Discussion in 'Trial Archive - Threads and References' started by beach, Jun 19, 2011.
motion to dismiss
Hope the judge holds on to this one and they don’t get a decision until he sees the verdict.
might argue it in the morning,
something different about this motion to dismiss
What did HHJP just say about attorney flapping his jaws
Well after hearing the Judge give the rest of the story, you should feel much better now. It was not the State being slimy, it was JB thinking he could get by without Rodriguez's testimony. :waitasec::waitasec:
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[ame="http://www.websleuths.com/forums/showthread.php?t=140979"]2011.06.24 Sidebar Thread (Trial Day Twenty-seven) - Websleuths Crime Sleuthing Community[/ame]
Jury excused at 4:45
HHJBP - Defense estimate of when you are winding up?
JB - Thursday
HHJBP - State rebuttal?
LDB - one or two days.
HHJBP - Closing arguments?
JB - Interesting issue. State had requested to split up the closing arguments among lawyers, this would give the State four opportunities to give closing arguments. We would object and I would like the Court's guidance.
HHJBP - 4 closing arguments? Opening and rebuttal.
JB - If split up - it's 2 for opening and 2 for rebuttal.
HHJBP - he only intends on allowing 1 lawyer. He can understand splitting the opening argument, but not rebuttal.
JA - they can have as many attorneys as they like on their closing.
HHJBP - how much time will you be requesting State?
LDB - a half a day (?) (Couldn't hear what she said)
JB - I was thinking less, but..
HHJBP - half a day or until the jury goes to sleep?
I will give you an instruction on Monday. Are you familiar with former Judge Farrerre's (sp) info on closing argument?
HHJBP - Discovery violations?
JB - YM's comment abut RK's phone records. He has only received two weeks of them. YM also said he had the phone records of GA during that time period or any other A's. "I am quite shocked to hear this".
LDB - My speculation is that the records are on the disks that they have been provided. However, JB has subpoenaed all of RK's records and RK's lawyer responded and the Court put parameters on that. She will inquire of YM. She believes YM testified he had home phone records for the A's, not GA's, but she will work with JB to compare info.
HHJBP - Anything else Mr. Baez?
JB - I will work with LDB and possibly recall YM
HHJBP (haha - I think he just called RK Mr. Krunk) He did not recall the State trying to introduce any phone records that they did not give to the Defense. It's a little late in the day to be going after red herrings
HHJBP - Anything else?
JA - request for instruction regarding Dr. Rodriguez. It's a comment on evidence not before the jury - that his employer - the DOD - won't allow him to testify is not true. It is because his testimony is prohibited by the rules of the DOD and therefore he is in violation. He did not believe the Defense wanted that instruction. They could have subpoenaed him and ruined his life and they didn't and JA applauds the Defense for that.
CM - It was JA who said that he had received a phone call from the DOD saying Dr. Rodriguez would be terminated if he testified and they weren't told that until after his depo. He could have been forced to testify and/or put in jail.
HHJBP - it is also true, is it not, that what was represented was that he did not get the DOD to testify.
CM - I don't know that. JB talked to him.
JB - We don't know that. All we know is that he came, he started his testimony, there was a break, he gave his depo, JA had a call from the DOD on a Saturday.
JA - he received a phone call from Dr. Rodriguez's employer at the DOD and informed him that he had seen it on tv and that it was a violation of the DOD and he had not sought permission and if he continued, he would be fired.
JB - JA also requested an additional 24 hours to review the depo, knowing full well that Dr. Rodriguez was in the hot seat. We have a motion forthcoming.
JA - The Court simply needs to inform the jury that the witness is withdrawn and to disregard the testimony. If Counsel wants to file something - bring it on.
JB - We will.
HHJBP - He will need Dr. Rodriguez's employer to testify and Dr. Rodriguez also and we can find out if it is a DOD regulation and whether he sought permission to do this. If not, because I offered on Saturday, to order him to be held over until Monday to testify because he was in the jurisdiction of the court and he would have been held here on his own. If they had reason to believe he would have fled, he would have ordered him to be held in the jail. If memory serves me, the defense then said they did not want the man's job in jeopardy and they had another witness who would testify. So, if we are going to tell the whole story, we are going to tell the complete story or tell a very benign thing that his testimony will be stricken and they should not consider it or speculate as to why and that would be the end of the story.
HHJBP - I will have instructions for you to start looking at on Tuesday. It looks like the Defense will wrap up Wednesday and the state to have witnesses on standby so that we can get started Wednesday and you said you would take 1/2 to 1 day and that means that if you take Wednesday, Thursday and you are going to take a whole day to close?
LDB - the openings took a full day. I don't expect the closing plus instructions - should be less.
HHJBP - I'm trying to decide if I want to send them out Friday evening or whether or not I would like to bring them in fresh Saturday morning and then instruct them and send them out. Because if we send them out, hypothetically, Friday starting at 5:00 - we are going to probably end their deliberations between 6:30 and 7:00 and send them back and I have to keep them separate from each other from that point on. So let me think about that - whether or not I want to get them started or whether or not I want to bring them in and instruct them on Saturday morning. Instructions will probably take 45 minutes. But that is something I need to think about.
LDB - lesser include offenses?
HHJBP - the ones I had included - depending on renewed motions for DV, currently now is in there both theories of first degree murder and felony murder, after that - second degree murder, manslaughter, going to count 2 aggravated child abuse, with the lesser child abuse, battery - I may or may not have battery there, under aggravated manslaughter there will be an instruction on interlocking verdicts I will have to give them. There are no lessers for providing false information to law enforcement officers. Think about any other lessers you may be inclined to ask for. Did you provide the State with the new motion you filed? When do you intend to argue this? I'll set it for hearing.
Remember folks that this particular motion to dismiss is an evidentiary hearing and you are going to need more than the attorneys flapping their gums. I'm not going to interrupt the trial. If you need 30 minutes you can do it in the morning starting at 8:25 - if not, you can do it at the conclusion of any day's testimony.
JB - We'll inform the court when we are ready to have that heard.
HHJBP - in recess.
I do too. I wanted them to question Lee about his "CMA, I love you" comment at the memorial. It was really, really weird and I'm still wondering about it two years later.
Lost feed for a couple min.....
JB - four closing arguments - State gets a rebuttal after DT closing...if they use all the lawyers each go up to talk....
HHBP I do not intend on allowing the ATty's split rebuttal....
JA - they have many Atty's as well....
HHBp - State how much time would you be requesting - not going to hold it to you now - half day or when jury goes to sleep whichever occurs first.
JA - we got lots to play...
HHBp -whatever time you need - you can speak or when jury goes to sleep whichever occurs first....
I will probably give you an order on Monday regarding closing argument - are you familiar with what I have used for years Judge Ferrare's opinion about closing argument - very good resource used for years - all circut judges in State use it in what can and cannot do in closing.....interested in it I will email it to you - it is very long - it has about every case known to mankind -deal with all areas..
HHBp - Mr. Baez - discovery violations to talk about...Det. Melich said RK from June 2008 to Dec 2008 - we only received 2 weeks of RK - cell records from June 16 to July - a major violation - we don't have GA records or any other Anthony phone records -
LDb - my speculation is records they may be looking for are contained in discs they have been provided - it is my understanding counsel has subpoenaed all of RK's records - the court has placed perameters around what would be allowed.....he and I (YM) spent a great deal of time going over...
as relates to A phone records - he JB provided those to me....if there is more - he can speak to me about that...Det. Melich testified he received home phone records...if he ....he had asked records for a lot of individuals - many had lawyers -
rules of discovery the SA contemplate what in their possession they intend to use @ trial....Brady vs. Maryland file motions - 3 occassions asked for Brady material - ask any info exculpatory for the defendant...rules also provide have right to subpoena certain records on your own...looks as though you have subpoenaed phone records...I don't recall state introducing anyone phone records they did not give to you....I don't remember that happen in the trial - exculpatory and the state hid them.....the bottom line is that if you need records try to get them...it is a little late in the day to go after red herrings...if exculpatory things then you know what happens that is all I want to say....
JA - talk about Dr. Rodriguiz - now or in the morning?
HHBP - that is up to you all I am here
JA - Mr. Mason what do you prefer now or morning?
JA- Dr. Rodriguiz will not be testifying in court because his employer will not let him that is not correct - that his testimony is prohibited by dept of defense - he violated that and I don't think the defense wants us to tell the jury that .....I applaud that they withdrew and not try to ruin his life over it....he withdraw as a witness ...
CM - JA said he on Saturday he got phone call on Saturday that Mr. Rodriguiz would be terminated if he testified....that info was taken a day before- you could have had him declared a material witness and had him put in jail...humanitarian...he didn't just withdraw that is not the case.....
HHBP - it is also true he did not get the permission to testify....
JB we don't know that - he came began testimony - Mr. Ashton took his depo -somehow next day Ashton got a phone call..
JA - I received a phone call from Dept. of Defense - a Captain I didnot solicit this contact - they saw it on television - he did notseek permission and it was against Dept policy - he would be fired if he testified - he returned home..... I object to counsel comment alleging
JB - .....we are going to have a motion of that forthcoming... this is the most accurate...
JA - I am more accurate - point is Mr. Rodriguiz has withdrawn - if counsel wants to file something under oath - we will deal with that.
HHBP I will say this...based on what little I know... you need his captain to testify not need to be done in person - do it on a break after 5 or early in morning before 9 ...find out if good Dr. sought permission to do this.....I offered on Saturday to order Dr. Rodriguiz to be held over until Monday to testify as he was in jurisdiction of the court...if someone would have told me that he would flee he would be held in Orange County....jail until such time he would testify...the DT did not want the man's job in jeapordy...you had someone else to testify what he was going to testify to....his testimony is to be stricken - not to consider the little bit he did give and not speculate on reasons why - I can craft that and that will be end of story
HHBP I will have proposed jury instructions for you to start looking at on Tuesday....
you can have them on Wed....proposed jury on Thursday...looks like the DT wrap up on Wednesday - have witnesses on standby ifcome from out of state.....you can get started on Wed - said half day but probably a full day...that means if you take WEd or Thurs and you going to take a whole day to close.....
LDB - the openings took a full day - don't anticipate closings with instructions take any less.....
HHBp try to decide whether or not to send them out Friday evening - or whether bring back in fresh Sat morning - instruct them and send them out...
if we send them hypothetically Fri - start their deliberations 6:30 or 7 and send them back - I have to keep them separate from each other from that point on....let me think about that if I want to get them started or bring them in or instruct them on Sat morning -instructions take about 45 min....something I need to think about
LDb - the defense think they want?
HHBP - the ones I had included - depending on renew motions for DV - both theories on first degree murder and felony murder - after that second degree murder - manslaughter - going to count 2 aggravated child abuse -lesser of child abuse battery - may or may not have battery - under just aggravated manslaughter there will be an instruction on interlocking verdicts....provide false info to LEO...
think about any other lessers you might be inclined to ask for....I will get that to you Monday morning I can finish that over the weekend....did you provide SA with new motion you filed?
Madam Clerk ask you to....when do you intend to argue this? set for hearing....
The supervisor - I would be happy to provide it.....
HHBp - remember folks - this particular motion to dismiss - you going to have to provide evidence to prove ....other than just Atty's flapping their gums..
if you need 30 min tomorrow morning @ 8:25 or any day after 5:00....
JB we will take the ?
recess til 9 am - bring any matters up - notify deputy @ 8:30
I thought so!!! Sounded like he predicted 1.5 hours. LOL But... I didn't want faux excitement. lol
recess until 9 AM.
Recess until 9 a.m.
by Gabe Travers/WESH.com at 4:19 PM
Judge says an evidentiary hearing will happen either in the morning for 30 min or later. He says he will not interrupt trial.
by cfnews13casey via twitter at 4:19 PM
yes, it's all on the record
Listening to the judge list charges really brings home there is a dead child. I'm not sure why but that made me so sad.
haha JB doesn't want to stay late to argue the lack of evidence
What is this evidentiary hearing about and whose side is it on? I didn't get that.
Too bad he didn't have enough time there to hone his skills
Ashton walks over name/number of DoD Captain who called him. He slammed it down on defense table. Baez shrugged his arms and looked at him.
by cfnews13casey via twitter at 11:20 AM
Oh my....what was that with LDB at the DT table? Looked snarky!
So the jury will likely begin debating Casey's fate Independence Day week. Will Casey be given independence? We'll see.
by amandaoberwesh via twitter at 4:20 PM
Ashton walks over name/number of DoD Captain who called him. He slammed it down on defense table. Baez shrugged his arms and looked at him.
by cfnews13casey via twitter at 4:20 PM
Court is now officially in recess until 9 a.m. tomorrow. #caseyanthony
by oscaseyanthony via twitter at 4:19 PM
new Motion from Defense
needs to be set for hearing - Motion to Dismiss - Evidentiary Hearing
Saturday - short lunch - longer day