Motion to Take Deposition to Perpetuate Testimony of Jill Kerley

[sleutherontheside]

It was the Bc doc dump.

I think Rk had control of the body. Needs to be fully investigated. Moo

Link please??

 

[notthatsmart]

Link please??

http://www.cfnews13.com/uploadedFiles/Stories/Local/conwayrelease.pdf
Page 11 That is the duct tape.

The motion to implicate Rk as a suspect showed that Rk had control of the body.

I am really hoping to clear all this up with an investigation. I am hoping that Jk is the start of the investigation into Rk. Moo

 

[TorisMom003]

Again (I've asked you this before): Where's your evidence that "200 mile an hour duct tape" is the same as the Henkel heat-resistant kind. And by the way, where'd the "200 mile an hour duct tape" quote come from anyway? You got a link for any of that? TIA

Raises hand and waves like a maniac...........I know this one!! In the ex-wives statement to the PI on the defense payroll she called it 200 mile an hour duct tape and said that Kronk called it the same thing. Now, other than that it has not appeared in any of the documents released by LE or SA. They just refer to it as Henkle duct tape. :dance:

 

[Kentjbkent]

Raises hand and waves like a maniac...........I know this one!! In the ex-wives statement to the PI on the defense payroll she called it 200 mile an hour duct tape and said that Kronk called it the same thing. Now, other than that it has not appeared in any of the documents released by LE or SA. They just refer to it as Henkle duct tape. :dance:

Well, thankfully you are raising your hand frantically instead of frantic banging of head on keyboard!! :dance:

DING DING DING!!! You are correct!!!

 

[kaRN]

How is RK linked to the sticker found at the scene, residue on the duct tape and hundreds of similar sticker sheets found in KC`s bedroom? Anybody know?

 

[notthatsmart]

Bounty hunters have handcuffs, duct tape, and a gun. Still does not make him a suspect. My husband was a PI for twenty years and carried all these items in his car. Of course I always behaved myself so there was no need to duct tape my hands. LOL But seriously if he had apprehended a suspect and there was interference from a third party who threatened him the next best thing to handcuffs is duct tape.

So this is probably the reason the charges were dropped. They just did not have all the information when they placed RK under arrest. Just being arrested does not mean you are guilty and RK did not have to tell anyone because the records were expunged, we might never have known about this. Some times it just does not pay to be honest. JMO

I thought Rk stated he was in the coast gaurd a this time. I don't think he had become a bounty hunter yet. I could be wrong.

 

[Kentjbkent]

In the motion that request Rk be looked at as a suspect, Jk says that he bragged about 200 mile an hour duct tape. Henkel brand duct tape is industrial strength duct tape. That is what 200 mile an hour duct tape is. I believe the name originates from the military. There are a lot of links about the history of duct tape on google. The Henkel duct tape says 200 degrees on it. 200 mile an hour is just a nick name. I would find it normal for a utility company like orange county to carry this type of duct tape. I see industrial type duct tape mostly on duct work for heating and cooling.

This duct tape things always seems to rear its ugly head in these threads. However, Jk brought the duct tape up this time and she is the messenger. The Judge wants to hear about it. Moo

Lots of assumptions in this response that are not relevant to the original question. I believe some are looking for the link to reference where you stated that the duct tape found in this case has been referred to as 200 mile an hour tape?

And I would like a link to the quote by JS where he states that he "wants to hear about it". My recollection is that he granted JB and SA the permission to depose JK in her home state, outside of Florida. He did NOT state that he would allow that deposition to be used in trial. That issue will be addressed at the time of trial if and when JB can provide some substantiated proof that JK is too ill to travel. For the purpose of obtaining a deposition, JS (and SA) were willing to forego official documentation by a physician to prove the health of JK.

I would like to know where he stated his desire "to know about it"???

 

[notthatsmart]

Lots of assumptions in this response that are not relevant to the original question. I believe some are looking for the link to reference where you stated that the duct tape found in this case has been referred to as 200 mile an hour tape?

And I would like a link to the quote by JS where he states that he "wants to hear about it". My recollection is that he granted JB and SA the permission to depose JK in her home state, outside of Florida. He did NOT state that he would allow that deposition to be used in trial. That issue will be addressed at the time of trial if and when JB can provide some substantiated proof that JK is too ill to travel. For the purpose of obtaining a deposition, JS (and SA) were willing to forego official documentation by a physician to prove the health of JK.

I would like to know where he stated his desire "to know about it"???

200 mile an hour duct tape is just a nick name for industrial strength duct tape. I think it is common knowledge. I do not know of any evidence that the duct tape in this case has been reffered to as 200 mile an hour duct tape. I do believe that Jk is referring to 200 mile an hour duct tape as industrial strength duct tape. I do believe that the 200 degree henkel brand duct tape is industrial strength.

I feel that the Judge giving permission to depose means he will indeed read that motion and he wants to get to the bottom of the matter. It is just my opinion. Moo

 

[rhornsby]

Hear Ye, Hear Ye,

It is time to bring you people back to reality. Perusing your comments, here are some answers to your questions.

1. Jill Kerley's sworn testimony is considered factual information, there does not need to be a corroborating police report.

2. I have reviewed Kerley's "criminal record" and I did not see anywhere that she has been adjudicated guilty of a felony or crime of dishonesty - just arrested for them. And an arrest is not a permissible means to impeach someone.

3. The Motion to Perpetuate Testimony is routinely used to perpetuate (i.e. preserve) a person's testimony in the event that they might die or be too ill to testify. A Deposition to Perpetuate testimony is done in the same manner as if she were testifying in trial. Baez obtains her direct testimony, the state objects if necessary, but the answer is still given. Then the State cross examines her on material issues. From there, the judge rules on the objections and then the testimony is edited to include the permissible testimony. If, when the time comes for trial, Ms. Kerley has died or is to ill to testify, her perpetuated testimony is presented to the jury. If she is not dead or too ill to testify, the State can demand her presence at that time.

4. In any event, if her testimony was not allowed to be perpetuated and she subsequently died - Casey would have one hell of an appellate issue for denial of due process and compulsory attendance of witnesses.

5. The authorization of the perpetuation of Ms. Kerley's testimony does not mean her testimony will be allowed in court. It is only being authorized to prevent an unnecessary appellate issue where Casey could argue that she was denied due process or opportunity to present a defense.

6. Finally, the decision to allow Kerley's testimony to be presented to the jury (whether live or by perpetuated video) will be determined at a later date before trial by the judge. And the standard is not whether Kronk was actually convicted of the crimes, or even whether there is other corroborating evidence supporting Kerley's claims. The issue Judge Strickland must decide is if the evidence is a sufficiently similar to an issue in Casey's case as to point suspicion at Kronk (i.e. the uniqueness of duct tape use on women).

7. In making this determination, the judge does not decide whether he believes Kerley, he only decides whether the evidence would be relevant IF the jury believed Kerley - thus shining suspicion on Kronk. Ultimately, the weight that is given to this evidence is up to a jury - not a judge. If the jury thinks she is full of it, they will disregard it entirely and it would backfire on Baez and Co.

8. Finally, I am so tired of insinuations that Roy Kronk could sue Baez or his ex-wife, Kerley; he can not. While the original allegations may - or may not - be untrue. the fact that the allegations were made by Kerley once upon a time is true. Thus Baez pointing out that Kronk has been accused of similar conduct in the past is a factually accurate claim - thus he has a complete defense to any defamation suit.

Peace out!

 

[JBean]

Thanks rhornsby good to see you.

 

[cecybeans]

RH - do we have any evidence at all that her interview is, in fact, sworn testimony? I don't recall the video being presented as such when it was attached to that motion.

 

[magic-cat]

Thanks rhornsby good to see you.

I'm with you fellers...

Very enlightening. Thanks from me too...

 

[magic-cat]

RH - do we have any evidence at all that her interview is, in fact, sworn testimony? I don't recall the video being presented as such when it was attached to that motion.

They will take a new one that IS...

 

[rhornsby]

RH - do we have any evidence at all that her interview is, in fact, sworn testimony? I don't recall the video being presented as such when it was attached to that motion.

At this point it is irrelevant if the video is sworn or not. The video, sworn or unsworn, just gives Baez a good faith basis to list her as a witness and file the Similar Fact Notice.

What will matter is what she says in her Deposition to Perpetuate her Testimony.

 

[Just Jayla]

RH - do we have any evidence at all that her interview is, in fact, sworn testimony? I don't recall the video being presented as such when it was attached to that motion.

That's what I thought....confused. oh well.

 

[cyberborg]

Personally, I feel this was the sleaziest tactic the defense engaged in. And JB can pass it off as his own idea, but I doubt it - he hasn't done much of anything of substance the past year - this came out when AL and her sidekick came into the picture.

It was sleazy because they didn't interview this woman under oath and submit it as discovery, which would have allowed the state to respond and verify it as true or to investigate it on their own before it was displayed to the public through the media. This "interview" was heavily edited and attached to a motion - like some sneaky barnacle of an addendum to a bill in government - so that it could circumvent the normal procedure of the Sunshine Law in FL and pretty much go directly to the media and thereby influence the public. Anyone who knows anything about manipulating the media is aware that if an audience sees a picture of something it doesn't matter how many times it is retracted later, the first visual impression stays with the audience as truth.

To have completely bypassed normal procedure and slapped lipstick on this slanderous pig of an "interview" and palmed off her allegations as evidence to the general public (which may not understand the distinction between a youtube-y type video and an actual sworn statement) is not just unethical, it should be criminal.

To add insult to injury, the defense then delayed as long as possible in making the state aware of this woman's contact information, so they had little chance of following up until she might be too ill to be correctly deposed.

I hope this whole thing backfires on them. If JK is unable to give a proper deposition due to illness, or if her treatment interferes with her ability - then the entire thing can be thrown out as inadmissible. If not, then she can appear and let the state verify the validity of her claims. Making a very ill woman your star witness and delaying her access to the opposition is just junk lawyering, imo.

However, even if things go well for this woman, and I hope she comes through her treatment - I have trouble thinking her testimony will be all that credible. She has her own sketchy history and past which I'm sure will mitigate any story she feels she needs to tell.

One thing we know is, many many people can substantiate the lies and criminal acts of KC - including but not limited to a family that never reported them. If all that stands against RK's reputation is a disgruntled ex and her daughter, I don't think it will stick.

Frankly, as hinky as people find the whole RK story, I think the fact that RK's family did a 180 on their initial reactions to him (some on paper) after he found Caylee's remains and suddenly popped up as defense witnesses, is just as bizarre, if not more so. It smacks of outside influence if you ask me.

:clap: :clap: :clap: :clap:

Post of the thread. Nuff said!

 

[cyberborg]

[snip]

I am really hoping to clear all this up with an investigation. I am hoping that Jk is the start of the investigation into Rk. Moo

As far as I am concerned, the Defense can investigate RK until they are blue in the face .... for the next 5+ years but it isn't going to change much at all IMHO. I don't want to burst your bubble of hope though as a cheerleader ......

Sure they can try to impeach RK but he basically found Caylee and his statements are backed up by his calls to LE. He made the calls so I don't see how impeaching RK that he had spats with ex-wives will affect that. It was important that he found Caylee but that's not a major piece.

I am very happy for the Defense to focus on RK and investigate him but I do think they have far far more important priorities to address to get ready for the Murder trial and examine the discovery as well as depo witnesses.

I consider the ONLY reason they are pointing to RK is so that they can state that "LE did not fully investigate all possible POIs and suspects and so there could be SODDI out there due to bad LE investigation" BUT we have yet to hear from LE and SA.

A key part of the Defense strategy is to question methods and procedures and they will attack the forensics in this way, rather than examine them and likewise for the LE investigation and focus on KC.

 

[JBean]

enough with the duct tape. please

 

[CarolinaMoon]

Mr. Hornsby, I'm glad to see you here again!

I must say, though, that I looked through what records are available for JK. I am not an expert at interpreting all the information, but I do see such notations as Guilty Plea, Length of Probation Imposed, Probation Revoked, and so on.

 

[JBean]

...and can please someone tell me how we know this was a fact? I'm so confused.

1. It is a fact that Jill kerley has accused RK of kidnapping her and also using duct tape to restrain her in the past:
http://www.wftv.com/pdf/22313192/detail.html

2. it is a fact that RK was arrested in the ealry 1990's for kidnap but no charges were filed and the arrest record was expunged.

These 2 facts are not in dispute.