2010.05.03 Steph Watts/Blogtalk radio -Brad Conway talks about Casey Anthony Case

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I think you mean 5-3. :)

Thanks Steph, had a feeling I was going to messing up the dates. I'll need to PM a mod though as I can't edit it.

I think one of the most interesting things to come out of the show was when Brad Conway stated he will probably have to file a motion on behalf of the Anthony's to allow them to be abel to attend court to view all the proceedings even though they will more than likely be called as witness's.

It hadn't occurred to me that as witness's they would not be allowed in the courtroom until they had testified.

That will be an interesting hearing - especially if it is denied.
 
I want the A's to be able to hear everything. I think they need to if they are ever going to accept what has happened.
 
I want the A's to be able to hear everything. I think they need to if they are ever going to accept what has happened.

But witnesses are not allowed to hear what everyone else is saying. Of course, the A's want to be treated differently...
 
But witnesses are not allowed to hear what everyone else is saying. Of course, the A's want to be treated differently...

What if they were called early on? Would they be able to hear the rest?
 
No, they are witnesses. Why should an exception be made for them?
 
Once they have testified and all cross examinations have occurred I think they will allow them into the courtroom. Otherwise, I doubt it. Witnesses are not allowed to be in the courtroom. I think Brad can forget it.
 
I can't imagine CA being told to do anything...I know it is law that witnesses can't be in the trial..but I can't get my brain wrapped around them not being allowed in the courtroom and CA taking it submissively.

Do we have any other cases where the family was not allowed to be in the courtroom because they were witnesses?
 
I assumed this case would be televised on TruTVs "In Session". It never occurred to me it wouldn't!!!! (Pleeeeeeeaaaase televise it!) The A's will have the ability to watch the trial if it is televised won't they? How can you monitor what a witness does during a televised trial? I remember the witnesses in the Spector case being asked if they had been watching the coverage of the trial while on the stand (some admitted to watching "a little"). Sorry if this is too O/T.
 
No, they are witnesses. Why should an exception be made for them?

What about closing arguments then? At least they can hear a summary of what their dear daughter did to precious Caylee. I want them there not because I think they deserve an exception but because I want them to hear what this daughter that they are defending allegedly did to Caylee. I want them to hear the details. I want them to have to avert their eyes if crime scene photos are shown. If shown only to the jury I want them to have to see their horror.:furious:
 
I can't imagine CA being told to do anything...I know it is law that witnesses can't be in the trial..but I can't get my brain wrapped around them not being allowed in the courtroom and CA taking it submissively.

Do we have any other cases where the family was not allowed to be in the courtroom because they were witnesses?

Good question Mamabear. IIRC in both OJ and Scott Peterson's trial the family members of the victims testified. In Spector the daughter of the defendant testified. In Spector I know the daughter was not present throughout the trial and I'm positive she wasn't present prior to her testimony. In OJ and Peterson though I was under the impression the family was present in the courtroom from the very beginning. I wonder if there is a difference between being the victim's family and being a witness, or the defendants. I guess I'm off to the questions for the lawyers thread!
 
oh my, it might not be a given according to this:

http://www.lawyers.com/~/link.aspx?_id=D33F3016-FA9B-4C84-A4B0-B3334B82CDB3&_z=z
Excluding Witnesses from the Courtroom
In a criminal trial, either side can ask the judge to exclude witnesses from the courtroom while another witness testifies. This is usually done before the trial begins by filing a Motion for Sequestration.
---
A more complicated question arises when determining if the crime victim should be excluded or exempted. With the recent push for victims’ rights, several states exempt victims from exclusion orders. Nevertheless, a judge may exclude a victim if hearing other testimony might influence their testimony or if the defendant’s right to a fair trial is impaired.
 
Personally, I think the judge should sequestor the Anthony's. IMHO, Cindy will not have the strength or willpower to avoid the TV or newspaper. Do we trust that she'll obey the judges orders?

MOO

Mel
 
slightly OT:
I have a friend whose son was murdered 4 weeks ago. They caught a man and a woman FINALLY (hooray) (they look like scum in their mug shots). Well, I thought I saw that some sort of court thing was coming up on a specific date. I gingerly asked my friend if she would be there (I would be!) --she said the most remarkable thing..she said, Well, no one told me about any court thing, and I'm letting the authorities tell me what I need to do and where I need to be.
WOW. I had to think how un-anthony a response that is....and how wise.
 
If I am not mistaken, once a witness has testified, and has been cross examined, they may remain in the courtroom if the JUDGE HAS EXCUSED THEM.

In some circumstances, either the prosecutor or the defense attorney can request that they be "held over", in the event that they may be called back to the stand later in the trial. In that circustance, the witness would have to leave courtroom to prevent them hearing testimony conducted after theirs.

To the best of my knowledge, Kent is exactly right.

I understand why others want them in the courtroom to hear everything, however, I can't think of any 2 people who need to excluded before testifying in full more than George & Cindy Anthony. For almost 22 months we've seen first hand their attempts at damage control anytime someone comes forward with testimony incriminating their daughter. CA & GA are an attorney's worst nightmare when it comes to client control. (just ask Mark NeJame ;) ) If CA were allowed to sit in and heard another witness's testimony that she thought incriminated her daughter, it would not matter if she were asked on direct or cross - she would attempt to slip in her side of the story refuting such testimony. If that happened, JP would give her a nice little dressin' down, however like the old saying goes, "you can't unring a bell". I really don't think she could contain herself. Cindy is a control freak of the highest degree, however she has zero self-control. (e.g., the civil depo)

That said, I suspect they will be called pretty early during the SA's case in chief. What remains to be seen, is if Judge Perry will excuse them.

They will be admonished by the judge to not view the televised proceedings. Raise your hand if ya think they will comply with that order. :rolleyes:
 
I can't imagine CA being told to do anything...I know it is law that witnesses can't be in the trial..but I can't get my brain wrapped around them not being allowed in the courtroom and CA taking it submissively.

Do we have any other cases where the family was not allowed to be in the courtroom because they were witnesses?

Here is one case :-
http://legacy.signonsandiego.com/news/metro/danielle/20020601-9999_7m1mudd.html

I am sure this is the way it usually is..
 
I can't imagine CA being told to do anything...I know it is law that witnesses can't be in the trial..but I can't get my brain wrapped around them not being allowed in the courtroom and CA taking it submissively.

Do we have any other cases where the family was not allowed to be in the courtroom because they were witnesses?

BBM

The first one that comes to my mind is Denise Brown, Nicole Brown Simpson's sister.
 
It is pretty common that witnesses who will be called to the stand are not allowed to be in the courtroom during testimony being given by others in the case. If they WERE allowed to be present, imagine how their testimony could change based upon what they have heard other witnesses testify to with their own ears???? How could you ever find their tesimony credible if they have been given the opportunity to hear what everyone else has said and then change their testimony to either refute or back up prior witnesses?

Judge Perry will not fall for this bull, and IMOO he won't even entertain the idea. This is (again IMOO) yet another example of the queen of control trying to exert her will on something over which she has ZERO ability to control.
 
I do believe JPJr. will not allow the Anthonys in the courtroom until after they've been excused as witnesses. GA for sure, since he is the one who kept telling LE about the smell from the car and especially since it was he who testified at the Grand Jury Hearing...

CA will have to abide by the judges orders even though she will be unaccepting of it. Even as she states she wants the truth, IMO she will not accept the truth even when Inmate Anthony is found guilty. She is a loose cannon and the defense may even want her excused..wishful thinking but I can just see her trying for a mistrial with her shout outs for she can't contain herself. I'm surprised she's been this quiet for so long. I wonder how she'll react if she used as the pinnacle of why Inmate Anthony is the way she is...

Judge Perry Jr. is about law and procedures he will do what's right, he's thinking about trial time and how he will handle the jurors and wants them sequestered during the trial and after as they deliberate on a verdict.
 
wayyy O/Tfor just a sec - I LOVE how LiveLaughLuv calls her 'Inmate Anthony'!
I wish NG would adopt that and let go of 'Tot-mom'.
 
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