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  1. #1

    Question Motion for protective order to destroy videos of family visits

    Concerning this motion:
    http://www.wftv.com/pdf/20972696/detail.html
    which is for a Protective Order to force the Orange County jail from releasing videos of Casey's visitations with her family.

    Not being an attorney I have quite a few questions.
    For instance, why ARE those videos being released, along with the audio recordings of her phone calls with folks. What is the standard here that makes those items available for public release?

    Now mind you, I have watched and read each one and I am sure we have discussed this before, however in light of this motion I am wondering if the jail is "covered" for this practice of releasing this info, or if since they are a part of the state government, if that makes them the property of the state or what? Just hoping to come to understand the legality of why they CAN and SHOULD be released and if there is a chance that the judge will order no videoing of the Anthonys visiting Casey???

    ABC provided $200,000.00 to
    Casey Anthonys defense!
    The MURDERED should not be USED to pay for the MURDERERS DEFENSE!

    American Tragedy: The defense of Casey Anthony.

    Juror No. 11 somehow made the journey from Casey is the one on trial to George may be a murderer, based on how George acted on the stand? 3 years of evidence against Casey and he throws George under the bus. Makes sense?
    What evidence indicated that George might be a murderer? Anyone?
    Weren't they to ONLY consider EVIDENCE?
    This NOT GUILTY verdict throws Caylee right back into the swamp she decomposed in. Thanks to this "impartial" jury.

  2. #2
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    They are public record. As such, they fall under the Sunshine Laws. If requested, a citizen can get a copy of it.

    It's rare that anyone wants copies of inmate visits. Little miss Sunshine and her Family have been so entertaining in the media, that folks want to see every inch of footage out there.
    Just my opinion.....
    Finally found a reason for the Ignore feature!

  3. #3
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    I'm no lawyer. But from what I understand, the 'right to privacy' isn't an expectation when a person is an inmate. If they thought they had it, they loose it out during their first cavity search.

    The cameras are for everyone's protection. The Jail states they are not going to stop filming. And Visitation is done via camea phones. The visiter is actually across the street from the Jail. So there is no way to visit, except by being filmed.

    This process was put in place to combat drugs and other no-nos from being passed from visitors to inmates. It also makes it easier for "Big Brother" to monitor all conversations and record them. Which of course, they do. EVERYONE knows this when they visit. Including the Anthonys's.

    I believe these such recording have all ready been used in other cases that have been tried.

    The only difference is that all the Drama that the A's have made of these case, had drawn so much interest, that even their jail house visits want to be heard by the media and public at large. If they had boring meetings, folks would eventually leave them alone.
    Just my opinion.....
    Finally found a reason for the Ignore feature!

  4. #4
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    Quote Originally Posted by magic-cat View Post
    Concerning this motion:
    http://www.wftv.com/pdf/20972696/detail.html
    which is for a Protective Order to force the Orange County jail from releasing videos of Casey's visitations with her family.

    Not being an attorney I have quite a few questions.
    For instance, why ARE those videos being released, along with the audio recordings of her phone calls with folks. What is the standard here that makes those items available for public release?

    Now mind you, I have watched and read each one and I am sure we have discussed this before, however in light of this motion I am wondering if the jail is "covered" for this practice of releasing this info, or if since they are a part of the state government, if that makes them the property of the state or what? Just hoping to come to understand the legality of why they CAN and SHOULD be released and if there is a chance that the judge will order no videoing of the Anthonys visiting Casey???
    Honestly, I am no fan of Casey Anthony...but Florida's law is so weird in this regard! Here in Oregon we have murderers in jails and no one will be privy to their visits from family. How on earth is KC supposed to have a fair trial when every conversation she has had with family is released prior to her day(s) in court? I guess they just hope that some jurors aren't interested enough to look at these things..they'll be jurors who don't watch the news? I think it is a very strange situation ---that we are "allowed" access to all these conversations. They've been very entertaining...but it is so odd. I know that it is unlikely that suddenly KC would start having real conversations with people (sans code) but I have to think it would be helpful to all involved if she could. Maybe she would confess and the taxpayers of Florida would save a couple Mil!

  5. #5
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    Quote Originally Posted by affinity View Post
    Honestly, I am no fan of Casey Anthony...but Florida's law is so weird in this regard! Here in Oregon we have murderers in jails and no one will be privy to their visits from family. How on earth is KC supposed to have a fair trial when every conversation she has had with family is released prior to her day(s) in court? I guess they just hope that some jurors aren't interested enough to look at these things..they'll be jurors who don't watch the news? I think it is a very strange situation ---that we are "allowed" access to all these conversations. They've been very entertaining...but it is so odd. I know that it is unlikely that suddenly KC would start having real conversations with people (sans code) but I have to think it would be helpful to all involved if she could. Maybe she would confess and the taxpayers of Florida would save a couple Mil!
    The difference is...

    that the murderer in prison has been convicted and their conversations are most likely not audio recorded (although they may be video monitored), while KC is not convicted, there is a criminal investigation underway, and everything she says on a phone or in a visitation (other than her attorneys' visits) is open to audio taping for the purpose of gleaning evidence.

    The language of the Florida Sunshine Law is such that any record USED FOR THE PURPOSE OF CONDUCTING GOVERNMENT ACTIVITIES is subject to the Sunshine Law and available to the public upon request. Because anything that KC says on the phone or in a family visit can (and will!!!) be used against her in a court of law toward the prosecution's attempt at conviction, it qualifies as "used for the purpose of conducting government activities" and therefore is subject to the Sunshine Law.

    In other words, the Sunshine Law is not there so we can hear what prisoners say - but there to make government business transparent to the taxpayer so they can see that their government activities are being conducted properly.
    Last edited by Valhall; 09-19-2009 at 05:53 AM. Reason: typo

  6. #6
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    I'm sure some of you know, my Oldest DD spent 3 years in prison (she was guilty, it was drugs and she got caught), but even in prison, all visitation is audio and video recorded, you actually have to sign that you understand that you are being recorded and monitered (how is that spelled?) at all times and could be subject to the recordings being released under the Sunshine law (plus the fun of being searched before you enter the visitation area at the prison).

    So even once she's in prison, the media could still request copies of her visitations.
    Last edited by lisalei321; 09-19-2009 at 07:09 AM. Reason: I can't spell before coffee!
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  7. #7
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    While Sunshine Laws mandate that discovery is made public, it is still okay to have items "under investigation" withheld from the media for a time.

    If JB wants to use this as an "investigative tool", he could do that, couldn't he, and simply hand it over as discovery later to the prosecution who could then turn it over to the media when they, too, were through investigating its value.

    I'm not for private visits or special treatment, but I think this whole ploy is JB's attempt at damage control. I think AL wants the family to have a talk with their daughter about how nonsensical certain "strategy" in this case has been up to now. She probably has no real influence over her client at this point - JB and KC have mixed spit in their Twizzlers and KC is not intelligent enough - or is too isolated - to see how damaging his entire year of "defending" her has been. I think the Anthony family tried earlier, with BC, around the memorial.

    Once again, there's nothing this family can "corroborate" or cook up any more. They've had plenty of time for that in the almost two months KC was out on bail. Not to mention they collectively have the credibility of hallucinations.

    Why couldn't they simply have a private visit first and have Judge Strickland decide if the motion should hold after he hears the conversation?
    "Anyone who has the power to make you believe absurdities has the power to make you commit injustices" - Voltaire

  8. #8
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    Quote Originally Posted by cecybeans View Post

    Not to mention they collectively have the credibility of hallucinations.
    *snipped to the art*

    LMAO! I want that in my siggy.

  9. #9
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    The part I don't quite get is that the defense has not requested (in the Motion) that the jail visit audios be "sealed". They only request that all past videos be destroyed (ridiculous because they are already out in the media in a multitude of copies), and they request that any future visits not be recorded at all (not recorded -- then sealed from public publication).
    It seems to me that the Motion is asking for special treatment of their client, and it will not be granted.
    I do not understand why the Defense has not specifically asked that the videos be sealed?
    It is my opinion that the Defense does not want to lose complete control of what their client says to her family and vice versa, and be put in the position of having to do damage control, after the fact, and on a public stage.

  10. #10
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    Quote Originally Posted by Valhall View Post
    The difference is...

    that the murderer in prison has been convicted and their conversations are most likely not audio recorded (although they may be video monitored), while KC is not convicted, there is a criminal investigation underway, and everything she says on a phone or in a visitation (other than her attorneys' visits) is open to audio taping for the purpose of gleaning evidence.

    The language of the Florida Sunshine Law is such that any record USED FOR THE PURPOSE OF CONDUCTING GOVERNMENT ACTIVITIES is subject to the Sunshine Law and available to the public upon request. Because anything that KC says on the phone or in a family visit can (and will!!!) be used against her in a court of law toward the prosecution's attempt at conviction, it qualifies as "used for the purpose of conducting government activities" and therefore is subject to the Sunshine Law.

    In other words, the Sunshine Law is not there so we can hear what prisoners say - but there to make government business transparent to the taxpayer so they can see that their government activities are being conducted properly.
    No, I should have clarified. There is an "alleged" murderer awaiting trial in Oregon who I was referring to. But, I appreciate your explanation. Florida is unique! I think our guy in Oregon awaiting trial has a much better deal than KC does (because his jailhouse/family/conversations are not in the media). It seems more fair to me. But, "Sunshine" is the law in Florida--(Lyons must be beside herself trying to make Florida conform to the rest of the US!)


  11. #11
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    Quote Originally Posted by cecybeans View Post
    JB and KC have mixed spit in their Twizzlers
    Quote Originally Posted by Valhall View Post
    *snipped to the art*
    (((Originally Posted by cecybeans
    Not to mention they collectively have the credibility of hallucinations.)))

    LMAO! I want that in my siggy.
    Snipped for space and bolded by me.
    Then I get dibs on the Twizzlers one!

  12. #12
    Quote Originally Posted by affinity View Post
    Honestly, I am no fan of Casey Anthony...but Florida's law is so weird in this regard! Here in Oregon we have murderers in jails and no one will be privy to their visits from family. How on earth is KC supposed to have a fair trial when every conversation she has had with family is released prior to her day(s) in court? I guess they just hope that some jurors aren't interested enough to look at these things..they'll be jurors who don't watch the news? I think it is a very strange situation ---that we are "allowed" access to all these conversations. They've been very entertaining...but it is so odd. I know that it is unlikely that suddenly KC would start having real conversations with people (sans code) but I have to think it would be helpful to all involved if she could. Maybe she would confess and the taxpayers of Florida would save a couple Mil!
    Here is the thing about fairness in all of this. If one is innocent, then there is nothing to hide. If one has not committed the crime, then ones discussions, no matter with whom, will not be incriminating. If one is not hiding something, then there is no need for secrets.

    I do believe it is fair to all concerned, and reasonable, that if someone is incarcerated then they are subject to recording. These recordings would also go MILES to show one was innocent if, in fact, one were innocent. Therein lies the problem in this particular case. One is NOT innocent and one cannot get any time to work out the kinks in her lies with her mouthpieces, her family, without it being known. The thing that makes these recordings so unfair is that she committed the crime and now, after the fact, cannot get her ducks in a row between her family and her defense.

    I am happy to know that these recordings ARE a matter of public record and that the state has a right to release them as part of their investigation. If anyone has any doubts about who Casey Anthony REALLY is and what she is REALLY all about, just go back and listen to the call between herself, her mother, her brother and her friend Christina. She cared not one tiny bit for the baby that was missing. Her ONLY concern was to talk to the boyfriend that made this whole thing worthwhile to her. She was going to live the beautiful life with him...but something got in the way...she got caught and now she is being recorded and I personally believe it's good enough for her.

    ABC provided $200,000.00 to
    Casey Anthonys defense!
    The MURDERED should not be USED to pay for the MURDERERS DEFENSE!

    American Tragedy: The defense of Casey Anthony.

    Juror No. 11 somehow made the journey from Casey is the one on trial to George may be a murderer, based on how George acted on the stand? 3 years of evidence against Casey and he throws George under the bus. Makes sense?
    What evidence indicated that George might be a murderer? Anyone?
    Weren't they to ONLY consider EVIDENCE?
    This NOT GUILTY verdict throws Caylee right back into the swamp she decomposed in. Thanks to this "impartial" jury.

  13. #13
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    Quote Originally Posted by cecybeans View Post
    While Sunshine Laws mandate that discovery is made public, it is still okay to have items "under investigation" withheld from the media for a time.

    If JB wants to use this as an "investigative tool", he could do that, couldn't he, and simply hand it over as discovery later to the prosecution who could then turn it over to the media when they, too, were through investigating its value.

    I'm not for private visits or special treatment, but I think this whole ploy is JB's attempt at damage control. I think AL wants the family to have a talk with their daughter about how nonsensical certain "strategy" in this case has been up to now. She probably has no real influence over her client at this point - JB and KC have mixed spit in their Twizzlers and KC is not intelligent enough - or is too isolated - to see how damaging his entire year of "defending" her has been. I think the Anthony family tried earlier, with BC, around the memorial.

    Once again, there's nothing this family can "corroborate" or cook up any more. They've had plenty of time for that in the almost two months KC was out on bail. Not to mention they collectively have the credibility of hallucinations.

    Why couldn't they simply have a private visit first and have Judge Strickland decide if the motion should hold after he hears the conversation?
    I'm a little confused, Cecy. Are you saying that AL is breaking ranks from JB...because why would JB want such a convo to take place? Besides, JB and BC have seemed kind of chummy...do you think this is just an act?

  14. #14
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    Quote Originally Posted by affinity View Post
    No, I should have clarified. There is an "alleged" murderer awaiting trial in Oregon who I was referring to. But, I appreciate your explanation. Florida is unique! I think our guy in Oregon awaiting trial has a much better deal than KC does (because his jailhouse/family/conversations are not in the media). It seems more fair to me. But, "Sunshine" is the law in Florida--(Lyons must be beside herself trying to make Florida conform to the rest of the US!)
    Do you know if the media has requested the guys taped visits?

    Not every inmates visits are on the nightly news down here. The family became a never ending show. The problem is, they only want it, when they want it. And they want it to stop, when they want it to stop. It doesn't work that way. NO ONE in the public eye gets to make those sort of shots. We all remember P. Diana and how she died... Her sons don't get privacy either.
    Just my opinion.....
    Finally found a reason for the Ignore feature!

  15. #15
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    Quote Originally Posted by magic-cat View Post
    Here is the thing about fairness in all of this. If one is innocent, then there is nothing to hide. If one has not committed the crime, then ones discussions, no matter with whom, will not be incriminating. If one is not hiding something, then there is no need for secrets.

    I do believe it is fair to all concerned, and reasonable, that if someone is incarcerated then they are subject to recording. These recordings would also go MILES to show one was innocent if, in fact, one were innocent. Therein lies the problem in this particular case. One is NOT innocent and one cannot get any time to work out the kinks in her lies with her mouthpieces, her family, without it being known. The thing that makes these recordings so unfair is that she committed the crime and now, after the fact, cannot get her ducks in a row between her family and her defense.

    I am happy to know that these recordings ARE a matter of public record and that the state has a right to release them as part of their investigation. If anyone has any doubts about who Casey Anthony REALLY is and what she is REALLY all about, just go back and listen to the call between herself, her mother, her brother and her friend Christina. She cared not one tiny bit for the baby that was missing. Her ONLY concern was to talk to the boyfriend that made this whole thing worthwhile to her. She was going to live the beautiful life with him...but something got in the way...she got caught and now she is being recorded and I personally believe it's good enough for her.
    EVERYONE has secrets. But several people in a room, and you have lots of private secrets. It doesn't meant that their secrets have anything to do with what a person is charged with. OTher folks might thing the secret is no big deal. But that person,it's different.

    But because there is a camera rolling, they can not talk about them. Cause they are standing in public. Seems private, but it is very public. They can not talk about some health issues that should stay private. Some folks don't want others to know they have anything wrong. Can't talk about the uncle that is going senial, cause it would hurt his feelings to hear about them talking about it on the nightly news.

    A person can have secrets and still be very much innocent of the crime they are being accused of.
    Just my opinion.....
    Finally found a reason for the Ignore feature!

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