Legal Q&A Thread for R Hornsby

[sleutherontheside]

I cannot speak for any other lawyers, but as they say: Curiosity kills the cat. (As for the press, some have indicated in their reports they have.)

As for the jury pool, it will depend on where the jury is selected from. But if you indicated you were active on here, I would almost surely think you wold be struck for cause. Because even if you indicate you can be fair and impartial, you also must not have done any independent "investigation."

Respectfully BBM
I find your use of the word "investigation" most complimentary to members of Websleuths. Too many people scoff at members, or minimize or dismiss the very real and legitimate contributions of WS members. Your reference to our independant investigations leads me to believe that you see real value and legitimacy in the hard work that goes on between members. Shall we consider this to be a ringing endorsement for this very well regarded crime forum?

 

[Virtual Truth]

Um, I posted a response to a listserve that we were both members of - but if that qualifies as "talking" to the defense, well then, I am a big fat liar and will stand in the corner for 15 minutes.

Gotta love your smug sense of humor!

 

[mydailyopinions]

I think what happened for the first 8 months after her arrest were solely due to Baez - no one else. He allowed this case to get out of control, remember Casey was in jail for the most part. So I think the blame lies with him.

I agree. You could even tell during a couple of her video visitations that she was frustrated with Baez.
I keep telling myself that maybe she would have come clean had it not been for Baez, although the chances of that may have been slim to none, even the slim chances she would have, he stopped.
Now, my worry is that due to the way he handled things in the beginning (which I think were merely his attempt at exposure), that she will be able to appeal down the road.

 

[sleutherontheside]

I agree. You could even tell during a couple of her video visitations that she was frustrated with Baez.
I keep telling myself that maybe she would have come clean had it not been for Baez, although the chances of that may have been slim to none, even the slim chances she would have, he stopped.
Now, my worry is that due to the way he handled things in the beginning (which I think were merely his attempt at exposure), that she will be able to appeal down the road.

I am not worried about grounds for appeal based on your above comments. KC has a number of people on her defense team. She was free to send letters home voicing concerns. While my opinion is that JB did "handle" her every move, she had opportunities to ask for help. I think more than anything.....she allowed him to swoop in and be her "white knight". He showered her with attention. She made her choice. Perhaps a mistake, but hers nonetheless.

 

[Virtual Truth]

I am not worried about grounds for appeal based on your above comments. KC has a number of people on her defense team. She was free to send letters home voicing concerns. While my opinion is that JB did "handle" her every move, she had opportunities to ask for help. I think more than anything.....she allowed him to swoop in and be her "white knight". He showered her with attention. She made her choice. Perhaps a mistake, but hers nonetheless.

Also, Judge S made her appearance mandatory in court to nip this in the bud.

 

[OneLostGrl]

Shocked by what? Other than my post script, what was there to be shocking?

The way you speak of Kronk as being questionable because he's been arrested.. that even though there were NO official charges, because there was a grand jury in the first place he is still questionable. He has charges that were expunged and you again use those past charges (which have been DROPPED, expunged) against him. I realize this is not a court room, freedom of speech and all that stuff but IMO It's not a wise thing for a defense attorney to speak with such transparency about such matters.

 

[mydailyopinions]

I hope you don't mind that I ask a personal question Mr. Hornsby..

Surely you have family members, perhaps a wife, or perhaps family members whom have children.
For me, the first thing that grabbed my attention was finding out that 31 days went by and Caylee was not reported missing by her mother. Then, there was the infamous walk through the Sheriff's Departments doors with her swagging back and forth like she really wanted the deputy to notice her cute little behind.:sick:
What was the perception of Casey when this news first broke, amongst people whom you are close to?
What was your initial thoughts? Before the documents started coming out?

 

[rhornsby]

Respectfully BBM
I find your use of the word "investigation" most complimentary to members of Websleuths. Too many people scoff at members, or minimize or dismiss the very real and legitimate contributions of WS members. Your reference to our independant investigations leads me to believe that you see real value and legitimacy in the hard work that goes on between members. Shall we consider this to be a ringing endorsement for this very well regarded crime forum?

Listen, they teach the law in law school - not common sense. And people with common sense (and people skills) make the best private investigators. So I think anyone who has put the time into the discovery like people on here have done their own due diligence. All that I do is offer legal perspective on how admissible certain aspects of that discovery will be.

 

[rhornsby]

I hope you don't mind that I ask a personal question Mr. Hornsby..

Surely you have family members, perhaps a wife, or perhaps family members whom have children.
For me, the first thing that grabbed my attention was finding out that 31 days went by and Caylee was not reported missing by her mother. Then, there was the infamous walk through the Sheriff's Departments doors with her swagging back and forth like she really wanted the deputy to notice her cute little behind.:sick:
What was the perception of Casey when this news first broke, amongst people whom you are close to?
What was your initial thoughts? Before the documents started coming out?

In the legal community, more people were focused on Baez's actions - because at the end of the day, he is the one who did not consult his client on the appropriate way to act.

I tell all my clients, the trial starts the minute you wake up. Because you never know if someone you run into on the way to the courthouse just might be going to jury duty that day.

 

[rhornsby]

Repost: in case it was missed.

Mr. Hornsby,
I want to personally thank you for being here and giving your insight to this case and answering everyone's questions. I have looked at your website and record and am quite impressed. If I lived in FL and found myself in trouble and could afford your services I would not hesitate to put my life in your capable hands as an attorney.

My only question is quite simple. It is said this trial should happen early to mid of 2010. Do you think this will actually happen or in your opinion do you think a plea bargain may possibly still happen in this case.

Again thank you for your time no matter that you say your doing this for selfish reasons.

Your guess is good as mine. And that is the most honest answer I can give.

 

[whats the punch line]

Listen, they teach the law in law school - not common sense. And people with common sense (and people skills) make the best private investigators. So I think anyone who has put the time into the discovery like people on here have done their own due diligence. All that I do is offer legal perspective on how admissible certain aspects of that discovery will be.

So which of us are you willing to employ????

(just kidding... I respect your comments and those of other posters here... )(My strange sense of humor got the best of me.)

 

[whats the punch line]

I still want to know how you feel about Baez motion on voire dire..

Will they be questioned in private?

 

[mydailyopinions]

In the legal community, more people were focused on Baez's actions - because at the end of the day, he is the one who did not consult his client on the appropriate way to act.

I tell all my clients, the trial starts the minute you wake up. Because you never know if someone you run into on the way to the courthouse just might be going to jury duty that day.

Something tells me that with Adrea coming on board that they will train Casey to act so distraught over her dead daughter, and so lonely, so worried, and so devastated during trial. Yet, I think it would almost be quiet stupid to do such a thing with all the testimony, including the Department of Family and Children Services, who also said she showed no emotion..
She could have cared less the entire time her daughter was missing, so showing she cares during trial would be more damaging I imagine. ???
How is it possible to make someone who could care less, appear to care?

 

[rhornsby]

I am not worried about grounds for appeal based on your above comments. KC has a number of people on her defense team. She was free to send letters home voicing concerns. While my opinion is that JB did "handle" her every move, she had opportunities to ask for help. I think more than anything.....she allowed him to swoop in and be her "white knight". He showered her with attention. She made her choice. Perhaps a mistake, but hers nonetheless.

Please don't get me started on appellate issues!!!!

Unless this case results in a plea (which would require a waiver of appellate claims), I would bet my last dollar that an appellate court would reverse this case - if not on direct appeal, on collateral appeal for ineffective assistance of counsel (Google Rule 3.850 Motion).

 

[sleutherontheside]

Listen, they teach the law in law school - not common sense. And people with common sense (and people skills) make the best private investigators. So I think anyone who has put the time into the discovery like people on here have done their own due diligence. All that I do is offer legal perspective on how admissible certain aspects of that discovery will be.

Oh...I totally agree with you. Thereinlies the dichotomy between... the practice of law AND common sense. I say that with utmost respect, as my Aunt is an attorney and my Uncle (her husband) receives his mail addressed to "The Honorable. (insert name here)".

 

[rhornsby]

I still want to know how you feel about Baez motion on voire dire..

Will they be questioned in private?

Initially no, but if they got down to a core group of potential jurors, I could see individual voir dire being appropriate.

 

[Blaise]

Please don't get me started on appellate issues!!!!

Unless this case results in a plea (which would require a waiver of appellate claims), I would bet my last dollar that an appellate court would reverse this case - if not on direct appeal, on collateral appeal for ineffective assistance of counsel (Google Rule 3.850 Motion).

So, thus far the State has not made a mistake that would cause the case to be reversed? And is it possible Baez playing stupid has been a strategic move?? As opposed to Baez being naturally stupid?

Blaise

 

[mydailyopinions]

So, thus far the State has not made a mistake that would cause the case to be reversed? And is it possible Baez playing stupid has been a strategic move?? As opposed to Baez being naturally stupid?

Blaise

:floorlaugh:

 

[rhornsby]

The way you speak of Kronk as being questionable because he's been arrested.. that even though there were NO official charges, because there was a grand jury in the first place he is still questionable. He has charges that were expunged and you again use those past charges (which have been DROPPED, expunged) against him. I realize this is not a court room, freedom of speech and all that stuff but IMO It's not a wise thing for a defense attorney to speak with such transparency about such matters.

Why? On this particular issue, the law is clear. It matters not if formal charges were not initiated or if the arrest record was expunged - it does not erase what was actually alleged by Ms. Kerley.

So while I appreciate the concern for me to speak about this issue, I am on firm legal ground with my opinion.

As a side note, under Florida law, if there was a plea to an offense; even if you have the case sealed or expunged, it can still be counted against you on your scoresheet.

 

[rhornsby]

So, thus far the State has not made a mistake that would cause the case to be reversed? And is it possible Baez playing stupid has been a strategic move?? As opposed to Baez being naturally stupid?

Blaise

Considering the state has not done anything but watch Baex act like a bumbling fool... no.