Legal Questions for Our VERIFIED Lawyers #1

[shotgun09]

For some strange reason, "Dueling Banjos" is playing in my head right now.....LOL! I LOVE this place!!!

sorry Mods! Not appropriate for this thread

 

[ZsaZsa]

Based on your Florida statute cite, I may agree their is a potential criminal violation if corpus could be proven. But I would never agree that giving a client a letter from her parents constitutes dishonesty, fraud, deceit, or misrepresentation.

Why would he need to sneak it in then if not for some ulterior motive?

 

[5stars]

JB had his laptop with him when visiting Casey in jail.If it had emails from her family on it and let her write emails back.Would that be the same as letters?

 

[cecybeans]

I am not a verified attorney, so I am not going to comment or question any fine points of the law on this (although as an FYI you should be aware that quite a few attorneys do post on this thread but wish to remain anonymous and are therefore unverified, so you never know whose authenticity or experience you may be questioning.)

Here is my conundrum: you are a local defense attorney who has admitted using your own blog, as well as this forum, to comment on this case primarily for marketing purposes . You are also a local media presence and speak frequently about this specific case ostensibly for the same reason. Now you are enlisting the members of this blog to do research for you – not simply for the sake of the truth – but to help prove a specific point tied into an opinion you have that a member of law enforcement is not doing a satisfactory job - which has impact above and beyond the normal questioning of credibility Ms. Adams would necessarily receive that would come out in the courtroom should her story be used. One might say that is is the kind of thing that could be designed to cast someone in a positive or useful light with the current defense team (who we all know have had trouble with attrition and holding on to talent).

You have also been publicly critical of the legal advisor and reporter on a local network affiliate, which incidentally competes for ratings with the network you appear on. Specifically you have been very vocal lately about how you despise the “checkbook journalism” their parent company engaged in to purchase photographs of Caylee Anthony. And IIRC, you were also unimpressed with the fact that Geraldo Rivera, may have improperly inserted himself into this case by allegedly offering a large sum of money to hire a detective. So you appear to have high standards when it comes to the responsibilities of those in the media as well as those in the legal field, particularly when their paths converge.

I would think that any highly visible person in the media, particularly one in the legal field, would be risking their reputation by soliciting information designed to prove a certain theory or hunch. Other than short-term gain, I can’t see the benefit to publicly criticizing and condescendingly dressing down colleagues in one’s own field field; that’s a pretty basic business principle, not to mention a poor marketing strategy.

Mr. Hornsby because you are a visible legal and media representative in regards to this case, you are not simply another poster on this forum, just as Geraldo Rivera is not simply a journalist when he inserts himself into a case in a way which could affect the outcome. As a representative of the Florida jurisprudence system, I would think it could be a slippery slope, in that you could also be accused of engaging in activities and behavior very similar to those you have openly and publicly criticized others for in the past. Because you are not simply a poster with an agenda based on your own opinions, but are something of a local celebrity, your solicitation of help could be seen as opportunistic. If your actions were simply to further your own career, it would be one thing (similar to the “checkbook journalism” you have decried). But if they are designed to use this forum to research a pet theory that may have an actual impact on the case, then your position as a member of the bar might seen ethically questionable (as Geraldo Rivera’s offer to hire an investigator).

Perhaps you can elucidate for me, should a false dichotomy exist, the differences between what the folks at WFTV or Fox have been doing versus what you are doing as a spokesperson or legal analyst for WESH-TV. Do you think it would be ethical for Belich and Schaeffer to enlist our help as on behalf of the state to transcribe material they think would prove something that would impact the case?

 

[rhornsby]

I am not a verified attorney, so I am not going to comment or question any fine points of the law on this (although as an FYI you should be aware that quite a few attorneys do post on this thread but wish to remain anonymous and are therefore unverified, so you never know whose authenticity or experience you may be questioning.)

Here is my conundrum: you are a local defense attorney who has admitted using your own blog, as well as this forum, to comment on this case primarily for marketing purposes . You are also a local media presence and speak frequently about this specific case ostensibly for the same reason. Now you are enlisting the members of this blog to do research for you – not simply for the sake of the truth – but to help prove a specific point tied into an opinion you have that a member of law enforcement is not doing a satisfactory job - which has impact above and beyond the normal questioning of credibility Ms. Adams would necessarily receive that would come out in the courtroom should her story be used. One might say that is is the kind of thing that could be designed to cast someone in a positive or useful light with the current defense team (who we all know have had trouble with attrition and holding on to talent).

You have also been publicly critical of the legal advisor and reporter on a local network affiliate, which incidentally competes for ratings with the network you appear on. Specifically you have been very vocal lately about how you despise the “checkbook journalism” their parent company engaged in to purchase photographs of Caylee Anthony. And IIRC, you were also unimpressed the fact that Geraldo Rivera, may have improperly inserted himself into this case by allegedly offering a large sum of money to hire a detective. So you appear to have high standards when it comes to the responsibilities of those in the media as well as those in the legal field, particularly when their paths converge.

I would think that any highly visible person in the media, particularly one in the legal field, would be risking their reputation by soliciting information designed to prove a certain theory or hunch. Other than short-term gain, I can’t see the benefit to publicly criticizing and condescendingly dressing down colleagues in one’s own field field; that’s a pretty basic business principle, not to mention a poor marketing strategy.

Mr. Hornsby because you are a visible legal and media representative in regards to this case, you are not simply another poster on this forum, just as Geraldo Rivera is not simply a journalist when he inserts himself into a case in a way which could affect the outcome. As a representative of the Florida jurisprudence system, I would think it could be a slippery slope, in that you could also be accused of engaging in activities and behavior very similar to those you have openly and publicly criticized others for in the past. Because you are not simply a poster with an agenda based on your own opinions, but are something of a local celebrity, your solicitation of help could be seen as opportunistic. If your actions were simply to further your own career, it would be one thing (similar to the “checkbook journalism” you have decried). But if they are designed to use this forum to research a pet theory that may have an actual impact on the case, then your position as a member of the bar might seen ethically questionable (as Geraldo Rivera’s offer to hire an investigator).

Perhaps you can elucidate for me, should a false dichotomy exist, the differences between what the folks at WFTV or Fox have been doing versus what you are doing as a spokesperson or legal analyst for WESH-TV. Do you think it would be ethical for Belich and Schaeffer to enlist our help as on behalf of the state to transcribe material they think would prove something that would impact the case?

Let us be 100% clear:

I will be honest, I had trouble filtering out exactly your questions - so I will leave you with this.

I am not paid by anyone, nor do I have any exclusive agreement with any station.

The only thing that furthers my career is my continued success in the courtroom, for the most part, my involvement in this case has become a hobby.

If you actually read the articles that were critical of ABC, they were mostly critical of ABC because they did not offer full disclosure of how they obtained information, etc.

So if we were to apply your "checkbook journalism" analogy to me, I should provide full disclosure of my motives - something I think I do very frequently.

p.s. I do not comment on this forum for marketing purposes, if I did, I suspect my ROI in time spent would be very low.

 

[ohiogirl]

Mr. Hornsby: why do you think so many people get their feathers ruffled when someone questions whether LE is doing a good job or not? I, for one, expect LE to answer to a very high standard. If they are on the up and up, they probably will. If they have any other motive, they may not. Happens in every walk of life.
(Rhetorical question, you don't have to answer.)

 

[OneLostGrl]

Based on your Florida statute cite, I may agree their is a potential criminal violation if corpus could be proven. But I would never agree that giving a client a letter from her parents constitutes dishonesty, fraud, deceit, or misrepresentation.

unreal

 

[butterfly1978]

Based on your Florida statute cite, I may agree their is a potential criminal violation if corpus could be proven. But I would never agree that giving a client a letter from her parents constitutes dishonesty, fraud, deceit, or misrepresentation.

Then could you please explain to me if it isn't dishonesty, fraud, deceit, or misrepresentation, then why do ALL the other inmates and attorneys have to follow this rule except for Casey and JB. Why is it that Casey and JB get a free pass while all the other inmates and attorneys are expected to follow the rules. Casey and JB don't get to make thier own rules just because they may not agree with them.
See this is KC problem she has never been held accountable for her actions, that is why she did the things that she did and never developed a conscience.

 

[Emma Peel]

Hey RH,

Appreciate your straightforwardness in our forum. Not sure everyone understands what you're saying sometimes, but the fact that you keep coming back & clarifying is pretty awesome. Good on you.

I have a follow-up on this tape duty WS folks are doing.

Are you using WS volunteers on the current jail-house tape duty to

1) possibly discredit the jailhouse snitches

AND

2) possibly knock down Yuri's credibility-in-general such that all the investigation Yuri's done on this case in general might be colored as "not-so-professional" police work?

Are these the objectives of this work?

(I actually think you answered this previously in an OJ kind of way, but maybe you could spell it out in plain speak rather than metaphor.)

Personally, I don't care if that's one of your motives. Folks working on the tapes might care some. If there's legitimate, or even a pretense of issue with detective work, SA might as well know now, not later. They're probably expecting all this scrutiny anyway...

 

[AlwaysShocked]

What is the difference if rhornsby posted the links or someone/anyone else posted them? I guarantee the WSers would have been onto them pronto no matter who posted them.

Mr. Hornsby isn't going to find anything in them that isn't there and neither is anyone else.

We are all entitled to our individual opinions of the cast of characters in this case. As one who has read all of the transcripts at least once, I happen to hold the opinion that John Allen should SHUT UP AND LISTEN a lot more than he does. But - that is my opinion.

 

[darnudes]

Craziness? Seriously, though, that's a good question, although not really a legal question. I would go back through the "news" threads and try to figure out what could possibly have made her think this.

Sorry AZlawyer - I'll go and have a look at that time period and post if I find anything you guys might be able to comment on.

 

[Macushla]

Mr. Hornsby, a lot of us are very suspicious of what you are trying to accomplish here - but I bet you have already figured that out, haven't you?

So I am going to ask one simple question and once you answer it, I will have no more questions, suspicions, etc. and will be completely satisfied as to why you are doing/saying some of the things you are doing/saying.

IF you are asked at some point in the future - near or far - to join the defense team for KC Anthony, will you join?

 

[LambChop]

Should we really be posting the personal conversations that involve small children here that actually have nothing to do with KC case? I know everyone is trying to transcribe these jailhouse phone calls but there is a lot of personal info involving their small children and I would hope this info could be left out of the posts. It is public information but it would bother me if I were an innocent parent of a child whose relative was in jail and that information was talked about on a forum. So would there be a legal problem here???

 

[AZlawyer]

Should we really be posting the personal conversations that involve small children here that actually have nothing to do with KC case? I know everyone is trying to transcribe these jailhouse phone calls but there is a lot of personal info involving their small children and I would hope this info could be left out of the posts. It is public information but it would bother me if I were an innocent parent of a child whose relative was in jail and that information was talked about on a forum. So would there be a legal problem here???

I don't know of any legal problem, but I think as a matter of policy we ought to leave out the details about the kids, and probably a lot of other personal stuff as well. What's the point of it really? On the other hand, I understand why people would post more generic info, like that Robyn clearly misses and loves her children, because that helps us understand her (conflicting IMO) motives and feelings regarding Casey.

 

[Kimster]

Reminder, this is a Q&A thread only. Ask a question and receive an answer. This is not a discussion thread. Thanks!

 

[cjm11]

Does anyone know who requested these phone calls in the first place? Someone, somewhere had to request the jail copy each phone call for release. That means someone should have had to pay a pretty penny for all the time the jail expended collecting and copying these requested phone calls.

I'm not savy enough to figure out the money trail, but I know just the forum to ask for help. They are a great bunch of sleuths!

 

[WholeLottaRosie]

My question is for AZlawyer (thanks for all your comments!) - do you think it is likely that the SA will file felony charges against JB or would the charges have to go through Judge Strickland? ie - do they follow the standard process on investigating a crime, or since it involves JB's defendant does her judge have to issue charges or ???? Do you think that both SA and JS can ignore his crimes? Would they do so now (charge in whatever way, SA or JS, or wait until after KC is convicted? Thanks in advance!!!

 

[niaa]

OK, so I get it. Although JB is a sneaky pete, passing notes to his client etc. he probably won't be charged with anything because no one saw him do it and it probably isn't out of the norm. Too bad, So sad.

I have to preface my question with an assumption that the letters we have read can be proven to have been written by KC. I'm not sure I'm convinced that this is true but let's assume it is for the moment.

Numerous statements in the letters indicate that JB passed personal letters to KC which is evidently against the jail rules. KC indicates a "crush" on her attorney. KC refers to her attorneys as her "boys". Obviously, the relationship, at least from KC's point of view is not the normal client/lawyer relationship.

Now skip forward to the day that KC is convicted and the appeal is filed, by a new attorney. What would be the first appeal ? Well obviously ineffective console.

So what can the justice system do now, to reduce the chance of a successful appeal ?

To my mind, nothing KC says could convince me that she understands how her supposed "relationship' with her lawyer might be hindering her chances of getting good representation.

Could the judge appoint a lawyer to sit with KC's team to make sure she is getting effective counsel? It surely would be cheaper to do that then retry her a second time after a successful appeal.

Just asking.:banghead:

 

[niaa]

There are so many posts on the letters that I cannot keep up with the threads. So here is my question.

Assuming that the SA wants to introduced something from the letters as evidence, how do they prove they were in fact written by KC ?

The snitch's credibility is in question, so that's out.

KC won't testify to anything and certainly not truthfully, so that's out.

The guard can probably be trusted to say she knew letters were placed in books but did she read any of them ?

Is handwriting analysis accepted in a court of law ?

Is there anything in the letters that only KC would know that can be proven ?

If the snitch is not believed when she testifies as to what KC said to her, how would we believe she didn't fake the letters herself? I suppose if she was going to "fake" the letters she'd have put a confession in them. But I certainly could believe a judge would not allow these letters into evidence.

Having said all that, the case probably doesn't need these as evidence and maybe should be ignored by the SA.

Just asking.

 

[doogiesgirl]

Why would he need to sneak it in then if not for some ulterior motive?

Exactly! If the letters contained no incriminating info then why are the A's and KC NOT using the jail mail system? As B Conway said himself on LKL, they do not discuss the case nor should they discuss KC's case.

If is underhanded and sneaky and against the rules....you can bet there is something they are saying in the letters that the don't want jail officials to know.

I'll tell you anything...if JB doesn't eventually get charged for this, I will lose faith in our legal system.

MOO