Legal Q&A Thread for R Hornsby

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  • #481
Couldn't the prosecution just say that he was looking for alternative theories and was willing to listen to other points of view? LE has been accused of focusing on KC (as well I think they should), so the fact that he was willing to go on a board and read other points of view, wouldn't that also show that he was open-minded?
 
  • #482
We have to wait to hear what story (theory) prosecutors will present to the jury. However, if prosecutors were to claim that Casey drove around for one or more days with Caylee's body in the trunk of her car, I would consider that to be a favor to the defense. For that storyline would not support the charge that Casey murdered Caylee with planning and deliberation (murder one). Rather, that storyline would clearly argue against Casey committing a planned murder, and I think most any juror would have a hard time looking past this truth.

Moreover, this says nothing of the fact that as part of the prosecution's premeditated murder charge, they must necessarily claim that the best disposal plan Casey could devise was to bag Caylee's body and then leave it on top of the ground close to her home. I consider this to be yet another strong argument that works hard against the State's 1st degree murder charge (premeditated murder).

apples and oranges IMO. She's certainly not charged with premeditated disposal.

on-topic:

Mr.Hornsby,
I'm really curious as to your opinions of the latest defense motions. Are they standard fare?

Also, I'm Canadian, the death penalty was abolished here before I was born, so I have no idea how capital cases work. Is it common for defense lawyers to challenge the constitutionality of the death penalty in each case, or do you think this is a "Lyon" thing? I mean, would a Florida defense attorney file a similar motion as par for the course?
 
  • #483
apples and oranges IMO. She's certainly not charged with premeditated disposal.

on-topic:

Mr.Hornsby,
I'm really curious as to your opinions of the latest defense motions. Are they standard fare?

Also, I'm Canadian, the death penalty was abolished here before I was born, so I have no idea how capital cases work. Is it common for defense lawyers to challenge the constitutionality of the death penalty in each case, or do you think this is a "Lyon" thing? I mean, would a Florida defense attorney file a similar motion as par for the course?
All of these motions are standard motions filed in Death Penalty cases (If you looked up another DP case you would see similar docket entries). They are necessary to preserve constitutional objections in the event the United States Supreme Court later decides that certain death penalty procedures are unconstitutional for a specific reason - and under the U.S. legal system, you cannot raise an issue on appeal unless you have first preserved it by objection/motion at the trial level.

However, the Statement of Particulars should have been filed a long time ago. It will help enlighten us as to what exactly the State’s theory is behind the First Degree Murder charge.
 
  • #484
Actually I think that would show The state and LE were desperate to come up with a theory if in fact that is why he was here.

Either that, or Yuri was doing a google vanity search on his name.

Blaise
 
  • #485
The problem is not what he said, it is what his intentions are interpreted as. Why is the DETECTIVE suddenly reviewing Websleuths in the middle of the most scrutinized criminal investigations in modern history?

Did he want to impress his "fan base?" If so, what was the attitude of that fan base: Pro-Casey Anthony or Anti-Casey Anthony?

What all did he read, what influenced the leads he followed, what are his motives, etc.

I mean, Mark Fuhrman sure has a nice cozy gig with Fox News right now....

Trust me, I would eat his liver with the fact he was on here.

With some fava beans and a nice chianti? :crazy:
 
  • #486
The problem is not what he said, it is what his intentions are interpreted as. Why is the DETECTIVE suddenly reviewing Websleuths in the middle of the most scrutinized criminal investigations in modern history?

Did he want to impress his "fan base?" If so, what was the attitude of that fan base: Pro-Casey Anthony or Anti-Casey Anthony?

What all did he read, what influenced the leads he followed, what are his motives, etc.

I mean, Mark Fuhrman sure has a nice cozy gig with Fox News right now....

Trust me, I would eat his liver with the fact he was on here.

I'm sure you would (with a nice Chianti!)
 
  • #487
I want to give YM the benefit of doubt and until I am shown otherwise, I will continue to believe that what he has done in this case is to benefit Caylee. I just wish that everyone in this case did what was best for Caylee. IMHO
 
  • #488
I want to give YM the benefit of doubt and until I am shown otherwise, I will continue to believe that what he has done in this case is to benefit Caylee. I just wish that everyone in this case did what was best for Caylee. IMHO
Oh, I don't doubt his intentions were pure. I just think that he got caught up in the anti-Casey Anthony hysteria and allowed himself to be unnecessarily compromised.

And once someone puts on the blinders, no matter how altruistic their intentions, you have to question their objectivity.
 
  • #489
In that case I would understand :innocent: (I do it a lot to see what snickering goes on about me behind my back).

Note to Yuri -- (We know you're reading.) There you go. Say that. "I vanity searched my name."

So . . . How's the leg? (Don't respond Yuri.)

Blaise
 
  • #490
Who, in your opinion, is the strongest advocate, for Caylee Anthony?
 
  • #491
'Nother question -- If you were Baez, once you got finished shuddering 'cause you were Baez, would you lurk in sites such as websleuths? As in, if you were the attorney in a high profile case, would you be lurking here?

Blaise
 
  • #492
Update -- Tiger Wood just hired Nejame . . .

Blaise
 
  • #493
  • #494
'Nother question -- If you were Baez, once you got finished shuddering 'cause you were Baez, would you lurk in sites such as websleuths? As in, if you were the attorney in a high profile case, would you be lurking here?

Blaise
Haven't you seen the attachments to his motions, he most definitely trolls the message boards and Casey Anthony related sites.
 
  • #495
Haven't you seen the attachments to his motions, he most definitely trolls the message boards and Casey Anthony related sites.

He Trolls them, and has his students who post just to cause a stink..
Just My Honest Opinion that cannot be backed up with a link..
 
  • #496
Haven't you seen the attachments to his motions, he most definitely trolls the message boards and Casey Anthony related sites.

THANK you again...I have read most of the pages by now and on Pg 18 I thanks you - because you pretty much validate my thinking. But I do have one question.
And If it was handled - My apology.

ARE you being paid by anyone to work on this case? In behalf of Casey to change public opinion?
The first page did not quite answer this for me because you are investing a lot of time, which most attorney's do not have.
While much of what you are telling us validates everything I have been thinking and it feels right to me.
Most of the people have told me in many ways that She is as guilty as sin and its a slam dunk, that is the result they want.

While I want JUSTICE FOR CAYLEE and hope KC gets what is coming to her, and that the Anthony's get what is coming to them for abstraction. I still wonder.....

If you are not getting paid why are you spending this much time on this? what is your investment and why?

I sincerely do appreciate your time.
 
  • #497
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.

But what about the voire dire motion Baez filed???
 
  • #498
Sorry if I offend anyone, my intention is not to.

I think the child negelect charges will come with a conviction (not the murder charges). Will she serve consecutive, or concurrent on those charges? How does florida handle those types of cases?
 
  • #499
Your story has reminded me of an issue I have always struggled with.

Cindy reported the "dead body" like smell in the car to the 911 dispatch.
Responding officers arrived during that phone call.
neither the officers nor the detectives asked for the car until the next day at which time it was turned over voluntarily by George and Cindy without a warrant.
I have always wondered why this car wasn't sealed off or impounded immediately when there was a missing child report and a smell that was unmistakably decomp coming from the car.
ETA: At the bond hearing, Melich said after they checked out KC's stories he remembered that someone said something about a smell in the car and he went to check it out. To me it almost sounded like an afterthought. JMHO of course.

In your opinion was leaving the car overnight neither here nor there or should it have been preserved immediately?


Two things. One, I don't recall seeing he call notes on this. Do you (or anyone) know if we have them? We know from the call notes from Kronk's calls that some significant info was not passed on to the responding officers. I wonder if Cindy's statement was passed on to the responding officers. I bet a pint of Ben and Jerry's not.

The other thing is that Yuri was told the smell in the car was from trash, not that it smelled like decomp. I actually thought it was pretty astute of him that he thought to check it out with as little misleading info he was apparently given.

Nevertheless, it has always bothered me that the car wasn't immediately towed.
 
  • #500
Oh, I don't doubt his intentions were pure. I just think that he got caught up in the anti-Casey Anthony hysteria and allowed himself to be unnecessarily compromised.

And once someone puts on the blinders, no matter how altruistic their intentions, you have to question their objectivity.

Who knows? He could have been looking through other missing child cases from Florida to see if anything looked suspicious enough to tie this case with.. Florida is full of missing children, matter of fact, I would think Florida leads the nation in the number of missing children, although I could be wrong..
Wouldn't you agree that going into a forum where the missing children remain a focus everyday, and not buried in some box in the back office somewhere beneficial to any missing child investigation?

I don't see anything wrong with Yuri being here posting. He never said anything about the case..
Now, when all this is said and over with, I hope that Yuri comes here and tells us about the pictures that were being discussed with George and Nick Savage...but then since the case is over with at that point, I guess it would be just like your old case where the guy was accused of ejaculating on a piece of carpet right? Fair game then..
 
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