Legal Questions for our Verified Lawyers #4

[ecs5298]

Does Perry have to give her time served? Or can he impose 4 one year consecutive sentences starting from right now? After all, she is a 6 time convicted felon.

 

[MADJGNLAW]

Did the judge ever deny the motion filed by A. Finnell? The one filed around June 29th?

Is there anyway the state can re-open the case since Casey-Baez admitted that Caylee died in the family pool?

Is there anyway the State can re-open this case?

If true that Caylee's Paternal grandmother has been found can she file a civil suit against Casey and the Anthony's?

Judge Perry said he has reviewed the motion, and will reserve ruling for now, and would decide before the jury returns with a verdict.

Article: http://www.cfnews13.com/article/new...-penalty-argument-from-Casey-Anthonys-defense

 

[JustMeDeb]

Can Judge Perry refuse to honor time served?

Also, if Cindy now decided to prosecute Casey for the stolen checks, what is the statue of limitations on that?

 

[Aedrys]

Can HHJP do anything about this? Anything at all? I thought I read at some point that he could do something if he disagreed with the jury and impose a harsher sentence or something? Or am I just grasping at straws at this point?

 

[Tiko44]

Can she be sued in Civil Court by searchers and the State of Fla for knowingly allowing a false search to continue?
I will have to really think again if I would ever search again after what I saw Kronk accused of.

 

[Nikki 01]

Help restore my faith in the justice system.

 

[AZlawyer]

Wow I can barely keep up with you guys. I know most of you are appalled by the jury's decision, as am I, but this was never a slam-dunk case. I blame Officer Cain for not finding Caylee in August 2008 when there would have been more forensic evidence and the duct tape might have been more obviously in place.

Can she be sued in Civil Court by searchers and the State of Fla for knowingly allowing a false search to continue?
I will have to really think again if I would ever search again after what I saw Kronk accused of.

Not by the searchers. Perhaps by the State for the expenses of the search. But the expenses of the search were nothing compared to the expense of the murder prosecution. I seriously doubt the State will even bother looking into this.

Can HHJP do anything about this? Anything at all? I thought I read at some point that he could do something if he disagreed with the jury and impose a harsher sentence or something? Or am I just grasping at straws at this point?

No.

Can Judge Perry refuse to honor time served?

Also, if Cindy now decided to prosecute Casey for the stolen checks, what is the statue of limitations on that?

No. She must be given credit for time served.

Cindy can't decide to prosecute--the SA would have to do that. But the statute of limitations is 3 years anyway, so that's over.

Did the judge ever deny the motion filed by A. Finnell? The one filed around June 29th?

Is there anyway the state can re-open the case since Casey-Baez admitted that Caylee died in the family pool?

Is there anyway the State can re-open this case?

If true that Caylee's Paternal grandmother has been found can she file a civil suit against Casey and the Anthony's?

Judge Perry said he has reviewed the motion, and will reserve ruling for now, and would decide before the jury returns with a verdict.

Article: http://www.cfnews13.com/article/new...-penalty-argument-from-Casey-Anthonys-defense

It is too late for HHJP to grant the mistrial motion.

There is no way to reopen the case.

Grandparents are not permitted plaintiffs in wrongful death lawsuits in Florida.

Does Perry have to give her time served? Or can he impose 4 one year consecutive sentences starting from right now? After all, she is a 6 time convicted felon.

Yes. He has to give her credit for time served. He could technically impose 4 one-year consecutive sentences starting from when she finished her "time served" on the check charges, which would mean she would have another 2.5 years to go (eligible for parole after 85%).

One of the alternate jurors has given a phone interview. In it, he says at one point, "That was a big factor in our decision."

But he was an alternate. Not part of the deliberations. I realize he could just be speaking as though he were part of the deliberations. I also realize I'm probably in the bargaining stage of grief right now. But if the whole jury group discussed the case amongst themselves, would there be any consequences?

How could he even say that when not one of them was allowed to speak to the others during the trial and he didn't get to participate in the deliberations? Just wondering....'cause as you said, they shouldn't have been discussing the case amongst themselves until deliberations.

The alternate juror should not know what happened during the deliberations--you are correct. Because there was an acquittal, double jeopardy would prevent anything being done to change the verdict even if it later appears that the jurors violated the rules.

I have asked this everywhere....

Can someone please give me a guess estimate on what ICA will get on the Charges she was found guilty of?...

Most likely time served.

Two of the most tragic words ever spoken.

There's laws in Australia that allow the police to prosecute those caught making false claims and retrieve the money spent on resources investigating those false claims. It was done once here in a very famous case of a reported false kidnapping (Fairle Arrow - alleged kidnapping) I so wish this was the case in Florida.

AZ - do you think the civil case will move full steam ahead now and will it be successful?

I can live with her getting away with murder, just, I don't know how people will cope if she profits from it.

Do you mean the ZFG case? I always thought that case was borderline frivolous. I suspect if Casey gets some income soon (and I bet she will :sick she will offer a quick settlement to get rid of that case.

What would happen if evidence was uncovered of jury misconduct/tampering during the deliberations ? Can the verdict be overturned ?

No.

What about time for the check charges she was convicted for?? will she get time for that??

She has already served her time for the check charges, plus an extra 1.5 years.

 

[AZlawyer]

Help restore my faith in the justice system.

Wow. I wish I could.

I had the same sinking feeling hearing the verdict being read as when I've lost my own jury trials. Sometimes the truth just does not come out at trial. In this case I think the ultimate problem was that the truth was not sufficiently shown by the available evidence. There was plenty of evidence that Caylee was dead and that Casey was aware of that fact. IMO there was enough evidence that Casey was HAPPY about Caylee being dead that most juries would have convicted her of 1st degree murder.

The jury must have thought that Casey's apparent happiness could be explained in some other way. Perhaps they thought that such an accomplished liar simply managed to continue to lie through her behavior even though she was privately distraught. Perhaps they thought "bella vita" was a tribute.

Or perhaps there was a juror in that room who said, "Where in these jury instructions does it say the person has to be sad about the death to avoid criminal charges? Maybe she was happy Caylee died but it was nevertheless a pure accident."

 

[luvmy4brats]

Now that it's over, do you think they'll release the jailhouse video of ICA reacting to the remains being found?

 

[AZlawyer]

Now that it's over, do you think they'll release the jailhouse video of ICA reacting to the remains being found?

Only if someone in the media files a motion to vacate JS's order that it not be released.

 

[thumbtack]

AZ lawyer states:

"The alternate juror should not know what happened during the deliberations--you are correct. Because there was an acquittal, double jeopardy would prevent anything being done to change the verdict even if it later appears that the jurors violated the rules."

This is so disappointing and seems sooo wrong!

 

[concentric]

Can this case be tried again Federally?

 

[Nova24]

Do you think JP will give her time served or add the 4 years onto the check charges? If check charges was 412 days and this is 4 years wouldn't she technically have to serve more time? I'd love to see her in jail longer.

Sad day for justice.

 

[AZlawyer]

Can this case be tried again Federally?

No.

Do you think JP will give her time served or add the 4 years onto the check charges? If check charges was 412 days and this is 4 years wouldn't she technically have to serve more time? I'd love to see her in jail longer.

Sad day for justice.

I think he will give her time served--the 1.5 years AFTER she finished serving her time on the check charges.

He could give her up to 2.5 more years (from now), but what would be the point?

 

[Mamabear1963]

Can one be put in jail for not paying taxes to the irs? How long will KC have to pay the fine? (remembering the taxes she didn't pay)

 

[Nova24]

He could give her up to 2.5 more years (from now), but what would be the point?

I'd feel better? lol Even though it's such a small amount of time versus what she should be facing I really would feel better about it. I do wonder if there are tons of death threats if that could play in. Yes, I am desperate to keep her locked up. lol

Thanks again for answering so many questions. :seeya:

 

[GolferChick]

AZ - thanks so much for taking so much time to answer our questions through this journey. I'm still reeling from today's verdict; I couldn't stomach it if KC tried to bring an unlawful prosecution suit against the State of Florida or the Orange County Sheriff's Office...
What are your thoughts?

 

[Sustained]

Can George Anthony file a civil lawsuit against Casey for the wrongful death of his granddaughter ?

 

[WillenFan21]

AZLaywer,

If it is found that the jury discussed this case while out of the courtroom before deliberation can anything be done about that and they have to re-do the case? Some people are thinking that happened based on the comments made by Alt Juror 14.

 

[Nova24]

Do you know anything about the lawyers handling the civil case for Zanny? I hope it's a great firm and she gets every cent ICA makes. That would make me feel a tad better.