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

[Tracey276]

I'm not sure I see the point. Check fraud for such a minimal amount would be a misdemeanor at most and it's not like she would get time. She has no previous criminal record. If that was the only charge, she'd probably get a fine and probation.

Anyone out there have access to the Florida penal code?



~Jai Yen

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!

 

[Tracey276]

She stole from her own grandparents, one of whom is in a nursing home, so I'm not surprised at all that AH meant nothing to her. Thankfully she decided to press charges! I agree though it is evil and betrayel. MOO

Don't you all remember, KC HAD to take money from Amy, Zanni the Nanny told her to, in the script? She said KC must go and buy herself some clothes, lingerie and beer. Or else she wouldn't get Caylee back!

Kc told everyone from the beginning, she would do whatever, lie, cheat, and steal to get her daughter back. :liar:

My, my how could you all forget?? :slap::banghead:

 

[chelle70]

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!

Thanks for posting this. I agree, KC needs to go ahead and be tried for these financial charges, or just plead guilty, which I doubt she'll do!

BTW, I think that Bank of America paid Amy back for the money KC stole shortly after it all happened last summer.

 

[The World According]

KC is not ZFG. There is no ZFG, beyond the poor woman who got dragged into this because of KC's lies. ZFG was just a lie KC threw to her mother.

The other fraud charges relate to KC stealing her grandparents. A crime that was never officially reported to police, but was found out during the investigation of Caylee's disapearence.

Of course it was reported by the financial institution that had to reimburse Grampa's account for the nursing home. They had t reimburse Shirley and I can assure you the bank does not/ would not just eat the loss and kiss it up to God. Banks take fraud very seriously, as they should, imo You can bet that at a minimum they reversed the charges and got paid back by the cell phone company and in that instance the cell phone company would have a right to make a police report. Her damage reaches pretty far.

 

[faefrost]

Of course it was reported by the financial institution that had to reimburse Grampa's account for the nursing home. They had t reimburse Shirley and I can assure you the bank does not/ would not just eat the loss and kiss it up to God. Banks take fraud very seriously, as they should, imo You can bet that at a minimum they reversed the charges and got paid back by the cell phone company and in that instance the cell phone company would have a right to make a police report. Her damage reaches pretty far.

I think that the specific checks regarding her Grandfather were reported. But I seem to recall reading that there were some earlier incidents involving Grandma that may have also been discovered during the overall investigation. Didn't CA's brother say something to that effect awile back? I suspect the other possible fraud charges involve things done to family members that may have chosen to keep quiet. They may also be finding activities and signatures on CA's credit cards that do not correspond to CA or GA.

 

[impatientredhead]

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!

These are a series of felony charges.
Again in normal circumstances she would not be likely to do serious time.
Reimburse victims, the court, and probation would be most likely.
Taking a petty thief and sending them to prison doesn't do much to reimburse the victims and it makes it much more likely that they will become career criminals. We operate under the hope that the first serious brush with the law, ramifications and probation will get your average petty thief on track. Of course not applicable in this case.

But in the state of Florida being a convicted felon is an aggravating circumstance. As is the age of the child. And being the caretaker of the victim. The prosecution is going to want to argue in the penalty phase as many aggravating circumstances as possible. The defense will get to argue any and all mitigating circumstances that should keep his client off death row, age of the defendant, history of abuse growing up, mental health, drug use at the time of crime, history of brain injuries etc.....

Casey being convicted of a felony will be important in that phase of the trial. Not sure I honestly believe the judge will let the financial charges go ahead of the murder case since it is a death penalty case.

 

[impatientredhead]

If she was convicted of the fraud charges would they still keep her in her protective custody situation because of the high visibility of her murder trial? I can only imagine the flurry of histrionic motions about compromising KC's safety that would be cranking out of JB's office at the speed of a Kinko copier on steroids.

Also, wouldn't it be kind of amusing for the state to make KC sit and watch her White Knight make a total idiot of himself on something as simple as her fraud/forgery case first? She may be naive enough to think he is doing a decent job in her limited exposure to court during these motions, but might change her mind when she sees how quickly and efficiently the SA could eviscerate JB's case in actual court. It might be the epiphany the SA might be waiting for to allow AL an opening to convince KC that her Paper Svengali is just that, a piece of origami. I'm sure they would welcome any opportunity to avoid future allegations of unprofessional or unqualified counsel.

She will remain in protective custody.

The state is now charged with protecting her while she does her time.
As mentioned above all death row inmates have single cells and no community yard time. High profile criminals, sex offenders, baby killers are either kept in protective custody or in their own wing with others like them. As long as the officials feel the prisoner would not be safe in general population or that their presence in general population would cause such disruption to put officers at risk they will be kept out.

Didn't they keep Pam Smart out for awhile and then put her in general population and she got beaten really really badly? Celebrity and attention paid to her seemed to be the issue there.

 

[Friday]

I think the State HAS to get the fraud trial heard before the murder trial. The theft and forgery are so wrapped up in Casey's actions in June and July, they are an important part of the state's case. If they have to avoid mentioned them, they are going to have a jerky, jump around kind of prosecution which might confuse jurors. They want to give a clear and concise time line and lay out exactly what happened step by step. That would be nearly impossible if no mention of the check forgeries, etc. are allowed. This is a very important motion by the State and I will be following it very closely. I think this is one of the most important steps the State can take. A lot will hinge on what the judge rules, maybe even the outcome of the murder trial. This one has me worried.

I was sort of hoping LE would wait to see if KC was somehow acquitted on the murder charges before she was prosecuted on the bad-check charges. That way, I figured if a jury knew she'd gotten away with murdering Caylee, they'd want to send her to prison for 65 years (or whatever the maximum consecutive sentences are) for the bad-check-related charges.

 

[Friday]

They can get Amy and Grandmother on the stand to testify that she took checks and money from them, that is going to be sobering for Casey. If she gets on the stand, which I do not believe she will, they can pin her down to testimony they can use against her at the murder trial. Once she is found guilty, her punishment could be more than ten years in prison. Knowing that she is absolutely, positively not going to get out at least until then may help her want to accept a plea deal. As we sit here today, she has pushed this to the back of her mind and Jose has her convinced she can beat the murder charge. This would be a desperately needed slap of reality. What would be great is once she is convicted if she is removed from her perpetual protective custody and put in the general population. There she will face her reality and if anything this side of heaven is going to bring her to her knees, it will be this contrasted to the relative peace she enjoys being segregated. I think it is brilliant on the part of LE! Inspired, even.
__________________ I know people are concerned about the cost to the taxpayers, but if there is any chance this can help avoid a protracted murder trial the money saved the good taxpayers will be extreme.

As I read your post, I was feeling more and more buoyed up by your logic--and then it hit me: What if going to jail has the opposite effect on KC and makes her willing to take any risk just to avoid spending more time behind bars?

 

[LeLe1953]

I was sort of hoping LE would wait to see if KC was somehow acquitted on the murder charges before she was prosecuted on the bad-check charges. That way, I figured if a jury knew she'd gotten away with murdering Caylee, they'd want to send her to prison for 65 years (or whatever the maximum consecutive sentences are) for the bad-check-related charges.

Friday,
I hadn't thought of it that way but you make perfect sense.

 

[LeLe1953]

As I read your post, I was feeling more and more buoyed up by your logic--and then it hit me: What if going to jail has the opposite effect on KC and makes her willing to take any risk just to avoid spending more time behind bars?

Interesting. What risk do you think she might be willing to take?

 

[Friday]

Interesting. What risk do you think she might be willing to take?

I meant that even if new, damning, incontrovertable evidence turned up--and even if the entire defense team urged KC to accept a plea--she might still prefer to risk going to trial rather than accept any deal that meant more years behind bars.

Sorry I wasn't more clear in my original post. :blowkiss:

 

[LeLe1953]

I meant that even if new, damning, incontrovertable evidence turned up--and even if the entire defense team urged KC to accept a plea--she might still prefer to risk going to trial rather than accept any deal that meant more years behind bars.

Sorry I wasn't more clear in my original post. :blowkiss:

:blowkiss: No, it wasn't that your post was not clear, it was. I just wanted your take on what you thought which risk she might be willing to take. I agree 100%, she will not plea, she will take her chances with a jury. KC has never been held accountable so she has no concept of a jury holding her accountable.

 

[impatientredhead]

:blowkiss: No, it wasn't that your post was not clear, it was. I just wanted your take on what you thought which risk she might be willing to take. I agree 100%, she will not plea, she will take her chances with a jury. KC has never been held accountable so she has no concept of a jury holding her accountable.

I cannot imagine she thinks she is going to walk away from prison, ever.
And to me that guarantees she is going all the way every trial. She LOVES the attention. She thinks she is a celebrity. There is no plea deal that will actually ever be offered that is worth the trade off to her. Give up the media and her lawyer visits? Nope.

 

[Bobbisangel]

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.

 

[passionflower]

Maybe this will help her X best gfriend get more justice!
After all kc did STEAL from everyone and finally got caught on that also!

 

[Searchfortruth]

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.

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.

 

[Mystic]

If the Judge allowed the ZFG proceedings to continue before the criminal case I can't see how JB could stop the check fraud charges. Yet from reading this thread it sounds like if she pleads guilty (which she should do in light of the evidence) it will leave her with a record for the criminal case. Can JB win a motion to stop it from proceeding due to it possibly giving her a record prior to the other case.. like is that even possible?

This case won't even necessitate bringing up Caylee so I personally can't see any reason the Judge wouldn't let it continue. In the ZFG case there is so much related to Caylee and it was allowed.

 

[cecybeans]

She will remain in protective custody.

The state is now charged with protecting her while she does her time.
As mentioned above all death row inmates have single cells and no community yard time. High profile criminals, sex offenders, baby killers are either kept in protective custody or in their own wing with others like them. As long as the officials feel the prisoner would not be safe in general population or that their presence in general population would cause such disruption to put officers at risk they will be kept out.

Didn't they keep Pam Smart out for awhile and then put her in general population and she got beaten really really badly? Celebrity and attention paid to her seemed to be the issue there.

I pretty much figured that would be the case; the state would never allow anything to put her in jeopardy, there is too much at stake. I'll admit, I was just looking for an excuse to imagine JB as an origami frog and secondly, I was having a self-indulgent fantasy moment of perhaps how it might be somehow arranged for KC to take a little "field trip" to tour what her new neighborhood in the state penn would be like if she managed to escape the DP and its attendant continuation of protective custody (I believe there Florida State Prison outside of Jax has the only DP wing for females currently), but got a LWOP sentence instead, or even, by some freak serendipitous accident, a lesser charge that would only a net her few decades (even if they also came with higher security level, they would probably be at Tallahassee, which is just not known for it's Hilton-esque hospitality).

I'm just imagining that the actual prison itself would not look nearly as swanky and comfortable and safe as her present, sheltered digs in the county jail and that she might accidentally overhear stories about how sometimes guards can be paid to "look the other way" or other unfortunate accidents might happen that could be considered injurious to one's general health.

 

[LEFT-COASTER]

Is anyone else a little suprized that Jose has not commented on this yet.
I expected him to make statements about how mean the state is being to his kc..