When will we see the Evidence?

[NancyT]

I read or heard somewhere (do not remember source), that this happened around the middle of May.

I'm not sure where you'd hear that from, but that doesn't mean you didn't. Do you recall reading what type of searches were run? If it was to buy chloroform, I'm not sure it means a lot, but if using it to knock someone out was researched, it could be very damning.

The reason I say buying it alone might not amount to much is because Ricardo Morales had that chloroform pic on his myspace page. It could have just been something this group she was running with were interested in at the time.

I'm not saying that's factual. I'm merely speculating that it may be.

 

[NancyT]

Leaks have been running like a faucet in this case. We'll get bits and pieces here and there. After all, they have to convince a jury that she should DIE for her actions.

I don't think they want to execute her. IMO, if they seek death, it will be so they can use it as a tool to get Casey to cooperate.

There have been leaks. There is no doubt about that, but the vast majority of what we know, we learned thru discovery.

 

[Terilee]

thank you for the answers so far...

Now, when is the discovery phase??

If the judge seals the evidence I will probably die. lol.

 

[NancyT]

thank you for the answers so far...

Now, when is the discovery phase??

If the judge seals the evidence I will probably die. lol.

Welcome to the world of high profile cases.

 

[Laneymae]

You will see all the state's evidence at trial, likely not before then.

I agree.

I don't think there will be another big doc dump, but you never know.

Wouldn't that be nice if they kept us all informed.

Gees, I think that every denial for Cindy, there shoud be a doc release showing the truth.

Laney

 

[impatientredhead]

I agree.

I don't think there will be another big doc dump, but you never know.

Wouldn't that be nice if they kept us all informed.

Gees, I think that every denial for Cindy, there shoud be a doc release showing the truth.

Laney

Would discovery documents fall under this definition? Documents given or required to be be given to the person arrested? They have charged her, so they are required to provide the evidence to her/her attorney. If so then they are public record when given to her and her team unless a judge seals it.

Documents given or required by law or agency rule to be given to the person arrested, except as provided in s. 119.071(2)(h), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner and exempt from the provisions of s. 119.07(1) until released at trial if it is found that the release of such information would:

a. Be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and

b. Impair the ability of a state attorney to locate or prosecute a codefendant.

http://www.leg.state.fl.us/statutes...tm&StatuteYear=2006&Title=->2006->Chapter 119

 

[SCSam]

With Florida and their full disclosure laws, we'll probably see most of it thru the discovery phase. That's assuming the judge doesn't seal it.

In most instances though, we would never see the bulk till trial. That's why I like prelims. Of course the state doesn't play their entire hand at a prelim, either.

Somewhere down the line, when baby Caylee is found or when mom is found guilty, I believe JB may be vilified in the legal community. If he had advised his client in the beginning to deal for manslaughter.accidental death, Casey would have served jail time and been out to wreak havoc again in the future, By NOT dealing before the GJ ruled, I "believe" he can now only deal to take the DP off the table. :waitasec:

Would love to lnow what a more experienced lawyer would have advised..... this was quite a gamble.

 

[SCSam]

Would discovery documents fall under this definition? Documents given or required to be be given to the person arrested? They have charged her, so they are required to provide the evidence to her/her attorney. If so then they are public record when given to her and her team unless a judge seals it.

Documents given or required by law or agency rule to be given to the person arrested, except as provided in s. 119.071(2)(h), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner and exempt from the provisions of s. 119.07(1) until released at trial if it is found that the release of such information would:

a. Be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and

b. Impair the ability of a state attorney to locate or prosecute a codefendant.

http://www.leg.state.fl.us/statutes...tm&StatuteYear=2006&Title=->2006->Chapter 119

LOL Laney - ITA with you re Cindy!. I know this sounds horrible, but to end their denials, I hope they have to identify whatever remains are found. Don't know if even THAT would shut Cindy up. Someone in that family should have enough sense to get George and Cindy into therapy. As many parents do, they can continue to support their daughter, even though NOT what she may have done. For their own meantal health, they have to come to terms with reality at some point - and the sooner the better. JMHO

 

[magnolia]

I will be interested to see if the trial judge allows the State to enter the partying & shopping photos into evidence. I have no doubt the defense will fight to keep them out.

 

[Theonly1]

I still am confused ~

The state has to turn over evidence NOW so Casey's attorney has time to examine the evidence and prepare for trial. correct???

If that is correct, then wouldnt it be correct that the minute it is turned over to Baez, it also becomes public record as well?

anyone know how this works? anyone? Bueller? Bueller?

I think that when Baez filed his motions (for the economic crimes) the Judge said he could have the things he requested in 10 days. When Casey gets to the discovery phase in her *criminal* trial then Baez will get all the information that the State has against her. There are no surprises in Florida and Baez will get everything in due time (which will be soon). And I would think that we would also be able to have the information via the Sunshine Law (however, I'm not sure for a DP case how this would work or if they'd be able to redact anything due to not wanting to taint the jury pool. I'm not sure).

 

[impatientredhead]

LOL Laney - ITA with you re Cindy!. I know this sounds horrible, but to end their denials, I hope they have to identify whatever remains are found. Don't know if even THAT would shut Cindy up. Someone in that family should have enough sense to get George and Cindy into therapy. As many parents do, they can continue to support their daughter, even though NOT what she may have done. For their own meantal health, they have to come to terms with reality at some point - and the sooner the better. JMHO

Cindy has said nothing will convince her that Casey harmed Caylee. A body being found will just be blamed on the nanny/kidnapper and mostly placed on LE's fixation with her persecuted daughter. Had they just followed up on those tips she keeps yelling about they could have found her before her untimely death.

There is no point in hoping for Casey taking any responsibility, or Cindy EVER acknowledging that Casey did anything wrong. This is the dynamic they will play out for life. Casey wrongfully convicted and Cindy, misunderstood and the victim of two tragedies.

 

[Theonly1]

thank you for the answers so far...

Now, when is the discovery phase??

If the judge seals the evidence I will probably die. lol.

Hi Terilee,

I think some of this may be sealed (just a guess). I can see why they allowed us all to see the economic evidence under the Sunshine Law but I can also surmise that it may be just a little too much for everyone (at this point --pre-trial) to have access to the information (forensic test results, photos of trunk, full text messages with possible damning statements, date for alleged chloroform searches, percentage of chloroform in trunk, results and likely comparison of dirt in trunk, pictures of Caylee's body if and when she's found, etc.). Surely if this sort of information is damning on its face and released to the public (and analyzed and put on the news and NG every night) it would potentially infect a jury pool especially in Orlando.

Just my opinion,
T

 

[JustMy2Cents]

Regarding the doc dump, if you count weekends the pros should release the discovery to the defense by Monday. If you don't count weekends I'm thinking Thursday. Is this correct?

 

[Theonly1]

Cindy has said nothing will convince her that Casey harmed Caylee. A body being found will just be blamed on the nanny/kidnapper and mostly placed on LE's fixation with her persecuted daughter. Had they just followed up on those tips she keeps yelling about they could have found her before her untimely death.

There is no point in hoping for Casey taking any responsibility, or Cindy EVER acknowledging that Casey did anything wrong. This is the dynamic they will play out for life. Casey wrongfully convicted and Cindy, misunderstood and the victim of two tragedies.

[Graphic--be warned]

And CA will never have to look upon a decomposed body of Caylee (unless she insisted upon it). If Caylee is found and at this point LE will *not* have any family member visually identify her. They do visually identify right after death if a body is generally suitable to see. Once it is extremely decomposed or dismembered LE doesn't want to subject family members to seeing that sort of thing and they send the remains off for identification. [There have even been lawsuits from family members who have gone to ID a body that was too decomposed and then sued.]

If Caylee is found and this case goes to a jury then the jury will more than likely see pictures of the remains (if they are judged relevant and not too prejudicial) and in some cases a jury can see what the body was encased in (like a plastic box, etc.). With graphic testimony and pictures many times the pictures are printed and passed from juror to juror. If there are pictures on a DVD then many times it won't be streamed to the media. If CA goes to court and there are Caylee remains pictures she won't have to see them.

And for the public, I believe some graphic pictures will be available for viewing (even in DP cases) post-trial but you have to go to the location for viewing (courthouse usually) and sift through them by hand (or whatever media you can use to view them). You cannot take pictures of the pictures.

 

[BonKai]

With Florida and their full disclosure laws, we'll probably see most of it thru the discovery phase. That's assuming the judge doesn't seal it.

In most instances though, we would never see the bulk till trial. That's why I like prelims. Of course the state doesn't play their entire hand at a prelim, either.

I believe IF JB does his job, he will file a motion asking that the case (docs) be sealed. The prosecution would likely agree to this and the judge would likely grant it.

But since JB hasn't even asked for or filed a motion for a speedy trial, he may not file a motion to have the case sealed.

 

[BonKai]

LOL Laney - ITA with you re Cindy!. I know this sounds horrible, but to end their denials, I hope they have to identify whatever remains are found. Don't know if even THAT would shut Cindy up. Someone in that family should have enough sense to get George and Cindy into therapy. As many parents do, they can continue to support their daughter, even though NOT what she may have done. For their own meantal health, they have to come to terms with reality at some point - and the sooner the better. JMHO

At this point, Caylee's remains are likely only skeletal. I don't think anyone could look at bones and be able to identify their loved one. Therefore, I don't think CA will ever come out of her denial...because she would not accept identification via DNA testing.

God Bless Caylee! (sigh)

 

[BonKai]

I will be interested to see if the trial judge allows the State to enter the partying & shopping photos into evidence. I have no doubt the defense will fight to keep them out.

I think they will be allowed - to show her state of mind and demeanor during the time Caylee was "missing".

 

[Macushla]

[Graphic--be warned]

And CA will never have to look upon a decomposed body of Caylee (unless she insisted upon it). If Caylee is found and at this point LE will *not* have any family member visually identify her. They do visually identify right after death if a body is generally suitable to see. Once it is extremely decomposed or dismembered LE doesn't want to subject family members to seeing that sort of thing and they send the remains off for identification. [There have even been lawsuits from family members who have gone to ID a body that was too decomposed and then sued.]

If Caylee is found and this case goes to a jury then the jury will more than likely see pictures of the remains (if they are judged relevant and not too prejudicial) and in some cases a jury can see what the body was encased in (like a plastic box, etc.). With graphic testimony and pictures many times the pictures are printed and passed from juror to juror. If there are pictures on a DVD then many times it won't be streamed to the media. If CA goes to court and there are Caylee remains pictures she won't have to see them.

And for the public, I believe some graphic pictures will be available for viewing (even in DP cases) post-trial but you have to go to the location for viewing (courthouse usually) and sift through them by hand (or whatever media you can use to view them). You cannot take pictures of the pictures.

In Florida, Autopsy photos are not allowed to be published - by law. This law came about when media tried to get the pictures/details of Dale Earnhardt's death. Now, I don't know how it will work when remains are found - if it is considered 'an autopsy' when they are examined. Autopsy photos can be used at a trial, just can't be published elsewhere - I may not have stated that exactly, we may need someone with more expertise than I have about Florida law - but I do know that basically, autopsy photos can not be published.

 

[Terilee]

I believe IF JB does his job, he will file a motion asking that the case (docs) be sealed. The prosecution would likely agree to this and the judge would likely grant it.

But since JB hasn't even asked for or filed a motion for a speedy trial, he may not file a motion to have the case sealed.

is this it?

Docket Date Defendant Docket Entry
10/14/2008 A ARREST AFFIDAVIT FILED - DOA <10/14/2008> BOND NONE, INMATE NUMBER 08049710
10/14/2008 A CAPIAS ISSUED RET: INST BOND:$NONE
10/14/2008 A CAPIAS RETURNED EXECUTED
10/14/2008 A INDICTMENT FILED
10/14/2008 A MOTION FOR ADMINISTRATIVE TRANSFER BETWEEN DIVISIONS
10/14/2008 A OUT ON BOND FORM FILED BOND SET AT NO BOND
10/14/2008 A ORDER OF REASSIGNMENT FROM DIVISION 19 TO DIVISION 16
10/15/2008 A ADVICE TO DEFENDANT, FIRST APPEARANCE
10/15/2008 A APPEARANCE OF DEFENDANT ENTERED
10/15/2008 A APPEAR. OF ATTORNEY ENTERED (ATTY. JOSE BAEZ)
10/15/2008 A WRITTEN PLEA OF NOT GUILTY ARG DATE <10/28/2008> 08:45 A.M.
10/15/2008 A BOND STAYED @ $NONE (CT1 - CT7)
10/15/2008 A DEMAND FOR DISCOVERY FILED
10/15/2008 A INJAIL ARRAIGNMENT: <10/21/2008> 08:30 A.M.
10/15/2008 A NOTICE OF APPEARANCE FILED JOSE A. BAEZ
10/15/2008 A IN OPEN COURT INITIAL APPEARANCE
10/15/2008 A WAIVER OF ARRAIGNMENT ??????????????????????
10/15/2008 A WRITTEN PLEA OF NOT GUILTY ENTERED
10/16/2008 A CAPIAS RETURNED EXECUTED

so does info become public once it is handed to Baez ?

 

[Lovejac]

is this it?

Docket Date Defendant Docket Entry
10/14/2008 A ARREST AFFIDAVIT FILED - DOA <10/14/2008> BOND NONE, INMATE NUMBER 08049710
10/14/2008 A CAPIAS ISSUED RET: INST BOND:$NONE
10/14/2008 A CAPIAS RETURNED EXECUTED
10/14/2008 A INDICTMENT FILED
10/14/2008 A MOTION FOR ADMINISTRATIVE TRANSFER BETWEEN DIVISIONS
10/14/2008 A OUT ON BOND FORM FILED BOND SET AT NO BOND
10/14/2008 A ORDER OF REASSIGNMENT FROM DIVISION 19 TO DIVISION 16
10/15/2008 A ADVICE TO DEFENDANT, FIRST APPEARANCE
10/15/2008 A APPEARANCE OF DEFENDANT ENTERED
10/15/2008 A APPEAR. OF ATTORNEY ENTERED (ATTY. JOSE BAEZ)
10/15/2008 A WRITTEN PLEA OF NOT GUILTY ARG DATE <10/28/2008> 08:45 A.M.
10/15/2008 A BOND STAYED @ $NONE (CT1 - CT7)
10/15/2008 A DEMAND FOR DISCOVERY FILED
10/15/2008 A INJAIL ARRAIGNMENT: <10/21/2008> 08:30 A.M.
10/15/2008 A NOTICE OF APPEARANCE FILED JOSE A. BAEZ
10/15/2008 A IN OPEN COURT INITIAL APPEARANCE
10/15/2008 A WAIVER OF ARRAIGNMENT ??????????????????????
10/15/2008 A WRITTEN PLEA OF NOT GUILTY ENTERED
10/16/2008 A CAPIAS RETURNED EXECUTED

so does info become public once it is handed to Baez ?

OMG I hope you are right. This would give us GREAT insight!