Case Against KC in Jeopardy?

[whisperOFwings]

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

O:blowkissps, it looks like I posted the same thing....ha ha ha, I owe you a coke.

 

[SuziQ]

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

This is a big pet peeve of mine. And I'm really tired of hearing it from Team Casey.

 

[abbra]

I've observed Judge Strickland has been doing his best to try to uphold the dignity of his office while making concessions for JB and his client. With all do respect I hope he is not replaced in this case at any time by a Lance Ito or a Larry Seidlin type. That would be a travesty!
As for JB being removed from the case, if he did tell Dominic Casey not to notify police if he found Caylees body then he, Jose Baez should be disbarred from practicing law in ALL states not just Florida.

 

[abbra]

I was just thinking if Baez is as intelligent as he thinks he is then he would want people to see Caseys reaction to finding Caylees remains to gain sympathy for the "grieving mother." It could work for him and his case or against him and Casey. He can say the tape was showing the human side of Casey Anthony and the love she has for her daughter.
Of course we all know Casey is a great actress so thats where the working or working against her comes into balance. It's a chance he decided not to take I guess.

 

[natsound]

I don't believe there is a video released yet of KC's reaction.

I am referring to the two audio tapes released of the attending officers and the video of KC after her indictment - which were not supposed to be released.

But honestly, what is in these things that we didn't already know, or at least assume????

I am trying to understand our legal system, and how something as trivial as this could jeopardize the case that appears to be otherwise so solid.

Wonder why those particular tapes are too sensitive. For goodness sakes, we've been privy to EVERYTHING in this case. And I don't think that's a good thing. It's great for us, don't get me wrong, but we've but the amount of evidence, witness interviews, etc. released in this case pre-trial has got to be unprecedented.

As far as something trivial jeopardizing the case, don't forget Andrea Yates won a new trial because an expert gave erroneous testimony about an episode of "Law & Order".

 

[Horace Finklestein]

From the article: "This is the kind of thing that gets people new trials," she told the station. "Everybody has a right to strict confidence of their conversation with their lawyer. Just because you're in jail doesn't mean you have any less of a right."

Except, we haven't had a first trial yet and why in god's name not, I'd really like to know. She was arrested in July of 08 and now we're talking october before there's a trial? I guess if one waits long enough, the murderer can go free on some nonsense technicality. Why not just slate it for 2010 and see how many more mistakes are made? Utterly disgusting.

 

[tweety933]

Ok, if I understand this correctly, Baez argued against a GAG order, but now is whining about things being released? Which is IT, BAEZ?

 

[Chezhire]

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.

Weeell, then, there we have it. Whether or not he gave more details, he's already said "extremely upset and devastated," so I doubt that the judge will see things JBaez's way on this issue. Betting that the SA can obtain stipulation from JBaez on this one, cause ya can't refuse to stipulate if you're already admitted to something...

 

[Themis]

Wonder why those particular tapes are too sensitive. For goodness sakes, we've been privy to EVERYTHING in this case. And I don't think that's a good thing. It's great for us, don't get me wrong, but we've but the amount of evidence, witness interviews, etc. released in this case pre-trial has got to be unprecedented.

As far as something trivial jeopardizing the case, don't forget Andrea Yates won a new trial because an expert gave erroneous testimony about an episode of "Law & Order".

That wasn't trivial. It was material since it went to an expert's testimony about the elements of the crime being tried and that show never aired so the defendant could not have seen it and copied it.

 

[Themis]

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.

ITA. Just one minor tipping point -- no balancing act. With public records act laws (sunshine laws) the item either fits the definition of an exception or it must be released. There's no discretion involved on the part of the public employee gathering the information and doing the releasing.

 

[Themis]

Weeell, then, there we have it. Whether or not he gave more details, he's already said "extremely upset and devastated," so I doubt that the judge will see things JBaez's way on this issue. Betting that the SA can obtain stipulation from JBaez on this one, cause ya can't refuse to stipulate if you're already admitted to something...

ITA. That's the second or fall-back position. First position is if JB wasn't there, there is no attorney-client privilege. Second position is if there was any attorney-client privilege (which we dispute) then it was waived when JB went before the cameras and gave a description.

 

[lisalei321]

Ya'll make my head spin (in a good way), So anything JB says, takes away from his being able to claim Attorney-Client privilege?

 

[Themis]

OK, I understand that this was accidentally leaked and should not have been out there for the public as of yet -

But are you telling me, honestly, that in this country, a guilty person can WALK simply because someone made a mistake?

That is BS!

http://www.foxnews.com/story/0,2933,513298,00.html

I am so tired of this case dragging on and exhausted by the new twists - what exactly does this evidence being released have to do with the fact that KC killed her 2 year old daughter?

Any legal gurus out there feel like explaining what thsi could mean for prosecution? Can she appeal if found guilty now?

It would be "BS" if she could "walk" because a video of her in jail without her attorney could be released "by accident" and defeat the State of Florida's case.
BTW, the term is "confidential" not "confidence." I enjoyed that little Freudian slip by the defense attorney. :bang:

The SA or Sheriff may not have ordered the release through official channels or inadvertently put it on a release list, but the release itself may not be legally wrong, much less fatal to the case.

Assuming just for a moment that it was legally wrong, then the remedy will not go immediately to allowing KC to walk. There are things like special voir dire questions to make sure the public jury pool is not improperly tainted. There are things like jury instructions to disregard any information not presented in court and admitted into evidence. There are things like evidence exclusion if something has been discovered by means of "fruit of the poisonous tree" (which Chezhire and other legal commenters on WS have already discussed.) So, first, it doesn't appear to be any error, much less a fatal error. IF it were an error, the court will be required to use the appropriate remedy least damaging to the People of the State of Florida and their case.

It can't have tainted her trial because her trial has not yet begun! Jeopardy only attaches in a jury trial when the jurors and alternates are sworn.

 

[Themis]

Ya'll make my head spin (in a good way), So anything JB says, takes away from his being able to claim Attorney-Client privilege?

Generally, yes. Most attorneys don't talk to reporters during a trial.

 

[Themis]

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:

Kinda proves that the media exists to sell news and advertising and not to help the public understand the public's business. :clap::furious:

 

[LCoastMom]

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.

For such a tiny word to hold so much power, IF things are being leaked. So far nothing has been proved to be leaked. What is the need to leak anything with the Sunshine Laws?

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.

OJ wasn't released on a technicality. OJ was found Not Guilty by a jury of his peers after a multitude of errors by the state and grandstanding by the dream team, things that should have been stopped but weren't.

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?

So basically what we have is another episode of Oops, Baez is in trouble, what shall we do to deflect from todays Baez Blooper...

 

[daisy.faithfull]

OJ wasn't released on a technicality. OJ was found Not Guilty by a jury of his peers after a multitude of errors by the state and grandstanding by the dream team, things that should have been stopped but weren't.

I wasn't sure if I wanted to bring that up, I'm so glad you did because you are absolutely correct, at least in my opinion. I don't think that the prosecutors were able to present to the jury, beyond a reasonable doubt, that OJ murdered Ron Goldman and Nichole Brown Simpson. Johnnie Cochran really was a great defense attorney as well.

So, based on that, is it possible that Casey could get off? I guess so, but I doubt it would have much to do with the any brilliance on JB's part... the prosecution would really have to flub it up.

 

[OneLostGrl]

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.

It's not "leaked"- It's released It's public information

 

[OneLostGrl]

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

haha, love it!

 

[OneLostGrl]

This is a big pet peeve of mine. And I'm really tired of hearing it from Team Casey.

OMG me too- it drives me crazy! Leaked..