Why is Tim Miller as a Material Witness "significant"?

[ThinkTank]

I doubt coping, etc. has been done on those files. Who would pay for it? As it is, they had to go through them and come up with those 32 people that were in that area. $$$

NJ said in court that BC was allowed to go through them. And that BC didn't find as many as NJ's crew did. He also said that BC went through them before NJ did.

I doubt that BC did any copying either ..... however, Nejame opened the door for the Defense to claim the right to look through all 4,000 searcher records, after Nejame admitted that he had already allowed Brad Conway (an outside party) to look through them.

 

[Spangle]

I doubt that BC did any copying either ..... however, Nejame opened the door for the Defense to claim the right to look through all 4,000 searcher records, after Nejame admitted that he had already allowed Brad Conway (an outside party) to look through them.

He not only opened the door, he invited JB to do the same thing.

JB didn't want what BC got. But that is all he is getting.

 

[lin]

That's the million dollar question. LOL!

If he makes it to the trial as a witness.. Just think of all the things he can talk about. Like how helpful the family was in the search for Caylee.

Oh how I hope that's allowed!! What are these people thinking, wanting him as a witness???

On the other hand, I'm comforted that MNeJ got pretty much exactly what he offered the court. I absolutely love it that the court agrees that the defense has to be monitored so as to make sure they don't defy the order, heh heh heh.

And btw, TM is NOT a material witness; wasn't found to be one; see #1 of the order. As TM volunteered to give a deposition, the court found in unnecessary to determine material witness or not.

 

[lin]

Not quite following your meaning here. If the testimony in question negates the defense's claims, how could that exonerate KC? :waitasec:

I think she's being funny; having TM there testifying will negate the claims made by the defense that the defense thought would exonerate KC.

 

[lin]

I understand that TM has agreed to be deposed by JB, but what about the 32 searchers? If they live in another state they can't be forced to go to FLA and answer JB's questions can they?

As MissJames explained, if they're deemed a material witness, it's possible. But I find it highly, extemely, more than very, unlikely.

 

[lin]

Yes! there is a video of the entire Hearing last Friday, and Nejame told the Judge that he had already allowed Brad Conway to look through all the 4,000 searcher records. There was absolutely no justification for this, in my personal opinion, and it was disrespectful to the volunteer searchers. And, it added insult to injury for Nejame to tell the Judge that he did this as a "courtesy" to the Anthonys.

I'm going to trust MN on this one, no disrespect to you intended. He probably knows BC a lot better than do we and he believed BC wouldn't copy those records. 4000 is a lot to copy anyway and would take an awful lot of time. Just cos we don't like BC's clients, (well, I don't, can't speak for y'all), doesn't mean that in dealing with MN he's not always shown himself to be an ethical attorney. Understand there's a difference between being ethical and spinning some things in the media for the benefit of your client.

 

[azwriter]

That's the million dollar question. LOL!

If he makes it to the trial as a witness.. Just think of all the things he can talk about. Like how helpful the family was in the search for Caylee.

That would be wonderful for Miller to testify about the lack of willingness of the family. But remember, if Miller is called as a witness by the defense, on cross examination, the prosocution can only ask questions on what was covered in direct questioning by the defense.
Hey lawyers, am I correct on that?

 

[magic-cat]

Yes! there is a video of the entire Hearing last Friday, and Nejame told the Judge that he had already allowed Brad Conway to look through all the 4,000 searcher records. There was absolutely no justification for this, in my personal opinion, and it was disrespectful to the volunteer searchers. And, it added insult to injury for Nejame to tell the Judge that he did this as a "courtesy" to the Anthonys.

Mark NeJames allowed BC to go through the files for several reasons, one of which was that he, Mr. NeJames, had formerly represented Brad Conway's clients, George and Cindy Anthony, and if there would be ANY person who would be looking for anything that could help Casey, then that would be her parents attorney. He also did this before he himself looked through them to allow Brad to find as many as HE deemed appropriate for submission, and then, he, NeJames, found several others that he added in to the mix on top of what Mr. Conway had found. An attorney can have another attorney "consult" for any reason at any time that he sees fit, and I personally think, in light of the privilege issue between Conway and NeJames, that this was certainly an acceptable means of providing some impartiality and lack of bias in the search for whom should be submitted for questioning. I actually think it was a brilliant idea, and Mr. NeJames is an amazingly intelligent attorney.

 

[LeLe1953]

Oh how I hope that's allowed!! What are these people thinking, wanting him as a witness???

On the other hand, I'm comforted that MNeJ got pretty much exactly what he offered the court. I absolutely love it that the court agrees that the defense has to be monitored so as to make sure they don't defy the order, heh heh heh.

And btw, TM is NOT a material witness; wasn't found to be one; see #1 of the order. As TM volunteered to give a deposition, the court found in unnecessary to determine material witness or not.

I hope Tim does get called. I think they will find a "real" cowboy who values the truth, shows much compassion & is very dedicated to help find the misssing. It would hard for anyone to tarnish his name & they wouldnt be very liked if they did try.

 

[The World According]

Objection to the bolded by me...Leading.

If Tim is a defense witness Baez may not ask a leading question which implies, suggests or prompts the witness to give a particular answer

The defense attorney already said they believe they can find in the documents as many as one hundred people who were actually in that area, even if they signed up at first to search a different area, they sauntered over to where they all thought the action would likely be, so then they are going to claim how could a hundred people walk right by the bag and not have seen it. The thing is what Tim Miller is going to be able to offer for the prosecution is going to be very compelling. I guess since there is no Nanny, they have to hang their hat on the body not being there until after Casey was in jail. They'd have better luck calling Kronk's girlfriend who was the jail warden's executive secretary to the stand and asking her what conversations of Casey and Jose's were overheard and repeated to her that detailed the pavers and location of the body.That , or the cows coming home.

 

[Spangle]

The defense attorney already said they believe they can find in the documents as many as one hundred people who were actually in that area, even if they signed up at first to search a different area, they sauntered over to where they all thought the action would likely be, so then they are going to claim how could a hundred people walk right by the bag and not have seen it. The thing is what Tim Miller is going to be able to offer for the prosecution is going to be very compelling. I guess since there is no Nanny, they have to hang their hat on the body not being there until after Casey was in jail. They'd have better luck calling Kronk's girlfriend who was the jail warden's executive secretary to the stand and asking her what conversations of Casey and Jose's were overheard and repeated to her that detailed the pavers and location of the body.That , or the cows coming home.

I didn't know that. Where did you find that info. Thanks!

 

[strach304]

That would be wonderful for Miller to testify about the lack of willingness of the family. But remember, if Miller is called as a witness by the defense, on cross examination, the prosocution can only ask questions on what was covered in direct questioning by the defense.
Hey lawyers, am I correct on that?

I'm not a lawyer but I think the prosecution can also add Tim to their witness list. Hopefully the lawyers here can weigh in.

 

[cecybeans]

Whether TM or any other witness can absolutely certify there was not a body there will be hard to prove and is really irrelevant.

RK reported the location, the suspicious plastic bags, etc. on August 11, approximately one week before Hurricane Fay deluged the state and brought down more than the typical rainfall for the month of August (which is generally considerable anyway) and certainly before KC was bonded out of jail the first time - so the general location of the body was noticed very early on.

Even if the defense could somehow prove that the body was moved there while KC was initially in jail (it would have to be her first month, because she was bonded out on Aug. 20-21, which is AFTER the general location by Kronk had been reported) - to me, it would in no way exonerate her from the murder, but at best proves she may have conned an accomplice into moving the laundry bag to another location to make her look innocent during that first month in jail. While an accomplice might introduce doubt into the case, any accomplice who would risk that would have had to have been someone she trusted and could have secretly communicated with between the night of the 15th and her incarceration on July 16. I can only think of a handful of people she would have contacted willing to get her butt out of a sling at that point, and most all non-relatives have been extensively interviewed and ostensibly cleared.

I disagree that the SODDI defense strategy is in stone; we know that JB was all over it even though it is patently ludicrous, but AL is on record as being against it, and I'm thinking that she has all the cards when push comes to shove; he needs her WAY more than she needs this and she will not tarnish her record for a delusional egoist. JB has been skating on thin ice long enough - if he doesn't follow the strategy of his DP attorney to the letter this time, he could find himself interviewing again for a replacement and causing more unnecessary delay.

I think all this TM witness folderol is just more smoke and mirrors the defense is trying to fabricate to try to confuse the jury into thinking there might be reasonable doubt. I think TM and his attorney have been preemptive by offering his cooperation; they know JB is on a fishing trip for yet another unbelievable scapegoat, and it aint' gonna fly.

 

[3doglady]

Remember the story TM told about George's friend?

[ame="http://www.youtube.com/watch?v=raHlPVJEabU"]YouTube - ANGRY AT CASEY ANTHONY:::TIM MILLER PART 1[/ame]

[ame="http://www.youtube.com/watch?v=E-P2NEQz17s"]YouTube - ANGRY AT CASEY ANTHONY:::TIM MILLER PART 2[/ame]

 

[Reagan]

I think she's being funny; having TM there testifying will negate the claims made by the defense that the defense thought would exonerate KC.

Yes thank you lin. That's exactly what I meant. I can see where the confusion came from though. I worded it kinda weird.

 

[Reagan]

Remember the story TM told about George's friend

No. Can you expand on your comments? I'm not at work yet so I can't watch the links you provided.

 

[Spangle]

No. Can you expand on your comments? I'm not at work yet so I can't watch the links you provided.

TM asked friend how he could help. (GA) Friend said he didn't know how he (TM) could help. Cause he (GA) knows what he needs is info from the girl setting in that room. And she an't talking.

Not an exact quote....

 

[tweety933]

Material Witness to the statements that George's friend made about Casey, I don't think so, but as a Material Witness as to the conditions of the area, and the decision to halt the search efforts of the area, and the reasoning behind it, YES.....

As a witness for the prosecution that the area had been unable to be searched without compromising Caylee's remains if they were there, ABSOLUTELY, and also as to the statements made by CA to TM, to only search for an "alive" Caylee, after knowing that it smelled like a dead body had been in the dam car from an RN no less...... Just because TM isn't on the witness list yet, doesn't mean he can't be added at a later time.

Also, I can see the defense trying to use the recordkeeping of the search areas as a way to fish out a reasonable doubt as to who might have had access to the actual area that "might have" left a heart sticker, yada, yada, yada......, or in the alternative put into question the thoroughness of LE, and their reliance on a non-profit to do their jobs for them. KWIM

 

[sakirkland]

If Tim Miller is a material witness, can the defense attack his reputation? IIRC, Wasn't there a rumor at the time they were searching that Tim was drinking too much-instead of looking for Caylee? I don't think this fishing trip would be "relevant" but would they try>? I do not know much about law, but what does it mean if he was made a material witness for the defense and why is this a win for the defense?

 

[nssherlock]

I believe it depends on what the subpoena says which the Defense will issue for each of the 32 searchers, individually. IF the Defense chooses to go to the expense to subpoena and depose the 32 people. I would think each of the 32 volunteer searchers will have to decide if they want to hire an attorney (at their own expense - not free like KC's), to fight the subpoena and to fight to protect their rights to privacy so that their name, home and work address and other personal info does not now become public info through the FL Sunshine Laws.

I believe that Nejame had no right whatsoever to release the 4,000 volunteer searcher's private info to Brad Conway (an outside party) to dig through, which is something the Defense had not even been allowed to do. Brad Conway was under NO Court Order to refrain from taking notes or making copies of anything in those private records.

I too was stunned when I heard this at the hearing. What on earth could have been his motivation to share with an atty not directly involved in this case? :waitasec: I wondered if indirectly he was using BC as an intermediary to take the info to Casey's team that there's nothing of value to be had with these records? Has anyone got a theory as to why he would have let BC look over this private information?