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

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It might be considered new because the FBI has been holding on to it at the request of the SA. That's what I think that whole exchange was between JA and JB at the last hearing. The SA and FBI know that it becomes discoverable if released to the State because they have to turn it over to the defense. I think the defense has forced the SA's hand so this is occurring now, IMO.

Yes, but that (FBI reports regarding gathered evidence) would be turned over to the prosecution at this point and not LE, right? I thought we've already seen that kind of correspondence has gone through Ms. Drane-Burdick and Ashton. So, the reference to "law enforcement" makes me think it is still evidence gathering and not evidence analyzing but what do I know. :) Maybe I'm confused. :)
 
But if SA is still investigating this new information, then they are not required to turn it over to defense yet anyway right? At least not while it is still actively being investigated?

So why would they need to ask JS to delay the release?

No, I keep trying to bust that myth. :) The investigative exception does not apply to information owed to the defense under the discovery rules.
 
The full doc of FL Rules of Criminal Procedure is

www.scribd.com/doc/4844375/FL-Rules-of-Crim-Pro

p. 88 references 3.220k that JA mentions in the motion.

What is interesting to me is that the very next section deals with protection of a witness from undue harrassment and also mentions an in camera meeting to determine the outcome. Perhaps LE has acquired a new witness and the state does not want this witness subject to the same defamatory actions that the defense has taken against RK?
 
http://www.myfoxorlando.com/dpp/news/anthony_case/020310-casey-anthony-trial-date (thank you to angelwhocares :) )

*Prosecutors also filed a new motion asking the judge for a private closed-door meeting without the defense attorneys. Prosecutors say they have new material and information from investigators regarding the case that they don’t want to go be disclosed to the public.*


what do you think this could be? any ideas? :)

do we know what kind of info prosecutors are allowed to with hold?

i found this very interesting :biggrin:

one thought i had was that KC was involed in some other *hinky* matter that involved someone else....and they are still investigating that crime....

My first thought upon reading the articles in today's update thread was that someone has information or evidence and may be afraid of the defense circus, especially in light of how the defense is going after RK. Then I read what Richard Hornsby said........

Attorney Richard Hornsby said the state needs to determine how the materials affect the murder case against Anthony. If the information is coming from a new witness, he said the state needs more time to prevent the defense from discrediting or scaring away that person from testifying.

Knowing how the defense has treated state witnesses, it wouldn't surprise me, if the new information includes a new witness, they've asked to be afforded some degree of obscurity until it's necessary for the information be known.
 
Maybe GA came clean to LE with a million little truths behind Cindy's back.
 
I would think so, although it's probably worded very very vaguely. ;)

Until I actually see it, I won't assume that the reports are correct that the State has asked to withhold information from the defense as well as from the public. But if those reports are correct, here are some possibly applicable portions of the disclosure rules:

(1) "If the court determines, in camera, that any police or investigative report contains irrelevant, sensitive information or information interrelated with other crimes or criminal activities and the disclosure of the contents of the police report may seriously impair law enforcement or jeopardize the investigation of those other crimes or activities, the court may prohibit or partially restrict the disclosure." However, the court may also "prohibit the state from introducing into evidence any of the foregoing
material not disclosed, so as to secure and maintain fairness in the just determination of the cause."

(2) "The court on its own initiative or on motion of counsel shall deny or
partially restrict disclosures authorized by this rule if it finds there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment resulting from the disclosure, that outweighs any usefulness of the disclosure to either party."

(3) "On a showing of good cause, the
court shall at any time order that specified disclosures be restricted, deferred, or exempted from discovery, that certain matters not be inquired into, that the scope of the deposition be limited to certain matters, that a deposition be sealed and after being sealed be opened only by order of the court, or make such other order as is appropriate to protect a witness from harassment, unnecessary inconvenience, or invasion of privacy, including prohibiting the taking of a deposition. All material and information to which a party is entitled, however, must be disclosed in time to permit the party to make beneficial use of it."

As I read your post, if the information is in regards to a witness and information that witness has, the one person who came to mind is DC.
 
Very interesting ...

It seems to me a reason for delaying release of such information to the defense would be because the information pertains in some way to the defense team. Could be tied back to DC.

But for fun, it could be tied back to the zenaida myspace, which has been quiet for almost a month now. :rolleyes:

I'm going to go with speculating that this is all related to evidence and testimony gathered from DC, and the investigative chains that spawned from that. It has a direct impact on the case (how did DC know where to look?) It has direct ties to other principals involved in the case and the defense team, without them being the actual defendent. JB, CA, GA, LA etc. That would be the main reason I could see the SA's office asking for this. They do not want to torpedo a seperate but parellel investigation by having to reveal these findings to the subjects of said investigation as part of the discovery process for KC.
 
I get the feeling it is a new witness that can provide something sensational, and something that would be of concern because it would taint the public and the jury. or put the witness testimony in the future in jeopardy.

DC is a possibility; however, I think it's a new witness, and some new damning information. I even wonder if it could be Caylee's biological father, or a family member.

Unbearable to have so many questions, and to realize the trial is that far away. Nice to have the company of clever sleuthers.
 
I would think so, although it's probably worded very very vaguely. ;)

Until I actually see it, I won't assume that the reports are correct that the State has asked to withhold information from the defense as well as from the public. But if those reports are correct, here are some possibly applicable portions of the disclosure rules:

(1) "If the court determines, in camera, that any police or investigative report contains irrelevant, sensitive information or information interrelated with other crimes or criminal activities and the disclosure of the contents of the police report may seriously impair law enforcement or jeopardize the investigation of those other crimes or activities, the court may prohibit or partially restrict the disclosure." However, the court may also "prohibit the state from introducing into evidence any of the foregoing
material not disclosed, so as to secure and maintain fairness in the just determination of the cause."

(2) "The court on its own initiative or on motion of counsel shall deny or
partially restrict disclosures authorized by this rule if it finds there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment resulting from the disclosure, that outweighs any usefulness of the disclosure to either party."

(3) "On a showing of good cause, the
court shall at any time order that specified disclosures be restricted, deferred, or exempted from discovery, that certain matters not be inquired into, that the scope of the deposition be limited to certain matters, that a deposition be sealed and after being sealed be opened only by order of the court, or make such other order as is appropriate to protect a witness from harassment, unnecessary inconvenience, or invasion of privacy, including prohibiting the taking of a deposition. All material and information to which a party is entitled, however, must be disclosed in time to permit the party to make beneficial use of it."

Forgive me if this has been posted already, still reading thru the thread but had to post this:

according to JA's motion it is pursuant to F.R.C.P. 3.220



which I looked up this specific reference (link below) which indicated under 3.220 Discovery
VII Disqualification and substitution of Judge

Am I missing something?

http://cobblelawfirm.com/FRCP/FRCP 2006.pdf
 
My first gut thought (excuse the Caseyism) was DC. Now I'm beginning to daydream...the missing diary pages perhaps?
 
Maybe they busted open a ring of thugs that involve Casey's "job" and need time to interview them all.
 
My first thought was about a drug investigation and they found out KC was buying the zanny pills from someone who is still under investigation and if it leaks, they wouldn't be able to continue. Maybe a little supplier was busted and they are waiting to get to the main distributor. I am probably way off base but that was what I first thought.
 
http://www.myfoxorlando.com/dpp/news/anthony_case/020310-casey-anthony-trial-date (thank you to angelwhocares :) )

*Prosecutors also filed a new motion asking the judge for a private closed-door meeting without the defense attorneys. Prosecutors say they have new material and information from investigators regarding the case that they don’t want to go be disclosed to the public.*


what do you think this could be? any ideas? :)

do we know what kind of info prosecutors are allowed to with hold?

i found this very interesting :biggrin:

one thought i had was that KC was involed in some other *hinky* matter that involved someone else....and they are still investigating that crime....

Maybe so. Thanks for the thread. You know that weird (National Enquirer) story that came out a while back about the supposed eye-witness to Casey being by a roadside with a gatorade bottle and carrying a bundle into the woods then bringing it back and putting it in the trunk? I never took it seriously at the time, but what if this is something to do with that? Or what if one of Casey's "friends" from June-July '08 has come forward with additional information incriminating Casey because they're getting nervous as the trial approaches? (Again just brainstorming here, I have no idea.) I wonder what would not have already been released by now?
 
The full doc of FL Rules of Criminal Procedure is

www.scribd.com/doc/4844375/FL-Rules-of-Crim-Pro

p. 88 references 3.220k that JA mentions in the motion.

What is interesting to me is that the very next section deals with protection of a witness from undue harrassment and also mentions an in camera meeting to determine the outcome. Perhaps LE has acquired a new witness and the state does not want this witness subject to the same defamatory actions that the defense has taken against RK?

that's interesting, it would be freaky if it's ZFG or something! :)

(p.s. I just have to disagree with your comment there about the defense supposedly defaming RK! The defense isn't responsible for RK hanging around the remains site or the fact his ex-wife says he used to restrain her with duct tape! I don't think RK can blame the defense for those things.....
With the degree of defamation of Casey and her family that has gone on, I just have to laugh at the defense being accused of defaming anyone in this case! There's no comparison. IMO.)
 
that's interesting, it would be freaky if it's ZFG or something! :)

(p.s. I just have to disagree with your comment there about the defense supposedly defaming RK! The defense isn't responsible for RK hanging around the remains site or the fact his ex-wife says he used to restrain her with duct tape! I don't think RK can blame the defense for those things.....
With the degree of defamation of Casey and her family that has gone on, I just have to laugh at the defense being accused of defaming anyone in this case! There's no comparison. IMO.)

Really?
 
that's interesting, it would be freaky if it's ZFG or something! :)

(p.s. I just have to disagree with your comment there about the defense supposedly defaming RK! The defense isn't responsible for RK hanging around the remains site or the fact his ex-wife says he used to restrain her with duct tape! I don't think RK can blame the defense for those things.....
With the degree of defamation of Casey and her family that has gone on, I just have to laugh at the defense being accused of defaming anyone in this case! There's no comparison. IMO.)

BBM: There is no proof of anything you have stated here. It is all speculation on defense's part. The ex-wife is just not credible, "stealing and lying are next door neighbors" so JK is not even an issue. It is defense's job to discredit witness so how can you say it is not their fault. I would imagine this is the very reason SA is asking the court to delay release of this information. To prevent defense from attacking this person before they have done a thorough investigation.

KC is ultimately responsible for the welfare of her child. She dishonors herself.
 
There is a whole thread on Jill Kerley. We have no way of knowing if she is lying or if Kronk is lying. It really isn't even about them anyway so please take the JK-RK debate over

<--------there
 
Of course the defense will mention the circumstances surrounding RK's being at the remains site, and his ex-wife's statement regarding him allegedly duct taping her, etc. How could the defense not mention those things? How can that be called defamation? The defense didn't invent those things, they are just there. My post was just in response to a post that said the defense had "defamed" RK.

Anyway, back to the thread topic! I do wonder what the "new" evidence could be. How much can the prosecution hold back from release, and likewise with the defense? For example, if the real defense is something completely different that we haven't heard yet, can the defense hold that back until trial?
 
Sorry JBean, I hadn't seen your post while I was responding. I wasn't interested in that debate either.
 
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