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

[Tuffy]

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!

Yeah, definitely uphill. I don't see how Casey could not be found guilty in this trial. There is video of her passing the bad checks, and her signature on Amy's checks.

In addition, I believe Casey admitted that she stole from Amy. I am surprised that she plead "Not Guilty."

 

[Themis]

MAMABEAR, you and I can only guesstimate at how the whole thing works. Google is my fickle friend, sometimes I can find the answers I want and other times Google takes me to places I really don't belong! I've been on a quest to find what a "calendar call" means in this case.

From what I've been able to determine, (probably way off the mark) the State has asked Judge S. to... hurry up already!!... and set a date for the check fraud charges. Depending on how he operates his courtroom and schedule, he may have set days of the week, or every other week for calendar call's. I'm not sure as to how that new law implemented in 2005 affects his schedule, as I haven't located that (yet!) in the Florida rules of procedure.

From what I've read so far, calendar calls are a kind of informal formality. Meaning, Judge S has his scheduled calendar call days and time, the parties show up and the judge says, "ok...I have this slot open in my calendar that I can squeeze you guys into." Then the party who filed for the calendar call has to "notice" everyone involved about the trial time and start doing all the pretrial stuff.

Like I said earlier, I'm probably way off the mark on how it all works, but until someone more knowledgeable than us can explain it accurately, this is what I think is happening.

Try reading at this site, linked below. It is from a different district (W. Palm Beach) but it did at least give me a little better understanding of what MAY be going down.

http://15thcircuit.co.palm-beach.fl.us/web/guest/judges/bonavita

If an attorney has a motion they want to make or the case is due for a case management conference (think of this as a mandatory procedure so the Judge can stay updated), the attorney (usually their support staff -- secretary or paralegal) calls the court and finds the next open time on the Judge's motions calendar. Once they have the date, time and court department, they serve the motion and give notice to the other side. Then, when the Judge presides over that calendar, he calls the case and they do whatever is scheduled that day. Calendar call.

 

[LambChop]

I would think this trial would go pretty fast. If KC were to take the stand I would imagine they could ask her questions regarding her statement she gave LE about her doing whatever she had to to find her daughter, including stealing. Now, if she were to testify could she still not take the stand in her other trial?

 

[Kathy1964]

Can the defense change plea to guilty to avoid this trial? If they were to do that, can the prosecution refuse the change of plea and proceed to trial?

 

[Searchfortruth]

I am so ready to see Casey sitting in that defendant's seat when Amy takes the stand. I look forward to Amy telling the court exactly how this "friend" took advantage of her kindness, in every way possible. Of course, this is small compared to the murder trial down the road, but it's something Casey will have to do some time over. She will then officially be a convicted felon, noone deserves the title more.

I wonder if Jose and team will even put up a defense. Casey told Tony on the morning of July 16th that she took Amy's money for her "back up plan". She told George she took it in a time of "desperation". Video shows her shopping at Target with the money... buying beer and snacks for her boyfriend...I wish the defense luck explaining this "desperation", they'll need it.

 

[spqr]

Can the defense change plea to guilty to avoid this trial? If they were to do that, can the prosecution refuse the change of plea and proceed to trial?

Yes, the defense can change the plea to guilty. Defendants have changed pleas on the day a trial has started(right before opening statements) as well as during a trial

 

[Whisperer]

Yeah!:woohoo:

Hope the judge agrees.....they need to get her out of that county jail and put her in the big house. She is WAY to comfortable in county.

 

[Whisperer]

The last time this was discussed in court, the judge ruled in baez's favor due to reason, "It would be more advantageous for the taxpayer to due this AFTER her murder trial". I was steamed.

This would be a very short trial, if held.

 

[doogiesgirl]

If the judge allows this check case to be postponed--I see problems with the public(and me!) for him. IMO he will lose public support big time (are county judges elected officials?).

His decision to postpone, yet again, her murder trial upset me greatly, even though I know he is just trying to make sure he follows the letter of the law to a T. I know that he is trying to make sure the eventual conviction(fingers crossed) sticks by giving the defense the time they say they need to prepare. But I do worry that in his aim to appear impartial and fair that he will go too far in giving the defense every little whim they ask for. I am worried that the reputation(& the very presence) of AL will cause him to rule in the defense's favor out of caution alone, where if not for her he would be tougher. I want him to stay that Judge S we saw at the beginning. The no BS, straight shooter who told KC that "the truth and Ms. Anthony are strangers". I think he is a good and honest judge but the fact that this case is being watched nationwide, by millions maybe.......IDK----seems to change even the best people. KWIM?? JMO

 

[RR0004]

If the judge allows this check case to be postponed--I see problems with the public(and me!) for him. IMO he will lose public support big time (are county judges elected officials?).

His decision to postpone, yet again, her murder trial upset me greatly, even though I know he is just trying to make sure he follows the letter of the law to a T. I know that he is trying to make sure the eventual conviction(fingers crossed) sticks by giving the defense the time they say they need to prepare. But I do worry that in his aim to appear impartial and fair that he will go too far in giving the defense every little whim they ask for. I am worried that the reputation(& the very presence) of AL's will cause him to rule in the defense's favor out of caution alone, where if not for her he would be tougher. I want him to stay that Judge S we saw at the beginning. The no BS, straight shooter who told KC that "the truth and Ms. Anthony are strangers". I think he is a good and honest judge but the fact that this case is being watched nationwide, by millions maybe.......IDK----seems to change even the best people. KWIM?? JMO

I hope he also stays "the same"...but in this case he also has to take into consideration AH's rights as well. I wonder if she did sign on for a speedy trial as was requested.

 

[CarolinaMoon]

I hope he also stays "the same"...but in this case he also has to take into consideration AH's rights as well. I wonder if she did sign on for a speedy trial as was requested.

I have a feeling that Amy would sign the paper in a heartbeat. Casey messed with her life soooo.... much!

She stole her checkbook and went on such a spending spree that did not look in any way like a "desperate" attempt to "find" her daughter.

The Anthony clan is trying to put Amy under the bus in the "vast conspiracy" and have forced her to hire an attorney and watch her back.

Jose Baez wants her phone records from forever and a day. She has to battle that.

She's going to have to testify at the murder trial, essentially putting part of her life on hold for at least another year. The stress of this must be awful.

Amy will be able to give a ton of testimony about how Casey stole the money. That would include stuff we probably haven't heard yet about the arrangements for the trip to PR. I have a feeling Casey made all the arrangements for the flights (even though she denied it) and collected the money from them. She then charged the flights on Cindy's credit card. I remember Cindy asking Casey in one of the jail conversations if she had made the flight arrangements and Casey denied it. Thing is, is Cindy covering up this fact... but it was probably found in the computer search. This is probably not discovery in the criminal case, so we may not have seen it yet.

Will Casey take a plea? It's possible if she listens to her attorneys. However, Casey has a strong will and may think she had good reason to do what she did and she's going to win the case.

Perhaps a conviction in the fraud case, should she not take a plea, would make Casey consider taking a plea in the criminal case. I figure Ms. Lyon would consider it a "victory" if she could go to the prosecution with a plea bargain of LWOP.

Might save the taxpayers a ton of money and keep Casey where she belongs. :behindbar

 

[doogiesgirl]

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.

AL too. Can you imagine how difficult it is going to be for this guy to ever completely trust another girl? So sad what KC has put so many people through. And like you said, this kind of thing stays with you forever. JMO

 

[Themis]

The following is an excerpt from the website of the Office of the Florida Attorney General, Bill McCollum.

A Guide for Victims
From the
Office of Statewide Prosecution

<Respectfully snipped.>

Common Questions Asked by Victims

<Respectfully snipped.>

How long will the process take?

The defendant has the right to a speedy trial, within 180 days (six months) of the time he/she is arrested and/or charged by information or indictment. During this time the defendant must be arraigned, discovery must be conducted (the process whereby the defendant, through his or her attorney examines evidence and witnesses the State will present at trial), pretrial motions must be heard, plea negotiations will be held, and a trial or plea and sentencing will take place. However, the defendant can waive speedy trial if he or she needs more time to prepare the case. Therefore, some cases may take more than 180 days to resolve.

According to the Constitution, victims also have a right to a speedy trial, but only to the extent that this right does not interfere with the constitutional rights of the accused. A time period for the victims right to a speedy trial has not been defined by the law. [Emphasis added by highlighting in blue and red.]
http://myfloridalegal.com/pages.nsf/Main/e99f7f48df3b5d7485256cca0052aa0f



Speedy trial for KC was 180 days from her original arrest on the economic crimes. For the victims, the right to a speedy trial cannot trump a defendant's right to effective assistance of counsel, a 6th Amendment right to counsel. There is no "bright line" of 180 days to measure a victim's right to a speedy trial.

 

[Themis]

The last time this was discussed in court, the judge ruled in baez's favor due to reason, "It would be more advantageous for the taxpayer to due this AFTER her murder trial". I was steamed.

This would be a very short trial, if held.

Well, what was the Judge thinking? :waitasec:
If KC was convicted at the murder trial and sentenced to a very very long term of years, life sentence with possibility of parole, life without possibility of parole (LWOP) or a death sentence, then that sentence would so eclipse a shorter sentence for a misdemeanor offense (maximum 1 year sentence) that it wouldn't be worth trying the economic charges! So, the Judge was thinking the misdemeanors would never be tried at all; thus saving the taxpayers the cost of the prosecution and LE effort, as well as court time and costs, by not trying the misdemeanor charges at all. Of course, Judge Strickland didn't have the advantage of knowing then, what the Websleuthers know, of how important those economic charges are to telling the whole story and even lending themselves to proving the homicide charges. We understand why the prosecutor charged them. The Judge doesn't -- yet.

 

[Themis]

The American National Center for State Courts reports that The Conference of State Court Administrators and the Conference of Chief Justices recommend that state superior courts should dispose of all felony (jury) trials within 180 days of arrest or filing.

The American Bar Association recommends time limits of 90% of cases within 120 days of arrest, 98% within 180 days and 100% in 12 months.

 

[jcamille]

I would think this trial would go pretty fast. QUOTE]

I think her defense will be yes - she took the money....because AH GAVE it to her. I think she will say that AH had agreed to PAY her for "house sitting and running errands" for her while she was out of the country. I think she will further explain that AH forgot to leave her the money before she left for Puerto Rico and told KC to go ahead and just write herself a check (or checks) as it turned out while she was gone. I also think KC will try to say that the money from AH was going to be the first month's rent or it was for a deposit on an apt. for them to move in together. KC is a spin master - she will have a good story, no doubt. After all, she has had a YEAR to perfect her story.

 

[Themis]

I expect she will have another year, at least, to continue perfecting her story.

There are more delays in cases when the forensics and use of experts are more complicated. In general, trials are longer than they were 20 or 30 years ago. It follows logically that the more complicated the evidence and trial, the longer the pre-trial delays. Using experts for everything, tests and retesting has become the legal standard that lawyers must meet to avoid malpractice claims.

KC just got a new lead counsel. That indicates trial is at the very least a year off from now.

We need some good, current criminal justice or trial statistics. Does anybody have any good ones with links? Do we need a new thread on statistics and trial delays?

 

[Searchfortruth]

I think her defense will be yes - she took the money....because AH GAVE it to her. I think she will say that AH had agreed to PAY her for "house sitting and running errands" for her while she was out of the country. I think she will further explain that AH forgot to leave her the money before she left for Puerto Rico and told KC to go ahead and just write herself a check (or checks) as it turned out while she was gone. I also think KC will try to say that the money from AH was going to be the first month's rent or it was for a deposit on an apt. for them to move in together. KC is a spin master - she will have a good story, no doubt. After all, she has had a YEAR to perfect her story.

Playing devils advocate here. If this is the defense Ms. Casey plans on using... I would say... when a "friend" gives you money they usually give it to you in cash or write the check themselves, rarely do they say, oh just write the check yourself and sign my name while your at it... oh, and go ahead and take out all I have left in my account.

But, you may be right, this sounds like one of the only defenses available considering they have her on video cashing the check and shopping with the money from said check. It's not a question of DID she do it, obviously she did.

 

[Themis]

:devil:The devil needs no advocates.

 

[RR0004]

Playing devils advocate here. If this is the defense Ms. Casey plans on using... I would say... when a "friend" gives you money they usually give it to you in cash or write the check themselves, rarely do they say, oh just write the check yourself and sign my name while your at it... oh, and go ahead and take out all I have left in my account.

But, you may be right, this sounds like one of the only defenses available considering they have her on video cashing the check and shopping with the money from said check. It's not a question of DID she do it, obviously she did.

But, let's not forget...she tried to pay HER very phone bill with that last check...which if I'm not mistaken never cleared 'cause there were insufficient funds.I don't think Amy ever intended on paying Casey's bills. I pray she doesn't use such flimsy excuses.