Legal Questions for Our VERIFIED Lawyers #1

[Numbers]

I am not asserting that the State failed to turn over the letters in a timely manner.

However, to answer your question, let's assume that the State had failed to turn over the letters in a timely manner. Casey may have written the letters (more about that in a moment) but there is no evidence that she had a duplicate copy of them. Thus Casey could not provide a copy of those letters to Baez. Certainly Baez is entitled to know the content of the letters, in order to meaningfully "confront" this evidence against his client.

Additionally, sometimes jail/prison inmates are not the most honest and trustworthy of people. It is not impossible that an inmate might claim to have letters or other communications from Casey, but the letters turn out to be forgeries and/or the communications turn out not to have occurred. Again, Baez is entitled to an independent inspection and evaluation of the letters' authenticity to meaningfully "confront" this evidence against his client. If the letters turned out to be forgeries then their content would be completely irrelevant and the letters would be inadmissible.

Thus, assuming the State had failed to turn over the letters in a timely manner, Casey's rights (as well as the statutory reciprocal discovery rules) would have been violated and her defense would have been prejudiced.

Katprint
Always only my own opinions

Baez's motion re: delayed turn-over of discovery talked about the letters TO Casey, not the letters from Casey. (Letters from her adoring fans, Cindy, and George, to name a few.)

 

[Katprint]

I agree with you Katprint, but I'm just not sure when he gets his "marching orders because he doesn't seem to actually visit her very often at all.

I am not privy to the communications between Casey and her attorneys. However, I do recall the time Casey didn't like hearing the prosecution lay out its basis for seeking the death penalty and she leaned over and told Andrea Lyon, "Make him stop!" Casey could have put her hands over her ears if she personally found it too upsetting to hear, but what Casey asked for was that the prosecutor be made to "stop" telling the judge - and everyone in the courtroom, and the media - about what he believed that Casey had done to Caylee.

So you see, it wouldn't take much time at all for Casey to tell her attorney(s) to make the jail stop telling everyone about what snacks she ate or about what lies she put in her letters to other inmates or what weird letters she receives from her supporters.

Katprint
Always only my own opinions

 

[AZlawyer]

If KC is convicted and appeals saying that the Sunshine Law made it impossible for her to get a fair trial, and she wins that appeal, what happens next? Would the state have to overturn their Sunshine Law, & what would happen to all the evidence that was already released to the public?

She wouldn't win that appeal. It will never happen. The Fla Supreme Court is not going to say it is unconstitutional for public records to be released to the media.

Would that work?

(Re: putting a bunch of silly little issues in an appellate brief)--hardly ever. But if you have no serious issues to include, silly issues will have to do.

 

[Paintr]

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/09/casey-anthony-geraldo-rivera-says-clearly-guilty-casey-anthony-faces-absurd-overprosecution.html#more-20423

“I think of Jose as a fine and upcoming lawyer,” Rivera said. “If you cut through the BS, he’d be a hero.”

How does Baez come off in the press? “You make him out to be an insincere social-climber. He’s trying to do a job for a client who is white-hot in the controversy she generates. Lawyers are often smeared by the reputation of a client.”


Just thought our great lawyers would like to read Mr Rivera's comments about Mr Baez's professional abilities.

 

[Gma Kat]

I posted this in the CMA Foundation thread but it belongs here probably more.....
I visited the Foundation site and it appears that no one has maintained/updated the site since at least September of '09.....
I went to the Foundation's Annual Report filed April 20, 2010, with the Dept of Corps Florida....there was no Financial Statement filed with the Report, only a change of mailing addess was noted for the foundation from the Hopespring residence to a post office box. All addresses were changed to reflect "US" where before there was simply the normal address.
My question to our beloved lawyers out there: Wouldn't the Foundation be suspended for failing to file a Financial Statement with their Annual Report, or did the Dept. simply fail to include the document when providing the PDF to the public? I was hoping to see an accounting of donations received versus expenses. Wouldn't this be the document to itemize those? THanks in advance.

 

[AZlawyer]

I posted this in the CMA Foundation thread but it belongs here probably more.....
I visited the Foundation site and it appears that no one has maintained/updated the site since at least September of '09.....
I went to the Foundation's Annual Report filed April 20, 2010, with the Dept of Corps Florida....there was no Financial Statement filed with the Report, only a change of mailing addess was noted for the foundation from the Hopespring residence to a post office box. All addresses were changed to reflect "US" where before there was simply the normal address.
My question to our beloved lawyers out there: Wouldn't the Foundation be suspended for failing to file a Financial Statement with their Annual Report, or did the Dept. simply fail to include the document when providing the PDF to the public? I was hoping to see an accounting of donations received versus expenses. Wouldn't this be the document to itemize those? THanks in advance.

I don't know what the requirements are in Florida. Most likely, if a financial statement was required and not provided, the corp. would be administratively suspended until the deficiency was corrected. Of course, as you mentioned, it could be just an incomplete .pdf.

And yes, I think a financial statement would include the information you're looking for.

 

[ThinkTank]

Do any of the lawyers here know what will be required of David Evans, Esquire to get his name off of the Defense Witness List, so he will not be disqualified as Kronk's attorney? Will an Affidavit from him asserting that he has no information to provide which would not be protected by attorney/client privilege suffice?

And what is your expectation of the liklihood of Judge Perry telling the Defense to take this man off their list?

 

[nums24]

Would the fact that JB is listed as lead counsel on the docket open any possible appellate issues because he is not death qualified? And CM always referencing his age, disabilities, medicare, hearing aid feedback, etc. Can the State request a "mental competency evaluation" for CM?

 

[Horace Finklestein]

With respect to the 'trial by ambush' stuff - does that prevent unexpected testimony like if Lee, George, whoever, admitted to helping Casey dump the body or whatever -

Can there be completely unexpected powerful damning testimony - or do the attorneys on both sides have a right to basically know what will be said? Could you elaborate on it a bit like 'what if' so and so says something.

 

[AZlawyer]

Do any of the lawyers here know what will be required of David Evans, Esquire to get his name off of the Defense Witness List, so he will not be disqualified as Kronk's attorney? Will an Affidavit from him asserting that he has no information to provide which would not be protected by attorney/client privilege suffice?

And what is your expectation of the liklihood of Judge Perry telling the Defense to take this man off their list?

I don't think being on the list is harming him any. If I were him, I would have pretended not to notice and forced THEM to bring it up.

I doubt an Affidavit would be much good, because the witness does not always know whether or not they have relevant information until you ask them some questions. I suppose he could request an order for the defense to appear and show cause why he should not be removed from the list--that might force the defense into explaining their "reasoning."

Would the fact that JB is listed as lead counsel on the docket open any possible appellate issues because he is not death qualified? And CM always referencing his age, disabilities, medicare, hearing aid feedback, etc. Can the State request a "mental competency evaluation" for CM?

I don't think it makes any difference what the docket says. Dockets quite often don't reflect reality. Whoever is death qualified (CM) is lead counsel.

CM is not mentally incompetent. He is old and half-deaf and not too great at strategy, but that doesn't disqualify you from practicing law.

With respect to the 'trial by ambush' stuff - does that prevent unexpected testimony like if Lee, George, whoever, admitted to helping Casey dump the body or whatever -

Can there be completely unexpected powerful damning testimony - or do the attorneys on both sides have a right to basically know what will be said? Could you elaborate on it a bit like 'what if' so and so says something.

A witness can always say something unexpected. Both sides get to know who will testify, but they don't get a "script." But if the testimony was something really earth-shattering and previously unknown to the defense in a death-penalty case, they would likely get a trial continuance to do further discovery. Not that I've ever seen anything like that happen. Real trials are generally nothing like Perry Mason.

 

[I Din Doot]

As always AZ... Thanks for ejikating us laymen and Chit houze wannabees. You really do kick AZ and I, for one, really, really appreciate the time you pro bono to us'uns.

Don't know your motivation to be so steadfast, but I don't know mine either. Cheers!!

 

[Horace Finklestein]

az i like u

 

[rhornsby]

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/09/casey-anthony-geraldo-rivera-says-clearly-guilty-casey-anthony-faces-absurd-overprosecution.html#more-20423

“I think of Jose as a fine and upcoming lawyer,” Rivera said. “If you cut through the BS, he’d be a hero.”

How does Baez come off in the press? “You make him out to be an insincere social-climber. He’s trying to do a job for a client who is white-hot in the controversy she generates. Lawyers are often smeared by the reputation of a client.”


Just thought our great lawyers would like to read Mr Rivera's comments about Mr Baez's professional abilities.

This is the opinion of a man who invented the tabloid news genre.

 

[Kentjbkent]

Bringing this sunject over from another in the hopes that RH or an attorney who is privy to Florida laws can offer more information.....

The trial of Lauren Gress concluded this week and in a post-conviction interview, her attorney Richard Hornsby stated:

Her attorney Richard Hornsby said because of Florida's diminished capacity laws, he wasn't allowed to tell the jury two highly renowned doctors diagnosed Gress with severe postpartum depression.

"If the jury was able to know if she was diagnosed with specific condition, that she was suffering, that was affecting her ability to recognize that the children health was deteriorating, there's little doubt that that would have affected their verdict,” Hornsby said.

http://www.cfnews13.com/article/news/2010/september/146153/Mother-found-guilty-of-child-neglect


What specifically are Florida's diminished capacity laws and how will they apply in Casey's case?

RH states in above article that the judge COULD factor in Lauren Gress' diagnosis during sentencing, so if any particular expert has diagnosed KC, would we only expect to learn of it during mitigation after her conviction (and yes, I expect a conviction)?

 

[Kentjbkent]

This is the opinion of a man who invented the tabloid news genre.

Quoting only because I am directing question specifically to RH....

During a recent post-conviction interview in regards to the trial of Jason Lenz, you stated that YOU would be filing an appeal.

This week, you stated that YOU would also be filing an appeal on behalf of Lauren Gress.

My question....when Casey is convicted (as she will), can we expect that Baez will be the attorney filing the appeal????? (assuming, of course, that Casey is still enamored by him)

Or how does this process work? If an appeal is granted, then a specific "appeals attorney" takes over? (confused:waitasec

 

[darnudes]

Bringing this sunject over from another in the hopes that RH or an attorney who is privy to Florida laws can offer more information.....

The trial of Lauren Gress concluded this week and in a post-conviction interview, her attorney Richard Hornsby stated:

Her attorney Richard Hornsby said because of Florida's diminished capacity laws, he wasn't allowed to tell the jury two highly renowned doctors diagnosed Gress with severe postpartum depression.

"If the jury was able to know if she was diagnosed with specific condition, that she was suffering, that was affecting her ability to recognize that the children health was deteriorating, there's little doubt that that would have affected their verdict,” Hornsby said.

http://www.cfnews13.com/article/news/2010/september/146153/Mother-found-guilty-of-child-neglect


What specifically are Florida's diminished capacity laws and how will they apply in Casey's case?

RH states in above article that the judge COULD factor in Lauren Gress' diagnosis during sentencing, so if any particular expert has diagnosed KC, would we only expect to learn of it during mitigation after her conviction (and yes, I expect a conviction)?

Check out Lauren Gress' myspace page, she doesn't seem to be suffering from anything at all.

 

[Kentjbkent]

Check out Lauren Gress' myspace page, she doesn't seem to be suffering from anything at all.

Yep, already did shortly after verdict...

So in keeping with spirit of question to attorney thread....

Can SA offer any comments, statements, etc from personal MySpace page during penalty phase of trial?

 

[belle3]

i wanted to know if its at all possible that casey could say that caylee died in some other way, like a seizure. and that she placed her in the trunk and basically confess to disposing of her. and bring this new lawyer in to try and prove that death in another means is totally a possibility. could casey get off this way? i hope i asked this question correctly and in the right place.

 

[AZlawyer]

i wanted to know if its at all possible that casey could say that caylee died in some other way, like a seizure. and that she placed her in the trunk and basically confess to disposing of her. and bring this new lawyer in to try and prove that death in another means is totally a possibility. could casey get off this way? i hope i asked this question correctly and in the right place.

You can't prove anything through a lawyer--you'd need witnesses and/or evidence. Probably Casey would need an expert witness to opine that the forensic evidence is consistent with such a death, which her currently listed experts could do. Also, as a practical matter, she would need some explanation for the duct tape, the lies/cover-up (instead of hospital visit/911 call as one would expect), and her apparent happiness following the tragic death of her only child, to get the jury to buy this theory. But yes, she could try this type of defense, with or without the new lawyer.

 

[belle3]

You can't prove anything through a lawyer--you'd need witnesses and/or evidence. Probably Casey would need an expert witness to opine that the forensic evidence is consistent with such a death, which her currently listed experts could do. Also, as a practical matter, she would need some explanation for the duct tape, the lies/cover-up (instead of hospital visit/911 call as one would expect), and her apparent happiness following the tragic death of her only child, to get the jury to buy this theory. But yes, she could try this type of defense, with or without the new lawyer.

thanks for your answer. my other question now is, if she said she did all that stuff because she just didnt want to get in trouble and just wanted to go on living her life could a jury buy that and what is the stiffest penalty she could get. i hope this doesnt sound silly.