Legal Questions for our Verified Lawyers #4

Maia

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Possibly Morgan didn't think of the possibility that she would appeal. I know I didn't. No one appeals misdemeanor convictions on which the defendant basically got out for time served.

Does JB have to have an appeal filed by the 19th or is she protected under the
5th for the entire 30 days given to file, whether an appeal has been filed or not?

Gosh, I hope that makes sense. Thanks, again.
 

Beyond Belief

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Will Caylee's murder continue to be investigated? Will everyone be expected to cooperate?
 

Prof

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AZ ...Thank you for answering previous questions about FBI involvement. Along the lines of the FBI involvement, why would false claims of kidnapping not be a federal offense? Is not the alleged kidnapping claim why the FBI had any connection to this case? I was under the (possibly wrong) impression that the FBI were more involved in the case. For instance, why would the FBI wire ICA's friend?
http://www.wftv.com/news/27162542/detail.html

Thanks again for all of your posts!
 

uklaw

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At the ZG depo, how limited will 5th Amnd privileged be?

In actuality couldn't she just take the 5th to any question asked?

The convictions are for lying to LE (I think one is for lying about the phanton ZFG) and this suit is about lying to LE about this Zaneida Gonzales. Therefore, any question relevant to the action is also relevant to the criminal case and subject to 5th amendment privilege.

Also could the Defense move to postpone on the basis of mental health grounds?
 

gamom

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Double jeopardy means (simplified) that you can't be tried twice for the same offense. So if you are acquitted you can't be retried. The fact that your jurors committed misconduct can't deprive you of your constitutional rights.

If you are convicted, presumably you are ASKING to be retried so that's OK.

I don't think the double jeopardy rule will be set aside in the US any time soon.

Could KC be charged with a new crime regarding how she Disposed of caylees remains or for child neglect since she has admitted she was sleeping when Caylee so called drowned? Or is this considered the same offense? Sorry if you have already answered this I tried to run a search first.
 

Beyond Belief

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Swirlz

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Why wasn't Casey charged with illegally disposing of a dead body?
 

ZsaZsa

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I heard this from Cheney's mouth during his interview with Jean Carsas on HLN, then latter JVM was talking about it with Mike Galanos and she said she had never seen a male prisoner with hair that long. What's up, anyone?

Can a prison really make those restrications? Whoud Cheney Mason lie?

I saw that interview too. JC asked him why ICA didn't cut her hair- CM said they had tried to send in a hairdresser at one point but the jail would not permit it - then he said they would not allow her to cut her hair- at which JC said why.. I've covered lots of DP cases and I've never seen male prisoners with hair down their backs? - to which CM said - I know, but there was a lot of things about this case that were done differently... :innocent:
 

Oakley

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RC/CH's testimony of "an accident that snowballed out of control" was so hinky to me. Seemed JA recognized it too, and was attempting to clarify that GA didn't say he had knowledge of an accident but rather it was his belief, which didn't matter, IMO, as all the jury heard was 'it was an accident that snowballed out of control.' She kept repeating it as if she somehow wanted that, if nothing else, to be stressed. And I believe it worked to the defense's advantage in planting reasonable doubt. Is it too late for LE to investigate her possible prior connection(s) with JB? TIA.
 

AZlawyer

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Does JB have to have an appeal filed by the 19th or is she protected under the
5th for the entire 30 days given to file, whether an appeal has been filed or not?

Gosh, I hope that makes sense. Thanks, again.

She can just say she still plans to appeal.

Will Caylee's murder continue to be investigated? Will everyone be expected to cooperate?

No, it has already been investigated just about as much as it can be investigated. If LE chooses to continue to investigate, however, people will be expected not to obstruct the investigation.

AZ ...Thank you for answering previous questions about FBI involvement. Along the lines of the FBI involvement, why would false claims of kidnapping not be a federal offense? Is not the alleged kidnapping claim why the FBI had any connection to this case? I was under the (possibly wrong) impression that the FBI were more involved in the case. For instance, why would the FBI wire ICA's friend?
http://www.wftv.com/news/27162542/detail.html

Thanks again for all of your posts!

I am not aware that the FBI was ever ACTUALLY investigating anyone for the commission of a federal crime in this case. But now that I think about it, it is always possible that the FBI will come along and say, oh yes, we were investigating Casey's claim to local LE that ZFG stole her baby, took her in a car and may have crossed state lines with her. Because what Casey alleged would describe a potential federal crime by ZFG, the FBI could say that she should reasonably have expected her statements to local LE to be passed on to the FBI, and when she later learned that the FBI was, in fact, involved she made no effort to correct those statements.

There's a 5-year statute of limitations if the feds are interested in prosecuting on that theory, and a potential 5-year sentence. On the downside, Casey could use this possibility as an excuse to continue to plead the 5th in the ZG defamation case even after the state court case is fully resolved.

At the ZG depo, how limited will 5th Amnd privileged be?

In actuality couldn't she just take the 5th to any question asked?

The convictions are for lying to LE (I think one is for lying about the phanton ZFG) and this suit is about lying to LE about this Zaneida Gonzales. Therefore, any question relevant to the action is also relevant to the criminal case and subject to 5th amendment privilege.

Also could the Defense move to postpone on the basis of mental health grounds?

Given the fact that one of the convictions she might appeal is for lying to LE about leaving Caylee with ZFG at Sawgrass, there is very little that she could be asked for which she couldn't say she plans to appeal and take the 5th.

IMO they are not going to be able to prove that Casey is mentally unfit to sit for a deposition.

Could KC be charged with a new crime regarding how she Disposed of caylees remains or for child neglect since she has admitted she was sleeping when Caylee so called drowned? Or is this considered the same offense? Sorry if you have already answered this I tried to run a search first.

It is not necessarily child neglect if your child drowns while you are asleep. Anyway, she can't be charged with anything else arising out of the same set of facts as her first trial.


I found this that was posted in one of the other links. I remember the defense photo being used by the DT. But the bedroom is different in the two photos. Is that acceptable practice to use a photo in evidence that is actually different than what the crime scene photo was actually like?

Sure, as long as you establish foundation for the photo (who took it and when, and does it accurately depict the room).

Why wasn't Casey charged with illegally disposing of a dead body?

Because it is a misdemeanor and absolutely no one cared to charge her with a misdemeanor in connection with Caylee's death. The lying to LE misdemeanors were thrown in just because they were so darn easy to prove.

I saw that interview too. JC asked him why ICA didn't cut her hair- CM said they had tried to send in a hairdresser at one point but the jail would not permit it - then he said they would not allow her to cut her hair- at which JC said why.. I've covered lots of DP cases and I've never seen male prisoners with hair down their backs? - to which CM said - I know, but there was a lot of things about this case that were done differently... :innocent:

Sounds like nonsense. Obviously they can't bring in their own personal hairdresser. They have to use the jail barber like everyone else.

RC/CH's testimony of "an accident that snowballed out of control" was so hinky to me. Seemed JA recognized it too, and was attempting to clarify that GA didn't say he had knowledge of an accident but rather it was his belief, which didn't matter, IMO, as all the jury heard was 'it was an accident that snowballed out of control.' She kept repeating it as if she somehow wanted that, if nothing else, to be stressed. And I believe it worked to the defense's advantage in planting reasonable doubt. Is it too late for LE to investigate her possible prior connection(s) with JB? TIA.

LE will not investigate that because there is not the slightest reason to think it is true.
 

KateNY

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IIRC? The Feds were involved early via the Crimes Against Children division, which would cover the initial purported 'kidnapping' They have that Child Abduction Rapid Response Team that can get them involved immediately. ( why Nick Savage was involved so soon?)

Remeber Zanny had connections in NYC, Puerto Rico, TN, etc etc :waitasec:

FBI was involved in following up on out-of-state tips, etc.
( ie that big deal of the sighting at the airport..Atlanta? was it)

Besides the issue of lying to a Federal agent, wonder if they can sue for reimbursement of their investigative costs...chasing all those tips down. (do they ever do that?)

http://www.fbi.gov/about-us/investigate/vc_majorthefts/cac
 

Beyond Belief

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I am confused about 'continuing jeopardy'.

Is there still jeopardy with the 4 convictions?

If an appeal would that bring jeopardy back in play.

Does that open any doors for other charges?

I am also wondering about the abuse of the Amber Alert system. Could that be a Federal charge?
 

NotRocketSighence

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Thank you thank you to the legal minds who have given their time and energy so generously to help us all make sense out of this and answer our questions. Your time is so very much appreciated.

I would like to pose the question that appears to be on everyones minds, but
instead of asking about specific scenarios I will ask generally...

Is there ANYTHING, any legal remedies that you can see coming out of any of this that could be successful and lead to jail time for Casey? (excluding future offenses or failure to pay fines, judgements etc)

I see many civil possibilities but that should only lead to a monetary penalty if they get that far. You can't get blood out of a stone. If she doesn't make money, she can't pay money.

Again thank you for your time answering our questions.
 

GreenTurtleGirl

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AZ or RH

Many of us WSers believe the photo of Caylee "opening" that sliding glass door at the Anthony home was photoshopped. If the prosecution can prove that photo was photoshopped in any way what could happen? Defense can't just alter evidence, can they? Could this cause a mistrial?
Thanks to both of you
 

uklaw

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I am not aware that the FBI was ever ACTUALLY investigating anyone for the commission of a federal crime in this case. But now that I think about it, it is always possible that the FBI will come along and say, oh yes, we were investigating Casey's claim to local LE that ZFG stole her baby, took her in a car and may have crossed state lines with her. Because what Casey alleged would describe a potential federal crime by ZFG, the FBI could say that she should reasonably have expected her statements to local LE to be passed on to the FBI, and when she later learned that the FBI was, in fact, involved she made no effort to correct those statements.

There's a 5-year statute of limitations if the feds are interested in prosecuting on that theory, and a potential 5-year sentence. On the downside, Casey could use this possibility as an excuse to continue to plead the 5th in the ZG defamation case even after the state court case is fully resolved.
You know you just opened yourself up to a can of worms there :p
 

natsound

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AZ or RH

Many of us WSers believe the photo of Caylee "opening" that sliding glass door at the Anthony home was photoshopped. If the prosecution can prove that photo was photoshopped in any way what could happen? Defense can't just alter evidence, can they? Could this cause a mistrial?
Thanks to both of you

I also thought it strange that the defense just happens to have a picture of Caylee opening, or appearing to open, the sliding glass door. I thought it strange that she would be photographed climbing up the pool ladder too.
 

1Chump

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Possibly Morgan didn't think of the possibility that she would appeal. I know I didn't. No one appeals misdemeanor convictions on which the defendant basically got out for time served.

Didn't Judge Perry's order that the costs for the lies be calculated from the date she lied until the body was found insure that those charges would be appealed?
 

denjet

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I realize there's been a lot of talk about Juror misconduct and understand the double jeopardy law ... but my question is, suppose the state investigates and finds out one or more jurors were bribed by the defense ...
I mean solid evidence of this, ie. juror comes forward and testifies ... etc.

What would happen then ... obviously Jose and Mason would be in a lot of trouble but it would have to be proved

If it was proven, what if anything would happen to the verdict the jury rendered ? would double jeopardy still apply?
TIA
 

uklaw

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Hate to have you ask this question in another form or another but it came up in the comments of RH's blog and there is now an attorney (albeit an "Estate Planning" attorney from what I can work out) opining, in somewhat strong terms, that KC can be prosecuted on Federal Level.


Just, FYI, I don't agree but just wanted to check that I have not accidentally taken some acid :p ! He quotes various murder statutes, however, I assume he is skipping out some limiting provision to the statutes since I didn't know it was in the U.S. Congress' enumerated powers to legislate for all murders that occur in the U.S (most murders I have heard of being prosecuted in Federal Court had a very obvious federal connection, federal judge, federal employee, federal building, such like).


The post in question:
Autumn
July 10, 2011 at 7:54 am
Our beloved Richard, could you please offer your opinion of the following post which posted in response to a petition floating around seeking relief on a Federal level from the acquittal, on all charges, of Casey Anthony?

I, one of many, value your professional opinion in all matters concerning Casey Anthony, and hearing from you, on this matter, would be greatly appreciated!

Comment from: http://www./forum1/message1555575/pg1

“Sorry, Mr. Commentator, but your interpretation of the Fifth Amendment with respect to limitations on criminal prosecutions is incorrect. Contrary to your assertion, the Fifth Amendment only applies to STATE prosecutions. The Federal Government is not prohibited from going forth with a subsequent prosecution on an individual for the same offense following an acquittal in state court under the principle of Dual Sovereignty. See, Bartkus v Illinois, 359 U.S. 121; Heath v Alabama, 474 U.S. 82 (1985); United States v. Aboumousallem, 726 F. 2d 27 (1979). The lone qualification for that determination is whether a subsequent federal prosecution meets compelling “federal interests”. In this case, where the United States has recently enacted a number of intensified laws dealing with children’s rights and enforcement thereof, the Government would easily have a substantial “federal interest” in ensuring that the murderer child, Caylee Anthony, obtains the justice for which she is constitutionally entitled. In addition, because of evidence that some of the members of the Casey Anthony jury violated their responsibilities as reasonable, competent jurors inasmuch as ignoring several admonishments by Judge Perry and admittedly making a hasty decision with respect to the verdict because of vacations and other personal matters, such impropriety would easily rise to the level of a “federal interest”, paving the way to prosecute Ms Anthony under federal statutes.

As far as those federal statutes go under which Ms Anthony could be prosecuted, there are several. Ms Anthony could be prosecuted under the General Murder statute (Title 18 USC, Section 1111(c)(3) (Murder of a child), or 18 USC, Section 115(b)(3) (Murder of a family member), or under Title 18 USC, Section(s) 241, 242, 245 or 247 dealing with criminal violations of an individual’s civil rights. Furthermore, Ms Anthony could, and should, be indicted on federal Obstruction Of Justice whereas she concealed a dead body and lied to law enforcement authorities, including the FBI. There are other federal statutes implicated as well should the United States Attorney want to be creative.

So, in conclusion, Mr. Commentator, your assessment of the limitations of the Fifth Amendment are quite flawed, and it IS in the interest of all readers here who genuinely want to see Caylee obtain justice by and through Federal prosecution of this wicked psychopath. What this means is that the Petition for which is referred to her should be signed and endorsed by as many people possible, because I can tell you, as a Federal attorney, it is making quite an impact with USA Robert O’Neill, and even more importantly, Attorney general, Eric Holder, who would make the ultimate decision whether to authorize federal prosecution of Casey Anthony pursuant to the longstanding “Petite Policy”.

Regards,
Dennis Caulfield, Esq.
Attorney at Law

Richard Hornsby
July 10, 2011 at 8:52 am
What makes you think a federal jury would come to a different conclusion?

Autumn's response skipped, immaterial to, current Q.

uklaw
July 10, 2011 at 11:40 am
Richard,

Given that no two juries are the same and you can never be certain what verdict they will return, it is feasible that a federal jury could return a guilty verdict. Certainly, a crime not requiring pre-meditation or malice aforethought is a possibility.

But the question is this: Is what Mr. Caulfield says correct? If his interpretation was correct then almost any person acquitted of murder in State Court would be at risk of a new prosecution in Federal Court.

I never knew that a jury coming to a “hasty judgement” or even “ignoring admonishments” from the judge was sufficient to bring the crime the jury were deliberating over into federal jurisdiction.

I would be grateful for your opinion since Mr. Caulfield is an estate planning attorney (http://www.caufieldlaw.com/) and his opinions seem, with respect, far fetched.

TIA
 
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