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

[The World According]

I believe KC is charged for this theft as a felony. I snipped this from a lawyers website. http://www.flsenate.gov/Statutes/in..._Statute&Search_String=&URL=ch0812/Sec014.HTM

There were many more instance but this was most applicable. She most certainly can get jail time for this. And if the prosecutor wants to give NO leniency, that is exactly what could happen.

However, I highly doubt, this is their objective for wanting to bring her to trial on this now. I think part of the reason is that, KC's defense seems to think everyone else who KC committed a crime against should wait for justice, just because she has her own problems. I don't think AMY or ZFG should have to wait years to get their cases resolved, just because KC committed many crimes and murder being one of them. I hope she just pleads guilty and it's over. We know Amy isn't getting anything back anyway. So, I hope she will at least get the proverbial "win" or "justice" at least.

(c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is:

1. Valued at $300 or more, but less than $5,000.

2. Valued at $5,000 or more, but less than $10,000.

3. Valued at $10,000 or more, but less than $20,000.

If someone else already posted a reference about this, I apologize, I haven't gotten through the entire thread yet. LOL!

I can assure you the prosecutor wants to cut her no slack, that is one thing in this life I know for sure!

 

[akashana]

It seems to me the only advantage to having the fraud trial first is then during the sentencing part of the murder trail it can be said that Casey does have a criminal past. When Casey was shopping at Target she bought only for herself. I wish there was some way it could come up during the fraud trial that she didn't buy one thing for Caylee and ask why. I know that won't happen as this isn't about Caylee. I doubt that George or Cindy will be called to testify but some of her friends will be.

When Casey is found guilty of fraud x times I hope that she is sent on to prison instead of being housed in the jail. She will no doubt still have a cell of her own but it will be a lot different in prison verses jail. She will get a good taste of what her life is going to be life forever. I don't look for her to ever change her plea and I doubt that the state would even consider giving her a plea deal. She has nothing to offer them in exchange. The jury will have the choice of the DP or LWOP so the state doesn't need to lower the charges to LWOP if she agrees to a plea. It would save a expensive trial but wouldn't that take the air out of Baez's sails..lol. He is counting on being the big man in this trial and getting lots of publicity during the trial. The rest of them are probably counting on the same thing.

I hope the judge agrees to have the fraud trial first. Heaven only knows when the murder trial will take place. Might as well clear some of this off the court calendar.

MY BOLD

I don't know the Florida penal system, but here in Louisiana prisoners often welcome transfers from overcrowded city and parish jails to the state prisons, Angola possibly being the exception. The reason is the local jails offer limited recreational and vocational programs and have very few inmates cleared to work as trustees. Basically they just sit around all the time and play cards and they get bored out of their minds. Also the local jails can be staffed with COs the inmates have longstanding beefs with from school days or just being out in the community. The benefits of being housed in county jails include being close to family, friends and girl- or boyfriends to facilitate visitation, but as we see in KC's case, that is a non-issue. She will probably be in PC for a long time no matter where she is eventually sent, but she may get integrated into GP at some point. She will always be notorious, and that carries its own stigma in prison.

 

[akashana]

The tapes of her shopping with stolen money (without Caylee) will also be shown during the murder trial, right ?

I wonder how Amy feels about having to testify. I think about these young people that trusted Casey, just starting out on their own in the world, then coming to find that what they thought they knew about her was a lie. And it's not even close to being over for these young people, knowing they will have to testify in a trial with such publicity and face the "friend" that betrayed them and her daughter.

I worry about Amy too. She is young, and seems more than a bit naive. I know this ordeal will alter, has altered her life irrevocably. By all accounts she seems like a nice girl, maybe a little confused about where she is going in life, but she's still young and unfettered, and there's no crime in that. Betrayals happen, sometimes by friends and even family, but this was so extreme and horrific and played out for all the world to see, private emails and texts exposed. I have a daughter about her age, and it would kill me to watch her go through what Amy has had to go through. And we are not yet at trial. I hope that she gets some counseling for the issues that she may have after all this is finally over.

 

[Themis]

ClockWatcher---Thanks so much for trying to help me. I still can't wrap my brain around what is happening. It isn't you. My brain has the power of a 5 yo. and I just don't understand all the legal mumbo jumbo. I never understood why legal papers have to be so (?) legal sounding. OMG I am hopeless. If they would just get on with the crap then I wouldn't have to try and understand. All I know is it has been 2 weeks since the state filed this mess and I want to go on with it.:blowkiss:

MAMABEAR, with ever motion the prosecution makes, the defense has several weeks to file their response. When a motion is filed, it is usually accompanied by a motion itself, any declarations of witnesses, copies of any evidence that has a bearing on it, a legal research and argument of each point called "Points and Authorities" and finally a proposed order. At least that is the way it should be done. Most attorneys are working 40 or more cases at a time. It does take time to file the oppositions. Then, there is another chance before the hearing for the one who wants the motion to file a reply to the opposition. All of this has to be turned into the court in accordance with a strict schedule. For example, the motion must be filed and served on the defendant about 21 days prior to the hearing. Then the opposition about 9 days before the hearing and the reply about 5 days before the hearing. From the side of the desk of someone who writes these motions, this is a crunch schedule and often the defendants/respondents will ask for more time and delay the hearing on the motion. The reason it has to be filed on this schedule is so the court's attorneys can go over it and identify the strong points and weak areas for the judges. Then, at the hearing, the judge will listen to argument and ask the attorneys questions on the strong and weak points. So, yes, it does take time.

 

[Themis]

I worry about Amy too. She is young, and seems more than a bit naive. I know this ordeal will alter, has altered her life irrevocably. By all accounts she seems like a nice girl, maybe a little confused about where she is going in life, but she's still young and unfettered, and there's no crime in that. Betrayals happen, sometimes by friends and even family, but this was so extreme and horrific and played out for all the world to see, private emails and texts exposed. I have a daughter about her age, and it would kill me to watch her go through what Amy has had to go through. And we are not yet at trial. I hope that she gets some counseling for the issues that she may have after all this is finally over.

Sometimes a very strong personality like KC's can overwhelm somebody like Amy. I agree, this has to be very traumatic for Amy. Amy needs to step way back from this, get herself very grounded, stand on her own two feet and do all that she can to cooperate with the prosecution. Her friendship with KC was not a balanced one and it has ended by circumstances. Amy needs to move forward knowing she did the right thing for herself and her community. Thanks for being compassionate towards Amy. She is truly a victim here too. :blowkiss:

 

[essies]

Sometimes a very strong personality like KC's can overwhelm somebody like Amy. I agree, this has to be very traumatic for Amy. Amy needs to step way back from this, get herself very grounded, stand on her own two feet and do all that she can to cooperate with the prosecution. Her friendship with KC was not a balanced one and it has ended by circumstances. Amy needs to move forward knowing she did the right thing for herself and her community. Thanks for being compassionate towards Amy. She is truly a victim here too. :blowkiss:

ITA Themis! Hopefully, Amy has good support from her family and friends! I'm sure quite a few of the people drawn into this web of KC's making have probably gotten together to lend each other a shoulder to lean on! And I'm sure LE and the SA has given her good advice! Hang in there Amy!:blowkiss:!

 

[MAMABEAR]

Thanks Themis! Looks like it is gonna be a long time. Guess I can sit back and shut up and just wait. Grrrrr! LOL Maybe Judge S. is as tired of the mess as we are and can hurry it along some.

As for the peeps in the wake of this mess---poor peeps. I just can't believe there were so many of them. They will make it---youth and all---except for poor ole Kronk. Maybe when e-thang is laid on the table then the defense will have to back off the peeps. No telling what surprises will come down from the State.

 

[essies]

I still can't get over the cajones and the gall KC and her lawyers have to plead not guilty when you've got her on video and the documentatiion to prove it! Does KC think that saying "I'm sorry-I was desparate" is going to excuse that?:banghead:

 

[chefmom]

I still can't get over the cajones and the gall KC and her lawyers have to plead not guilty when you've got her on video and the documentatiion to prove it! Does KC think that saying "I'm sorry-I was desparate" is going to excuse that?:banghead:

I wonder what "can of worms" will be opened up if KC and company plead not guilty in the fraud case and then use the "I needed the money to look for my daughter who was kidnapped" excuse? :waitasec: Seems the pros will have a lot of questions for them if they do!

 

[essies]

I wonder what "can of worms" will be opened up if KC and company plead not guilty in the fraud case and then use the "I needed the money to look for my daughter who was kidnapped" excuse? :waitasec: Seems the pros will have a lot of questions for them if they do!

Yeah! Like did ya need new clothes, hair, nails and a tattoo to look for your daughter? I'm sure the state is gonna show what KC spent the money on! Everything but a gas can!:crazy:

 

[Intermezzo]

http://www.wftv.com/news/19979145/detail.html

snipped

"Additionally, the judge said that he wants an affidavit from Amy Huizenga showing she wants to invoke her right to a speedy trial in the check fraud case that the prosecution wants to move forward on. Casey is charged with stealing her friend's checkbook and buying personal items with forged checks."

 

[ClockWatcher]

Ahhhh Man! Another flippin' delay??

I'm sure Judge S is just trying to "go by the book," but seriously, I didn't see anything in the statute that REQUIRED the VICTIM to file an affidavit along with the States motion for the Speedy Trial. Come On Already, Judge S!!

 

[Intermezzo]

Ahhhh Man! Another flippin' delay??

I'm sure Judge S is just trying to "go by the book," but seriously, I didn't see anything in the statute that REQUIRED the VICTIM to file an affidavit along with the States motion for the Speedy Trial. Come On Already, Judge S!!

I wonder if he is covering all the angles, that not only the State wants to proceed with this trial but the victim as well and wants it in writting?

 

[ClockWatcher]

Yes, Intermezzo, as he should. In this case though, the State of Florida has enacted a law that's supposed to prevent Defense tactic's of delay after delay after delay. I'm of the opinion that it is unnecessary for Amy to provide an additional affidavit.

Yeah, it's a C.Y.A. move by the judge.

If the Pros. can get Amy in there today and get the affidavit filed, do we have to wait until the next "calendar call" day or will he set a trial date upon receipt of the affidavit?

 

[chefmom]

I wonder if he is covering all the angles, that not only the State wants to proceed with this trial but the victim as well and wants it in writting?

That makes sense. The judge and the state are just trying to close every loop hole that KC and company might try to use later for delays and/or appeals. And, though it is very frustrating for those of us that want to hear her pronounced "Guilty", it is probably better in the long run. Let the judge and the state dot all of their i's and cross all of their t's! Then, when she gets put away, it will be for good! JMO, of course!

 

[Dear Prudence]

Yes, Intermezzo, as he should. In this case though, the State of Florida has enacted a law that's supposed to prevent Defense tactic's of delay after delay after delay. I'm of the opinion that it is unnecessary for Amy to provide an additional affidavit.

Yeah, it's a C.Y.A. move by the judge.

If the Pros. can get Amy in there today and get the affidavit filed, do we have to wait until the next "calendar call" day or will he set a trial date upon receipt of the affidavit?

I thought I heard the Judge say in the meeting today that the defense needed to file their objection to the state's motion for trial and then it could be decided if they needed a hearing on the matter or he could just make a ruling.

 

[Intermezzo]

Yes, Intermezzo, as he should. In this case though, the State of Florida has enacted a law that's supposed to prevent Defense tactic's of delay after delay after delay. I'm of the opinion that it is unnecessary for Amy to provide an additional affidavit.
Yeah, it's a C.Y.A. move by the judge.

If the Pros. can get Amy in there today and get the affidavit filed, do we have to wait until the next "calendar call" day or will he set a trial date upon receipt of the affidavit?

BBM
Yes, It may be unnecessary for Amy to provide an affidavit yet I feel in this case, with these players, it may be judicially prudent to do so

 

[countzero]

Naw, I am not upset. KC can wait in jail while I sit waiting in front of my 52" HDTV 1080 Sharp tv with stereo surround sound drinking my coffee, wine what have you and eating healthy foods.

 

[essies]

Naw, I am not upset. KC can wait in jail while I sit waiting in front of my 52" HDTV 1080 Sharp tv with stereo surround sound drinking my coffee, wine what have you and eating healthy foods.

While you sit on your computer nline:and talk to your peeps :grouphug:here at WS 24/7 if ya want to! Go ahead KC-enjoy your delay!:dance:

 

[magic-cat]

http://wdbo.com/localnews/2009/07/seldomused-law-may-force-casey.html

According to Mark NeJames, the former attorney for the Anthonys (Cindy and George) this is an uphill battle for the defense. Amy has a right to a speedy trial in this case and in all likelihood, she will get it! I hope so myself. I hope they nail her to the wall on every conceivable charge they can muster up. Caylee deserves NO LESS!