Legal Q&A Thread for R Hornsby

[jandkmom]

If asked would you represent any of KC's friends?

Have you ever lost a case initially and won on appeal?

 

[RR0004]

RH...when do you believe this trial will really happen?

 

[RR0004]

Gonna be out on a limb here, but here goes....

the ony evidence we have not seen is:

1. Autopsy photo's videos, etc

2. The video of reaction on 12/11 (sealed)

3. how KC is paying for the defense (in camera- sealed)

All else if fair game (sunshine laws) nothing else is sealed???

Based on what we have before us, and sunshine laws, motions, we really are left with hoping they can build the case on negelct (IMHO)

Defense is gonna refute the coffin flies, and how they established that was indeed what they were.

Defense is gonna refute the body farm reports as they have never been admitted to a court as evidence before.

personal opinion of someone that thinks they see a body outline in a photo can be argued as opinion and speculation

The defense in my opinion have the best shot at some one else did it.

Do I like looking at this? no

Maybe RH can shoot down my opinion.

So you don't believe there are any other test reports pending?

 

[mydailyopinions]

RH
Can you help me to understand why the change of venue to southern Florida and not Northern Florida?
I am understanding that most think it is due to the higher Hispanic population, which I still don't understand considering that Zenaida is Hispanic and is being accused of kidnapping Caylee..
In all honesty, why would southern Florida be their ideal location? (lol other than Casey thinking that she will walk...straight to the beach..)

 

[rhornsby]

Rhornsby, two questions:

1) Care to comment on TwizzlerGate?

http://www.wesh.com/news/18861435/detail.html

Hoover also quotes Dominic Casey describing a scene in jail where Casey Anthony started eating one end of a licorice string with her attorney Jose Baez eating from the other end that was passed through a glass partition. Hoover says Dominic Casey claims it looked "like they were kissing through the glass or something." it reminded him of the spaghetti scene in "Lady and the Tramp."

Orange County Jail spokesman Allen Moore, however, said attorney-client meetings are not held in rooms with a glass partition, so "the physical plant makes the account of such activity a virtual impossibility."

James Hoover's LE interview:
http://www.wesh.com/download/2009/0305/18862217.pdf

2) Whose statements do you think have been more damaging to Casey's case - Casey's or Cindy's? (IMO, Cindy's.)


Thank you for participating in WS. I appreciate you sharing your perspective and legal knowledge/experience.

1. Well, I can tell you this. They do have meeting rooms where there are glass partitions separating the inmate from the visitor - and I have used them before. With that said, they are rarely used and I think Hoover was full of it.
   
2. Casey's of course.

 

[whats the punch line]

So you don't believe there are any other test reports pending?

I didn't say that. I said based on what we have before us. And I do believe there are time limits to the release so the defense can build a case.

I'm saying based on what we have before us, I think the case is going to be built on the negelct charges.

I could be wrong, and I have no issue with someone saying later "ha, told you so".

I want her l w/op or dp as much as you do. BUT-- I think it is a tough row to hoe.

 

[RR0004]

I didn't say that. I said based on what we have before us. And I do believe there are time limits to the release so the defense can build a case.

I'm saying based on what we have before us, I think the case is going to be built on the negelct charges.

I could be wrong, and I have no issue with someone saying later "ha, told you so".

I want her l w/op or dp as much as you do. BUT-- I think it is a tough row to hoe.

No...I really want to know...do you (or anyone for that matter) think there are tests still pending? Sorry if I wasn't clear.

 

[rhornsby]

RH
Can you help me to understand why the change of venue to southern Florida and not Northern Florida?
I am understanding that most think it is due to the higher Hispanic population, which I still don't understand considering that Zenaida is Hispanic and is being accused of kidnapping Caylee..
In all honesty, why would southern Florida be their ideal location? (lol other than Casey thinking that she will walk...straight to the beach..)

A North Florida jury pool would be more akin to an Alabama or Mississippi mindset. A South Florida jury would be more likely to field an O.J.esque mindset.

Make no mistake about it, South Florida is their best chance at walking Casey. If a North Florida venue is chosen, she is cooked.

 

[jandkmom]

1. No, but several colleagues of mine have spoken very highly of her.
2. Yes, a unanimous jury and majority of the jurors are very different things. Also, a loss is a loss to me - so while I greatly respect what she did by saving her clients life, it does not impress me.

Follow up Doesn't impress me either.

I know that you said you did not like that tape released of her speech, but is that normal for a convention?

I honestly don't know how a defense lawyer maintains right/wrong and defends some clients. Nothing against your profession, I would just find that hard to do. In your opinion what is the toughest thing about being a defense attorney?

 

[mydailyopinions]

A North Florida jury pool would be more akin to an Alabama or Mississippi mindset. A South Florida jury would be more likely to field an O.J.esque mindset.

Make no mistake about it, South Florida is their best chance at walking Casey. If a North Florida venue is chosen, she is cooked.

Thank you!
Now, can you explain to me how this works..
If the change of venue is granted, who decides where the case goes to trial? Would the City of choice be contacted and asked for permission to hold the trial there, would they be under obligation to hold the trial there, or can they turn it down?
I guess what I am asking is, can the defense be turned down to hold the trial in a city they prefer, and forced to go further north?

 

[jandkmom]

A North Florida jury pool would be more akin to an Alabama or Mississippi mindset. A South Florida jury would be more likely to field an O.J.esque mindset.

Make no mistake about it, South Florida is their best chance at walking Casey. If a North Florida venue is chosen, she is cooked.

I hope that you mean that by people from North Florida, Alabama, and Mississippi being more conservative. Don't be slighting us now

 

[rhornsby]

If asked would you represent any of KC's friends?

Have you ever lost a case initially and won on appeal?

1. If it was worthwhile from a dollars and cents standpoint.
2. Yes, See Servis v. State, 855 So. 2d 1190 (Fla. 5th DCA 2003).

 

[whats the punch line]

No...I really want to know...do you (or anyone for that matter) think there are tests still pending? Sorry if I wasn't clear.

I'm not an attorney, I just deal with events, and data you can pull from a data base.

Putting what we have in a flow chart or excel spread sheet is all I know how to do.

Based on a pivot table, I can tell you what I think. Based on law and statutes, that all RH's job.

I think ( and I could be wrong) we have what we have..qualifier "THUS FAR".

I still think she did something. Some of the data does not add up. I KNOW I do not have everything, and the data is skewed based on that.

I am not an attorney....Just look at numbers and events, then try to tie the numbers and events to what we have seen as case law examples.

 

[rhornsby]

Thank you!
Now, can you explain to me how this works..
If the change of venue is granted, who decides where the case goes to trial? Would the City of choice be contacted and asked for permission to hold the trial there, would they be under obligation to hold the trial there, or can they turn it down?
I guess what I am asking is, can the defense be turned down to hold the trial in a city they prefer, and forced to go further north?

1. The judge decides where venue will be transferred.
2. No.
3. Yes, but the original jurisdiction pays the costs of the trial.
4. No.
5. No.

Also, as I previously mentioned. I think a jury panel will be chosen in one place, but the trial will be held in Orlando with the jury being sequestered. Please see my previous post on that.

 

[rhornsby]

Follow up Doesn't impress me either.

I know that you said you did not like that tape released of her speech, but is that normal for a convention?

I honestly don't know how a defense lawyer maintains right/wrong and defends some clients. Nothing against your profession, I would just find that hard to do. In your opinion what is the toughest thing about being a defense attorney?

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

 

[Tracey276]

I had never heard of Ms. Murphy before I read your post, but after reading her article it is clear she is uninformed.

There will be no secret evidence produced by the State that will magically appear at trial of which we have never heard.

The only evidence that is being withheld are the autopsy photos, which is authorized by statute as an exception to the Sunshine Laws (was enacted because of the Dale Earnhardt death). See Section 406.135, Florida Statutes, "Autopsies; confidentiality of photographs and video and audio recordings; exemption."

As for her "legal interpretation" of when evidence will be withheld; not only is it dead wrong, but it only applies if the victim is alive or if a suspect is still on the loose.

In sum, her commentary was illogical, sensational, and wrong - all it did was feed the conspiracy theorists hunger for more conspiracy.

Post-Script
I may get together with my brother and execute a blog entry about her... Hope she reads this.

Thank you so much for this. I think this may be the first time (yes, I am slow I guess) where I truly "get it". These blogs and websites we get much of our information from, are taken at face value and believed as fact. I had quoted that article a few times when people had been hoping there was something out there that is not being shown because of this article leading one to believe it could be true.

I will add that, although I have always said I am going to truly open my mind when the the trial begins and try to just decide the verdict for myself, based only what I hear from within the trial, I do know the opinion I have now, is based on a lot of others opinions, blogs, websites, etc., that I had thought were written as fact being many were from "professionals".
So thank you again for setting the record straight on this for me.

 

[rhornsby]

So basically, I got it right, huh?

Yes, I think I lost my train of thought.:waitasec:

 

[mydailyopinions]

New Motions filed by the defense this week:
[ame="http://www.websleuths.com/forums/showpost.php?p=4497062&postcount=2"]http://www.websleuths.com/forums/showpost.php?p=4497062&postcount=2[/ame]

Thank you Angelwhocares!
Events & Orders of the Court
11/25/2009---Motion---to Declare Florida Statute Section 921.141 Unconstitutional Under Ring vs. Arizona

11/25/2009---Memorandum of Law---in Support of Defendant's Motion to Declare Florida Statute 921.141 Unconstitutional Under Ring vs. Arizona

11/25/2009---Motion---to Declare Fla. Stat. 921.141(5)(h) and/or the Standard (5)(h) Jury Instruction Unconstitutional Facially and as Applied

11/25/2009---Memorandum---Supporting Motion to Declare Fla. Stat. 921.141(5)(h) and/or the Standard (5)(h) Jury instruction Unconstitutional Facially and as Applied

11/25/2009---Motion---to Declare Section 921.141(5)(d) Florida Statute and/or the Section 921.141(5)(d) Standard Instruction Unconstitutional Facially and as Applied and to Preclude their Application at Bar

11/25/2009---Memorandum---of Law in Support of Defendant's Motion to Declare Section 921.141(5)(d) Florida Statute and/or the Section 921.141(5)(d) Standard Instruction Unconstitutional Facially and as Applied and to Preclude their Application at Bar

11/25/2009---Motion---to Declare Florida Statutes 921.141(5)(I) Unconstitutional and to Preclude its Use in the Present Case

11/25/2009---Memorandum---of Law in Support of Motion to Declare Florida Statutes 921.141(5)(I) Unconstitutional and to Preclude its Use in the Present Case

11/25/2009---Motion---to Declare Florida Statute 921.141(5)(L) Unconstitutional Facially and as Applied, and to Preclude its Use in the Case at Bar

11/25/2009---Memorandum---of Law in Support of Defendant's Motion to Declare Florida Statute 921.141(5)(L) Unconstitutional Facially and as Applied, and to Preclude its Use in the Case at Bar

11/25/2009---Motion---(Defendant's) for a Statement of Particulars Providing Notice of Aggravating Circumstances

11/25/2009---Memorandum---of Law in Support of Defendant's Motion for a Statement of Particulars Providing Notice of Aggravating Circumstances

11/25/2009---Other---Table of Exhibits in Support of Defendant's Motion for a Statement of Particulars Providing Notice of Aggravating Factors

11/25/2009---Memorandum---of Law in Support of Defendant's Objection to the Standard Jury Instruction on Reasonable Doubt

11/25/2009---Objection---Written Objection to the Standard Jury Instruction on Reasonable

11/25/2009---Other---Table of Exhibits for Defendant's Written Objection to the Standard Jury Instruction on Reasonable Doubt

11/25/2009---Motion---to Declare 921.141(5)(M) Unconstitutional Facially and as Applied (Victim Vulnerable Due to Age, Disability, or Familial or Custodial Authority)

11/25/2009---Memorandum
---of Law in Support of Motion to Declare 921.141(5)(M) Unconstitutional Facially and as Applied (Victim Vulnerable Due to Age, Disability, or Familial or Custodial Authority)

11/25/2009---Motion---to Declare 921.141 Florida Statutes Unconstitutional Because it Improperly Shifts Burdens of Proof to the Defendant, Thereby Creating a Presumption of Death

11/25/2009---Motion---to Prohibit any Reference to the Jury's Role at the Penalty Phase Being 'Advisory' or to the Jury's Penalty Verdict as Being a 'Recommendation'

11/25/2009---Memorandum---of Law in Support of Defendant's Motion to Prohibit any Reference to the Jury's Role at the Penalty Phase as Being 'Advisory' or to the Jury's Penalty Verdict as Being a 'Recommendation'

11/25/2009---Exhibit(s)---in Support of Motion to Prohibit any Reference to the Jury's Role at the Penalty Phase Being 'Advisory' or to the Jury's Penalty Verdict as Being a 'Recommendation'

11/25/2009---Motion---to Declare Florida Statute 921.141 Unconstitutional Due to its Failure to Narrow the Scope of the Death Penalty

11/25/2009---Memorandum---of Law in Support of Motion to Declare Florida Statute 921.141 Unconstitutional Due to its Failure to Narrow the Scope of the Death Penalty

11/25/2009---Motion---for Jury Instructions Correctly Defining "Premeditation"

11/25/2009---Memorandum---Accompanying Motion for Jury Instructions Correctly Defining "Premeditation"

12/11/2009---Hearing---(9:30 AM)---for Protective Order Motion to Strike Notice of Deposition and Motion

01/21/2010---Hearing---(10:00 AM)---Status/Pre-Trial
__________________

 

[rhornsby]

Thank you so much for this. I think this may be the first time (yes, I am slow I guess) where I truly "get it". These blogs and websites we get much of our information from, are taken at face value and believed as fact. I had quoted that article a few times when people had been hoping there was something out there that is not being shown because of this article leading one to believe it could be true.

I will add that, although I have always said I am going to truly open my mind when the the trial begins and try to just decide the verdict for myself, based only what I hear from within the trial, I do know the opinion I have now, is based on a lot of others opinions, blogs, websites, etc., that I had thought were written as fact being many were from "professionals".
So thank you again for setting the record straight on this for me.

So, one question; is Kathi Belich still your Hero? :angel:

 

[reeseeva]

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

BBM

That's what scares me.....and it is all I see and feel when listening to LKB & AL....WINNING is paramout to anything & everything, including true justice for the victim.....very scary!