Case Against KC in Jeopardy?

[amethyst221]

I agree with the posters above who are tired of the talking heads calling everything released under the Sunshine laws "leaks." There may have been some leaks, but all the disclosures of discovery materials are NOT that.

I just read the paragraph posted of the emergency motion for a protective order. It's pretty specific in its language and focuses on A/C interactions between the defendant and her attorney. It doesn't even seem to cover the witness statements that were accidentally released. It also doesn't seem to cover the tape of her reaction without her lawyer present, if this is all that JB has filed. I admit I need to go read the entire motion and see what else it out there. My impression was that he had not even filed any TIMELY motion.

Having said that, I imagine that the state didn't want to skirt close to the edge here, and if JB was challenging the tape of Casey A's reaction before JB got there, they would have waited for a ruling before releasing the interview transcripts about the same subject matter. Judges hate constant disputes and inability of the parties to agree on anything, especially right from the outset of a case. So the best thing to do is to try to be reliable, reasonable, compliant, and to establish some credibility with the court. The SA's have been pretty cautious and measured, but anyone can make a mistake. Responsibilities get delegated. You can miss things. If the court feels it has to do something, it could exclude the evidence. The case isn't going to rise and fall on this.

As to the report to the Bar, if that's true, then Judge S was just doing what is required. Someone else must have had the same reaction. The defense could try to recuse him, but they have to make some showing. It isn't automatic or all that easy.

 

[6angels]

IF they are leaking things that should not come out then IMO it has hurt the case and it should be thrown out. NOW NOW NOW I KNOW what your saying buttttttttt shes guilty. Well she also lives in the USA and unfortunally has rights just like everyone of us. does not make it right but it is what it is .
She should get a fair trial just like everyone else in this world. SORRY I KNOW shes horriable but she does need to get a fair trial.I hate even typing that. I am NOT a fan of her's I THINK SHE IS GUILTY. However I also do think they could be tanting a Jury. JMO
I have never ever seen a case like this. NEVER EVER . I honestly do think that to much is being released in order for her to get a fair trial. JMO They IMO need to shut the heck up and build a case against her.. Making it solid where nothing can stop getting guilty instead of letting everyone in the world know every detail.

 

[amethyst221]

It's too bad the defendant's attorney was so opposed to a gag order in this case, isn't it?

 

[Issi]

I've been saying for months that I'm terrified of a mistrial.

I think I speak for a lot of people when I say that folks want justice for Caylee... I mean, who wouldn't? The American legal system affords certain rights to all individuals, and no... it's not a perfect system. It's also very irritating that said system can be manipulated and screwed around with by less scrupulous people to the advantage of the defendant.

I think the media folk like to get hung up on the little details. Things like this jailhouse video and KC's reaction etc etc.. I think Baez likes to hang onto this stuff too, as if it really means anything.

JMO, but they, the prosecution already has all the evidence it needs to hang KC... This silly obsfugation (sp) with motion after motion filed by the defense only serves to delay and confuse... which, well... I suppose I can see why... but this should be an open and shut case. A done deal.

 

[lastchance]

It's too bad the defendant's attorney was so opposed to a gag order in this case, isn't it?

Absolutely!! I'll bet ol' JB is kicking himself repeatedly for that ace play.

 

[magic-cat]

IF they are leaking things that should not come out then IMO it has hurt the case and it should be thrown out. NOW NOW NOW I KNOW what your saying buttttttttt shes guilty. Well she also lives in the USA and unfortunally has rights just like everyone of us. does not make it right but it is what it is .
She should get a fair trial just like everyone else in this world. SORRY I KNOW shes horriable but she does need to get a fair trial.I hate even typing that. I am NOT a fan of her's I THINK SHE IS GUILTY. However I also do think they could be tanting a Jury. JMO
I have never ever seen a case like this. NEVER EVER . I honestly do think that to much is being released in order for her to get a fair trial. JMO They IMO need to shut the heck up and build a case against her.. Making it solid where nothing can stop getting guilty instead of letting everyone in the world know every detail.

The Florida Laws require that all the discovery info that is made available to the defense also be made available to the press. The state is not just randomly releasing info to be "unfair" to Casey. They are releasing what they have to JB and in turn the Sunshine Law is allowing the press to also obtain the same info. Casey is receiving MORE than fair treatment in all of this. If this had not grown into this monstrosity that it has nobody would even think twice about Casey's rights to fairness. She does have rights, but so does her murdered daughter, and just as nobody should violate Casey's rights, so too, someone should make sure that her daughter's rights, which were SEVERELY violated, and in all likelihood by her own mother, are also protected. It is a balancing act no doubt, but one that Casey does not deserve any extra assistance in than is afforded by our laws. She has gotten more than a fair deal considering what she has done.

 

[njustice]

Unfortunately, yes, they can walk on a mistake. Look at OJ. He got off. And unfortunately from the very beginning the Baez team it seems has been using the OJ-type angle on this case, because they know as well as anyone else that the only way she could possibly get off is on a mere technicality. Frustrating but true.

 

[Marina2]

It's too bad the defendant's attorney was so opposed to a gag order in this case, isn't it?

How can he rant and rave about leaks when the state asked for a gag order which he argued against? :bang:

 

[Chezhire]

JB's motion to supress the VIDEO tape of KC was the only issue before the court. His motion did not address testimony of jail personnel, etc.

And I am sick and tired of television THs who constantly refer to information released in compliance with the Florida Sunshine Laws as LEAKS. This is not leaking information by the prosecution, it is complying with discovery laws. Geeeez

ITA - and you know they only write the scripts that way/commentate that way b/c they KNOW that those word choices tend to get folks all excited and/or hot under the collar. :doh:

 

[Chezhire]

For reference, here is the March 11 emergency motion:
EMERGENCY MOTION FOR PROTECTIVE ORDER AND OTHER RELIEF
http://wdbo.com/news/caseyanthony/emerg_motion_protective_order.html

It seems to address *only* communications between KC and her attorney. The observations of the jail employees that took place before Baez met with KC may be exempt, and tapes of KC without any of her attorneys may be exempt. Just a non-lawyer's interpretation of the language within the motion.

I hope some of our fine WS legal professionals will be kind enough to review the motion and clarify for us. TIA!

WHEREFORE the Defendant, CASEY MARIE ANTHONY, prays that this Honorable Court enter a protective order prohibiting the State and its various law enforcement agencies, including but not limited to the Orange County Department of Corrections and/or the Orange County Sheriff’s Office and the office of the State Attorney, prohibiting the State and its various law enforcement agencies from: 1) Monitoring and/or disclosing any communications between Casey Anthony and her attorneys or attorney’s agents; 2) saving any video and/or audio taping the Defendant and Defendant’s counsel while meeting; 3) disclosing to anyone anything that occurred in the meetings or communications with counsel; 4) turning over all video or audio tapes or reports or other methods of memorializing meeting between the attorney and client that occurred on any other dates besides those already turned over for December 11,2008; 5) conducting a full testimonial hearing to determine who authorized that the communications, tapes be saved, reported on, or otherwise authorized all discussed herein; 6) order that any discovery which has as a part communications or images between Casey Anthony with the attorneys not be disclosed to the public; 7) order a testimonial hearing on the issue if it deems necessary; 8)any and all other relief that is within the power of this court.


ETA: surprisingly, I don't see any wording in what he's asking here that says he doesn't want the video of KC's reaction released. I admit, this made me giggle. :crazy:

I could stretch what I've underlined of the above portion of JBaez's motion, specifically the word DISCLOSING, to mean that I've asked the judge to prohibit the state/jail employees from talking about what they saw. Disclosure doesn't just mean physically turning things over/producing them/handing something to someone...

 

[Chezhire]

:boohoo:

It's too bad the defendant's attorney was so opposed to a gag order in this case, isn't it?

You're so singing my song here...

 

[Issi]

Absolutely!! I'll bet ol' JB is kicking himself repeatedly for that ace play.

Yep... and I wouldn't be surprised if he's not disbarred before all of this is over.

 

[magic-cat]

I could stretch what I've underlined of the above portion of JBaez's motion, specifically the word DISCLOSING, to mean that I've asked the judge to prohibit the state/jail employees from talking about what they saw. Disclosure doesn't just mean physically turning things over/producing them/handing something to someone...

Hi Chez! BUT the motion specifically states meetings WITH counsel and does not even address what may have been seen when counsel was NOT present...that makes a difference in the actual definition of what was said in the motion, yes?

 

[Seebra]

I could stretch what I've underlined of the above portion of JBaez's motion, specifically the word DISCLOSING, to mean that I've asked the judge to prohibit the state/jail employees from talking about what they saw. Disclosure doesn't just mean physically turning things over/producing them/handing something to someone...

But........what does an officer's opinion on her reaction to the discovery have to do with disclosing info on KC's communication with her attorney?

 

[Chezhire]

Hi Chez! BUT the motion specifically states meetings WITH counsel and does not even address what may have been seen when counsel was NOT present...that makes a difference in the actual definition of what was said in the motion, yes?

:wave: Hey MC - I am not saying he'll prevail on the merits. I was just saying that a persuasive attorney could make the case that he asked for the judge to issue orders precluding the release of what the jail personnel saw...

To the contrary, I recall hearing that JBaez himself went on television or made some sort of statement wherein he described her reaction, and I remember thinking :doh: what the heck!?!?! He's letting the cat out of the bag himself.
Anyone got a link for this I'm remembering??? Pretty please?
Point being he can't very well complain that the jail personnel are now talking about it/giving interviews when the defense counsel himself FIRST made some statement describing Casey's reaction.

 

[Chezhire]

But........what does an officer's opinion on her reaction to the discovery have to do with disclosing info on KC's communication with her attorney?

I'm saying that a persuasive attorney could make the case that the following underlined words meant that he'd asked to the judge to "... enter a protective order prohibiting the State and its various law enforcement agencies, including but not limited to the Orange County Department of Corrections and/or the Orange County Sheriff’s Office and the office of the State Attorney, prohibiting the State and its various law enforcement agencies from: 1) Monitoring and/or disclosing any communications between Casey Anthony and her attorney . . .", and that said words also included any verbal disclosures of what said enforcement agencies saw or witnessed while watching Casey and her counsel.

Previously, I didn't even think JBaez had asked to preclude jail personnel from disclosing what they saw via verbal descriptions - but maybe he can argue he did...In any event, IIRC, he's the one who let the cat out of the bag, anyway.

 

[Seebra]

Wow. OK, don't know whether to laugh or cry -

Now Brad C., Jose B. and Todd M. are all under investigation?????

And let's not forget dear Dominic C.

And poor Jesse and Ricardo - having the undecency to try and tell the truth about KC.

Does everyone that touches this family in some way get burned by this family in some way?

WTH is going on here?

 

[whisperOFwings]

The Florida Laws require that all the discovery info that is made available to the defense also be made available to the press. The state is not just randomly releasing info to be "unfair" to Casey. They are releasing what they have to JB and in turn the Sunshine Law is allowing the press to also obtain the same info. Casey is receiving MORE than fair treatment in all of this. If this had not grown into this monstrosity that it has nobody would even think twice about Casey's rights to fairness. She does have rights, but so does her murdered daughter, and just as nobody should violate Casey's rights, so too, someone should make sure that her daughter's rights, which were SEVERELY violated, and in all likelihood by her own mother, are also protected. It is a balancing act no doubt, but one that Casey does not deserve any extra assistance in than is afforded by our laws. She has gotten more than a fair deal considering what she has done.

bolded by me.
I know, right!!!! I wish the major news channels would just explain the sunshine law already, cuz if I hear about "LEAKS" one more time my brain is going to explode!!!!!:furious:

 

[ThoughtElf]

:wave: Hey MC - I am not saying he'll prevail on the merits. I was just saying that a persuasive attorney could make the case that he asked for the judge to issue orders precluding the release of what the jail personnel saw...

To the contrary, I recall hearing that JBaez himself went on television or made some sort of statement wherein he described her reaction, and I remember thinking :doh: what the heck!?!?! He's letting the cat out of the bag himself.
Anyone got a link for this I'm remembering??? Pretty please?
Point being he can't very well complain that the jail personnel are now talking about it/giving interviews when the defense counsel himself FIRST made some statement describing Casey's reaction.

I think it is in this one: http://www.wftv.com/video/18259469/index.html

Not the one I was thinking about, but he does say that it is true she needed a sedative and had a very bad reaction. Start listening at the 4:56 mark. This was the evening of Dec. 11th

I'll hunt down the other one I am thinking of when he was going back to the car in the rain - anyone else recall that one?

 

[Jolynna]

I'm saying that a persuasive attorney could make the case that the following underlined words meant that he'd asked to the judge to "... enter a protective order prohibiting the State and its various law enforcement agencies, including but not limited to the Orange County Department of Corrections and/or the Orange County Sheriff’s Office and the office of the State Attorney, prohibiting the State and its various law enforcement agencies from: 1) Monitoring and/or disclosing any communications between Casey Anthony and her attorney . . .", and that said words also included any verbal disclosures of what said enforcement agencies saw or witnessed while watching Casey and her counsel.

Previously, I didn't even think JBaez had asked to preclude jail personnel from disclosing what they saw via verbal descriptions - but maybe he can argue he did...In any event, IIRC, he's the one who let the cat out of the bag, anyway.

Yes, he did.

Paraphrasing but I think he said, "I'm not going reveal anything, but she was extremely upset and devastated."

I'm pretty sure he said he wasn't going to reveal anything before he revealed.