UPDATED: Judge Postpones Ruling On Zenaida's Defamation Lawsuit
Tuesday, September 08, 2009 6:12:20 PM
<snipped> An Orange County judge postponed a decision Tuesday on whether to throw out a defamation lawsuit filed by a woman who claims Casey Anthony damaged her reputation.
“She wants to bring this to a conclusion. She wants a day in court. She wants to have some form of justice to come out of this, and we’re anxious to get there as fast as we can. And, of course, she’s frustrated,” said Keith Mitnik, Gonzalez’s attorney.
“We knew which what we’ve done and I think the judge is greatly troubled and understands the potential problems that exist with forcing her to answer questions during dependency of a case in which the death penalty is in play,” said Johnathan Kasem, Casey’s attorney.
The judge also delayed deciding on whether to postpone the defamation lawsuit until after Casey's criminal trial.
At the second hearing, scheduled for 3:15 p.m. Wednesday, Gonzalez’s attorneys will ask the judge to force Casey’s parents, George and Cindy Anthony, to answer more questions.
The Anthonys refused to answer certain questions at a deposition earlier in the year.
2nd Headline: Florida Bar Clears Baez Of Wrongdoing Casey Anthony's lead attorney Jose Baez has been cleared of any wrongdoing by the Florida Bar’s Grievance Committee.
Baez was under investigation following a complaint that he was receiving fees in the Casey Anthony Case and also had an agreement to publicize her story.
The grievance committee said after a through investigation, they found insufficient evidence that he violated any rules.
Casey Anthony: Civil-suit judge hints at delay, WESH says
posted by halboedeker on Sep 8, 2009 12:32:17 PM
<snipped> "The judge is not going for that motion to dismiss this particular suit but he did send a very strong signal that he is considering permanently putting it on the back burner until after the criminal case against Casey is over," WESH-Channel 2's Bob Kealing said on the noon news.
Kealing quickly laid out the court battle: Anthony's defense calls it a frivolous lawsuit that she shouldn't have to fight while she's fighting for her life in the murder trial. Gonzalez's lawyers say their client shouldn't have to wait years for justice.
"Judge Jose Rodriguez says this a very difficult balancing act," Kealing said. Although Rodriguez hadn't ruled and said he would need to study the matter further, Kealing said the judge was sending a strong message that he would put off the civil matter.
WFTV-Channel 9's Mary Nguyen also reported that Rodriguez hadn't ruled in the matter and highlighted that Gonzalez's lawyers were asking that Casey Anthony be ordered to answer questions she had refused to answer
"The judge didn't rule on any of the motions he heard today, because he said he wanted to think about it," Nguyen said.
The defense asked the judge to move the defamation trial after the criminal case, and Rodriguez said he would make a ruling in two to four weeks, Nguyen said.
UPDATED: Florida Bar: Casey Anthony attorney Jose Baez did not violate bar rules Responding to a complaint about attorney Jose Baez and how he is getting paid, The Florida Bar said Baez broke no ethical rules.
6:42 p.m. EDT, September 8, 2009
<snipped> In a Sept. 9th letter from the Bar's grievance committee, the chairman David Golden said the committee "has determined that there is insufficient evidence to establish that Mr. Baez violated" Florida Bar rules and that the case is closed.
The committee began to look into the matter after a self-described freelance journalist and author Shannon Stoy filed a complaint in February. She is president of Blink Development Group, LLC, in Pennington, N.J.
Specifically, she charged that Baez may have entered into an agreement to reap money for representing Casey Anthony by publicizing the young Orlando woman's story.
Baez responded in writing to the grievance committee's questions, "in which he explained that his retaining agreement with Ms. Anthony does not contain any clauses that allow Mr. Baez financial gain based on selling the rights of Ms. Anthony's case," Golden wrote.
"Even though I knew these Bar complaints, including the two decided this week, were unfounded, it is always good to know that my peers at The Florida Bar agree," Baez said.
Baez told the Bar that he did not have to compensate Press Corps Media for media relations services because those services were "provided gratuitously," Golden wrote.
This is the third complaint for which the Bar has found no violations.
Casey Anthony: Did the judge in civil suit send a signal or not?
posted by halboedeker on Sep 8, 2009 6:46:27 PM
<snipped> Jonathan Kasen, Anthony's civil attorney, asked the judge to delay or throw out the case.
"Earlier this year the same judge denied such a request," WKMG-Channel 6's Mike DeForest said. "But today in court, he made a stunning admission."
"I may have been wrong," Orange Circuit Court Judge Jose Rodriguez said. A new decision on delaying the case could come in a month.
What did Rodriguez's comments mean?
"The judge is not going for that motion to dismiss this particular suit but he did send a very strong signal that he is considering permanently putting it on the back burner until after the criminal case against Casey is over," WESH-Channel 2's Bob Kealing.
But DeForest said: "Based on many of the judge's comments today, many in the courtroom felt like he was leaning toward postponing that civil case, but the judge stressed he has not made any decision yet."
WESH anchor Martha Sugalski asked, "Where's the harm in Casey taking the stand and answering one question?"
Kealing replied, "In this civil case, the judge could order her to answer. But Casey's lawyer says it would open the door to more questions, cross examination, and he says prosecutors in the murder case could be sitting right there in the courtroom taking notes and later use her answers against her."
Judge Could Force George, Cindy To Talk
Posted: 5:54 pm EDT September 8, 2009
Updated: 10:03 am EDT September 9, 2009
<snipped> The attorneys for Zenaida Gonzalez say George, Cindy and Lee Anthony have been combative and uncooperative during depositions.
Mitnik will go before the judge Wednesday and ask him to order the Anthonys to answer some more of his questions. If the judge orders the Anthonys to answer the questions and they refuse they could be held in contempt of court.
"We thought it was inappropriate for him not to answer. He has no Fifth Amendment rights, so we expect some answers," Mitnik said.
George and Cindy Anthonys' attorney, Brad Conway, said he doesn't feel his clients should have to answer the questions, because it may be used in the criminal case. He also feels the other attorneys are using the depositions inappropriately by distributing it to the media and have created unnecessary scrutiny for the Anthonys.
Gonzalez's attorneys are also upset at private investigator Dominique Casey. He didn't even show up for his deposition.
Brad Conway said the Anthonys will probably not show up Wednesday. The hearing is set for 3:15 Wednesday.
UPDATED: Lawyers Drop Motion To Force Anthonys' Testimony
Wednesday, September 09, 2009 6:10:53 PM
<snipped> Lawyers for Gonzalez dropped the motion because they said they have been able to get the information the Anthonys did not want to talk about through other sources including FBI tapes.
Ther was also a motion to require Dominic Casey, an investigator hired by the Anthonys in July, to show up for a deposition. There was a deposition scheduled in March and he did not show up.
Investigator Casey argued that he was covered by confidentiality agreements and does not have to answer questions because of privilege.
The judge denied that motion.
A Circuit Judge postponed a decision on whether to throw out the defamation lawsuit filed by Gonzalez.
The judge also delayed deciding whether to postpone the defamation lawsuit until after Casey's criminal trial on a first-degree murder charge.
UPDATED: Casey Anthony civil case: PI Dominic Casey testifies but George, Cindy Anthony don't have to answer questions A judge is hearing more arguments today in the defamation case against Casey Anthony.
6:36 p.m. EDT, September 9, 2009
<snipped> He testified today he entered into contracts with the family and the defense team as early as July 27, 2008 --12 days after Casey Anthony's daughter, Caylee Marie, was reported missing.
Orange Circuit Court Judge Jose R. Rodriguez will review the contracts.
The hearing today was going to focus on whether George and Cindy Anthony were going to have to answer questions they objected to during their depositions in April.
Gonzalez's attorney, Keith Mitnik, withdrew his request, saying the information they sought could be obtained from other sources, such as FBI interviews with the parents.
He also said he is withdrawing his request to force Casey Anthony to answer written questions. He didn't want that issue to delay the case.
The issue of whether Dominic Casey would give depositions dominated the hearing.
Dominic Casey gained notoriety in January when a video surfaced of the private investigator searching in November near the wooded area where Caylee's remains were found a month later. A fellow private investigator who took the video told authorities that Dominic Casey got a tip of where to find the toddler. They searched but didn't find anything.
Dominic Casey had confidentiality agreements with the Anthonys, Casey Anthony and Jose Baez. "I was to investigate the circumstance surrounding the disappearance of Caylee Marie Anthony," he said.
He did say he ended the contract with Baez on Oct. 1.
UPDATED: Gonzalez Drops Motion To Force Anthony Testimony Hearing Held In Casey Anthony Civil Case
POSTED: 8:50 am EDT September 9, 2009
UPDATED: 5:55 pm EDT September 9, 2009
<snipped> The attorneys representing Zenaida Gonazalez have dropped their motion to compel George and Cindy Anthony to answer more questions in the defamation lawsuit against their daughter Casey.
Gonzalez's attorney, Keith Mitnik, said Wednesday that the information he needs from George and Cindy Anthony can already be found in the transcripts of FBI interviews and other evidence related to Casey's murder trial.
That's why Mitnik decided to stop pursuing the Anthonys.
That means the hearing will focus instead on the Anthony's private investigator, Dominic Casey, the private investigator who worked for the Anthonys. He refused to be deposed this Spring, claiming any information he had was privileged because he worked for the family.
Judge Jose Rodriguez did agree to put Dominic Casey on the stand on Wednesday. Casey was questioned for about 30 minutes, but did not provide Gonzelez's attorneys with what they wanted.
UPDATED: Anthony’s won’t have to answer questions
Updated: Wednesday, 09 Sep 2009, 6:00 PM EDT
Published : Wednesday, 09 Sep 2009, 2:31 PM EDT
<snipped> The civil case against Casey Anthony was back in court Wednesday afternoon and in a surprise move lawyers for Zenaida Gonzalez, the woman who is suing the accused killer for defamation, decided they no longer need to know answers to questions Cindy and George Anthony refused to answer during depositions.
In court Wednesday Gonzalez’s attorney Keith Mitnik told the court he no longer needed to know answers to questions that were given to Cindy and George Anthony during depositions that they refused to answer.
Instead the only motion heard had to do with Dominic Casey who at one time was the private investigator for the Baez Law Firm who represents Casey Anthony. Dominic Casey was then retained by Cindy, George and Casey Anthony.
“I was surprised. We got a different impression from depositions of Cindy and George Anthony. Our impression is he was working for them in trying to find the disappearance of their granddaughter not involved in murder case. That was a bit of a bombshell to me,” said Mitnik.
For now Dominic Casey will have to turn over contracts he signed with the Baez Law Firm and the Anthony family and the judge said he will not have to answer questions for Gonzalez’s attorneys.
Civil Judge: Anthony P.I. Won't Testify Casey Anthony Accused Of Defaming Woman Named Zenaida Gonzalez
POSTED: Wednesday, September 9, 2009
PDATED: 7:08 pm EDT September 9, 2009
<snipped> The judge did rule that private investigator Dominic Casey would not have to sit down for a deposition.
Gonzalez's attorneys had hoped to question Casey about why he searched the woods where Caylee's remains were later found.
Casey fought the issue, claiming that he was working on behalf of Casey Anthony and that his comments are protected by attorney-client privilege.
Anthony's parents, George and Cindy Anthony, refused to respond to several questions when deposed by Gonzalez's attorneys, who wanted a judge to force the Anthonys to answer the questions.
Gonzalez's attorneys said Wednesday they can get information they were seeking from the Anthonys from other sources, such as police reports.
Gonzalez's attorneys have also withdrawn a written questionnaire to Casey Anthony, hoping the move will prevent the judge from delaying the civil case. The judge said at a hearing on Tuesday that it may be a month before he decides whether to postpone the civil case until the completion of Casey Anthony's murder trial, which is scheduled to begin next year.
UPDATED: Judge Says Private Eye Doesn't Have To Testify
Posted: 6:01 pm EDT September 9, 2009
Updated: 6:49 pm EDT September 9, 2009
<snipped> Lawyers were in court Wednesday hashing out motions in the Zenaida Gonzalez civil case. Her attorneys already withdrew demands to question Casey's parents again, but they wanted a crack at the family's private eye, Dominic Casey.
Zenaida Gonzalez's attorneys scheduled the hearing to ask the judge to hold D. Casey in contempt, because he did not show up to his deposition. In a very odd move, the judge allowed Dominic Casey to take the stand and testify before he made a ruling.
The private eye's attorney argued that he was hired by the Anthony family and Jose Baez, so he has privileged information and did not have to testify. Keith Mitnik, the attorney for Gonzalez, argued he needed to ask those questions before that determination could be made. So, D. Casey's attorney suggested taking his testimony and the judge agreed.
The judge ruled Dominic Casey did not have to be deposed, with the condition that he show the contracts to the judge stating he was indeed employed by the Anthony family and Jose Baez.
Casey Anthony: Might the judge not postpone civil trial? WKMG asks
posted by halboedeker on Sep 9, 2009 6:31:59 PM
<snipped> "The purpose of this hearing was to determine whether Dominic Casey should be forced to give a sworn deposition," WKMG-Channel 6's Mike DeForest said.
WKMG showed the contrasting arguments: His attorney, Diana Tennis, said no.
"If he's an investigator, I want to know: Were you looking for Zanny the nanny?" Mitnik said. "If he wasn't, that sure goes a long way to showing nobody really believes anything Zanny the nanny. Why does that matter to my client? She ultimately became the Zanny the nanny."
But Judge Jose Rodriguez ruled that Gonzalez's attorneys won't be allowed to question the private investigator. "The judge says his information would be privileged," DeForest said.
Gonzalez's attorneys were asking the judge to hold the private eye in contempt for not showing up for a deposition, WFTV-Channel 9's Mary Nguyen reported. Gonzalez attorney Mitnik pressed to interview Dominic Casey today, and the judge agreed. Nguyen termed the judge's decision "a very odd move" before delivering his ruling.
The scene in court? Hot. "There were heated exchanges between the judges, the two attorneys and Dominic Casey," Nguyen said. "They were all arguing over whether or not Casey was employed by the Anthony family."
In another development, WKMG reported that Gonzalez's attorneys said Casey Anthony would no longer have to answer a questionnaire that they submitted to her in jail.
The meaning of that move? The judge indicated that he might not postpone the defamation suit, DeForest said.
George and Cindy Anthony won't be required to answer more questions in defamation suit
September 9, 8:25 PM
<snipped> On Wednesday, attorneys for Zenaida Gonzalez dropped their request to have George and Cindy Anthony answer more questions regarding the defamation suit against their daughter, Casey Anthony.
During the couple’s initial depositions, each refused to answer certain questions asked of them. Zenaida’s lawyers said they have been able to garner the information from other sources including FBI tapes.
Zenaida’s legal team also asked that the private investigator hired by the Anthony’s during the search for Caylee be required to sit for a deposition in the case. Dominic Casey argued he was covered by confidentiality agreements with the family and is not required to answer questions due to privilege.
The judge denied that motion.
On Tuesday, a judge postponed making a decision as to whether the defamation would be delayed until Casey’s criminal trial is completed.
Zenaida's Lawyers Fight For Casey Civil Suit Lawyers: 'There Is No Room For Sympathy'
POSTED: 10:33 am EDT September 10, 2009
UPDATED: 11:00 am EDT September 10, 2009
<snipped> In newly filed court papers, attorneys for Zenaida Gonzalez said they're willing to drop their quest to force Casey Anthony to answer questions if it means their defamation suit does not get put on the back burner.
In their argument, Gonzalez's lawyers said "there is no room for sympathy because a civil defendant has serious criminal problems."
This week, the judge said he wanted to reconsider delaying Gonzalez's suit because Anthony is now facing a death penalty trial. He's expected to rule on this issue in about a month.
State Wants Anthony's Defense Evidence Prosecution Says Fla. Law Requires Alleged Evidence Of Innocence Be Turned Over
POSTED: Thursday, September 10, 2009
UPDATED: 4:57 pm EDT September 10, 2009
<snipped> The state attorney is requesting that Casey Anthony's defense team turn over evidence regarding their claim that Anthony is innocent in her daughter's death.
The prosecution said the defense must turn over evidence supporting Anthony's innocence in accordance with Florida law.
If the defense refuses, the prosecution is asking Judge Stan Strickland to order the evidence to be handed over.
In a motion filed Thursday, the state said either the evidence does not exist, or the defense is violating a rule that requires them to share whatever it expects to be used as evidence at the trial.
State Wants Evidence From Casey's Defense Team
Posted: 4:31 pm EDT September 10, 2009
<snipped> In the murder case against Casey Anthony, the prosecution said Thursday it wants to see all the evidence to support the claim that Casey didn't kill her 2-year-old daughter.
Casey has maintained someone else took Caylee last summer and dumped her body in the woods off Suburban Drive.
On Thursday, the state filed a motion asking the judge to force her defense team to release all the evidence that supports that claim.
Prosecutors: Show Us Evidence Of Who Dumped Caylee Motion Filed In Casey Anthony Case
POSTED: 4:28 pm EDT September 10, 2009
UPDATED: 4:48 pm EDT September 10, 2009
<snipped> Prosecutors want defense attorneys to provide documents about their claim that someone other than Casey Anthony disposed of her daughter Caylee's body.
In a motion filed late Thursday, the state attorney's office asks a judge to order Anthony's attorneys to turn over "the names and addresses as well as all supporting documentation" about their claim, which was made in court as recently as last month.
Prosecutors said they have the right to review the evidence as part of the discovery process, where each side turns over evidence in preparation for a trial.
The defense has suggested there is evidence that Casey Anthony was in jail at the time when Caylee's body could have been dumped. They point to searches of the area that did not turn up the body, including during a time Anthony was in jail.
Marti McKenzie, a defense team spokeswoman, said Thursday, "Mr. Baez will always follow the appropriate rules and regulations of the law in Florida."
Casey Anthony case: State wants documents supporting defense claims
5:10 p.m. EDT, September 10, 2009
<snipped> According to the state's motion filed today, defense attorney Todd Macaluso told the court on Aug. 21: "there's substantial evidence, that we've discovered . . . that the body or the remains of Caylee Anthony were placed there after Casey Anthony was locked up in the Orange County Correctional facility."
The state is asking that a judge compel the defense to provide names, addresses and all supporting documentation relative to their claim.
In their motion, prosecutors state "all forensic evidence to date establishes that the remains of Caylee Marie Anthony had been deposited at that location many months prior to Dec. 11, 2008."
Prosecutors argue Anthony's defense team has reciprocal discovery obligations. The only response Anthony has made toward fulfilling her obligation was defense witness lists.
"The only conclusion this Court can draw from the fact that no additional reciprocal discovery exhibit has been filed is (1) the exculpatory evidence does not exist, or (2) the defendant is intentionally violating the rules of discovery," the motion said.
New motion filed in Anthony case
Updated: Thursday, 10 Sep 2009, 5:51 PM EDT
Published : Thursday, 10 Sep 2009, 5:50 PM EDT
<snipped> The state attorney’s office filed a new motion Thursday in the Casey Anthony case demanding new information from Casey Anthony's defense team.
Last month a defense team attorney told the court there's substantial evidence Caylee's remains were placed in a wooded area after Casey Anthony was locked up in the Orange County jail. Those remains were found December 11, 2008, near the Anthony home on Suburban Drive.
Now the state wants to know who those witnesses are. Prosecutors claim the law requires the defense to update its witness list.
Casey Anthony: State wants to see defense's evidence about dumping of Caylee's remains
posted by halboedeker on Sep 10, 2009 7:06:38 PM
<snipped> WFTV-Channel 9 anchor Martie Salt summed up the development this way: "The prosecution said it wants to see all the evidence to support the claim Casey didn't kill her 2-year-old daughter. Casey has maintained that someone else took Caylee last summer and dumped her body in the woods off Suburban Drive. Today the state asked the judge to force her defense to release all the evidence that supports that claim."
Kealing added: "Under the rules of discovery, prosecutors say they're entitled to know what the evidence is and who Casey's defense will put on the stand to support it." Prosecutors expressed "strong skepticism that this evidence even exists."
Defense attorney Jose Baez's spokeswoman told Kealing that the attorney will follow the appropriate rules. "Presumably, he is going to turn over whatever evidence he has," Kealing concluded.
.I. Won't Testify 
