ZFG Civil Case: Casey's Deposition #2

[strawberry]

@MattMorganESQ
Matt Morgan
Just finished drafting our renewed motion to compel #CaseyAnthony 's testimony.

 

[strawberry]

@adamlongo
Adam Longo
Attorneys for Zenaida Gonzalez file paperwork demanding #caseyanthony turn over "all audio recordings" as mentioned in her video diary.

 

[Nixie]

@adamlongo
Adam Longo
Attorneys for Zenaida Gonzalez file paperwork demanding #caseyanthony turn over "all audio recordings" as mentioned in her video diary.

Why would they be able to get the audio recordings.....I am not saying they shouldn't but I don't understand why they would be able to get them or why they want them.

 

[Aedrys]

Why would they be able to get the audio recordings.....I am not saying they shouldn't but I don't understand why they would be able to get them or why they want them.

Well, not long after the trial was the Casey's infamous deposition. Maybe they're hoping she said something incriminating in one of those audio recordings about their client or the case. I wouldn't be surprised if she spent at least one of those audio recordings (probably done for her fans) venting about Zenaida's case against her.

I don't know if they will able to get them. That's a question for lawyer thread.

 

[Intermezzo]

Well, not long after the trial was the Casey's infamous deposition. Maybe they're hoping she said something incriminating in one of those audio recordings about their client or the case. I wouldn't be surprised if she spent at least one of those audio recordings (probably done for her fans) venting about Zenaida's case against her.

I don't know if they will able to get them. That's a question for lawyer thread.

I speculate her lawyers will say those audio recordings were done for therapy and use HIPPA laws to block them OR that they can not be released due to the Appeal case

 

[Aedrys]

I speculate her lawyers will say those audio recordings were done for therapy and use HIPPA laws to block them OR that they can not be released due to the Appeal case

I wonder if they can use her probation checkins where she checks off that she's not in therapy as proof against HIPPAA being applicable here? I think it's more likely that her defense will use the appeal again.

 

[2goldfish]

I have to applaud morgan for the bulldog he is but I dont believe he'll get them, even if she said ok and turned two over, what if there's sixty? he cant know the truth. she'd "lose" the comp before she'd fork them over anyways.


also...well, he could be wrong for even trying, I shudder to think someone demanding my personal recordings just because I said I'd made some...grant you my kids are living and I dont make "tedious" recordings anyways, and there's no line of people waiting to sue me but I cant see how he could guess they're worth something for his client by just OCA saying she'd made some.

 

[KarmaGet'em]

Motion to Compel filed:
http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=1450829

OTHER EVENTS AND HEARINGS
01/10/2012 Motion to Compel
(renewed) answers to deposition questions
01/09/2012 Request to Produce
Request to Produce

 

[KarmaGet'em]

In the news....

http://www.clickorlando.com/news/Zenaida-Gonzalez-s-attorneys-file-motion-to-force-Casey-Anthony-to-talk/-/1637132/7683914/-/wsau5ez/-/

Zenaida Gonzalez's attorneys file motion to force Casey Anthony to talk
Attorneys: Casey's video diaries prove she isn't hiding anymore

Lawyers representing Zenaida Gonzalez filed a renewed motion on Tuesday that would force Casey Anthony to give another deposition.

Gonzalez is suing Anthony for defamation, claiming her life was ruined after Anthony linked her to Caylee Anthony's disappearance. Gonzalez’s attorneys said Anthony is talking publically through her recently released video diaries and she should now have to talk under oath.

"Our focus is not on who released the video. Our focus is on the video has been released and therefore she's waived her Fifth Amendment privilege she's been claiming throughout the process with Zenaida," said Gonzalez’s attorney Matt Morgan.

 

[strawberry]

I am hoping that when they have the hearing for these, Morgan plays the videos for the judge and the judge asks her attorney how exactly they got out and why she was making them if she was in fear for her life. A girl can dream.

 

[LambChop]

I wonder if they can use her probation checkins where she checks off that she's not in therapy as proof against HIPPAA being applicable here? I think it's more likely that her defense will use the appeal again.

I think she would have to prove she was under the care of a doctor and that doctor asked her to make the tapes. KC is not qualified to decide what is medical records and what is not. A doctor would have to have evaluated the videos and written a report on them for them to be included in medical records, I think. It's medical records that are covered by HIPPA, not the recordings themselves unless the doctor claims they were done for medical reasons only. But if she sent them to anyone.....all bets are off. jmo

 

[bayouland]

I think she would have to prove she was under the care of a doctor and that doctor asked her to make the tapes. KC is not qualified to decide what is medical records and what is not. A doctor would have to have evaluated the videos and written a report on them for them to be included in medical records, I think. It's medical records that are covered by HIPPA, not the recordings themselves unless the doctor claims they were done for medical reasons only. But if she sent them to anyone.....all bets are off. jmo

That's a great point!!

COURT: Who is your Dr., Ms. Anthony?

FCA: I plead the fifth....

What a hoot!!

 

[logicalgirl]

That's a great point!!

COURT: Who is your Dr., Ms. Anthony?

FCA: I plead the fifth....

What a hoot!!

I'm hoping by the time this hearing rolls around - we will know for sure that these were produced for pay-per-view. That would just about do it for the judge you'd think....

 

[Aedrys]

In the news....

http://www.clickorlando.com/news/Zenaida-Gonzalez-s-attorneys-file-motion-to-force-Casey-Anthony-to-talk/-/1637132/7683914/-/wsau5ez/-/

Zenaida Gonzalez's attorneys file motion to force Casey Anthony to talk
Attorneys: Casey's video diaries prove she isn't hiding anymore

He makes a good point, and this might be a question for the attorney thread, but if you're claiming the 5th, then go out and make videos and recordings, does that nullify the 5th? I would think you can't have it both ways (as Casey and her DT constantly seem to want it). I mean, Terri Horman has been silent for a long time and uses the 5th as her shield. I've never seen personal videos of her pop up anywhere since she's been claiming the 5th. I think she knows she has to remain quiet, right? I am really interested about this...

 

[bayouland]

He makes a good point, and this might be a question for the attorney thread, but if you're claiming the 5th, then go out and make videos and recordings, does that nullify the 5th? I would think you can't have it both ways (as Casey and her DT constantly seem to want it). I mean, Terri Horman has been silent for a long time and uses the 5th as her shield. I've never seen personal videos of her pop up anywhere since she's been claiming the 5th. I think she knows she has to remain quiet, right? I am really interested about this...

I agree it is a good question for attorney's but I don't understand how this in anyway can make FCA compelled to testify against herself. Maybe I am missing something.

I can see how they might use this to get the previous deposition out in the open but that's about it.

ETA: Now that I think about it, that could be what they are after. Always ask for more than you expect to get.......????

 

[Spice]

I don't believe that-that would nullify the fifth, she may have to appear but I think she can always plead the fifth if she chooses to do so.

It's a constitutionally protected right. She can never be forced to testify against herself.

The amendment is there to protect us from the government abusing its power over us in a legal proceeding. ( I know I know)

I love the Constitution and The Bill of Rights but it is times like this that I wish it did not apply to everybody....(ie, her) lol!

It infuriates me that she has that right, but she does.


Although, I am not a lawyer so I could totally be wrong.

 

[BigFatMommyDog]

...smacks a bit to me of "testifying" without "testifying" a la the end around with the Psych evals that was quashed by the D Team - how that plays in a civil matter is beyond my reckoning. But hey - ya never know..

 

[Spice]

I just had a thought: Maybe The Fifth does not apply the same way in a Civil case as it does in a criminal case? This could be why Zaneida's lawyers may be able to force her to talk. Its just not the same situation or set of rules.

Remember Oj's civil trial? It was a totally different ball game from his criminal trial. He had to take the stand and talk for days.

 

[bayouland]

I just had a thought: Maybe The Fifth does not apply the same way in a Civil case as it does in a criminal case? This could be why Zaneida's lawyers may be able to force her to talk. Its just not the same situation or set of rules.

Remember Oj's civil trial? It was a totally different ball game from his criminal trial. He had to take the stand and talk for days.

Good point. I hope so!

 

[Deleted member 39678]

I just had a thought: Maybe The Fifth does not apply the same way in a Civil case as it does in a criminal case? This could be why Zaneida's lawyers may be able to force her to talk. Its just not the same situation or set of rules.

Remember Oj's civil trial? It was a totally different ball game from his criminal trial. He had to take the stand and talk for days.

OJ was a little bit different in the fact that he wasn't found guilty of anything, so he had no appeals pending . Because of double jeopardy, he couldn't use the 5th because he couldn't be prosecuted again for the same crimes.