Discussion in 'Media Links/General Discussion/Rules and Stickies' started by Angel Who Cares, Oct 5, 2009.
2009.10.05 Today's Current News - ***NO DISCUSSIONS HERE PLEASE ***
JB on Geraldo 10/04/09
[ame="http://www.youtube.com/watch?v=cgGJ9KnbEYo"]YouTube - Geraldo with Jose Baez 10/4/09 Part 1[/ame]
[ame="http://www.youtube.com/watch?v=5UJFoLRDW0g"]YouTube - Geraldo with Jose Baez 10/4/09 Part 2[/ame]
ORLANDO, Fla. -- Monday prosecutors fired back at a motion by Casey Anthony's defense to have murder and aggravated child abuse charges dropped.
In a motion to strike, prosecutors argued that the paperwork filed by attorney Jose Baez and Casey Anthony's other attorneys is "legally flawed." The state said that in its current form Anthony's motion to dismiss is not even worth Judge Stan Strickland holding a hearing to consider it.
Speaking on WESH 2 News last week, defense attorney Richard Hornsby predicted this would be the state's response. WESH 2 is working to get a hold of the paperwork and will have more today on WESH 2 news, starting at 4 p.m.
UPDATED: Man Says He Saw Caylee Hours After Her Grandfather
Jim Thompson Says He Saw Caylee, Casey Anthony At Walmart
POSTED: 2:21 pm EDT October 5, 2009
UPDATED: 6:20 pm EDT October 5, 2009
In a motion to strike, prosecutors argued that the paperwork filed by attorney Jose Baez and Casey Anthony's other attorneys is legally flawed. The state said the flaws in the motion to dismiss are "glaring and fatal," and that in its current form it is not even worth Judge Stan Strickland holding a hearing to consider it.
Also, a week before Caylee disappeared, Maitland computer store owner Jim Thompson said Casey Anthony came in looking to buy a monitor. Caylee sat in a chair right across from him. He said he asked the quiet little girl her name.
A week later, the day after Father's Day, Thompson said he saw the same woman coming out of this Casselberry Walmart. He said Caylee was a good ten feet behind and had to open a heavy door by herself.
Thompson estimates he saw Caylee alive at around 4 p.m. Cell phone tower pings show Anthony was at or near her boyfriend's apartment at around 5 p.m. That's less than four miles from the Walmart.
Video: Witness Talks About Caylee Sighting
Video: Prosecutors: Anthony Motion Legally Flawed
Criminal Case Docket Updated!
Event Date-------Event Time----------------Description-------------------------------------Location
10/12/2009---0900---MANUAL - TRIAL---------ROOM 6-D ON THE SIXTH FLOOR
Docket Date----Defendant-------------------------------Docket Entry
10/5/2009---A---MOTION TO STRIKE DEFENDANT'S LEGALLY FLAWED MOTION TO DISMISS COUNTS I AND II OF THE INDICTMENT AGAINST CASEY MARIE ANTHONY
State: Casey Dismissal Motion 'Flawed'
Prosecution Asks Judge To Throw Out Motion
POSTED: Monday, October 5, 2009
UPDATED: 4:29 pm EDT October 5, 2009
Saying the defense's motion to dismiss was “legally flawed” and “inartfully” crafted, assistant state attorney Linda Drane Burdick asked the judge to strike the motion – meaning it should not be considered because it violated Florida Rules of Criminal Procedure.
“The flaws in Miss Anthony’s motion are glaring and fatal,” Drane Burdick wrote, saying Anthony herself would need to swear under oath to whatever facts she claims prove she is being illegally prosecuted.
“The court cannot even begin to consider the motion because Miss Anthony has alleged no facts and had not sworn to any material facts,” the prosecutor claimed.
The defense motion did not include a sworn statement from Anthony.
“If and when Miss Anthony decides to swear to any or all material facts, the State of Florida will issue the response required,” the state said.
The state’s motion to strike goes on to say that even if its evidence is “all circumstantial,” the judge must wait until the close of all evidence at trial before ruling whether the charge should be dismissed.
MOTION: Death Penalty
Casey’s Attorney Answers ‘Plea Deal’ Question
Posted: 5:21 pm EDT October 5, 2009
Updated: 6:19 pm EDT October 5, 2009
For the very first time in the case against Casey Anthony, her lawyer says he won't rule out the chance of a plea deal.
"Any plea that would ever be taken would have to be taken by Casey,” Jose Baez told Geraldo Rivera during an interview over the weekend.
Prosecutors still haven't publicly offered a deal to Casey, but over the weekend talk show host Geraldo Rivera asked Baez, with all the evidence against Casey, why not agree to a plea deal to save her life. Baez says it’s up to Casey.
“Well, that’s not my decision to make. Umm, that, any plea that would ever be taken would have to be taken by Casey and she would have to accept a plea, if one were offered,” Baez told Rivera.
“The proper response would have been, ‘Are you kidding me? She’s innocent! We pled not guilty. We are going to trial,” WFTV legal analyst Bill Sheaffer said.
Eyewitness News received no response from Baez in attempts to get his comments Monday.
BAEZ TALKS: 'Plea Deal' Comments To Geraldo
SHEAFFER ANALYSIS: Legal Analyst On Baez Comments
*NOTE: In this video near the end Kathi Belich reports that a hearing for the latest motions will be held Oct. 16th, 2009
VIDEO REPORT: Casey Anthony's Lawyer Comments On 'Plea Deal'
DOCUMENT: State's Case File On Duct Tape
Casey Anthony: WFTV asks if Jose Baez signals shift in defense
posted by halboedeker on Oct 5, 2009 5:39:15 PM
"That's not my decision to make," Baez told Rivera. "Any plea that would ever be taken would have to be taken by Casey, and she would have to accept the plea if one were offered."
WFTV legal analyst Bill Sheaffer scoffed at Baez's response: "The proper response would be: Are you kidding me? She's innocent. We've pled not guilty. We're going to trial."
Sheaffer again blasted the defense's approach: "There's one thing consistent about the defense. And that's their ability to continue to make inconsistent statements, one right after another."
Baez had no response to WFTV's story, Belich said. But WFTV put the Rivera interview at the top of its 5 o'clock news tonight. "Up until now, Casey's defense team and her family have insisted there would be no deal," anchor Bob Opsahl said.
State Wants Dismissal Motion Thrown Out In Casey Case
Monday, October 05, 2009 4:41:45 PM
The state has filed a new motion in the case.
It all started with Casey's defense attorneys filing a motion saying that the charges of first-degree murder and child abuse should be thrown out.
The state said the motion is flawed and should be thrown out.
The state attorney's office actually calls the motion "glaring and fatal."
MOTION: State Seeks Dismissal Of Defense's Motion To Throw Out Charges Against Casey
http://www.cfnews13.com/uploadedFiles/Stories/Local/1005 Casey Motion.pdf
Witness Talks About Caylee Sighting
A week before Caylee disappeared, Maitland computer store owner Jim Thompson said Casey Anthony came in looking to buy a monitor.
Casey Anthony case: State responds to defense's motion to dismiss murder and child abuse charges
6:07 p.m. EDT, October 5, 2009
Prosecutors in the case against Casey Anthony responded to her defense team's motion to dismiss the murder and aggravated child abuse charges by reminding them about Florida's criminal procedure rule.
Assistant State Attorney Linda Drane Burdick called the defense motion "legally flawed" and "glaring and fatal."
Last month, Anthony's defense team filed a motion to dismiss the murder and aggravated child abuse charges. They argue there isn't enough evidence to support the charges.
Burdick ended the state's response by adding that it will be decided at the "close of all evidence" if the state carried its burden of "excluding all reasonable hypothesis of innocence."
The judge has not ruled on the issue.
Hearing set for next Friday Oct 16 in the am.
at the 2:41 mark near end of this clip
Separate names with a comma.