Legal Q&A Thread for R Hornsby

[cecybeans]

I was under the impression that AL had been involved in about 30 DP capital cases and had won 19 and lost 11. If that is true, is a two-to-one record really good in getting DP off the sentence?

 

[jandkmom]

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

Touche.

 

[sadyjade]

rhorsnsby,

I've been away from WS for a while and am not up to speed on this thread as of this post. I just wanted to say that I really dig that you are here representing your profession Hornsby! Way cool .... and Thank you! Looking forward to reading a bit of your insight on this case (and perhaps some of your own cases).

Carry on

 

[babycat]

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

O/T

Haha. I was just thinking that. But I do completely get what he is saying. Over here in Biloxi any time someone is even accused of a crime in the local papers (even theft, etc) half of the comments on our local paper's forum are "Hang 'em" "Get rid of them" "Lock them up for life" etc. (I don't fair well over there with my devil's advocate mindset. ) I can see a North Florida jury convicting her. You know what they say...the farther south you go in Florida, it's almost like going north.

I only lived in north Florida briefly- I worked at a bar on the strip in Panama City Beach for spring break/summer while I was out of college. (THAT certainly wasn't conservative. Haha.) But there are many surrounding North Florida cities that have a quiet, conservative, country feel. I used to pass signs warning me about the "devil" getting me when I was driving from Troy, AL to PCB.

I've noticed that people here on the MS Gulf Coast tend to be conservative about a lot of things. For instance, we had world renowned architect Frank Gehry design our art museum after Katrina, and people are constantly writing in to our local paper about what an "eyesore" it is, and complaining that it doesn't look like an antebellum home. I'm not knocking their opinion- it's just an observation.

 

[Blaise]

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

Yeah. She's a female Richard Hornsby. She likes the fight, too.

Blaise

 

[jandkmom]

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).

Does everything boil down to dollars and cents? What about justice? If you really feel in your heart that they are innocent and felt that they were being thrown under the bus by the KC defense, would you not defend them no matter what they could pay?

 

[Wudge]

LOL - my brother did work for Lin Wood and on the Ramsey case; but I don't know about any of the drama with Ms. Murphy, but I will ask...

I believe that I will enjoy hearing your brother's feedback as it relates to Ms. Murphy. Though I doubt too many others who post here will receive it in a similar fashion.

As regards your turning down an invitation to appear on Nancy Grace's show, I believe that was an extremely astute decision. Nancy controls who speaks on her show and for how long. I suspect you would have been little more than a puppet she would have used for her own purposes.

Moreover, Nancy truly despises defense attorneys. Her show is not a platform that a smart, principled and clearly out-spoken defense attorney, such as yourself, should consider.

In years gone by, Nancy responded to a few questions from Larry King that provide crystal clear insight into a few of her strongly held beliefs -- and the disjointed workings inside her mind. Her beliefs are certainly not anything that belong in the mind of a judge; that is, unless you are Nancy Grace.


Larry King Live 1-23-03

KING: Defense lawyers have also said you were too ruthless, too dramatic, too emotionally wrapped up. One attorney who lost a case to you said, "She overshadows the facts with blood and guts." Another said, "She plays as though she's the victim's champion. She also loses perspective."

How do you react to that kind of criticism? That you are sort of blinded by the victim?

GRACE: I would say that it's all true. Except what blinds me is the truth of these cases and the cold-hearted nature of what people can do to each other.

Sometimes I think the court system is too good for some perpetrators.

KING: But the system says the truth is not the truth until the jury says, right?

GRACE: I agree 300 percent.

KING: OK. They are the determiners of the truth, not you or the defense lawyer, right?

GRACE: And it sounds to me like those defense lawyers have been chewing on some sour grapes.

KING: You knew, then, that you had a reputation for toughness?

GRACE: It was a horrible reputation.

And in fact, at one point I had at one point hoped to become a judge someday and was blocked repeatedly by the defense bar.

KING: Think you could have been a fair judge?

GRACE: Yes.

------------- A bit later in the show King asks Nancy ------------

KING: And no desire to be a defense lawyer?

GRACE: I couldn't live with myself. Who wants to look at a jury and make up alibis and try to get someone off?

KING: Are you saying defense lawyers do that?

GRACE: I say that the defense attorneys very often choose to believe the clients. So I certainly didn't want to do that.


Larry King Live 8-23-04

GRACE: Well, Larry, as you well know. As you have asked me personally myself why I have never been a defense lawyer, it's because I don't want to stand in front of a jury and lie threw my teeth.


(chuckle ... Offered just in case you should ever be tempted in the future to reverse your very wise decision.)

 

[Gaia713]

Here is how jury selection works. The jurors first fill out questionnaires that the lawyers get to review, then the judge asks preliminary questions, the state asks their questions, and then the defense asks questions.

A major topic is going to be who heard pretrial publicity. So while Potential Juror 1 may not have heard the tapes, Potential Juror 2 may have and will then say "well I heard she said this about jurors, and I think she is a witch." Suddenly PJ1, who had no position agrees with PJ2 and asserts his agreement when asked if anyone else agrees with PJ2.

Now both jurors would be stricken for cause, as they would have exhibited a bias against the defense team.

Now once this will likely become a heated topic, and suddenly PJ5, PJ7, PJ14, etc all express the same bias - and they all too are excluded.

Now the State is left with PJ3, PJ4, PJ6, PJ9, PJ9, etc who all said they understood the context of what was said and why it was said and they stay in the jury pool because they have not expressed a bias against the defense, nor by saying they understand the context of the statements are the expressing a sympathy for the defense that the State could use to strike them for cause.

So basically, once this questioning is done. All of the shoot now, sort 'em out later people are off the jury and you are left with more level headed people.

Now, once the jury is seated with a pro-defense jury, the statements will never be discussed again.

Also, the entire audio of her speech would not be played for any reason, even during jury selection. Rather, the only exposure during jury selection would be what people remember hearing.

Having heard pre-trial information does not dismiss a juror. The juror has to suspend what he/she has heard and base their decision on only what is shown at trial. No matter what Lyons and Vaez want people to think, hearing pre-trial publicity does not mean a juror will be tossed on that alone.

As for Lyon, I hope her "hostility" shows because that alone will turn the jurors off to the derfense.

 

[Gaia713]

I have to question whether Mr. Hornsby has EVER thought a defendant might have been guilty. I hope all this publicity helps his client base .

 

[leah]

I'm new to posting, not new to reading this site and certainly not new to this case. I appreciate this thread, the questions asked and the answers from Mr Hornsby. Unfortunately on some forums all it is they do is attack the defense, and the Casey is going to fry attitude. I like to look at things realistically, and want to hear both sides. At first I thought definitely there will be a conviction, now I have to honestly say I'm thinking there could be a chance of an acquittal, but a hung jury is probably what I would have to go with at this point. At least for now that is where I'm going.

 

[Blaise]

I have to question whether Mr. Hornsby has EVER thought a defendant might have been guilty. I hope all this publicity helps his client base so that he won't have to insert himself in every controversial case that hits the news.

He has stated that he thinks Casey is guilty. He's just not sure of what.

Blaise

 

[reeseeva]

]I have to question whether Mr. Hornsby has EVER thought a defendant might have been guilty. [/B] I hope all this publicity helps his client base so that he won't have to insert himself in every controversial case that hits the news.

BBM

And would like to add, Mr. Hornsby, what are your feelings of a defendant, with no remorse, someone who is just void of any feelings for the crime of which they are accused?

 

[rhornsby]

Does everything boil down to dollars and cents? What about justice? If you really feel in your heart that they are innocent and felt that they were being thrown under the bus by the KC defense, would you not defend them no matter what they could pay?

May I ask what your professional occupation is? When was the last time you just did something for free for the first person that asked?

If you must know, I often discount my asking rate for someone I think is getting a raw deal.

But as for my pro bono work, I take assignments from the Orange County Legal Aid Society. I am a certified Guardian Ad Litem and I volunteer for Teen Court, and that is in addition to the pro bono case I take on.

Ms. Anthony's family has money and can afford an attorney, if they or Casey could not afford an attorney then the Office of the Public Defender would be assigned - and ironically, if you read BS' newest blog posting, he can be found bragging about how good the Orange County PD is.

So yes, I run a business and have a light bill just like everyone else. If that bothers you, then excuse me.

 

[trixi491]

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..

 

[jandkmom]

May I ask what your professional occupation is? When was the last time you just did something for free for the first person that asked?

If you must know, I often discount my asking rate for someone I think is getting a raw deal.

But as for my pro bono work, I take assignments from the Orange County Legal Aid Society. I am a certified Guardian Ad Litem and I volunteer for Teen Court, and that is in addition to the pro bono case I take on.

Ms. Anthony's family has money and can afford an attorney, if they or Casey could not afford an attorney then the Office of the Public Defender would be assigned - and ironically, if you read BS' newest blog posting, he can be found bragging about how good the Orange County PD is.

So yes, I run a business and have a light bill just like everyone else. If that bothers you, then excuse me.

Please don't take offense as I didn't mean it to be. I am a database manager and don't work for free either. I certainly wasn't asking about KC or her family, but the friends of KC that seem to be college students. I wouldn't expect you or any defense attorney to always work for free. Emotions are involved in my job though, and I was just wondering because of your dollars and cents comment if you ever took cases because you were emotionally involved in the outcome?

O/T...You watching the Gator game?

 

[JBean]

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..

Hi Trixi. I don't necessarily think opinions are changing. Many here have often wondered, based on the evidence we have seen, if the state has enough to convict her of murder 1. There are many ,many discussions here about it.
The bottom line is until we see all the evidence presented in court, we just don't know and in the meatime we are just speculating because we can The best way to speculate is to find out what we can about what each side may have to offer.

 

[gibby207]

Something has intrigued me about the timing of the SA's announcement that they were going for DP. I choose to believe (hope, really) that they have a semi-smoking gun, say a smoldering gun. Here's my question and hope it makes sense: If there were a smoldering gun, is it possible both parties know what it is but is sealed for trial? Is it possible prosecution is still "analyzing" it?

I don't read here every day so sorry if this has been brought up, and also sorry if it shows my ineptitude. lol

 

[rhornsby]

I have to question whether Mr. Hornsby has EVER thought a defendant might have been guilty. I hope all this publicity helps his client base ..

In a vacuum, this is a great question. But in reality it is plain ignorance that makes you ask that.

I encourage all of you to visit the Florida Supreme Court's Trial Statistics Section.

In addition to finding out that the Ninth Judicial Circuit has the lowest conviction rate in the state. (FYI - the 9th Circuit is prosecuting Casey.) you will find that nearly 90% of people formally charged with a crime plead out. THAT MEANS 90% OF THOSE CHARGED ADMIT THEIR GUILT.

So I am sorry if you take my comments about the 1 case that is the exception to the norm and twist in into a juicy soundbite.

I think most people charged with a crime are guilty; however, they are usually overcharged or the state is being unreasonable it its prosecution. In such a case my goal is to obtain the best resolution possible.



p.s. I seriously doubt potential clients are hanging out on Websleuths :croc:

 

[whats the punch line]

I have great respect for GAL's they were awesome in my mom's case...

 

[rhornsby]

Something has intrigued me about the timing of the SA's announcement that they were going for DP. I choose to believe (hope, really) that they have a semi-smoking gun, say a smoldering gun. Here's my question and hope it makes sense: If there were a smoldering gun, is it possible both parties know what it is but is sealed for trial? Is it possible prosecution is still "analyzing" it?

I don't read here every day so sorry if this has been brought up, and also sorry if it shows my ineptitude. lol

No, that would not occur.