Legal Questions for our VERIFIED Lawyers #3

[biggirl]

Did the DT and SA ever agree on their use of pictures etc during opening arguments?? Didn't JP say if they could not agree he would be available over the weekend?? I just wondered if they had a hearing today that we did not hear about or maybe tomorrow at 8:30 when they have 7 minutes to "flap their lips" or something like that.

 

[SoCalSleuth]

I'm not sure if you would call this a legal question but here it goes. So since KC has been in a "protective" cell will she be moved in to population right when the verdict is given?

It's up to the prison authorities to ultimately determine if she is kept in isolation from the general population or moved into it. High profile case and child killer--too many people might want to get famous by offing her in prison. KC could also request to be put into protective custody, but again, the ultimate decision is with the prison authorities.

Hate to quote my own post, but no one seemed to address my question directly. I can see from some of the answers to other posters, that it "could" become a problem, but would it result in a mistrial if they run out of alternates and they come up one short if one of the original jurors needs to be excused?

Yes, if they run out of alternates and one of the 12 seated jurors is excused there will be a mistrial--unless all sides agree to continue with 11 jurors.

Did the DT and SA ever agree on their use of pictures etc during opening arguments?? Didn't JP say if they could not agree he would be available over the weekend?? I just wondered if they had a hearing today that we did not hear about or maybe tomorrow at 8:30 when they have 7 minutes to "flap their lips" or something like that.

If there was any agreement reached it hasn't been publicly acknowledged. They could not have had a hearing on the issue today because the hearing would have to have been public. IIRC, the court gave them 7 minutes to discuss this tomorrow morning.

 

[Fluffy Puppy]

Oh lawyers... yoo hoo, counselors?
A couple of times in my following trials, I have heard a judge give a wonderful statement to jurors about circumstantial evidence. It is about how it is legitimate evidence that can be given weight. Is this a common instruction and has/will HHJBP be giving a similar instruction in initial juror instructions about direct and circumstantial evidence or don't they necessarily do that in FL?
Thanks in advance.

 

[lauriej]

..in regards to "sealed evidence".

..as we know, the pics of the 'remains' have been sealed. i would imagine the jury will (unfortunately) have to view them.

..1. will it be only the jury shown these on the monitors in the jury box? ( and not everyone who happens to be in court that day? )

..2. once they are shown @ trial, does this mean they are ( for lack of better words ) UN-released / Un-sealed , and might make it to public view somehow? ( i sincerely hope not ).

 

[Joanner]

Will the SA ask for George, Cindy, and Lee to be declared hostile witnesses before they start the questioning, or does the request happen when they become, well, hostile?

 

[rhornsby]

Oh lawyers... yoo hoo, counselors?
A couple of times in my following trials, I have heard a judge give a wonderful statement to jurors about circumstantial evidence. It is about how it is legitimate evidence that can be given weight. Is this a common instruction and has/will HHJBP be giving a similar instruction in initial juror instructions about direct and circumstantial evidence or don't they necessarily do that in FL?
Thanks in advance.

There is no longer a separate circumstantial evidence instruction in Florida. Although I am sure CM will ask for it.

 

[SoCalSleuth]

Oh lawyers... yoo hoo, counselors?
A couple of times in my following trials, I have heard a judge give a wonderful statement to jurors about circumstantial evidence. It is about how it is legitimate evidence that can be given weight. Is this a common instruction and has/will HHJBP be giving a similar instruction in initial juror instructions about direct and circumstantial evidence or don't they necessarily do that in FL?
Thanks in advance.

HHJBP will definitely give an instruction on circumstantial evidence. It is a standard jury instruction. You can find it on the Florida Supreme Court website--click on the attorney section.

..in regards to "sealed evidence".

..as we know, the pics of the 'remains' have been sealed. i would imagine the jury will (unfortunately) have to view them.

..1. will it be only the jury shown these on the monitors in the jury box? ( and not everyone who happens to be in court that day? )

..2. once they are shown @ trial, does this mean they are ( for lack of better words ) UN-released / Un-sealed , and might make it to public view somehow? ( i sincerely hope not ).

Sometimes the photos are shown on monitors, sometimes the photos are physically handed to the jurors and then passed between them. If on the monitors, I guess whomever can see them will see them. Once they are published to the jury they are unsealed--however, upon request the judge can keep them sealed.

Will the SA ask for George, Cindy, and Lee to be declared hostile witnesses before they start the questioning, or does the request happen when they become, well, hostile?

They would have to become "hostile" before the SA could request that they be declared so. All this means is that the SA can ask them leading questions. Since the SA will be calling them on direct--and therefore asking them leading questions--there is really no point in asking that they be declared hostile. If they are also called by the defense and the SA is cross-examining them, then they could request that they be declared hostile.

 

[SoCalSleuth]

I stand corrected. Thanks Rhornsby! It must be my menopause brain--I actually thought I saw that instruction this morning!

 

[cleo612]

Since I am not sure what the rules are in Florida, I thought I would ask the question here. (My paralegal experience was in other states, so I am not sure of the correct answer as it pertains to Florida.)

During the instructing of the jury as they head in to deliberate in the guilt phase, will Judge Perry inform the jurors of the penalties for each charge, or is this an "unknown" factor to the jurors?

In other words, will the jurors know that if they find ICA guilty of one of the lesser included charges she will only receive _____ (fill in the blank as appropriate) years behind bars?

 

[AZlawyer]

Someone sent me a private message asking me this question, and since I am not sure what the rules are in Florida, I thought I would ask the question here. (My paralegal experience was in other states, so I am not sure of the correct answer as it pertains to Florida.)

During the instructing of the jury as they head in to deliberate in the guilt phase, will Judge Perry inform the jurors of the penalties for each charge, or is this an "unknown" factor to the jurors?

In other words, will the jurors know that if they find ICA guilty of one of the lesser included charges she will only receive _____ (fill in the blank as appropriate) years behind bars?

No, the jurors will not be instructed about the potential sentences for each charge.

 

[allycat1208]

What happens if a witness is declared hostile?

 

[uklaw]

Can the Defense introduce comments by ICA to rebut and/or put in context contentions by the Prosecution about the "Zanny" story.

Specifically, I am thinking of Casey's comments in 2006 where she mentiond Zanny. Defense could argue that this was a long-standing lie and not something developed in 2008 to cover up any homicide and therefore rebut pre-meditation.

 

[Themis]

What happens if a witness is declared hostile?

The attorney questioning the witness gets to ask "leading" questions, as if on cross examination.

For example, if on "direct examination" the attorney would say, "What color was the traffic light? Answer: "Red."

If hostile or on cross examination, the attorney would say, "The traffic light was red, wasn't it? Just answer yes or no."

In short, with a hostile witness or on cross examination the attorney can ask questions where the answer itself is suggested in the question. The attorney is "leading" the witness to the answer.

 

[AZlawyer]

What happens if a witness is declared hostile?

Not much lol. Actually, the only difference is that the attorney can ask the witness leading questions rather than open-ended questions.

Can the Defense introduce comments by ICA to rebut and/or put in context contentions by the Prosecution about the "Zanny" story.

Specifically, I am thinking of Casey's comments in 2006 where she mentiond Zanny. Defense could argue that this was a long-standing lie and not something developed in 2008 to cover up any homicide and therefore rebut pre-meditation.

Definitely.

 

[Themis]

Can the Defense introduce comments by ICA to rebut and/or put in context contentions by the Prosecution about the "Zanny" story.

Specifically, I am thinking of Casey's comments in 2006 where she mentiond Zanny. Defense could argue that this was a long-standing lie and not something developed in 2008 to cover up any homicide and therefore rebut pre-meditation.

Yes. They have to have a witness to testify to that conversation though and if it is not ICA who spoke those words and is the person testifying, then it cannot be introduced to prove the truth of the matter asserted or it has to be an exclusion from or exception to the hearsay rule.

 

[uklaw]

Not much lol. Actually, the only difference is that the attorney can ask the witness leading questions rather than open-ended questions.



Definitely.

Thanks for that AZ. Just wanted to check it wouldn't be covered by hearsay laws (although it wouldn't be offered for the truth of the matter but you know )

 

[beach]

I am LIVID that Cindy Anthony is furiously taking notes! She is a material witness and she should not be allowed to take notes during this trial. She needs to be grateful that she is allowed to even be in that courtroom.

I know that court security was ordered to remove the teddy bear she was holding (er...propaganda much?), but I want that notepad ripped out of her hands!

Is she allowed to do this considering she has to testify several times? Or could it be that HHJP isn't aware yet?

 

[thumbtack]

Are we going to get any heads up on the order of witnesses? Will we know the night before who the next day's witnesses are?

 

[AZlawyer]

I am LIVID that Cindy Anthony is furiously taking notes! She is a material witness and she should not be allowed to take notes during this trial. She needs to be grateful that she is allowed to even be in that courtroom.

I know that court security was ordered to remove the teddy bear she was holding (er...propaganda much?), but I want that notepad ripped out of her hands!

Is she allowed to do this considering she has to testify several times? Or could it be that HHJP isn't aware yet?

HHJP has decided she is "next of kin" to Caylee and therefore granted an exception from the rule excluding witnesses. IMO the exception is complete, so she can take notes. I am not worried--what's she going to do, change her story again? She will be impeached by her prior statements, of which there must be a dozen by now.

Are we going to get any heads up on the order of witnesses? Will we know the night before who the next day's witnesses are?

I doubt it. The defense asked for this and HHJP said no.

 

[AZlawyer]

Yes. They have to have a witness to testify to that conversation though and if it is not ICA who spoke those words and is the person testifying, then it cannot be introduced to prove the truth of the matter asserted or it has to be an exclusion from or exception to the hearsay rule.

Thanks for that AZ. Just wanted to check it wouldn't be covered by hearsay laws (although it wouldn't be offered for the truth of the matter but you know )

I don't think the defense would be introducing those statements to prove that there really WAS a Zanny in 2006, but in any event I believe there is an exception or exclusion for rebutting an allegation of recent fabrication.