Motion to Compel Reciprocal Discovery - What is the Defense Trying to Hide??

[The World According]

You all have hit on a very interesting point, these searchers went on their own, separate and apart from the knowledge or instruction of TES...so TES has not lied or misrepresented anything to the court. TES can no more be held responsible for what anyone did on their own time than they can be for Joy's videos and posters.

 

[tweety933]

Thanks, tweety933. I think you have a good grasp on what's going on.

I see, then later down the road Casey may still be able to claim she had "ineffectiveness of counsel", if proven, and now her team can make it seem so for a later appeal. Am I thinking in the right direction? Suppose it back fires though, and the "ineffective" is determined to be "willful abuse of the legal system by the counsel"?

What do you think Casey understands about the chances they are taking? Do you think she really is going to plea on the fraud charges? Will she feel like she won if she doesn't get the DP, and can appeal later? Just very curious to understand what is going on.

Her attorneys would be in deep doodoo, I would think, for a willful abuse of the legal system, I doubt they will let THAT happen.

I have no doubt that she will plead guilty to the judge (vs. going to trial, or pleading no contest) on the fraud charges and will NOT be adjudicated. Meaning, she will not be sentenced, as long as she abides by the conditions of the plea agreement. (Think...community service, fines, restitution, abstaining from alcohol, probation, etc.) Otherwise, if she breaks any of those conditions, she will be adjudicated at that point. She is a first time offender and that is why I don't think the judge will adjudicate her. He knows whats coming down the pike for her with the murder charge as well.

Shaefer said something to the affect that if she pleads guilty and is not adjudicated in the fraud case, she would have a better likelihood of taking the stand in the murder trial. I would love to see this happen!

I think Casey maintains her innocence with her attorneys, and is leaving them in the dark, other than to say......That's my story and I'm sticking to it. I don't think she is helping them defend herself, and they are just using her case (the murder trial) to make names for themselves.

I don't think she understands or cares what they do, as long as she doesn't have to listen to people saying stuff about her killing Caylee. I don't think she wants to sit through a trial, but I don't think she wants the death penalty either.

I think she really believes she can't get a fair trial based on the jury pool being so inundated with news coverage, so I think she will plead guilty in exchange for LWOP, and hope for an appeal on something the defense did that bungled her case. It is my understanding that the State does not have to accept her plea.

I hope they don't accept her plea in the murder case, and make her sit through the trial, and I hope she takes the stand to tell her "tale".

 

[nanny1]

What the letters to Judge Strickland are not considered evidence that KC is innocent.. I think that was what the defense was referring to.:dance:

Everyone does know that I was kidding about these letters being actual evidence that the defense can use,right ?
:waitasec:

 

[Curious Me]

Thank You for explaining, tweety933.

 

[BonKai]

Respectfully snipped:

Either that, or they don't plan on putting on any defense other than calling Casey Anthony to the stand to tell her "truth", about what happened to Caylee.

:floorlaugh:

 

[hroark2112]

Has anyone got a link to the defense's response to the prosecutions second request for reciprocal discovery???


TIA!!

 

[rbrnmw2]

they don't have a defense maybe? Ms KC probably won't even cooperate with them. IMHO

 

[magic-cat]

In order to use those letters in court at trial wouldn't the people who wrote them have to be there so the Pros can question them?

NO way an anonomous letter is making it into court as evidence. NO way.

 

[The World According]

I thought the judge had given the defense until February 1 to disclose the "evidence" that they had uncovered that KC is innocent. I haven't seen any of that disclosed yet!!

At the recent hearing it seemed Mrs. Drane-Burdick and Ms. Lyon were letting the judge know they were playing nicer and cooperating. I wonder if we really will see a new witness list from the defense filed on Monday or if the defense was placating the state.
Does anyone have a list of who the defense has actually deposed?

 

[PMLsmom]

Bump - Any news on whether or not the dream team has complied with the court order? Today is the day...:dance:

 

[logicalgirl]

I was wondering if what the Defense was trying to claim re the witness list, is that they are unable to compile their witness list because there was still missing evidence from the FBI and the Body Farm, and this is now their current excuse for not submitting their list to the court. Thoughts?

 

[The World According]

I was wondering if what the Defense was trying to claim re the witness list, is that they are unable to compile their witness list because there was still missing evidence from the FBI and the Body Farm, and this is now their current excuse for not submitting their list to the court. Thoughts?

Yes, I will not be surprised by delays. They are going to say that since they do not have any of the comprehensive access to what they need, including TES documents they need, more time. If you go to the twelve minute mark Baez admits they have had the photos to their experts for a lengthy amount of time. Whoever those experts are, at the very least they could be put on their witness list. Unless of course the defense does not find their findings to be helpful to the defense and perhaps needs to continue shopping for an expert who opines more favorably. For example we have not seen hide nor hair of Dr. Lee since he examined the car, went to lunch and never returned. Since he has stated publicly that he is on this case pro bono, his absence is not because he is owed money.One could draw inferences from that. In the very beginning of this video you see the beginnings of just that argument, after the judge gives them a deadline of 2-1-10.[ame]http://www.youtube.com/watch?v=Ae5J_ObjkTw[/ame] It was very interesting when Ms. Lyon stated in the fraud hearing that they may have to have the court declare Casey to be indigent.

 

[logicalgirl]

Yes, I agree The World According, but I also wonder if I missed something in the judge's instructions when he told them at the last hearing after the check fraud plea - to talk among themselves and come with ......because JS didn't add, and get your witness list in here by the 1st of Feb.

 

[100%Agave]

They can't comply. They don't have anything. Vague references to people that should have been investigated just won't cut it.

They haven't done depos, haven't gotten reports from their (if they still have any) experts, haven't had their experts actually look at the evidence.

Why do I get the feeling that there is not going to be a witness list handed to the court today? Maybe during the meeting between SA and defense mentioned during the last hearing they were offered a little more time.

I think that JB was trying to point out that they could not complete their witness list until they got all the discovery but I think that he is way off base with this. I believe that these lists can be updated to add and remove witnesses at least until time of trial.
And I don't think that JS is going to be happy if the defense doesn't hand over something so they look like they at least are making an effort

IMO

 

[logicalgirl]

They can't comply. They don't have anything. Vague references to people that should have been investigated just won't cut it.

They haven't done depos, haven't gotten reports from their (if they still have any) experts, haven't had their experts actually look at the evidence.

Why do I get the feeling that there is not going to be a witness list handed to the court today? Maybe during the meeting between SA and defense mentioned during the last hearing they were offered a little more time.

I think that JB was trying to point out that they could not complete their witness list until they got all the discovery but I think that he is way off base with this. I believe that these lists can be updated to add and remove witnesses at least until time of trial.
And I don't think that JS is going to be happy if the defense doesn't hand over something so they look like they at least are making an effort

IMO

Oh Absolutely! I want them to hand in their list as just a blank page with their signatures on the bottom.
Also, thinks the claim that JK needs to be interviewed was a delaying tactic re the witness list.:furious:

 

[marspiter]

Yeah to my knowledge the defense can alter the witness list. This is the defenses tactic though. It's stall, stall, stall mode for them. As has been mentioned they have not completed their depo's. The defense experts are non-existent at this time. In fact Dr. Lee stepped out for lunch and never appeared back to re-examine the car. If the defense was so sure of their case and of the evidence they have they would be pushing for this trial straight away. We would have seen the defense use Casey's speedy trial rights and they would be getting this thing on the ball.

However what we have seen from the defense is milking. JB and company to me are stalling for a couple of purposes. One of which is to keep themselves in the media for their own gain and not for the zealous defense of their client.

 

[Kat]

Her attorneys would be in deep doodoo, I would think, for a willful abuse of the legal system, I doubt they will let THAT happen.

I have no doubt that she will plead guilty to the judge (vs. going to trial, or pleading no contest) on the fraud charges and will NOT be adjudicated. Meaning, she will not be sentenced, as long as she abides by the conditions of the plea agreement. (Think...community service, fines, restitution, abstaining from alcohol, probation, etc.) Otherwise, if she breaks any of those conditions, she will be adjudicated at that point. She is a first time offender and that is why I don't think the judge will adjudicate her. He knows whats coming down the pike for her with the murder charge as well.

Shaefer said something to the affect that if she pleads guilty and is not adjudicated in the fraud case, she would have a better likelihood of taking the stand in the murder trial. I would love to see this happen!

I think Casey maintains her innocence with her attorneys, and is leaving them in the dark, other than to say......That's my story and I'm sticking to it. I don't think she is helping them defend herself, and they are just using her case (the murder trial) to make names for themselves.

I don't think she understands or cares what they do, as long as she doesn't have to listen to people saying stuff about her killing Caylee. I don't think she wants to sit through a trial, but I don't think she wants the death penalty either.

I think she really believes she can't get a fair trial based on the jury pool being so inundated with news coverage, so I think she will plead guilty in exchange for LWOP, and hope for an appeal on something the defense did that bungled her case. It is my understanding that the State does not have to accept her plea.

I hope they don't accept her plea in the murder case, and make her sit through the trial, and I hope she takes the stand to tell her "tale".

Her plea the other day took me by surprise. I didn't see it coming but others here did.

I think you are right on the money with this post.

Does anyone know offhand if the state can require an allocution from KC if she takes a plea?

I still really want to see her stand up and admit it.

 

[The World According]

I know two people they will not be putting on the witness list: Grandma and Uncle Rick [ame]http://www.youtube.com/watch?v=c_icWos23wM[/ame] [ame]http://www.youtube.com/watch?v=9Cs-2B4KcUA[/ame]

[ame]http://www.youtube.com/watch?v=2NqbDRfu80w[/ame]

 

[PMLsmom]

They can't comply. They don't have anything. Vague references to people that should have been investigated just won't cut it.

They haven't done depos, haven't gotten reports from their (if they still have any) experts, haven't had their experts actually look at the evidence.

I agree that they have nothing, absolutely nothing. But because of their stupid statements of "fact" in the courtroom, they still have to "show" the pros. the SODD "evidence."

 

[logicalgirl]

Her plea the other day took me by surprise. I didn't see it coming but others here did.

I think you are right on the money with this post.

Does anyone know offhand if the state can require an allocution from KC if she takes a plea?

I still really want to see her stand up and admit it.

I asked AZLawyer this question on our Lawyers thread and her answer was to the best of her knowledge re the laws for this state, she is not required to do that but may if she wants to. Other than that her lawyer can read her statement and she only needs to say "guilty".

That answer surprised me regarding a plea agreement, but who says I know anything at all about the law?:waitasec: