Motion for protective order to destroy videos of family visits

Discussion in 'Caylee Anthony 2 years old' started by magic-cat, Sep 19, 2009.

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  1. magic-cat

    magic-cat Mother to Many

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    Concerning this motion:
    http://www.wftv.com/pdf/20972696/detail.html
    which is for a Protective Order to force the Orange County jail from releasing videos of Casey's visitations with her family.

    Not being an attorney I have quite a few questions.
    For instance, why ARE those videos being released, along with the audio recordings of her phone calls with folks. What is the standard here that makes those items available for public release?

    Now mind you, I have watched and read each one and I am sure we have discussed this before, however in light of this motion I am wondering if the jail is "covered" for this practice of releasing this info, or if since they are a part of the state government, if that makes them the property of the state or what? Just hoping to come to understand the legality of why they CAN and SHOULD be released and if there is a chance that the judge will order no videoing of the Anthonys visiting Casey???
     
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  3. Spangle

    Spangle New Member

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    They are public record. As such, they fall under the Sunshine Laws. If requested, a citizen can get a copy of it.

    It's rare that anyone wants copies of inmate visits. Little miss Sunshine and her Family have been so entertaining in the media, that folks want to see every inch of footage out there.
     
  4. Spangle

    Spangle New Member

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    I'm no lawyer. But from what I understand, the 'right to privacy' isn't an expectation when a person is an inmate. If they thought they had it, they loose it out during their first cavity search.

    The cameras are for everyone's protection. The Jail states they are not going to stop filming. And Visitation is done via camea phones. The visiter is actually across the street from the Jail. So there is no way to visit, except by being filmed.

    This process was put in place to combat drugs and other no-nos from being passed from visitors to inmates. It also makes it easier for "Big Brother" to monitor all conversations and record them. Which of course, they do. EVERYONE knows this when they visit. Including the Anthonys's.

    I believe these such recording have all ready been used in other cases that have been tried.

    The only difference is that all the Drama that the A's have made of these case, had drawn so much interest, that even their jail house visits want to be heard by the media and public at large. If they had boring meetings, folks would eventually leave them alone.
     
  5. affinity

    affinity New Member

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    Honestly, I am no fan of Casey Anthony...but Florida's law is so weird in this regard! Here in Oregon we have murderers in jails and no one will be privy to their visits from family. How on earth is KC supposed to have a fair trial when every conversation she has had with family is released prior to her day(s) in court? I guess they just hope that some jurors aren't interested enough to look at these things..they'll be jurors who don't watch the news? I think it is a very strange situation ---that we are "allowed" access to all these conversations. They've been very entertaining...but it is so odd. I know that it is unlikely that suddenly KC would start having real conversations with people (sans code) but I have to think it would be helpful to all involved if she could. Maybe she would confess and the taxpayers of Florida would save a couple Mil!
     
  6. Valhall

    Valhall Keeper of the Mystic Fish

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    The difference is...

    that the murderer in prison has been convicted and their conversations are most likely not audio recorded (although they may be video monitored), while KC is not convicted, there is a criminal investigation underway, and everything she says on a phone or in a visitation (other than her attorneys' visits) is open to audio taping for the purpose of gleaning evidence.

    The language of the Florida Sunshine Law is such that any record USED FOR THE PURPOSE OF CONDUCTING GOVERNMENT ACTIVITIES is subject to the Sunshine Law and available to the public upon request. Because anything that KC says on the phone or in a family visit can (and will!!!) be used against her in a court of law toward the prosecution's attempt at conviction, it qualifies as "used for the purpose of conducting government activities" and therefore is subject to the Sunshine Law.

    In other words, the Sunshine Law is not there so we can hear what prisoners say - but there to make government business transparent to the taxpayer so they can see that their government activities are being conducted properly.
     
  7. lisalei321

    lisalei321 Founding Member of AFKBPOFPOPL

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    I'm sure some of you know, my Oldest DD spent 3 years in prison (she was guilty, it was drugs and she got caught), but even in prison, all visitation is audio and video recorded, you actually have to sign that you understand that you are being recorded and monitered (how is that spelled?) at all times and could be subject to the recordings being released under the Sunshine law (plus the fun of being searched before you enter the visitation area at the prison).

    So even once she's in prison, the media could still request copies of her visitations.
     
  8. cecybeans

    cecybeans New Member

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    While Sunshine Laws mandate that discovery is made public, it is still okay to have items "under investigation" withheld from the media for a time.

    If JB wants to use this as an "investigative tool", he could do that, couldn't he, and simply hand it over as discovery later to the prosecution who could then turn it over to the media when they, too, were through investigating its value.

    I'm not for private visits or special treatment, but I think this whole ploy is JB's attempt at damage control. I think AL wants the family to have a talk with their daughter about how nonsensical certain "strategy" in this case has been up to now. She probably has no real influence over her client at this point - JB and KC have mixed spit in their Twizzlers and KC is not intelligent enough - or is too isolated - to see how damaging his entire year of "defending" her has been. I think the Anthony family tried earlier, with BC, around the memorial.

    Once again, there's nothing this family can "corroborate" or cook up any more. They've had plenty of time for that in the almost two months KC was out on bail. Not to mention they collectively have the credibility of hallucinations.

    Why couldn't they simply have a private visit first and have Judge Strickland decide if the motion should hold after he hears the conversation?
     
  9. Valhall

    Valhall Keeper of the Mystic Fish

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    *snipped to the art*

    LMAO! I want that in my siggy.
     
  10. ThinkTank

    ThinkTank New Member

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    The part I don't quite get is that the defense has not requested (in the Motion) that the jail visit audios be "sealed". They only request that all past videos be destroyed (ridiculous because they are already out in the media in a multitude of copies), and they request that any future visits not be recorded at all (not recorded -- then sealed from public publication).
    It seems to me that the Motion is asking for special treatment of their client, and it will not be granted.
    I do not understand why the Defense has not specifically asked that the videos be sealed?
    It is my opinion that the Defense does not want to lose complete control of what their client says to her family and vice versa, and be put in the position of having to do damage control, after the fact, and on a public stage.
     
  11. affinity

    affinity New Member

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    No, I should have clarified. There is an "alleged" murderer awaiting trial in Oregon who I was referring to. But, I appreciate your explanation. Florida is unique! I think our guy in Oregon awaiting trial has a much better deal than KC does (because his jailhouse/family/conversations are not in the media). It seems more fair to me. But, "Sunshine" is the law in Florida--(Lyons must be beside herself trying to make Florida conform to the rest of the US!)
     
  12. whisperOFwings

    whisperOFwings New Member

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    Snipped for space and bolded by me.
    Then I get dibs on the Twizzlers one!:dance:
     
  13. magic-cat

    magic-cat Mother to Many

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    Here is the thing about fairness in all of this. If one is innocent, then there is nothing to hide. If one has not committed the crime, then ones discussions, no matter with whom, will not be incriminating. If one is not hiding something, then there is no need for secrets.

    I do believe it is fair to all concerned, and reasonable, that if someone is incarcerated then they are subject to recording. These recordings would also go MILES to show one was innocent if, in fact, one were innocent. Therein lies the problem in this particular case. One is NOT innocent and one cannot get any time to work out the kinks in her lies with her mouthpieces, her family, without it being known. The thing that makes these recordings so unfair is that she committed the crime and now, after the fact, cannot get her ducks in a row between her family and her defense.

    I am happy to know that these recordings ARE a matter of public record and that the state has a right to release them as part of their investigation. If anyone has any doubts about who Casey Anthony REALLY is and what she is REALLY all about, just go back and listen to the call between herself, her mother, her brother and her friend Christina. She cared not one tiny bit for the baby that was missing. Her ONLY concern was to talk to the boyfriend that made this whole thing worthwhile to her. She was going to live the beautiful life with him...but something got in the way...she got caught and now she is being recorded and I personally believe it's good enough for her.:furious:
     
  14. RR0004

    RR0004 New Member

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    I'm a little confused, Cecy. Are you saying that AL is breaking ranks from JB...because why would JB want such a convo to take place? Besides, JB and BC have seemed kind of chummy...do you think this is just an act?
     
  15. Spangle

    Spangle New Member

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    Do you know if the media has requested the guys taped visits?

    Not every inmates visits are on the nightly news down here. The family became a never ending show. The problem is, they only want it, when they want it. And they want it to stop, when they want it to stop. It doesn't work that way. NO ONE in the public eye gets to make those sort of shots. We all remember P. Diana and how she died... Her sons don't get privacy either.
     
  16. Spangle

    Spangle New Member

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    EVERYONE has secrets. But several people in a room, and you have lots of private secrets. It doesn't meant that their secrets have anything to do with what a person is charged with. OTher folks might thing the secret is no big deal. But that person,it's different.

    But because there is a camera rolling, they can not talk about them. Cause they are standing in public. Seems private, but it is very public. They can not talk about some health issues that should stay private. Some folks don't want others to know they have anything wrong. Can't talk about the uncle that is going senial, cause it would hurt his feelings to hear about them talking about it on the nightly news.

    A person can have secrets and still be very much innocent of the crime they are being accused of.
     
  17. believe09

    believe09 Active Member

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    OOO there must be something good coming.
     
  18. believe09

    believe09 Active Member

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    Interesting point. I think that Casey in her August visitation videos made it very clear that she was well aware of the Sunshine Laws and the fact that the videos would be released; she stated clearly that "the press is going to have a field day" in the video of her mother pushing her for information. Given the number of legal advisers available to all of them as well as their clear conciousness of the cameras, I think that they may face an uphill battle on having any of the videos destroyed given that it is the status quo for all other inmates and employees in the jail.

    I think that they should go to the mat to try and prevent the videos of Casey when she learned of the discovery on Suburban Drive because they are clearly indicative of guilt-JMO based on the amount of fire power being devoted to destroying any and all tape of their client. It is inspired to use the rights of non inmates (visitors) as a springboard if that is what they are doing.
     
  19. Spangle

    Spangle New Member

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    Cindy showing that she doesn't believe the rules applys to her. Cindy really did make the whole thing look bad for KC. Considering that the whole thing was being filmed, It is understandable that the family might stear away from topics that could get KC in trouble. IT would have allowed 'family time.' Just getting a chance to she and hear loved ones.

    But Cindy could not keep from crossing the line. The rest of the family as well. They just did not 'get it' at first.

    Of course, at first folks was trying to get them to get info from KC to use to find Caylee.

    AT this point, i don't think they would talk about the case at all. Caylee has been found. There is no new info they can 'get' from KC. They have no reason not to visit, visit and visit. Making tons of worthless video for folks to watch.
     
  20. HRCODEPINK

    HRCODEPINK Verified Insider

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    I may be wrong here, as I have really only worked cases in Virginia but I believe, actually Oregon must be unique! I have not gone and looked up Orgeon's laws on this and would have to at a later time, but I have tried to explain this with some other cases that we have been looking into but there hasn't been one to explain it yet. Huckabee has everything sealed and gagged up and there is no defendant yet with Haleigh.

    The reason that you can always hear a 911 call in pretty much any case is because 911 calls are public record. My understanding is that Florida is unique in that they specifically write their Sunshine Laws to include the media? Please correct if I am wrong, I live in VA. However, if you think all this paperwork that we have been getting in Discovery (Doc Dumps) is fascinating just in this case, you couldn't be more wrong. These types of things are released to the public in ALL cases, at least here in VA and in FL. I can't really think of any state where discovery isn't public record, as are trial transcripts. Once Misty C has been arrested, (sorry had to, moo ;) ) and lawyered up (court appointed most likely), and discovery has been handed over to the defense and filed with the State, someone could go down and get that Discovery like dear Muzikman does for us. :)blowkiss: @ Muzikman) Someone could go down to the court house and get all of the info on the Huckabee case once that is all over with and she has had her trial and the seals are all lifted (might not every happen on autopsy, however the info on the injuries and such will most likely be in the trial transcripts :()

    This could be done in pretty much every state that I know of. Anything that is public record is available for any tax paying citizen of that state or commonwealth. Once the trial is over you can go down and get the trial transcripts if you want. Often times these things are not done, not only by media but every day citizens alike because of the expense. Some states are allowed to charge as much as a dollar a page, even if given on disc!

    Also, there is not a state that I know of that does not record, both video and especially audio every visit and ever phone call. Those calls are used A LOT in court. Anything that can be used in court is public record. You would have to go down and requests the videos of the prisoner (Like I said, Maybe not in Oregon, maybe they are different there) and pay the "reasonable fee" under the law for obtaining the item and then you walk away with it. Post it on the net if you want, give it to the media, whatever. Bring it to your friends here at WS! Hint, hint, ;);) Think how great it would be if we could get all of this kind of info on every case! Perhaps this case will cause other news outlets to pay more in depth attention to other cases like they have this one. Now that the public knows what discovery is and how much good stuff is in there they can help make the WS members job/hobby easier! NOTE: I am not asking anyone to do this, and would never expect anyone to do so if they could not afford it. Just mentioning how nice it would be if we had the info or other news stations did this in other cases so that the public didn't have to put out the big bucks it sometimes costs to get all the papers.

    I also believe that this is helping to educate the public on how the criminal justice system works. Always a good thing. A million times over I have wished that the people in VA understood that we have a court rule here that states that any evidence of innocence that comes up more than 21 days after sentencing is FOREVER barred from judicial review all the way to the Supreme court. And by judicial review I mean it can NEVER be brought up in court. There was a guy here convicted of murdering his brother, who was actually still alive but had left the state in a huff. When he returned home we took him into court and said that the client could not be guilty because the person he "murdered" was still alive. It took more than 2 more years to get him out. Sorry Charlie! Been more than 21 days, so we are not allowed to look at that evidence, and you can't appeal my decision on that because the appeals courts are not allowed to look at anything the original court didn't look at and so on up the line. I think it is wonderful how many people, here and everywhere are learning how the legal system works to follow this case. Caylee has done amazing things in her tragic death. I can only imagine what she would have accomplished had she been allow to live and grow. :(

    I will probably look up Oregon later. I am curious. And if any of you do request something and they deny you, you can always submit a FOIA request (might have to anyway, here we can just go into the court and ask for it), but in most cases you must be a tax paying resident and by resident, you have to legally reside there and carry a state ID or they can easily and quickly deny you and they do notice where they are sending things. If the FOIA request is denied they must give you good cause and state the law and legal reason for your denial as well as give you appeal procedures so that you can appeal if you choose to do so. Any if anyone is looking for information on FOIA requests, I do not know the procedure for all states, but am working on it for a little project of my own so I would be happy to help anyone looking to do so with how it is done.
     
  21. cecybeans

    cecybeans New Member

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    Sorry, I could have made that clearer. I think JB has NEVER wanted the Anthonys to visit - it is not in his best interest to allow them to talk to her any more. I'm sure KC herself enjoyed refusing to discuss anything with GA and CA while out on bail (The Case! The Case! My attorney says I can't talk about The Case!). IMO, his only aim is to keep this a media circus he can cash in on as long as possible. I mean, he's bff's with Geraldo now and is on all kinds of shows.

    However, I think AL is trying to circumvent this by telling JB that a family visit might look better for his client in the media at sentencing (KC is either refusing to see them or he is refusing to let them - either way it doesn't look too smart.) What AL might want to do with this is, not only make her look a bit more human, but also give her client a chance to be influenced by her family since many, many things have changed since last October 14, and AL might be looking at this the way Lenamon did last year. We didn't hear a peep from him about innocence and junk science and SODDI theories. I think DP attorneys might be a tad more pragmatic.

    I think AL realizes the hold that JB has over KC and that she needs to try other avenues to get at KC and get control of this case.

    I'm sure that BC is wise enough to stay as close as possible to JB; I'd sure want him in my scope (particularly if I wanted to get a measure of how likely an "under the bus for the Anthony family" tactic might be when working on "mitigating" factors.
     
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