S.A. Concerned Defense will Sell Pics of Caylee's Remains

[Dejablue]

The paragraph quoted is Delaware's law.

Florida's reads as follows:

Snipped..

OOPS I read and copied the wrong one. I could have sworn that she had to be convicted before this law applied to her. I guess I was right after all.

 

[Boston]

This is ridiculous. The state cannot withhold evidence from the defense. If the state is actually trying to set up grounds for an appeal, this is exactly the way to do it. There is no evidence whatsoever that the defense has been selling, leasing, licensing or in any way profiting from the dissemination of evidence and information in this case. The defense can designate anyone they choose as an "expert" in this case, it is up to the prosecution to question the credentials of that so called expert in a court of law. The prosecution cannot restrict the defense's right to examine all evidence, inculpatory and exculpatory and discuss this evidence with whomever they choose, with very few exceptions which are national defense secrets, protected witnesses and witnesses deemed in danger by the court after motions are heard and both sides have presented arguments and precedents.

How would you like it if you were accused of a crime and the state refused to turn over evidence to your defense without restrictions on whom the defense can designate as an expert or witness in your case?

If nobody has been selling anything then Jose has nothing to worry about.

The Judge isn't going to grant the motion on a "Hunch" that somebody might sell the photo's.

If there's any proof that anything at all has been sold we'll see it during the hearing.




BOLDED BY BOSTON

 

[newuser]

Surely attorney BC will not let the A's further self destruct by even giving an appearance of anything other than pure disgust at the nothing of selling photos from the crime scene or autopsy.

This is the most disturbing thing I have heard in this case! Obviously the state attorney's office realizes money has to be coming from somewhere and what these photos might bring would be enticing.

If anyone buys or pays one penny for these photos, I'll bring the feathers. Who's got the tar?

 

[Bev]

There is absolutely zero evidence that the defense has sold or in any way profited from evidence in this case. If there was evidence it would have been cited in the motion - it wasn't. The state certainly is refusing to turn over the evidence - the state doesn't have the right to ask for these kinds of restrictions on this kind of evidence - it is limiting the defense in providing the best defense for the client.

It doesn't matter in the least who the As are or are not selling or leasing or licensing images to - that is their right as owners of the materials. The As are not the defendent in this case, KC is.

added text - the family has a right to the autopsy findings, in fact everyone in the state of Florida has the rights to the autopsy findings, in Florida autopsies are a matter of public record. The Dale Earnhardt ruling doesn't apply to every autopsy record, it applies only to Dale Earnhardt's autopsy record. The only precedent it sets is that the family of the deceased has the right to apply to the courts for special remedy - in this case sealing the Earnhardt autopsy record.

 

[BonKai]

Respectfully snipped by me:

If anyone buys or pays one penny for these photos, I'll bring the feathers. Who's got the tar?

I'm sure I could round up some tar!

 

[bunnyphoenix1]

The paragraph quoted is Delaware's law.

Florida's reads as follows:

Citation: FLA. STAT. Ch. 944.512 (2000)
History: Enacted in 1977.
TITLE XLVII CRIMINAL PROCEDURE AND CORRECTIONS
CHAPTER 944 STATE CORRECTIONAL SYSTEM
Fla. Stat. § 944.512 (2000)
944.512 State lien on proceeds from literary or other type of account of crime for which convicted.
(1) A lien prior in dignity to all others shall exist in favor of the state upon royalties, commissions, proceeds of sale, or any other thing of value payable to or accruing to a convicted felon or a person on her or his behalf, including any person to whom the proceeds may be transferred or assigned by gift or otherwise, from any literary, cinematic, or other account of the crime for which she or he was convicted. A conviction shall be defined as a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by the defendant, regardless of adjudication of guilt. The lien shall attach at the time of the conviction in county or circuit court. In the event of an appeal, the funds will be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved. Back to top

Exactly what you told us yesterday! Too bad the Deleware law doesn't apply...lol. The Deleware law is more like where I come from.

 

[SeriouslySearching]

Originally Posted by Bev
There is no evidence whatsoever that the defense has been selling, leasing, licensing or in any way profiting from the dissemination of evidence and information in this case.

It doesn't matter in the least who the As are or are not selling or leasing or licensing images to - that is their right as owners of the materials. The As are not the defendent in this case, KC is.

Someone is making money. The A fam denies it is them, but it was reported last night a fee of six figures was paid from licensing such videos as the one seen of Caylee swimming in the pool with Cindy etc. It was also reported that they are tracking down the proof it went to Baez or someone associated with the defense as it is the story they are hearing. Should be interesting when they get to the bottom of that one, eh?

While it may not be "evidence" they possibly have already sold...the SA's Office wants to make certain it does NOT happen.

 

[BonKai]

Respectfully snipped by me:

It doesn't matter in the least who the As are or are not selling or leasing or licensing images to - that is their right as owners of the materials. The As are not the defendent in this case, KC is.

Wouldn't KC, the defendant, be the rightful owner of "the materials"?
Do we have written proof that she has signed her rights over to her parents?

 

[Dejablue]

The paragraph quoted is Delaware's law.

Florida's reads as follows:

Citation: FLA. STAT. Ch. 944.512 (2000)
History: Enacted in 1977.
TITLE XLVII CRIMINAL PROCEDURE AND CORRECTIONS
CHAPTER 944 STATE CORRECTIONAL SYSTEM
Fla. Stat. § 944.512 (2000)
944.512 State lien on proceeds from literary or other type of account of crime for which convicted.
(1) A lien prior in dignity to all others shall exist in favor of the state upon royalties, commissions, proceeds of sale, or any other thing of value payable to or accruing to a convicted felon or a person on her or his behalf, including any person to whom the proceeds may be transferred or assigned by gift or otherwise, from any literary, cinematic, or other account of the crime for which she or he was convicted. A conviction shall be defined as a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by the defendant, regardless of adjudication of guilt. The lien shall attach at the time of the conviction in county or circuit court. In the event of an appeal, the funds will be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved. Back to top

It says that ALL monies made from the crime sall be put into a Trust Account until a conviction occures. If she is convicted the money goes to the state.

 

[bunnyphoenix1]

Jose Baez wrote in a motion that restrictions will place an undue burden - both logistically and financially - on the defense. The issue will be addressed Thursday at a hearing before Orange Circuit Court Judge Stan Strickland, who had previously ordered the state to release the images to Baez by this week.

~snip~

Baez argued in his two-page motion that most of the defense experts who would review the images are out of state. And he points out that the state's experts were allowed to take samples out of the state, including labs in Indiana and Virginia.

http://www.orlandosentinel.com/news/local/breakingnews/orl-bk-casey-anthony-010709,0,7673697.story (Bolded by me)

Aren't the experts going to come to Florida to examine her remains in any event? Are they just going to rely on pictures for their autopsy?? How many out of town experts does he plan on sending these too that won't be viewing Caylee's remains?

And how can he argue expense, when it no doubt is more expensive to fight the SA's motion than it is to fly them to Fla. to view the pics?

 

[Amster]

So...was Conway there about the photos or immunity??

I'm confusing myself. My disdain for the A clan (excluding Caylee) is turning me into a moonbat. spit

 

[BonKai]

Aren't the experts going to come to Florida to examine her remains in any event? Are they just going to rely on pictures for their autopsy?? How many out of town experts does he plan on sending these too that won't be viewing Caylee's remains?

And how can he argue expense, when it no doubt is more expensive to fight the SA's motion than it is to fly them to Fla. to view the pics?

That was my question as well. See below.

Sigh...

So Baez is worried about his expert's expenses?
Does this also mean that the defense experts are going to have the remains mailed to them for their exam? Can they not come here to look at the ME's photos/x-rays and do their exam at the same time? What is the defense's problem? :waitasec:

 

[bunnyphoenix1]

Baez Seeks Access To Images Of Caylee's Remains,A hearing is scheduled for Thursday at 1:30 p.m. - http://www.wesh.com/news/18422273/detail.html

PDF: Casey Anthony's Motion On Caylee's Remains http://www.wesh.com/download/2009/0107/18429795.pdf

Thank you! I hope we get to watch the hearing on-line!

 

[Bev]

First of all, we have no proof or evidence that the As have sold or licensed any material and secondly, any videotapes or photographs taken by them, belongs to them, the copyright belongs to them.

 

[LaLaw2000]

Not sure if this has been posted before, but this site offers viewers the ability to sign a petition regarding the following:

From: http://www.thepetitionsite.com/1/caylees-law--a-law-to-protect-children

"Caylee's Law- A law to protect Children
Target:Congress and Senate
Sponsored by: Diana
Caylee's Law is so that no parent or family member of a missing or murdered child can profit in any form. This includes, sales of video, pictures, etc. also included is movies, books, magazine, tabloid or any other form of media.

Caylee's Law should also include a specific timeline that is required for a parent, caregiver is required to report the child missing to Law Enforcement.

This petition is for your ideas of what we can include in Caylees Law and when complete will be forwarded to The congress and Senate for endorsement."

I just signed the petition, Reality Orlando! Thank you! I hope everyone signs it.

 

[MADJGNLAW]

Surely attorney BC will not let the A's further self destruct by even giving an appearance of anything other than pure disgust at the nothing of selling photos from the crime scene or autopsy.

This is the most disturbing thing I have heard in this case! Obviously the state attorney's office realizes money has to be coming from somewhere and what these photos might bring would be enticing.

If anyone buys or pays one penny for these photos, I'll bring the feathers. Who's got the tar?

could this be the reason for The Anthonys' lawyer meeting with prosecutors in downtown Orlando Wednesday? (01/07/09)

Video Report: http://www.wftv.com/video/18429746/index.html

 

[bunnyphoenix1]

Yet the defense team had the money to fly ALL of their highly paid experts into Orlando, pay for their time, food, lodging, and ammenities (travel expenses etc.) to stand at the active site knowing full well they would not be allowed in to be part of the ongoing investigation before the scene was cleared, but now they have the nerve to say it would be a financial burden to come for the autopsy?! GMAB!!!

Guess they don't mind coming down here when the cameras are on them....I can see no other reason for them being in Florida then.

 

[SeriouslySearching]

Casey is an adult. If the photos or videos were taken with her personal camera or phone and she did not grant her parents rights to them or the proceeds...they are legally still Casey's, imo.

 

[SuziQ]

Bolded by me

But the A's are NOT the defense! The motion is directed at the defense - Baez and his team. What the A's do (or don't do) is not the responsibility of the defense and vice versa.

The SA can't legally stop the A's from selling the pictures if they got ahold of them. But the SA can ask a judge to stop them from going any further than JB's team. By doing that preventing the A's from selling the pictures.

 

[Amster]

Has the defense decided NOT to do their own autopsy?? They will rely on x-rays and photos of the remains for their experts to refute Dr. G's findings?? If so, why would there be a hold up for G&C giving Caylee a proper burial?? Conway claims that the A's can't do a proper burial because the defense is being asked not to sell the images??

Makes no sense....I think Conway met with prosecuters concerning immunity for G&C.