Casey defense team files motion to dismiss case--Could KC walk!

[DaughterAlice]

In the light of all these new motions, which I'm sure AL has been formulating for some time now, could there be any connection to the way KC looked at her last court appearance? (I know what you're thinking: where the heck is she going with this??)

I dislike getting into discussions about the way any of the key players present themselves in public, but I can't deny the fact that she looked tired, greasy, and not so fashionable as she has been seen in the past. She had no make-up & had bags under her eyes. She wiped her eyes a lot as if she were crying.

Is it possible that AL told her to present herself like a victim? Especially for the benefit of making an impression on Judge S.? Maybe AL is smart enough to see that KC told the story of being a victim, but failed to act or look the part. Maybe she hopes it's not too late, and the judge would be more likely to have pity on her.

Just a thought.

 

[DogMom2JoeAndWillie]

So, if I am understanding this correctly.... the whole point of these motions is to try anything/everything and hope that something works to get her off the hook? I mean, I'm halfway expecting them to claim that "it was aliens from outer-space" that put the remains there while KC was in jail and "we've got proof that it was the aliens who did it". In all seriousness, I'd believe that JB has proof of alien existence before I'd believe that KC was innocent.
Ok... enough with the snotty remarks.... Can someone PLEASE explain this to me? I really don't have much understanding of how legal proceedings work. WHY are all these motions being filed? Is there some kind of monthly quota that he has to meet? What's the point of filing a motion if you already know that it will be denied?

 

[sleutherontheside]

In the light of all these new motions, which I'm sure AL has been formulating for some time now, could there be any connection to the way KC looked at her last court appearance? (I know what you're thinking: where the heck is she going with this??)I dislike getting into discussions about the way any of the key players present themselves in public, but I can't deny the fact that she looked tired, greasy, and not so fashionable as she has been seen in the past. She had no make-up & had bags under her eyes. She wiped her eyes a lot as if she were crying.Is it possible that AL told her to present herself like a victim? Especially for the benefit of making an impression on Judge S.? Maybe AL is smart enough to see that KC told the story of being a victim, but failed to act or look the part. Maybe she hopes it's not too late, and the judge would be more likely to have pity on her.

BBMI think that is very likely the case.* BUT, it isn't for the benefit of Judge S. it is for the public opinion, and for the jury.* The Judge does not vote in the verdict.* If anything, I think that Judge S. already sees what KC is up against when dealing with her counsel.* The defense will certainly ask for a change of venue, but on the chance that it is denied, KC needs to start appearing as a more sympathetic defendant.* One of the most valuable parts of a trial is creating the illusion OR reinforcing the fact that the client is innocent.* Girls who are primping and preening for their photo op are not regarded as wrongfully accused.* They will be, regardless of their guilt or innocence, be viewed as detached from the case, and placing emphasis on themselves as opposed to the victim.* JB never got that, and that is why as soon as AL hit town, KC's demeanor seemed to change.* I don't think it has anything to do with her breaking down, or jail "getting to her".* It is nothing more than a dress rehearsal for the big day. JMO* Just a thought

 

[HRCODEPINK]

So, if I am understanding this correctly.... the whole point of these motions is to try anything/everything and hope that something works to get her off the hook? I mean, I'm halfway expecting them to claim that "it was aliens from outer-space" that put the remains there while KC was in jail and "we've got proof that it was the aliens who did it". In all seriousness, I'd believe that JB has proof of alien existence before I'd believe that KC was innocent.
Ok... enough with the snotty remarks.... Can someone PLEASE explain this to me? I really don't have much understanding of how legal proceedings work. WHY are all these motions being filed? Is there some kind of monthly quota that he has to meet? What's the point of filing a motion if you already know that it will be denied?

Yes. Really very little to explain. You're first paragraph hit the nail on the head. It is their job to do anything and everything in their power, as long as it is done in good faith and not deliberately deceptive to grasp whatever straw they can to try to get their client off. JB would have been smarter to demand the speedy trial. It would have been over before Caylee was found which would have given them a better shot at the SODDI defense.

 

[DaughterAlice]

BBMI think that is very likely the case.* BUT, it isn't for the benefit of Judge S. it is for the public opinion, and for the jury.* The Judge does not vote in the verdict.* If anything, I think that Judge S. already sees what KC is up against when dealing with her counsel.* The defense will certainly ask for a change of venue, but on the chance that it is denied, KC needs to start appearing as a more sympathetic defendant.* One of the most valuable parts of a trial is creating the illusion OR reinforcing the fact that the client is innocent.* Girls who are primping and preening for their photo op are not regarded as wrongfully accused.* They will be, regardless of their guilt or innocence, be viewed as detached from the case, and placing emphasis on themselves as opposed to the victim.* JB never got that, and that is why as soon as AL hit town, KC's demeanor seemed to change.* I don't think it has anything to do with her breaking down, or jail "getting to her".* It is nothing more than a dress rehearsal for the big day. JMO* Just a thought

Very well said!! Especially like the part that I bolded. Yes, it really did seem to change dramatically when AL joined the case. Wow, JB didn't get that, did he? This just ads to the list of reasons that no one in their right mind should want him to defend them.

I only meant KC was putting on a show for Judge S because he would decide on the current motions. However, you are also VERY right that this is primarily for the JURY. As a potential juror (only if the venue isn't changed) . . . I don't buy it.

 

[ZsaZsa]

Or your Spiffy "Websleuths" t-shirts.....wouldn't that just eat CA's shorts?:dance:

It could say "I'm just a No-life Blogger here to see justice done" - I am sure Cindy would LOVE that :woohoo:

 

[cecybeans]

Very well said!! Especially like the part that I bolded. Yes, it really did seem to change dramatically when AL joined the case. Wow, JB didn't get that, did he? This just ads to the list of reasons that no one in their right mind should want him to defend them.

I only meant KC was putting on a show for Judge S because he would decide on the current motions. However, you are also VERY right that this is primarily for the JURY. As a potential juror (only if the venue isn't changed) . . . I don't buy it.

Well, initially the clothes got a little better when LKB got into town - those Ann Taylor looking twinsets and the eggplant v-neck were okay. But she was obviously still self-absorbed with her constant hand-fiddling and hair touching and garment twisting. The times I didn't see LKB - I noticed she was wearing that too-tight blouse and was back to hair games.

I'm sure AL (like every other attorney worth their salt) has had interns on all the forums measuring public response to her appearance. With all of the motions the defense has filed - and the fact that KC is required to be in court for many of them has given the defense a whole variety of outfits and behaviors to try out on public opinion.

I agree that AL has had an effect - KC's behavior was much more serious and subdued the last time we saw her. Her jacket, though plain and ill-fitting, at least wasn't a display of her supposed physical assets. I'm sure AL - who may not be known for her own fashion-forward sense, will be monitoring the situation closely and, perhaps with help from her interns, by trial time, we'll see the final EXTREME makeover of KC.

It will be interesting to see the jury compare the "before and after" images. I sure hope that peeing in the parking lot shot gets into some photo montage. I don't care if she's wearing a wimple then, it just won't fly.

 

[HRCODEPINK]

Well, initially the clothes got a little better when LKB got into town - those Ann Taylor looking twinsets and the eggplant v-neck were okay. But she was obviously still self-absorbed with her constant hand-fiddling and hair touching and garment twisting. The times I didn't see LKB - I noticed she was wearing that too-tight blouse and was back to hair games.

I'm sure AL (like every other attorney worth their salt) has had interns on all the forums measuring public response to her appearance. With all of the motions the defense has filed - and the fact that KC is required to be in court for many of them has given the defense a whole variety of outfits and behaviors to try out on public opinion.

I agree that AL has had an effect - KC's behavior was much more serious and subdued the last time we saw her. Her jacket, though plain and ill-fitting, at least wasn't a display of her supposed physical assets. I'm sure AL - who may not be known for her own fashion-forward sense, will be monitoring the situation closely and, perhaps with help from her interns, by trial time, we'll see the final EXTREME makeover of KC.

It will be interesting to see the jury compare the "before and after" images. I sure hope that peeing in the parking lot shot gets into some photo montage. I don't care if she's wearing a wimple then, it just won't fly.

BBM

That is excellent! I just figured out what I would have on my shirt if I could be there! Front and Back big as life KC peeing in a public parking lot, maybe a picture in picture at the corners of her wrapped in the flag and giving giving the peace sign from the toilet, and lets not forget a good pic of her dancing while desperately looking for her "missing" daughter! maybe just for effect and since it is going to be a long trial have a different pic on the front and back for every day big as it could be. Maybe even one that looks like a body from the neck to the waist wrapped in American flag like those aprons that look like the guy with the 6-pack or the girl in the bikini with a nice body. I could even tie a knot in the bottom corner.

 

[DaughterAlice]

ACK!! I'm going to get in trouble for getting us off topic!! So about that motion to dismiss . . . .

:innocent:

 

[Spangle]

BBM

That is excellent! I just figured out what I would have on my shirt if I could be there! Front and Back big as life KC peeing in a public parking lot, maybe a picture in picture at the corners of her wrapped in the flag and giving giving the peace sign from the toilet, and lets not forget a good pic of her dancing while desperately looking for her "missing" daughter! maybe just for effect and since it is going to be a long trial have a different pic on the front and back for every day big as it could be. Maybe even one that looks like a body from the neck to the waist wrapped in American flag like those aprons that look like the guy with the 6-pack or the girl in the bikini with a nice body. I could even tie a knot in the bottom corner.

Oh my GAWD! That would make one funny shirt. IT would be funny to wear. But would cause the media to film anyone who was wearing it. Then would come the inteview..and the whines about someone wanting their 5 minutes of fame....

Sounds fun, then wham! Dang!

 

[HRCODEPINK]

Oh my GAWD! That would make one funny shirt. IT would be funny to wear. But would cause the media to film anyone who was wearing it. Then would come the inteview..and the whines about someone wanting their 5 minutes of fame....

Sounds fun, then wham! Dang!

ROFL!! I don't want 5 minutes of fame! I just want 5 minutes of the jury's attention...every day.

ETA Actually...would it look like I was trying to get my 15 minutes of fame if I said nothing more than "I am just here to be a voice for Caylee so someone is. I just want justice for Caylee."

 

[mitzi]

Well, initially the clothes got a little better when LKB got into town - those Ann Taylor looking twinsets and the eggplant v-neck were okay. But she was obviously still self-absorbed with her constant hand-fiddling and hair touching and garment twisting. The times I didn't see LKB - I noticed she was wearing that too-tight blouse and was back to hair games.

I'm sure AL (like every other attorney worth their salt) has had interns on all the forums measuring public response to her appearance. With all of the motions the defense has filed - and the fact that KC is required to be in court for many of them has given the defense a whole variety of outfits and behaviors to try out on public opinion.

I agree that AL has had an effect - KC's behavior was much more serious and subdued the last time we saw her. Her jacket, though plain and ill-fitting, at least wasn't a display of her supposed physical assets. I'm sure AL - who may not be known for her own fashion-forward sense, will be monitoring the situation closely and, perhaps with help from her interns, by trial time, we'll see the final EXTREME makeover of KC.

It will be interesting to see the jury compare the "before and after" images. I sure hope that peeing in the parking lot shot gets into some photo montage. I don't care if she's wearing a wimple then, it just won't fly.

Bold mine.

Pity that AL doesn't accept help from same interns.

 

[Spangle]

ROFL!! I don't want 5 minutes of fame! I just want 5 minutes of the jury's attention...every day.

ETA Actually...would it look like I was trying to get my 15 minutes of fame if I said nothing more than "I am just here to be a voice for Caylee so someone is. I just want justice for Caylee."

Tee hee.. Not to me. Cause I can soooo relate.

However, there seems to be a harsh crowd out there.

 

[magic-cat]

:waitasec:Hmm, I was just thinking. I wonder if the Anthony's have payed Casey a visit recently and that is why Baez filed that motion yesterday? Wouldn't it be something if they did visit her. :woohoo: I know he wants all future video/recordings to be destroyed which I don't think the judge will allow that for the safety of the Jail Personnel, Inmates, and Attorney's.

I was thinking the same thing. Perhaps a visit has already happened, since the family had their attorney announce they WOULD be visiting their daughter no matter what the defense wanted or thought of it.

No problem:

"...All that remains are photographs in which investigators improvise a variety of hypothetical arrangements for the duct tape and the remains of Caylee Anthony."

Why would forensic investigators be doing any improvisation at all? The goal of a forensic investigation should be to simply record everything exactly as it was found and later theorize what may have happened based on observable, quantifiable and measurable evidence and norms taking into account the known facts regarding an event. Any improvisation whatsoever immediately creates serious questions of evidence tampering. It creates questions of how things were originally. How can it now be proven that nothing else was moved or staged? This throws the entire investigation of the body site into question. It's a very serious allegation and if proven, there is a big problem with this case.

I guarantee you one thing, and I will eat Leonard Padillas hat if I am wrong, that the state DID record everything exactly as it was found, and that they photographed that despicable duct tape from every conceivable angle that such a horror CAN be photographed from...

Improvise means:

1 : to compose, recite, play, or sing extemporaneously
2 : to make, invent, or arrange offhand
3 : to make or fabricate out of what is conveniently on hand

A scientific theory is an accurate, predictive description. What many laymen don't understand is that a scientific theory is proveable fact, not an educated guess as to what might be true.

In science, the word theoretical refers to an idea that has not been proven to be a theory. LKB could have used theoretical to describe the same thing, but it wouldn't matter. Rearranging items in a crimescene investigation is not adhering to scientific method. It is completely unacceptable to ANY scientist. And it should be unacceptable to the general public as well because it is a very serious breach of ethics.

If the defense can prove this actually happened - there will be serious consequences.

Here is one thing that IS a provable fact, not an educated guess: The skull of a child was found with duct tape around her face that extended around her head and into her hair. This child was identified by DNA as having been Caylee Marie Anthony. Her skull and the duct tape were photographed exactly as they were found. Later, the skull with the duct tape attached was taken to the ME's office for an autopsy. To conduct said autopsy, the tape, which was entangled hopelessly in the hair that fell out of the childs skull, had to be removed. Guaranteed this was also meticulously and most scientifically documented. There was no way NOT to rearrange the tape, since it had to be removed from the skull that it was taped onto...the skull of Caylee Marie.:furious:

 

[Leila]

bbm
Absolutely! You just hit the nail on the head. The defense, and the Anthony family has claimed this since day one (31). Poor, poor Casey, the Orlando Police and the FBI have made it their life long mission to frame her.:crazy:

Yes.........from the very beginning, Cindy has not lost an opportunity to make remarks that LE wasn't doing their job. The first thing she said in the wake of Casey's arrest, was that LE failed to issue an Amber alert. She completely disregarded the fact that Caylee's case didn't fit the criteria for an Amber alert, and even after she was made aware of the criteria, she continued to berate LE for not issuing an Amber alert.

Throughout this case, Cindy has portrayed the sheriffs department as adversaries. The defense, and in particular, JB, jumped on the bandwagon and has been critical of the job LE was doing. They're still doing this, and their motion clearly illustrates this.

It's an insult to the intelligence of the public, which makes up the jury pool. The public can see right through the antics of the defense and the Anthony family. If JB has the audacity to say his client can't get a fair trial, it's because he and his client, and his client's family, have made it so.

 

[Curious Me]

Even if the OCSD let Jose be there to see it with his own eyes, he'd still whine that Casey deserves to get out because she is so innocent. He can't see the blood on her hands. AL will try to make Casey the victim, IMO. The defense is trying scare tactics to get it dismissed. I don't know how to look at this from the law standpoint.

 

[lin]

Just for reference. if you ask a poster a question and they do not choose to answer, do not ask over and over. this is a message board. People leave posts and have the option of responding to other posts or not.
gracias

Sorry, JBean. Last time I recall this being discussed, I came away with a totally different understanding. I thought if documentation was requested, a poster should provide it or clarify their statements are their own speculation. Is that still valid?

ETA: Otherwise, seems to me that would be adding fuel to misunderstandings and rumors instead of dealing in facts. I could insist that Caylee disappeared in April 2007, be corrected multiple times and never have to back up why I am asserting a different month and year as a fact or as fact based opinion. I realize you don't have time to read all threads but sometimes similar things happen, though not as dramatically as the example I just used. Well, most of the time not as starkly.

 

[celticthyme]

Mitigating, SChMITIGATING ....

Nothing and NO ONE, even Casey can justify the 31 days. Not possible.
Duct tape,carnaged body in the neighborhood woods, DNA, dog hits, phone texts, pings, e-mails, videos, testimony, getting the real ZFG on the stand, nutso family . . .

31 DAYS

 

[Balthazar]

So, if I am understanding this correctly.... the whole point of these motions is to try anything/everything and hope that something works to get her off the hook? I mean, I'm halfway expecting them to claim that "it was aliens from outer-space" that put the remains there while KC was in jail and "we've got proof that it was the aliens who did it". In all seriousness, I'd believe that JB has proof of alien existence before I'd believe that KC was innocent.
Ok... enough with the snotty remarks.... Can someone PLEASE explain this to me? I really don't have much understanding of how legal proceedings work. WHY are all these motions being filed? Is there some kind of monthly quota that he has to meet? What's the point of filing a motion if you already know that it will be denied?

No, the point is not to try to get Casey "off the hook" with pretrial motions.

All trials are an organized and formalized structure that the judge, prosecutor and defense attorneys must enact in order to insure that justice is done. The goal of the prosecutor is to prove their case. The goal of the Defense attorney is NOT to prove their client innocent, but to MAKE the prosecutor prove their case. (This is why we should ALL be rooting for both the prosecution and the defense to do the best possible job they can on Casey's trial. The last thing ANY of us should want is a bad defense because that could cause a mistrial or enable Casey to appeal the verdict. This is why I criticize both sides and praise both sides. I want the result of this trial to be unquestionable. I want the evidence to speak to the jury and their verdict to be unassailable.):Justice:

Defense attorneys must pursue an aggressive list of pre-trial motions, both formal and informal. For example, the defense has to make an informal request for discovery and then file a formal motion for discovery. If it is not done in this order, the formal motion for discovery will be denied. Of course, they will not receive any discovery until both the informal request and formal motion are filed. In general, pre-trial motions in a murder case are brought to shape the impending trial.

Here are the typical motions:

Motion for Dismissal of Charges (Statement that the prosecutor's evidence does not prove the charges.)

Motion for Change of Venue (relocate trial)

Motion for Severance of Defendants (for cases with 2 or more defendants)

Motion for Severance of Charges (requests that charges against a defendant be tried separately so as to not wrongly influence a jury - for example - separate robbery and homicide charges.)

Informal Request for Discovery followed by formal Motion for Discovery (request for evidence)

Motion for a Bill of Particulars (Defense requests a written statement from the prosecutor explaining the charges in detail - including the time, place, manner and means of commission of a crime. If and when the Defense in Casey's case makes this motion (and I think they will), I believe that the Prosecutor may have some trouble with this because the evidence doesn't really tell us the time, place, manner and means of commission of a crime. Although there are theories about what happened, we really don't know for certain when, where or exactly how Caylee died. However, I'm sure the prosecutor has already thought this out and has planned a response.)

Motion for Supression of Evidence (excludes evidence not obtained legally)

Motion of Intention to Provide Alibi (signals the defense plan to assert that the defendant was somewhere else when the crime was committed. This was used successfully in Robert Blake's murder trial, for example.)

Motion for Determination of Competency (signals that the defense questions their client's sanity. If approved, this leads to a Competency hearing.)

Motion for Continuance (request for postponement - the defense in Casey's case is requesting this to prepare for trial and also in hope that some of the public outrage regarding this case will subside prior to trial.)

We've seen several of these types of motions in Casey's case. The purpose of making these motions is to ask the judge to make a ruling. The rulings shape the upcoming trial. Defense attorneys expect that not every motion will be approved by the judge, so they present multiple motions to get the overall effect they are hoping for. Sometimes these rulings mean that the defense must adjust their strategy somewhat.

 

[JBean]

Sorry, JBean. Last time I recall this being discussed, I came away with a totally different understanding. I thought if documentation was requested, a poster should provide it or clarify their statements are their own speculation. Is that still valid?

ETA: Otherwise, seems to me that would be adding fuel to misunderstandings and rumors instead of dealing in facts. I could insist that Caylee disappeared in April 2007, be corrected multiple times and never have to back up why I am asserting a different month and year as a fact or as fact based opinion. I realize you don't have time to read all threads but sometimes similar things happen, though not as dramatically as the example I just used. Well, most of the time not as starkly.

No worries I can splain it Lucy. Boy you do not have to tell me about posting ideas as fact, i spend a good part of my time here asking for back up.
Opinions get carried as fact and I spend a lot of time sorting that out.

We have 2 different situations…

1.If documentation or a link is requested for information presented as fact and the poster refuses, do not keep asking over and over and over. If you ask once or twice for links to information presented as fact and it is not provided. alert the post and we will look into it and talk to the poster.
We have had posters post information continually as fact when it was not, so it is really important that those posts are brought to our attention by way of an alert. If it continues there will most likely be a vacation involved..but that;'s why we need to know about it if it is done on an ongoing basis. Sometimes it is a misunderstanding and sometimes it is malicious.

Sometimes a poster may have you on ignore.

2.If you ask a general question about why someone feels the way they do and they choose not to answer, that is their choice and there is nothing to be done about it.

So to recap, if it is a general question that they do not choose to answer, that is their choice and there is no need to badger them over and over to answer the question.

If it is opinion posted as fact and a link is not provided and you ask for one, once maybe twice, then just report it and move on and do NOT respond.

This all just leads to arguments and hostility. Just treat each other like you might when you have a guest over for coffee and you are having discussion. Politely and with some respect. if you don't have any respect, just ignore and don't invite them over for coffee LOL.