2009.10.12 Defense's Jury Motions for Fraud Trial

Muzikman · Oct 12, 2009

Got these today, don't think the media has them up yet. Also have a couple other motions to exclude evidence that will be a separate thread.

Andrea Lyon - Motion for Admission To Appear Pro Hac Vice (Fraud Trial, 5 pages)
http://www.docstoc.com/docs/13091969/Motion-For-Admission-To-Appear-Pro-Hac-Vice

Motion For Individually Sequestered Jury Voir Dire (Fraud Trial) (includes Memorandum Of Law in Support and Table Of Exhibits, 13 pages)
http://www.docstoc.com/docs/document-preview.aspx?doc_id=13096875

Motion for Jury Questionaire (Fraud Trial) (Includes Memorandum of Law in Support and Table of Exhibits, 16 pages)
http://www.docstoc.com/docs/document-preview.aspx?doc_id=13097020

Juror Questionaire (Fraud Trial, 10 pages)
http://www.docstoc.com/docs/document-preview.aspx?doc_id=13097241

On the Juror Questionaire - My answer for Question 20 would probably be "You only live once, enjoy it while you can!"

sleutherontheside · Oct 12, 2009

Noticeably absent in the juror questionaire........have you previously or do you currently participate and/or post on any online crime forums. They have been so concerned about bloggers and yet they assume that question #41 will encompass internet. Unreal. Additionally......is it standard to ask names of minor children??

JSR · Oct 12, 2009

BRING ON the Motions to exclude! This I gotta see ....

Muzikman · Oct 12, 2009

JSR said:
BRING ON the Motions to exclude! This I gotta see ....

Coming right up! Give me 10 minutes. Wait until you see the loooonnnggg title of one of them...

JSR · Oct 12, 2009

Muzikman said:
Coming right up! Give me 10 minutes. Wait until you see the loooonnnggg title of one of them...

My guess is they're gonna fight like hell to get every single bit of evidence thrown out. It's the only option their client is giving them.

songline · Oct 12, 2009

I am beginning to wonder why we have laws....
I am getting sick and nothing better get thrown out.

Dear Prudence · Oct 12, 2009

So Andrea Lyons is going to represent KC on the fraud trial........ huh?

This trial seems to be an open and shut case with the videos at the stores and KC's own signature on Amy's checks.

Why would AL need to be on this case and where in the world is KC getting the money to pay for all this?

RainyGirl · Oct 12, 2009

OK....confession time. I was a juror in a somewhat high-profile murder trial some time ago (in another state.....not WA.). The case in quesion had pre-trial publicity and a lot of mudslinging from the defense. I was heavily questioned by both sides during voir dire but never, ever answered this type on invasive (imo) questionnaire!!! And yes--I answered voir dire questions in front of the judge, defendent, all counsel (pros. and defense) and a huge gallery of the jury pool. It was an honor to serve as a juror and I'm glad I did it....but I almost feel sorry for the potential jurors who have to deal with this carp!

JMO...

tsitra01 · Oct 12, 2009

Apparently JB is'nt prepared to defend KC in the Fraud trial all by himself.
I hear AL is an expert in confusing the Jury. I am anxious to see how she
can possibly sugar coat KC's actions here unless the evidence is thrown out.

Dear Prudence · Oct 12, 2009

For the check fraud trial I think this is all a bit of overkill. But maybe the defense is just floating it out there and if it works then they know it will definetly work for the murder case. If not, they have all the motions written already when the time comes.

I think the judge should let them do these things. Whatever leaves less room for an appeal works for me. But I don't know anything about what the law actually is so it's JMO.

RainyGirl · Oct 12, 2009

Quick question for those who know better than me:

Assuming the tapes of her forging Amy's checks are allowed into evidence, will they be played for the jury?? (The Target tapes, B of A....)

TIA

Dear Prudence · Oct 12, 2009

Most of the questions don't seem too out of the ordinary for a jury questionnare to me, except for religious and political affiliation. Is that normal to ask for those? I've only served on a jury twice and can't remember if that was asked or not. It seems to have the potential for profiling.

sleutherontheside · Oct 12, 2009

A random thought....question #41 asking about exposure to the case....does not specifically ask about internet, crime blogs, posting on the internet etc..... At first...I wondered if it was just an ommission....but after thinking further I can't help but wonder if it is a strategy. Don't ask about it specifically, hope that potential juror doesn't think to disclose the info, determine at some point in time during the trial that they have visited WS or any other number of crime sites (search ip addresses linked to address of juror and records of their internet use) and then call for a mistrial based upon prejudice. Am I overthinking this or is this a possibility?

zoomom · Oct 12, 2009

sleutherontheside said:
A random thought....question #41 asking about exposure to the case....does not specifically ask about internet, crime blogs, posting on the internet etc..... At first...I wondered if it was just an ommission....but after thinking further I can't help but wonder if it is a strategy. Don't ask about it specifically, hope that potential juror doesn't think to disclose the info, determine at some point in time during the trial that they have visited WS or any other number of crime sites (search ip addresses linked to address of juror and records of their internet use) and then call for a mistrial based upon prejudice. Am I overthinking this or is this a possibility?

oh yeah! I do NOT think you are overthinking! All I can think about is the dirty behind-the-scenes stuff that they pulled in the movie "The Runaway Jury"

static · Oct 12, 2009

Dear Prudence said:
For the check fraud trial I think this is all a bit of overkill. But maybe the defense is just floating it out there and if it works then they know it will definetly work for the murder case. If not, they have all the motions written already when the time comes.

I think the judge should let them do these things. Whatever leaves less room for an appeal works for me. But I don't know anything about what the law actually is so it's JMO.

I really hope the judge gets tired of these desperate attempts, which is a waste of everyone's time and money, and says O FOR THE LOVE OF GOD LET THE TRIAL BEGIN! and brings down his gavel with the thunder of THOR.

ohiogirl · Oct 13, 2009

I would think that the prosecution will be asking questions of the jurors also, they would want to know if a juror was on a crime forum so that the defense could not come back later and raise hell. I also don't think this charge is any big deal. It is extremely minor compared to the murder charge. She may change her plea right before trial, JMO of
course.

JSR · Oct 13, 2009

RainyGirl said:
Quick question for those who know better than me:

Assuming the tapes of her forging Amy's checks are allowed into evidence, will they be played for the jury?? (The Target tapes, B of A....)

TIA

For the fraud trial yes. For the murder case it depends. It might show state of mind in the murder trial.

JSR · Oct 13, 2009

Dear Prudence said:
Most of the questions don't seem too out of the ordinary for a jury questionnare to me, except for religious and political affiliation. Is that normal to ask for those? I've only served on a jury twice and can't remember if that was asked or not. It seems to have the potential for profiling.

That's what Voir Dire is all about. There's a reason jury consultants are well paid. Jury consultants profile potential jurors and advise you on what type of juror you need on your case- one that would be more sympathetic to your case.

JSR · Oct 13, 2009

ohiogirl said:
I would think that the prosecution will be asking questions of the jurors also, they would want to know if a juror was on a crime forum so that the defense could not come back later and raise hell. I also don't think this charge is any big deal. It is extremely minor compared to the murder charge. She may change her plea right before trial, JMO of
course.

Actually this is not a minor charge for one reason. If Casey is convicted (which she would be in the fraud case no question) and she walks into the murder case as a convicted felon it WILL count against her in the penalty phase. This is why AL is so involved, a felony conviction will drastically affect her strategy in regards to the DP.

ZsaZsa · Oct 13, 2009

JSR said:
That's what Voir Dire is all about. There's a reason jury consultants are well paid. Jury consultants profile potential jurors and advise you on what type of juror you need on your case- one that would be more sympathetic to your case.

It might be hard to find a Juror who would be able to watch a video of KC committing the crimes and then is able to find her not guilty though :innocent:

2009.10.12 Defense's Jury Motions for Fraud Trial

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