2011.01.03 - Motions Hearing (Summary Thread)

Discussion in 'Caylee Anthony 2 years old' started by Chiquita71, Jan 3, 2011.

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  1. Chiquita71

    Chiquita71 New Member

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    Hello WS :)

    If this is not a good idea, mods please delete. I know you would like each subject broken up, but I don't know enough about what happened to break off and start subjects(not that I couldn't have waited). I was thinking this would go along with individual threads, not replace it. TIA mods. :blowkiss:
     
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  3. Chiquita71

    Chiquita71 New Member

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    http://www.wftv.com/news/26351374/detail.html

    Judge Perry said Monday in Orlando that Casey's defense attorneys missed deadlines last month. Prosecutors had asked that the attorneys be fined $500 a day until they provided the information.

    Judge Perry also ordered that the experts must provide written reports about what they will say at trial. Anything not in the reports or in depositions will not be allowed at the May trial.
     
  4. Chiquita71

    Chiquita71 New Member

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    So, the 500 a day. Is that something that is written in stone? Was that the sanctions the SA wanted?

    I think I get it now. The SA felt they had to make it about money to get the defense to do their job.

    Sad. How sad for our legal system? What else would I think the sanctions would be? What else would motivate this defense? The need for truth and justice, even the need to do their job and get their client free? No. It's moola.

    I thought I heard the judge speak about a gag order? Anyone know? TIA.
     
  5. Chiquita71

    Chiquita71 New Member

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    Okay. And I am going to steal this from TheWorldAccording who just posted on the Hearing thread that sanctions were awarded. Again, if I am doing anything against TOS here, please delete. The scope of how lost I was to what was going on with this hearing(except for its extreme importance)should show in the fact that I started this thread. LOL. :crazy:

    Starting this thread for the reason above: those know what is going on can say simply what others have no idea about.

    Sanctions were awarded. I consider that clarified but am open to what anyone else says or decides. TIA.

    ETA: I just read in Today's News that again, yes sanctions were awarded.

    Instead, Perry said the defense will be fined in an amount equal to the state's cost for bringing the motion for sanctions.

    The state will have to determine such an amount and submit paperwork to the court before Perry issues a final order on the amount of the fine.

    So, it's not 500 a day. It's going to cost the defense the amount it cost the SA to have to correct them? Okay. As long as the defense was told they had been caught not following the rules.

    If it is only going to be a lump sum, will the defense team still delay because it's not a "per day" type of thing? I really wonder if there is anything that could make people who so blatantly break rules and have zero respect for the process or law: do anything they are supposed to do?

    I will wait and see...
     
  6. Scamperoo

    Scamperoo New Member

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    I think the $500 per day is still on the table if they continue to drag their feet. HHJP gave them no illusions or freebies today and CM left muttering under his breath about never having been sanctioned before. I guess he heard the judge that time :)
     
  7. beach

    beach Administrator Staff Member Administrator Moderator

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    Chiquita, I think this is a great idea. The hearing and the motion thread were both flying at the speed of light today and I believe a lot of people are confused.

    For this to be productive, I think we should try to limit chit-chat and focus on the actual motions, rulings, etc... We NEED a thread where we don't have to wade through 30+ pgs to try to determine the outcome.

    Thanks!
     
  8. beach

    beach Administrator Staff Member Administrator Moderator

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    Yes, this. It was HHJP's promise for the future.
     
  9. Leila

    Leila Active Member

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    JP said something about Wednesday in this regard. I think the defense has to submit the written reports by Wednesday. JP told the defense they could tell the experts in questions that the court was leaning on them to get the written statement ASAP.
     
  10. Chiquita71

    Chiquita71 New Member

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    'Beach is being nice to me by posting in my sad little thread. Thank you 'Beach. Naw...it might come in handy. I'm going to eat some din din and take a break and wait to see what everyone has to say. I'm a little jazzed up, thanks for puttin up with me Websleuths!

    I am happy to know that the penalties for the defense breaking the rules will not stop with today. What a bumpy road to this trial.
     
  11. Leila

    Leila Active Member

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    I think this is a great idea! I didn't participate a lot in the hearing thread today as I was intently watching the hearing...........listening and looking at faces for reaction to what was being said. I find it difficult to go back and forth between the hearing and the WS thread without getting confused or missing something.
     
  12. faefrost

    faefrost New Member

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    Not quite. JB was hemming and hawing about the amount of time to get the reports. HHJP has ruled 7 days, but in a gesture to JB (and to basically give him even more rope to further hang himself) he will not be filing his order until Wednesday morning, so the 7 days will start then. This gives JB enough time to contact his experts and let HHJP know if there is a problem before he files the order. He will make any decisions on whether or not JB gets a couple more days for a specific witness based on that (but no way is he getting 30 days)
     
  13. Pattymarie

    Pattymarie New Member

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    So nothing was actually ruled on today? What was the actual point of the hearing?
     
  14. faefrost

    faefrost New Member

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    Oh there was some rather solid rulings today. The big one being the sanctions ruling. The defense has 7 days to provide written reports from any experts they plan on using at trial. Anything not in the reports or stated during deposition will not be allowed to be said at trial. (am I correct in taking that as "If they don't have a report they won't be taking the stand"?) Further JB was sanctioned for the costs associated with the sanctions motion and the willfull delays. Further this hearing was a rather amazing dressing down of the defense concerning deadlines and behavior. You really do have to watch it. It is by far the most interesting hearing to date. if nothing else it was fascinating to watch the wheels coming off the defense in real time.

    A few motions were ruled on. Mainly the ones that the Prosecution will not be challenging. So the defense managed to win that the JibJab video will not be used at trial (this one still blows my mind), they don't plan on using the knife for anything, and non expert witnesses will not be stating opinions.
     
  15. Aedrys

    Aedrys If justice doesn't get you, karma will.

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    And I don't think they can Ask Anthony R about having sex with Casey. A host of other motions got extensions so the State can respond. I just can't remember which ones those were specifically. Anyone know? I think they will be heard at the next status hearing, is that right? Or are they all split between an evidentiary hearing and a Frye hearing?
     
  16. beach

    beach Administrator Staff Member Administrator Moderator

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    THANK YOU!!! :bowdown:

    Proof this thread is a great idea. I have been trying to get a clear answer on that in the hearing thread and no one was clear on it. You answer makes sense.
     
  17. beach

    beach Administrator Staff Member Administrator Moderator

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    BBM

    I took some notes on this but it HHJP was talking at the speed of light (imo, he already knew what he was gonna do).

    It was my understanding that they can take the stand, BUT he will not allow them to offer any opinion that is not specifically layed out in their report. (The opinion has to be disclosed to the prosecution before being allowed to testify to it.)
     
  18. Sundance

    Sundance Genuine Registered User

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    I just listened to Part 1 and 2 of the hearing, and Judge Perry said the State will file an ffadavit declaring their expenses to file the motions and their attorneys' time to do so, and this will be the amount of sanctions he imposes.
     
  19. faefrost

    faefrost New Member

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    Yeah, but do the prosecutors have to even schedule a deposition without the court ordered discovery? So if they don't get the report, do they not do the deposition? And if so is there then nothing the expert can say at trial?
     
  20. AZlawyer

    AZlawyer Verified Attorney

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    Didn't they already take most of the depos, though?
     
  21. LCoastMom

    LCoastMom JUSTICE FOR CAYLEE MARIE - STILL WAITING

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    So in reality HHJP gave JB & crew nine days? But the sanctions start.... on the original due date? Wednesday? or 7 days from Wednesday?

    I'm missing how this is giving JB more rope? Is he still unlikely to be finished and will then face more sanctions or more extensions?

    Sorry we're having power issues today so I missed the hearing.
     
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