Morgan to Depose George, Cindy & Lee

[elementary]

Why do I have the feeling that if this judge had ordered the depos to go ahead he'd be praised as a hero - Judge of the Year - instead of being compared to Ito or the CryBaby Judge?

With due respect, I think that's simplistic black/white thinking.

If, as lin has speculated, that he had convincing reasons for making the decision that he did today, then more power to him. Still, it's a worry to me when a judge starts noticing and remarking upon the media and public opinion.

Here in Canada I was a juror in a felony assault case. Wow. It was totally no nonsense, grandstanding not even an issue. Just the facts, and the judge's direction to the jury with added POV on the case. The judge had complete control and respect in that court and ensured an atmosphere of appropriate gravity. His word really was law.

I'm spoiled. I hold all courtrooms and judges and lawyers to that standard. (And the robes were cool!)

 

[lin]

lin, question: Can the A's continue to appeal and appeal and appeal???

Not on the same issue or more precisely, the same set of facts. They can motion for rehearing before the same judge and if they get no satisfaction they can appeal to the 2nd district and if they don't agree and if they write an opinion explaining why they don't agree then they can try to get it before the FL Supreme Court. If the 2nd district doesn't agree but doesn't write an opinion but simply says "affirmed" then they basically have no where to go.

The thing is, for an appeal to do them any good, they would need a stay of the order under appeal. Noncompliance with an order will get an appeal dismissed. So they would probably want to do a cert petition but even that isn't immediate and the court limited them to 20 days. Seems like a long time to us but to the court, it's quick. The odds on them getting anything out of the 2nd district before the scheduled depo's, which KM cleverly asked the court if he could set for immediately after the next hearing, are very slim, imo.

 

[lin]

Why do I have the feeling that if this judge had ordered the depos to go ahead he'd be praised as a hero - Judge of the Year - instead of being compared to Ito or the CryBaby Judge?

Sometimes it takes a little time for those of us not on the bench to assimilate and understand the wisdom of the courts.

 

[lin]

I agree with that, but the point I was trying for is that a well known and respected lawyer who is local to the area was completely unaware of events in his own back yard that were at least tangentially related to his case.

If he didn't know that the A's were riding the national media circus wagon, then it shouldn't be too hard to find twelve people out of a jury pool the size of Orlando's who know less about the case than they do about third order differentials.

I should have guessed that I got it wrong! Sorry I misunderstood. No broken clock for me today.

 

[lin]

I think it's safe to assume by the time of the criminal trial (if no attempt to plea is made prior to) any misconceptions still lingering (? ) about a nanny will be completely dismissed. The grounds for the civil trial will have further dwindled.

I respectfully disagree. The court must decide if this woman was damaged. The case is not about current or future damage but was she damaged in the past? Which isn't to say that she may not be currently or damaged in the future but that's not what this case is about right now. It's about what KC said in July of 2008 that started this ball rolling and the numerous media appearances where her family kept it going until ZFG filed suit.

 

[elfie]

I respectfully disagree. The court must decide if this woman was damaged. The case is not about current or future damage but was she damaged in the past? Which isn't to say that she may not be currently or damaged in the future but that's not what this case is about right now. It's about what KC said in July of 2008 that started this ball rolling and the numerous media appearances where her family kept it going until ZFG filed suit.

I was actually kidding awhile ago when I mentioned that I thought a class action ZFG suit might have had legs. We know that Casey did not identify this ZFG from the photos.

 

[lin]

jennyb, I take that back -- they may even try to move this to federal court; some sort of rights violation. Not saying they'd win, cos I don't think they would but wouldn't put it past them to try.

 

[lin]

I was actually kidding awhile ago when I mentioned that I thought a class action ZFG suit might have had legs. We know that Casey did not identify this ZFG from the photos.

We know that KC did not identify the photo of this ZFG or any of the others LE showed her. On the other hand, KM/JM alleged in their complaint that she used this woman's name, described her vehicle and gave the names of two of her children. Pretty coincidental.

ETA: But yes, all the ZFG's out there in the Orlando area with similar car, NY plates and same names of two children could consider class action.

 

[lin]

PS: These ZFG's should also be able to show a connection to Sawgrass, as did this one and and is alleged by KC.

 

[okiedokietoo]

I'm sick of the whole thing. Most everyone associated with KC and the A's have been trashed. For instance:
TM trashed by CA
(snipped)Tim Miller misrepresented his intentions, and is falsely accusing me of not cooperating with him, when it is evident his motives were to obtain publicity for his organization at the expense of exploiting my granddaughter's disappearance.
http://www.wesh.com/news/17388359/detail.html

JG and AH
(snipped)
"He was the very first person I thought of," Cindy Anthony said. "(He) had a motive, could intimidate Casey enough to keep her mouth shut and (he) would threaten us because he's that type of person. He was in my home every day, and I got to know him. And I got to see his anger and rage because he took it out on me one day."
http://www.clickorlando.com/news/17564421/detail.html

EXCEPT
TB aka GC and DC

I am tired of all of it and them. I truly believe in Karma and not doing a simple little depo and finally clearing this ZG's name is disgusting. I understand the Judge's position and reason for postponing this but it would have been done and over if the A's weren't afraid of saying something to hurt little KC's MURDER case by pulling out the psychiatric care card. Their attorney could have gotten together with JM and Judge and agreed on some way to do a depo in private. But they are not just fighting the non private depo, they are claiming that they cannot give a depo because of psychiatric/psychological care - IMO in other words they are just fighting giving any depo, private or not. From the beginning it has appeared to me that the A's and KC really truly believe they are above the law.

 

[fortytwo]

Mitnik is on NG right now.

 

[fortytwo]

Well, he was. By phone at least. I'll have to play back The DVR later.

 

[amethyst221]

This isn't really a parallel case to the criminal one, like a civil wrongful death case would be. Some states do have provisions that require the criminal case to conclude before the civil one proceeds. Given the higher standard of proof in a criminal case, a conviction can sometimes be used as conclusive proof in the civil case. This ZG case is just tangentially related, but in a very significant, different way. There could be tons of civil suits against a criminal defendant, like for child support, foreclosure, to collect unpaid credit cards, and they wouldn't all automatically be stayed.

The truth here is that the defense doesn't want anyone to discuss or clarify the Zanny the Nanny issue, in case they still pursue it. Any clarity or process of elimination of who it is or isn't just exposes how bogus and incredible it all is. BC doesn't want the A's under oath in this civil case, being pinned down and subject to charges of perjury if they don't tell the truth. He hasn't gotten immunity for them yet. The A's don't want their options to help Casey foreclosed before the trial, like the ability to go on tv and discuss the evil Zanny, etc.

I was surprised the judge didn't dismiss the counterclaim and stay everything else the first time, even though I sympathize with the plaintiff. I thought he was just delaying dealing with the problems. Now here we go. All that said, if you are the lawyer in the mix who behaves with decorum and comes before the court prepared, legally and factually, and doesn't promise to create a media spectacle, you're more likely to get what your client needs. I'm old-fashioned on these issues, I guess.

 

[fortytwo]

Mitnik is back on the phone again with NG

 

[mysteriew]

That burns me. Depo delayed because GA and CA are too grief stricken??? I mean come on, it has been 2 months since Caylee has been found. In most cases employees who have had a death in the family usually have to go back to work within a week or two. And it isn't like this depo has come out of the blue. They have been aware that they would be required to testify for several weeks now so they had time to prepare themselves. GA appeared well enough to insert himself into another missing child's case. But they aren't well enough to give a deposition!

 

[jennyb]

jennyb, I take that back -- they may even try to move this to federal court; some sort of rights violation. Not saying they'd win, cos I don't think they would but wouldn't put it past them to try.

Thank you, Lin!

 

[DianeB]

<snip>The truth here is that the defense doesn't want anyone to discuss or clarify the Zanny the Nanny issue, in case they still pursue it. Any clarity or process of elimination of who it is or isn't just exposes how bogus and incredible it all is. BC doesn't want the A's under oath in this civil case, being pinned down and subject to charges of perjury if they don't tell the truth. He hasn't gotten immunity for them yet. The A's don't want their options to help Casey foreclosed before the trial, like the ability to go on tv and discuss the evil Zanny, etc.

Exactly. Unless the defense does an about-face, it has to stick with the nanny theory. It’s the only one Casey consistently presented to LE, and her lawyer won’t put her on the stand to be cross-examined about her lies.

Through the use of some pointed questions, Morgan’s effort to clear the name of ZFG will make it apparent that not only was she not the nanny being accused, in fact there was no nanny at all. One defense, down the tubes.

Cindy and George are truly between a rock and a hard place, courtesy of their charming daughter.

 

[Spangle]

To me it seems logical that a criminal case should always come before a civil case. Not that I see it happening here, but for arguments sake, what IF it should come out during the criminal trial that there actually is another ZFG and she did kidnap Caylee? In the meantime, ZFG has, potentially, been awarded damages when, in fact, Casey was only telling the truth.

Yeah, I know, but let's pretend.

And what if they find out during the civil case that Casey seen her app at Sawgrass and decided to frame her for the dirty deed. Pretty much making a pre med case for the criminal case.

Pretending is fun.

But the point is that ZFG get's her day in court in a timely manor. Caseys criminal case, can go on for years. Casey can be found guilty several times, THEN another ZFG shows up. How many innocent folks have gotten off of death row years after the fact?? So how long is ZFG suppose to take?

This isn't the first such situation.

Even Paula Jones was able to hog tie a setting President. Wanta get your panties in a knot, read her answers when his lawyers are questioning her. IT was embarrassing to read. The questions asked, where like "Duh!" very expected ones. She wasn't prepared, and was surprised at the questions. Her lawyers did not prepare her at all for those questions. All she was prepared to talk about was motive. Not prepared to talk about her actual claims she was suing him for. She should have sued her lawyers for not doing their job.

Point, everyone gets their day in court.

 

[Blaise]

Two questions:
- Could the A's take the 5th at a civil deposition?
- If ZFG wins, could they take $$$ from KC's commissary account to pay the judgement? I know in some jurisdictions they can.

Blaise

 

[MAMABEAR]

I'm feeling the love! ( ( ( group hug ) ) )

And MamaBear, I really enjoyed your color commentary on the doings in court today. Most excellent and thanks.

Well, you welcome. I am really confused at this point. I have been over in the NG thread and will have to go review as to what we are talking about here. I get lost so easy.
:blushing: