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  1. #1
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    State files motion to proceed with check fraudUPDATE CASE TO BE SCHEDULED

    Not an attorney, but I think this a great idea. It might force KC on the stand to explain why she stole AH checks and wrote against the funds at Targee and other places as well as going directly into the bank branch to cash a check.

    Any legal opinions ..... are more than welcome.

    http://www.clickorlando.com/news/19823153/detail.html
    Last edited by countzero; 06-22-2009 at 01:12 PM. Reason: add link

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    What's that noise?! ....oh, i do believe it is Baez throwing another fit....

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    Quote Originally Posted by countzero View Post
    Not an attorney, but I think this a great idea. It might force KC on the stand to explain why she stole AH checks and wrote against the funds at Targee and other places as well as going directly into the bank branch to cash a check.

    Any legal opinions ..... are more than welcome.

    http://www.clickorlando.com/news/19823153/detail.html

    I'm not sure I see the point. Check fraud for such a minimal amount would be a misdemeanor at most and it's not like she would get time. She has no previous criminal record. If that was the only charge, she'd probably get a fine and probation.

    Anyone out there have access to the Florida penal code?



    ~Jai Yen

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    whiteangora is offline I'm on the right track baby. I was "Born This Way"
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    The State must have a strategy hidden in this latest Motion, I just don't know what they hope to accomplish by having the Check Fraud Trial first. If she's convicted, I don't think they can use that info in the murder trial, can they?
    Neighborhood Watch is...
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    No, but if convicted, that could come in at her murder trial. That might be important as to what other evidence could be allowed to be presented.

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    Quote Originally Posted by whiteangora View Post
    The State must have a strategy hidden in this latest Motion, I just don't know what they hope to accomplish by having the Check Fraud Trial first. If she's convicted, I don't think they can use that info in the murder trial, can they?
    I'm pretty sure it can....not positive though.

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    Quote Originally Posted by jai-yen View Post
    I'm not sure I see the point. Check fraud for such a minimal amount would be a misdemeanor at most and it's not like she would get time. She has no previous criminal record. If that was the only charge, she'd probably get a fine and probation.

    Anyone out there have access to the Florida penal code?



    ~Jai Yen
    It's a third degree felony to forge a check.

    http://www.flsenate.gov/Statutes/ind...3ESection%2001

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    Quote Originally Posted by beach2yall View Post
    No, but if convicted, that could come in at her murder trial. That might be important as to what other evidence could be allowed to be presented.
    That is exactly what I was thinking. Sorta/kinda of a way to "lock" in testimony for the murder trial.

    Now, if the state does prevail, gets a court date in 60 days and KC is convicted, does she go into general population or still be in solitary confinement.??

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    I think the amount of the theft would qualify as a felony. It was several hundred dollars, and forgery is a felony in every state that I'm aware of. Misdemeanor theft is usually under $100.

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    Quote Originally Posted by countzero View Post
    That is exactly what I was thinking. Sorta/kinda of a way to "lock" in testimony for the murder trial.

    Now, if the state does prevail, gets a court date in 60 days and KC is convicted, does she go into general population or still be in solitary confinement.??

    I don't think she will go into general population until after (and IF) she is convicted at the murder trial. She is too high-profile right now and the State has an obligation to insure her safety.


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    Quote Originally Posted by whiteangora View Post
    The State must have a strategy hidden in this latest Motion, I just don't know what they hope to accomplish by having the Check Fraud Trial first. If she's convicted, I don't think they can use that info in the murder trial, can they?
    Indeed they can. They can have the check charges and findings of guilty read into evidence and use it to show by legally established fact that cannot be refuted in the subsequent trial that KC did do those economic crimes. It can be used and argued in many relevant ways to the later homicide case. The more established facts that can be woven into the prosecution's case, the more comfort level the jury is going to have going into deliberations on the homicide case.

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    Quote Originally Posted by beach2yall View Post
    What's that noise?! ....oh, i do believe it is Baez throwing another fit....
    And I've got money on the table that during that fit there will be uttered, at least once if not a dozen times, the words

    uhhhh
    taint
    ummmm
    jury
    uhhhh
    pool

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    Quote Originally Posted by Valhall View Post
    And I've got money on the table that during that fit there will be uttered, at least once if not a dozen times, the words

    uhhhh
    taint
    ummmm
    jury
    uhhhh
    pool

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    If she was convicted and sentenced, how would that sentencing fit into her being already held in prison right now?

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    Quote Originally Posted by Themis View Post
    Indeed they can. They can have the check charges and findings of guilty read into evidence and use it to show by legally established fact that cannot be refuted in the subsequent trial that KC did do those economic crimes. It can be used and argued in many relevant ways to the later homicide case. The more established facts that can be woven into the prosecution's case, the more comfort level the jury is going to have going into deliberations on the homicide case.
    Thanks for the explanation. I was thinking about a question someone asked about prior bad acts, and how they could not be brought in as evidence in the murder trial. Guess I don't have to say,
    "I'm not a lawyer".
    Neighborhood Watch is...
    NOT the Vigilante Police
    http://www.sanfordfl.gov/investigati...PowerPoint.pdf





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