State Asking Judge To Approve Gag Order - 4 Motions to be Heard Mon Nov 10

[MiraclesHappen]

I have to read the motions but it doesn't sound to me like the prosecution is attempting to impede the flow of info to the public.

It sounds more like it is what it is. A quest for a gag order and not a censorship order.


The focus seems to be on key players from BOTH sides of the case with the idea being that in all fairness----everyone needs to stop with the press conferences, media releases, pleas to the public, etc.

If the prosecutors wanted to stop the flow of information which falls under "Freedom of Info" I think they'd go about it in a different way.

The criminal rules allow for the sealing of evidence that would normally be available to the public if there would be a compromise of safety, someone would be in danger, it would impede an ongoing investigation, and on and on.....

I really think the motions would be done with language:
Now comes "The Good Guys" and pursuant to Florida Rules of Criminal Procedure" as well as Statutes.....requests this Honorable Court issue a protective order......

I think as a gag order, it's a better late than never situation, though.


But to stop the release of information, they'd most likely need to bring a protective order or an order for sealing info, as opposed to a gag order! Or the topic needs to be addressed orally during the motions session.

jmho From what I gathered from the thread. Have yet to read the motions and also need more :coffee:.....:so could be very wrong as I'm just thinking aloud:crazy:

Just wanted to share my thoughts.

 

[Gaia713]

Maybe, but if she's in jail for contempt of court, she won't be able to get to a camera. Seriously, anything that puts a muzzle on.

Jusfwa rwns ro grant a lot of slack to "victims" And with all the prejudicial treatment given to the Anthonys so far, I am sure it will continue in the courtroom. moo

 

[Nosey Parker]

Hi there, Miracles. Enjoy your coffee :coffeecup: and looking forward to your precis.

 

[Gaia713]

LOL She would get a dry erase board to carry around with her and probably flashcards, too! JB would just use his crackerjack PR firm sans Todd since he has been reassigned to another area of the case.

There aer ways to get around a gag order. Not rocket science. Didn't anyone notice how Wecht seemed to know exactly what was going on With Anna Nicole Smith wehn tehre was a gag order? He was handed the information and he went on the air with it. I guarantee you EVERY defense talking head on any TV show will be leaked info to put ont he air.

 

[SuziQ]

FWIW, LE has not leaked any information. Everything released has been done because the media used the Florida state version of the Freedom of Information Act. LE released info by an order of the court.

And IIRC, when Baez requested a gag order, the SA's office didn't object to it. The Orlando Sentinel did though.

 

[CHICANA]

WFTV just said that the State and prosecution are tired of the defense leaking things to the public. They showed a pic of Kobi who is on NG every night so I am guessing he is included and of course the Anthony's. TB (who i thought was canned) told WFTV that the leak of docs the other day was the work of a third party. What ever that means. :waitasec: I knew the PR firm would blame someone else and not themselves. I guess we will find out if the judge will put the gag order in place on Monday.

There have been way more leaks from LE.
I guess the jury pool can only be tainted against the defendant.
IMO I think it's wrong to place a gag order now that the state has released/leaked what they want.

 

[BonKai]

I think the request is simple. LE and the Prosecution don't want to release further evidence or information to the public especially since there is a chance Caylee could be found this weekend. They want to protect every piece of info from here on out in the case until trial.

I agree.

 

[What'sThatClue]

FWIW, LE has not leaked any information. Everything released has been done because the media used the Florida state version of the Freedom of Information Act. LE released info by an order of the court.

And IIRC, when Baez requested a gag order, the SA's office didn't object to it. The Orlando Sentinel did though.

That's right. Once something is filed with the Orange County Clerk, it becomes public record and thus subject to Florida's liberal Sunshine Laws. If they don't want information to be public record, they don't file it.

I think the gag order is more to shut up the A's, along with those various 'sources' from various agencies who are gabbing to the press or others. I sincerely hope if it's granted it shuts up CA, but then what would we talk about? lol

 

[MiraclesHappen]

That's right. Once something is filed with the Orange County Clerk, it becomes public record and thus subject to Florida's liberal Sunshine Laws. If they don't want information to be public record, they don't file it.

I think the gag order is more to shut up the A's, along with those various 'sources' from various agencies who are gabbing to the press or others. I sincerely hope if it's granted it shuts up CA, but then what would we talk about? lol

Again, I agree. This motion has to be done in Court, and the proponents are citing case law and rules for the Court's consideration because they have a burden to overcome. The Prosecution is basically asking the Judge to restrict the first amendment rights of a specified group of individuals.
They are not asking the Judge to usurp the laws which govern freedom to procure info. That's a whole other area not restricted to the first amendment.
Sooooo, it should not have the outcome, even if granted, of restricting our info. It will restrict what we hear about our info and from whom.
They will have a hard time expanding this motion to cover the liberal laws which have given us so much, so soon.

jmho and I still need :coffee: :wink:

 

[Chezhire]

Would this mean no more document dumps? Or just no more interviews, press conferences, statements to the media

It will not preclude doc dumps, as that is allowed under the Sunshine laws, ut it will restrain the media circus.

 

[MiraclesHappen]

No more nightly NG? No more WS? Now if I can only remember what my life was like before I became consumed by this case I can resume where I left off .... My husband will be ecstatic!

They won't silence NG. They may succeed in rearranging her guest list a bit, though.

So much for ecstatic husband. But is IS good news for the addicts. :hug:

 

[Chezhire]

Sounds good, but a gag order never stopped Lee and Jackie Peterson from going on 20/20. And it never stopped Garegos from learking what he wanted out to his "mouthpieces" and having them jump in front of the cameras at the trial.

you're right - it depends upon the judge issuing the ordes - some WILL enforce, and some are so lenient that their own orders aren't worth the paper they're written on.

 

[Chezhire]

If ANYTHING can shut Cindy up, I'm for it.

well, :waitasec: if Judge Strickland issues such an order, after watching him in the motions hearing, I tend to think he'll enforce his own orders...meaning Cindy would, if she violates the orders, be found in contempt of court and fined and/or ordered arrested (FL lawyers - what's the penalties for being held in contempt of court???)

:laugh: how amusing it would be if Cindy and Casey were in the prison at the same time...

 

[Chezhire]

:clap:

I don't see Judge Strickland having ANY problem punishing her for it either. [:laugh:] She created the one who sat across in his courtroom that he stated was a stranger with the truth.

 

[Chezhire]

It carries more weight coming from the Prosecution than JB.

...because it is the state's burden, therefore, they need to make sure they aren't having trouble getting their case together to prove the elements of the crime due to, er, a media circus/"find-the-witness" frenzy.

 

[Chezhire]

SNIPPED: " ...The state obviously has already released everything they want released if THEY are asking for a gag order. :crazy:

:waitasec: It really doesn't have anything to do with the document releases, as much as it does with the press conferences, verbal and writtenupdates/statements/etc. The documents being generated are subject to the Sunshine Laws and this won't affect application of that law, unless there's something about FL's specific rule of law or the jurisprudence interpreting it that I don't know - which could be the case...
FL barristers, can you chime in?

 

[LI_Mom]

It bugs me. It seems wrong that as soon as the State releases everything that points to her guilt they want everybody ordered to keep their mouth shuts.
I guess the jury pool can only be tainted against the defendant.
What about freedom of speech ?
Do they want to make sure nothing is released that might point to KC not being guilty.
I've never liked gag orders. It makes the government the only voice and muzzles the citizens.

At least a gag order applies to BOTH sides so it's fair.... when it's ordered by a judge, not requested by one side.

To ask for a gag order AFTER you're done making your case in public is pure strategy & pretty much makes a mockery of the idea of a "justice" system. No matter which side does the asking.

I've been very shocked at this Sunshine Law that permits Florida to feed official evidence to the media BEFORE a trial begins.

IMO, it puts a defendant at a big disadvantage. I still believe a defendant's right to a fair trial must supersede the public's curiosity and the media's desire to sell papers.

 

[MiraclesHappen]

It bugs me. It seems wrong that as soon as the State releases everything that points to her guilt they want everybody ordered to keep their mouth shuts.
I guess the jury pool can only be tainted against the defendant.
What about freedom of speech ?
Do they want to make sure nothing is released that might point to KC not being guilty.
I've never liked gag orders. It makes the government the only voice and muzzles the citizens.

It isn't blocking the release of evidence. It only changes who talks about it.

If there is a huge pile of evidence which points to Casey's innocence, it will still be released. I kind of don't see that in the stars though. jmho

 

[LI_Mom]

:waitasec: It really doesn't have anything to do with the document releases, as much as it does with the press conferences, verbal and writtenupdates/statements/etc. The documents being generated are subject to the Sunshine Laws and this won't affect application of that law, unless there's something about FL's specific rule of law or the jurisprudence interpreting it that I don't know - which could be the case...
FL barristers, can you chime in?

Yes, I know... I was just being funny. (Or not. lol)

In any event, I think everyone has already gotten their 'spin' out already..... much of the evidence & the excuses from the defense side.... we've heard plenty.

 

[MiraclesHappen]

At least a gag order applies to BOTH sides so it's fair.... when it's ordered by a judge, not requested by one side.

To ask for a gag order AFTER you're done making your case in public is pure strategy & pretty much makes a mockery of the idea of a "justice" system. No matter which side does the asking.

I've been very shocked at this Sunshine Law that permits Florida to feed official evidence to the media BEFORE a trial begins.

IMO, it puts a defendant at a big disadvantage. I still believe a defendant's right to a fair trial must supersede the public's curiosity and the media's desire to sell papers.

Perhaps the disadvantage is balanced by the advantage given to Baez which only exists in a few states. It is highly unusual to be able to depose the witnesses such as he is doing. Usually to be able to depose like that for a criminal trial, the witness has to fall into very limited exceptions --such as will be deceased by the time the trial rolls around...Most states do not allow for that kind of routine deposing in criminal trials.....jmho