Dignity4Victims
"Miss Anthony and the truth are strangers" - Judge
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Dominic Casey: Motion to Strike Notice of Deposition & Motion for Protective Order#2
- Thread starter The World According
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Dignity4Victims
"Miss Anthony and the truth are strangers" - Judge
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quote snipped
Mark Nejame made it quite clear to the Anthonys and the public very early on that he would never have anything to do with helping her case directly, nor the representation of Casey. That should have been no surprise to anyone who was actually paying attention.
He didn't "quit" on anyone, he very respectfully and very formally resigned from George & Cindy because they couldn't keep their mouths shut and abide by his professional, educated guidance. A client's case is only as good as their representation, and the Anthonys blew it big time when they kept appearing before the media, both written press as well as the paid television interviews they lined up to broadcast their multitude of lies.
Instead of being grateful they had pro bono counsel, the Anthonys chose to go where the money was for their own financial gain, which was contradictory to their own benefit, as well as Casey's. Had they remained silent, they wouldn't have offered so many conflicting stories as they have, which undoubtedly will end up to be their own demise once Casey is sentenced for Caylee's murder.
Attorneys just don't come more top shelf than Mark Nejame, and he was extremely wise to pull away from George & Cindy when he did.
RainyGirl
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I would like to make one thing abundantly clear.
In my opinion, and in the opinion of some extremely well-respected and experienced attorneys I have spoken to, Mark NeJame is 100% a class act.
His reputation for honesty, integrity and a strong moral compass have firmly established him in the "outstanding lawyer" category. His advice is well worth listening to------something the Anthonys clearly chose to ignore and buck against. Mr. NeJame made the choice to drop George and Cindy as clients at a time when he could no longer stand to be party to the "Save Casey at any cost" campaign of lies and obvious cover-up. As the "Caylee is Alive!!" media blitz revved into high gear in October and November, the extremely grounded Mr. NeJame could see "the writing on the wall" from miles away. The Anthonys were going to plug their ears, noses, and eyes to any culpability on Casey's part. Too bad they couldn't cover their mouths.....what their lawyer recommended. The clips above say it all. There was evidence that poor Caylee had already passed away, and Mr. NeJame was about to throw his reputation out the window by representing the biggest "deniers" of all. It was clearly a smart decision, and no doubt difficult for him, as he really did want to protect the Anthonys.
To paraphrase what Mr. NeJame said when Caylee's remains were found----It's a very sad time and he feels horribly for George and Cindy, but he can't help but feel that the discovery of Caylee deceased was like Karma for them.
JMO.....
In my opinion, and in the opinion of some extremely well-respected and experienced attorneys I have spoken to, Mark NeJame is 100% a class act.
His reputation for honesty, integrity and a strong moral compass have firmly established him in the "outstanding lawyer" category. His advice is well worth listening to------something the Anthonys clearly chose to ignore and buck against. Mr. NeJame made the choice to drop George and Cindy as clients at a time when he could no longer stand to be party to the "Save Casey at any cost" campaign of lies and obvious cover-up. As the "Caylee is Alive!!" media blitz revved into high gear in October and November, the extremely grounded Mr. NeJame could see "the writing on the wall" from miles away. The Anthonys were going to plug their ears, noses, and eyes to any culpability on Casey's part. Too bad they couldn't cover their mouths.....what their lawyer recommended. The clips above say it all. There was evidence that poor Caylee had already passed away, and Mr. NeJame was about to throw his reputation out the window by representing the biggest "deniers" of all. It was clearly a smart decision, and no doubt difficult for him, as he really did want to protect the Anthonys.
To paraphrase what Mr. NeJame said when Caylee's remains were found----It's a very sad time and he feels horribly for George and Cindy, but he can't help but feel that the discovery of Caylee deceased was like Karma for them.
JMO.....
LambChop
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BBM: Now this statement I just don't understand. Why would TES be an adversary. All they did was to try and find Caylee's remains? If defense views TES as an adversary than clearly they are stating that they know KC is guilty of putting her child there in the first place. Do you really think that TES wants to even be involved with this trial? Defense is the one that made this possible by going after the TES records. Records of people who had nothing, nothing to do with the child's body being left down the street from her home. If this is all defense has they are in deep trouble....deep, deep trouble. jmo
RainyGirl
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bold #1: In my opinion, you're getting hung up on the fact that DC is not currently on any side's "witness list". The odds are excellent that DC has already answered questions in an investigational interview under oath for the SAO. This type of questioning is common practice when Prosecutors seek information related to an active, ongoing investigation. The key term here is "active investigation"-----hence it makes perfect sense that he is not (yet) on a witness list. The puzzle pieces are still being assembled. IMO, the SAO believed DC had information that was highly probative here, so they made sure he would appear for questioning and HHJS backed them up. The SAO know what they are doing! When a person fights a depo subpoena as HARD as DC did, then common sense tells you "THAT person has info! or THAT person is trying to avoid spilling the beans!!" Ask yourself----would someone with nothing to offer fight tooth and nail to avoid questioning???
Common sense says NO WAY. Now, will the information provided by DC be entered into evidence?? Who knows......but I'm going to venture a big, fat YES!! My best guess----DC was offered use immunity (frees him up to talktalktalktalk without personal ramification) and he wisely took it. Does it stink for the Anthonys and ICA?---->YEP. But this is how its done. Totally legal and totally commonplace.
bold #2: Please refer to my earlier post (from 1:32). I don't want to beat that poor horse again, but what MN did in leaving the Anthonys was called "maintaining integrity". He has strong morals and the Anthonys ignored his advice. He made it very clear that he was not about to join the "Casey is innocent and Caylee is alive" campaign. Smart move!!!! Maybe that's why he has the stellar reputation!! As far as your thoughts on him going to support the adversary and following the money, then pardon me but that is utter BS. MN supports Tim Miller because they are both on the side of the VICTIM----Caylee!! MN believes in protecting the good people of TES from becoming the next "Kronkified" target for the defense. Ask ANYONE who considers Tim Miller their hero for finding their lost, deceased loved one, and I think they would say "HUH??!!" to your statement above. As far as conflict of interest.....there is NONE. George and Cindy signed a release. No worries there. I truly believe MN cared for the Anthonys and wanted to help protect them from media sharks.....but what would YOU do if your clients ignored your advice and started a "Caylee is Alive" campaign in light of evidence that says the contrary???? What is a good lawyer supposed to do when his clients go swimming TOWARD those sharks and just lies and lies about the case?? Cindy would not be reigned in at all, so MN made the obvious choice, IMO.
The equation (as I see it, just my opinion) goes something like this:
The Anthonys, BC, the defense, AL's students, defense experts (if we ever see any reciprocal discovery) and their small band of ardent supporters, etc. = "The victim is Casey! Poor Casey! This must be the most widespread, multijurisdictional conspiracy ever!"
The SAO (representing State of Florida), Mark NeJame, Tim Miller, Roy Kronk, Jesse Grund, 99.98% of the people on forums, countless worldwide supporters, a handful of Anthony/Pleasea family members, and Casey's former friends who were victims of her lies (and theft--AH) = "The victim has been, always will be and will forever remain the innocent toddler CAYLEE."
JMO as always.
The World According
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I agree with all of you. If Mr. Miller gets on the stand and the state begins with the normal preliminary questions, state your name, where do you live, what do you do for a living, sweet dear Mr. Miller, his face weather beaten from all of the months on end he spends outside looking for children is going to briefly explain what Texas Equusearch is. People say one forms an impression of another within the first three to five seconds of meeting them. When I look at Mr. Miller speaking in those tapes up thread, I get a very distinct impression.
The defense can call all the Joys and Lauras they want who can be easily discredited, imo. No one they call is going to be able to negate the trust the jurors have that Mr. Miller is being honest. Out of all the people called as witnesses he will be well regarded. People do not pay for their own tickets to fly to a location, take time away from their job and family, go out in the muck and mire and search through brush and swamps for missing children, and then turn around and falsify TES documents. That defies logic to me.
What is interesting to me regarding Dominic and TES is something Brad said. Mom and Pop denied all along that they ever once looked for a dead Caylee. However, as was often the case, Brad went on TV and made a wholly contradictory claim to what his clients were professing. He told Geraldo they hired Dominic to look for Caylee, "Dead or Alive". With TES having been summoned there by mom and pop, how does one explain that Dominic was not working hand in hand with Mr. Miller? Do we know of any meetings between the pair of them?
Mr. Hoover, however discrete Mr. Hoover can be is anyone's guess, did go over to talk to TES. He gave them a tip that some neighborhood kid saw Casey or someone who looked very very much like Casey and or her car down on Suburban right around the time period the baby went missing. I will find the proof of that and post it straight away. A form of some sort was filled out at TES, iirc, the defense ( to their detriment, imo) made a big big ruckus over this that paper was not innocently mislaid, it was missing due to some nefarious reason and TES was hiding things. Does anyone remember that. Mr. Miller's interview was released a few months ago ( the one where he describes George asking Casey to put an X on the map for Mr. Miller and his team to locate Caylee in the woods), now there is a bombshell?
LE traveled to Texas to talk to Mr. Miller and there in the TES office where there is one lady who volunteers Mr. Miller and LE found (iirc) 10-12 pages of documents. Jose was crying fowl, as if this were the aha moment. That did not fly because Mark already did the correct thing which was to submit it to be recorded as supplemental discovery. Love him, he knows the rules and HE ABIDES by the rules. The defense drawing all of this attention to TES did not serve them well. What happened is Mark let the judge know that despite the judge's ruling six months prior for the defense to come inspect the TES documents, they had failed to obey the judge's very clear order. Instead, they made one appointment, canceled it, never rescheduled in SIX MONTHS.
Out of all of the misguided things, imo, the defense has done, beating up on a modern day hero , Mr. Miller will backfire on them in ways that would be tough to measure.
Someone asked do we really think a child would know better. This is one of those examples, of yes. If loads of folks show up to help with something, you can bet your life the Boyscout boys would not say..no thanks guys, we'll find our missing fellow boyscout ourselves, we are scouts afterall.
You just can't make this stuff up!
www.myfloridalegal.com
The defense can call all the Joys and Lauras they want who can be easily discredited, imo. No one they call is going to be able to negate the trust the jurors have that Mr. Miller is being honest. Out of all the people called as witnesses he will be well regarded. People do not pay for their own tickets to fly to a location, take time away from their job and family, go out in the muck and mire and search through brush and swamps for missing children, and then turn around and falsify TES documents. That defies logic to me.
What is interesting to me regarding Dominic and TES is something Brad said. Mom and Pop denied all along that they ever once looked for a dead Caylee. However, as was often the case, Brad went on TV and made a wholly contradictory claim to what his clients were professing. He told Geraldo they hired Dominic to look for Caylee, "Dead or Alive". With TES having been summoned there by mom and pop, how does one explain that Dominic was not working hand in hand with Mr. Miller? Do we know of any meetings between the pair of them?
Mr. Hoover, however discrete Mr. Hoover can be is anyone's guess, did go over to talk to TES. He gave them a tip that some neighborhood kid saw Casey or someone who looked very very much like Casey and or her car down on Suburban right around the time period the baby went missing. I will find the proof of that and post it straight away. A form of some sort was filled out at TES, iirc, the defense ( to their detriment, imo) made a big big ruckus over this that paper was not innocently mislaid, it was missing due to some nefarious reason and TES was hiding things. Does anyone remember that. Mr. Miller's interview was released a few months ago ( the one where he describes George asking Casey to put an X on the map for Mr. Miller and his team to locate Caylee in the woods), now there is a bombshell?
LE traveled to Texas to talk to Mr. Miller and there in the TES office where there is one lady who volunteers Mr. Miller and LE found (iirc) 10-12 pages of documents. Jose was crying fowl, as if this were the aha moment. That did not fly because Mark already did the correct thing which was to submit it to be recorded as supplemental discovery. Love him, he knows the rules and HE ABIDES by the rules. The defense drawing all of this attention to TES did not serve them well. What happened is Mark let the judge know that despite the judge's ruling six months prior for the defense to come inspect the TES documents, they had failed to obey the judge's very clear order. Instead, they made one appointment, canceled it, never rescheduled in SIX MONTHS.
Out of all of the misguided things, imo, the defense has done, beating up on a modern day hero , Mr. Miller will backfire on them in ways that would be tough to measure.
Someone asked do we really think a child would know better. This is one of those examples, of yes. If loads of folks show up to help with something, you can bet your life the Boyscout boys would not say..no thanks guys, we'll find our missing fellow boyscout ourselves, we are scouts afterall.
You just can't make this stuff up!
www.myfloridalegal.com
Just Jayla
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Respectfully snipped...In thinking about why DC was hesitant to coorperate, and how this lends us to believe he has some important info, let's go with bare bones here, and put aside the day at Suburban:
-DC was in the home with the Anthony's from time to time. Since we know the house of Anthony was in disorder, and several witnesses will talk about arguments and lie-birthing in the house, it can be said that DC witnessed some of their madness. Uncomfortable for him, hearsay maybe, but not something he would want to offer to talk about. For instance, if he heard CA coyly imply they should lie or stick with a previous lie, or heard LA say he was playing the cops, DC he will not want to talk about this because he is supposed to be working for them, not eavesdropping and then running to LE with it...
-DC saw that KC and/or the A's were feeling the perks of their new found fame. DC knew being at the Ritz felt morally wrong as soon as LE put it into context, he did not want to be lumped in as if he, too, was cashing in.
-DC spent time alone with CA that could be perceived, whether true OR NOT, as something scandalous.
-DC took John Morgan about as seriously as the Anthonys did-Shame on Brad and Jose, they poisoned the whole bunch with notions that this was a frivolous suit. It is not an accident that they all behaved so deplorably in those depos-Most average joes would not behave like that if they were told they were sitting for a deposition, civil or not, unless an attorney or someone with legal knowledge mis-explained the more relaxed feel of the civil system. That written, maybe DC said some things to Morgan that he did not want to put on the record with the state. Things about JH and his time in front of the Ritz with CA, for example-He lied about those things to JM. Will provide links to his lies if requested.
Like I wrote in the first paragraph above, these things are in addition to the day at Suburban-That story is a biggin. He picked up what I believe was Caylee's torn blanket with his stick. He has 'splaining to do, and went so far as to invoke 'privilege' on that topic. I dunno about lawyers and priests, but I am bound by HIPAA in part of the work I do-I never mention/invoke HIPAA privacy regulations in order to dodge someone's question-I go out of my way to give the information that I can give in the proper format and mode, and privacy kicks in when it kicks in, not a broad thing. DC had means to get around his contract with the A's and KC (maybe not JB's short lived contract) and get information to LE if he chose to do so. He was frankly more worried about his contractual integrity, maybe thoughts of losing his license if the A's or JB made a stink. It could be argued that DC dragged his feet becase he wanted the state to put him in the position of having no other choice. Once they got the green light and he felt assured that his career was not in danger, he might have sang like a bluejay (ugly calls, but it's the voice they got!)
The World According
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How wonderful. The defense better pick who is next to portray as a villian. They better search to find lesser people than Mr. Miller and Mr. Nejame. The jury will not find Dominic as credible as them, on his best day, imo.
Someone asked me what makes me so sure Dominic knows more than he lets on. How much time do you have? My opinion as the World According to Julia, is arrived at from all that I have reviewed, as here are a lot of the links and tapes to illustrate examples. I post the exact quotes, sworn to testimony, and yes, YouTube videos of the hearings, interviews etc because I do very much believe in "Trust but Verify" as former President Reagan used to say.
Here are some,of Dominic Casey's discrepancies:
[ame]http://www.youtube.com/watch?v=NpFaxOPQseM[/ame]
[ame]http://www.youtube.com/watch?v=CYweJpl7lwo[/ame]
November 15, 16, 17
Taped Transcript of Mr. Dominic Casey
http://www.docstoc.com/docs/4782219/...leased-March-5
http://www.wftv.com/news/18432677/detail.html
Posted: 5:55 pm EST January 7, 2009Updated: 7:57 am EST January 8, 2009
P.I. Says Partner Knew Where Caylee Anthony's Body Was
"Private investigator Jim Hoover and his attorney told only Eyewitness News on Wednesday afternoon that the Anthonys' private investigator, Dominic Casey, told Hoover on the morning of November 15 that Caylee was dead and that he knew where her body was.
November 17, 2008 3:23:34 PM (scroll down)
Spokeswoman: Anthonys Have Evidence Caylee Is Alive
"Spokeswoman Michelle Bart told News 13 Monday they have legitimate tips and evidence that Caylee is still alive."
November 20, 2008
http://www.wftv.com/news/18025838/detail.html
Statement From Mark NeJame Resigning As Anthonys' Attorney
The following is a statement released by Mark NeJame on November 20, 2008
(quoted from statement)
"The other condition I required was that I would have absolutely nothing to do with representing Casey or assisting in her legal defense."
-----------------------------------------------------------------------
December 16, 2008
http://www.wftv.com/news/18288396/detail.html (scroll down)
Posted: 6:32 am EST December 16, 2008 Updated: 10:04 am EST December 18, 2008
ANTHONYS RELEASE STATEMENT ABOUT REMAINS (quoted from article)
"Conway said he plans to meet with the lead prosecutor and detectives later this week to ask for full immunity for the Anthonys"
January 7, 2009
http://www.wftv.com/news/18432677/detail.html
Posted: 5:55 pm EST January 7, 2009Updated: 7:57 am EST January 8, 2009
ANTHONY FAMILY ATTORNEY MEETS WITH PROSECUTORS
(quoted from article)
"Conway also told Eyewitness News that he's been trying to get immunity for the George and Cindy Anthony."
January 12, 2009
http://www.clickorlando.com/news/18460620/detail.html
POSTED: Monday, January 12, 2009 UPDATED: 2:09 pm EST January 12, 2009
Think of a parent asking teenager where they were that day. The teenager may say Johnny and he stopped at Johnny's house to pick up some stuff they needed for their homework project, to explain why he is an hour and half late. That may be true, only he forgot to mention that on the way to Johnny's they stopped in the park and smoked a couple of joints.
When Mr. Casey was asked who he was speaking to on the phone that day ...he answered his ill daughter, and stopped there. Later he changed that to add Genny. Oh my. Red flag. He told LE he was going to those woods to verify if that was a place Casey may have hung out as a teen....this is an unpaid PI, supposedly searching for a Zanny the Nanny...what would where Casey partied six years ago, before the baby was born, have to do with the price of tea in China? He told Mr. Hoover Caylee is dead and they were going to get her. First Dom said it was a tip, then a vision. By the way, mom , pop and Dom called in every wild tip from Mars they were given...but not the one that indicated the baby was dead and detailed the location of the body!!!!!! LE and the FBI spent likley hundreds of thousands of dollars searching down all these tips, all across the country, month after month after month. so why was this tip not called in by Dom? There is no innocuous explanation. Then Geraldo says Mr. Casey was sent to those woods with maps and graphs while Brad is on the show ( and this is important....Brad does not correct him ). He said he had no idea that Hoover was taping him. He can be clearly heard on the tape directing Mr. Hoover. Dom has said over and over again Hoover did not work for him. Later Brad claims that Hoover did work for Dom.. Are we detecting a pattern yet? My very favorite, hands down is.....mom and pop feign shock and claim they had no idea Dom went to those woods, the trouble is...Brad goes on Geraldo stating the tape belongs to them, it is part of THEIR INVESTIGATION. Moreover, Cindy states in front of two detectives that she had already sent someone to those woods in November...guess what month Dom was there. Are we there yet? Mr. Casey has stalled and delayed and fought in court for over a year now to avoid testifying. Yes....we have arrived.
Like the teenager and the walk home, Dom and Genny released a redacted short record from one day. That will hardly suffice.
This is the problem we have with seeing a release of Dom and Ginny's records from that day only.
1. We know they spoke on many other days than just the search day.
2. Dom had more than one phone he was using while in those woods.
3. Dom talked to others that then talked to Genny so we have questions about the nature of those conversations and relationships.
4. Genny is said to have been sent or given some items of Caylee's , we need to know the circumstances surrounding that, and see any and all correspondence.
There is such a thing as lying by omission. If you do not believe me...ask the federal officer what they would call Cindy giving the wrong hair brush for Caylee.
Have faith my friends. Mrs. Drane -Burdick wasted no time educating ( or as Mr. Dill would say..."edifying" ) Mr. Casey about what she expects when she has the court reporter swear him in. The same will be true with what's her name with the magic visions. What is that old Abe Lincoln saying..."You can fool some of the people...some of the time....but you cannot fool all of the people, all the time". The jig is up.
[ame]http://www.youtube.com/watch?v=YDxDvZLTHbA[/ame]
This is Mr, Hoover's lawyer detailing Mr. Hoover's knowledge on the topic. [ame]http://www.youtube.com/watch?v=a0yT8iFid6s[/ame]
[ame]http://www.youtube.com/watch?v=Ec4hZKXHfgk[/ame]
Dominic interview with LE and Federal Agents: [ame]http://www.youtube.com/watch?v=nhzHBImdRrY[/ame]
[ame]http://www.youtube.com/watch?v=ZsEUHs5HdtU[/ame]
[ame]http://www.youtube.com/watch?v=LTNP-5Z0JT0[/ame]
[ame]http://www.youtube.com/watch?v=F9AIov6MQ2k[/ame]
[ame]http://www.youtube.com/watch?v=NhnB-Vak0xg[/ame]
[ame]http://www.youtube.com/watch?v=AFwxZ2mbjlI[/ame]
[ame]http://www.youtube.com/watch?v=IVw8X5jo2WI[/ame]
[ame]http://www.youtube.com/watch?v=6VWLPKCmBJc[/ame]
[ame]http://www.youtube.com/watch?v=8Gk2OxnxZJs[/ame]
[ame]http://www.youtube.com/watch?v=1a0uIfJEKYk[/ame]
This is the psychic saying she was on the phone with Dominic the day he was in the woods.
[ame]http://www.youtube.com/watch?v=xqWXdPswWbs[/ame]
Dominic filed bar complaint against Jose Baez for two reasons
[ame]http://www.youtube.com/watch?v=67qpUNAz4vQ[/ame] He claimed he was unpaid and that Mr. Baez gave him instructions no to call 911 when he found the remains.
Mark Furhman comments on the search by Dominic.
[ame]http://www.youtube.com/watch?v=uvOEkBLXgUI[/ame]
Considering he was not being paid, chasing down where Casey hung out as a pre teen and teenager would be very very far removed from a PI's to do list! It was insulting to the intelligence of the LE who were interviewing him, and indeed the caught themselves laughing aloud at times.
I will be very interested to hear the entire, unedited version of the LE interview. The interesting thing that I learned recently about Dom is that his home was in pre foreclosure, he had only had only been a PI mere months before meeting the Anthonys, so how does one in this precarious predicament afford to work on anything for a year for free. Something has him emotionally invested and I am very leery of him. I have some very dear friends that I love more than life that I will trade favors with, but if even they expected me to work on something for a year, it would be with a warm note, and a invoice! LOL!!! The Anthonys were not old friends of his, they were strangers to him. Something keeps them tied together. Something nefarious in my opinion.
It is at the 6:45 mark, she was basically laying blame on the media for releasing their jailhouse conversations with Casey, and is trying to say that because of the information that has gotten leaked, that Caylee's captor might do something to her and that if that happened, in her words, "then everybody is to blame". She specifically says that "if we can prove that something happened to Caylee while she was out of Casey's custody" then you all will be to blame. Unbelievable how she shifts blame from Casey and on to everyone else! It looks to me like she absolutely knows where she "needs to go" with this, because something had in fact happened to Caylee. And they couldn't get out of it once that 911 call had been placed. So the "Mother of the Year campaign" gets cranked up, even though she doesn't use that exact term in this partcular interview.And over a year later, where are we? Watching the defense trying to prove that what happened to Caylee happened to her while out of Casey's custody. Why - that body couldn't have been in those woods, Cindy had her people search there!
Check it out:
[ame]http://www.youtube.com/watch?v=cHMNxkI4iMk[/ame]
Attorney Richard Hornsby had this to say about Mr. Casey,"You don't fight a subpoena this hard unless you have something to hide. If I recall, Judge Strickland said there was not privilege with him and Baez anymore, if that is the case, he will eventually testify."
__________________
[ame]http://www.youtube.com/watch?v=K2ZOW3xuzTo[/ame]
[ame]http://www.youtube.com/watch?v=CYweJpl7lwo[/ame]
http://www.docstoc.com/docs/39663514/Tim-Miller-121109-Interview-Transcript
My very ,very favorite. Everytime I hear someone disparaging TES it inspires me to get out my checkbook and donate to TES. Every single time, I do, thankfully for my budget it is rare. Most people have an abiding affection for how he devoted his life to looking for children after his daughter was missing and later found dead. Dominic could take a lesson on what it means for a man to step up and speak the truth for innocent children. Privilege aside, a baby is dead. Forever. My sincere hope is that indeed he did empty the bucket and give the truth, the whole truth and nothing but the truth to Mrs. Drane Burdick.
Advisory Legal Opinion - Investigative subpoenas/active criminal ...
- May 19
Orlando, Florida 32801. RE: CLERKS OF COURT--PUBLIC RECORDS--STATE ATTORNEYS–STATEWIDE PROSECUTOR--CRIMINAL PROCEDURE--investigative subpoenas issued as ...
www.myfloridalegal.com
Trapshooter
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The World According, I just have to give you HUGE KUDOS for all the Youtube clips you post reminding "us" of all that has been said & recorded. No matter what video or picture you post TWA, some people will never believe that TES and MN are not nefarious. IMO, Tim Miller & Mark Nejame are above reproach and the intelligent people that end up on the jury of ICA will see them for what they truly are......heroes that tell the TRUTH!
DC has been caught in so many lies that he will never be able to keep them straight. DC will be hung out to dry by his own tongue!
DC has been caught in so many lies that he will never be able to keep them straight. DC will be hung out to dry by his own tongue!
Dignity4Victims
"Miss Anthony and the truth are strangers" - Judge
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You pose a wonderful, yet very sad in its' reality, question.
There has been no other case like this one in so many ways, but it's really a sad, pathetic reality that TES was considered to be "the enemy" by the Anthonys.
No one other than the likes of the Anthonys would ever consider a man to be the villain who is doing nothing more than trying his best to locate the remains of an innocent victim who can not help themselves.
It speaks volumes for who the Anthonys are, and just how deeply they have disgraced Caylee.
Aedrys
If justice doesn't get you, karma will.
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You pose a wonderful, yet very sad in its' reality, question.
There has been no other case like this one in so many ways, but it's really a sad, pathetic reality that TES was considered to be "the enemy" by the Anthonys.
No one other than the likes of the Anthonys would ever consider a man to be the villain who is doing nothing more than trying his best to locate the remains of an innocent victim who can not help themselves.
It speaks volumes for who the Anthonys are, and just how deeply they have disgraced Caylee.
ITA, ESPECIALLY since THEY were the ones who bowed under public pressure, the same public they say they don't care about, and ASKED TES to search in the first place!
But then when TES wouldn't let Cindy control the search and do it her way, they stomped their feet like little children and ordered them out! So yes, call them villains because they wouldn't do what you wanted them to do, A's! You can't control everybody, and you found that out that hard way, didn't you?
You'd think they'd want her found no matter what condition she was in, but no, they were more worried about Casey getting into trouble if Caylee was found dead then finding their precious granddaughter. And they're just ticked they let a good lawyer like MN go and what does he do? Defend TES, the enemy in their eyes. I bet Cindy threw a huge FIT when she heard about it.
And then on top of that, the one man they thought they could control (outside of their ventriloquist puppet, I mean lawyer BC) has probably talked to the SA and LE, and after Casey is found guilty, the officers will be waiting with handcuff's for the A's. Man, talk about two people that have gotten the most karma I've ever seen.
Sometimes, I swear, I think Caylee was the most mature one in that whole family.
Trapshooter
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Karmic Justice!!!!! DC will get his too!!!!:loser:
Leila
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I've always felt there was a mission in Cindy's attempts to interfere with LE's investigation. When Cindy refused to give TM an article of Caylee's in order for tracking dogs to get Caylee's scent, that confirmed that Cindy didn't want the authorities finding Caylee.
Cindy had two different agendas going - publicly proclaiming Casey's innocence and that Caylee was alive, while at the same time trying to find Caylee's remains before the authorities did.
I think it's logical to assume that if DC had found Caylee's remains before the authorities, the family would have made those remains disappear forever. Without a body it would be much more difficult to convict Casey.
AZlawyer
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I keep saying this, but I guess I'd better say it again lol:
The exception in the Sunshine Laws for material relating to an "ongoing criminal investigation" DOES NOT APPLY if the material is also discoverable under the disclosure/discovery rules in a criminal prosecution. This means that NOTHING relevant is being held back by the state on the ground that they are "still investigating" it. This is why the SA had to get permission from the judge to hold back the jail letters until they completed the investigation regarding those letters--because the rules DID NOT ALLOW them to hold back those letters pending investigation without the judge's specific permission.
Capitals are for emphasis, not shouting.
The exception in the Sunshine Laws for material relating to an "ongoing criminal investigation" DOES NOT APPLY if the material is also discoverable under the disclosure/discovery rules in a criminal prosecution. This means that NOTHING relevant is being held back by the state on the ground that they are "still investigating" it. This is why the SA had to get permission from the judge to hold back the jail letters until they completed the investigation regarding those letters--because the rules DID NOT ALLOW them to hold back those letters pending investigation without the judge's specific permission.
Capitals are for emphasis, not shouting.
LambChop
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You pose a wonderful, yet very sad in its' reality, question.
There has been no other case like this one in so many ways, but it's really a sad, pathetic reality that TES was considered to be "the enemy" by the Anthonys.
No one other than the likes of the Anthonys would ever consider a man to be the villain who is doing nothing more than trying his best to locate the remains of an innocent victim who can not help themselves.
It speaks volumes for who the Anthonys are, and just how deeply they have disgraced Caylee.
You know what sticks in my mind? After CA has called 911 and GA arrives home CA walks out to meet him and says to GA about Caylee, "We've lost her." How final that statement sounds. For that split moment CA admitted what KC had done. One has to wonder what would have happened if KC told her mother the truth up front??? jmo
The World According
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I keep saying this, but I guess I'd better say it again lol:
The exception in the Sunshine Laws for material relating to an "ongoing criminal investigation" DOES NOT APPLY if the material is also discoverable under the disclosure/discovery rules in a criminal prosecution. This means that NOTHING relevant is being held back by the state on the ground that they are "still investigating" it. This is why the SA had to get permission from the judge to hold back the jail letters until they completed the investigation regarding those letters--because the rules DID NOT ALLOW them to hold back those letters pending investigation without the judge's specific permission.
Capitals are for emphasis, not shouting.
Thanks for helping us, so very , very often stay on the right tract.
Wouldn't that defeat the purpose of doing a investigative subpoena interview if they are required to release to the defense the transcript , whether they intend to call Dom to the stand or not? I am glad you are helping us because after reading this, I thought that the state only had to put him on the witness list if they planned to call him, and that so long as he did not divulge anything exculpatory, they did not have to divulge the contents of the interview. So this means that all of the state's interviews in total, are to be given to the defense whether the state is going to call the deponents to the stand or not? Thank you again. You are very valuable here!!!
This is where I got the other understanding. This is from the State of Florida Attorney General's Office
Number: AGO 90-48
Date: June 20, 1990
Subject: Investigative subpoenas/active criminal investigation
The Honorable Fran Carlton
Clerk of the Circuit and
County Courts, Orange County
37 North Orange Avenue, Suite 550
Orlando, Florida 32801
RE: CLERKS OF COURT--PUBLIC RECORDS--STATE ATTORNEYS–STATEWIDE PROSECUTOR--CRIMINAL PROCEDURE--investigative subpoenas issued as part of active criminal investigation exempt from public disclosure under Ch. 119, F.S.; once placed in court file, open to inspection, unless file is closed by order of court. ss. 119.011 and 119.07, F.S.
Dear Ms. :
You have asked substantially the following:
1. Are the existence and content of investigative subpoenas, including grand jury subpoenas, initiated by the State Attorney's Office and the Office of the Statewide Prosecutor exempt from the inspection and copying provisions of s. 119.07(1), F.S., prior to becoming part of the case files maintained by the Clerk of the Court?
2. If so, do they lose their exempt status when they become part of a case file?
2. Investigative subpoenas made part of a court file maintained by the clerk of court would be subject to public disclosure, unless closed by an order of the court or specifically exempted from public disclosure under s. 119.07(4), F.S.
Question One
Chapter 119, F.S., Florida's Public Records Law, makes public records of all documents, papers, letters or other materials, regardless of physical form, made or received in connection with the transaction of official business of an agency.[1] All such public records are open for public inspection,[2] unless the Legislature has exempted them from disclosure.[3]
You ask whether your office may treat criminal investigative subpoenas and all attendant paperwork filed in the clerk's office by the state attorney or the statewide prosecutor as part of an active criminal investigation exempt from the disclosure provisions of Ch. 119, F.S.
Section 119.07(3)(d), F.S., provides that "[a]ctive criminal intelligence information and active criminal investigative information are exempt from the provisions of subsection (1)" of s. 119.07, F.S. To be exempt, therefore, the record must be both "active" and constitute either "criminal intelligence" or "criminal investigative" information.
Criminal intelligence information is considered active "as long as it is related to intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities."[4] Criminal investigative information is active "as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future."[5]
Criminal intelligence information is defined as "information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity."[6] Criminal investigative information means "information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance."[7]
Advisory Legal Opinion - Investigative subpoenas/active criminal ...
- May 19
Orlando, Florida 32801. RE: CLERKS OF COURT--PUBLIC RECORDS--STATE ATTORNEYS–STATEWIDE PROSECUTOR--CRIMINAL PROCEDURE--investigative subpoenas issued as ...
www.myfloridalegal.com
Leila
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Tim Miller is the last person who would be considered an adversary in the case of a missing child!
MN terminated his services to George and Cindy when it became apparent that they would not follow his direction and remain silent. MN made it clear when he became their attorney that he was representing only George and Cindy, not Casey. MN was not part of the defense team.
LambChop
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I keep saying this, but I guess I'd better say it again lol:
The exception in the Sunshine Laws for material relating to an "ongoing criminal investigation" DOES NOT APPLY if the material is also discoverable under the disclosure/discovery rules in a criminal prosecution. This means that NOTHING relevant is being held back by the state on the ground that they are "still investigating" it. This is why the SA had to get permission from the judge to hold back the jail letters until they completed the investigation regarding those letters--because the rules DID NOT ALLOW them to hold back those letters pending investigation without the judge's specific permission.
Capitals are for emphasis, not shouting.
So what would be holding up copies of the depositions that we know were completed and have not yet been released?? Would it be that they have not transcribed them yet???
Leila
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Thanks The World According! Throughout this saga, MN has shown he has integrity, and that's important. He cares about Caylee, not her killer.
I'm not an attorney, but I think as long as DC is not put on the state's witness list, he's not subject to deposition by the defense. So, as you stated, as long as the state is investigating matters he divulged they can refrain from putting him on the witness list, which would then make him subject to defense deposition. Perhaps the state will wait until they have to submit a final witness list.
AZlawyer
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They have to disclose any recording/transcript/summary of any statement if the person questioned had anything relevant to say, whether or not the SA plans to use that information at trial. If nothing has been recorded or put in writing, there's nothing to disclose. If the person turns out to have no relevant information regarding the murder/child abuse/etc. charges, there's no disclosure obligation either (Mallory??).
If the media has not requested something, the defense would get it but we would not. It's pretty clear that the media has made a broad and continuing request, but maybe it isn't quite broad enough.
And there are probably things that the SA must disclose that are not "top priority" so are just held up in Beaurocracy Land.
When the "final" disclosure dates come along, those items will surface.