When Baez paid the bank back wasn't that tantamount to pleading guilty?

[milliac]

Wow! That was an amazing and eye opening post. As I was reading it, I was also thinking this sounds like it could be the states closing argument.

 

[The World According]

My first reaction to reading the title of this thread was that Jose Baez's payment to Bank of America was inadmissible against Casey Anthony because it was nothing more than an offer to compromise "BAC Case Number 080718-130639," which is a civil matter. Thus the settlement evidence would be inadmissible under section 90.408, Florida Statutes. (Compromises and Offers to Compromise).

However, the caselaw is not supporting my initial thoughts. See Johnson v. State, 625 So. 2d 1297 (Fla. 1st DCA 1993). See also State v. Walters, 719 So. 2d 1027 (Fla. 3d DCA 1998). Both of which hold:



Now both of the cited cases (and only ones I could find) involved the defendant personally (not through an attorney) making direct offers to pay restitution in a criminal case, but trying to invoke the protection of 90.408, which only applies to civil cases.

So with that said, I think Baez could argue that his payment only applied to the civil case involving Bank of America's claim under "BAC Case Number 080718-130639."

And even if the judge rejected that thinly veiled technicality (which I would argue as well). I still think the judge would exclude evidence of the payment because Baez paid it personally with no indication his client initiated the payment - thus the adverse inference could not be attributed to her.

And my final opinion would be that Judge Strickland would not allow evidence of the payment in for the last two reasons, with the latter being the stronger of the two.

Very interesting legal issue.

Thank you very much for helping us with all of our legal questions!!!!

 

[The World According]

Casey has never ever done anything in good faith,

not since she stole checks from Lee,
participated in every senior activity including graduation photos, and waited till the bitter end to explain why she was not actual going to graduate,
stole money from Lee, agreed to buy the car from Lee, paid ONE or TWO, count it....one, or two payments to him then stopped paying and never kept her promise,
stole money from George
lied for SEVEN months about not being pregnant, resulting in no prenatal care for the baby, denied who the real father could be, to this day her folks don't know for sure, Caylee had other grandparents somewhere out there and they were denied knowing her too, or even mourning her at her memorial for the love of GOD!!!
Let us think about her history of veracity......
since she tried to trap Jesse in to thinking he was the father of her baby,
being engaged to their son, taking advantage of the Grund family who babysat her child, while she was on facebook/myspace posting about her sexual relationship or flirtations with JESSE's classmates in the police academy, since she had her friend babysit everyday while she pretended to go to work but actually went out clubbing,
I believe she lied to Jesse about her story of Lee trying to have sex with her, (MY OPINION ONLY)
to when she stole so many thousands and thousand of dollars and maxed out Cindy's credit so bad she had to cash in her 401K, and they nearly had their home foreclosed on when Casey lied and falsified a bank deposit slip that showed she deposited 4K in to her parents account to pay mom back
to when she faked a robbery from Sports Authority where she faked employment,
to when she would waltz into Cindy's work at Gentiva, with her Universal tag around her neck, ( did I mention her explanation for not having her own, she told mom it was a game they played, trading name badges and passes, she and her imaginary friends, FROM THREE YEARS AGO when she did work there) , on her way to her fake job while she dropped off little Caylee,
to the many nights she stayed at Ricardos with the baby, in the same bed sometimes, and told mom and pop that she and Caylee were at the Nannys
Good faith means :Honesty; a sincere intention to deal fairly with others. She is the most dishonest person, evil , pathological in her lies.
Let's think back
to when she stole money from a check gram had written for a birthday present,
to when she stole money from her grandfather's nursing home account where I trust his funds are quite limited and NEEDED,
to where she was romancing three other guys while telling Tony she was his girlfriend,

oh..this is my personal favorite.....she strung poor Amy along and let her think she was moving in with Casey, to the extreme that she even had her change her address, while Amy is working two jobs, really struggling, yet ever the friend at the ready loans Casey money for gas cans, a tow truck and even loans her her car,only to return to have mom Cindy telling her, "You'll never get that money back, it is gone forever!" Later that night, Cindy finds in Casey's purse some of what could very well be money she knows to be owed to poor Amy, what does mom do, pocket it without missing a beat!,
Think back to Cindy's painful police interview where she is emotionally in shatters, think back to
where she was supposedly in another city , yet neighbors saw her sneaking home every day, and Tony said she would steal food from her mom's freezer and bring it over and cook for him and the boys:
Cindy quoted in D. Fanning's book
p. 171

After noting that Casey made sure Cindy wasn't home when Casey came back rummaging through the house--

"She'd go and take the stuff she needed, and stole money every time. But she never took anything for Caylee. No shoes, no pajamas, no dolls, no anything."


Let's think back to her good faith

to where she possibly drugged her friend Amy and stole her $400.00 and then told her she was sleep walking and lost it, according to what she told Tracey, she has a clear understanding that like a Rufie, CHLOROFORM will knock one out
to where she lied to Ryan and borrowed $400 or $500 she said she needed for rent to her folks who she lied to every day, several times a day
to the many, many, may lies she told about Caylee being here or there for the 31 days, to the bras, sunglasses, beer and snacks she bought on Amy's stolen checks "while in a time of desperation" that the cell pings PROVE she was never where she claimed she was,
to the colorful Zanny had a car accident and was hospitalized story
to the $90 she borrowed and never paid back to Amy for towing her car, to tellin Amy that George ran over a squirrel and it was "plastered to the front frame" of her car, meanwhile.... she told Lee that Tony helped her get out the two DEAD squirrels that had climbed up in the hood of her car and died ( too bad the smell was originating from the trunk, rump row),
to the times she stole gas,
to the phony names and numbers she sent her OWN FAMILY on wild goose chases trying to call, poor Lee was spending twelve hours a day chasing down her LIES,
to the times she lied and lied and lied to the police who were trying to help, her look for her daughter, for example, because I know the rules here require us to use links or quotes to back up what we say " Transcript from LE interview of Casey at Universal:

UNIDENTIFIED MALE: OK. All right. Let`s go through this again. We`re here because? We got here how, to do what?

CASEY ANTHONY: Because I lied, because I brought you up here.

------------------------------------------------------

MELICH: You know you pointed out, you pointed at the 3rd floor window and you said, well, that's what's her name's bedroom, and Zani's bedroom is right below...is on the other side. That's what you told me. So, that was a lie?

CASEY: That was a lie.

SGT ALLEN: And that was going to help find her how? Telling...lying about, lying about that bedroom, where is Zani's bedroom that was gonna help find her how? Huh?

CASEY: It's not helping."


to the lies she told to accuse Ms. Gonzalez,
to the lies she told to accuse Jesse,
to the lies she told to allow Jose to accuse Amy..... my hands are getting tired. I am honestly perplexed ......how can they expect the good taxpayers on the jury to believe she did anything in good faith?

Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. It derives from the translation of the Latin term bona fide, and courts use the two terms interchangeably.

You are kidding , right?

Everything Casey has done, every single thing ,has been the epitome of "in bad faith", imo.

We just disagree. I am asking with respect how you arrive at your conclusion, because I want the state to be prepared to answer every reasonable doubt any juror may have.

Don't trust me, use these links:

1. http://www.chicagotribune.com/news/...g-girl-jul19,0,3232170.story?page=2&track=rss
2. http://www.news4jax.com/news/16909249/detail.html
3. http://www.webpronews.com/topnews/20...issing-toddler
4. http://www.wesh.com/news/16904053/de...s=orl&psp=news
5. http://www.orlandosentinel.com/news/...tory?track=rss
6. http://www.myfoxorlando.com/myfox/pa...Y&pageId=3.2.1
7. http://www.myfoxorlando.com/myfox/pa...d=1.1.1&sflg=1
8. http://www.myfoxorlando.com/myfox/pa...Y&pageId=3.2.1
9. http://www.cnn.com/2008/CRIME/07/22/....ap/index.html

Bad faith should be her middle name, framing Jesse and now Kronk come to mind: intentional dishonest acts There is a huge difference from a "misunderstanding" and the charges Amy alleges in her criminal complaint AND WHAT THE STATE HAS ON VIDEO AT THE BANK AND TARGET OF HER COMMITING FRAUD and I for one if asked to believe Casey or Amy and the tapes....... believe Amy's account. All day long.

The only thing she may have ever said that was honest was I need help, I feel like I am losing it, I want to commit myself and what happened.....she talked to mom, next thing you know she tells her buddies, never mind, mom says everything is ok.

Can I get a witness? I welcome her to take the stand and explain the "misunderstandings". I have said it here before jokingly, but the juries down here in Texas would have none of this, they would say something along the lines of "Get a rope!"

http://www.youtube.com/watch?v=PuuTH7GxFyk http://www.youtube.com/watch?v=J7boOOu3p3w

I cannot believe I forgot the most glaring early act of bad faith was telling Kio she could adopt the baby, then once Cindy learned of the pregnancy.... Casey broke that promise too. How we wish Cindy would have not interfered in that decision. Casey has been lying and acting in bad faith since childhood, and it was enabled and it got us where we are today. I admire Amy that she hasn't sold her story, it is a lot more class and restraint than we have seen out of Casey or her family! I find it disgusting how they have publicly accused Amy and besmirched her. I have a question for the defense, or family or anyone anyone telling her she should stay home and not testify. Have you no shame? NONE? Every victim of a crime should testify. My Gram used to tell us, "If you don't speak up, even God wont hear you!"

 

[The World According]

It will make a difference in the end. Casey will be made to suffer the consequences of her actions. I apologize, but any family who would look at AMY and tell her to think of her own family, and badger her about the decision she made to seek justice as a victim, should be ashamed of themselves.
I am not sure where you are going with this other than the conviction and having a prior record which can be brought into the murder trial...however, might I add that this could have very well been Casey's on grandmother pressing these charges for stealing from her..
Now honestly, would you tell a lonely little old woman whose husband is in a nursing home that she shouldn't press charges on anyone who stole from her knowing she lives on a fixed income?

Thank you for speaking up for Amy in the name of common decency!!!! Merry Christmas!

 

[Bobbisangel]

Thank you for speaking up for Amy in the name of common decency!!!! Merry Christmas!

I can't imagine anyone not speaking up for Amy. She didn't do anything wrong and probably wishes she had never met Casey Anthony. Probably a lot of people feel the same way. Especially those that she ripped off!

I wish gramma had pressed charges for the money Casey stole out of her checking account. I know it is hard to press charges against a granddaughter but Casey needed a wakeup call....she can't steal from everyone and get away with it. She did steal from friends, grandparents and parents and no one did anything about it until now.

 

[The World According]

It felt to me like Judge was trying to forecast to the defense, look I am not going to throw the book at her FOR THE CHECK FRAUD, the murder we will handle differently. The way he looked at her when he said,
"As she sits here now, she has no priors", the tone in his voice, just seemed like he was trying to say, for the love of God Baez, have her plea guilty and I WILL BE FAIR, so we can move on. Did any of you get that feeling? I respect all of you so much and am really curious what you thought.




After these statements from Mr. Ashton, maybe Casey sees that like one poster put it "We are not on Hope Spring Drive anymore!"

Jeff Ashton:"Caylee was almost three when she died with duct tape over her nose and her mouth," Ashton began.

From there he laid out brutality of Caylee Anthony's murder.

"Maybe her killer even saw her eyes as the tape was applied," he said. "First one piece, then two, then three, so that no breath was possible."

If a jury was at the point where they were going to decide whether to give Casey the death penalty, they would have "already decided that the face that Caylee saw in those last moments of her life, was her mother's face," Ashton said.

 

[The World According]

Mr. Hornsby often points out the two cases are intertwined and could be consolidated. One of our posters, Friday, helps us understand just how much Casey's stealing and the murder are indeed part and parcel. The stealing of the gas cans gets us the vital duct tape match. Here is Friday's post:"And if Casey readily admitted it to her mother, why would Casey a few hours later be angry and thrust them at George saying, "here are your f---ing gas cans?"

Oh wait---I think I just answered my own question: Casey was angry because those f---ing gas cans were making George try to go into her trunk...a trunk which held something much worse than stolen gas cans: Evidence of Caylee's death or perhaps plastic garbage bags containing Caylee's corpse?

How infuriatingly inconvenient for KC that George was determined that day to look in her trunk because he suspected his stupid gas cans were in there. I never could figure out why she bothered to exert herself enough to remove them herself and shove them at him. It would be so much more like her to open her trunk wide and tell him he could get his f---ing gas cans out.

You know, that worthless, banged up gas can (with the duct tape on it) is going to end up being the death of her. Literally. I hope."

The only reason she had to "steal" , have Tony break the lock on the shed, was because of more of her dishonesty , pretending to be in Tampa...so all of her crimes of dishonestly are coming back to haunt her, indeed.

We're not on Hope Springs Drive anymore!

I hope she pleads guilty.
__________________

 

[Kentjbkent]

CLIPPED

It felt to me like Judge was trying to forecast to the defense, look I am not going to throw the book at her FOR THE CHECK FRAUD, the murder we will handle differently. The way he looked at her when he said,
"As she sits here now, she has no priors", the tone in his voice, just seemed like he was trying to say, for the love of God Baez, have her plea guilty and I WILL BE FAIR, so we can move on. Did any of you get that feeling? I respect all of you so much and am really curious what you thought.

I'm thinking along the same lines that you are. What struck me as odd was the statement that JS made after AL approached the stand for the first time and said Hello and inquired something to the effect of "How are you, Judge?"

His reply was something along the lines of "Sitting on a Rainbow".... which inferred to me that he is getting exasperated at the antics in this case and is growing weary of having to try to walk the fine line of remaining fair to KC (avoiding appeal) when the defense keeps flooding the court with repeat motions and trying to change laws for this case.

Just odd that the JUDGE in the case would make this comment?

 

[The World According]

Richard Horbsy:

"See my most recent blog post for what was likely discussed."

Casey Anthony Gets a Reality Check

Here is a snip "So considering Casey Anthony has been in jail for excess of 1 year on the Check Fraud case, Judge Strickland basically told both parties that if convicted he will Adjudicate her Guilty and sentence her to concurrent sentences of 1 year in jail on each count, with credit for time served.

Meaning, a time served sentence – but a sentence that leaves her as a convicted felon on each count.
Now Why Did He Do This?

Well he did it because he is a fair judge, but also because he doesn’t want this Check Fraud case to be dragged out unnecessarily."

 

[The World According]

Someone please, please take Joy's seat.

 

[lisalei321]

Someone please, please take Joy's seat.

Provided I have a working gas gauge in my Gremlin, I'm going

 

[manatee]

Someone please, please take Joy's seat.

I'm a local. it if fall on a day that I'm off, I will be there with bells on...any day but mon or th