Velouria
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Gee, I don't know about that. Talk about sleeping with one eye open for the rest of your life!
2011.06.15 TRIAL Day Nineteen (Morning Session)
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Gee, I don't know about that. Talk about sleeping with one eye open for the rest of your life!
eddeva
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Every time I hear this guy I get a very vivid image in my mind of a scene from 'Blazing Saddles' ..... I can't imagine why .......
'No sidewinder, bushwhacking, hornswoggling cracker crocker is going to ruin my biscuit cutter.'
'We’re all indebted to Gabby Johnson for clearly stating what needed to be said. Not only was it authentic frontier gibberish, but it expressed a courage little seen in this day and age.' .....
'No sidewinder, bushwhacking, hornswoggling cracker crocker is going to ruin my biscuit cutter.'
'We’re all indebted to Gabby Johnson for clearly stating what needed to be said. Not only was it authentic frontier gibberish, but it expressed a courage little seen in this day and age.' .....
Mountain_Kat
Heca Firimar !
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Shouldn't Mr. Mason be saving this closing argument for when the jury can actually HEAR it?
BigFatMommyDog
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You know, it's kind of sad that CM is reliving his "glory days" here - he's retrying his case he had before Judge Eaton with the drowning child and the sleeping mother, and then harping on Serrano...
What'sThatClue
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CM now onto duct tape, says the only person who had familiarity with the duct tape was the grandfather.
mombomb
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CM - It is well established that at the close of the evidence by the state, we are entitled to present an argument to the court seeking a judgement of acquittal. The burden - if the evidence is insufficient - there should be a judgement of acquittal. If you view the evidence in the light most favorable to the prosecution, then it is the court's obligation to enter a judgement of acquittal.
Reynolds vs. State.
Most recently the Fla Supreme Court - Serrano v. State - (judge knows and I am intimately involved in) Supreme Court stated there is a special review required in a Capital Case (Darling Case). "Every reasonable hypothesis except that of guilt - where only proof is circumstantial.
Cox v State - accused presumed innocent - when State relies on circumstantial, must be inconsistent with any reasonable hypothesis of innocence.
Circumstances must be proven beyond any reasonable doubt. Referenced Dr. G.
Must be consistent with guilt and inconsistent with innocence.
Jury must be instructed of presumed innocence.
State has proven that ICA has a history of untruthfulness which began in 2006 with the existence of the Nanny.
They have established by stip that the trial is dead. No evidence as to when she died other than a monthly window - where she died - how she died - who, if anyone was with her when she died. And, they have failed poorly to rebut that there was accidental death and inappropriate efforts by those unidentified to cover up that accidental death.
Count 1 - No premeditation - even if there was a murder at all. Smith v State. No evidence of premeditation - there is stacking of inference and speculation.
HHJBP - Donald Smith v State?
CM: In Smith the wife was found floating in water wrapped in a blanket in chains. Husband did not report. Court ruled in this case that conviction of 1st degree murder had to be reversed and reduced to 2nd because there was no evidence of premeditation. Similar to this case - except there is no clear cause of death - per Dr. G and her speculation that it was a homicide because 100% of people report child drownings.
In Serano case (also submitted by State) circumstantial case resulted in a conviction. Serano was convicted of the execution style shooting murder of 4 people. No question as to cause and manner of her death (she was a prosecuting attorney who was just picking up her husband). Issue of circumstantial was whether Serano was the shooter. This case reiterated the special test that every reasonable hypothesis be excluded.
Another issue of Count 1 - Brooks v State. The law in this state that the underlying aggravated child abuse is merged. A single act? No evidence of any prior trauma, injury or act of violence whatsoever to this child. First 18 witnesses besmirched the character of the defendant but confirmed that ICA was a dedicated, doting, caring mother.
HHJBP - are you familiar with the DCA Lewis v State decision.
CM - seeking to distinguish the merger doctrine in Brooks?
HHJBP - pending and has been certified with the FL supreme court?
CM - until that changes, they are boss on this issue. Brooks is the law as of today.
Count 2 - child abuse - Kennedy v state - standard for agg child abuse - Court made error in not properly identifying what is meant by agg child abuse. Primary purpose of act is to cause pain and injury. There is no evidence of that - chloroform and duct tape - all witnesses were asked about torture and abuse.
Count 3 - aggravated manslaughter of a child - Caylee is dead - proven. Death caused by culpable negligence of ICA - not proven; and that Caylee was under the age of 18. Duct tape on or near the remains is not dispositive of any intentional act - nothing stronger than a suspicion. Ballard v State. No evidence of culpable negligence on the part of the Defendant. No evidence - none - as to causation of this child's death.
Counts 4, 5, 6 and 7 - (Lying to LE) Not a single appellate court case on this. Constitutionally deficient - no materiality.
HHJBP - isn't this argument a little late in the day?
CM - He thinks there was a motion to file this before he came on. Was she in custody and not mirandized? There is a jury instruction saying that if the statement was made involuntarily, the Jury must disregard them.
Baugh v State - lack of corroborating evidence
Reynolds v State - wholly circumstantial evidence case. 2 women murdered, no defensive wounds, but no question as to cause of death. Special standard of review applies. Serious questions raised in this case.
Cochran v State - case with confession, fingerprints, execution of lady at close range - page 2 of site. Circumstantial evidence has to so severely establish the no other explanation concept. Death penalty was reduced.
Ballard v State - discusses hair evidence - whether it is or is not - similar to this case Supreme Court reversed the conviction and death penalty for acquittal.
Cox v State - Cox was convicted and sentenced to death and Supreme Court reversed for acquittal. State relied totally on circumstantial evidence and the Supreme court fund insufficient. Evidence of hair, blood, boot prints. Death sentence was reversed for acquittal.
Randall v State - another death penalty case reversed to 2nd degree because of the absence of evidence of premeditation. Premeditation is the distinction between 1st and 2nd degree murder. Reasonable hypothesis in this case is accidental drowning.
Absence of history - Serano had a history of bad blood, law suits, lock outs, execution shootings. In this case there is no evidence of anything other than a caring mother. No confession. Nothing but the circumstances that the state it trying to expand. As with yesterday, the cardboard and the heart sticker - nothing relating to the crime scene. The only evidence of heart shape is FBI's Fontaine who had observed an image of a heart shape, but they couldn't photograph it.
Duct tape - was it on the hair when decomp occurred? Hair mass fell down and positioned the tape "in the vicinity" of the mouth. The only person shown to have access to the duct tape is GA - per CA.
More to come...
Reynolds vs. State.
Most recently the Fla Supreme Court - Serrano v. State - (judge knows and I am intimately involved in) Supreme Court stated there is a special review required in a Capital Case (Darling Case). "Every reasonable hypothesis except that of guilt - where only proof is circumstantial.
Cox v State - accused presumed innocent - when State relies on circumstantial, must be inconsistent with any reasonable hypothesis of innocence.
Circumstances must be proven beyond any reasonable doubt. Referenced Dr. G.
Must be consistent with guilt and inconsistent with innocence.
Jury must be instructed of presumed innocence.
State has proven that ICA has a history of untruthfulness which began in 2006 with the existence of the Nanny.
They have established by stip that the trial is dead. No evidence as to when she died other than a monthly window - where she died - how she died - who, if anyone was with her when she died. And, they have failed poorly to rebut that there was accidental death and inappropriate efforts by those unidentified to cover up that accidental death.
Count 1 - No premeditation - even if there was a murder at all. Smith v State. No evidence of premeditation - there is stacking of inference and speculation.
HHJBP - Donald Smith v State?
CM: In Smith the wife was found floating in water wrapped in a blanket in chains. Husband did not report. Court ruled in this case that conviction of 1st degree murder had to be reversed and reduced to 2nd because there was no evidence of premeditation. Similar to this case - except there is no clear cause of death - per Dr. G and her speculation that it was a homicide because 100% of people report child drownings.
In Serano case (also submitted by State) circumstantial case resulted in a conviction. Serano was convicted of the execution style shooting murder of 4 people. No question as to cause and manner of her death (she was a prosecuting attorney who was just picking up her husband). Issue of circumstantial was whether Serano was the shooter. This case reiterated the special test that every reasonable hypothesis be excluded.
Another issue of Count 1 - Brooks v State. The law in this state that the underlying aggravated child abuse is merged. A single act? No evidence of any prior trauma, injury or act of violence whatsoever to this child. First 18 witnesses besmirched the character of the defendant but confirmed that ICA was a dedicated, doting, caring mother.
HHJBP - are you familiar with the DCA Lewis v State decision.
CM - seeking to distinguish the merger doctrine in Brooks?
HHJBP - pending and has been certified with the FL supreme court?
CM - until that changes, they are boss on this issue. Brooks is the law as of today.
Count 2 - child abuse - Kennedy v state - standard for agg child abuse - Court made error in not properly identifying what is meant by agg child abuse. Primary purpose of act is to cause pain and injury. There is no evidence of that - chloroform and duct tape - all witnesses were asked about torture and abuse.
Count 3 - aggravated manslaughter of a child - Caylee is dead - proven. Death caused by culpable negligence of ICA - not proven; and that Caylee was under the age of 18. Duct tape on or near the remains is not dispositive of any intentional act - nothing stronger than a suspicion. Ballard v State. No evidence of culpable negligence on the part of the Defendant. No evidence - none - as to causation of this child's death.
Counts 4, 5, 6 and 7 - (Lying to LE) Not a single appellate court case on this. Constitutionally deficient - no materiality.
HHJBP - isn't this argument a little late in the day?
CM - He thinks there was a motion to file this before he came on. Was she in custody and not mirandized? There is a jury instruction saying that if the statement was made involuntarily, the Jury must disregard them.
Baugh v State - lack of corroborating evidence
Reynolds v State - wholly circumstantial evidence case. 2 women murdered, no defensive wounds, but no question as to cause of death. Special standard of review applies. Serious questions raised in this case.
Cochran v State - case with confession, fingerprints, execution of lady at close range - page 2 of site. Circumstantial evidence has to so severely establish the no other explanation concept. Death penalty was reduced.
Ballard v State - discusses hair evidence - whether it is or is not - similar to this case Supreme Court reversed the conviction and death penalty for acquittal.
Cox v State - Cox was convicted and sentenced to death and Supreme Court reversed for acquittal. State relied totally on circumstantial evidence and the Supreme court fund insufficient. Evidence of hair, blood, boot prints. Death sentence was reversed for acquittal.
Randall v State - another death penalty case reversed to 2nd degree because of the absence of evidence of premeditation. Premeditation is the distinction between 1st and 2nd degree murder. Reasonable hypothesis in this case is accidental drowning.
Absence of history - Serano had a history of bad blood, law suits, lock outs, execution shootings. In this case there is no evidence of anything other than a caring mother. No confession. Nothing but the circumstances that the state it trying to expand. As with yesterday, the cardboard and the heart sticker - nothing relating to the crime scene. The only evidence of heart shape is FBI's Fontaine who had observed an image of a heart shape, but they couldn't photograph it.
Duct tape - was it on the hair when decomp occurred? Hair mass fell down and positioned the tape "in the vicinity" of the mouth. The only person shown to have access to the duct tape is GA - per CA.
More to come...
rosepetal1065
Ive got splinters..in the windmills of my mind....
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Blowhard much?
ami
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Wow, he doesn't even have to stick close to the truth, does he?
According to their own opening statement there's evidence of something "other than a loving relationship between mother and child".
No evidence of duct tape? (oh, except unless George used it - then he's willing to concede there is evidence...)
According to their own opening statement there's evidence of something "other than a loving relationship between mother and child".
No evidence of duct tape? (oh, except unless George used it - then he's willing to concede there is evidence...)
nursebeeme
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me too expecially when he just threw GA under the bus... again....
Horace Finklestein
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So let's see...fbi and professionals with PhDs are wrong, stupid incompetent...and Casey was a loving mother. Got it.
okiedokietoo
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as of yesterday a piece of cardboard was found 8' so away from body
re: heart shape on duct tape - somehow "poof" they couldn't photograph it at the FBI Crime Lab at Quantico
re: heart shape on duct tape - somehow "poof" they couldn't photograph it at the FBI Crime Lab at Quantico
Amity
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Above Bolded by Me
I totally agree!
Reminds me so much of another, Once Very Renowned attorney....... F. Lee Bailey.
Blustering, in-your-face type of lawyering.
Maybe it's the lawyer schooling from that era?
And before she leaves she will call Tony L to see IF he is still interested..
Mountain_Kat
Heca Firimar !
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HHJP: What record of accidental death?
GO HHJP, GO!!!!!!!!
GO HHJP, GO!!!!!!!!
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