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

[Just Jayla]

She was indicted under multiple statues, one of which is premeditated. They also indicted for aggravated child abuse and aggravated manslaughter. The prosecutor has several routes to pursue.

Casey waived her right to a speedy trial on the fraud charges when the defense asked that it be delayed. It will not and cannot be dismissed for those grounds.

And I should have read you, too, IRH!

 

[impatientredhead]

IIRC, She waved speedy trail for the murder case, not the Check/id/fraud/etc cases. Which also seemed to be what the poster was talking about.

She has waived both cases.
Last fall the defense asked the court to delay the fraud charges so all resources could be devoted to the murder case. You cannot ask for a delay and demand your right to a speedy trial.

 

[Valrico Analyzer]

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)

 

[NocturnalLady]

They can use a conviction in the check case a couple of ways:

If found guilty the previous criminal record can be presented at the penalty phase. They seem to be getting as many aggravating factors as possible together.

It will also force some of these witnesses into sworn testimony. It sets the stage for perjury if any of these witnesses try to change their testimony in the murder case.

It will also prevent Baez from saying the check related events in the timeline need to be withheld from the murder trial as his client is facing charges related to those events. This will be very relevant in Amy's testimony.

In most jurisdictions you cannot enter a previous conviction as evidence in a current case as it creates bias in the jury. The state needs to prove the current case and when they do then the jury can be informed of the priors for the penalty phase. There have been many rape cases where the jury said they would have convicted if they knew about the priors but acquitted in a he said she said case for reasonable doubt.

JB will fight this going to trial first saying his client is fighting for her life in the other case and that this redirection of resources is unfair to his client. The state is usually pretty careful to make sure a DP defendant has had every opportunity to defend their life, so it should be interesting.

BBM.

That's a biggie because the state needs to be able to put together a time line in this case which will be very important for the jury in understanding the progression of events. If there is a big hole in that time line (because Baez wants these bad acts kept out) then it will be a big problem for the state.

This case is like a line of dominos - you can't have any breaks in the line in order to get the last one to fall.

It also is important as:
1. A huge indicator of Casey's frame of mind while her child was "missing".
2. Shows her ability to be cold and deliberate under stress (she walked right into that bank and cashed that check without blinking an eye).
3. It establishes her propensity for criminal behavior.
4. It shows that she has essentially stolen someone else's identity (reflects on her creation of ZFG).
5. Shows bad character - she stole from her best friend for pete's sake.

I'm really pleased that the state has gone ahead with this charge.

 

[NocturnalLady]

Since the check fraud happened during the same general time frame of the murder (soon after), I would think it would be very relevant to the murder case. If the defense plans on sticking with Casey's "I needed the money to search for my daughter" story, then it ties in very closely, IMO. Wouldn't it be better for Casey to plead guilty to the fraud charges ?

That's what Baez would have her do if he was smart. Any testimony from any of the players in the check case will be bad for the defense.

 

[chefmom]

OK---this is really taking it to another limb---but here goes---what if the investigation into ZFG has ended up with proof of hot checks written by ZFG---with video of KC cashing them. Could this be what is happening? Would they have to file charges against her on this or could they do it in court---like---surprise-surprise?

Now that is certainly an interesting thought! Hmm! :waitasec:

 

[ThoughtElf]

I just bumped this old thread that had some info and legal discussion on the charges and KC's guilty plea:

[ame="http://www.websleuths.com/forums/showthread.php?t=71132"]Casey enters no guilty plea today on fraud charges - Websleuths Crime Sleuthing Community[/ame]

There are 3-4 other threads about this, too. Just do a search for threads with 'fraud' in the title.

 

[NocturnalLady]

I agree with the alter ego theory. However, KC even signed her name on AH's checks then there is also those photos captured by the bank of KC cashing AH's check with her forged signature. Not sure how LE/SA could or would bring the ZG profile into this charge.

Also there are the claims that KC fraudulently used CA cc's and let's not forget SP's bank account removals. Same time period.

BBM.

Yes and proving the check case would also possibly open the doors for those prior bad acts to be brought into the trial. Lawyers would have to weigh in on exactly how this would happen...

The state needs to prove that Casey had no money and stole to obtain her funds - thus had no money to pay a nanny. The A's didn't want to give an inch on that issue at the depo's. Maybe the state thinks that going this route will be easier than wringing the truth about Casey's employment and finances out of the A's on the stand.

 

[NocturnalLady]

I don't think the SA will even bring up Caylee first. Let JB state why KC committed fraud.

JB or KC will state the fraud was committed to help search for Caylee. Opens the door for the SA to ask questions.

Yep - the state doesn't need to prove why. Just prove that she did. The why will come into the murder trial.

 

[justthinkin]

If convicted of check fraud, KC will not be put into general population. There are no circumstances under which she would be admitted to general population before or after her murder trial is completed.

I don't know why some people can't understand this. The state can't place someone in general whose life would be at risk there. It is a no brainer that KC would be subjected to battery at a minimum in a gen'l. population environment if not outright killed by other inmates.

 

[azwriter]

Well, let's imagine that LE does go ahead with the forged check charges and Casey goes to trial.
If, and that's a big if, she took the stand on this charge, she would be asked background information. Like: her name, age, address. Along with that, I think the prosecution would also ask her if she was married or if she had any children.
Now, how does she answer a question about having a child? It would be wonderful to hear her have to say she had a daughter.
"And what is the age of your daughter, Miss Anthony?"
I would assume her legal team would object to the question, but geeeze I'd love to hear her be forced to answer questions about Casey.

Just dreaming here.

 

[Devon]

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.

KC is not charged with felony murder - she IS charged with 1st Degree Murder:

 

[MADJGNLAW]

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

I agree, it would be in her best interest to plea guilty since they have more than enough evidence to convict her on her economic charges. :waitasec:I am really curious at how far Casey will go with her lies. She is caught with her hand in the cookie jar with these economic charges and still pleads not guilty. Then she gets indited for Capital Murder (hope I got it right), and evidence mounts to her guilt and she still pleads not guilty. It's almost as if she wants to be found guilty of all charges. In a sick way wanting to say...hey I got one more over on you mom and there is nothing you can do about it I am in control again.

I am also wondering if the reasons the SA wants to have the economic charges now is because there is a time frame in which these matters need to be heard and if not heard then she can't be charged?

Or, because they want to bring in the paper towels into evidence that were found in the trunk..maybe they traced the paper towels (full of decomposition and other), that were bought from target back to Casey?
July 8 @ 11:59 AM

*- - - - - VERSION 000.025.416 - - - - *
07/08/08 1760 0095 8514 BEG:11:59 AM
RECEIPT ID# 2-8190-1760-0095-8514-1
R-EMP# 29921459 (SALE)
001:S253030055 BOUNTY BASIC 6.00 T

 

[impatientredhead]

I agree, it would be in her best interest to plea guilty since they have more than enough evidence to convict her on her economic charges. :waitasec:I am really curious at how far Casey will go with her lies. She is caught with her hand in the cookie jar with these economic charges and still pleads not guilty. Then she gets indited for Capital Murder (hope I got it right), and evidence mounts to her guilt and she still pleads not guilty. It's almost as if she wants to be found guilty of all charges. In a sick way wanting to say...hey I got one more over on you mom and there is nothing you can do about it I am in control again.

I am also wondering if the reasons the SA wants to have the economic charges now is because there is a time frame in which these matters need to be heard and if not heard then she can't be charged?

Or, because they want to bring in the paper towels into evidence that were found in the trunk..maybe they traced the paper towels (full of decomposition and other), that were bought from target back to Casey?
July 8 @ 11:59 AM

*- - - - - VERSION 000.025.416 - - - - *
07/08/08 1760 0095 8514 BEG:11:59 AM
RECEIPT ID# 2-8190-1760-0095-8514-1
R-EMP# 29921459 (SALE)
001:S253030055 BOUNTY BASIC 6.00 T

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.

 

[SoSueMe]

IIRC, these fraud charges are not light. Somewhere there should be a thread on this. Seems like if convicted, and the sentences are run consecutive (not concurrent), 68 years was mentioned. Of course, my memory ain't what it used to be!

If convicted and sentenced on the fraud charges, this will take her out of the cush OC jail and put her in the unairconditioned prison, right? She's had it pretty good at the OC jail.

 

[MissJames]

If KC pleads guilty and there is no trial can the SA still bring the evidence from the check fraud case into the murder trial?

 

[impatientredhead]

If convicted and sentenced on the fraud charges, this will take her out of the cush OC jail and put her in the unairconditioned prison, right? She's had it pretty good at the OC jail.

It would depend on the sentence she received.
Some sentences are served in county.

 

[yolorado]

And I've got money on the table that during that fit there will be uttered, at least once if not a dozen times, the words

uhhhh
taint
ummmm
jury
uhhhh
pool

Uhm, yeah, uh, I ummm, think you've uhhh got it. Ummmm.

 

[SoSueMe]

It would depend on the sentence she received.
Some sentences are served in county.

Drats!

 

[HRCODEPINK]

If convicted and sentenced on the fraud charges, this will take her out of the cush OC jail and put her in the unairconditioned prison, right? She's had it pretty good at the OC jail.

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!

If convicted of check fraud, KC will not be put into general population. There are no circumstances under which she would be admitted to general population before or after her murder trial is completed.

I don't know why some people can't understand this. The state can't place someone in general whose life would be at risk there. It is a no brainer that KC would be subjected to battery at a minimum in a gen'l. population environment if not outright killed by other inmates.

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.