Legal Questions for our VERIFIED Lawyers #3

[Walk in IL]

Clothing is usually given to the defense attorney by a family member or friend. In this case I don't know if the As gave some clothes to the defense or the defense purchased them. I'm sure ICA has input as to what she wears. The attorney will take the clothes to the jail and ICA will change prior to coming to the courthouse.

Thanks. Now I know who to blame.

 

[grammieto5]

Could KC question any of the witnesses herself ?

 

[beachbumming]

Could KC question any of the witnesses herself ?

A defendant has a right to act as their own attorney, however, no judge is going to allow that to happen in a death penalty case. In cases where someone is representing themselves a judge will often appoint co-counsel to assist them.

 

[AZlawyer]

Question for the lawyers:

If CA is acquitted of 1st degree murder but found guilty of all the other charges, what's the most she could spend in prison (roughly)? (aggravated child abuse, aggravated manslaughter of a child, and 4 counts of providing false info to LE)

IMO the max for the charges listed in the indictment, not including 1st-degree murder, would be 34 years, but she could be convicted of a lesser-included offense to 1st-degree murder--like second-degree murder--and be sentenced to life in prison.

Attorneys, please tell us if it is normal/acceptable for the defendent to use a laptop during trial. She would have access to wifi which means she could be emailing or instant messaging her parents to try swaying their testimony. Is that OK?

Yes, it is perfectly fine for the defendant to use the laptop, although obviously not OK to be communicating with witnesses and attempting to influence their testimony.

 

[Black Magic Woman]

IMO the max for the charges listed in the indictment, not including 1st-degree murder, would be 34 years, but she could be convicted of a lesser-included offense to 1st-degree murder--like second-degree murder--and be sentenced to life in prison.



Yes, it is perfectly fine for the defendant to use the laptop, although obviously not OK to be communicating with witnesses and attempting to influence their testimony.

But who is monitoring what she is doing on the phone?

 

[AZlawyer]

But who is monitoring what she is doing on the phone?

If she is using a phone, which I haven't seen, probably no one would be monitoring her. There are often plenty of opportunities to violate the rules, and not all violations will be caught or prevented. Right now, everyone is much more worried about the issues being tried than about Casey's potential violation of communication rules.

 

[niaa]

So I'm pretty convinced a conviction is on its way. So what happens when:
The Clerk reads Murder One - Guilty
Does ICA become convicted felon CA, fingerprinted and led away ?
Will the Judge recess for the day and convene the next morning to start the Penalty Phase ?
Will FCA then appear in court in prison garb and chains?
Thanks

 

[niaa]

I couldn't find an accurate list of charges but IIRC
Murder
Manslaughter
Child Neglect
Lying to LE

If the jury convicts on Murder is there any way they can also say guilty of Manslaughter. I just wonder if the Murder conviction was overturned on appeal maybe manslaughter would survive the appeal.

Thanks in Advance

 

[cluciano63]

What about the jury? I am pretty sure they are not allowed access to their own phones and computers without supervision, is that correct? Only non-communication devices like game players without wifi or dvd players?

 

[beachbumming]

So I'm pretty convinced a conviction is on its way. So what happens when:
The Clerk reads Murder One - Guilty
Does ICA become convicted felon CA, fingerprinted and led away ?
Will the Judge recess for the day and convene the next morning to start the Penalty Phase ?
Will FCA then appear in court in prison garb and chains?
Thanks

If ICA is found guilty of First Degree Murder they will immediately go into the penalty phase. It will be like a continuation of the trial. Whether the jury recommends the DP or LWOP the judge will schedule a sentencing hearing for approximately a month after trial. At that time the HHJP will "adjudge" ICA guilty and impose her sentence. Within a few days ICA will be transferred from jail where she has been to a state penitentiary(prison).

 

[beachbumming]

I couldn't find an accurate list of charges but IIRC
Murder
Manslaughter
Child Neglect
Lying to LE

If the jury convicts on Murder is there any way they can also say guilty of Manslaughter. I just wonder if the Murder conviction was overturned on appeal maybe manslaughter would survive the appeal.

Thanks in Advance

No. Manslaughter is a lesser included offense of murder.

 

[Pink Panther]

If ICA is found guilty of First Degree Murder they will immediately go into the penalty phase. It will be like a continuation of the trial. Whether the jury recommends the DP or LWOP the judge will schedule a sentencing hearing for approximately a month after trial. At that time the HHJP will "adjudge" ICA guilty and impose her sentence. Within a few days ICA will be transferred from jail where she has been to a state penitentiary(prison).

I'm not sure I've understood this. If she's found guilty, she will be transferred from jail to a state penitentiary and then a month or so later the jury will deliberate on penalty? Will they remain sequestered throughout that time? Why the one month wait?

 

[cluciano63]

I'm not sure I've understood this. If she's found guilty, she will be transferred from jail to a state penitentiary and then a month or so later the jury will deliberate on penalty? Will they remain sequestered throughout that time? Why the one month wait?

I think what it means is the jury will give the judge their verdict on the sentencing and he will weigh it for a month or so, and announce his final sentence in a hearing...he can go against the jury if he chooses to.

 

[beachbumming]

I'm not sure I've understood this. If she's found guilty, she will be transferred from jail to a state penitentiary and then a month or so later the jury will deliberate on penalty? Will they remain sequestered throughout that time? Why the one month wait?

I'll try to explain it a bit better.
1. Jury comes back with 1st degree murder
2. Penalty Phase
3. Jury comes back with a recommendation of DP or LWOP
4. HHJP schedules a sentencing hearing
5. Sentencing hearing:
a. HHJP will say to ICA "following a jury of your peers finding you guilty of First Degree Murder, I now adjudge you to be guilty."
b. If jury recommends DP HHJP can accept that recommendation and impose the DP or override the jury and impose LWOP
c. If jury recommends LWOP HHJP can accept that recommendation and impose LWOP or override the jury and impose the DP

 

[Itsy]

JB is "allowed" to add new evidence if HHJP allows it. HHJP will want a really really good reason why JB didn't bring it up earlier--but if it is important evidence, and if it is at all possible to allow the new evidence without seriously disrupting the trial, he will probably allow it to avoid giving Casey one more "ineffective assistance of counsel" argument.

Thanks, AZ...but what about the 2nd part of my question? Will the SA be allowed to investigate the DT's new evidence? Would this cause a delay in the proceedings?

Again, it can't be said enough - thank you & the other lawyers for your time spent answering our questions. :rocker:

 

[Katprint]

I couldn't find an accurate list of charges but IIRC
Murder
Manslaughter
Child Neglect
Lying to LE

If the jury convicts on Murder is there any way they can also say guilty of Manslaughter. I just wonder if the Murder conviction was overturned on appeal maybe manslaughter would survive the appeal.

Thanks in Advance

No. Manslaughter is a lesser included offense of murder.

I respectfully disagree.

There have been many cases where the evidence was determined to be insufficient to support a murder conviction, which was then reduced to manslaughter. The shaken baby case out of Massachusetts involving nanny Louise Woodward comes to mind. The freakish Knoller/Noel San Francisco dog mauling case also involved a murder conviction being reduced to manslaughter but the murder conviction was subsequently reinstated on appeal so that is less straightforward. Nonetheless, murder convictions being reduced to manslaughter can happen and does happen.

Katprint
Who actually has a six-degrees-of-Kevin-Bacon connection to the Knoller/Noel case
Always only my own opinions

 

[AZlawyer]

Thanks, AZ...but what about the 2nd part of my question? Will the SA be allowed to investigate the DT's new evidence? Would this cause a delay in the proceedings?

Again, it can't be said enough - thank you & the other lawyers for your time spent answering our questions. :rocker:

That's why I said HHJP would likely allow new evidence IF it wouldn't seriously disrupt the trial. If there is a lot of new investigation necessary, that would seriously disrupt the trial.

 

[faefrost]

I'll try to explain it a bit better.
1. Jury comes back with 1st degree murder
2. Penalty Phase
3. Jury comes back with a recommendation of DP or LWOP
4. HHJP schedules a sentencing hearing
5. Sentencing hearing:
a. HHJP will say to ICA "following a jury of your peers finding you guilty of First Degree Murder, I now adjudge you to be guilty."
b. If jury recommends DP HHJP can accept that recommendation and impose the DP or override the jury and impose LWOP
c. If jury recommends LWOP HHJP can accept that recommendation and impose LWOP or override the jury and impose the DP

The judge can kick the sentence up to DP if the jury opts for LWOP? Interesting. For some reason I had thought that death must be handed down by a jury and can no longer be entirely at a judges sole discretion?

 

[beachbumming]

I respectfully disagree.

There have been many cases where the evidence was determined to be insufficient to support a murder conviction, which was then reduced to manslaughter. The shaken baby case out of Massachusetts involving nanny Louise Woodward comes to mind. The freakish Knoller/Noel San Francisco dog mauling case also involved a murder conviction being reduced to manslaughter but the murder conviction was subsequently reinstated on appeal so that is less straightforward. Nonetheless, murder convictions being reduced to manslaughter can happen and does happen.

Katprint
Who actually has a six-degrees-of-Kevin-Bacon connection to the Knoller/Noel case
Always only my own opinions

I believe the question was If the jury convicts on Murder is there any way they can also say guilty of Manslaughter. The answer to that would be no. Since manslaughter is a lesser included offense of murder, a jury cannot return a guilty verdict of murder and manslaughter.

 

[AZlawyer]

The judge can kick the sentence up to DP if the jury opts for LWOP? Interesting. For some reason I had thought that death must be handed down by a jury and can no longer be entirely at a judges sole discretion?

The jury would have to find the existence of at least one aggravating circumstance beyond a reasonable doubt, but in this case "victim under 12" shouldn't be in dispute.