Legal Questions for our VERIFIED Lawyers #3

[5stars]

All must agree on guilt,but how many must agree on death or lwop?

 

[kssgdby]

Will the fact that HHJP denied the request for additional peremptory challenges be upheld on appeal?

 

[atthelake]

docho3 addition perhaps, We all now that no implications for the outburst that just happended, but what if happened during trial?

My original question for coming to this thread is "Is there a time limit on opening statements" - or is it just balanced to not have the folks fall asleep/lose interest! This is such a tangled web to weave silk out of for the prosecution, and wondering the length which is allowed and you think is best. (Then again, we don't have to worry about the prosecution as all will be explained in 3-5 minutes and then they perhaps can sit down and shut up)

 

[AZlawyer]

Can HHJP really limit their opening arguments to seven minutes each?

He could, although the defense would raise it on appeal--but I don't think that's what he said. I think he said 7 minutes each to talk about whatever "issues" they need him to decide about what they are going to be allowed to use in opening arguments--e.g., photos, etc.

How is the jury foreperson decided?

Will any grand jury testimony be released to the public?

The jurors select a foreperson.

We will not see the grand jury testimony.

Yesterday the judge said each side would get 1 strike for each alternate juror. Watching the day progress today I was fearful that there wouldn't be enough jurors to fill the alternate's seats. I was surprised when one of the PJs was moved out of the 1st twelve seats to the 5th alternate spot and the number of strikes were reduced.

Is it common for the defense, the prosecution and the judge to agree to move them around and work together like this?

Not common, but not a big shock either.

What might happen if an outburst, like what happened today, occurs during the trial?

IMO it would not be anywhere near enough for a mistrial. It is just the opinion of a stranger--how much is the jury likely to care?

Is it possible that this outburst, which was recorded as it happened, has enabled
the defense team to be more daring in their defense strategy knowing that if they
lose they can always appeal and have that video as 'evidence' a fair trial
was not possible at that time? (I wonder- Is there any connection known
between this woman of the outburst and the defense?)

No, the fact that a crazy person thought she was guilty will never ever be enough to convince an appellate court that a fair trial was not possible.

Will the DT be given a lot of leeway in their opening statement? I have watched and been present at trials where statements made in the opening statements were never even brought up again during the actual trial.

*One example is the Brad Cooper (Nancy) trial. The DT stated they would prove certain things and never did, or couldn't prove what they had said they would.

There is "leeway" in the sense that you are not required to fulfill every promise you made to the jury in opening arguments. On the other hand, the jury is likely to write down those promises and will not be happy if you don't do what you said you were going to do.

Will the fact that HHJP denied the request for additional peremptory challenges be upheld on appeal?

Yes.

 

[allycat1208]

If Casey did kill Caylee accidentally in which she would be convicted of manslaughter, what would be the difference if she had called the police on herself right away compared to covering up the accident? What would be the difference in sentences? What is the legal term when you intend to cover up a crime? Just a cover-up? I assume she would be given a harsher sentence for manslaughter and another crime. Also, is the act of lying to officers about the babysitter, her employment and other things called obstruction of justice?

 

[Cher352]

are inmates allowed access to hair cuts., hair dyes, and make up for all hearings? not just the actual trial? are they allowed them for trial?

I didn't see an answer to this one but I may have missed it, but along the same line:

Every time we have seen ICA over the last 3 yrs her brows are neatly shaped and this week she had bangs.

Are inmates allowed to have scissors, tweezers and mirrors? If not could the lawyers bring in these items for their clients to use during their visits?

I would have thought those type items would be banned as they could be used to inflect damage to herself of others.

 

[thumbtack]

How long after a (hopefully) guilty verdict is returned, is the sentencing? Thank you.

 

[mombomb]

I have heard several times that the SA probably has info that we are not aware of that we will hear about during the trial. Is this possible? Doesn't everything they have have to be disclosed? If they do have things, does the DT know about them or will they hear about them at the same time everyone else does? I hope this makes sense. Thank you for all you wonderful attorneys who answer our questions!

 

[AZlawyer]

If Casey did kill Caylee accidentally in which she would be convicted of manslaughter, what would be the difference if she had called the police on herself right away compared to covering up the accident? What would be the difference in sentences? What is the legal term when you intend to cover up a crime? Just a cover-up? I assume she would be given a harsher sentence for manslaughter and another crime. Also, is the act of lying to officers about the babysitter, her employment and other things called obstruction of justice?

I suppose the judge would be more likely to give a lower sentence if she had called the police right away.

A cover-up of a crime could constitute obstruction of justice. In this case, I believe Casey's lies to the officers are charged as "providing false information to a law enforcement officer."

I didn't see an answer to this one but I may have missed it, but along the same line:

Every time we have seen ICA over the last 3 yrs her brows are neatly shaped and this week she had bangs.

Are inmates allowed to have scissors, tweezers and mirrors? If not could the lawyers bring in these items for their clients to use during their visits?

I would have thought those type items would be banned as they could be used to inflect damage to herself of others.

I think people in jail figure out creative ways to pluck eyebrows, etc.

How long after a (hopefully) guilty verdict is returned, is the sentencing? Thank you.

If Casey is convicted of a death-eligible crime, the penalty phase should occur right away, ending with the jury's recommendation (death vs. LWOP). Then HHJP will schedule a separate proceeding for the lawyers to convince him whether or not to accept the jury's recommendation. Then there will probably be a separate sentencing hearing after that.

I have heard several times that the SA probably has info that we are not aware of that we will hear about during the trial. Is this possible? Doesn't everything they have have to be disclosed? If they do have things, does the DT know about them or will they hear about them at the same time everyone else does? I hope this makes sense. Thank you for all you wonderful attorneys who answer our questions!

The SA does not have any secret witnesses or evidence. If they did, they would not be allowed to use it at trial.

 

[mombomb]

I'm sorry - I don't mean to be dense, but does that mean that we have all the evidence there is to have? If the SA has it and they turned it over to the DT, then it became public and we at WS are aware of it? Thank you!

 

[AZlawyer]

I'm sorry - I don't mean to be dense, but does that mean that we have all the evidence there is to have? If the SA has it and they turned it over to the DT, then it became public and we at WS are aware of it? Thank you!

Yes, except for the things that we didn't pay for (copies of lots of depositions).

 

[Joanner]

Will each juror have a notebook in which to write important information for them to reach a verdict? If so, do they take the notebooks back with them to their rooms, or are they taken away each day?

 

[Wise Old Owl]

Question:

IF ICA takes the stand, can she then choose to answer certain questions with "I plead the 5th"?

 

[BuzzieCat]

If there is a juror that cannot/refuses to agree to a unanimous decision, can an alternate juror (if one is still left) be placed in at that point, or would it be too late and would be declared a hung jury?

 

[AZlawyer]

Will each juror have a notebook in which to write important information for them to reach a verdict? If so, do they take the notebooks back with them to their rooms, or are they taken away each day?

Yes, they will have notebooks. They will have to leave them at court when they go back to the hotel.

Question:

IF ICA takes the stand, can she then choose to answer certain questions with "I plead the 5th"?

No, she can't take the 5th for just selected questions.

If there is a juror that cannot/refuses to agree to a unanimous decision, can an alternate juror (if one is still left) be placed in at that point, or would it be too late and would be declared a hung jury?

No. If a juror refuses to agree, by definition it's not a unanimous decision , so it would be a hung jury.

 

[Wise Old Owl]

Yes, they will have notebooks. They will have to leave them at court when they go back to the hotel.



No, she can't take the 5th for just selected questions.


No. If a juror refuses to agree, by definition it's not a unanimous decision , so it would be a hung jury.

BBM


Thank you! So, IOW IF she takes the stand, the gloves come off and everything is fair game? Man, that is a risk - if JA can't get her riled then, most definitely LDB will. She can't refuse to answer. But what if she does? I mean, HHJP can't hold her in contempt - she's already on trial for her life.

What would happen if she did just refuse to answer a question?

 

[AZlawyer]

BBM


Thank you! So, IOW IF she takes the stand, the gloves come off and everything is fair game? Man, that is a risk - if JA can't get her riled then, most definitely LDB will. She can't refuse to answer. But what if she does? I mean, HHJP can't hold her in contempt - she's already on trial for her life.

What would happen if she did just refuse to answer a question?

I suppose it would depend how far the questioning had gone and how important the things she had already said were. I agree that the threat of contempt would not be the most effective tool in that situation. There could be a mistrial, or she could just be excused from the stand and the jury instructed to disregard whatever she had said.

If Casey does take the stand, I don't think she will try to take the 5th on anything--once she picks a story to tell, she doesn't seem to be thrown off by the fact that the story can be easily disproved.

 

[Wise Old Owl]

I suppose it would depend how far the questioning had gone and how important the things she had already said were. I agree that the threat of contempt would not be the most effective tool in that situation. There could be a mistrial, or she could just be excused from the stand and the jury instructed to disregard whatever she had said.

If Casey does take the stand, I don't think she will try to take the 5th on anything--once she picks a story to tell, she doesn't seem to be thrown off by the fact that the story can be easily disproved.

BBM

ICA could, herself, cause a mistrial? No, please don't tell me that. I don't think HHJP would rule a mistrial if she gets up there and plays games. Would he? Are there any "behavior specific" things that she could do that he would have no choice but to rule mistrial? Oh, I don't like this....................

 

[AZlawyer]

BBM

ICA could, herself, cause a mistrial? No, please don't tell me that. I don't think HHJP would rule a mistrial if she gets up there and plays games. Would he? Are there any "behavior specific" things that she could do that he would have no choice but to rule mistrial? Oh, I don't like this....................

If she got up and told "her side" completely, but then refused even under threat of contempt to be cross-examined, I suppose it's possible. Or, as I said, the jury could be instructed to disregard her testimony, if HHJP thought it was possible for them to disregard it.

Really, though, why would she want a mistrial? How about an acquittal? Isn't that the usual dream of the defendant? :waitasec:

 

[Wise Old Owl]

If she got up and told "her side" completely, but then refused even under threat of contempt to be cross-examined, I suppose it's possible. Or, as I said, the jury could be instructed to disregard her testimony, if HHJP thought it was possible for them to disregard it.

Really, though, why would she want a mistrial? How about an acquittal? Isn't that the usual dream of the defendant? :waitasec:

Well, the prosecution goes first. The DT will have a pretty good handled on where they stand by then. If its not looking good at all for ICA - then yea, I could see her causing a mistrial and have to start all over - after all it is about saving her life and a mistrial would keep her comfy cozy in her nice lil cell where she's at.

I don't know if you know this but I have to ask a question because it is the "question thread". :crazy:

Will the gallery / audience get to see all the evidence exhibits? For example, the autopsy photos - will those only be broadcast on the flat screens in the jury box and not a large screen for the room?