Access to Casey's Car - Defense Strategy?

dreamerlin · #1 10-22-2008, 06:19 PM

CASEY'S ATTORNEY TO START QUESTIONING WITNESSES

Casey Anthony's defense attorney is going to start questioning his first prosecution witnesses in the case next Thursday. Among those taking the stand is an employee at the Amscot on Goldenrod and Highway 50 where Casey abandoned her car in late June, employees from Johnson's Wrecker Service, the company that towed the car from the Amscot, and Casey's ex-boyfriend Tony Lazzaro.

What do they all have in common? They all had access to Casey's car.

http://www.wftv.com/news/17781526/detail.html

floridamom · #2 10-22-2008, 06:22 PM

I was just going to start a thread on this but you beat me to it!

So is this going to be the defense JB is working on? Is he admitting that there was a dead body in the car but Casey didn't do it? I saw this one coming back when Cindy made the statement "maybe the tow people put a body in the car". (not quite her words but something along those lines.)

carole · #3 10-22-2008, 06:25 PM

He's going for "reasonable doubt". Someone else killed Calyee and put her in her mom's trunk. Don't think so.

Pink Panther · #4 10-22-2008, 06:26 PM

How does this work? How do they "question" witnesses? Do witnesses have to answer or can they refuse? Can someone please explain.

dreamerlin · #5 10-22-2008, 06:27 PM

Quote:

Originally Posted by floridamom

I was just going to start a thread on this but you beat me to it!

So is this going to be the defense JB is working on? Is he admitting that there was a dead body in the car but Casey didn't do it? I saw this one coming back when Cindy made the statement "maybe the tow people put a body in the car". (not quite her words but something along those lines.)

Sounds like the new lawyer is getting on the ball. It's about the only defensive argument that takes into account the forensic evidence from the car because IMO I don't think they have a chance of disputing it scientifically.

dreamerlin · #6 10-22-2008, 06:29 PM

Quote:

Originally Posted by Pink Panther

How does this work? How do they "question" witnesses? Do witnesses have to answer or can they refuse? Can someone please explain.

You can be called in to give a deposition. You can have your lawyer present if you want. You are usually sworn in beforehand. I believe you can be supeanaed.

floridamom · #7 10-22-2008, 06:30 PM

Quote:

Originally Posted by dreamerlin

Sounds like the new lawyer is getting on the ball. It's about the only defensive argument that takes into account the forensic evidence from the car because IMO I don't think they have a chance of disputing it scientifically.

Yes, I believe you are right on that. This should get interesting.

Pink Panther · #8 10-22-2008, 06:31 PM

Dreamerlin - All this BEFORE trial???

dreamerlin · #9 10-22-2008, 06:34 PM

Quote:

Originally Posted by Pink Panther

Dreamerlin - All this BEFORE trial???

Absolutely! They have to know what the witnesses are going to say in order to build their case. I believe they're just doing what Strickland advised them to do.

impatientredhead · #10 10-22-2008, 06:35 PM

Quote:

Originally Posted by Pink Panther

How does this work? How do they "question" witnesses? Do witnesses have to answer or can they refuse? Can someone please explain.

They will be called for a deposition. Their attorney can and should be present. It is Baez chance to ask questions of the witnesses that have already been questioned by the other side. You are required to answer the questions, if you don't they can go in front of a judge, if that judge feels that you don't have a reasonable justification for not answering he can order you to, if you still refuse they can charge you with contempt.

This of course does not apply to 5th amendment issues or privileged information.

TURBOTHINK · #11 10-22-2008, 06:42 PM

Quote:

Originally Posted by impatientredhead

They will be called for a deposition. Their attorney can and should be present. It is Baez chance to ask questions of the witnesses that have already been questioned by the other side. You are required to answer the questions, if you don't they can go in front of a judge, if that judge feels that you don't have a reasonable justification for not answering he can order you to, if you still refuse they can charge you with contempt.

This of course does not apply to 5th amendment issues or privileged information.

In this state the DA's office attorney can represent a prosecution witness in depositions.

MD MOMMY · #12 10-22-2008, 06:44 PM

But wait the A's had a key to that car, they aren't on this list? OH of course they aren't.

impatientredhead · #13 10-22-2008, 06:47 PM

Quote:

Originally Posted by TURBOTHINK

In this state the DA's office attorney can represent a prosecution witness in depositions.

I am sure they will be present! I think I read that TL has an attorney, not sure about the rest.

Sisterhood · #14 10-22-2008, 06:47 PM

Quote:

Originally Posted by carole

He's going for "reasonable doubt". Someone else killed Calyee and put her in her mom's trunk. Don't think so.

I agree--- but I do have to say , as much as I believe (most times) Caylee is no longer with us--

I still, to this day--wonder somewhere in the back of my brain " what if? "

...and while I had one of those moments the other nite-It dawned on me..."That is what reasonable doubt" IS.....

so ---I agree--there is certainly some method to all the maddness....JMHO!

dreamerlin · #15 10-22-2008, 06:48 PM

Quote:

Originally Posted by TURBOTHINK

In this state the DA's office attorney can represent a prosecution witness in depositions.

Makes sense. You would want someone intimately familiar with the case in order to keep the line of questioning on track.

Chilly Willy · #16 10-22-2008, 06:56 PM

Quote:

Originally Posted by Sisterhood

I agree--- but I do have to say , as much as I believe (most times) Caylee is no longer with us--

I still, to this day--wonder somewhere in the back of my brain " what if? "

...and while I had one of those moments the other nite-It dawned on me..."That is what reasonable doubt" IS.....

so ---I agree--there is certainly some method to all the maddness....JMHO!

I don't agree. A "what if" is not reasonable doubt. There has to be some evidence or discrepancy in the testimony to support that doubt. It is not reasonable to think that someone stored a dead body, totally unrelated to this case, in the trunk of a car belonging to the mother of a missing child during the time that the car was in the tow yard. There is, as far as we know, no DNA evidence showing that another body was in the trunk.

IF there was testimony showing that one of the workers at the tow yard killed someone and that the body was missing for a certain period of time while Casey's car was in the lot, that might constitute reasonable doubt.

CarolinaMoon · #17 10-22-2008, 07:01 PM

I have a question for a legal eagle aboard here. Thursday is Casey's arraignment. It mentions in the article that witnesses will be taking the stand.

Could they be questioned at the arraignment vs. through deposition?

TIA

impatientredhead · #18 10-22-2008, 07:10 PM

Quote:

Originally Posted by CarolinaMoon

I have a question for a legal eagle aboard here. Thursday is Casey's arraignment. It mentions in the article that witnesses will be taking the stand.

Could they be questioned at the arraignment vs. through deposition?

I think the wording of "take the stand" was poorly chosen. During a deposition you are under the rules of the court even though you are not in the courtroom in front of a judge. Your deposition is an official statement and subject to the rules of the court just as your testimony during the trial would/will be.

TIA

Arraignment
--------------------------------------------------------------------------------
After the arrest, booking, and initial bail phases of the criminal process, the first stage of courtroom-based proceedings takes place -- arraignment. During a typical arraignment, a person charged with a crime is called before a criminal court judge, who:

Reads the criminal charge(s) against the person (now called the "defendant");

Asks the defendant if he or she has an attorney, or needs the assistance of a court-appointed attorney;

Asks the defendant how he or she answers, or "pleads to", the criminal charges -- "guilty," "not guilty," or "no contest";

Decides whether to alter the bail amount or to release the defendant on his or her own recognizance (Note: These matters are usually revisited even if addressed in prior proceedings); and

Announces dates of future proceedings in the case, such as the preliminary hearing, pre-trial motions, and trial.

Also at the preliminary hearing, the prosecutor will give the defendant and his or her attorney copies of police reports and any other documents relevant to the case. For example, in a DUI/DWI or drug possession case, the prosecutor may provide the defense with lab reports of any blood or chemical tests that were performed, and may be used in the case.

The Right to Counsel

If a criminal defendant faces the possibility of jail time if convicted for the crime(s) charged, the defendant has a constitutional right to the assistance of an attorney, or "counsel." If the defendant wishes to be represented by an attorney but cannot afford to hire one, a government-appointed attorney will be assigned at no cost to the defendant. Usually employed as "public defenders", these government-appointed defense attorneys are responsible for zealously protecting a criminal defendant's rights at all stages of the criminal process. To learn more about the right to counsel, go here.

Chilly Willy · #19 10-22-2008, 07:12 PM

Quote:

Originally Posted by CarolinaMoon

I have a question for a legal eagle aboard here. Thursday is Casey's arraignment. It mentions in the article that witnesses will be taking the stand.

Could they be questioned at the arraignment vs. through deposition?

TIA

I've never heard of witnesses testifying at an arraignment.

Feistyoldbroad · #20 10-22-2008, 07:14 PM

"My client suffers from some severe psychological issues"

shelbar53 · #21 10-22-2008, 07:18 PM

can the witnesses answer baez one way and then at trial give a different answer? I have seen that happen on law and order but usually they give the district attorney a diffent answer then what they told them before.

shelbar53 · #22 10-22-2008, 07:23 PM

Oh and another thing, they should ask why cindy called 911 and reported the car stolen when she actually had it...they picked it up from the tow yard. Maybe that was the "first" plan, to plant a seed that someone stole the car, hence it was towed and there was a terrible stink in the car. Then they found out from casey that she knew about the smell and was last seen with the car at amscot.

dreamerlin · #23 10-22-2008, 07:26 PM

Quote:

Originally Posted by Chilly Willy

I don't agree. A "what if" is not reasonable doubt. There has to be some evidence or discrepancy in the testimony to support that doubt. It is not reasonable to think that someone stored a dead body, totally unrelated to this case, in the trunk of a car belonging to the mother of a missing child during the time that the car was in the tow yard. There is, as far as we know, no DNA evidence showing that another body was in the trunk.

IF there was testimony showing that one of the workers at the tow yard killed someone and that the body was missing for a certain period of time while Casey's car was in the lot, that might constitute reasonable doubt.

Just playing devil's advocate here, what proves that Casey was THE ONE that put Caylee's dead body in the trunk? Is it just her behavior that makes her guilty? Is behavior enough to convict?

newuser · #24 10-22-2008, 07:27 PM

Man, I would be MAD if I had to hire an attorney to go to a deposition. Surely the DA's office will provide counsel for the prosecution witnesses. I can see a lot of holes coming into this case with so many young people as witnesses if they have to all hire private counsel. They might say one thing in deposition and another in open court and subject themselves to perjury or contempt charges. grrrrrrr this just infuriates me!! How can a girl sit there and watch her friends and family suffer through this?

There is clearly one person to blame for this.......and as the detective said "this needs to stop".

Chilly Willy · #25 10-22-2008, 07:43 PM

Quote:

Originally Posted by dreamerlin

Just playing devil's advocate here, what proves that Casey was THE ONE that put Caylee's dead body in the trunk? Is it just her behavior that makes her guilty? Is behavior enough to convict?

Just my thoughts, not based on any legal knowledge whatsoever --

The prosecution doesn't have to PROVE beyond a shadow of a doubt that Casey put Caylee's body in the trunk, they merely have to present evidence that would lead a reasonable person to believe she is the one who did it.

Some of that evidence (I'm sure there's more):

Casey left the Anthony home with Caylee on the afternoon of June 16th. When she arrived at Tony's apartment a few hours later, Caylee was not with her and was never seen again. There is no evidence that Casey's car was in the possession of any other person during that time or that Casey left Caylee with another person.

Casey would not allow George to look in the trunk of the car for the wheel chucks.

If someone else put the body in the car, who removed it?

Casey's conflicting stories about the cause of the odor in the car show that she had knowledge of the body being in the trunk.