Legal Questions for Our VERIFIED Lawyers #2

[AZlawyer]

AZ, RH and any legals I am missing...Would it be legal for me to shrink you and carry you around in my pocket eveywhere I go?
And, shouldn't there be a law against attorneys being so darned helpful, gratis?

You guys are the best!

Serious legal question that might seem ridiculously dumb, but I never thought about this-If a found-guilty KC is paid money for this murder by any media outlet, can/will the JAC or Florida taxpayers sue? I am guessing no, but I do not have a JD behind my name...
If yes, and if ZG wins her suit, who gets paid first?

I think we talked about this a while back. I don't know of any law in FLA that would allow the JAC/State to get its money back--but I'm not a FLA lawyer so maybe we can snag RH next time he pops in and ask him.

 

[LaLaw2000]

The JAC demands an accounting BEFORE they give any money to the defense. The amounts that are "authorized" are not actually handed over to the defense until the work is done and documented.

Thank you so much for your answer, AZlawyer!

*Actually, I suppose Baez does not have to disperse the money to the proper parties even though the work is done and payment applied for to the JAC. I suppose I am now wondering if there are any IOU's out there for "Please let em pay you later even though the JAC has given me the funds to pay you."

*Or is the check made out to Baez and the proper party so that both have to sign it in acknowledgement? (I just do not trust Baez to do the right thing)

Thanks!

 

[LaLaw2000]

OOPS! I think I messed up the quote. I surely did not mean to! I wanted to reply to just the part that pertained to my question to AZlawyer.

 

[Macushla]

if the complaint is found to be true and serious enough to get JB suspended or even disbarred? I have been thinking about this scenario and wondering what happens then. Since JB was the only privately retained attorney, would KC just have to settle for a public defender stepping in? Would Judge Perry appoint someone? Could a local attorney volunteer to take over the case, pro bono? I would imagine someone like R. Hornsby would jump at the chance to do all the things right that JB was doing wrong Could a new attorney be brought up to speed on the case quick enough so that the May trial date would still be attainable? I hope no one thinks CM would be able to brief someone if this unlikely event happens! IF JB is 'gone' does KC have to approve of her new attorney, will she have final say as to who defends her?

I asked this on another thread because I would love to get a discussion going on it, but also want to get our legal analysists take on it too.

 

[ThinkTank]

Regarding the news story about an accidental drowning being raised during Dr. G's deposition ....has the Defense, or whoever released Dr. G's deposition transcript to reporter Tony Pipitone, violated any Rules of Discovery or Rules of Criminal Procedure by releasing a document that has not been filed with the Clerk of Court and made public through Florida Sunshine Laws?

Would the reporter be forced to reveal how he got a copy of Dr. G's deposition transcript (when nobody else has it)?

Does the revealing of bits and pieces of the transcript, prejudice the State's case in any way?

 

[AZlawyer]

Thank you so much for your answer, AZlawyer!

*Actually, I suppose Baez does not have to disperse the money to the proper parties even though the work is done and payment applied for to the JAC. I suppose I am now wondering if there are any IOU's out there for "Please let em pay you later even though the JAC has given me the funds to pay you."

*Or is the check made out to Baez and the proper party so that both have to sign it in acknowledgement? (I just do not trust Baez to do the right thing)

Thanks!

I don't know how the actual check-writing works, sorry.

if the complaint is found to be true and serious enough to get JB suspended or even disbarred? I have been thinking about this scenario and wondering what happens then. Since JB was the only privately retained attorney, would KC just have to settle for a public defender stepping in? Would Judge Perry appoint someone? Could a local attorney volunteer to take over the case, pro bono? I would imagine someone like R. Hornsby would jump at the chance to do all the things right that JB was doing wrong Could a new attorney be brought up to speed on the case quick enough so that the May trial date would still be attainable? I hope no one thinks CM would be able to brief someone if this unlikely event happens! IF JB is 'gone' does KC have to approve of her new attorney, will she have final say as to who defends her?

I asked this on another thread because I would love to get a discussion going on it, but also want to get our legal analysists take on it too.

It is highly unlikely that the Bar proceeding will get to that point before the murder trial--especially considering that the Bar will pretty much have to give JB extra time to respond and prepare for any hearing due to the competing demands of Casey's trial.

But in any event, KC has several lawyers. Does anyone think that the "team" would be worse off if JB had to step down? Why would KC need to replace him?

Regarding the news story about an accidental drowning being raised during Dr. G's deposition ....has the Defense, or whoever released Dr. G's deposition transcript to reporter Tony Pipitone, violated any Rules of Discovery or Rules of Criminal Procedure by releasing a document that has not been filed with the Clerk of Court and made public through Florida Sunshine Laws?

Would the reporter be forced to reveal how he got a copy of Dr. G's deposition transcript (when nobody else has it)?

Does the revealing of bits and pieces of the transcript, prejudice the State's case in any way?

No, I don't see anything wrong with releasing the transcript, in pieces or all at once.

 

[ThinkTank]

Originally Posted by ThinkTank
Regarding the news story about an accidental drowning being raised during Dr. G's deposition ....has the Defense, or whoever released Dr. G's deposition transcript to reporter Tony Pipitone, violated any Rules of Discovery or Rules of Criminal Procedure by releasing a document that has not been filed with the Clerk of Court and made public through Florida Sunshine Laws?
Would the reporter be forced to reveal how he got a copy of Dr. G's deposition transcript (when nobody else has it)?
Does the revealing of bits and pieces of the transcript, prejudice the State's case in any way?

AZLawyer said:
No, I don't see anything wrong with releasing the transcript, in pieces or all at once.

Does it matter that the document was released directly to a reporter, and NOT filed with the Clerk of Court? Can the Defense give a document to a reporter which has not been officially filed in the case (as in not public info)?

Dr. G's deposition transcript has not been filed with the Clerk of the Court.

 

[AZlawyer]

Originally Posted by ThinkTank
Regarding the news story about an accidental drowning being raised during Dr. G's deposition ....has the Defense, or whoever released Dr. G's deposition transcript to reporter Tony Pipitone, violated any Rules of Discovery or Rules of Criminal Procedure by releasing a document that has not been filed with the Clerk of Court and made public through Florida Sunshine Laws?
Would the reporter be forced to reveal how he got a copy of Dr. G's deposition transcript (when nobody else has it)?
Does the revealing of bits and pieces of the transcript, prejudice the State's case in any way?

AZLawyer said:
No, I don't see anything wrong with releasing the transcript, in pieces or all at once.

Does it matter that the document was released directly to a reporter, and NOT filed with the Clerk of Court? Can the Defense give a document to a reporter which has not been officially filed in the case (as in not public info)?

Dr. G's deposition transcript has not been filed with the Clerk of the Court.

Yes. Yes yes yes. Nothing wrong with it, I'm telling you lol.

The defense does plenty of things wrong, we don't have to make any up.

 

[Spangle]

The JAC demands an accounting BEFORE they give any money to the defense. The amounts that are "authorized" are not actually handed over to the defense until the work is done and documented.



By being sufficiently and publicly validated so that the community of scientists in that general field says "yes, this totally makes sense." It doesn't have to take a long time for that to happen, if the supporting data is there.

In the situation where the Judge told JB that he wasn't allowed to go fishing, and JB went ahead and called ALL the TES searchers fishing.. Who pays for that? The investigation team sent in a bill, and it was paid. Fishing or no.

IT sounds like they can get approval for an investigator, then have the investigator do anything, so long as they stay in the approved amounts. Then, woops, they need more hours.. cause they didn't do what they were needed to do in the first place. Is there nothing in place to prevent that sort of games?

 

[AZlawyer]

In the situation where the Judge told JB that he wasn't allowed to go fishing, and JB went ahead and called ALL the TES searchers fishing.. Who pays for that? The investigation team sent in a bill, and it was paid. Fishing or no.

IT sounds like they can get approval for an investigator, then have the investigator do anything, so long as they stay in the approved amounts. Then, woops, they need more hours.. cause they didn't do what they were needed to do in the first place. Is there nothing in place to prevent that sort of games?

The problem is that any second-guessing of the defense team's investigative decisions is likely to become an appeal issue. And HHJP did limit the "script" for the calls to TES witnesses in a manner that SHOULD have prevented "fishing," except for the fact that the defense team interpreted the remains site to include a large chunk of Orlando.

Really, the costs have been kept low in this case. Believe it or not.

 

[Numbers]

I think we talked about this a while back. I don't know of any law in FLA that would allow the JAC/State to get its money back--but I'm not a FLA lawyer so maybe we can snag RH next time he pops in and ask him.

Does this help? See page 47.

http://www.justiceadmin.org/faq/Training%20Modules/GuidetoIndCost%209-2010.pdf

 

[AZlawyer]

Does this help? See page 47.

http://www.justiceadmin.org/faq/Training%20Modules/GuidetoIndCost%209-2010.pdf

Yes! Thank you. So if Casey is convicted, according to this document and the statute cited on p. 47, the State can get a judgment against her for the costs.

And to answer Just Jayla's earlier question about who gets paid first--the State or ZG if she wins her lawsuit--unless there is some special provision somewhere in FLA law, I would think it would be whoever grabs the money first (by getting an appropriate court order identifying the bank account/property/etc. to be collected).

 

[Paintr]

If the SA does not plan to use the jailhouse reaction to the discovery of the remains, does that mean that this video will not be released to the public?

Thank you kindly for all your answers.

 

[strawberry]

If the SA does not plan to use the jailhouse reaction to the discovery of the remains, does that mean that this video will not be released to the public?

Thank you kindly for all your answere.

Hee hee I just asked that on the motions thread. I hope so!!

 

[salvarenga]

If the SA does not plan to use the jailhouse reaction to the discovery of the remains, does that mean that this video will not be released to the public?

Thank you kindly for all your answere.

LOL, I just came here to ask the exact same question. This is going to be hot topic.

 

[Tulessa]

State Won't Use Casey's Jailhouse Reaction

AZ why?

 

[AZlawyer]

If the SA does not plan to use the jailhouse reaction to the discovery of the remains, does that mean that this video will not be released to the public?

Thank you kindly for all your answers.

Hee hee I just asked that on the motions thread. I hope so!!

LOL, I just came here to ask the exact same question. This is going to be hot topic.

Whether they use it or not has nothing to do with whether it is released to the public. Didn't JS rule that it could not be released to the public because (paraphrasing) it might taint the jury pool? If so, then his order still stands. And the fact that the State doesn't plan to use the video doesn't change the fact that it might taint the jury pool.

State Won't Use Casey's Jailhouse Reaction

AZ why?

Because it is unhelpful to the prosecution. From the descriptions we've heard, Casey's reaction was equally consistent with guilt or with innocence.

 

[Paintr]

Awww! Could it be released after the trial?

For some reason, I really wanted to see this reaction for myself.

 

[AZlawyer]

Awww! Could it be released after the trial?

For some reason, I really wanted to see this reaction for myself.

Me too. The court might be reluctant to allow its release, however, as long as there is any danger that the case might need to be retried. At some point several years down the road, we might get to see it.

 

[ynotdivein]

Bringing my question from the "Will Casey Testify" thread to this more appropriate venue:

If KC at any time expresses to her lawyers a strong desire to get on the stand, how much leeway do they have to tell her firmly and unequivocally NO? If she says she wants to despite their protestations, do they HAVE to put her on the stand? Is there ground for mistrial if post-conviction she says, "I wanted to take the stand and my lawyers would not allow it?"