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View Poll Results: Was Defendant Denied Her Right to Counsel?

Voters
276. You may not vote on this poll
  • Yes, placing defendant before the television delayed personal notification by her attorney.

    6 2.17%
  • No, as soon as her attorney arrived he was admitted to the common room.

    114 41.30%
  • No, defendant went to the infirmary for medication. Surveillance is ever present in jail.

    157 56.88%
  • Yes, defendant should have remained in her cell until her attorney arrived.

    9 3.26%
Multiple Choice Poll.

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  1. #1
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    Was Defendant Deprived of Her Right to Counsel?

    1. Yes, the strategem of putting defendant in front of the television news delayed the personal notification from her attorney.

    2. As soon as her attorney arrived, he was admitted to the common room at the infirmary. There was no attempt to deprive her of counsel.

    3. Defendant should not have been surveilled until her attorney was present.

    4. Defendant went to the infirmary for medication; surveillance cameras are ever present in the jail. Nothing unexpected occurred.
    Last edited by Tuba; 05-30-2009 at 07:47 PM. Reason: add letter "e"
    Life takes a toll. Please have exact change ready.

  2. #2
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    IIRC, jail personnel noticed she may have already been notified as she was listening to her radio in her cell.

    Legally, I think it's been agreed that KC has no special rights to privacy and can be surveilled or filmed at any time.

    Since this was simply a news story about the discovery of what was suspected to be the remains of a child, and not actual confirmation of finding Caylee's body, I don't see why her attorney should have any special rights or access to her. If it had been confirmed, then perhaps it would have been a courtesy to allow him to see her before she found out from other sources, but I seriously doubt any rule or law was broken.

    Her attorneys are also trying to invoke some sort of HIPAA-based privacy violation based on her subsequent request for medication, but it does not look like HIPAA rules may even apply and she was not denied medical attention when she requested.

    Her attorneys can rail about her rights but it will be difficult to garner public sympathy for this defendant, her family and defense team who have exploited the media and LE for their own gain and profit when it suits them and cry foul when it doesn't turn out to their benefit.
    Last edited by cecybeans; 05-30-2009 at 08:05 PM. Reason: left out a couple of words
    "Anyone who has the power to make you believe absurdities has the power to make you commit injustices" - Voltaire

  3. #3
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    Inmates do not have an absolute right to have their attorney present whenever they wish or demand. They have a right to have an attorney present when they are being actually questioned and no questions may be asked of them without the attorney present. THAT'S IT.

    The arguement would have to be that observing the defendents reaction to a particular situation constitutes questioning. Which is going to be a stretch to make.

    KC's legal team ddi alot of ranting about ethics, morality, and constitutional rights being violated, once again without citing any actual decisions, case law, etc. Not a strong way to start a legal arguement.

  4. #4
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    I voted no! I will tell you that I find the order of depositions odd that JB is taking. I mean shouldn't he be deposing TL and her friends that know ZG (like JL or JH) hmmmmm? I suppose it is because he knows there are no known persons. Again it is a fishing expedition.........He is trying to find something that LE screwed up on so that he can win his case. Who knows he may say that RK was dating ZG or something along that line.

  5. #5
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    Quote Originally Posted by waiting4change View Post
    I voted no! I will tell you that I find the order of depositions odd that JB is taking. I mean shouldn't he be deposing TL and her friends that know ZG (like JL or JH) hmmmmm? I suppose it is because he knows there are no known persons. Again it is a fishing expedition.........He is trying to find something that LE screwed up on so that he can win his case. Who knows he may say that RK was dating ZG or something along that line.
    Bold mine.

    Sheesh - don't give JB any ideas!

    JB saw Casey as soon as he arrived at the jail. End of story.

  6. #6
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    Quote Originally Posted by NocturnalLady View Post
    Bold mine.

    Sheesh - don't give JB any ideas!

    JB saw Casey as soon as he arrived at the jail. End of story.
    I agree. I know it's been mentioned that when he received the news he told LE he wanted to be the one to tell Casey...but I don't see why they're obligated to do any such thing.

  7. #7
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    sharpar is offline If dogs dont go to heaven I want to go where they are
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    She is in jail - was in a common area that is taped and recorded - and no secret
    Once again prisoner is expecting special treatment -
    Like everything from defense side so far - its much to do about nothing
    The only rights that have been violated are Caylee's

  8. #8
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    The video happens to be a tape that runs all day long in the common area.
    There is NO AUDIO so we didn't hear anything.

    Upon Baez arriving, he was given access to the lovely PRISONER.

    Remember, NO ONE/LE said it was Caylee on the 11th. We had to wait for confirmation. Isn't he acknowledging her actions implied it WAS her daughter, in a 'backward sort of way'.

    Interesting, Baez thinks her actions in the common area would throw a negative light on his innocent defendant. Yet, he doesn't think that waiting 31 days before LE was notfied about Caylee would be harmful....ugly coping of course, and she's not even the one to have brought Caylee missing to light.

    Bottom line deal, it's so obvious they are trying ANY way possible to eventually get this tape thrown out completely. God forbid we should make a comparison to her responses between the time Leonard P searched Blanchard Park (only reported by jail personnel & fellow jailmates who witnessed her casual demeanor) and the find on Dec. 11th .

    At least Baez has found the right adjective to describe the activities of his defendant,
    'UGLY'
    Last edited by FifthEssence; 05-31-2009 at 10:01 PM.

  9. #9
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    Quote Originally Posted by cecybeans View Post
    IIRC, jail personnel noticed she may have already been notified as she was listening to her radio in her cell.
    Just wondering, knowing that Casey would hear this news were they not obligated to take her to a secure area where they could watch over her?

    I thought she was already on suicide watch. I know JB has revealed that the officers may have said this rarely happens so I'm thinking well, maybe this particular situaton has not ever come up before (as in a recovery of a body while the accused is in custody in solitare and on suicide watch.. who happens to be the mother.) I can't see them leaving her alone in her cell at this time even if I'm incorrect and she was not on suicide watch.
    Last edited by Mystic; 05-30-2009 at 10:46 PM. Reason: correct typo & completed sentence

  10. #10
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    Quote Originally Posted by sharpar View Post
    She is in jail - was in a common area that is taped and recorded - and no secret
    Once again prisoner is expecting special treatment -
    Like everything from defense side so far - its much to do about nothing
    The only rights that have been violated are Caylee's
    A question...........does the fact that it is Unusual constitute a problem for the Corrections Officers? If it really is unusual that is. TIA
    Contradictions do not exist. Whenever you think you are facing a contradiction, check your premises. You will find that one of them is wrong.
    Ayn Rand


  11. #11
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    Quote Originally Posted by cecybeans View Post
    IIRC, jail personnel noticed she may have already been notified as she was listening to her radio in her cell.

    Legally, I think it's been agreed that KC has no special rights to privacy and can be surveilled or filmed at any time.

    Since this was simply a news story about the discovery of what was suspected to be the remains of a child, and not actual confirmation of finding Caylee's body, I don't see why her attorney should have any special rights or access to her. If it had been confirmed, then perhaps it would have been a courtesy to allow him to see her before she found out from other sources, but I seriously doubt any rule or law was broken.

    Her attorneys are also trying to invoke some sort of HIPAA-based privacy violation based on her subsequent request for medication, but it does not look like HIPAA rules may even apply and she was not denied medical attention when she requested.

    Her attorneys can rail about her rights but it will be difficult to garner public sympathy for this defendant, her family and defense team who have exploited the media and LE for their own gain and profit when it suits them and cry foul when it doesn't turn out to their benefit.
    I want to know WHERE It is written that ONLY her attorney can notify her of anything.
    I have a constitutional right to my opinion and I am stating it!!!!!

  12. #12
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    Quote Originally Posted by faefrost View Post
    Inmates do not have an absolute right to have their attorney present whenever they wish or demand. They have a right to have an attorney present when they are being actually questioned and no questions may be asked of them without the attorney present. THAT'S IT.

    The arguement would have to be that observing the defendents reaction to a particular situation constitutes questioning. Which is going to be a stretch to make.

    KC's legal team ddi alot of ranting about ethics, morality, and constitutional rights being violated, once again without citing any actual decisions, case law, etc. Not a strong way to start a legal arguement.
    ''It's spretty obvious to me that Baez has no clue how to file a motion of any kind. I have never seen such poorly written documents in my entire life and he doesn't cite case law either. I think you have eto hire the village idiot just to read them.because they make no sense whatsoever. moo
    I have a constitutional right to my opinion and I am stating it!!!!!

  13. #13
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    I hate this thread because we are still discussing if poor Casey was unfairly treated. (as per her lawyer)

    Here is a woman who allowed LP to bail her out and pretty much made a fool out of him, sat by calmly and cooly and watched thousands of people search for her daughter in the heat while we were all sending pizzas per Murt, then watched as LP conducted his search at Jay Blanchard Park with no reaction (and remember...her parents had no reaction either)

    And then, when the bones were located 1/4 mile from her house and she saw this on TV at the jail and her reaction was recorded....this is wrong and unfair and illegal (per JB)? Are you freakin' kidding me?

  14. #14
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    Quote Originally Posted by sharpar View Post
    She is in jail - was in a common area that is taped and recorded - and no secret
    Once again prisoner is expecting special treatment -
    Like everything from defense side so far - its much to do about nothing
    The only rights that have been violated are Caylee's
    Well she gets JB's laptop for internet access, why not get more special treatment that other prisoners cannot enjoy?

  15. #15
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    She chose her counsel. Baez needs to step it up.

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