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  1. #1
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    Rhornsby Legal Q&A #3 Relevant to the Anthony Case

    Did you attend today's hearing?

    Blaise
    Last edited by JBean; 12-11-2009 at 09:02 PM.
    YOU PEOPLE ATE CHILI WITHOUT MEEEEEEEEEEEEE!


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  3. #2
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    Phumi is offline Founding Member of AFKBPOFPOPL and Mulch Princess
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    Some observers said that Mrs. Anthony passed a note to KC in court today (through Baez, I think.) Is that allowed?


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  5. #3
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    Her killer prepared some substance in advance that would render physically unable to resist, administered the substance, awaited its effect and then methodically applied three pieces of duct tape to completely cut off the flow of air through her mouth or her nose and let nature take its course...

    Why didn't Jeff Ashton name the substance prepared and administered to Caylee by the killer?


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    Quote Originally Posted by Phumi View Post
    Some observers said that Mrs. Anthony passed a note to KC in court today (through Baez, I think.) Is that allowed?
    IMO it was a tissue, but still, is that allowed?


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    Today, Andrea L asked the court to approve the destruction / taping over of jail video taken during her clients visitations. I can only anticipate that LKB, JB, and AL, will argue for bench notes from FBI labs, experts etc...They will then argue against any evidence or testimony that can not be "backed up" with said bench notes. We know this is coming because LKB has already requested the Procedures and Policies and made specific mention of bench notes. Is it possible that Andrea's request for destruction of public records could hurt any argument the defense has relating to bench notes, as she seems to have advocated for records destruction that would benefit her client? Seems you can't have it both ways. Additionally, she didn't ask for destruction of tapes only after the SA, LE, and defense team had evaluated them. She only mentioned the jail personnel ruling out security issues. THoughts??


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  10. #6
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    Quote Originally Posted by rhornsby View Post
    You assume there is any option but a trial. But if there is no plea offer anymore, is there really any other option?
    Can't the defense approach the SA and request a meeting to discuss their client's pleading out?


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  12. #7
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    Quote Originally Posted by RR0004 View Post
    Can't the defense approach the SA and request a meeting to discuss their client's pleading out?
    Yes. They can. But irregardless of that...does KC want to cop to the fact that no phantom nanny bopped her on the head in the park when Caylee was allegedly kidnapped from her..nevermind while KC was "searching for Caylee" she was buying beer and lingerie from Target? My main question in this thread would be...when the odds are so obviously stacked against your client...why finger Kronk as a SODDI?


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  14. #8
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    Mr. Hornsby,

    I am very confused about the first motion heard this morning concerning Dominic Casey. Can you explain in layman's terms the difference between a deposition and an investigative hearing?

    It is my understanding that Baez cannot attend an investigative hearing (if SA serves subpoena), but if Baez places DC on the defense witness list, he will be able to attend??

    I am not sure I understand how either scenario will play out?

    Thanks


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  16. #9
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    Quote Originally Posted by Kentjbkent View Post
    Mr. Hornsby,

    I am very confused about the first motion heard this morning concerning Dominic Casey. Can you explain in layman's terms the difference between a deposition and an investigative hearing?

    It is my understanding that Baez cannot attend an investigative hearing (if SA serves subpoena), but if Baez places DC on the defense witness list, he will be able to attend??

    I am not sure I understand how either scenario will play out?

    Thanks
    Actually, you have it 100% correct. Even while a criminal prosecution is pending, the State Attorney is free to continue to "investigate" the case just like the defense is.

    However, while a defendant cannot compel a "potential" witness to talk to them, the state can. So if the state knows of a "potential" witness, and that witness does not want to voluntarily cooperate, the state can issue an "investigative" subpoena.

    If the witness appears pursuant to the investigative subpoena, but knows nothing; the state is not required to list the person as a potential witness. However, if they end up knowing something, then they are required to list the person as a potential witness.

    At this point under Florida Rule of Criminal Procedure, the defense is then entitled to question the witness. If the person does not want to "voluntarily cooperate" with the defense, then the defense can subpoena the person for deposition. Because a deposition by definition is an interview by compulsion of court order (subpoena). However, the State has the right to attend the deposition - whereas the defense did not for the investigative subpoena.

    On the flip side, if a defendant lists a witness, the State can issue a deposition subpoena, but not an investigative subpoena. The logic being that if the state could subpoena witnesses listed by the defense without the defense present, the State could threaten or intimidate the witness into changing their story - thus the right for the defense to be present.

    So if Baez wanted to guaranty his right to be present, he would only need to list DC as a potential witness.
    Last edited by rhornsby; 12-11-2009 at 11:00 PM.
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  17. #10
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    Quote Originally Posted by RR0004 View Post
    Can't the defense approach the SA and request a meeting to discuss their client's pleading out?
    It takes two to tango...
    My blog: Florida Law and the Criminal Justice System
    My site: Law Office of Richard Hornsby, Criminal Defense Lawyer
    “The only real lawyers are trial lawyers, and trial lawyers try cases to juries.” - Clarence Darrow


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  19. #11
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    Quote Originally Posted by sleutherontheside View Post
    Today, Andrea L asked the court to approve the destruction / taping over of jail video taken during her clients visitations. I can only anticipate that LKB, JB, and AL, will argue for bench notes from FBI labs, experts etc...They will then argue against any evidence or testimony that can not be "backed up" with said bench notes. We know this is coming because LKB has already requested the Procedures and Policies and made specific mention of bench notes. Is it possible that Andrea's request for destruction of public records could hurt any argument the defense has relating to bench notes, as she seems to have advocated for records destruction that would benefit her client? Seems you can't have it both ways. Additionally, she didn't ask for destruction of tapes only after the SA, LE, and defense team had evaluated them. She only mentioned the jail personnel ruling out security issues. THoughts??
    Apples and Oranges. That is really what it boils down to. So my answer is no, lab tests go directly to the credibility of the testing procedures. Videos of Casey Anthony constitutionally protected attorney meetings do not.
    My blog: Florida Law and the Criminal Justice System
    My site: Law Office of Richard Hornsby, Criminal Defense Lawyer
    “The only real lawyers are trial lawyers, and trial lawyers try cases to juries.” - Clarence Darrow


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  21. #12
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    Quote Originally Posted by Coldpizza View Post
    IMO it was a tissue, but still, is that allowed?
    Technically, there is no law that prohibits such conduct. Don't forget, she was in a courtroom not a jail when handed the item. So as long as she is not given illegal contraband, no laws are being broken - security policies maybe, but no laws.
    My blog: Florida Law and the Criminal Justice System
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    “The only real lawyers are trial lawyers, and trial lawyers try cases to juries.” - Clarence Darrow


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  23. #13
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    Quote Originally Posted by Phumi View Post
    Some observers said that Mrs. Anthony passed a note to KC in court today (through Baez, I think.) Is that allowed?
    Bump.
    My blog: Florida Law and the Criminal Justice System
    My site: Law Office of Richard Hornsby, Criminal Defense Lawyer
    “The only real lawyers are trial lawyers, and trial lawyers try cases to juries.” - Clarence Darrow


  24. #14
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    Quote Originally Posted by Blaise View Post
    Did you attend today's hearing?

    Blaise
    Nope, but I was interviewed by WESH afterward, and apparently part of my interview will be used on NBC prime time tomorrow! Hope I didn't have a bad hair day...
    My blog: Florida Law and the Criminal Justice System
    My site: Law Office of Richard Hornsby, Criminal Defense Lawyer
    “The only real lawyers are trial lawyers, and trial lawyers try cases to juries.” - Clarence Darrow



  25. #15
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    Did you have time to view any of the clips from today's hearing as of yet and if so, would love to hear your comments regarding them. Thanks.


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