State Motion to recover Investigative Costs

[logicalgirl]

I woke up this morning with your post zinging thru my brain. No, I woke up LATE this morning with your post zinging thru my brain, wrastling with the covers to find my phone to see the time and quickly despite darkness and no coffee did the math to find that if Logical had to get up at six, that was eight my time and

OH MY GOD I AM MISSING IT.....

Jumped outta bed, scared the dog (who just missed being stepped on) clicked the computer on my way the coffee pot, grabbed a cup, flew back to office, signed in here and...

it's Wednesday.

I was very confused as to why "no one" was here.

But that's okay. I can still do time zone math in my head without coffee, and it means I have another day off...

gonna take some time and re read some of the docs pertaining to the reimbursement today.

LOL - you just made me laugh so hard because except for getting to the computer and finding no peeps watching a trial - you described my life to a "T" during Jury Selection and the Trial - except for the OMG! OMG! anic: I know my peeps have been there for an hour and I have to get on to the site and the live feed - OMG! crash, etc.,

Too funny - I'll join you tomorrow! PS - the 8:30/5:30AM starts were even worse.

 

[mimmy03]

I'd like to preface by saying I truly dislike FCA and think she should have been found guilty and sentenced to life in prison. I think she should pay for the costs of investigating/searching for Caylee up until her body was found. But I don't think she should pay for the prosecution to try it's case. I'm pretty sure they still would have tried her for murder even if she had come 'clean' and admitted Caylee accidentally drowned.

 

[logicalgirl]

...LDB will have witnesses:

http://myclerk.myorangeclerk.com/default.aspx

..kc docket:

08/25/2011Hearing (9:00 AM) (Judicial Officer Perry, Belvin, JR) Costs of Prosecution/Investigation

08/24/2011Supplemental State Witness List

08/12/2011Supplemental State Witness List

His Honour Judge Perry!!! :loveyou: :loveyou: :loveyou:

 

[logicalgirl]

FCA doesn't have to be there does she?

No, I think "the boys" said she wasn't going to be.

 

[deanna82437]

Does anyone have a link/or clue where it might be covered online? I watched the case on TV so have no idea about online coverage. Thanks!

 

[BigFatMommyDog]

I'd like to preface by saying I truly dislike FCA and think she should have been found guilty and sentenced to life in prison. I think she should pay for the costs of investigating/searching for Caylee up until her body was found. But I don't think she should pay for the prosecution to try it's case. I'm pretty sure they still would have tried her for murder even if she had come 'clean' and admitted Caylee accidentally drowned.

I'm a bit torn myself. I think some responsibility for the investigative costs are appropriate - i.e., her continuing lies resulted in all kinds of manpower/hours/resources spent in trying to find a kidnapped child, and then were spent investigating the "ok she wasn't kidnapped, what the heck happened..." I do not think that she & the DT for that matter are nearly as responsible for the SAs' office costs, though some to be sure, as the SAs had some latitude in the decision making process about how to charge and what avenues to pursue in prosecution.

Edited to add: oh yeah, and she was found guilty of lying to the cops - funny how that works. Think that might help in getting remuneration? I do ;-)

(ducks)

 

[logicalgirl]

Does anyone have a link/or clue where it might be covered online? I watched the case on TV so have no idea about online coverage. Thanks!

If it is Bob Kealing from Wesh who is tweeting, that means it will be on Wesh. Usually we have a hearing thread - with live links in it - just plan on getting to the thread a few minutes before the hearing start and chances are you will find a link there for you.

Or alternately, sign into wesh.com and you will probably find a live link provided for you.

 

[logicalgirl]

I'm a bit torn myself. I think some responsibility for the investigative costs are appropriate - i.e., her continuing lies resulted in all kinds of manpower/hours/resources spent in trying to find a kidnapped child, and then were spent investigating the "ok she wasn't kidnapped, what the heck happened..." I do not think that she & the DT for that matter are nearly as responsible for the SAs' office costs, though some to be sure, as the SAs had some latitude in the decision making process about how to charge and what avenues to pursue in prosecution.

Edited to add: oh yeah, and she was found guilty of lying to the cops - funny how that works. Think that might help in getting remuneration? I do ;-)

(ducks)

I agree with you - but I didn't think these investigative costs for the State and the rest of them include the cost of trying her or their investigation beyond the time little Caylee's body was found, are they? But I definitely think she should pay costs up to Caylee being found. What a waste of time, money and manpower on Florida's already stretched budgets.

I will have to go back and check the documents, but I don't think it is. I thought the State and OCSD and the LE were very careful to cut the charges off at that December date - but that is when the majority of the charges for the investigation were incurred anyway.

 

[lauriej]

I agree with you - but I didn't think these investigative costs for the State and the rest of them include the cost of trying her or their investigation beyond the time little Caylee's body was found, are they? But I definitely think she should pay costs up to Caylee being found. What a waste of time, money and manpower on Florida's already stretched budgets.

I will have to go back and check the documents, but I don't think it is. I thought the State and OCSD and the LE were very careful to cut the charges off at that December date - but that is when the majority of the charges for the investigation were incurred anyway.

..yep, the state can only go for costs over and above what any defendant in florida pays when convicted of a crime.

http://www.ninthcircuit.org/news/High-Profile-Cases/Anthony/Downloads/MST13B6.pdf
---LDB Motion for special costs---

"Florida Statute 938.27(1) provides that in ALL criminal cases the cost of prosecution, including investigative costs by law enforcement agencies, shall be included and entered in the judgement.

A mandatory minimum is set at $100 per felony and $50 per misdemeanour....the Statute also states that the Court may set a higher amount upon a showing of sufficient proof of higher costs incurred. FS 938.27(7) 938.27(8).

OCSO and the MBI Task Force incurred in this matter special costs of investigation expenses, above the minimum, for which proof is available, and specifically requests reimbursement for appropriate costs.

Wherefore the State of Florida respectfully requests this Honorable Court issue a Final Judgement that orders the defendant,Casey Anthony,to reimburse OCSO and the MBI Task Force for the special costs of investigation. ( underline--LDB's).



..in kc's case, convicted of liarX4, LDB is going for costs only from july 15-december 11,2008-----when the (lied about) "missing" child was found.

 

[lauriej]

...i sure hope diana tennis is right !!!

http://www.myfoxorlando.com/dpp/news/anthony_case/072911-casey-anthony-case-costs
--snipped---

Criminal defense attorney and FOX 35 legal analyst Diana Tennis thinks the judge will hold Casey Anthony accountable. “I think he's going to be pretty strict on the defense. I think he really wants to the extent that he can whatever money she makes from this fiasco, I think he's gong to want coming back to orange county b/c we spent a lot of money on this case.”

Tennis believes at the hearing on the costs August 25th that Judge Perry will likely ask what money Casey will have coming in from a book deal, selling an exclusive interview, photos or movie rights and if she's got the big money deals we've been hearing about Tennis says Judge Perry will likely make Casey pay up immediately.

 

[Camille]

I'd like to preface by saying I truly dislike FCA and think she should have been found guilty and sentenced to life in prison. I think she should pay for the costs of investigating/searching for Caylee up until her body was found. But I don't think she should pay for the prosecution to try it's case. I'm pretty sure they still would have tried her for murder even if she had come 'clean' and admitted Caylee accidentally drowned.

Not if she had called 911 when they "found her in the pool". There would have been no investigation and no prosecution.

 

[deanna82437]

JimLichtenstein Jim Lichtenstein
There's a chance the #caseyanthony hearing on PD/Prosecution costs 2moro may fizzle. A pending appeal on the fibbing charges could delay it.
29 minutes ago Favorite Retweet Reply

 

[logicalgirl]

JimLichtenstein Jim Lichtenstein
There's a chance the #caseyanthony hearing on PD/Prosecution costs 2moro may fizzle. A pending appeal on the fibbing charges could delay it.
29 minutes ago Favorite Retweet Reply

Fibbing? Jim L is trying to be cute? Geez....:banghead:

On what possible grounds could she appeal? Those were the most self evident of her crimes...does the Baez/Mason law firms have nothing better to fill their time with? Hope this goes to the same appeals court in Daytona...

How fast can they get an appeal in the door?

 

[Eukabanka]

@bobkealing
bob kealing
Two lead detectives in #CaseyAnthony investigation Allen and Melich today added to witness list for $$ hearing. just continued to 9-2.

 

[deanna82437]

JimLichtenstein Jim Lichtenstein
F to the Y, I... Tomorrow's #caseyanthony court on $$ has been rescheduled till September 2nd. It's tough being right all the time.
4 minutes ago Favorite Retweet Reply

 

[BigFatMommyDog]

Fibbing? Jim L is trying to be cute? Geez....:banghead:

On what possible grounds could she appeal? Those were the most self evident of her crimes...does the Baez/Mason law firms have nothing better to fill their time with? Hope this goes to the same appeals court in Daytona...

How fast can they get an appeal in the door?

it was filed a while back

http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2011&p_casenumber=2357&psCourt=5&psSearchType=

see if that works - else here's the appellate courts search pg.

http://199.242.69.70/pls/ds/ds_docket_search

 

[Aedrys]

Yuri's going to be there!!!! WOOT!!! That makes me sooooooo happy!!! But oh dangit, apparently not until September 2nd. Well boo on that!

 

[lauriej]

Fibbing? Jim L is trying to be cute? Geez....:banghead:

On what possible grounds could she appeal? Those were the most self evident of her crimes...does the Baez/Mason law firms have nothing better to fill their time with? Hope this goes to the same appeals court in Daytona...

How fast can they get an appeal in the door?

..their appeal on the lying conviction was basically not that they are denying that she lied------they say it was ONE continous lie----judgeP disagreed and said it's 4 seperate lies, and so she was convicted of liarX4.


..hey---the 'bright side' for those us in the west 'logicalgirl'--we get that extra hour now that the new hearing date ---is set for 10 a.m. EST...

 

[Eukabanka]

Yuri's going to be there!!!! WOOT!!! That makes me sooooooo happy!!! But oh dangit, apparently not until September 2nd. Well boo on that!

That was my exact thought when I read that tweet. So happy!

 

[logicalgirl]

it was filed a while back

http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2011&p_casenumber=2357&psCourt=5&psSearchType=

see if that works - else here's the appellate courts search pg.

http://199.242.69.70/pls/ds/ds_docket_search

Thanks so much - I didn't realize it hadn't been addressed yet. Do we have any idea when the appellate courts will have a look at it and send it zinging back with a big :denied: on it?

HHJP gave a pretty extensive answer as to why he found these were four separate charges and sentences. Why do the DT even bother to argue it? :banghead: