hurt KC? Is CA secretly ensuring KC's fate?

 

[seekingjustice**]

In your opinion, do you think Casey has been led to believe, by JB, that she will most probably 'walk free' after the trial?

 

[whats the punch line]

Please find the email I posted on my blog where I conspire with Baez and offer my legal assistance in representing the wretched baby killer.

It will not only answer your question - it will tell you my exact feelings the month Casey was first arrested.

Sir may I post the link to your email so others might read it as well?

It does everything you stated in your response.