ZFG Civil Case: Casey's Deposition #2

[Murphismo]

So they're waiting to file the appeal until after the depo? It it possible that the judge won't allow for that type of scheming?

I wouldn't rule anything out, but see my note above regarding the grounds for appeal...

 

[RR0004]

Yes, two different outfits.

So for all we know...Dr. Phil asked the questions one day...the As didn't want to answer...so they re-taped.

 

[cyberborg]

So they're waiting to file the appeal until after the depo? It it possible that the judge won't allow for that type of scheming?

Poker anyone?

The stakes are raising on their side but JB does NOT want to reveal his hand, i.e., grounds for appeal since it can/will impact the Depo.

The Judge focused on some distractions rather than calling their hand and doing this right, by the book, one time.

Now the Depo ends up back at the Judge's desk to arbritrate the 5th with no grounds for appeal ... ?

Use the system to frustrate the lawsuit and hope you wear them out and they go away? Siege mentality?

 

[lauriej]

I have not read that deposition.

Was she protecting herself or protecting Casey is what I'd want to know.

You cannot use the 5th amendment to avoid incriminating somebody else.

It doesn't work that way.

:wolf:
opinion:seeya:

..to get the FULL effect, you really have to SEE her civil depo, that she actually recorded by the way..set up her own tripod and camera before it began...

..the questions she refused to answer were "did kc have your permission to use your credit cards? and then did kc have permission to use your bank account? "

..after wanting to take the 5th, and then saying she'd take her chances with the judge re: contempt--- she conferred with her attorney conway--and decided to go ahead and answer..

..civil depo..

Q Okay. Tell me the answer. Did she have your
permission or not?​

A No.​

Q Was that a point of conflict between the two
of you?​

A No.
Q So did she, you and her have a conversation,
and everything was fine about her taking money --​

A Yes.​

Q -- from your account?
A Yes.​

Q She had taken money from your account,
though, right?
A Yes.​

Q How much was it?
A I don't know the exact amount.​

Q Was it more than 200?​

A Somewhere around there, two, 300.

( cindy is 'slightly off' on the amount there---as we later saw------it was in the thousand$$$$$$.)

http://www.thehinkymeter.com/Library/CMA/depos/cindyanthonycivildepo040909.pdf
---cindy---civil depo---04/09/09

 

[cyberborg]

So for all we know...Dr. Phil asked the questions one day...the As didn't want to answer...so they re-taped.

... or they split it into two sessions to maximize the exposure and the Dr Phil confrontation is bait for the second day, where the A's still stick to their 'story' ... we think FCA knows and was somehow involved but there was someone else who did it. She is NG.

 

[MiraclesHappen]

So they're waiting to file the appeal until after the depo? It it possible that the judge won't allow for that type of scheming?

They filed the notice of appeal....we're talking about the lying stuff.

The filing fee was waived. :tears: I know.....


More than one poster in this thread already did a really good job of explaining what's going on.
Short & sweet:
Lying appeal is simmering at appeal level in Daytona. Back burner.

With jurisdiction temporarily relinquished ,
Orlando Ct has blessings of 5th District Appellate Court to address the same lying cases that are simmering in Daytona.
Hence, the lying cases, up at appeal, are also boiling in Orlando....hearing on the Atty Linda Drane Burdick motion for costs,
for post conviction costs relative to the lying convictions is still scheduled
for hearing even tho' that's the appellate subject matter.

That sounds about right.
Next installment at appellate level is due in October...they are waiting for transcripts.

Sheesh. By that time we may have a decision on the amount of costs and thus, another appeal....and the beat goes on....

opinion :MH:wolf:

 

[Horace Finklestein]

You have added bold to part of my post.

Does your question refer to the words with bold added or does it ask
on what I have based my opinion......the whole thing.


:seeya::wolf:

I just didn't know why you thought RH might be wrong...and I'm not sure if I understood your post

 

[natsound]

So for all we know...Dr. Phil asked the questions one day...the As didn't want to answer...so they re-taped.

I don't know any TV interviewer who would allow their interview subjects to do that... the interview probably just spanned two days. My guess is he will explain that during the show.

 

[LambChop]

So for all we know...Dr. Phil asked the questions one day...the As didn't want to answer...so they re-taped.

Maybe Dr. Phil told the A's he would keep them there until they told the truth and it took a couple of days..... jmo

 

[allycat1208]

I have not read that deposition.

Was she protecting herself or protecting Casey is what I'd want to know.

You cannot use the 5th amendment to avoid incriminating somebody else.

It doesn't work that way.

:wolf:
opinion:seeya:

CA's testimony for the Zenaida Gonzales is on video. I don't recall if I found them to read, but I saw the videos of CA and GA. Some of it was more intriguing than the trial testimony because they were both so belligerent.

 

[natsound]

Poker anyone?

The stakes are raising on their side but JB does NOT want to reveal his hand, i.e., grounds for appeal since it can/will impact the Depo.

The Judge focused on some distractions rather than calling their hand and doing this right, by the book, one time.

Now the Depo ends up back at the Judge's desk to arbritrate the 5th with no grounds for appeal ... ?

Use the system to frustrate the lawsuit and hope you wear them out and they go away? Siege mentality?

Sickening, I tell you. ullhair:

 

[MiraclesHappen]

..to get the FULL effect, you really have to SEE her civil depo, that she actually recorded by the way..set up her own tripod and camera before it began...

..the questions she refused to answer were "did kc have your permission to use your credit cards? and then did kc have permission to use your bank account? "

..after wanting to take the 5th, and then saying she'd take her chances with the judge re: contempt--- she conferred with her attorney conway--and decided to go ahead and answer..

..civil depo..

Q Okay. Tell me the answer. Did she have your
permission or not?​

A No.​

Q Was that a point of conflict between the two
of you?​

A No.
Q So did she, you and her have a conversation,
and everything was fine about her taking money --​

A Yes.​

Q -- from your account?
A Yes.​

Q She had taken money from your account,
though, right?
A Yes.​

Q How much was it?
A I don't know the exact amount.​

Q Was it more than 200?​

A Somewhere around there, two, 300.

( cindy is 'slightly off' on the amount there---as we later saw------it was in the thousand$$$$$$.)

http://www.thehinkymeter.com/Library/CMA/depos/cindyanthonycivildepo040909.pdf
---cindy---civil depo---04/09/09

Don't make me look!!!!! :scream: ullhair:


OK so to answer the question about why she had to answer, as opposed to Casey and the 5th deal, looks like we were guessing correctly.

Cindy was trying to use the 5th to avoid incriminating Casey.

Lawyer told her to answer because there is no 5th amendment protection
coming into play. Cindy is not worried about self-incrimination, here.

aside:
OMG she brought a tripod. Was there also a costume change..just saw that about 2 outfits.

 

[Murphismo]

poker anyone?

The stakes are raising on their side but jb does not want to reveal his hand, i.e., grounds for appeal since it can/will impact the depo.

The judge focused on some distractions rather than calling their hand and doing this right, by the book, one time.

Now the depo ends up back at the judge's desk to arbritrate the 5th with no grounds for appeal ... ?

Use the system to frustrate the lawsuit and hope you wear them out and they go away? Siege mentality?

bingo!

 

[lauriej]

are you sitting down? The appeal has not been filed, only the notice of appeal. The grounds upon which the actual appeal is to be filed will determine whether or not she can use the fifth.....

..i don't see the difference between the "notice of...." and the "appeal" itself being filed..

..it has been filed, there's an ongoing docket ON it...


http://www.docstoc.com/docs/85152120/Casey-Anthony-Appeal
-----kc appeal doc.---

"The Defendant takes and enters an appeal to the District Court of Appeal Florida, 5th District, to review the Final Order of Judgement and Sentence by HHJP and all parties are called upon to take notice."

sent to:
Appeals Court 5th District

State Attorney's Office

Office of the Attorney General

 

[natsound]

..i don't see the difference between the "notice of...." and the "appeal" itself being filed..

..it has been filed, there's an ongoing docket ON it...


http://www.docstoc.com/docs/85152120/Casey-Anthony-Appeal
-----kc appeal doc.---

"The Defendant takes and enters an appeal to the District Court of Appeal Florida, 5th District, to review the Final Order of Judgement and Sentence by HHJP and all parties are called upon to take notice."

sent to:
Appeals Court 5th District

State Attorney's Office

Office of the Attorney General

That's it? No contents?

 

[natsound]

According to this article, the appeal and the notice of appeal are two separate things:

http://abclocal.go.com/kabc/story?section=news/national_world&id=8253207

 

[lauriej]

That's it? No contents?

..they were then asked by the Appeals Court, to provide them with a copy of the transcript of the sentencing hearing, rather than just the sentencing order.

..they just asked on monday for a little more time to get that to them----request was granted.

..also---------you will recall at the sentencing hearing ---PRE-sentencing, lisabethF read off a whole lot of blah di blah case law this, case law that........(finally) ending with "it's therefore our position this was ONE lie, and not 4."

..judgeP asked her a few questions....then he went on his computer (for quite a few minutes) came back, cited HIS case law this, case law that------determined it WAS 4 seperate lies and sentenced her to each of the 4.

..their appeal------nope, we still say it's ONE---------what do YOU say District Court of Appeal ???

 

[strawberry]

Don't they have to file the appeal within a certain time frame?

 

[cyberborg]

..they were then asked by the Appeals Court, to provide them with a copy of the transcript of the sentencing hearing, rather than just the sentencing order.

..they just asked on monday for a little more time to get that to them----request was granted.

BBM = just delay a little bit longer just in case you rule too soon = before ZFG Depo.

 

[MiraclesHappen]

I just didn't know why you thought RH might be wrong...and I'm not sure if I understood your post

I neither thought RH was wrong, nor said anything to that effect.

In fact, I was sticking up for him.

Somebody had a belief that RH maintained the 5th was deep -sixed at a deposition. Not in those words but you get the idea...

I believe it was a faulty recollection based in good faith....totally innocent & well-meaning.

But I found it hard to accept that RH said that. So, I said so. That's all.

And then I gave my own opinion.

My post is an opinion that the 5th amendment is available at a deposition.

My reasoning was that the US Constitution is not checked at the door of a room where a deposition is conducted and picked up on the way out.

The mere fact that we are dealing with a civil trial is no way negates
the Constitutional protections available via the amendments.

Say you are at a deposition.

You will not be subjected to an unreasonable or illegal search and seizure because the Constitutional Amendments protect you from that.

You also retain 5th Amendment protections......and thus you have the right against self-incrimination.

The 5th amendment won't get you out of the whole deposition though. You invoke it on a question by question basis.

opinion:wolf:
Oh God, I hope I haven't made it worse....