Budget cuts may cancel or suspend Casey trial

[jennyb]

Judge Perry said:

March 4, 2011 Hearing [Baez apologizes to Ashton]
Baez calls - brief 5 min recess
Judge - at 10:45 I'm recessing - I have something scheduled for today - I break at 10:25 and meet with representative -run out of money 3rd or 4th week of March - entire court system
Mason - no trains, no planes, no court
Judge - it is what it is

Judge: following week I will sort of be out of pocket Wed Thurs Fri but be reachable unless something changes be in wonderful part of state Tallahassee begging for dollars which is sort of unseemly but task we gotta do but I will be available and reachable if no other matters on State or Defense
court in recess

In these troubled times anything is possible. But I can't see "canceling" a trial. A delay within constitutional bounds is anyone's guess.

But hey, I'm no attorney. I'm just Jenny from the Block!

 

[LinasK]

WHOA WHOA WHOA...

Before pure panic ensues, let's put this in perspective and remember this is a MEDIA story created to garner ATTENTION and HYSTERIA....all media reports have a slant!

Read the article and am curious as to who sent the original email questions to Clerk of Court...perhaps the OS reporter?

Let's see that email....let's see exactly what SPECIFIC questions Ms. Gardner was responding to....very easy to take a statement out of context when you don't get to see what the original question or statement was...

Let's also remember that Ms. Gardner is a Clerk of Court....whether or not any trial is "cancelled or postponed" is not in her realm of power, nor does she have any authority over our beloved judge...

Interesting that with looming budget cuts, it is ONLY the KC case she cared to direct her "opinion" comments to....

I say heads are going to roll over this one, but we probably won't know....as a reminder, here is the description of the duties of a Clerk of Court

Court Clerk Job Profile and Description

A court clerk is someone whose job is to maintain and keep court records. They are also sometimes called clerk to the court or clerk of (the) court. They are also appropriately titled after the type of court they are attending to. E.g. a clerk of the peace attends to a justice of the peace. Also in most jurisdictions, the existence of a court of clerk signifies the court to be a court of record.

Duties and Responsibilities
performs clerical and secretarial duties like typing, filing, attending to court appointments, answering calls

administers oaths to witnesses, jurors and grand jurors during trials and hearings

authenticates copies of court records, prepares docket of cases to be called, contacts witnesses, lawyers, and litigants for the court and instructs them when to appear in court

records and transcribe minutes of court proceedings, handles financial record keeping, and acts as custodian of the court’s seal and court records

collects fees and other payments or deposits made with the court, prepares reports and court forms, and processes petitions and warrants

takes care of publication of court decisions, reviews court records for accuracy, and handles all court correspondences

coordinates with other related departments and staff in other legal matters

http://www.samplejobdescriptions.org/court-clerk-job-description.html

My thoughts exactly!!!

And, I'm curious why the clerk of courts is talking about her budget being affected by this. Wouldn't the trial come under the SA budget?

 

[JSR]

This is Casey's dream come true.

 

[Kentjbkent]

A special thanks to Kent and all the other fine Sleuthers, for bringing this little Cherokee Hillbilly back to the land of the sane! :crazy:

:great:

 

[jennyb]

AZ Lawyer to the white courtesy phone please.

 

[robotdog]

Pftttttttttttttttttt


not gonna happen, she will be in prison for a long time soon enough

koooky talk

 

[Kentjbkent]

Our new Governor is cutting our state budget, left and right, no doubt about it. But, the article says proposed legislation from the FL Senate. Can anyone find a link to the actual proposed legislation? I've looked and can't find it.

And, I'm curious why the clerk of courts is talking about her budget being affected by this. Wouldn't the trial come under the SA budget?

Here ya go....seems they found a way to save a handful of millions...:banghead:

http://www.wesh.com/news/27215344/detail.html

 

[cyberborg]

All the Media should kick in some funds based on what they have made and what they will make from covering this case and trial. The Media would take a major hit if this was postponed. This is huge for the local economy.

Justice for Caylee.

 

[daisy7]

Here ya go....seems they found a way to save a handful of millions...:banghead:

http://www.wesh.com/news/27215344/detail.html

Thanks, Kent. But the article talks about closing correctional facilities and doesn't mention anything about decreased funding to clerk of courts or the SAs office.

As a Floridian, I would love to see the proposed legislation as mentioned in the OP article. :blowkiss:

 

[Zinvestigator]

Here ya go....seems they found a way to save a handful of millions...:banghead:

http://www.wesh.com/news/27215344/detail.html

“The state now has a surplus of beds that allows inmates to be moved within the prison system.”

Interesting article and find it incredulous there are actually “extra beds” and room in prisons. I thought they were hugely overcrowded. Shows what I know. I agree this is hype and attention seeking and helps focus the public to the dire financial situation the State of Florida (and others, too I’m sure) is in due to the current economic climate. Look at our own initial reactions to the news, we bought it hook, line and sinker!

I’m hopeful the trial will go ahead as scheduled due to the logistics that are already in place. To cancel or postpone would only cost Florida more money. It isn’t as if every suspect who is currently incarcerated pending trial is going home or getting a free pass. Some will accumulate days/weeks/months of time served. Except for KC. She isn’t going anywhere…

 

[FaerieB]

http://www.wesh.com/r/27228533/detail.html

Judge Belvin Perry says he still plans to start Casey Anthony's murder trial on May 9, despite funding concerns from court officials.

 

[SCHTown]

http://www.wesh.com/r/27228533/detail.html

THINK there's a typo in the article.

Court officials estimate that the trial will cost Orange County more than $350 million. More than $200 million of that is for jury expenses that must be paid by the clerk of court's office.

 

[P1569]

Thanks, Kent. But the article talks about closing correctional facilities and doesn't mention anything about decreased funding to clerk of courts or the SAs office.

As a Floridian, I would love to see the proposed legislation as mentioned in the OP article. :blowkiss:

daisy this is what I found about the budget and the closings in correctional facilities. mo

Florida State Budget (More links within link)
http://sunshinereview.org/index.php/Florida_state_budget

Lowell Boot Camp getting the boot
http://www.ocala.com/article/201103...e?Title=State-gives-Lowell-boot-camp-the-boot

 

[logicalgirl]

Okay...found something interesting...was looking to see if I could find any reference to "trials cancelled due to budget cuts"... Found this...

Handling trial cancellations is important, Beasley said, since most requests by defendants for a jury trial end up being waived prior to the trial. This week, for example, Beasley had five trials set to begin on Tuesday but none of the five cases will be tried by jury. In one case, the defendant pleaded guilty. Two other cases were dropped by the prosecutor’s office prior to trial; the last two cases will be tried by the judge alone without a jury.

http://www.pulaskicountydaily.com/news.php?viewStory=2125

So IS IT POSSIBLE.....?????

Lydia Gardner would be responsible contacting jurors, etc....(this article was in reference to a better way to contact jurors last minute when they are no longer needed)..

Were her comments taken out of context and what she was referring to was that due to possible budget cuts, this case (as well as many others) may have JURY TRIALS cancelled, and will be tried by judge ALONE without a jury???????

Remember this email was sent in regards to the media report as to the expected costs associated with the JURY!!!

Go back and reread article with THIS in mind...

I am going to make lunch and assume once again, the media twisted this for sensationalism.....

Justice WILL be served....KC WILL be found guilty....just may be only one cute little bald man that gets to make that determination!

DAM$$$^%^^ media!!

I did ask that question somewhat tongue in cheek upthread whether or not the trial could be held by judge only not judge and jury, because a defendant call elect/choose that in Canada, but unsure of the rules in Florida.:innocent:

What better way to save a lot of money but wonder whether or not it would be a huge appeals factor if this was not the defendant's choice? :waitasec:

 

[Solace]

I did ask that question somewhat tongue in cheek upthread whether or not the trial could be held by judge only not judge and jury, because a defendant call elect/choose that in Canada, but unsure of the rules in Florida.:innocent:

What better way to save a lot of money but wonder whether or not it would be a huge appeals factor if this was not the defendant's choice? :waitasec:

I find it almost impossible to believe that there would not be a jury trial IF THE DEFENDANT DID NOT CHOOSE THAT. She has to be given an option.

FROM WIKI:

But those who charged with a criminal offense, breach of contract or federal offence have a Constitutional right to a trial by jury.[

 

[abbra]

Ms. Gardner may find herself out of a job for making comment to the Press about budget cuts within the courts. If she is a court clerk she has no authority to make such comments unless authorized by the Head of the Courts which in NY is a Judge. I seriously doubt that the KC Anthony Case would be cancelled because it has been too high profile to push to the back of the calender. Plus the public outcry for justice for Caylee would be deafening coming from the public who has been following this case and heard from West Coast to East Coast. People in FL are tired of Baez wasteing taxpayer money with his antics and will want an end to his grifting of their hard earned dollars that are paying his salary for defending this alledged babykiller.

 

[faefrost]

I did ask that question somewhat tongue in cheek upthread whether or not the trial could be held by judge only not judge and jury, because a defendant call elect/choose that in Canada, but unsure of the rules in Florida.:innocent:

What better way to save a lot of money but wonder whether or not it would be a huge appeals factor if this was not the defendant's choice? :waitasec:

I think the defendant can opt for a non jury trial for the guilt/innocence phase, but I believe a jury would be seated for the DP sentencing phase regardless.

I also do not think that this is a good thing for KC. The state and the judiciary has a constitutional obligation to adjudicate the law and prosecute crimes. That is one of their primary mandated functions. They must go forward. There is however no constitutional mandate regarding how much the state has to spend on the defendant. While the defendant may be able to attempt an appeal later based on state funding of the defense or trial, that is an after the fact appeal, and a long shot.

I think at this point it is far more likely that any expensive items not absolutely required by the people of Florida, such as say an extra $12,000 of investigator time, will not be forthcoming.

Is it possible for the court to re-evaluate its options regarding any change of venue?

 

[Anais]

I sincerely do not see the trial seriously in danger of "cancellation". However from what I read I do see a much more severe handle on how the defense is spending the states money and do see a much firmer hold in that area coming down the pike from HHJBP. I do see the possibility of postponement, but also have serious reservations because if anyone can get this trial going smoothly & correctly without hindrince it is HHJBP!

 

[LaLaw2000]

I say they should cut out one or two of Ms. Gardner's assistants and reassign them to another division who may need them. It would not save any money, but would make her work harder for hers.

If this statement is not allowed, I hope I do not get a T/O. It may be that her words were taken out of context. She is not the decision maker in this case.

MOO

 

[Oakley]

Maybe they can just send her to Guantanamo and call it a day. She'd be a great enemy combatant. They say the food there is pretty good.