Legal Questions for our Verified Lawyers #4

mombomb

New Member
Joined
Sep 22, 2008
Messages
1,437
Reaction score
0
Is RHornsby still around here?

If so, I'm curious as to how you think the John Morgan video deposition of Casey on July 19 will go. Do you think it will happen? It seems to me that he will be getting her "new story" out for free - and on the record. I understand that if it happens, she'll have to answer questions because she doesn't need 5th amendment protection?
 

sherryk

New Member
Joined
Apr 17, 2010
Messages
444
Reaction score
9
Could Gentiva file a suit against Cindy Anthony for stating under oath the her employers basically advised her to report inaccurate hours on time card.

I would think that would give the company a bad name.. effecting any future potential clients the company may seek.. who would want to have medical records with a company that practices in bad employee ethics?

Is there a possiblity that a suit will be filed by Gentiva and how far would it acutally go. That would certainly take any profits Cindy Anthony makes off this if she were liable to them for damages?
 

uklaw

New Member
Joined
Apr 19, 2011
Messages
785
Reaction score
0
Why did the Prosecution keep Juror 2 on the pool? He stated that he could not vote for the DP.

The Defense were succesful on the Batson challenge on the other African American Juror but she came onto the panel AFTER juror 2 (she was juror 4).
 

Justin Tyme

New Member
Joined
Apr 27, 2010
Messages
871
Reaction score
1
Is there a time limit that KC has to pay the fines that JP imposed against her? What happens if she doesn't pay her fines in a timely manner? Thank you.
 

AZlawyer

Verified Attorney
Joined
Oct 1, 2008
Messages
7,883
Reaction score
2,123
Could Gentiva file a suit against Cindy Anthony for stating under oath the her employers basically advised her to report inaccurate hours on time card.

I would think that would give the company a bad name.. effecting any future potential clients the company may seek.. who would want to have medical records with a company that practices in bad employee ethics?

Is there a possiblity that a suit will be filed by Gentiva and how far would it acutally go. That would certainly take any profits Cindy Anthony makes off this if she were liable to them for damages?

Cindy should have witness immunity from a defamation suit for statements made under oath in court.

Why did the Prosecution keep Juror 2 on the pool? He stated that he could not vote for the DP.

The Defense were succesful on the Batson challenge on the other African American Juror but she came onto the panel AFTER juror 2 (she was juror 4).

He eventually stated he could vote for the death penalty if he really believed it needed to be done. That's good enough to be "death qualified."

Is there a time limit that KC has to pay the fines that JP imposed against her? What happens if she doesn't pay her fines in a timely manner? Thank you.

The judge can decide the payment schedule. She could be found in contempt if she does not pay.
 

bonniez451

Member
Joined
Apr 20, 2011
Messages
111
Reaction score
1
Thank you for still being here as we all try to get past this. But, I do have a question regarding the state going for reimbursement and that it;s basically because of jb statements about Caylees' death the question is seeing that they could legally say all the things they wanted about other people can jb just say he was lying about those statements in order to get his client off therefore, they cannot go after ica. And is it only ica that can be gone after the way they made it sound like they knew for quite awhile I'm sorry if these queries have been asked and answered. I'm so glad you're all here.
 

sherryk

New Member
Joined
Apr 17, 2010
Messages
444
Reaction score
9
Caylee was cremated. Who at this point has the legal rights to the reamins. ICA would seem to legal person that has the rights, am I correct.

Can GA and CA claim that they scattered the ashes and nothing can be done or said about it, even if that in fact is not true. If it cant be proven will they be allowed to keep them regardless if Casey wants the remains.
 

amelia4203

New Member
Joined
Jun 18, 2011
Messages
8
Reaction score
0
Isn't covering up a death and disposing of a body without notifying authorities against the law? And wouldn't there be an implied amount of guilt for someone taking such actions, as well as misleading law enforcement and refusing to cooperate?

I've read that some people (including jurors) believe this was a horrible accident and that this dysfunctional family was unable to deal with it appropriately. That doesn't seem like a valid excuse and I'm surprised it's not a serious offense (more serious than fraud).

I'm very curious about how CA could be cleared of any criminal conduct. Is it because the state went for the death penalty and put all their cards on the table? If so, why would the state risk it if it could mean that CA would walk free?
 

costalpilot

Active Member
Joined
Dec 13, 2008
Messages
1,824
Reaction score
9
Website
www.pearltatman.com
Yes, it existed even before Martha Stewart :) and has to do with lying to federal officers. But Casey did not lie to the FBI, just to Orlando LE, and anyway I don't think this was ever a case within FBI jurisdiction. I think they were just "helping out."

are you certain she was not interviewed by the FBI?

her parents were:

http://www.news4jax.com/news/18040317/detail.html

and if she was, and she lied to them about the nanny, why would jurisdiction make a difference? if you lie to the FBI when they are questioning you, you have lied to the FBI; surely that is a federal offense, even if they were just helping out?

no? yes?
 

AZlawyer

Verified Attorney
Joined
Oct 1, 2008
Messages
7,883
Reaction score
2,123
Thank you for still being here as we all try to get past this. But, I do have a question regarding the state going for reimbursement and that it;s basically because of jb statements about Caylees' death the question is seeing that they could legally say all the things they wanted about other people can jb just say he was lying about those statements in order to get his client off therefore, they cannot go after ica. And is it only ica that can be gone after the way they made it sound like they knew for quite awhile I'm sorry if these queries have been asked and answered. I'm so glad you're all here.

They can only seek reimbursement for costs caused by the crimes for which she was convicted--lying to LE. They don't need to rely on any statements JB made, because they have the convictions. IMO they did not spend much time or money discovering that she lied about the specific things listed in the indictment--they figured out those lies in less than 24 hours--but HHJP seems disappointed in the result of the trial and might allow more costs than he normally would.

They cannot go after the lawyers. The lawyers did not commit the crimes.

Caylee was cremated. Who at this point has the legal rights to the reamins. ICA would seem to legal person that has the rights, am I correct.

Can GA and CA claim that they scattered the ashes and nothing can be done or said about it, even if that in fact is not true. If it cant be proven will they be allowed to keep them regardless if Casey wants the remains.

Casey owns the remains.

Of course GA and CA can lie, and, as we have seen, sometimes lying does pay off.

Isn't covering up a death and disposing of a body without notifying authorities against the law? And wouldn't there be an implied amount of guilt for someone taking such actions, as well as misleading law enforcement and refusing to cooperate?

I've read that some people (including jurors) believe this was a horrible accident and that this dysfunctional family was unable to deal with it appropriately. That doesn't seem like a valid excuse and I'm surprised it's not a serious offense (more serious than fraud).

I'm very curious about how CA could be cleared of any criminal conduct. Is it because the state went for the death penalty and put all their cards on the table? If so, why would the state risk it if it could mean that CA would walk free?

In Florida, it looks like covering up an accident by disposing of the body is a misdemeanor (i.e., no big deal).

The jurors were instructed on many lesser offenses and had lots of options.

are you certain she was not interviewed by the FBI?

her parents were:

http://www.news4jax.com/news/18040317/detail.html

and if she was, and she lied to them about the nanny, why would jurisdiction make a difference? if you lie to the FBI when they are questioning you, you have lied to the FBI; surely that is a federal offense, even if they were just helping out?

no? yes?

Her parents were interviewed by the FBI while she was in jail. She was not.

The statute regarding lying to the FBI states that it must be about a matter within federal jurisdiction.
 

TexasLori

Member
Joined
Apr 25, 2011
Messages
782
Reaction score
2
I have a very serious question for you AZ, please pay close attention.

How many different ways can you ask if Casey can be retried? And are you tired of answering that yet?

Hahaha, just being silly. I am just as devastated by the verdict as my fellow WSers. And I too wish it was different. :)
 

AZlawyer

Verified Attorney
Joined
Oct 1, 2008
Messages
7,883
Reaction score
2,123
I have a very serious question for you AZ, please pay close attention.

How many different ways can you ask if Casey can be retried? And are you tired of answering that yet?

Hahaha, just being silly. I am just as devastated by the verdict as my fellow WSers. And I too wish it was different. :)

I honestly think that the members of WS have thought of every single possibility. It's like a brainstorming session--throw everything on the whiteboard and see what might work. :)

I'm not tired of answering quite yet. ;)
 

Tulessa

Well-Known Member
Joined
Jul 10, 2009
Messages
23,024
Reaction score
3,390
AZ, is this true? I have been posting petitions on my FB book page and I got this response:

It is a con artists way of getting your info! Anything to go to a federal court has to be signed in person. I know you are upset, But so many are taking advantage!!
 

AZlawyer

Verified Attorney
Joined
Oct 1, 2008
Messages
7,883
Reaction score
2,123
AZ, is this true? I have been posting petitions on my FB book page and I got this response:

It is a con artists way of getting your info! Anything to go to a federal court has to be signed in person. I know you are upset, But so many are taking advantage!!

Well, you can send anything you want to a federal court, but they won't file it unless it relates to an actual case before the court and you are an authorized filer in that case. It wouldn't matter if it were signed in person and notarized if it isn't a proper document to be filed.

But why would anyone send these petitions to a court? I assume they are going somewhere else.
 

Tulessa

Well-Known Member
Joined
Jul 10, 2009
Messages
23,024
Reaction score
3,390
Well, you can send anything you want to a federal court, but they won't file it unless it relates to an actual case before the court and you are an authorized filer in that case. It wouldn't matter if it were signed in person and notarized if it isn't a proper document to be filed.

But why would anyone send these petitions to a court? I assume they are going somewhere else.

Thank you friend. :)
 

askfornina

Well-Known Member
Joined
Jun 24, 2011
Messages
1,876
Reaction score
29
can caseys mental evaluations ever be released? i am leaning toward a very strong no, but just wondering.
 

TexasLori

Member
Joined
Apr 25, 2011
Messages
782
Reaction score
2
I honestly think that the members of WS have thought of every single possibility. It's like a brainstorming session--throw everything on the whiteboard and see what might work. :)

I'm not tired of answering quite yet. ;)

Thank you, AZ, for helping us work through this and get to acceptance. :)
 

dodie20

New Member
Joined
Jan 26, 2010
Messages
5,077
Reaction score
117
This isn't really a legal question, but more of a medical/legal question. This has been bugging me and I wonder if someone can hep me out. I read that the stain in the trunk, was in the form of a child in the fetal position.Was that a full fetal position? If a child drowns, does she revert to the fetal position? semi fetal? none at all? If this was answered at the trial, I missed it and apologize in advance. Thank you.
 

AZlawyer

Verified Attorney
Joined
Oct 1, 2008
Messages
7,883
Reaction score
2,123
This isn't really a legal question, but more of a medical/legal question. This has been bugging me and I wonder if someone can hep me out. I read that the stain in the trunk, was in the form of a child in the fetal position.Was that a full fetal position? If a child drowns, does she revert to the fetal position? semi fetal? none at all? If this was answered at the trial, I missed it and apologize in advance. Thank you.

You should read the "stain in the trunk" thread. Search thread titles for "stain" and it should come up.

The stain is open to interpretation. IMO the best interpretation is more of a "side-sleeping toddler" position :( (legs bent to the side) than a "full fetal" position.

I don't have any idea about the drowning question.
 
Top