ZFG Civil Case: Casey's Deposition #2

[watcher9]

It looks like the court is being bombarded by motions from FCA.
I know they are trying to reduce the chance of FCA being found liable by eliminating most of the evidence ZG has.
FG and JM need to be careful about giving any of their case away by agreeing to any of these motions because if they give FCA and her crew an inch, they will take a mile.
Some people just do not play fair.

 

[BigFatMommyDog]

It looks like the court is being bombarded by motions from FCA.
I know they are trying to reduce the chance of FCA being found liable by eliminating most of the evidence ZG has.
FG and JM need to be careful about giving any of their case away by agreeing to any of these motions because if they give FCA and her crew an inch, they will take a mile.
Some people just do not play fair.

Play fair? Nah, this is purely the defense of a criminal - at least a criminal attorney. But more importantly, someone thinks there's a payday - or there has been one. Keep your eye on the money (tricky - it's been washed about 12 times).

Oh I do hope they are having fun with their client. Forever.

 

[AZlawyer]

No, she can't be charged with a violation of Caylee's Law at this point, regardless of what happens with her appeal on the lying to LE charges. Besides, IMO it would probably be unconstitutional to apply Caylee's Law to anyone who has caused the disappearance of the child by their own criminal act. You can't force people to incriminate themselves.

Interesting! I thought the law was made for people who caused the disappearance of a child. Who else wouldn't report it?:what:

What is the point of the law if not to force people to report a missing child in a timely /appropriate manner?

I suppose the point of the law is to make the constituents of legislators feel like something has been done. Then, when the law is applied to someone for "remaining silent" about their own criminal act, we will all see if state legislatures are allowed to repeal the 5th Amendment to the US Constitution.

P.S. The answer is no.

 

[RR0004]

I suppose the point of the law is to make the constituents of legislators feel like something has been done. Then, when the law is applied to someone for "remaining silent" about their own criminal act, we will all see if state legislatures are allowed to repeal the 5th Amendment to the US Constitution.

P.S. The answer is no.

JMPO, but somewhere along the line, defenseless children need to be represented. If not by the State...then by who? Their rights...especially the right to live...need to be protected.

 

[max2012]

I don't mean to sound dim, but isn't it "too late" to charge Casey with Caylee's Law, as her case has already been adjudicated?

Caylees Law was enacted in response to the atrocity of Casey's "win."

IMO

 

[RR0004]

I don't mean to sound dim, but isn't it "too late" to charge Casey with Caylee's Law, as her case has already been adjudicated?

Caylees Law was enacted in response to the atrocity of Casey's "win."

IMO

I was hoping (obviously beyoned reason) that if she was granted a new trial (for the lying convictions) and was found guilty (once again) to lying to LE that maybe (?) she'd be sentenced by the new guidelines. She wouldn't need to worry about incriminating herself...they could always go to the audiotape(s). But, heck if I know what I'm talking about. lol

 

[watcher9]

Can the appeals board even grant her a new trial? I don't know if it's the same in FL but I would assume it would be.

A Court of Appeals can either reverse and remand a case, or reverse and enter a judgment of acquittal. Normally cases are remanded, which means you go back to the trial court for another trial. If the court finds there was insufficient evidence to support the conviction, they can enter a judgment of acquittal, which is the same as if the jury found you not guilty. Almost any trial has some type of error in it. However, merely finding error does not mean the case will be reversed. The Court will only grant relief where an error is harmful. This means that the error must have had some effect on the verdict.
http://lawyerscenter.com/articles/articl14.htm

Also, remember when CM was adamant about JBP signing papers that FCA completed her probation. Why was he so insistent on getting it done that same night?

 

[RR0004]

Can the appeals board even grant her a new trial? I don't know if it's the same in FL but I would assume it would be.

A Court of Appeals can either reverse and remand a case, or reverse and enter a judgment of acquittal. Normally cases are remanded, which means you go back to the trial court for another trial. If the court finds there was insufficient evidence to support the conviction, they can enter a judgment of acquittal, which is the same as if the jury found you not guilty. Almost any trial has some type of error in it. However, merely finding error does not mean the case will be reversed. The Court will only grant relief where an error is harmful. This means that the error must have had some effect on the verdict.
http://lawyerscenter.com/articles/articl14.htm

Also, remember when CM was adamant about JBP signing papers that FCA completed her probation. Why was he so insistent on getting it done that same night?

...and why do I remember that she could get a new trial? Where did I get that from? lol

 

[watcher9]

...and why do I remember that she could get a new trial? Where did I get that from? lol

You're remembering right.

This is what Wiki says about remand -
The term remand may be used to describe an action by an appellate court in which it remands, or sends back, a case to the trial court or lower appellate court for further action.

For example, if the trial judge committed a procedural error, failed to admit evidence or witnesses which the appellate court ruled should have been admitted, or ruled improperly on a litigant's motion, the appellate court may send the case back to the lower court for retrial or other action.

Other choices the appeals court have (I think) are
1- uphold the conviction
2- reverse the conviction based on insufficient evidence and acquit outright

Question from me - If JBP signed papers stating FCA completed her probation for the sentence she received, can the papers be used against FCA as proof to the appeals court that she knew she was quilty? Would these papers guarantee FCA further protection in case the appeals board remands the case back for a retrial which ultimately results in another conviction to avoid any jail time?

 

[RR0004]

You're remembering right.

This is what Wiki says about remand -
The term remand may be used to describe an action by an appellate court in which it remands, or sends back, a case to the trial court or lower appellate court for further action.

For example, if the trial judge committed a procedural error, failed to admit evidence or witnesses which the appellate court ruled should have been admitted, or ruled improperly on a litigant's motion, the appellate court may send the case back to the lower court for retrial or other action.

Other choices the appeals court have (I think) are
1- uphold the conviction
2- reverse the conviction based on insufficient evidence and acquit outright

Question from me - If JBP signed papers stating FCA completed her probation for the sentence she received, can the papers be used against FCA as proof to the appeals court that she knew she was quilty? Would these papers guarantee FCA further protection in case the appeals board remands the case back for a retrial which ultimately results in another conviction to avoid any jail time?

Didn't she serve probabtion for the check charges?

http://www.cnn.com/2011/CRIME/08/01/florida.casey.anthony.probation/index.html

 

[ZsaZsa]

Excuse my ignorance, but how on earth can you appeal a conviction that is so well documented as being true? She lies lies lies during the investigation.

 

[Steely Dan]

Excuse my ignorance, but how on earth can you appeal a conviction that is so well documented as being true? She lies lies lies during the investigation.

You can appeal anything. I doubt she has a chance in hades of it being overturned. She's just trying to use it as an excuse. JMO

 

[FaerieB]

The new defense motion asks Circuit Judge Lisa Munyon to prevent any evidence or testimony concerning search efforts "by any person or entity, including... law enforcement, Texas EquuSearch, [or] independent volunteers."

"The search efforts for Caylee Anthony are not relevant to any issue in this case," Anthony's lawyers argue, adding that "at most" Gonzalez's lawyers "may argue that Caylee Anthony was 'missing' in August of 2008."

http://www.orlandosentinel.com/news...aida-gonzalez-caylee-20121011,0,2293254.story

:banghead::banghead::banghead::banghead:

 

[ZsaZsa]

How can the Jury know that Zenaida was being publicly described as a child kidnapper unless they can put that jail conversation and her lies to LE into context? It's not like Zenaida was being blamed for a missing pack of gum...
The actions of her attorneys really make me despise them. What kind of
personal satisfaction do they get from lying to protect a murderer? Beats me
how they sleep at night...

 

[Steely Dan]

http://www.orlandosentinel.com/news...aida-gonzalez-caylee-20121011,0,2293254.story

:banghead::banghead::banghead::banghead:

I'll second the :banghead::banghead::banghead::banghead:

How can the Jury know that Zenaida was being publicly described as a child kidnapper unless they can put that jail conversation and her lies to LE into context? It's not like Zenaida was being blamed for a missing pack of gum...
The actions of her attorneys really make me despise them. What kind of
personal satisfaction do they get from lying to protect a murderer? Beats me
how they sleep at night...

There isn't enough money in the world to buy a bed comfortable enough to sleep through the night if you're doing that stuff. JMO

 

[logicalgirl]

http://www.orlandosentinel.com/news...aida-gonzalez-caylee-20121011,0,2293254.story

:banghead::banghead::banghead::banghead:

Thanks for posting this FaerieB - I'm so shocked and disgusted I can't even post a comment!

 

[zippitydoda]

While OCA's attorneys are busy writing motion, after motion, after motion - just think of all the billable hours money that is going down their drain.

They can write motions all day long, it does not mean the Judge will rule in their favor.

 

[logicalgirl]

Excuse my ignorance, but how on earth can you appeal a conviction that is so well documented as being true? She lies lies lies during the investigation.

Didn't she want the four lying convictions to be just one "lie"? I thought that's what this was all about.:waitasec:

 

[logicalgirl]

While OCA's attorneys are busy writing motion, after motion, after motion - just think of all the billable hours money that is going down their drain.

They can write motions all day long, it does not mean the Judge will rule in their favor.

You are right and thank you for the steadying voice - I guess what bothers me is that JB's motions were always such rubbish, and this lawyer seems to know more about what he is doing. And what he is doing is trying to eliminate everything so there is nothing left to sue about.

 

[ZsaZsa]

You are right and thank you for the steadying voice - I guess what bothers me is that JB's motions were always such rubbish, and this lawyer seems to know more about what he is doing. And what he is doing is trying to eliminate everything so there is nothing left to sue about.

Reminds me of JB though- "Can we please remove all this evidence, it is prejudicial to my client"...................duh!