"Second Motion To Preclude Death Procedures for Impermissable Prosecutorial Motives"

[heatherhope]

Good Lord... :banghead: Ola Jose! it was 2008, 2008!!!
They state the DP was removed on December 5, 2009, then Caylee's remains were found on December 11 2009 and then the DP Re-instated April 13, 2009.

I've never seen no one proof read, especially like this! You would think Baez had learned his lesson the last 20 times, these are students, items need to proof read!

 

[elementary]

I just downloaded the motion. It is addressed to Judge Strickland. And though not signed, it is dated for April 2010. Weird. Why would this offered to the media when the defence was trying to get JS recused?

 

[LambChop]

I just downloaded the motion. It is addressed to Judge Strickland. And though not signed, it is dated for April 2010. Weird. Why would this offered to the media when the defence was trying to get JS recused?

AL signed the first motion. My guess is her students wrote them up for her. We should give her an F-. JMO

Could it be the media representative released it to the Stations but forgot to fax JB a copy to file? That would be funny.

 

[strawberry]

Good Lord... :banghead: Ola Jose! it was 2008, 2008!!!
They state the DP was removed on December 5, 2009, then Caylee's remains were found on December 11 2009 and then the DP Re-instated April 13, 2009.

Poor poor Caylee. First they can't "remember" when they last saw her, then they can't remember when the found her. Tossed aside like trash.:furious:

 

[Horace Finklestein]

How do these people sleep at night, seriously?? As much flack as they've gotten over the god-awful 'quality' of their motions (even kathi belich asked Lyon if her students were writing them, which she was obviously covering up), they're still getting major dates wrong. You'd think it would be in their best interest to show some respect for the victim in this case?

 

[Truthwillsetufree]

"Therefore it is clear, that the prosecution decided to seek the death penalty in order to financially break the defense and deprive Miss Anthony of her counsel of choice."

also pg 7

It isn't clear to me at ALL "boys". It is in fact NOT clear that such was the case. We have a poster HERE, and attorney, who has stated HERE in one his posts that a death penalty case COULD be defended for the amount that Miss Anthony secured in her dirty little deal with ABC...so there is an opposing opinion out there, likely MANY!

And it is all a moot point anyway, because the defendant is NOW indigant, and CANNOT afford counsel of choice, and DOES have the option of appointed counsel available to her, just like everyone else who is indigent.

At one point didn't all her lawyers and experts state they were doing this case Pro Bono...except JB of course, or am I mistaken?

 

[Bittiness39]

The defense ran out of money...because the state forced them to by filing the death penalty against KC? LOL.

 

[strawberry]

Good Lord... :banghead: Ola Jose! it was 2008, 2008!!!
They state the DP was removed on December 5, 2009, then Caylee's remains were found on December 11 2009 and then the DP Re-instated April 13, 2009.

They must have a Delorean Time Machine!

 

[chesterp]

And there is absolutely no reason to remove the DP at this point. The body has been recovered, they know who the killer is, even if Casey were to confess at this point (which she never will), there is nothing to gain by removing the DP. There is no bargaining chip! There will be NO plea deal,:banghead: it's a moot point people!

Wasn't it September 08 the SA said they would not go after the DP if she would have pleaded guilty...wasn't it a lesser charge....and JB did not even respond. I remember reading the fax...this was before the body was found. Heck by the time this trial is over she could have been out time served.

 

[LambChop]

How do these people sleep at night, seriously?? As much flack as they've gotten over the god-awful 'quality' of their motions (even kathi belich asked Lyon if her students were writing them, which she was obviously covering up), they're still getting major dates wrong. You'd think it would be in their best interest to show some respect for the victim in this case?

The worst part of this is these students are going to be practicing law soon......

 

[CarolinaMoon]

I'm wondering if they will actually file these motions today. Obviously, there are some changes that need to be made. After all, MD had his interview w/13 on Friday, the motion to get rid of Strickland was filed at the end of the day Friday.

Judge Strickland recused himself early Monday morning, without waiting for the corrected version to be filed (looks like he spent the weekend putting his masterful document together). Voila! VERY late Monday, channel 13 has these motions up on their site!

I think those motions were "leaked" a little too soon. Either that, or the defense never expected Strickland to recuse himself?

I actually lost sleep over this last night! I have the pieces, just don't quite know how they fit. I'm sure someone here can help me out... :waitasec: :banghead: :waitasec:

 

[magic-cat]

It makes NO sense why they have not been filed...unless you are right, and they did NOT expect the judge to recuse himself. They may have had it planned to file these if he did NOT and now he did? They are left holding the bag. But I don't think so. They have a REASON every time they do something that confuses us all. I am thinking that supplemental discovery that has been released may have thrown a monkey wrench in their plans and now they are attemtping to put together Plan B...I mean, Plan R, because they are WAY beyond Plan B... lol

 

[LiveLaughLuv]

How many times can the defense file the same motion? Incorrect dates and all???

When the state said they weren't going after a DP conviction they didn't have Caylee's remains. The way in which this child was found, duct tape over her airways, triple bagged thrown into a watery grave, gave the State the ammunition they needed for this horrendous homicide. The depravity in those actions alone, beg for a DP charge. Even as COD was deemed a homicide by undetermined means, those jurors can see or come to a conclusion, if this baby didn't die from drugs, it most certainly could have been suffocation. Too much circumstantial evidence in it's totality points all to the one who sits accused. You cannot take just one piece of evidence. Each supports the other in how Caylee came to her demise. I also don't see how a juror can get past that 30 days of not alerting authorities and when they do alert authorities, it's not Caylee's mother who does so. Grandmother calls and when dispatcher asks to speak to Inmate Anthony, she in turn states, why do they want to talk to me! Absurd!

Baez/Lyons/Cheney can spin it all they like, the evidence speaks for itself. I understand their job is to see that Inmate Anthony is not sentenced to death for her crime, so why don't they take the high road, explain to Inmate Anthony, hey, this isn't looking good. I don't think we CAN get you exonerated so you should think about pleading guilty. At least you'll get to stay alive as you do LWOP!

Does it matter that Inmate Anthony has no money for a DP defense because she didn't have money before??? Baez sold a library of videos on her behalf, used the money and is now deemed indigent. So she is right where she began, penniless and still has a huge defense team all who are doing this pro bono, with the exception of Baez. He's never stated his services are pro bono so his well is now dry, which is why he's whining...he can't get paid! Not even for travel expenses...ah, the karma (irony) in that. Whatever he earned will have to be used to defend Inmate Anthony! Poetic justice???

Defense attornies, IMO are the bottom of the barrel. Doesn't matter if their client is guilty as heck, it's all about "winning" a case, not about justice for the victim. Seems to me, they all have forgotten about Caylee and that in itself shows the disrespect towards a victim. Their SODDI theory will fall flat as well, IMO...they don't have a true defense as long as Inmate Anthony takes the same position, she didn't do it. So much points to her and it will be a difficult task to remove any doubts, the most incriminating to me, is that crucial 31 days...

After reading this motion, I see mistakes and I'm hoping this new judge in town will give Baez/Cheney/Lyons a tongue lashing and have them walking out of that courtroom with their tales between their legs..I can't wait to see this in action. I do hope a hearing is put on the calender soon, I want to see this new judge take the position of manning the helm. It's his courtroom and no room for the antics they pulled as they did with His Honorable Judge Stan Strickland. JMHO

Justice for Caylee

 

[Aedrys]

Thanks for pointing that out...LamChop

Okay then...YO Andrea, what's the deal with the mistakes? Maybe you should take the file, a fine glass of wine and RE-READ.
Just Sayin' :blushing:

I think that's her problem. I think this case has turned her into a wino, and she's drinking way too much while these motions are written, thus the continued mistakes because she's too drunk to care how they look. Or her students are the drinkers, who knows.

I mean geez, when my students mess up, I take points off of their grades more and more each time. Shouldn't these students be failing at this point if they're still writing these motions incorrectly? Talk about making DePaul look bad. I'm surprised the administration hasn't asked Andrea to get off this case...

 

[faefrost]

It makes NO sense why they have not been filed...unless you are right, and they did NOT expect the judge to recuse himself. They may have had it planned to file these if he did NOT and now he did? They are left holding the bag. But I don't think so. They have a REASON every time they do something that confuses us all. I am thinking that supplemental discovery that has been released may have thrown a monkey wrench in their plans and now they are attemtping to put together Plan B...I mean, Plan R, because they are WAY beyond Plan B... lol

am I missing something here? weren't these motions already pretty much heard and dismissed by JS? So the only way they would ever crop up again is if JS did in fact recuse himself? Or are these some seperate yet similar motions that have not actually been heard before? and if so what is the limit on how similar they can get?

 

[okiedokietoo]

cfnews13 still has these posted on their website. They posted them as filed motions. What kind of conversation is going on behind doors in reference to that?

 

[Intermezzo]

AL signed the first motion. My guess is her students wrote them up for her. We should give her an F-. JMO

Could it be the media representative released it to the Stations but forgot to fax JB a copy to file? That would be funny.

BBM
Yes, I agree with you, we should give her an F- :tsktsk: TSK TSK Professor.

 

[logicalgirl]

Just watching what is not happening with the defense not making a move to actually file these motions we are discussing.

I'm beginning to believe Baez et al were not expecting JS to recuse.

This is starting to feel like a bully tactic - kind of a "see how we can make your life miserable if you don't start giving us some slack' kind of a move.

Because when Baez says no comment - I roughly translate that to mean, "WTF happened just then" and "ackkk, what are we going to do now?"

 

[Intermezzo]

Wasn't it September 08 the SA said they would not go after the DP if she would have pleaded guilty...wasn't it a lesser charge....and JB did not even respond. I remember reading the fax...this was before the body was found. Heck by the time this trial is over she could have been out time served.

Since Casey was Indicted for Murder in October 2008 the State has not offered a Plea bargain

Yet, There was a plea bargain offered early on (August/Sept 08) but this was before the Grand Jury Indictment for Murder.

I believe what you read was probably the email exchange between Jose and Linda DB..It's in the docs somewhere...

I think I remember that correctly...it's been sooo long.:blushing:

 

[Novice Seeker]

KC had over $300,000.00 ALL TOLD in funds.
$200,000.00 ABC
$ 70,000.00 Andrea Lyons raised
$ 70,000.00 Todd Macusalo? Can never spell it DONATED
$ 5,000.00 Unknown Donor

She knew she was charged with murder since October 14, 2008.
She KNEW she needed those funds to FUND her defense.

Instead, SHE chose to ALLOW her "boys" free reign over her funds and now it is ALL gone and NONE of the work has been done. That was her choice. She had the right to demand an accounting of what was happening with HER money, did she not? She appears to never have done this. NOW she is once again the same indigent, penniless common thief that she was when she started out. She has no right to choose ANYTHING at this point. She has been declared indigent by the court and the STATE is paying her costs. To me, end of story, Motion Denied...or it should be.

(Bold by me)

Shouldn't this donated money Todd provided be questionable? He is in trouble with the California State Bar b/c of umm, poor record keeping of money?

Novice Seeker