Lyons' talk of 'Mitigation'

[Pink Panther]

The secrets will come out...Without question and I have no doubt that there are many. This family is up-the-wazoo with dysfunctional secrets and resulting dysfunctional behaviors.

MOO

 

[LeLe1953]

Mitigation? So there were extenuating circumstances that made Casey kill Caylee?
Enter Cindy....

"Dear people of the jury, I ask you to not only find my client not guilty but to chip in for hair, make up, wardrobe for her media photo op. I also ask you appoint someone to bake her a cake & someone else to plan her release party at Fusion. Ladies & gentleman, did my client kill her daughter, YES, but this is a young woman who wanted to party, screw what ever was wearing pants...and sometimes skirts, drink, do dope & had nothing but a mean set of parents who got sick of babysitting her kid & supporting her wicked life style. What was Ms. Anthony to do? With no family supports in place, she had no choice but to kill her daughter, toss her out with her lovers trash so she could be the pretty, free young thing she was meant to be."

 

[reeseeva]

But, remember.. KC lies like a cheap rug:

1) KC was never so totally afraid of CA that she didn't defy, countermand, and scream back at CA.

2) KC"s "bitterness" at CA's assumption of the mother role to Caylee did not prevent her from dumping Caylee on CA, at every opportunity.

3) Per both the immediate and extended family (including RP) GA was kicked out for losing money in a Nigerian scan, NOT for having an affair.

4) KC told one guy that LA had tried to touch her, once, in middle school. That could be her efforts to look "that hot" to a guy. I'm suspicious, because if it REALLY happened, I think she'd make more hay out of it. She liked to be seen as a victim of her family.

In short-- I suspect the family dysfunction is the result of two dominant females with personality disorders, plus two weak males. Also, GA being a poor provider, and a squanderer of family assets is going to add tension.

:clap::clap: This is Brilliant Brini....Thank You

 

[ThinkTank]

Originally Posted by ThinkTank View Post
http://www.wisspd.org/html/training/...2006/DDEFE.pdf

“Defending the Life-or-Death Case” by Andrea Lyon
pg 45
“Mitigation – reasons to punish with imprisonment rather than death – is any evidence that might tend to explain the client’s actions, family history, mental health issues, physical health matters, or the impact the client’s execution would have on his or her loved ones. The rules of evidence are relaxed at a penalty phase ......
......locating and presenting mitigating evidence – much of which is a matter of shame to the client and his family.”

Thank you for bringing that quote here, it bears repeating.

In her very first court appearance, Lyons announced in front of the courthouse that he did not oppose Casey visiting with her family.

What is abundantly clear is that this family has its secrets and dirty laundry they don't want anyone to know. It was clearly stated in one of the jail visits early on in the case. Casey assured her mother that she didn't speak openly with the psychologist and didn't "tell them anything".

It's obvious that this is what the desire for private meetings is all about. Lyon needs all the "dirt" and family secrets in her ammunition pack if she hopes to overcome the death penalty.

In a sense, Lyon is asking George, Cindy, and Lee to meet with Casey to get the information. Then, should the case come to the DP phase, she can promptly throw them all under the proverbial bus to save Casey's life.

Will George, Cindy, and Lee be willing to do that?

Certainly not in public as it were.

Unfortunately for the defense, the jail cannot make special rules for the special young woman!

Is THAT what Lyon is trying to accomplish by insisting on the family jail visits??!!
Does Lyon "know" this family AT ALL??????
There is NO way protector CMA/Lee will ever allow anyone in this family to spill any dirty family secrets. There is NO way Cindy will ever admit to KC or anyone else that she "may" have made some mistakes in how she dealt with KC and Caylee and the whole family dynamic.
George is too afraid of Cindy to ever let anything negative about their family slip out (intentionally).
I cannot envision KC sitting in jail and telling her parents and brother that she HAS to spill the family dirt to save herself from the death penalty ...... can you???? And I cannot envision any of the A's cooperating with that plan of action.

 

[LeLe1953]

JB said their defense would blow us away and if they are intending to air out some dirty family secret to keep KC alive then I'm not surprised....what I don't understand is how on earth they could be granted a private meeting with KC with no survellience. Given their history of obstruction (IMHO) they would simply use this opportunity to discuss defense strategy and strengthen their "stories" er, testimony............any meeting in mitigation should be held AFTER there is a guilty verdict, otherwise its a moot point.

I pray a judge does not grant this motion. They already feel so freaking special. If he grants this, I hope he is prepared for the next motion which will be to allow them to bring in steak, lobster, fine wine for their visits with her, batteries & "a little friend" to help ease all her stress! Geez

 

[milliac]

Adding the motion to this thread for reference:

http://www.wftv.com/pdf/20972696/detail.html

Thank you. If anyone is intersted, here are the links as shown on Exhibit A.

http://www.myfoxorlando.com/dpp/news/040609casey_anthony_arrest_interview_part_two

http://www.myfoxorlando.com/dpp/news/Video_of_Casey_Anthonys_jail_visits_released

http://www.wesh.com/news/17017382/detail.html

http://citizenkim.wordpress.com/200...casey-type-clues-awkward-giggles-and-much-bs/

http://www.foxnews.com/story/0,2933,522517,00.html

http://www.foxnews.com/story/0,2933,402105,00.html

 

[LeLe1953]

:dance: You are right on the mark! There is an inherent admission by the agent of a party opponent here: KC did do it, but there are mitigating circumstances that would show the DP is not warranted. According to the motion, KC can't tell AL those mitigating circumstances because KC is not emotionally connected with AL (if she is a sociopath that could explain the lack of a normal attorney-client emotional connection). [Sounds to me that KC is trying to negotiate a benefit to herself before she will tell AL any further "stories - ala - KC."] Could be a basis for pushing for a plea deal. It also screams that KC is really bouncing off the walls in jail with the isolation.

The Court is going to have trouble with this one. It is clear the tapes and records can be originally made in the interests of jail security. Once made, they become part of the public record. The motion requests destruction of the public's record. Most governmental agencies have a statutory requirement to keep records for a certain period of time and then create a local policy of records destruction guidelines based on those statutes. So, AL may not know this, but they are probably asking the Court to order the governmental agency to destroy public records ahead of the statutory schedule.

I can see a policy where you destroy the tapes but not if they are relevent to a trial. What if someone admitted to a family member on one of those tapes they did the crime? Surely that tape would not be destroyed but would be held for trial, wouldn't it? If she is going buggy due to isolation, put her butt in general and let her talk.

 

[milliac]

Interesting they didn't use any links from WFTV. I'm still reviewing and considering looking at the jailhouse videos....again. From the website on Fox Orlanda, I cannot see ANY videos of the jailhouse visits. Am I missing something?

 

[Theonly1]

The emphasis on "mitigation" really caught my attention too! That is usually considered in the penalty phase of a trial, not in the guilt/innocence phase.

This is obviously Lyon's strategy - getting the family involved. This is straight from Lyon's instruction manual “Defending the Life-or-Death Case”. excerpt: 'Family members’ involvement can be key for the following reasons'. http://www.wisspd.org/html/training/ProgMaterials/Conf2006/DDEFE.pdf

I am just not quite connecting the dots on why Lyon is pressing for unmonitored, unrecorded family jail visits? Lyon can get whatever family history from KC (KC's distorted self-serving version of course), separate from getting the family history from Cindy (her distorted June Cleaver version of Anthony family life) and from George (telling whatever Cindy tells him to say). Why does there have to be "forced" (IMO KC wants nothing to do with her family) jail visits? Lyon can accomplish her goal without forcing KC to sit through visits with her parents and brother, against her will.

My impression is that Lyon is trying to steer the ship in the ways that she believes will work to get KC out of the death penalty, but she will most likely meet with MUCH resistance from this dysfunctional family.

How nice for the State's attorneys that Lyon comes with an instruction manual! One kind of knows what she is going to say chapter and verse.

During the closing argument, after the State's case is made, the prosecutor can also say, "The Defense will tell you [insert quote from Andrea Lyon's book] but [insert counter opinion from Lyon's book in regards to Casey]. Once the State does this it takes the wind out of the defense's sails big time. I recall State's attorney once leaving a bible up on the podium after the state's argument saying, "I'm leaving the bible up here for Defense attorney Mr. X because he loves to quote from it." How stupid then would it be for Mr. X to stand up and do his beloved bible quoting?

 

[Brini]

Originally Posted by ThinkTank View Post
http://www.wisspd.org/html/training/...2006/DDEFE.pdf

“Defending the Life-or-Death Case” by Andrea Lyon
pg 45
“Mitigation – reasons to punish with imprisonment rather than death – is any evidence that might tend to explain the client’s actions, family history, mental health issues, physical health matters, or the impact the client’s execution would have on his or her loved ones. The rules of evidence are relaxed at a penalty phase ......
......locating and presenting mitigating evidence – much of which is a matter of shame to the client and his family.”



Is THAT what Lyon is trying to accomplish by insisting on the family jail visits??!!
Does Lyon "know" this family AT ALL??????
There is NO way protector CMA/Lee will ever allow anyone in this family to spill any dirty family secrets. There is NO way Cindy will ever admit to KC or anyone else that she "may" have made some mistakes in how she dealt with KC and Caylee and the whole family dynamic.
George is too afraid of Cindy to ever let anything negative about their family slip out (intentionally).
I cannot envision KC sitting in jail and telling her parents and brother that she HAS to spill the family dirt to save herself from the death penalty ...... can you???? And I cannot envision any of the A's cooperating with that plan of action.

Also, KC lies and obfuscates as a means of controlling her family.

If she was the CEO of Toyota, she'd lie and say she was the President of Honda.

It's a game, to keep them from knowing what she's thinking, who she's seeing, and what she's doing. She keeps 'em confused.

She also gaslights (changes history to confuse). Like the time she said to CA, "You remember when I told you I gave ZG a key to the house?"

But, then, CA also gaslights. Axis IIs do that.

 

[Theonly1]

Thank you for bringing that quote here, it bears repeating.

In her very first court appearance, Lyons announced in front of the courthouse that he did not oppose Casey visiting with her family.

What is abundantly clear is that this family has its secrets and dirty laundry they don't want anyone to know. It was clearly stated in one of the jail visits early on in the case. Casey assured her mother that she didn't speak openly with the psychologist and didn't "tell them anything".

It's obvious that this is what the desire for private meetings is all about. Lyon needs all the "dirt" and family secrets in her ammunition pack if she hopes to overcome the death penalty.

In a sense, Lyon is asking George, Cindy, and Lee to meet with Casey to get the information. Then, should the case come to the DP phase, she can promptly throw them all under the proverbial bus to save Casey's life.

Will George, Cindy, and Lee be willing to do that?

Certainly not in public as it were.

Unfortunately for the defense, the jail cannot make special rules for the special young woman!

Yes, and if the family skeletons are going to be brought to light during a family visit and the stories synchronized then perhaps Lyon, Baez, & Co. wouldn't like anyone else to hear what the family and Casey are saying. You know, anyone like the state's attorneys...

 

[LiveLaughLuv]

You guys are all right on, I can't say it any better than you all...we each know the A's or someone like them and their dynamics and dysfunctions and the dirty little secrets. I laughed off my chair when ThinkTank asked, does Lyon know this family at all???? LMAO :woohoo:

Why doesn't the defense team just ask for a friggin gag order? :waitasec: In the very beginning the state asks for it Baez fought against it..

KC doesn't get special treatment, so she will continue to be videotaped, she will continue to be shackeled with chains around her waist because it's the jails protocol. KC doesn't get to change protocol...

ASK FOR A GAG ORDER and be done with this getting out via the Sunshine Law...:banghead:

 

[Reagan]

Interesting they didn't use any links from WFTV. I'm still reviewing and considering looking at the jailhouse videos....again. From the website on Fox Orlanda, I cannot see ANY videos of the jailhouse visits. Am I missing something?

Not sure about myfoxorlando, but I always watch the jailhouse videos on wftv. Gosh, I've practically got the A's drivel memorized from watching 'em so much.

As for the original topic.. I think these requests are ridiculous. Ms Lyons did warn us that she had a slew of motions up her sleeve, at least.

Because of the heightened stress of a death penalty case, it is cruel and unusual to effectively deny miss anthony the comfort of her family

Heightened stress? Well then don't murder children. What's cruel and unusual duct taping a 3 year old's mouth and nasal cavities. Uh, and the only person denying miss anthony of her family is HER.

These motions will be denied, thankfully. As much as the A's get catered to and accommodated by certain powers and principalities in FL, I'm glad that the jail hasn't and will not give the A's any special treatment.

If they want to see their daughter, then go see her. If you can't speak to her because you've all got something to hide then too-freaking-bad. Boo-hoo.... Nobody cares :behindbar

 

[okiedokietoo]

Gee can't Ms AL meet with the Anthony's at JB's office or the Ritz? Defense is just filing anything to either get the case dismissed and/or taint the jury pool etc. And another thing that bothers me is how they keep filing motions about information being released to the public when everyone on the Defense Team knows darn well that they are in Florida and that in Florida there is a Law called the Sunshine Law.

 

[HRCODEPINK]

You guys are all right on, I can't say it any better than you all...we each know the A's or someone like them and their dynamics and dysfunctions and the dirty little secrets. I laughed off my chair when ThinkTank asked, does Lyon know this family at all???? LMAO :woohoo:

Why doesn't the defense team just ask for a friggin gag order? :waitasec: In the very beginning the state asks for it Baez fought against it..

KC doesn't get special treatment, so she will continue to be videotaped, she will continue to be shackeled with chains around her waist because it's the jails protocol. KC doesn't get to change protocol...

ASK FOR A GAG ORDER and be done with this getting out via the Sunshine Law...:banghead:

Little late for that after the fight against the gag order...not to mention that if they had lost the gag order fight, the case would have stopped getting the attention it did, kinda like the Cantu case...and then where would she have gotten the money for this dream team with the news stations paying less if anything at all for the photos and videos.

I say they brought this circus to town and it was exactly what they wanted. Now they get to follow through with it. Can't have it both ways.

Eta that the bold was mine!

 

[LadyL]

I have a really sick feeling in the pit of my stomach, beyond what I've had all along. I just realized there's much more that the public doesn't know about & quite frankly, it's freaking me out a bit. I'm just horrified for that little girl being born into this family hell. What else were they doing to her for her entire (short) life?!

 

[Nore]

:

The secrets will come out...Without question and I have no doubt that there are many. This family is up-the-wazoo with dysfunctional secrets and resulting dysfunctional behaviors.

MOO

-------------
I agree.I also think when it is all talked over,all he77 will break loose. :furious: They do not want this happening on tape,Kc's temper tantrums etc..The whole family is liable to explode.:banghead:

 

[TotallyObsessed]

My take on one of the reasons for this motion is that AL is perhaps preparing for an "accidental" theory.....and KC wants to confront her mom and tell her how she was sooo scared of CA's reaction that she freaked and went off into lala land....I think they don't want that on tape. I'm not saying how the "accident" happened....such as KC couldn't handle having Caylee 24/7 when she left out of that house in a huff on the 15th with Caylee crying and KC putting duct tape over her mouth to shut her up....she didn't MEAN to kill Caylee, just shut her up.....
that's my armchair opinion anyways............

 

[sleutherontheside]

Gee can't Ms AL meet with the Anthony's at JB's office or the Ritz? Defense is just filing anything to either get the case dismissed and/or taint the jury pool etc. And another thing that bothers me is how they keep filing motions about information being released to the public when everyone on the Defense Team knows darn well that they are in Florida and that in Florida there is a Law called the Sunshine Law.

A bit OT BUT
Does anyone else see the irony in the term "Sunshine Law" and the fact that Caylee sang "Please don't take my sunshine away."??? It just hit me.

Back OT
I recognize that AL's job is to get the DP off the table and IMO she feels no obligation, nor has she been contracted to do more than is necessary to facilitate the removal of the DP. So, in light of her contracted services we can and should assume she will leave no stone unturned. It's her job. She is not trying to prove KC's innocence, she is trying to keep her from the DP.

However, given the Defense's previous opposition to a gag order, does anyone else see the GIANT, HUGE, GARGANTUAN, ENORMOUS, et al failure of JB to work in her best interests? Thank GOD, Judge Strickland has required her to be present for all hearings, AND thank GOD that there are so many high profile attorney's on her "team". I don't see that she could ever argue ineffective counsel, but can absense of logic or common sense in JB's representation ever get him disbarred? I can not fathom how someone like JB can be allowed to practice law, and his repeated submission of motions full of errors and ommisssions should at the very least get someone's attention.

 

[HRCODEPINK]

A bit OT BUT
Does anyone else see the irony in the term "Sunshine Law" and the fact that Caylee sang "Please don't take my sunshine away."??? It just hit me.

Back OT
I recognize that AL's job is to get the DP off the table and IMO she feels no obligation, nor has she been contracted to do more than is necessary to facilitate the removal of the DP. So, in light of her contracted services we can and should assume she will leave no stone unturned. It's her job. She is not trying to prove KC's innocence, she is trying to keep her from the DP.

However, given the Defense's previous opposition to a gag order, does anyone else see the GIANT, HUGE, GARGANTUAN, ENORMOUS, et al failure of JB to work in her best interests? Thank GOD, Judge Strickland has required her to be present for all hearings, AND thank GOD that there are so many high profile attorney's on her "team". I don't see that she could ever argue ineffective counsel, but can absense of logic or common sense in JB's representation ever get him disbarred? I can not fathom how someone like JB can be allowed to practice law, and his repeated submission of motions full of errors and ommisssions should at the very least get someone's attention.

BBM

Exactly! I have a friend who is a Mitigation Specialist and I have worked with her on a couple of other cases and this is EXACTLY what AL's job is. She is not there to prove guilt or innocence. She is there to show that her life has already been so horrible (not hard to prove, I would imagine), that KC was not taught the right things to do in the right situations, that there is no finding of future dangerousness and that to give this poor poor girl the death penalty :sick:. My friend is my hero. She is the most noble person that I know in the world and I believe that she is truly an angel. But if she were to call me up tonight and say "I have been asked to fly down to Florida and work the KC case, would you come with me and help interview and investigate I would have to decline. In fact, I have been a practitioner of nonviolence my whole life and could not imagine hurting anyone ever. In this case I would not only have to decline for all of the obvious reasons, but also because that dp might be carried out by me before it was over with.

ETA I truly believe that I hate KC even more than I despise M. Huckabee. That's saying something!