Discussion in 'Media Links/General Discussion/Rules and Stickies' started by Angel Who Cares, May 5, 2010.
2010.05.06 - Today's Current News - ***NO DISCUSSIONS HERE PLEASE ***
UPDATED: Casey Anthony cost records to be public but her experts can testify
Defense attorneys can still request other documents to be sealed to keep experts secret.
8:26 p.m. EDT, May 6, 2010
Casey Anthony's defense team received some of what it desired in court on Thursday, but its requests for expenses in the case will still be open to the public. Orange-Osceola Chief Judge Belvin Perry ruled that the defense can use — and have the public pay for — more than a dozen expert witnesses they requested to defend Anthony, the 24-year-old accused of killing her toddler daughter.
During a half-day hearing of a series of defense requests, the judge said the defense could keep its experts on plants, anthropology, computers, pathology, forensic chemistry and DNA. And Anthony gets to keep Dr. Henry Lee, famed criminologist of the O.J. Simpson case. Prosecutors have their own experts on these topics.
Perry also granted permission for defense to keep its mitigation specialist, who has critical role in the case if Anthony is found guilty and could face capital punishment. Perry did warn attorneys that he would go over the specialist's expenses with "a fine-tooth comb." But Anthony's team lost a request to keep private the records of how much the defense will cost. The defense had asked Perry to seal documents to be submitted to the Justice Administrative Commission, a state agency that is responsible for paying out defense costs, arguing that not sealing them would threaten Anthony's right to a fair trial.
Also Thursday, the defense filed a request for Perry to reconsider several motions, such as access to grand jury testimony by Anthony's father and access to records for a volunteer search group, ruled on by Orange Circuit Court Judge Stan, who stepped down from the case last month.
Casey Anthony (left) stares forward Thursday, May 6, 2010 as her lawyers ,Cheney Mason, (center) and Jose Baez (right) confer.
VIDEO: Judge denies Casey Anthony's request to seal defense cost records 4:10
VIDEO: Attorney for Casey Anthony asks for expert in Taphonomy 3:42
Casey Anthony case video
Casey Anthony case photos
Casey Anthony case audio clips
INTERACTIVE GRAPHIC: A look inside Casey Anthony's courtroom
Complete coverage of the Casey Anthony case
UPDATED: Judge: Casey’s Costs Are Public
Thursday, May 06, 2010 6:30:10 PM
The defense team wants to keep how much money is spent on her case private. “The public is paying for this defense, and there is information in the JAC records that the public is entitled to,” argued Rachel Fugate, attorney for the Orlando Sentinel. “They should know how much they’re paying for.” Perry agreed with Fugate, and denied the defense’s motion, saying now that Casey has been declared indigent, all costs have to go through the Justice Administration Commission.
The defense argued the media would try to speculate their strategy every time they spent a dime, and stop Casey from having a fair trial.
While the judge’s ruling was not what the defense was hoping for, lawyers did get some things going their way. The defense will be able to keep some of their expert witnesses a secret. Perry proceded to consider whether each out-of-state expert should be allowed to stay on the case, as the cost to accomodate them in Central Florida is expensive.
Meanwhile, everyone will be back in court Monday and Tuesday to argue all the outstanding motions in this case.
VIDEO: Spending Money
*Motions for today's hearing for quick reference!
Motion to Seal All JAC Documents (pdf)
http://www.cfnews13.com/uploadedFiles/Stories/Local/CA motion to seal jac records.pdf
Motion to Approve Out-of-State Experts (pdf)
UPDATED: Casey Anthony judge denies seal request
Updated: Thursday, 06 May 2010, 9:58 AM EDT
Published : Thursday, 06 May 2010, 6:43 AM EDT
Circuit Judge Belvin Perry has denied a request from Anthony's attorney to seal all records related to the public funding of her defense.
Judge Perry said Anthony's attorney failed to prove that releasing the information would jeopardize her right to a fair trial. He had argued that making the records public could reveal strategy and the type of expert witnesses the defense is hiring.
Additional hearings will be held next week. Motions to be addressed on Monday include steps by the Anthony defense team to change the location for the murder trial, seal jail visitation logs and exclude hearsay evidence and lay opinion testimony brought forth by the prosecution. On Tuesday, the defense will present arguments against the death penalty, which they contend is unconstitutional.
Watch the hearing live on MyFoxOrlando.com >>>
UPDATED: Judge Allows Casey Funding Records To Remain Open
Hearing Held Thursday At Orange County Courthouse
POSTED: 11:59 am EDT May 5, 2010
UPDATED: 1:31 pm EDT May 6, 2010
A judge denied a motion from Casey Anthony's lawyers on Thursday to seal all state records indicating how her defense is funded.
In the motion, Anthony's attorney, Jose Baez, said their case could be compromised if every invoice that they submit for reimbursement from the state becomes a public record. Baez said the public disclosure of the invoices could lead to "rampant speculation as to the defense strategy."
Perry did rule that some information in the records could be redacted and specific situations may require hearings to determine whether information should be sealed.
The defense needed to have authorization from Perry to begin spending money. The team also needed to know how much will be available.
Video: Judge Allows Casey Funding Records To Remain Open
Video: Judge Keeps Funding Records Open
Civil Case Docket Updated!
Events & Orders of the Court
05/04/2010---Pre-Trial Civil---1:30 PM---Judicial Officer Rodriguez, Jose R.---Parties Present---Result: Hearing Held
05/04/2010---Motion for Continuance---JOINT Motion for Continuance
05/04/2010---Motion for Continuance---joint
05/05/2010---Order Granting---joint stipulation for continuance
Criminal Murder Case Docket Updated!
Events & Orders of the Court
05/03/2010---Order---Setting Motion Hearings
05/03/2010---Order---Regarding Deposition Schedule
05/04/2010---Motion---to Seal All Justice Administration Commission Documents
05/04/2010---Motion---Amended Motion for Justice Administration Commission (JAC) Hearing & Motion for Approval of Out of State Mitigation Specialist & Expert WItnesses
05/05/2010---Amended Notice of Hearing
05/05/2010---Notice of Hearing
05/06/2010---Hearing---9:00 AM---Judicial Officer Perry, Belvin, JR---Justice Commission Budget Hearing
05/06/2010---Court Minutes---Hearing on Justice Commission Budget
05/06/2010---Court Minutes---Hearing on Motion to Seal all Justice Administration Commission Documents
05/06/2010---Case Law(s)---Filed in Open Court
05/06/2010---Motion---Defendant's Motion for Reconsideration of Certain Prior Rulings by Disqualified Judge
05/06/2010---Motion to Intervene---for the Limited Purpose of Opposing Defendants Motion to Seal all Justice Administration Commission Documents
05/06/2010---Memorandum---in Support of Request for Reciprocal Compliance
05/06/2010---Response---to Motion for Statement of Particulars Providing Notice of Aggravating Circumstances and Conditional Request for Reciprocal Compliance
05/10/2010---Hearing--9:00 AM---Judicial Officer Perry, Belvin, JR.---Motions
05/11/2010---Hearing---9:00 AM---Judicial Officer Perry, Belvin, JR.---Pending Motions on Death Penalty
UPDATED: Judge Denies Anthony Records Request
POSTED: Wednesday, May 5, 2010
UPDATED: 7:01 pm EDT May 6, 2010
The trial of Casey Anthony, who is charged with murdering her toddler daughter, will be a "battle of the experts" because of circumstantial evidence in the case, a judge said Thursday as he picked which specialists defense attorneys could hire with public funds.
During Thursday's hearing, Orange County Circuit Judge Belvin Perry denied requests to spend public money on four expert witnesses and forensic tests requested by Anthony's defense attorneys. The judge nixed a trace evidence expert, a cell phone expert, a jury consultant and money for a car to replicate evidence found in Anthony's car. "A blanket order to seal, the court finds that the defense at this time has not met its burden to show that a serious and imminent threat to a fair and partial trial has been met," Perry said.
Perry approved spending public money on 10 other experts, including a bug expert, a forensic anthropologist, a forensic botanist and famed forensics expert Henry Lee, who has worked on the Phil Spector and JonBenet Ramsey cases. Those experts can give opinions on body decomposition based on plant growth and insects found around a body.
Perry denied a request from Anthony's attorneys to seal all records related to the public funding of her defense. The defense attorneys had argued their release would jeopardize her right to a fair trial by revealing defense strategy.
IMAGES: Today's Hearing 5/06/10 1-30
VIDEO: Judge Denies Anthony Records Request 1:49
A judge has denied a request from Casey Anthony's attorney to seal all records related to the public funding of her defense.
UPDATED: Judge Won't Seal Casey's Defense Spending Records
Posted: 4:37 pm EDT May 5, 2010
Updated: 6:37 pm EDT May 6, 2010
Baez made further arguments to support the defense motion and then Judge Perry responded by pointing out Florida Statute 119 (read statute), which deals with access to public records. “One more question, Mr. Baez, before you take your seat. The JAC is a state agency,” Judge Perry said. “Are there any particular statutory exceptions under [statute] 119 that you’re relying on or are you just relying on what you just told me?” “I’m relying on my previous arguments,” Baez said.
After speaking briefly on the rules governing the release of such documents, Judge Perry quickly responded with his decision on the defense request. “The court finds that the defense, at this time, has not met its burden to show that a serious and imminent threat to a fair, impartial trial has been met," Judge Perry said. Judge Perry, though, did offer some flexibility and suggested that there could be some JAC documents that are sealed. “Basically, we’ll have to do this on a case by case basis, or expert by expert basis,” Judge Perry said and quickly moved the hearing forward. “That takes care of the issue of the motion to seal. I guess the next thing to take care of is setting a budget.”
Baez began the budget discussion with Dr. Henry Lee, one of the forensic experts the defense has used throughout the case. However, Dr. Lee is out of state, something the defense filed a motion to seek coverage for despite the JAC's hesitation to pay for out of state witnesses. "While the JAC has this rule to encourage people to use instate experts, in this case the work Dr. Lee has done can't be replicated by anyone at this late state in the trial," Judge Perry said, authorizing the defense to continue to use Dr. Lee as an expert in their case.
“Miss Anthony has requested to waive her appearances at these type of things,” Mason told the judge as the hearing was coming to a close. “She’s rather stay where she is.” The judge, however, said that in death penalty cases things could come up where she may be needed for a response. “It has been my experience that, in capital cases, that defendants need to be present during the preceding,” Judge Perry said. “If Ms. Anthony is found guilty of anything, it will lead to a post conviction relief proceedings, maybe ... and it always gets back to ‘my lawyer didn’t tell me this’ and ‘if I would have been there I would have done A, B, C, D.’” Judge Perry, however, did say she did not have to attend status hearings that simply check on the progress on the case, but don’t argue motions.
DEFENSE WANTS JUDGE TO RECONSIDER RULINGS
Shortly after Thursday’s hearing, Casey's defense team asked Judge Perry to rule a second time on motions the old judge had shot down. The motions dealt with some EquuSearch issues, George Anthony's grand jury testimony and tips gathered by law enforcement on November 4, 2008.
WHAT'S NEXT IN THE CASE?
Next Monday, Chief Judge Belvin Perry will hold a hearing to review any pending motions. The next day he'll hear motions related to the death penalty. By May 17, both the defense and prosecution must submit a deposition schedule.
*Much More At Link!
READ NEW MOTION: Motion To Reconsider Strickland Rulings
RAW VIDEO: Casey Anthony Budget Hearing Part 1
RAW VIDEO: Casey Anthony Budget Hearing Part 2
RAW VIDEO: Casey Anthony Budget Hearing Part 3
RAW VIDEO: Casey Anthony Budget Hearing Part 4
RAW VIDEO: Casey Anthony Budget Hearing Part 5
RAW VIDEO: Casey Anthony Budget Hearing Part 6
IMAGES: Casey Awaits Start Of Hearing
RAW VIDEO:Casey Anthony Waits In Court For Hearing
IMAGES IN COURT: Baez, Judge, Others In Court
RAW INTERVIEW: Jose Baez Talks To WFTV After Budget Hearing 4:29
Casey Anthony's Attorney, Jose Baez, spoke with WFTV after her budget hearing Thursday. (05/06/10)
VIDEO REPORT: Casey Anthony Attends Budget Hearing 2:06
RAW INTERVIEW BILL SHEAFFER: Analysis Of Thursday's Hearing
VIDEO REPORT: Attorney Asks Judge If Casey Can Skip Future Hearings
MOTION: Seal Spending
MOTION: Pay For Experts
VIDEO REPORT: Casey Anthony Defense Wants Spending To Be Secret 2:25
Casey's attorneys are trying to prevent the public from knowing how tax dollars are spent. (05/05/10)
*FYI: Hearing Is Live On TruTV & discussing the case till 3PM today!
Casey Anthony: Judge Belvin Perry wows truTV analysts
posted by halboedeker on May, 6 2010 10:50 AM
On “In Session,” Vinnie Politan said, “Wow! Again, I am just absolutely shocked at the difference that we’re seeing inside this courtroom … and the way the judge is approaching everything. He is thorough, he is fair, and he’s getting stuff done.”
Politan said Perry was walking a tight rope in trying to give Anthony a fair trial but also watch taxpayer dollars.
“I think he’s doing a fine job of walking that tight rope,” said former federal prosecutor Sunny Hostin. ”His reasoning is very judicial … And I don’t think he’s giving the prosecution more leeway than he is giving the defense, and vice versa.”
Casey Anthony: Defense ‘having its wings clipped,’ WFTV reports
posted by halboedeker on May, 6 2010 12:28 PM
WFTV-Channel 9 anchor Vanessa Echols noted that Chief Circuit Judge Belvin Perry Jr. had refused a defense request to have its financial records sealed.
“The defense is having its wings clipped, for sure, after flying through $340,000,” WFTV’s Kathi Belich reported. “The judge is clamping down now on defense spending.”
Belich noted that Perry rejected defense requests for a jury-selection consultant and for two forensic pathologists (the defense gets one instead). But Perry allowed the defense to keep Dr. Henry Lee and some other out-of-state experts.
Judge Won't Seal Casey's Defense Spending Records
Posted: 4:37 pm EDT May 5, 2010
Updated: 6:30 pm EDT May 6, 2010
The case against Casey was back in court Thursday, but Casey didn't want to be. Her attorneys asked a judge to let her stay in jail during her court hearings. They also laid out their plans to spend thousands more of your tax dollars.
The judge said no to several of their requests, including their motion to seal spending records.
much more at link!
Murder Docket Updated:
05/06/2010 Hearing (9:00 AM) (Judicial Officer Perry, Belvin, JR)
Justice Commission Budget Hearing
05/06/2010 Court Minutes
Hearing on Justice Commission Budget
05/06/2010 Court Minutes
Hearing on Motion to Seal all Justice Administration Commission Documents
05/06/2010 Case Law(s)
Filed in Open Court
Defendant's Motion for Reconsideration of Certain Prior Rulings by Disqualified Judge
Read Motion Here: http://www.wftv.com/pdf/23477589/detail.html
05/06/2010 Motion to Intervene
for the Limited Purpose of Opposing Defendants Motion to Seal all Justice Administration Commission Documents
in Support of Request for Reciprocal Compliance
to Motion for Statement of Particulars Providing Notice of Aggravating Circumstances and Conditional Request for Reciprocal Compliance
05/10/2010 Hearing (9:00 AM) (Judicial Officer Perry, Belvin, JR)
05/11/2010 Hearing (9:00 AM) (Judicial Officer Perry, Belvin, JR)
Pending Motions on Death Penalty
Casey Anthony: What kind of day was it for Casey Anthony’s defense team?
posted by halboedeker on May, 6 2010 5:45 PM
WFTV-Channel 9 listed setbacks today in a hearing on expenses for the indigent defendant:
***Her attorneys asked that she not have to attend hearings. “Casey Anthony doesn’t like people criticizing her appearance or actions, so she asked to stay in jail during future hearings,” WFTV’s Kathi Belich said. But Chief Judge Belvin Perry said she would have to attend most of them, saying he didn’t want to give her grounds for an appeal.
***The defense wanted to keep its experts’ names secret, but Perry “made defense attorney Jose Baez name names,” Belich said.
***The defense wanted to buy two cars — with taxpayer money for $6,000 — to conduct air tests; Perry denied the request.
Why that request? ”While it may sound like a silly idea, it gives you a sense of how closely the defense wants to challenge the so-called sniff test showing the odor in the car of Casey’s was from decomposition,” WESH-Channel 2’s Bob Kealing said.
New Motion Filed today:
Defendant's Motion For Reconsideration of Prior Rulings by Disqualified Judge
Separate names with a comma.