Motion to Take Deposition to Perpetuate Testimony of Jill Kerley

[The World According]

Yes, welcome back Mr. Hornsby. Happy Valentine's day to you and your new bride.

 

[SallyLu]

Ahhhhhhhhhhhhhh, welcome back Mr Hornsby!!

You sure have been missed!

 

[SCSam]

You have been sorely missed. Please stay awhile...

 

[RR0004]

I went back and checked......the 1/25 hearing where Casey plead guilty to the check fraud charges the judge did say for both sides to get together about the discovery dates. However, I did not see anything mentioned about witness lists being a part of that. I do know that SA has complained about not getting a witness list and that they did not want to be bombarded with an extensive witness list at the last minute that they would have to scramble to depose everyone on. Therefore, I would say that the defense does NOT get a pass on the witness list. The defense needs to get off the extra motions and do what they are required to do.

MOO

Thanks...that's what I thought...still no witness list. Sheeeeesh!!

 

[RR0004]

The state can "depose" Ms. Kerley first because the purpose of a deposition is to prepare for trial by questioning a witness about what they would testify to at trial, their background, etc.

And since the purpose of Perpetuating Testimony is to preserve a person's testimony as it would come out in trial, the State is entitled to take the deposition, then take that information and prepare to impeach her credibility when she testifies in trial.

And since the perpetuated testimony will be her trial testimony, they are entitled to prepare for it before it can be perpetuated.

Thanks...that was a mouthful, huh? I'm glad someone in this case is actually being proactive.

ETA: this is all "in case" she's actually a witness...which I'm not sure she will be. Perpetuating her testimony doesn't lock her (or her statements) into being called, does it?
Thanks for popping in.

 

[Kentjbkent]

I SUSPECT (predict) this deposition will not even take place!

I SUSPECT that SA may have already received, or will receive this week, notification from JK's attorney requesting a cancellation/rescheduling of the depo "based on complications of the current illness of JK".

I SUSPECT that JK was assured by Team Baez that while he was "perpetuating her testimony" (with prosecution present), that he would be "easy on her"...not ask hard questions....help make this all go away...

I SUSPECT it never occurred to Team Baez or JK that SA would file their investigative deposition FIRST, thus giving them the first shot at documenting JK story. Baez probably thought he was in complete control of the JK situation.

I SUSPECT there is a LOT of panic going on thanks to the expertise of JA, LDB and the entire prosecutors office!

I PREDICT this whole saga is going to quietly just disappear and months from now, we are going to be asking "What ever happened to the JK thing?????!!!!!!!"

 

[The World According]

I agree with you Kent , this has turned into waaaaay more than Ms. Kerley could have imagined. I do think that even if they ask to reschedule it, the state is going to depose her ...they said they were doing it via Skype, which she could manage even if in a hospital bed, so long as she was coherent. I do think she will think it is in her best interest to do a full 180 and make her testimony so that it will clearly be not relevant to this case, to nip this is the bud as soon as possible.Since she was not under oath while talking to Andrea's brother, Mr. Lyon and the investigator, Mort...the defense has no recourse against her if her memory is now different. The reason the state wants to get her on the record, in my opinion is to take the air out of the other Kronk related witnesses the defense has lined up. It will set the tone, for the defense and those witnesses that every claim they make is going to be held to tests and scrutiny. It may deter a lot of the would be nonsense.

 

[The World According]

So, it is one week from today when the prosecution will be questioning Ms. Kerley. :woohoo:

 

[CarolinaMoon]

So, it is one week from today when the prosecution will be questioning Ms. Kerley. :woohoo:

I wonder how long it will take the State to let us see her deposition?

At first it would be done by Skype, but now I'm hearing the attorneys are going to Tennessee.

Oh, to be a fly on the wall... I'm so.... nosey!:dance:

 

[The World According]

I wonder how long it will take the State to let us see her deposition?

At first it would be done by Skype, but now I'm hearing the attorneys are going to Tennessee.

Oh, to be a fly on the wall... I'm so.... nosey!:dance:

I much prefer for them to go in person...it is much more unsettling for the deponent. It was Andrea suggesting Skype.

 

[cyberborg]

I much prefer for them to go in person...it is much more unsettling for the deponent. It was Andrea suggesting Skype.

Completely agree. Skype provides a cloak of anonymity. This is the best news!

Especially since the SA will ask follow-up questions to explore the credibility of the statements while watching JK's body language and responses. It is one thing to make such statements to the Defense/PI, who are supportive of them and just take them at face value, completely another to be under cross examination.

I have been under cross examination as a witness and even when you are telling the truth you feel the pressure and the attempts to trip you up.

 

[RR0004]

Completely agree. Skype provides a cloak of anonymity. This is the best news!

Especially since the SA will ask follow-up questions to explore the credibility of the statements while watching JK's body language and responses. It is one thing to make such statements to the Defense/PI, who are supportive of them and just take them at face value, completely another to be under cross examination.

I have been under cross examination as a witness and even when you are telling the truth you feel the pressure and the attempts to trip you up.

Up front and personal...can't be easy having to face down a bear.

Is there a link to the statement that the State's going to Tenn.? TIA

 

[CarolinaMoon]

February 12

Prosecutors will question Kerley under oath via Skype on February 25.

http://www.wftv.com/news/22546056/detail.html

February 15

Prosecutors in Anthony's murder trial are preparing to travel to Knoxville, Tenn., to question Jill Kerley, the ex-wife of Roy Kronk. Kronk discovered Caylee Anthony's remains.

http://www.wesh.com/news/22572175/detail.html

We'll have to see! I agree that face-to-face would be best for the reasons given by The World According, RR0004 and Cyberborg.

Also, I think Ms. Kerley found it fairly easy to do the interview with the PI. I'm sure they had a pleasant chat for quite a while and then did the video with all the right questions and all the right answers.

Now, for the deposition, there will be no friendly chit-chat, just some hard questions to answer under oath. There will be no comfy recliner in the attorney's office. Plus, Kerley will now need to pay that attorney to advise her during the process.

You can be sure that they will somehow get around to her little problem with bad checks, jail time, and probation.

I feel bad that she has to go through all of this because she must be feeling awful due to her chemotherapy. I'm not sorry for her, though, since she had so much dirt to dish about her ex. I do wonder if she realized what she was getting herself into when she decided to talk to the PI.

I don't know if she's telling the truth or not on those original videos, but the events are so remote in time that the judge may consider her testimony unusable.

Also, I wonder if the defense foray into the duct tape zone is a good idea. Richard Hornsby put it very nicely:

But Hornsby said the defense team's suggestion that meter reader Roy Kronk should be considered a suspect could backfire. The defense has pointed to Kronk's supposed use of duct tape. In effect, Hornsby said, the defense is agreeing that duct tape killed Caylee Anthony.

http://blogs.orlandosentinel.com/en...-death-by-duct-tape-for-caylee-wesh-says.html

 

[ExpectingUnicorns]

I've been thinking about JK a lot lately. I've been wondering about how sick she is, probably because I'm not real well myself, and how that would influence her viewpoints and actions. I would think that when you come face to face with the intimate knowledge of your mortality you would become wiser and more forgiving, more introspective. But, then again, maybe she's only in the anger stage of her mourning and this is the impetus for her allegations against her ex-husband.

If she were in the acceptance stage she would be trying to make peace with everything in her life. She would realize that, no matter how much she now dislikes RK and their relationship problems, that it is a far cry to compare what she claims he did to her in a moment of anger (if even true) to murdering an innocent baby who was a stranger to him.

She's either as deluded as George and Cindy are or as calculating revengeful as Casey is. Either way, I'm confident that this sworn deposition will bring the truth to light.

 

[butterfly1978]

I've been thinking about JK a lot lately. I've been wondering about how sick she is, probably because I'm not real well myself, and how that would influence her viewpoints and actions. I would think that when you come face to face with the intimate knowledge of your mortality you would become wiser and more forgiving, more introspective. But, then again, maybe she's only in the anger stage of her mourning and this is the impetus for her allegations against her ex-husband.

If she were in the acceptance stage she would be trying to make peace with everything in her life. She would realize that, no matter how much she now dislikes RK and their relationship problems, that it is a far cry to compare what she claims he did to her in a moment of anger (if even true) to murdering an innocent baby who was a stranger to him.

She's either as deluded as George and Cindy are or as calculating revengeful as Casey is. Either way, I'm confident that this sworn deposition will bring the truth to light.

I'm sorry your not doing well. I send many prayers to you.

 

[The World According]

Murder Case Docket Updated!

Events & Orders of the Court
02/12/2010---Notice of Taking Deposition

 

[The World According]

It is not clear whether Kerley ever filed a criminal complaint against Kronk. Florida records show he doesn't have a criminal history in this state.

Tennessee criminal records show Kerley is a convicted felon who is on probation. Records show she has been charged several times with writing bad checks as far back as 1998.

Tennessee Bureau of Investigation records also indicate that Kerley, who is a nurse, was arrested in 2000 on a controlled-substance charge. The outcome of that case was not available.


Does anyone know if Ms. Kerley has claimed to have any medical or police reports to substantiate her claims?

 

[LambChop]

It is not clear whether Kerley ever filed a criminal complaint against Kronk. Florida records show he doesn't have a criminal history in this state.

Tennessee criminal records show Kerley is a convicted felon who is on probation. Records show she has been charged several times with writing bad checks as far back as 1998.

Tennessee Bureau of Investigation records also indicate that Kerley, who is a nurse, was arrested in 2000 on a controlled-substance charge. The outcome of that case was not available.


Does anyone know if Ms. Kerley has claimed to have any medical or police reports to substantiate her claims?

JK also has an arrest record in MD for 1993. Two cases listed under the name of J. Kronk for writing bad checks, I believe. One was in June, 1993 and the other was for December, 1993. It is somewhere near the beginning of this thread.

 

[The World According]

Yes, it is very interesting that the defense picked a felon to question Mr. Kronk's veracity. Mr. Hornsby believes this entire approach of bringing up the duct tape is a disaster for the case. UPDATED: Sources: Duct Tape Used To Murder Caylee
Anthony's Defense Says State Has No Definitive Proof Of Murder
POSTED: 10:30 am EST February 16, 2010
UPDATED: 5:48 pm EST February 16, 2010
<snipped>
According to sources, a strip of duct tape found on Caylee's mouth is one of three prosecutors believe were used by Casey Anthony to suffocate her daughter.

Anthony's defense maintains the tape is just a theory and the state has no definitive proof of the murder, citing that the state failed to find Anthony's prints on the duct tape. "The biggest problem for the defense is that there can never be an innocent explanation for duct tape being fixed on a child's face," Orlando defense attorney Richard Hornsby said.

Hornsby said that the number of pieces of tape and where they were placed is critical. "The fact that there was more than one piece and they were used to block the airways, clearly that's where the state is going to argue the premeditation comes from," Hornsby said.

Hornsby also said that the defense is validating the state's theory by trying to cast doubt on Roy Kronk, the former meter reader who discovered Caylee's remains. "The defense pointing at Roy Kronk as having used duct tape, they're admitting to tape being affixed to her face and Caylee suffocating," Hornsby said.

Video: Sources: Duct Tape Used To Murder Caylee 2:34
http://www.wesh.com/video/22583754/index.html

Article:
http://www.wesh.com/news/22578816/detail.html
__________________

 

[LambChop]

Reminder note for the defense team: "Open mouth, insert foot."