When will we see the Evidence?

[MiraclesHappen]

I suppose we need a new thread on JB's representation.

That could be an entire area of the forum...

 

[azwriter]

Really? As I understand it, the State/LE have 10 days to hand over discovery to Baez so isn't this like the other times that whenever LE provided the discovery to Baez (i.e. 400 page docs, 600 page docs etc.. released previously), that it would get released to the public shortly thereafter because of the Public Information Request / Freedom of Information Act??? Am I mistaken??

Once the evidence is presented in trial, then it becomes public record as testimony. But, either side in a case has know to leak evidence for specific reason to help or hurt either side. Not something a judge likes to see or hear.
Releasing the evidence to the public before trial would taint the jury pool.

 

[NancyT]

:clap:
Unless he gets himself some substantial help with the actual legal issues, there is going to be a rude awakening down the line for JB. Actually it will be awakenings on multiple front line battlegrounds.
I don't understand the necessity of these press conferences, the client escorts etc.
He would be better suited by burning the midnight oil with reference materials and uttering "No Comment" for the press.
jmhumbleo

I agree. To call that press conference to try and convince the public that Black's comments were taken out of context was absurd. We have ears and could clearly hear what was said ourselves. We are also fully aware that the program went out live, so there was NO editing.

He's not going to change the public's opinion, no matter what he does, so why doesn't he concentrate his efforts on the defense? He just keeps proving how inexperienced he is, IMO.

 

[MiraclesHappen]

I seem to recall there were some questions about time limits imposed for discovery.

Here is the time limit imposed by the Florida Rules of Criminal Procedure for handing over evidence which goes to negate a defendan't guilt.


(4) As soon as practicable after the filing of the charging document the prosecutor shall disclose to the defendant
any material information within the state’s possession or control that tends to negate the guilt of the defendant as to any
offense charged, regardless of whether the defendant has incurred reciprocal discovery obligations.

I wonder if the 10 days given by Judge Strickland is really an extension of this clock which seems to be ticking... I cannot recall tho' if the 10 days given the prosecution also went to JB's motion for exculpatory evidence.

 

[Theonly1]

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.

I wasn't thinking "autopsy" photos...more like crime scene photos (which can be equally horrific). I think the reason why is obvious. I agree about not allowing them to be "published" but I know that in the trial of Danny Rolling the only way the public could see the crime scene photos (WAY worse that autopsy photos in this case) was to go, sign in, sit down and view them and sign out (post-trial). You can see the crime scene photos (or could at that time) just not take pictures. I know trials vary about what is sealed and this was in the '90's.

In Canada they sometimes DESTROY evidence (trial of Bernadino and Homolka). After the convictions did the court not DESTROY the videotape evidence which allegedly showed B or H raping and murdering one (or more) of the victims? It was deemed so horrible, so graphic, so abominable and the families begged to have it destroyed forever. Correct? [Destruction post-trial and appeals]

I guess what I'm driving at is:
1) We the public will likely never see the crime scene photos until post trial (and if they aren't sealed).
2) The fact that family members (and the public too) are protected from seeing the gruesome evidence (if found) will make it easier for family members to believe the loved one is not deceased if that is their inclination. Even if Caylee is found no one is going to shove a picture in CA's face and make her face reality.

 

[Lovejac]

Common sense dictates when we will see the actual evidence...it will be at trial as it is being presented to the Jury in this case.

Shouldn't this just be on the questions thread? Maybe a mod can merge it, please!

http://www.websleuths.com/forums/showthread.php?t=72412

Thanks for this info, SS! At the risk of sounding stupid, I didn't even know we would get all the other documents that we got.

I have never followed a case before and I honestly didn't know about the Sunshine Law or Freedom of Info until it was explained on this forum by all the knowledgable people here.

Thank you for SS for your continuing teaching! :blowkiss:

 

[TURBOTHINK]

Supporting their daughter is one thing. Interferring with the investigation and lying are something else. The Peterson Family set up their own tip line and they shared ZERO tips with LE. Then they had the gall to ask the Find Laci group to pay them for the phone. The didn't get it, of course. n Oh, the PEterson tip line ran at the same time as the police tip line. Thankfully, most people called the police, not the Petersons.

I agree and the Anthonys taking the tips and THEN turning them over to LE to me speaks volumes.

 

[zadari]

I suppose we need a new thread on JB's representation.

or obvious lack of .. i dont think he knows what he is doing ..he bit off way more than he could chew with this case imho

 

[trac]

Really? As I understand it, the State/LE have 10 days to hand over discovery to Baez so isn't this like the other times that whenever LE provided the discovery to Baez (i.e. 400 page docs, 600 page docs etc.. released previously), that it would get released to the public shortly thereafter because of the Public Information Request / Freedom of Information Act??? Am I mistaken??

Criminal trials have six phases

They've already had the first phase, where Casey states guilty or not guilty and she has a lawyer the arraignment

Then we could have a plea deal phase

Then we have pre trial motions which is part of the discovery part where both sides go to court and argue what should be let in and what should not be let in - thats when both sides will get discovery and witness lists - that is also the time that the prosecution will request that Casey see a shrink and the defense and prosecution will have their own for her to see with a report given at trial - aka The defense asks the judge to dismiss the case against the defendant altogether, arguing that the police did not have "probable cause" to arrest the defendant in the first place, or that insufficient evidence exists for any reasonable jury to find the defendant guilty.

Then the trial has different phases -
Choosing a Jury
Opening Statements
Witness Testimony and Cross-Examination
Closing Arguments
Jury Instruction
Jury Deliberation and Verdict

Then we have the sentencing phase and then start the appeals process

 

[magic-cat]

So we will see the evidence in 10 days ???????

The "ten days thing" is only concerning what was granted in No way Jose's motions. He will have to motion for this new discovery, they don't have to just offer it up to him. He is entitled to it, but he does have to ask for it-I believe...

 

[TxLady2]

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

I don't believe there will be sufficient remains for them to ID... there might not be much left now but skeletal remains, maybe hair. They will have to be ID'd through DNA testing. But if and when her remains are found and a positive ID is made, the family will be notified, and shown the test results. I'm not even sure they will accept it, even then.
The prosecution has to hand over any evidence they have to the defense with enough time for them to prepare their defense case. But there could still be evidence to come in right up to the trial... and I doubt that the public will see all of it until the trial itself. They don't want to taint the jury pool.

 

[frrlk]

Autopsy photos of Laci and Conner Peterson are still sealed; however, court artist's drawings of them were released to the public.

Thanks for that. I thought I remembered seeing photos, but I'm sure it was the drawings now. Plus the conditions of their bodies were very vividly described. I will never forget that. Nor how she protected that little boy until the sea sent them home.

 

[whiteangora]

I suppose we need a new thread on JB's representation.

Maybe we will get one before the trial. I am so looking forward to the opening statements, The Prosecutor is going to be on fire, JB is gonna need all of the help he can get.

 

[Broderick]

On the release granted by the judge, today would be 10 days on the calendar. Friday will 10 business days.

 

[greatwhitenorth]

In Canada they sometimes DESTROY evidence (trial of Bernadino and Homolka). After the convictions did the court not DESTROY the videotape evidence which allegedly showed B or H raping and murdering one (or more) of the victims? It was deemed so horrible, so graphic, so abominable and the families begged to have it destroyed forever. Correct? [Destruction post-trial and appeals]


hello, actually the case with Bernardo and Homolika was evidence was with held. The lawyer for Bernardo had the tapes and didnt give them to authorities He quit the case and after the new lawyer was involved he gave the tapes to authorities. By that time it was too late. Karla already had a plea deal.

So no destroying of evidence, just wacky laws that most of the time protect the criminal instead of the victims....

Canada

 

[greatwhitenorth]

trac... miss read your post. the evidence was not destroyed it was banned in Canda to protect the famalies. We were givin few details on this case. i happened to have read the book realeased in the us before it was banned here and i understand why it was banned...

Canada

 

[weasel]

<<Geragos was in delay delay delay mode throughout>>>

Good point.

 

[Lovejac]

Just found this in an article on www.wftv.com

Last week, the Orange County grand jury heard from the FBI and one of the sheriff's computer investigators and that information is going to be released to the public very soon.

http://www.wftv.com/news/17781526/detail.html

 

[Recovering-Lurker]

Just found this in an article on www.wftv.com

Last week, the Orange County grand jury heard from the FBI and one of the sheriff's computer investigators and that information is going to be released to the public very soon.

http://www.wftv.com/news/17781526/detail.html

Good find. Oh please be true, please, please, please!

 

[sarah7855]

I keep hearing on the news stations that it'll be released very soon, too :woohoo: