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

[Chilly Willy]

When did the 2 wks expire?

ORLANDO, Fla. — A judge ordered prosecutors Tuesday to turn over photos and X-rays of the remains of Caylee Anthony to defense attorneys for her mother, who is charged with murdering the Orlando toddler.
http://www.foxnews.com/story/0,2933,472146,00.html

Tuesday = December 23rd.

 

[SeriouslySearching]

Now that their attorney went to discuss this motion with the SA's Office, I would say they ARE part of this motion or at least the discussion of it.

 

[BonKai]

Yes, I am saying that this isn't "routinely done". The state cannot withhold evidence from the defense. The state and the defense can agree that certain evidence not be made public, but the defense cannot have the added burden of responsiblity for the inadvertant release of such evidence. It is unconstitutional, it is unlawful to restrict the defendant's right to confrontation of witnesses.

If the intent was to prohibit the Anthonys from viewing the autopsy report, which they have every right to see, it would have specifically asked the court to prohibit the Anthonys from seeing the autopsy report. In Florida, the autopsy report is a matter of public record.

Bolded by me. Did you read the Motion?

Can you please point out to me which paragraphs in the Motion that the State is trying to "withhold evidence" and "restrict the defendant's right to confrontation of witnesses"? I'm not seeing it.

 

[BonKai]

I would have no problem with JB trying to make sure these pic were not sold, leaked or disstributed in any way. As a matter of fact, I would have expected this motion to come from him in the first place and not the SA having to file.

YES! :clap:

 

[Devon]

You may want to read it again...it specifically requests that only counsel, co-counsel and the experts be allowed to view it. I don't think you have to be Einstein to see that it excludes the Anthonys.

You stated that they were ''specifically trying to have the As excluded'. I replied that it mentions nothing about the A's. Of course it excludes, (by definition only) the A's - in the same way that it excludes the entire world population, barring JB, his team and appointed experts.

 

[Paintr]

ORLANDO, Fla. — A judge ordered prosecutors Tuesday to turn over photos and X-rays of the remains of Caylee Anthony to defense attorneys for her mother, who is charged with murdering the Orlando toddler.
http://www.foxnews.com/story/0,2933,472146,00.html

Tuesday = December 23rd.

I agree, cutting it close but there were the holidays to consider. Why didn't JB file to protect this info. Seems that KC should be concerned about this issue.

 

[Chilly Willy]

Now that their attorney went to discuss this motion with the SA's Office, I would say they ARE part of this motion or at least the discussion of it.

Yes, they are NOW, part of it.

ORANGE COUNTY, Fla. (WOFL FOX 35, Orlando) -- On Wednesday George and Cindy Anthony’s attorney, Brad Conway, met with the State Attorney's Office and lead investigators telling them his clients want strict regulations put on how three discs with photos and x-rays taken during Caylee's autopsy are handled by their daughter Casey Anthony's defense team.


http://www.myfoxorlando.com/myfox/p...n=1&locale=EN-US&layoutCode=TSTY&pageId=1.1.1

Excuse me for laughing here.

 

[Chilly Willy]

I agree, cutting it close but there were the holidays to consider. Why didn't JB file to protect this info. Seems that KC should be concerned about this issue.

Why would JB file a motion against himself?

 

[Amster]

I do hope that the defenders of all things pertaining to G and C aren't completely devastated when that pedestal that they've been installed on crumbles.

Do we know if Casey has transferred her rights pertaining to Caylee to G and A? Would that be necessary for the A's to proceed with a funeral?

 

[Devon]

Good luck trying to get that point across, Devon. I gave up.

I know, I know!

 

[SeriouslySearching]

Link please? (And why are you laughing?!)

 

[Paintr]

Why would JB file a motion against himself?

I would think KC and team would be concerned about privacy and dignity of Caylee. She is the mother and he is her lawyer. Remove 'defence team' from the original and substitute 'anyone' and this motion would seem to be more logical comming from the defense. Didn't they know that these pics could generate income?

 

[BonKai]

I am certainly not a lawyer, but I can understand that the SA would NOT want pictures of EVIDENCE reproduced and/or sold. Clearly, these are pictures of where Caylee's remains were found and the condition they were found in and to be used at trial.

Of course the defense is entitled to any and all evidence as well as pics and x-rays, but should not be allowed to jeopardize it in any way, IE., selling pics of it. I believe that LE and the SA has evidence we have not seen yet. IF LE or the FBI are still investigating where the duct tape, garbage bag, and any evidence that was found with the body came from, then I am of the understanding that this particular evidence does not have to be shared even with the Sunshine Law that is in effect in Florida. LE and FBI may be doing testing on some of the evidence recovered, and until that testing is complete and forensics report is back, it does not have to be shared.

Sorry for the long post, but I just cannot understand why Baez does not agree that the pics and x-rays will be kept safe from being sold or reproduced in any way. JMO, it is because he wants to exploit it.

ETA: I would not be surprised if the Judge grants the States motion tomorrow.

Now I am going to go back to my corner because I am feeling such anger about all of it!

Well said.

I also agree with your last statement ~ I need to go to my corner before I get a "time out". :gavel:

 

[kh1967]

Why would JB file a motion against himself?

Because it is JB....He probably didnt even know what he did?!?!?

 

[Amster]

I saw Conway on tape after the hearing.....must have been edited....he was whining about the delay of the release of the x-rays and pics prohibiting the A's of having a funeral for Caylee. The part about the A's worried about the selling of these items wasn't mentioned.

 

[cocoamom]

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?

I don't believe the state is trying to withhold evidence, they are only trying to be certain that these traumatic, and probably vivid photos of poor Caylee don't end up on the internet and on the cover of the grocery store tabloids!

As far as your last paragraph, I wouldn't have any problem at all with the prosecution wanting to be sure that my baby's photos of skeletal remains didn't end up public! It is blatantly apparent to me that they only want the ME's photos and findings to try to shoot holes in them as was stated by another poster. The defense doesn't have a case all they can try to do is get KC off on some technicality - so they are looking for some mistake somewhere - anywhere to help their case. While they are at it, they can make some $$!

If the prosecution just wants reassurance that the photos won't be sold, why is JB objecting? UNLESS HE (or someone) WANTS THEM SOLD FOR $$$!

This trial is going to be laughable I'm sure!

 

[Bev]

Of course you're not seeing it. Why would the prosecutor make a motion to withhold evidence from the defense? That would be unconstitutional. By restricting this evidence, they're effectively limiting the right of the defendant to confront witnesses and her counsel from preparing a zealous defense. If this motion were to be granted it would set a dangerous precedent for the rights of all citizens.

I don't think that many people grasp that concept - they have so telescoped their vision to this one case, that they simply cannot grasp that this case can set precedent that can affect us all.

 

[bunnyphoenix1]

The prosecution was given 2 weeks to turn their autopsy reports over to the defense. I can't imagine what prevented them from filing this motion immediately rather than waiting until the 2 weeks was up.

The SA expressed their concern the pics would be sold at the first hearing, but the Judge ordered they be handed over with 14 days. I assume Xmas etc didn't count in those 14 days, so before the time was up, they put on the motion asking for restrictions re the dissemination of the photos...but for the xmas break, they may have done it sooner.

It is also possible that they've received info that there is a deal in place to sell these photos.

 

[BonKai]

So, if the defense is insisting on waiting on the ME's info instead of proceeding with their own examination, aren't the defense the ones delaying the burial? Why didn't the A's attorny meet with the defense to iron this out?

Well, in a "backwards" sort of way....:floorlaugh:...the Prosecution is holding up the burial because they filed a Motion to keep the photos sealed.

Sorry...couldn't resist.

 

[Chilly Willy]

I would think KC and team would be concerned about privacy and dignity of Caylee. She is the mother and he is her lawyer. Remove 'defence team' from the original and substitute 'anyone' and this motion would seem to be more logical comming from the defense. Didn't they know that these pics could generate income?

"Anyone" who would have access to the prosecution's photos would be limited to the prosecution and the defense. You think JB should have filed a motion barring the prosecution from selling the photos? The prosecution didn't file this motion citing concerns about "anyone" - just the defense team.