State files motion to proceed with check fraudUPDATE CASE TO BE SCHEDULED

[HRCODEPINK]

Been a while since Ive posted, I tend to think that the check charges going forward has 2 purposes:

1. To remove her comfort level of county jail...ramp up the heat in hopes of finally breaking her
2. To let her know they aren't screwing around bluffing anymore, they're coming after her on every count, even those as minor as check charges (compared to the heinious murder she commited on her daughter)

Bold is mine. I agree with this also as long as she get's prison time. Things are very different in real prison as apposed to jail, even if you are in solitary. Plus, her defense on the check charges could be relevant to the murder charges if she goes with the story about stealing to "help find Caylee" Under these circumstances they may be able to being in the check charges in the murder trial depending on relevance and the way it plays out. She would be better off taking the alford plea, still claiming her innocence, so that there would be no testimony locked in, just a plea and silence.

ETA: Depending on her defense on the check charges the SA might get some insight into what road the defense plans to take on the murder charges, which may also end up being a reason that the check charges trial would be delayed even further. I am sure JB will be filing to delay for this reason.

 

[Tuffy]

Been a while since Ive posted, I tend to think that the check charges going forward has 2 purposes:

1. To remove her comfort level of county jail...ramp up the heat in hopes of finally breaking her
2. To let her know they aren't screwing around bluffing anymore, they're coming after her on every count, even those as minor as check charges (compared to the heinious murder she commited on her daughter)

Excellent points! I think that once KC goes through the fraud trial, found guilty, and sentenced, then realizes that she is facing at least another year long wait to go through the same, it will start to get to her. She is going to face the same process as the fraud trial, but it will be a murder trial with the death penalty as an option.

 

[Patty G]

If Casey is found guilty of all "fraud and check" charges and sent to prision, keep in mind she would only serve 85% of the time MINUS the time served in jail.

Inmates will serve a Minimum of 85%
Those sentenced to prison in Florida who committed their crimes on or after October 1, 1995 will serve a minimum of 85% of their sentences. This applies to all inmates, regardless of the type of crime they committed. On December 31, 2005, more than three-quarters (80.2%) of all inmates in prison had been sentenced under the 85% law. This percentage represents only those inmates who have every component of their sentence covered by the 85% law. When calculating how much time an inmate will serve in prison you must first calculate 85% of his or her sentence, and then subtract any county jail time already served.
[ame="http://www.websleuths.com/forums/showthread.php?p=3899178#post3899178"]State files motion to proceed with check fraud charge - Page 8 - Websleuths Crime Sleuthing Community[/ame]


Although I can't confirm the following, but I believe when someone is sentenced in Florida anything over 1 year and one day they go to prison. I am still trying to find something to clarify this info. I am only going on someone that had a felony and received a sentence year and a day so they didn't go to prison.

 

[countzero]

Depends on if they give her prison time or jail time. If they go easy on her she could get jail time. Here in Va, I think that you can stay in jail up to three years on certain charges. However, with so many charges and the fact that it was not something done out of necessity, but to party it up, I doubt she will get jail time, but you never know, with no priors before this. Although that is where there being so many charges would come into play. She went on a one woman crime spree!



I totally agree with this. The state is charged with keeping her safe now. We all remember what happened to Jeffery D. She won't be going in gen pop for a LOOOOONNNNGGGG time, if EVER!! I am curious about Florida's prison conditions. Non-violent offenders in Virginia that have to be kept from others for their safety get put into the level 6 supermax facilities in super solitary confinement. Virginia is famous for our poor treatment of prisoners especially at the 2 supermax prisons. I wonder if it will be the same for her? Virginia is always shopping out our prisons to other states and taking people from everywhere. I would love to see KC in Wallen's Ridge of Red Onion here. They are famous around the world for human rights violations and abuse. Bet she wouldn't calling it her room there.

If Casey is found guilty of all "fraud and check" charges and sent to prision, keep in mind she would only serve 85% of the time MINUS the time served in jail.

Inmates will serve a Minimum of 85%
Those sentenced to prison in Florida who committed their crimes on or after October 1, 1995 will serve a minimum of 85% of their sentences. This applies to all inmates, regardless of the type of crime they committed. On December 31, 2005, more than three-quarters (80.2%) of all inmates in prison had been sentenced under the 85% law. This percentage represents only those inmates who have every component of their sentence covered by the 85% law. When calculating how much time an inmate will serve in prison you must first calculate 85% of his or her sentence, and then subtract any county jail time already served.
State files motion to proceed with check fraud charge - Page 8 - Websleuths Crime Sleuthing Community


Although I can't confirm the following, but I believe when someone is sentenced in Florida anything over 1 year and one day they go to prison. I am still trying to find something to clarify this info. I am only going on someone that had a felony and received a sentence year and a day so they didn't go to prison.

I do know in our Commonwealth of VA, the statute codes requires a pre-sentencing guideline be completed before the sentence is imposed by the Judge. All sentencing is done this way. All want to add that VA has the strictest rules on appeals. It almost takes an Act of God to get a verdict overturned on appeal.

Any crime that the point system puts over a sentence of up to one year, the prisoner is put in county jails. Any time over one year and one day they go to state prisons.

I agree that KC should be put in a facility similar to Red Onion. Where she is at currently is like being in a Hilton hotel room.

Does Fla have a similar system used for pre-sentencing guidelines? I also would like see the details of each of the fraud charges. And when KC is found guilty should be interesting to see how KC will be made to pay restitution. She sure as hell-o can't offer to come and clean as she offered up to SP to do after admitting she stole that check to pay AT&T. Oh I hope BOA is among the additional fraud charges.

 

[Pattymarie]

Depends on if they give her prison time or jail time. If they go easy on her she could get jail time. Here in Va, I think that you can stay in jail up to three years on certain charges. However, with so many charges and the fact that it was not something done out of necessity, but to party it up, I doubt she will get jail time, but you never know, with no priors before this. Although that is where there being so many charges would come into play. She went on a one woman crime spree!



I totally agree with this. The state is charged with keeping her safe now. We all remember what happened to Jeffery D. She won't be going in gen pop for a LOOOOONNNNGGGG time, if EVER!! I am curious about Florida's prison conditions. Non-violent offenders in Virginia that have to be kept from others for their safety get put into the level 6 supermax facilities in super solitary confinement. Virginia is famous for our poor treatment of prisoners especially at the 2 supermax prisons. I wonder if it will be the same for her? Virginia is always shopping out our prisons to other states and taking people from everywhere. I would love to see KC in Wallen's Ridge of Red Onion here. They are famous around the world for human rights violations and abuse. Bet she wouldn't calling it her room there.

Susan Smith is still alive

 

[spqr]

Good post, but a couple of minor points.

- KC is not charged with "First Degree Murder". She is charged with Felony Murder with the agravating circumstances of a child under 10 years old (I think 10 is the statutory age?). This is a diferent crime from the traditional "First Degree Murder/Premeditated Murder". It is basically what many would traditionally view as "Second Degree Murder of a Child". In Florida this is a Capital Crime. Premeditation does not have to be proven for this charge. (although it certainly does not hurt)

Snipped by me respectfully..

I need to correct one point...Casey was in fact charged with "First Degree Murder". Charge presented in circuit court, grand jury indictment of first degree muder, case number 482008CF156060.

 

[nephers]

This may have been mentioned, haven't read the whole thread, but I think the reason for the state pushing for the check charges now is so at trial she will already be a convicted felon. It's harder to get a jury to go for DP or First degree murder if someone has no priors.

 

[Jolynna]

If they have the forensics to show the papertowels in the trunk are from the same ones she bought at target (a huge if) they could get that in either way. They can show her making the purchase, they can show the receipt, they do not need to say that it was purchased with stolen funds. JB could object and probably would, but they are not using Casey's words against her, she is not being forced to testify, they are not inflaming the jury by stating facts not in evidence (stolen goods), and they are not using Amy's testimony about the funds. They would simply be placing the evidence in the defendants hands.

An analogy would be if someone shot multiple victims in seperate incidents with the same weapon and the trials were being held seperately. Defense could not keep the murder weapon out of the trial. But the state could not tell the jury that there is another victim shot with the same gun.

The paper towels in Casey's trunk could not be the paper towels KC bought with checks from Amy's account. Casey stole the checks after Amy went to PR on July 8.

The car went to the tow yard on June 30.

 

[Friday]

I wanted to follow up here to say that I don't think that the KC=ZG22 theory has anything to do with the forging of AH's checks directly, but if they can convict her of the check fraud charges beforehand, it would make it easy to introduce the evidence of her paying toward the ZG22 traffic ticket with the cash from BOA that same day in her criminal trial. That is IF she did. And IF she did, that will make all of the mysteries from that ZF22=KC thread make more sense, and out KC as the nanny. The possibilities here get me a little excited.:woohoo:

I apologize for my questions, but I've never followed the KC=ZG22 thread, and I can't find the time to play catchup for the next few weeks. So could you please tell me whether there's been any firm indication that LE has considered or investigated any connection between the KC/ZG traffic ticket payment that day?

If KC was pretending to be ZG that day, I assume the location where she paid the ticket would have video cameras all over the place?

Thanks so much in advance.

 

[Friday]

In the event KC were to plead Nolo contendere, is the court obligated to accept that plea, or can the prosecution insist on trying her anyway.

 

[faefrost]

Snipped by me respectfully..

I need to correct one point...Casey was in fact charged with "First Degree Murder". Charge presented in circuit court, grand jury indictment of first degree muder, case number 482008CF156060.

I stand corrected. Although I could have sworn that there was something unusual about the charge. Simple Felony Murder + murder of a child.

 

[Meemom]

respectfully snipped & bolded

Does Fla have a similar system used for pre-sentencing guidelines? I also would like see the details of each of the fraud charges. And when KC is found guilty should be interesting to see how KC will be made to pay restitution. She sure as hell-o can't offer to come and clean as she offered up to SP to do after admitting she stole that check to pay AT&T. Oh I hope BOA is among the additional fraud charges.

OOh, OOh, OOh! Maybe this is a way for SA to open up KC financials, make her account for where any licensing money went...if she is paying JB & the wonder team, is there any money left for restitution?

 

[Friday]

Yes, if Casey's defense on the fraud charge puts her on the stand (I will win powerball first) than she could open the door.

The only real defense in the fraud case is to say that she accidently picked up the wrong checkbook, supported by her signing her own name and using her own ID (cajones!) and that she never had an opportunity to right the situation as she has been in jail since becoming aware of it. But I have no idea how JB is going to say that is not her on the tapes.

Don't worry about the wrong checkbook excuse. KC also signed Amy's name to some checks. Besides that, in a jail videotape with the A's, KC says she feels bad about using Amy's money and she also explains the circumstances were desperate (paraphrasing here). She never claims it was an innocent mistake. In fact, IIRC, she soon afterward reiterates that she would lie, cheat, and steal to protect her daughter. :sick:

 

[Kimster]

I apologize for my questions, but I've never followed the KC=ZG22 thread, and I can't find the time to play catchup for the next few weeks. So could you please tell me whether there's been any firm indication that LE has considered or investigated any connection between the KC/ZG traffic ticket payment that day?

If KC was pretending to be ZG that day, I assume the location where she paid the ticket would have video cameras all over the place?

Thanks so much in advance.

I read that thread a long time ago and the theory was debunked at that time. Not sure if it was resurrected, though! That happens around here! LOL! O/T Good to see you again, Friday! Nice to cross paths with friends here! :blowkiss:

 

[Kimster]

I apologize for my questions, but I've never followed the KC=ZG22 thread, and I can't find the time to play catchup for the next few weeks. So could you please tell me whether there's been any firm indication that LE has considered or investigated any connection between the KC/ZG traffic ticket payment that day?

If KC was pretending to be ZG that day, I assume the location where she paid the ticket would have video cameras all over the place?

Thanks so much in advance.

I read that thread a long time ago and the theory was debunked at that time. Not sure if it was resurrected, though! That happens around here! LOL! O/T Good to see you again, Friday! Nice to cross paths with friends here! :blowkiss:

 

[Friday]

Snipped

Do we know if she may have used her ZG22 ID to cash the BoA check she made out to cash? I can't remember if we have the cancelled check on that with a signature or not, and if it was KC's or ZG22. If she cashed any of Amy's checks with a ZG22 sig and ID, she may have also intended on blaming Zanny the Nanny for carjacking and stealing AH's checkbook as well.

Now THAT would be a slam dunkeroonie!

Whoa--Do we know for certain that Casey had a ZG ID????!! If so, where have I been? Duh

Also, if we do know she had such an ID, what does the "22" signify?

Help, please, Sleuths.

 

[countzero]

Snipped


Whoa--Do we know for certain that Casey had a ZG ID????!! If so, where have I been? Duh

Also, if we do know she had such an ID, what does the "22" signify?

Help, please, Sleuths.

NO, unfortunately we do not. But I am willing to be that last dollar in my checking account that LE has it.

 

[Intermezzo]

It would be an excellent idea for her to plead guilty to the fraud charges with the hope of a lesser sentence, however, I would prefer she got the maximum in consecutive sentences. The videotape evidence along with her handwriting on the checks is a huge mountain for the defense to overcome. Also, the items purchased at Target hardly go toward searching for Caylee, so that would be another lie. :behindbar MOO

Agreed!

 

[KenoshaKid]

Snipped


Whoa--Do we know for certain that Casey had a ZG ID????!! If so, where have I been? Duh

Also, if we do know she had such an ID, what does the "22" signify?

Help, please, Sleuths.

Theres a whole thread on it here:
http://www.websleuths.com/forums/showthread.php?t=80667&highlight=traffic

 

[Friday]

I read that thread a long time ago and the theory was debunked at that time. Not sure if it was resurrected, though! That happens around here! LOL! O/T Good to see you again, Friday! Nice to cross paths with friends here! :blowkiss:

Phew, I thought I'd somehow overlooked a really major development in the case, Kimster.

Nice to see you again, too! :blowkiss: