Motion to stop jail recordings: denied Thurdsay

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  • #161
Thank you! That is more detail then I knew before. But along the lines of what I thought would be the case.

Since it seems to be the focus of the defense team, it made me worried that I had it wrong. That it might be some sort of 'get out of jail free' card or something.
If I am reading this right,I think the defense team is asking to be able to meet with KC privately.if they cannot do that, then they won't be able to meet with her. if they can't meet with her, then she won't have proper counsel.
 
  • #162
If I am reading this right,I think the defense team is asking to be able to meet with KC privately.if they cannot do that, then they won't be able to meet with her. if they can't meet with her, then she won't have proper counsel.

They're like a lot of petulant kids threatening a tantrum if they don't get what they want.
 
  • #163
If I am reading this right,I think the defense team is asking to be able to meet with KC privately.if they cannot do that, then they won't be able to meet with her. if they can't meet with her, then she won't have proper counsel.

I understand that they are trying to reason it that way as a threat. I was just trying to understand what that threat actually meant. Which is why I began to think that I misunderstood what a mistrial meant. Just trying to understand the point of filing pointless motions. To see if it might some way actually HELP their client with their case.

BTW: Does anyone really thinks she has proper counsel now? :loser:
 
  • #164
They can meet with her in a room without a camera but JB claims it's not big enough to move around in. The choice is counsel's choice. If JB refuses to meet with KC because he does not like the accommodations the State is not violating her rights her counsel is and maybe she should think about getting new counsel, public defender perhaps. Sounds like the money has run out because they know the jail officials will not change the rules for one prisoner. JMO

Edit: Maybe one of her attorneys would like to see changes in the penal system and sees this as an opportunity to do so. I don't know. But any attorney who is vested this far into the case and claims they will refuse to meet with their client should turn in their license to practice. Complain, file motions all you want. Talk to your State Rep. but don't refuse to meet with your client. Me thinks the princess has fits of anger and they don't want them released. The judge would not let them be viewed he has already stated that as fact.
 
  • #165
I understand that they are trying to reason it that way as a threat. I was just trying to understand what that threat actually meant. Which is why I began to think that I misunderstood what a mistrial meant. Just trying to understand the point of filing pointless motions. To see if it might some way actually HELP their client with their case.

BTW: Does anyone really thinks she has proper counsel now? :loser:
I see, i kind of jumped in the middle there. IMO, it means if this qualifies as per se ineffective counsel, then the court has to investigate and make some sort of determination or that would be a strong appellate issue,imo.
So, back to your original question, i think they are just preserving all this for appeal and that is their motivation, jmho of course.
Also here is some easy information:
If the defendant claims that counsel is rendering ineffective counsel before or during trial, then a motion to dismiss or motion for mistrial should be filed. Counsel failures result in waivers of issues for appeal and may prejudice the defendant.
http://libertyinternational.wordpre...-claim-for-ineffective-assistance-of-counsel/
 
  • #166
Hey, JBean.....is there or is there not a court hearing today? The Court schedule still shows that there is. I am so confused.
 
  • #167
Hey, JBean.....is there or is there not a court hearing today? The Court schedule still shows that there is. I am so confused.

I am watching TRU TV. So far nothing has been mentioned.
 
  • #168
  • #169
Gmorning all! I have thoroughly enjoyed everyone's comments, as I had to bite my tongue (or fingers?) to refrain from posting on this subject at first, lest I get banned.

In a nutshell, I think this motion makes the defense sound completely INSANE. I mean more insane then their baby killing client. To say they are paranoid and desperate is an understatement.
They are trying to grasp at something, anything for an appellate issue because they have NO CASE. Instead of taking a plea early on, when it was obvious that they had backed themselves in a corner with the nanny story, they kept dragging this out and wasting tax payers money. This latest motion makes me picture JB on the floor pounding fists, kicking, and crying. Like a child who was denied candy or a toy by their mother.

As curious as many of us would be to view any of these A/C visits, I know most of us would rather gouge our eyes out before actually watching a video that could be grounds for appeal for casey anthony. But this is all moot because like you guys say, Judge S will NOT release these videos. They are too inflammatory and he has already said such.

I really do hope that the Judge tears the defense team to shreds after this. He already ruled on it for crying out loud.
 
  • #170
But if they did not preserve any and all appellate issues, they would really be ineffective counsel.
 
  • #171
Of course if KC is unhappy with her counsel she can always ask Dewey, Cheatham and Howe. I'm sure they would be happy to take her case. Lights, cameras, action.
 
  • #172
But if they did not preserve any and all appellate issues, they would really be ineffective counsel.

Just out of curiosity, wouldn't the first motion to keep A/C meetings from being recorded have sufficed to preserve appellate issues? Is it really necessary to file multiple motions on the same issue in order to do so?

TIA!
 
  • #173
I understand that they are trying to reason it that way as a threat. I was just trying to understand what that threat actually meant. Which is why I began to think that I misunderstood what a mistrial meant. Just trying to understand the point of filing pointless motions. To see if it might some way actually HELP their client with their case.

BTW: Does anyone really thinks she has proper counsel now? :loser:

You all are giving me "heart palpitations" as my old Auntie used to say - just even mentioning the word "mistrial"! Shudder....
 
  • #174
If you listen closely to Andrea's argument, she is concerned about the guards listening in over the intercom system ( the clicking noise she keeps hearing ), so even if the jail went to the extraordinary measure of stopping recording just for this one inmate, the defense would still say they are being spied on and listened to.
Let's see ...they tried to have the prosecutors thrown off the case
tried to lower the bond amount
tried to have the check trial held after the murder trial
tried to have the death penalty thrown out
tried to gain all of TES and Jesse and Tony, et al ,records
tried to have the recording destroyed of Casey's reaction to the news of the body being found
tried to have the state pay something for Henry Lee ( help me remember)
tried to have access to the woods during the time LE and FBI were there
tried to have their experts observe the autopsy
tried to have the autopsy not released to the public
tried to have a private funeral with Casey in the jail
tried to ask for private family meetings with Casey in the jail
tried to have counts on her charges dropped
tried to have the case dismissed
tried to object to the court inquiring about how the defense was being paid
tried to have Casey be allowed not to attend the hearings
tried to keep LP and his team's testimony out
tried to ask for a special master so that Dom would not be interviewed by LE
tried to have Andrea speak in open court before they even submitted her pro hac vice documents as required
tried to ask to be allowed to attend the state investigative subpoenaed deposition of Dominic although the judge had just ruled otherwise


now they are trying to ask if irrelevant statements by Kronk's ex wife may be introduced into evidence

and if Casey can plead guilty but take her punishment later despite the judge ruling that indeed the fraud case should be tried before the murder trial.

The judge to his credit has the patience of a kindergarten teacher, polite, fair and firm he just says no.
 
  • #175
I do remember the jail representative in court saying they were neutral ground. However, they did take orders from the SO to make sure Casey was placed where she would see the news report and the tape had to be saved and sent to them. Doesn't sound too neutral to me. Strange place Florida.
I suppose they could hire a guard that lip reads and then they would be able to report every word said to the client. Whoever that client would be, would you all approve of that ????
I cannot find fault with them wanting to be able to talk to a client without a tape that can be duplicated (since they did it before) over and perhaps given to almost anyone.

I thought the "Official Reason" was to judge her reactions to see if she needed medical assistance or should be put on suicide watch?
 
  • #176
I see, i kind of jumped in the middle there. IMO, it means if this qualifies as per se ineffective counsel, then the court has to investigate and make some sort of determination or that would be a strong appellate issue,imo.
So, back to your original question, i think they are just preserving all this for appeal and that is their motivation, jmho of course.
Also here is some easy information:
If the defendant claims that counsel is rendering ineffective counsel before or during trial, then a motion to dismiss or motion for mistrial should be filed. Counsel failures result in waivers of issues for appeal and may prejudice the defendant.
http://libertyinternational.wordpre...-claim-for-ineffective-assistance-of-counsel/

Thanks for the link!
From your link:
If a defendant claims before trial that counsel was ineffective in investigation, preparation, or for some other substantial reason, the trial court has a constitutional duty to conduct an inquiry sufficient to determine the truth and scope of the defendant’s allegations.

Bolding mine ... KC might have a problem there ... it seems to me the state and the court has been very cautious with respect to making sure KC knows what the defense is doing and agrees with it ... geez just look at the amount of attorney visits and the fact that she was ordered to attend every hearing on the motions ...
 
  • #177
BBM
I am wondering just how inadequate? the size of a broom closet, a toilet stall, a shoe box..What? What size is inadequate?? Seriously.

I would like Mr Baez to fully define or explain what he means by inadequate room to the Judge and OC Jail.

Maybe the other rooms don't have wifi.
 
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