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"Second Motion To Preclude Death Procedures for Impermissable Prosecutorial Motives"

Discussion in 'Caylee Anthony 2 years old' started by magic-cat, Apr 20, 2010.

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  1. magic-cat

    magic-cat Mother to Many

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    The title is a mouthful isn't it?
    On page 7 of this motion it is stated by the defense:

    "By seeking the death penalty the prosecution sought to financially break the defense and deprive Miss Anthony of her counsel of choice."

    "The Sixth Amendment to the United States Constitution ensures a criminal defendant the right to counsel...an element of that right is a right to choice of counsel for defendants who are able to afford counsel."

    http://www.cfnews13.com/uploadedFil...s for Impermissible Prosecutorial Motives.pdf

    Excuse me, but isn't KC Anthony indigent? Penniless? How is it, by definition, that she is then one of those "defendants who are able to afford counsel"? If she is indigent, and has approached the court for costs, doesn't this alone make it clear that she is NOT that defendant who is ABLE to afford counsel of her choice? :waitasec: She obviously was NEVER that individual, but through her DIRTY DEAL with ABC was able to secure enough funds to keep this dragged out for almost 2 years and counting. Miss Anthony was ALWAYS indigent. Did she not lie and bounce a check to Jose when she first retained him? Haven't we heard that one? I am completely confused by the stance the defense is taking here.

    Is she indigent or not? And are they actually saying it is the State of Florida's FAULT that she is indigent?
     
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  3. CarolinaMoon

    CarolinaMoon Active Member

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    If you check out the motion, not even carefully, please note the following:

    Judge Strickland's name is on it.
    Page 3 - It is not dated and only contains Andrea Lyon's signature.

    There is no stamp of the Clerk of the Court!

    These motions haven't even been filed yet!

    I'm going through the others now and I'm betting they are in the same condition.

    I'm waiting for them to be posted to another site WHEN THEY ARE FILED!

    Until then, I'm looking for a good discussion of what Ms. Lyon has to say.
     
  4. magic-cat

    magic-cat Mother to Many

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    So the allegations in the motion go on to state that the State only sought the death penalty after they discovered that Miss Anthony only had $205,0000.000 and the State knew full well that amount was grossly insufficient to afford a death penatly case.

    So is what they are saying that in cases when a defendant is unable to AFFORD a defense against the death penatly that the State should NOT seek the death penalty for that very reason? :waitasec: They have GOT to be joking! What?

    They go on to say that no evidence was found with the body to justify the imposition of the death penalty? Uh, a little dead baby with duct tape over her AIRWAYS? That would seem to me to be justifiable cause all on its own...
     
  5. magic-cat

    magic-cat Mother to Many

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    "Therefore it is clear, that the prosecution decided to seek the death penalty in order to financially break the defense and deprive Miss Anthony of her counsel of choice."

    also pg 7

    It isn't clear to me at ALL "boys". It is in fact NOT clear that such was the case. We have a poster HERE, and attorney, who has stated HERE in one his posts that a death penalty case COULD be defended for the amount that Miss Anthony secured in her dirty little deal with ABC...so there is an opposing opinion out there, likely MANY!

    And it is all a moot point anyway, because the defendant is NOW indigant, and CANNOT afford counsel of choice, and DOES have the option of appointed counsel available to her, just like everyone else who is indigent.
     
  6. Mosby

    Mosby New Member

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    BBM

    I just can't get my head around the "only 205,000." I'm sure that is significantly more money than most people accused of similar crimes and facing the death penalty could ever dream of having for their defense. A goodly number of them are probably truly "indigent". GMAB
     
  7. mydailyopinions

    mydailyopinions New Member

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    I can't wrap my mind around the defense's claim that the prosecution filed the notice to seek the death penalty just because they don't want Casey to have the right to the lawyer she chooses. What the hell about Justice for Caylee? Did it ever cross their minds that was the reason the death penalty was put back on this case?

    How much more self centered can they get? What about Caylee?:waitasec:
     
  8. magic-cat

    magic-cat Mother to Many

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    Ok. On page 9 of the motion it gets sticky, because the defense's numbers are not adding up. They state Miss Anthony received $200,000.00 from ABC for some pictures ("a number of photographs") and $5,000.00 from an unnamed source. Ok "boys" where is that $70,000.00 that you TESTIFIED IN COURT about that was ALSO received from Mr. Macusolo? (Spelling wrong I am sure.) And how about that, how much was it again, another $70,000.00??? that was raised by Ms. Lyons? Some money seems to be missing from this equation.
     
  9. zoey

    zoey Well-Known Member

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    to bad they refuse to acknowledge that all these defense made delays are the things that keep bringing up the cost....seems to me they claim to want to work "pro-bono" yet complain because there is no money.....

     
  10. magic-cat

    magic-cat Mother to Many

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    On page 12:

    "The prosecution initially declined to seek the death penalty, but months later, after finding out exactly how much money Miss Anthony had available to pay for her defense, the prosecution abruptly changed course and filed its notice of Intent to Seek the Death Penalty."

    Hmmm...they filed their notice of intent NOT to seek on DECEMBER 5th, 2009...Now, what ELSE happened, "boys", after that time? Oh yes, they found Caylee Anthonys BONES on Suburban Drive, having been deposited there in June of 2008, wrapped in a blanket that was missing from her home, and thrown away like so much garbage on the side of the road. And oh yes, she had duct tape over her face holding her mandible in place.

    I think this is just purely ridiculous! And I HOPE that the Honorable Judge Blevins makes short work of their game.
     
  11. belle3

    belle3 New Member

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    i just gotta ask if we know if there is anymore discovery coming? cuz this just seems like they are trying to deflect again from something. they just never stop do they? what evidence is there that have had these lawyers talking about the penalty phase and mitigating factors. ive never seen a bunch of lawyers, whose actions, speak guilty, louder than this bunch.
     
  12. magic-cat

    magic-cat Mother to Many

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    On page 13 the defense uses a case where an attorney was not allowed into the case of the defendant who had chosen HIM, pro hac vice. This defendant was later convicted and the conviction was overturned after it was decided her right to counsel had been denied, in essence. How is THAT the same as THIS again? None of Miss Anthonys attorneys have been denied admission into the case pro hac vice, have they? Apples and oranges "boys".
     
  13. Nore

    Nore New Member

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    What is wrong with these people? Are they for real? they are stalling for more time,hoping everyone will forget! They wont!!!!! At the rate they are going kc will be on S.S..Does she realize she is getting older while there is no chance of her "getting out soon"? I hope this new Judge will lower the boom.

    ---------
    Fogive my rant please.
     
  14. momtective

    momtective Lifetime WS Non-Mod

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    Clear as mud!
     
  15. magic-cat

    magic-cat Mother to Many

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    "What if I told you the cost of her defense will not come anywhere near $2 million (more like $100K)."

    Post number 213 from our own Richard Hornsby.
    [ame="http://www.websleuths.com/forums/showpost.php?p=4892435&postcount=213"]Websleuths Crime Sleuthing Community - View Single Post - Casey files for-Indigency; Defense reveals how much it's been paid![/ame]

    So again, how is that the amount of money that this defense has WASTED should be blamed on the state???:waitasec:
     
  16. zoey

    zoey Well-Known Member

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    I think according to them, that all of it since the state had the nerve to arrest their little client....I mean we have all heard jb say that she is innocent and defense has also stated they have proof...and then of course we won't see any of this because they want it tried in a court of law.....yepper.....all the states fault....:waitasec:
     
  17. LambChop

    LambChop Former Member

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    During the last hearing JB said, under oath, that KC hired him on June 17th 2008. Has anyone ever heard that this was corrected in the court record to reflect the actual date, or is this the actual date. If it is, JB knew at the time KC was arrested that she had no money and he was not listed as her attorney. KC claimed she was indigent. Then JB comes onto the scene and she has an attorney that UNDERSTANDS she has no money, no job, no property but she has "pictures". He fights the gag order to the advantage of the media outlets and disadvantage of his client. She becomes notorious. Then according to ABC JB brokers a deal for $200,000, most of which goes into his pocket. So in conclusion KC had no money in the beginning, she has no money now but her attorney managed to line his pockets and has done more to hurt her case unlike a public defender who would have tried to keep her from the public eye and defending her to the best of their ability.

    So if you are a millionaire accused of a crime you should be eligible for the death penalty because you can afford it? I'm confused. JMO
     
  18. magic-cat

    magic-cat Mother to Many

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    All righty then, let's continue:

    Page 18: (I might add right here, borrowing some words that a GREAT man once said, "The irony is RICH!")

    "Miss Anthonys counsel of choice in this case was Mr. Baez and she did not have the funds to pay for additional counsel. By seeking the death penalty the state sought to deprive Miss Anthony of her Sixth Amendment right to counsel...by requiring Mr. Baez to leave the case or Miss Anthony to acquire additional counsel."

    What?

    So in essence the State of Florida should take into consideration a defendants ability to PAY for additional counsel that is required by law when the death penalty is sought? I thought once Mr. Mason got on the case it was supposed to be MORE professional, not less...

    This is not even a consideration that ANY state would give any thought to whatsoever in their decision to or not to seek the death penalty. If she cannot PAY then they have funds for her from the state. It is THAT simple.
     
  19. Harmony 2

    Harmony 2 Administrator Staff Member Administrator Moderator

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    I am not able to open any of the latest motions. Is anyone else having the same difficulty?
     
  20. magic-cat

    magic-cat Mother to Many

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    How is it that an attorney, intimately familiar with this case, who has nailed every single legal aspect of this case down with a hammer each and every single time, could be SO wrong about the ACTUAL cost of defending a death penalty case? How can the attorney quoted above and this defense come to such conflicting totals? :waitasec::blushing::innocent:
     
  21. magic-cat

    magic-cat Mother to Many

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    Try the ones in the Media Links thread in the sticky on the main Caylee page. :) I had the same problem until I went there.
     
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