Legal Questions for Our VERIFIED Lawyers #2

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KC had a radio in her cell and according to the jailer who brought her down to medical she was aware they found something and questioned the jailer about it. She was placed outside of medical where there was a TV monitor so she could see the news. Now if the TV is permanently affixed and was not just placed would KC viewing the news be appropriate under these conditions? While I agree the video should not be released because her attorney was not present and this involved a medical issue because KC was brought down to be seen by a medical professional. So could this be the real reason SA has chosen not to use it?
 
KC had a radio in her cell and according to the jailer who brought her down to medical she was aware they found something and questioned the jailer about it. She was placed outside of medical where there was a TV monitor so she could see the news. Now if the TV is permanently affixed and was not just placed would KC viewing the news be appropriate under these conditions? While I agree the video should not be released because her attorney was not present and this involved a medical issue because KC was brought down to be seen by a medical professional. So could this be the real reason SA has chosen not to use it?

BBM

IIRC, LE (YM or JA?) instructed the jail staff to bring her to the common area near the infirmary.

Let's hang on and see what one of the attorneys say before we turn this into a discussion thread.
 
I just have one more question regarding the video. The reports say that SA does not "intend" to use the video so does that mean they may still use it if defense brings something up which will open the door for the video? Pretty much the state saying we won't bring it up but if you head in that direction in it comes?
 
i dont understand why is maya d going to be at the hearing when the sa are saying they wont use her? not that i dont want to witness her reaction (kc)s
 
i dont understand why is maya d going to be at the hearing when the sa are saying they wont use her? not that i dont want to witness her reaction (kc)s

I believe it's Robin Adams who will be there, not MayaD....that's my understanding..JMHO

Justice for Caylee
 
Has anyone seen the motion from the defense, re: Strike the State's motion to show cause. It befuddles me that he would enter such a motion at this late date when it's already on the docket for a hearing. My thoughts, he is upset because in his e-mail to Judge Perry's judicial assistant, he asked if they could meet in chambers to clear up any confusion. Really, what could he say in his motion.

It's posted now in the motions and news threads. Basically, he says that since he couldn't think of any basis in the rules for the judge to enter such an order, he couldn't understand it when he (allegedly) read it. BTW the judge doesn't need any specific rule to allow him to say, "Look. No one can really understand your motions, JB. Give us a simple list of issues with none of your usual chit-chat."

When the state says "no witnesses or exhibits" what do they mean? Is it that the defense hasn't presented any witnesses or exhibits and that is the reason for the filing or does it mean the State doesn't have anything more to add?

It means that there are no new facts to be proved relating to that motion--just argument based on case law and the facts that are already known.

ICA had no reaction to the bag of bones found in the Little Econ River but she had quite a reaction to the remains found at Suburban...

Wasn't this taped in a common area of the jail? How was the jail to know she'd have that reaction?

Consciousness of guilt, always shines through, IMO...but I agree with keeping it sealed, if only to preserve appellate issues, which is what the State is also saying. They have tons more against her and the hardest burden for her will be the 31 days of not reporting,the smell of death in the car, the partying done that entire month, her outragous lies, the tatt...her frame of mind will be one of not caring or worrying...

Has the jailhouse visit where ICA looses her cool with her parents in as well as her being told of Caylee's reward and ICA saying, wow, that's half my bond? Are those in??? JMHO

Justice for Caylee

First of all, we have no idea what her reaction was to the bits of plastic or whatever were found at the Little Econ River. There was a rumor that she didn't think much of it, but an innocent mother might have felt the same way. I mean, no one was saying "a skull was found."

The reaction video was not just captured in a common area. It was set up on purpose by LE, using jail employees, to see what her reaction would be and to get it on video.

But most importantly, it doesn't sound like she reacted in any way that would particularly help the jury figure out if she was guilty or innocent, so it's just irrelevant.

The jailhouse visits are the subject of a motion regarding whether or not GA and CA were acting as "agents of the state" trying to get her to talk during those visits. IMO this is just silly and the motion should be denied.

KC had a radio in her cell and according to the jailer who brought her down to medical she was aware they found something and questioned the jailer about it. She was placed outside of medical where there was a TV monitor so she could see the news. Now if the TV is permanently affixed and was not just placed would KC viewing the news be appropriate under these conditions? While I agree the video should not be released because her attorney was not present and this involved a medical issue because KC was brought down to be seen by a medical professional. So could this be the real reason SA has chosen not to use it?

There's no problem having her view the news. The problem was, she did not ask to see the news--the jailers were asked by LE to BRING HER to see the news and to make sure the cameras were pointing at her, and to take notes as to what she said.

I think the main reason the SA has chosen not to use the video is that it sounds like it is not too helpful to their case. The defense team could easily "spin" it as an innocent mother who was being forced by her jailers to see the news of her child's body being found so they could laugh at her, and who reacted with devastation followed by denial.

I just have one more question regarding the video. The reports say that SA does not "intend" to use the video so does that mean they may still use it if defense brings something up which will open the door for the video? Pretty much the state saying we won't bring it up but if you head in that direction in it comes?

If the defense "opens the door," things could change. This is very unlikely to happen, however. Perhaps if Casey took the stand and said, "When I found out Caylee's body was found, I collapsed to the floor, curled up in a fetal position, and sobbed for hours," then the SA would be allowed to show the video. ;)
 
Hi AZ,

In the latest motion by the defense to strike the motion to show cause saying the HHBPJ negated his order by what he said in open court? Does this make any sense if the order was issued after the open court discussions?

I'm not sure if I am reading it right. (page 3, point 3) (and carrying on to page 4, point 4)

http://www.wesh.com/pdf/27038010/detail.html
 
Hi AZ,

In the latest motion by the defense to strike the motion to show cause saying the HHBPJ negated his order by what he said in open court? Does this make any sense if the order was issued after the open court discussions?

I'm not sure if I am reading it right. (page 3, point 3) (and carrying on to page 4, point 4)

http://www.wesh.com/pdf/27038010/detail.html

Yes, that's what JB is saying and no, it makes no sense at all.

And I'm not convinced there is any way to "read it right" that would help anyone understand it. ;)
 
During jury selection, will Casey be present? I know we won't get to see it, but I was just wondering if Casey would have any say in who gets to be on "her" jury. I could literally see her wanting a certain "male" juror being picked because he is "cute."

Also, to all the lawyers, what kind of prep goes into picking a jury? What kind of jurors do you think the defense will be looking for to sit on Casey's jury? Do the State and the Defense both get a certain number of selections?
 
During jury selection, will Casey be present? I know we won't get to see it, but I was just wondering if Casey would have any say in who gets to be on "her" jury. I could literally see her wanting a certain "male" juror being picked because he is "cute."

Also, to all the lawyers, what kind of prep goes into picking a jury? What kind of jurors do you think the defense will be looking for to sit on Casey's jury? Do the State and the Defense both get a certain number of selections?

She'll be there. But keep in mind you don't really get to "pick" a jury so much as "unpick" a jury. :) IOW, you get to say who you DON'T want on the jury rather than who you DO want. Each side will get a certain number of "strikes" for which you don't have to give any reason, and then you can ask the judge to strike an unlimited number of potential jurors "for cause."

E.g., if a potential juror says "well, I've been a WS member since day 1 and I have the unshakable conviction that she is guilty as hell," that potential juror would be stricken "for cause."

But if a potential juror says, "I'm a member of WS and have read lots of the discovery releases and posted once in a while, but I can set aside what I've seen, focus on the evidence presented here, and be fair," then the judge would probably not excuse that juror "for cause." But JB might want to use a "free strike" against that juror.

IMO the defense will use up quite a few "free strikes" on people they were hoping to get stricken for cause. If they have any left, they might want to strike responsible and loving mothers.

ETA: A lot of prep normally goes into deciding what type of person you will strike, and writing voir dire questions (the questions you ask jurors before the strikes are made) that will help you identify those people. You do NOT want to ask voir dire questions that will help identify the jurors you LIKE, because then the other side will strike them. ;)
 
Is there some point that the judge can call Baez into his chambers and say something like...this nonsense needs to stop. And maybe explain to him he is a fool? I just dont understand how some of his behavior is allowed to continue. It really seems like someone needs to have a little chat with him.
 
Is there some point that the judge can call Baez into his chambers and say something like...this nonsense needs to stop. And maybe explain to him he is a fool? I just dont understand how some of his behavior is allowed to continue. It really seems like someone needs to have a little chat with him.

Yes, but HHJP would need to be very specific about what the "nonsense" is in order to show that he is not just biased against the defense. I don't think it would be too hard for him to do that, though. :)

My guess is that HHJP will instead address each "nonsense" situation one at a time to keep the record clean and clear for appeal.
 
Yes, but HHJP would need to be very specific about what the "nonsense" is in order to show that he is not just biased against the defense. I don't think it would be too hard for him to do that, though. :)

My guess is that HHJP will instead address each "nonsense" situation one at a time to keep the record clean and clear for appeal.

Just not tomorrow, o.k. I want to see HHJP rockin 'n" rolling in his chair.
 
How likely (or unlikely) would it be for Judge Perry to rule that the Anthony's were "Agents of the State?" I think I am getting a little nervous about tomorrow and I need some reassurance.
 
Can either side call witnesses to testify in a court hearing in this case that are on neither of their witness lists?
 
How likely (or unlikely) would it be for Judge Perry to rule that the Anthony's were "Agents of the State?" I think I am getting a little nervous about tomorrow and I need some reassurance.

I think there is approximately a 0.001% chance that the motion will be granted. :)
 
Can either side call witnesses to testify in a court hearing in this case that are on neither of their witness lists?

Normally no--only if there is some unexpected development that the attorney couldn't have reasonably anticipated.
 
Hypothetical situation/question for AZLawyer?

Tomorrow and the day after, YOU will be sitting on the bench for this hearing. How would you answer the motion/whining session filed by Jose Baez, Esq?

Take your time drafting an answer. I have to make dinner. :)

TYVM

To clarify, it's the Motion To Strike the State of Florida's Motion For Rule to Show Cause
 
Hypothetical situation/question for AZLawyer?

Tomorrow and the day after, YOU will be sitting on the bench for this hearing. How would you answer the motion/whining session filed by Jose Baez, Esq?

Take your time drafting an answer. I have to make dinner. :)

TYVM

To clarify, it's the Motion To Strike the State of Florida's Motion For Rule to Show Cause

:HHJP: DENIED! :HHJP:

That didn't take too long actually. :) As HHJP said in his order setting the hearing, the order was crystal clear. JB and CM either didn't read it or decided to ignore it.
 
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