Legal Questions for our Verified Lawyers #4

[gmt]

Az I got one more, reading the post about Caylee's bio dad and lawsuits, would it matter at all if the A's and Casey deliberately had kept him from knowing he was a father?

 

[AZlawyer]

Bad as in bad for ICA or bad for ZG?

Bad for ZG. It is not a good case for defamation. Casey wasn't talking about ZG--she was talking about a fake person with the same first and last name. ZG was immediately cleared by law enforcement, and then SHE (ZG), not Casey, ran to the media to say "I'm the one Casey was talking about!" And IIRC ZG was already unemployed at the time.

If ZG's lawyers could prove that Casey got ZG's name from the Sawgrass records and had hoped LE would focus on ZG specifically, that might help. But despite the Internet myths, Casey did not correctly name ZG's children (and did not use the names of ZG's children as the roommate's names), did not correctly identify her car, and did not use her correct middle name. No one has ever really figured out how Casey would have obtained the information that ZG had visited Sawgrass on June 17. IMO the most likely scenario is that ZG also visited the apartments at which Casey's friend (I forget his name) worked. Casey had to stay back in the rental office while Tony and his roommate looked at apartments on June 19 (IIRC), and perhaps looked at cards from other prospective residents including ZG. Those cards might have included a section on "what other complexes in the area have you visited?" This is all speculation, though.

 

[logicalgirl]

Can the court or the State of Florida assess court cost damages against Casey Anthony to recoup the cost of the trial or the costs of the search for Caylee Marie Anthony when Baez appparently stated Casey knew all along that Caylee was dead?

I guess I am asking if the court will believe Casey wasted the courts time when she knew this child died from an accident and allowed this trial to go forward despite the "fact" that both Baez and Casey claimed it was an accident?

I ask this because over and over HHJP stated is concerns about what this was costing his courts budget and the people of Florida.

 

[mombomb]

Thanks so much for answering our endless questions.

What would happen if ICA did not show up for the depo by Morgan and Morgan?

Will she have to stay in the State of Florida?

Can she legally leave the country? I don't know if she has a pasport, but she is a convicted felon?

 

[bookworm474]

Are there any County laws, or ordinances applicable toward any child abuse or neglect issue?// Tks

 

[AZlawyer]

I've heard people say that if this had not been a death penalty trial they could have convicted her. Is there any truth to that (being that murder 1 and 2 were both options)?

I think those people mean that the jury would have been more likely to convict if the case had not been "overcharged." Certainly they were given lots of lesser charges as options.

The 2010 Florida Statutes(including Special Session A)

Title XXIX
PUBLIC HEALTH

Chapter 406
MEDICAL EXAMINERS; DISPOSITION OF DEAD BODIES

View Entire Chapter
406.12 Duty to report; prohibited acts.—It is the duty of any person in the district where a death occurs, including all municipalities and unincorporated and federal areas, who becomes aware of the death of any person occurring under the circumstances described in s. 406.11 to report such death and circumstances forthwith to the district medical examiner. Any person who knowingly fails or refuses to report such death and circumstances, who refuses to make available prior medical or other information pertinent to the death investigation, or who, without an order from the office of the district medical examiner, willfully touches, removes, or disturbs the body, clothing, or any article upon or near the body, with the intent to alter the evidence or circumstances surrounding the death, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 7, ch. 70-232; s. 353, ch. 71-136.
This is the only thing I can find in FL statutes about reporting a death.

Great, thanks. For some reason this is in the "public health" code rather than in the "criminal" code. It does cover the duty to report an accidental death. I assume the statute of limitations expired long ago, though. Also, I haven't researched this, but I suspect there would be a double jeopardy problem.

I have a question. Casey gave police the name ZFG,but when shown a pitcure of her she said no that is not her. Casey was in jaili. Her mom was the one hot footing it all over the place defaming this woman.
Can't ZFG get em both?

IMO Cindy came a lot closer to defaming ZG than Casey did, but she still didn't defame her. She said that Casey never saw a picture of ZG.

Az I got one more, reading the post about Caylee's bio dad and lawsuits, would it matter at all if the A's and Casey deliberately had kept him from knowing he was a father?

Yes. I still don't think he would get megabucks by any means for the loss of a child he did not know, but it would help.

 

[uklaw]

Great, thanks. For some reason this is in the "public health" code rather than in the "criminal" code. It does cover the duty to report an accidental death. I assume the statute of limitations expired long ago, though. Also, I haven't researched this, but I suspect there would be a double jeopardy problem.

Richard stated last night on WS radio that alongside DJ there was a doctrine against the bringing of multiple prosecutions arising out the same set of facts.

I don't understand it, it might just be something in Florida, because that's what they did with Darlie Routier. They charged her with one murder so they could bring another murder charge later on if the first one failed.

 

[AZlawyer]

Can the court or the State of Florida assess court cost damages against Casey Anthony to recoup the cost of the trial or the costs of the search for Caylee Marie Anthony when Baez appparently stated Casey knew all along that Caylee was dead?

I guess I am asking if the court will believe Casey wasted the courts time when she knew this child died from an accident and allowed this trial to go forward despite the "fact" that both Baez and Casey claimed it was an accident?

I ask this because over and over HHJP stated is concerns about what this was costing his courts budget and the people of Florida.

I really don't think so. You can't sue a defendant who is acquitted for the costs of prosecuting them. The defendant has a constitutional right to keep her mouth shut and let you try to prove your case. As for the search, the state was searching for a dead body most of the time anyway.

Thanks so much for answering our endless questions.

What would happen if ICA did not show up for the depo by Morgan and Morgan?

Will she have to stay in the State of Florida?

Can she legally leave the country? I don't know if she has a pasport, but she is a convicted felon?

Casey is probably going to be on probation upon release. Failing to comply with a subpoena while on probation would be a pretty stupid decision. She could be arrested (even if not on probation), and then the depo could take place in court.

She will probably be allowed to leave the state even if she is on probation. The other state will take over the probation monitoring requirements.

I don't know anything about restrictions on convicted felons leaving the country. I've never heard of it before, but that doesn't mean much.

Are there any County laws, or ordinances applicable toward any child abuse or neglect issue?// Tks

I doubt it. Besides, counties are subdivisions of states, so double jeopardy would prevent any county prosecution. Casey has been tried and acquitted of child abuse.

 

[AZlawyer]

Richard stated last night on WS radio that alongside DJ there was a doctrine against the bringing of multiple prosecutions arising out the same set of facts.

I don't understand it, it might just be something in Florida, because that's what they did with Darlie Routier. They charged her with one murder so they could bring another murder charge later on if the first one failed.

That's what I was thinking of--multiple prosecutions on the same set of facts. I think it's all part of the double jeopardy doctrine, though.

I'm not familiar with the Routier case, but are you talking about 2 separate murders? There is no double jeopardy problem with charging 2 separate murders separately, even if they happened at the same time. The 2 charges aren't on the same set of facts, because the identity of the victim is different.

 

[darnudes]

Just wanted to come and thank ALL the lawyers who have spent time and energy in responding to our many questions (even my stupid ones) for the last few years. This has been one of the best threads on this forum and in no small way helped me understand the American justice system. You have all been very kind to us considering we must have driven you crazy. Thank you all so much.

 

[uklaw]

That's what I was thinking of--multiple prosecutions on the same set of facts. I think it's all part of the double jeopardy doctrine, though.

I'm not familiar with the Routier case, but are you talking about 2 separate murders? There is no double jeopardy problem with charging 2 separate murders separately, even if they happened at the same time. The 2 charges aren't on the same set of facts, because the identity of the victim is different.

Thanks for clarifying that. Yes Routier was accused (and in one case convicted) of murdering two of her children during the same staged break-in.

 

[MEM2010]

Sorry if this has been asked. Let me know if it has, but if Casey is sentenced to any time will she have to go in Gen Pop?

TIA!

 

[grammieto5]

Is there any way JP can overrule or is it overturn any of the not guilty verdicts?

 

[gngr~snap]

bottom line here? I tried to pussy foot and it will only confuse you.

with regards to an "unprovable molestation accusation by an adult female about herself and her deceased daughter that 911 was not called on upon her demise AND she was left in the woods to decompose...

LDB while questioning a person got a response that was not expected....

does "the child" ALWAYS wear a floatation device when in the pool.
yes always

then how do you get "the child" out of the pool"?

"I take her life vest off and remove her bathing suit and let her be naked in the pool to feel the water on her body."

then what do you do?
"we go to the jets cause she likes the way they feel on her back and bottom."

and after that how does dhe get out of the pool?
"her mother has a towel and recieves her from me."


this "woman" was then questioned about pictures
one in which the female child id standing wearing a shirt only no diaper and a dog it standing right next to her "junk"
then aske about many pictuees of the child wear a diaper or panties???

and asked about dress up clothes of the child

"like to "snuggle" with my girls in the bed" (daughter and granddaughter)
so when they aren't here whatdo you do
she slept with stuffed animals

the prosecutor then asks "Mrs. so and so why do you still "snuggle" with your adult daughter"?
> sidenote: it is also common knowledge that the
defendant "slept with" mom while she was out of jail
on bond instead of her own room. Because she was "scared"

also a couple of the adult daughters friends have reported that the grandmother bathed the female two year old 3-6 times per day

are these responses in ANY waty a possible indicator that there was indeed something going on the home that MAY have been inapproriate with the two year old child?

is LDB onto something here? did she just get unofficial testimoney that might uphold the defendants allegations that he or she had molested her child before it died?

 

[mfcmom]

To our lawyers, why can' t Judge Perry tomorrow order her to pay restitution to the State of Florida for the tons of money spent on searches for a "Missing Child", since Mr. Baez said the baby drowned on June 16th. I am a Florida taxpayer and this is just so wrong.

 

[AZlawyer]

Sorry if this has been asked. Let me know if it has, but if Casey is sentenced to any time will she have to go in Gen Pop?

TIA!

That's up to the jail administration. My guess is yes.

Is there any way JP can overrule or is it overturn any of the not guilty verdicts?

No.

bottom line here? I tried to pussy foot and it will only confuse you.

with regards to an "unprovable molestation accusation by an adult female about herself and her deceased daughter that 911 was not called on upon her demise AND she was left in the woods to decompose...

LDB while questioning a person got a response that was not expected....

does "the child" ALWAYS wear a floatation device when in the pool.
yes always

then how do you get "the child" out of the pool"?

"I take her life vest off and remove her bathing suit and let her be naked in the pool to feel the water on her body."

then what do you do?
"we go to the jets cause she likes the way they feel on her back and bottom."

and after that how does dhe get out of the pool?
"her mother has a towel and recieves her from me."


this "woman" was then questioned about pictures
one in which the female child id standing wearing a shirt only no diaper and a dog it standing right next to her "junk"
then aske about many pictuees of the child wear a diaper or panties???

and asked about dress up clothes of the child

"like to "snuggle" with my girls in the bed" (daughter and granddaughter)
so when they aren't here whatdo you do
she slept with stuffed animals

the prosecutor then asks "Mrs. so and so why do you still "snuggle" with your adult daughter"?
> sidenote: it is also common knowledge that the
defendant "slept with" mom while she was out of jail
on bond instead of her own room. Because she was "scared"

also a couple of the adult daughters friends have reported that the grandmother bathed the female two year old 3-6 times per day

are these responses in ANY waty a possible indicator that there was indeed something going on the home that MAY have been inapproriate with the two year old child?

is LDB onto something here? did she just get unofficial testimoney that might uphold the defendants allegations that he or she had molested her child before it died?

I'm so confused. What "unofficial testimony" do you mean? Are you talking about testimony that took place at trial? I didn't watch most of the trial videos but I don't remember seeing any summaries that included this line of questioning.

It sounds like you're suggesting that the evidence might support an allegation that Cindy molested Casey and Caylee? If so, I don't understand what you mean by "the defendants allegations that he or she had molested her child before it died." Casey never alleged (and even JB never alleged) that anyone had molested Caylee before she died. And assuming she had, what would that have to do with anything? What's the legal question here? :waitasec:

To our lawyers, why can' t Judge Perry tomorrow order her to pay restitution to the State of Florida for the tons of money spent on searches for a "Missing Child", since Mr. Baez said the baby drowned on June 16th. I am a Florida taxpayer and this is just so wrong.

First of all, Casey has not admitted that the baby was not missing. Opening statements are not evidence. This would have to be proven in a separate proceeding. Second, how much money did the state really spend searching for a "live Caylee" vs. a "dead Caylee"? Third, the amount spent on the searches dwarfs in comparison to the amount spent on the prosecution. IMO the state is very unlikely to pursue it.

 

[uklaw]

First of all, Casey has not admitted that the baby was not missing. Opening statements are not evidence. This would have to be proven in a separate proceeding. Second, how much money did the state really spend searching for a "live Caylee" vs. a "dead Caylee"? Third, the amount spent on the searches dwarfs in comparison to the amount spent on the prosecution. IMO the state is very unlikely to pursue it.

That answers a related question in the back of my mind.

So to clarify, it cannot be argued that an admission contained within an attorney's openining statement on behalf of their client binds the client? As in how an agent binds his principal.

 

[gngr~snap]

<< SNIP

I'm so confused. What "unofficial testimony" do you mean? Are you talking about testimony that took place at trial? I didn't watch most of the trial videos but I don't remember seeing any summaries that included this line of questioning.

It sounds like you're suggesting that the evidence might support an allegation that Cindy molested Casey and Caylee? If so, I don't understand what you mean by "the defendants allegations that he or she had molested her child before it died." Casey never alleged (and even JB never alleged) that anyone had molested Caylee before she died. And assuming she had, what would that have to do with anything? What's the legal question here? :waitasec:

sorry!

if you get an admission by someone on the stand- can it then be used as testimony at another time? is it "on the record"
like is it "official?" because it's not hearsay.

I knowCasey said her dad did and JB did too. but it wasn't allowed in.
JB could not speak about it.

MOTHERS ARE VERY UNDER REPORTED-

it really seemed like Linda was headed
down that road i wasn't sure.

I know I had been told that I would at least report it.


is that making any sense?
not can she report it but
could it be used to brings charges?

 

[Nikki 01]

Why are jurors allowed to profit off of jury duty?

 

[Nova24]

JA has said State will go after her for some monies. Not sure if it happens or not but would be nice. lol

I know she was sentenced to 412 days for check fraud. Is she serving that currently or did she get time served when sentenced? I thought she could still serve 2.5 years tomorrow but I've seen it reported she's out or 1 year due to 3 served. Any idea in regards to 412 days?