ZFG Civil Case: Casey's Deposition #2

Just jumping on . . .

Prosecutor; seems like sociopathic behaviors . . I will say this to you today and tomorrow you will know is a lie . . . she didnt care . . . told LE she works at Universal walking the hall to her fantasy office and last second . . . somebody who doesnt operate as normal human beings. . . I wont lie because I cant sustain the lie. . . she will lie to buy time. . . .plan b . . . walking to the office is a classic example.

first thing on 911 call you hear ZFG and ZG - backdrop is critical . . . we have to try this case on summary judgement and with jury . . . they cant complain about inferences or belittle . . . I would not need inferences if she hadnt refused to talk. Why Fernandez? One thing we know . . . she is a shrewd liar . . . . favorite movie . . . Big judge Lurch looking guy says you arent who you say you are . . . Jerry Gallow. . . . I said Callow . . . .bought him time. KC is making up ZTN now that LE involved . . . she adds her "callow" on the foreground. I bought self some time . . . .what she was thinking - who knows but bought her time. I dont know who this lady is but i got my callow gallow in. In any event - she now has to have a Nanny. it would be a bizarre coincinidence - always tied to Sawgrass Apts. ZTN turns into ZFG and always associated with Sawgrass and vice versa.

CA kept saying 6/16 not 6/15 . . . ZG filled out the Sawgrass form on 6/17 . . . . the day after she goes missing. the only ZG in the world had anything to do with Sawgrass - LE calls ZG in Kissimmee - she is not the one . . . that should have been the end of all of this. KC says not ZFG from picture shown. . . . ZG started feeling good about it *kc says not her. Atty loooking for interviews in July 08 - good cop/bad cop . . . . sawgrass w ZFG last saw Caylee . . . . . 2 things -sawgrass and Zenaida . . . .crazy coincidence?

KC now knows there is a person named ZG - she is making it up - she knows there is a human being the only one with same name - real person. somebody if I continue to say she was involved is ultimately hurting her.

Does KC know i cant keep lie going forever? sure . . . doesnt matter to her. very next day . . . could be 2 days . . . CA & GA are @ jaiil . . . . she would not relinquish this . . . ZTN and sawgrass. . . . . 2 interviews with Det. melich happened both same day 6/16 one in the mornin and one in afternoon. Judge wants clarify which interviews . . . .

specificity and malice - although Atty doesnt need malice in this case - dont care . . . cause harm to true innocent bystanders . . . . she accused her own father of molesting her . . . .GA has his own probs but does anyone think he molested her? did anyone think for a second that if her dad was a molester - she wouldnt have turned on her own dad? i need my sawgrass story alive - ZG is my only hope.

focus on specific defamation - she says to LE - look at pic and said clear not ZTN but kc told her mother she was never shown a picture - i didnt clear her - i did not look @ lady down in kissimmee. reasonable jury will conclude a lie . . .

I'm sitting here listening to Mr. Greene go through this litany of differences between the Zanny that Casey described versus the plaintiff Zenaida. He is saying Zenaida Fernandez-Gonzalez, this or that, yada yada yada...according to Ms. Anthony, but the plaintiff doesn't fit this description. He goes on and on showing how this couldn't possibly be the Zanny that Casey was describing.

Well..hello Mr. Greene..no one would match the people Casey described, including Zanny or Zenaida or any of the others as they were all made up.

Good grief.

I do, though, think that is what muddies up these claims by Zenaida Gonzales.

IMO

specificity and malice - although Atty doesnt need malice in this case - dont care . . . cause harm to true innocent bystanders . . . . she accused her own father of molesting her . . . .GA has his own probs but does anyone think he molested her? did anyone think for a second that if her dad was a molester - she wouldnt have turned on her own dad? i need my sawgrass story alive - ZG is my only hope.

focus on specific defamation - she says to LE - look at pic and said clear not ZTN but kc told her mother she was never shown a picture - i didnt clear her - i did not look @ lady down in kissimmee. reasonable jury will conclude a lie . . .

NOTE - above might be repeat due to board stutter today (Android is to blame I am told - ha)

Greene - Def Atty - said kc undisputed facts . . . .2 issues . . . 2 statements to LE but actually 1 interview with a break . . . . KC said Z F-G always - very detailed description - age/race/height/where ZG worked . . . . start point in analyzing . . . .does she have the same name.

please state your name . . . ZG - not hyphenated, never had Fernandez ever, no one called you Zannie? NO!

same identifying characteristics: ZG nicknamed Betty - tattoo on wrist, hair drk brown, plaintiff - blond l ZTN not born in NY, never resided in Orange county, plaintiff has no family in Miami . listing details of roommates given by KC, ZG lived with 6 kids in Motel 6, not married, never worked as nanny or at Universal, never met kc, not Caylee babysitter ever, no mutual friends w/KC, never went to bars Fusion or others, never attended college dropped out high school, many visible tattoos at least 7 visible in bathing suit.

ZG is trying to assert identity of someone else for fame - like Cinderella step sisters - let me try on the shoes - shoe doesnt fit. (glove doesnt fit must acquit statement?)

summary judgement is available in FL - routinely granted in defamation cases - appellate courts instruct weed out defamation clients - clog courts so easy to prove. summary judgement should be liberally granted - ill will and clear and convincing evidence must be proven.

not what you read in Orlando Sentinal or on NG - issues of fact genuine - reasonable jury can find for the party competent evidence - not unsworn inadmisiable proof speculation, surmise, conjecture not allowed - such as Attys have said. we submitted 40 pages of facts - plaintiff has not disputed a single fact.

records of recreating for summary judgement kc did not accuse ZG of kidnapping her daughter - must show kc made false statement, and 2 must be about plaintiff, 3 made to 3rd party - 4th must have provable injury to plaintiff, reasonable understood this particular plaintiff - throw out we proved no such statement was made.

newspaper articles - not statement before court

July 16th 2008 interviews 2 part and July 25th video of kc and her mom. recorded by video audio and LE are transcribed. recorded evidence will be clear she did not say . . . court is obligated to look @ statement in totality and condition it was stated - reasonably understood it is this particular plaintiff. ZF-G is ZTN not ZG.

kc was shown photo of plaintiff and she said Not her . . . . kc cleared plaintiff of any involvement in wrongdoing - how could LE possibly in face of admission maintain the lie? completely exonerated plaintiff when she saw picture - whether kc lied on 6/16 or not - she said it wasnt ZG the plaintiff. LE believe from moment one they thought kc was lying and thought ZTN was fictional.

Aaaaaaaaaargh! Would somebody kindly open the bar? I'm gonna need it soon. Greene says they need facts from fca, but they are the ones that keep her from providing facts.

FLmom777 said:

Aaaaaaaaaargh! Would somebody kindly open the bar? I'm gonna need it soon. Greene says they need facts from fca, but they are the ones that keep her from providing facts.

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I keep hearing that Charlie Brown waaaa waaaaaaaaa waaaaaaaaaa! Good Lord this is maddening.

Makes you wonder how much time/money Greene is spending on this defense and to what end? The money sought is trivial compared to the costs/time and other lawsuits and penalties, like TES, OCSO, IRS, etc.

Why doesn't Greene concede and move on given KC was found NG of murder or does this open the flood gates?

So far, we've had Mr. Green introduce Cinderella and Humpty Dumpty into the hearing.

What's next?

cyberborg said:

Makes you wonder how much time/money Greene is spending on this defense and to what end? The money sought is trivial compared to the costs/time and other lawsuits and penalties, like TES, OCSO, IRS, etc.

Why doesn't Greene concede and move on given KC was found NG of murder or does this open the flood gates?

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As for Greene, I agree it must be costing a considerable amount for him to do this pro bono. I continue to shrug and shake my head at the number of people willing to put themselves out there for a child killer who was wrongly acquitted.

In session ended and local tv is not broadcasting it. I can't watch livestream. Is it still going on?

http://www.wftv.com/s/watchlive/?utm_source=dlvr.it&utm_medium=twitter

Still going, live coverage.

Talina said:

So far, we've had Mr. Green introduce Cinderella and Humpty Dumpty into the hearing.

What's next?

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Wow!!!...I am logged in...

CFNEWS 13 is still Tweeting from the courtroom
http://cfnews13.com/caseychat

Greene: Stop this farce, stop the charaid, stop the lies....um go talk to the defendant about that one

Wow, the DT is as long winded as ever! I can't believe he argued for an hour!!!! This hearing may take awhile...

krkrjx said:

As for Greene, I agree it must be costing a considerable amount for him to do this pro bono. I continue to shrug and shake my head at the number of people willing to put themselves out there for a child killer who was wrongly acquitted.

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Agreed -- I just cannot see him recouping his costs/time via extra business from promoting himself so ... he is gaining international infamy and notoriety ... is he going to cash in and write a book?

It seems these 'frivolous' lawsuits are going to be a part of CA's fictional novel on mustruth and half truths but where does Greene fit in ... in terms of payoff?

Greatttt. Greene gets to rebut. This is going to take FOREVER! CFnews13 said it could be forty five more minutes!!!! Sonofagun!

ZTN never existed . . . no way to show actual malice to some real person -that alone would prove summary judgement . . . now is the time to put up or shut up. bring on the proof

conversation between kc and ca - you can read or listen to it yourself . . . consider statement in its context words kc uttered during that 40 min convo that kc accused plaintiff of kidnap of Caylee. . . . .

2 min excerpt of the tape . . . contains statement kc made that is partially quoted by defense in motion. . . .

ZTN has curly hair but wears straight - 5'6" or 5'7" - brown eyes, no tattoos, anyone heard of her would have come forward by now. when they interviewd that girl in kissimmee they never showed me a picture of her . . . they are full of *****. . . . pull in a sketch artist . . . .same info i am giving you . . . .searched never by her full name. dont think she has a middle name . . . . fernandez-gonzales . . .

they are looking for her by wrong name . . . .always goes by both names. . . . didnt accuse plaintiff of kidnap her daughter - said it wasnt her . . . not a fairy tale - cant make things up . . .lewis carrol - humpty dumpty standard - court words mean what they said . . . .what actually say in context . . . not ZG. audience to who words were published . . . reasonable understood to mean . . . only words were to CA. Cindy said never understood kc words to describe the plaintiff . . . ca called the media and asked why are you putting up this picture - it is not her. kc didnt accuse ZG of anything . . . .reasonable inference to mean this person.

claims lost job, couldnt find job, when did people start identify you being ZTN? only after false name pleading after 5 months - allegedly suffer damage to reputation. backlash was result of what she did - she got what she asked for. went on tv and show world what she looked like . . . all in proof , filed false complaint went on tv show after tv show. not asking court to make a judgement on credibility on summary judgement . . . compare plaintiffs lies to proof and summary judgement - granted to defense.

plaintiff read complaint and signed off on it . . . leave it outstanding for 5 months while go on tv shows the lie . . . .kc used words ZG instead of ZFG . . . now she cant prove . .. put up or shut up . . . why make false allegations? is plaintiff ZTN? if not - throw out on summary judgement. people can read and make own judgement whether she lied. . . . today case about whether she can prove . . . . based on lies . . . even in its own name . . .judgement cannot condone case built on lies . . . weed out frivilious claims . . . stop the lies . . . kc did not do anything to this plaintiff significant harm this specific person.

not sufficient proof to attempt to support what I heard . . . not authenticated at all . . . civil case . . no evidence of republication by CA, nothing construed to indicate kc wanted to cause harm to the plaintiff

adverse inferences can be drawn from research 5th amendment . . .kc wont answer questions. . . . ZTN doesnt matter and characteristics dont matter - cannot use 5th for auto inclusion of judgement. invoke 5th must produce evidence to support allegations - a matter of law . . . .not allowed to remain silent.

cant use a motion to defeat summary judgement . . . . plaintiff cannot rely solely . . . . must be evidence on which to base evidence . . . gotta be something else. adverse findings only for summary judgement

competent proof supports . . . plaintiff cannot prove genuine issue that kc accused this particular plaintiff of kidnapping Caylee . . . .motion should be denied. TY

Mr Mitnick . . . kc continues to play the victim . . . never said she was sorry . . . lawyers grandstanding for her . . . she doesnt even show up when whole world is watching . . . .

if you can twist your stuff enough another human being has to deal with the storm and you walk away . . . let me get past my rhetoric and get down to the law . . .kcs of the world could do this to anyone and get off scot free..

1) all the people who asked ZG "are you the kidnapper/are you the one"? one of the things you could do is look at the person and see if others thought that they were the one. riley case . . . we did cite out state cases . . . when there is not alot of law . . . you can prove the plaintiff reasonably could be inferred . . . reasonable inferrence if you were negligent in saying this . . . a person can whether mistakenly or not . . . reasonably infer it is to be intended to be that person. need not prove the defendant aimed at them . . . dont have to point it at them . . . reasonable infer. i am going to say this horrendous thing . . . scatter fire and hit that specific person . .. scream horrible things. . . i know are terrible lies . . . . other people face consequences for lying but not me . . not kc . . . .

that law . . doesnt matter who you hit . . . only one ZG, only 1 ZG w/sawgrass, only 1 in kissimmee . . . all big hits! thank god kc dont write the law!

highlite couple points . . . first last name but a middle name was given . . . .another case dealt with a misidentification of someone . . . another case dealt with question was person name even mentioned . . . ordinary reader could understand it to refer to someone even though they had a different middle initial . . . not saying these are all exactly like this one . . . i hear the scribbling of the pen *to the judge . . . there are a number of them . . . all of which are factually distinguishable . . . it is not perfect . . . whether you reasonably going to hit a person with your wild shots. open to 2 inteepretations. . . .defamation goes to jury . . . restatement . . . defamatory communication is not to the person specifically but reasonably . . . evidence in record plaintiff called by media . . . she stepped forward . . . she went on with face block . . . people think it was her . . . it could be her . . . why cover herself? media was looking for her. we now know today that nobody kidnapped her . . .

that police report has ZG all over it . . . switching back and forth . . . no one would believe it . . . kidnapper was going to hurt if told anyone . . . right out of movies . . . .physical description is not all . . . sawgrass . . .

if i fire a gun indescriminately and i hit someone am i not liable? focus of the lie she told
. . . . . within the sphere our client got hooked . . . sawgrass was place kc picked for the lie . . . circle closed down . . . kc decided to keep ZG @ sawgrass lie going . . .why didnt she say yes mom they showed me picture but it is not her . . . . kc said that is a lie - they never showed a picture . . . . only 1 person in the world - i never cleared her . . . we went from big circle to small one . . . that targeted her in . . . . her Mom went out in pubic and told everyone . . . court of public opinion . . . . CA told everyone they never showed kc a picture of that person in kissimmee . . . . the day after caylee went missing . .kc at sawgrass . . . one day later . .our client is at sawgrass . . . reasonable inference . . . you had contact with that place . . . you went missing on that date . . only person had contact with sawgrass . . . .not because i knew her . . . it came off our clients information . . . .add into it the culmination behind closed doors she is telling LE no - but she is telling mom something else couple of days later . . . . we know it is a lie . . .why would she lie . . . .give kc one more gold star for her behavior . . . she was trying to exonerate our client . . . how come in that very same conversation why didnt she say mom they did show me a picture and that wasn
t her . . . she got it off that card . . . . my mom keeps to yappin to the media everytime i turn around. . . . . they say throw it out . . . horrible travesty that cindy told . . . .that lady says she is hurt . . .whole world studies height and tattoos ..


qualified priviledge part of their defense . . . i had someone do the research . . . i am going to call the LE to come out and investigate that he beats his wife every night . . . it isnt true . . . i can say anything i want i am home free . . . privilidge good faith way . . . i dont know but i am worried i heard crying and i think someone is hurt . . .

tab 25 must be made in good faith . . . . essential elements of qualified priviledge . . good faith . . . all a pack of lies . . . how could an intentional lie to throw off police from her be considered all in good faith . . . second interview they tell her you are not helping with telling all these lies . . .kc says i know . . . . you are interfering with our investigation . . now she has the gall to say . . . . that privilidge should be for me. . . good faith . . . . question about intent . . . we know she intended to lie . . . no question. at worst for us and best for them it is a jury question.

a couple other cases. . . Magre case . .. improper purpose . . . we got that if they abused the priviledge to take the jury out of the mix . . . must be made in good faith . . . sent it back to jury . . .

if not in good faith essential element if you misuse it - doesnt fly . . . unreasonable in belief it was true . . . that is evidence of express malice . . . reasonable basis to believe it . . . switching zirconias for real diamonds. . . . infer express malice from that . . . dont have someone half cocked . . . .

another one to lose priv. or goes to jury . . . conduct involved bad motive . . . express malice question. . . .we know bad motive to make up ZG story . . . targeted by name and sawgrass and comments made about lady in kissimee . . .you dont have ot say i am going to ruin your character or i am going to hurt you . . . reduce it to a mockery or farce . . . i would argue they have no priv. . . at least it is not situation for summary judgement . . . cant do runaround of express malice . . . you cant they are right . . . you can have both of them if you can overcome . . . more global inclusive facts . . . aggregious conduct . . . relevant . . . to different type of damages. . . .

whispering motion 90.5.10 should be . . . cant see what is in my eye and i wont tell you what was in my eye.

prob with analogy . . . . weird name . . . sawgrass. . . why did they do it . . . kc started firing shots . . . plaintiff name on the card . . . she gave details about her . . . not our client . . . she was making that stuff up - we know that . . . .look at the differences in height, tattoos, threw in fernandez name . . . all this play out in media . . . they just hear dwight took my ball . . .you said it wasnt him . . . announce to world they never showed me a pic of him . . . not fair analogy leaves out when circle closed on that . . . . different time and place when everything went down . . . those kinda details about ZG she made up . . . LE went to sawgrass where this person sent them.

they did some please pleas for this poor innocent kc . . . i am going to make a plea to you this law embraces everyone including her . . . i know she has 5th amend rights. . . . apply this law to her like anyone else. . . . someone else in these crazy circumstances . . . no basis whatsoever . . . . media calling her . . . mask her face. . . got the early it wasnt her then the smack of i never said it wasnt her . . . such an outrageous way she gets another free pass. . . technical arguements are not here . . . . i got a client who just needs a day in court

I call this brown nosing the judge

. . mr greene . . there is no ill will toward this plaintiff . . . .she told LE it is not her when shown the picture . . . she specifically said they were not looking for her full name . .. all the courts modified with the word reasonably understood . . . . speculation and giant leaps . . . where is evidence kc went to sawgrass and saw this card . . . . why did ZG file complaint under false name . . . inject herself into media and call herself ZTN? whispers into mike she never called self Zanny! they dont have enough for jury trial . . . kc statements not all over themselves . .cant just find kc said something that somehow led this plaintiff suffer some sort of harm . . . what must find is does evidence support claim . . . did kc say plaintiff ever kidnap Caylee. . . . reiterated to LE when she said not ZG not someone with thin skin with some superficial similarity . . . . if ZG had thin skin is not enough . . . must show evidence to show harm . . . i agree draw inferences . . . but it is reasonable inferences.

Mr. Midnick and i can go turkey hunting together and not go grandstanding . . . he is a fine lawyer . . . public wants a payback . . . people out there feel something wrong in the criminal case . . . get back at her for that with this civil case. judge has made right decision all along . . . not from misinformed or misguided or commentator who has an opinion . . . . decisions are made in right decisions not popular ones . . . equally applied law i know you will do it here . . . goddess of justice is blindfolded . . . for a reason . . .justice should have ear plugs too . . . we dont want any special treatment . . .equal standing access under the law . .. doesnt matter what kc did or didnt do it is this case only . . kc accuse ZG of kidnapping her child . . . never any doubt kc made those accusations . . . .illogical if shown photo and said did not do it. easy thing would be deny summary judgement and allow this go on an d on to a jury . . . kc gets equal justice . . . not continue this case on accusation or inuendo . . . time to put up or shut up . . .they didnt do it . . .close the gate on this case should have been closed long ago.

mr mitnick . . . arrest affidavidt has been filed by both . . . we did present the evidence. . . argue about ill will in those cases . . . each one of those cases was a policeman . . . alternative ways to prove bad faith, bad motive, those cases are there . . . comment we dont have affidavits saying she did it . . . dont have to say . . . dont have to prove . . beyond what the plaintiff has presented to the court. . . no evidence of kc going to sawgrass and looking at guest card . . . no evidence . . . one of the things we wanted to ask her real bad . . . the only person we can ask about it and they say we dont have a right to ask . . . not for payback . . .just simply civil justice . . . i can spin a yarn . . . i hope not . . .i hope i can speak the truth . . . s

judge will rule in next 60 days - adjourn

I logged in specifically to say thank you to Wenwe for all of that wonderful transcribing of the hearing. Dummy me set my recorder at home for this morning when In Session tweeted yesterday they would be covering beginning at 9:00 ET. I had forgotten about the new hearing time for this afternoon.

Thanks again, Wenwe.