Prosecutors have new material and information that they dont want released to the pub

[beach]

The SA is requesting an ex parte hearing. Although you're right ex parte can also mean a hearing or motion to be heard quickly. And you're right in CA it typically is 72 hours. And in CA you must give 24 hours notice of said hearing. But in this case the ex parte hearing is referring to an in camera hearing without one of the parties in the case being present. Whenever you hold an ex parte communication you must notify all parties of this request before actually having the communication. If you don't, then it's a huge no no and can be grounds for appeal.

So we may not hear about what JS intends to do with this request for a while ... and it could be a very bumpy ride from now until then.

--emphasis mine

Ashton did include Baez in the certificate of service (see bottom of the motion). Oh yeah, Baez knows. The silence is deafening.

http://www.cfnews13.com/uploadedFiles/Stories/Local/020310%20Casey%20Case%20Motion%20For%20Incamera%20Ex%20Parte%20Hearing.pdf

 

[logicalgirl]

...and it goes to figure that after the deposition (if said deposition has happened) that "investigators" would investigate any and all claims/statements that DC made. It really does fit!!

And if the rumors out there are true, much of what Dom has to say will certainly be publicly embarrassing to both Cindy and George, to say nothing about what Dom has to say about Baez.

 

[logicalgirl]

--emphasis mine

Ashton did include Baez in the certificate of service (see bottom of the motion). Oh yeah, Baez knows. The silence is deafening.

http://www.cfnews13.com/uploadedFiles/Stories/Local/020310%20Casey%20Case%20Motion%20For%20Incamera%20Ex%20Parte%20Hearing.pdf

So now Baez and Lyons are looking like Laurel and Hardy - now look what you've done Hardy - bonk!

Oh dear - did I warn you all I'm very visual?

 

[JSR]

Bolded by me. Is there a link for this? I was under the understanding that Dc broke his contract with Jb on October 1st. He never did break his contract with Kc. Also, isn't he still bound to secrecy until after trial? Moo

No. DC must testify about anything he knows after he was no longer an agent for JB. PI's have no privilege. Unless, he refuses to testify due to self incrimination, he's legally bound to answer questions when he's subpoenaed.

DC is not a priest, not her spouse and not her attorney. He's gotta spill the beans. A "contract" means nothing in a court of law.

 

[beach]

I definitely think it's DC. He is potentially the most explosive witness that could come forward. Who knows what he saw, heard, and did in the Anthony home and in trying to find Caylee's remains.

And when you think about it, he's been left out to dry. Baez hasn't paid him, I'm not sure the Anthony's ever did (correct me if I'm wrong here), and it seems like he's been pushed out of the Anthony inner circle as well as the defense inner circle. You'd think they'd learn after Padilla to keep their friends close and their enemies closer, but yet again, he's been left to deal with the SA leaning on him on one side while the other is telling him to shut his mouth all by himself as far as anyone knows (well, with only his lawyer for help).

I think he finally got tired of all this and decided to come clean. The A's definitely prey on people they can manipulate to do their dirty work and then discard them and defame them when they don't need them anymore or feel like they have been betrayed. I see where Casey herself gets that attitude from. It's why she won't have any character witnesses other than her mom, dad, and brother at the trial.

And I can see the SA wanting more time to verify what he says and what evidence he may have because even they know that the defense and the A's will want to tear DC to pieces and destroy what's left of his career. We already know the A's have no problem turning on anyone that they think they can point the finger at for Caylee's murder. I can see that as a definite reason to NOT have the defense there and NOT release this potential bombshell information.

Also, I agree with what was said earlier in that they might be deciding to go after CA and GA and possibly Lee for obstruction and maybe even disbar Baez (at least get him off the case, therefore possibly giving the 15 months time for a new lawyer to take the case) because of what testimony and evidence DC can possibly offer, and the SA would definitely want more time to investigate that.

I just don't think GA or Lee have the stones to go against CA, so I can't see it being them. I don't really think Mallory knows enough for it to be explosive information. I think the Milsteads just want to hide and get away from this whole thing. SA has known for a long while who the father is, and that doesn't really have much to do with the case anyway since he's never been in Caylee's life and may never have known he had a child in the first place. It could be FBI evidence, but they say it's "NEW" information, and they've known for awhile what the FBI has, at least most probably by phone. It could be someone totally new, but it's been what, a year and six, seven months since the murder?

Who could possibly come forward and offer anything more explosive now other than DC?

That's what I'm screaming! You said it beautifully.

The only thing about it that puzzles me is.... WHY would JB allow the prosecution to go ahead and serve DC with an investigative subpoena KNOWING full well that if he went that route he (JB) couldn't be present at the depo??? If he knew they were going that route, he would've just added him to the witness list so he could at least be present to know wth was said.....:waitasec:

eta: And, YES, I know what an idiot he is....but, still....even HE would want to know....at the least be there to <cough> add the intimidation factor. heck, i dunno.

 

[cyberborg]

Given the way that the Defense investigated RK, it'll be very cool if SA/LE have likewise opened the Pandora's box of DC and JH which leads to CA and JB and goodness knows what. Need to address this loose end.

This was always the most intriguing missing piece given the testimony from JH that DC knew where Caylee was and they were going to go get her and the videos of DC prodding the area ... close to where Caylee was found -- a month before she was found.

This was major when it first broke and JH assisted LE but then we got into the whole game of trying to depo DC and him delaying and trying to slip away based on grey areas of privilege.

This is a key part of the investigation that needs to be thoroughly and fully investigated and concluded before trial since --- DC also had access to the area in which Caylee was ultimately found (like JW and RK) but DC was actually filmed searching, prodding and, digging!!!

Did DC either tamper with or plant evidence and SA figured it out?

 

[JSR]

Say did they indeed request an investigative subpoena? How would they go about that. Would that be in a motion? I know they talked about it in court, but I have not seen this request or proposal. Moo

You would never see it. They aren't required to file such requests with the court.

Actually typically in most jurisdictions you would never see any discovery (i.e. depo notices or document production requests) filed with a court. Unless there is some hassle about obtaining info and you file a motion to compel.

 

[seekingjustice**]

That's what I'm screaming! You said it beautifully.

The only thing about it that puzzles me is.... WHY would JB allow the prosecution to go ahead and serve DC with an investigative subpoena KNOWING full well that if he went that route he (JB) couldn't be present at the depo??? If he knew they were going that route, he would've just added him to the witness list so he could at least be present to know wth was said.....:waitasec:

eta: And, YES, I know what an idiot he is....but, still....even HE would want to know....at the least be there to <cough> add the intimidation factor. heck, i dunno.

BBM.. WHY would JB allow the prosecution to go ahead and serve DC with an investigative subpoena KNOWING full well that if he went that route he (JB) couldn't be present at the depo???[/B]

I am wondering the same thing beach2yall. What could the reason be?

 

[beach]

My brain is fried tonight....Did we ever see DC's phone logs? At least the phone he was using the day he was searching in the woods?

 

[beach]

BBM.. WHY would JB allow the prosecution to go ahead and serve DC with an investigative subpoena KNOWING full well that if he went that route he (JB) couldn't be present at the depo???[/B]

I am wondering the same thing beach2yall. What could the reason be?

I don't know. The only thing I can think of is he was hoping against hope that DC would stay hidden and avoid the subpoena.... It's not realistic, but desperate people don't think so clearly sometimes.

 

[seekingjustice**]

I don't know. The only thing I can think of is he was hoping against hope that DC would stay hidden and avoid the subpoena.... It's not realistic, but desperate people don't think so clearly sometimes.

I agree and I was wondering what the reason could be that JB didn't seem to want DC on his witness list. Maybe the very thing JB feared has come to fruition with the Prosecutions latest move

 

[seekingjustice**]

My brain is fried tonight....Did we ever see DC's phone logs? At least the phone he was using the day he was searching in the woods?

Not to my knowledge, as yet!

 

[lauriej]

Do we know if the gal Dom claimed to be speaking to that day in the woods was ever questioned by LE and have a link to the transcript? Or was she deposed by either side? TIA. Could she have turned over to LE some of her correspondence or phone calls or maps Cindy sent her? Could dropping hints to her , hoping she would take the info and run with it have been mom's round about way of getting Dom to the woods without literally telling him? Was it ever in the discovery his and her phone records? I would be more interested in hers since he had various and sundry phones.

.........there are quite a few interview clips on youtube of her,( ginette lewis ) one with NG, and this one from anWFTV interview:
[ame]http://www.youtube.com/watch?v=khj6bW3ivCc[/ame]

 

[justthinkin]

Wait a sec, something's not right here. If this is about DC, and he got his info from CA about Caylee's location, then whatever he was told was bound to contain a few "mistruths."

More likely is Lee found the body, and informed CA. Since they couldn't have family finding the body, CA cooked up some story to tell DC to get him to do the search, fully expecting him to find Caylee. Perhaps she told him she got her info from JB who got it from KC , and also told DC that JB wanted to know before LE was called--so DC was to inform her if he found the body so she could relay that info to JB. Perhaps as soon as DC heard that, he knew he would somehow get thrown under the bus himself, and decided not to find Caylee so as not to incriminate himself, ya know?

Wait another sec. I'll bet CA was going to try to incriminate the people who formerly lived at the vacant house on Hopespring Dr. She may have even had Lee plant something there of Caylee's for DC to discover--again which he didn't discover.

I'll bet someone's in deep, and it isn't JB or DC.

 

[lauriej]

..since DC's name has come up a bit in this thread..

.."Sosad" made a comment on b. sheaffer's blog, noting that dominic is moving his office ( no forwarding address) ,(a "temporary" ph. number)...

http://dgator.com/contactus.aspx
To better serve our Client's D&A is currently relocating its office. Our Telephone/Fax services are being transferred/changed they will be down during this period, please use email or our temporary number, we apologize for any inconvenience . . .!

..could mean he's simply moving,(?) but it seems a strange way to conduct a business.

 

[kaRN]

I haven't read this entire thread yet, so don't know if anyone has mentioned a possibility that has occurred to me. When Casey was convicted of a felony, her DNA was taken and placed in the FBI database. Could it be that her DNA was a match with an unsolved crime - and possibly even a crime that might have a connection to Caylee's murder? This would be new material and new evidence coming from LE. JMO

I've read the whole thread and you're the first to have thought of that. Brilliant!!!!! OMG imagine. You deserve this.... :gold_crown:

 

[RainyGirl]

I'm thinking there are some very, very nervous folks tossing and turning in their Orlando beds tonight........as well as some highly "frushtrated" bloggers out there on the web that can't seem to wrap their mind around the likelihood that this new information spells D.O.O.M for their beloved Prisoner.

JMO.....

 

[Cat13067]

I think that scenario would turn the whole case upside down and might be good news for KC's defense.

KC could tell JB where Caylee was and he'd be bound by attorney/client privilege to keep her secret. He couldn't tell anybody without KC's permission. However IF that conversation was overheard by a guard, repeated to RK and that is how RK found Caylee, KC's constitutional rights would have been violated. The defense could try to have all evidence found at the remain's site thrown out because of how it was found but it would have to be done without violating KC's right to privileged comminication with her lawyer. I don't think the public could ever know anything KC told Baez or DC while DC was Baez's agent.

imo

If KC told JB where Caylee's remains were he would be bound by law to come forward with that information.

 

[kaRN]

You really think so???

I don't know but this is killing me...:banghead:

It's killing me too OYE! If this was a defense motion it would be one thing, but the state has never dropped such cryptic morsels. It makes the imagination go wild.
I guess I want GA to emerge as the hero so I'm putting it out there into the ethers. I believe he has it in him.

 

[justthinkin]

If KC told JB where Caylee's remains were he would be bound by law to come forward with that information.

See that's just it. I think that info originated with CA, and she made it up.
Wouldn't be the first "mistruth" uttered by an Anthony.