State files motion to proceed with check fraudUPDATE CASE TO BE SCHEDULED

Discussion in 'Caylee Anthony 2 years old' started by countzero, Jun 22, 2009.

  1. countzero

    countzero self timeout

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    Not an attorney, but I think this a great idea. It might force KC on the stand to explain why she stole AH checks and wrote against the funds at Targee and other places as well as going directly into the bank branch to cash a check.

    Any legal opinions ..... are more than welcome.

    http://www.clickorlando.com/news/19823153/detail.html
     
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  3. beach

    beach Administrator Staff Member Administrator Moderator

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    What's that noise?! ....oh, i do believe it is Baez throwing another fit....
     
  4. jai-yen

    jai-yen New Member

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    I'm not sure I see the point. Check fraud for such a minimal amount would be a misdemeanor at most and it's not like she would get time. She has no previous criminal record. If that was the only charge, she'd probably get a fine and probation.

    Anyone out there have access to the Florida penal code?



    ~Jai Yen
     
  5. whiteangora

    whiteangora I'm on the right track baby. I was "Born This Way"

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    The State must have a strategy hidden in this latest Motion, I just don't know what they hope to accomplish by having the Check Fraud Trial first. If she's convicted, I don't think they can use that info in the murder trial, can they?
     
  6. beach

    beach Administrator Staff Member Administrator Moderator

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    No, but if convicted, that could come in at her murder trial. That might be important as to what other evidence could be allowed to be presented.
     
  7. beach

    beach Administrator Staff Member Administrator Moderator

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    I'm pretty sure it can....not positive though.
     
  8. Valhall

    Valhall Keeper of the Mystic Fish

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    It's a third degree felony to forge a check.

    http://www.flsenate.gov/Statutes/in...31/SEC01.HTM&Title=->2004->Ch0831->Section 01
     
  9. countzero

    countzero self timeout

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    That is exactly what I was thinking. Sorta/kinda of a way to "lock" in testimony for the murder trial.

    Now, if the state does prevail, gets a court date in 60 days and KC is convicted, does she go into general population or still be in solitary confinement.??
     
  10. akashana

    akashana New Member

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    I think the amount of the theft would qualify as a felony. It was several hundred dollars, and forgery is a felony in every state that I'm aware of. Misdemeanor theft is usually under $100.
     
  11. beach

    beach Administrator Staff Member Administrator Moderator

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    I don't think she will go into general population until after (and IF) she is convicted at the murder trial. She is too high-profile right now and the State has an obligation to insure her safety.
     
  12. Themis

    Themis Registered User

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    Indeed they can. They can have the check charges and findings of guilty read into evidence and use it to show by legally established fact that cannot be refuted in the subsequent trial that KC did do those economic crimes. It can be used and argued in many relevant ways to the later homicide case. The more established facts that can be woven into the prosecution's case, the more comfort level the jury is going to have going into deliberations on the homicide case.
     
  13. Valhall

    Valhall Keeper of the Mystic Fish

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    And I've got money on the table that during that fit there will be uttered, at least once if not a dozen times, the words

    uhhhh
    taint
    ummmm
    jury
    uhhhh
    pool
     
  14. beach

    beach Administrator Staff Member Administrator Moderator

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    :rotfl:
     
  15. trixi491

    trixi491 New Member

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    If she was convicted and sentenced, how would that sentencing fit into her being already held in prison right now?
     
  16. whiteangora

    whiteangora I'm on the right track baby. I was "Born This Way"

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    Thanks for the explanation.:) I was thinking about a question someone asked about prior bad acts, and how they could not be brought in as evidence in the murder trial. Guess I don't have to say,
    "I'm not a lawyer".:blowkiss:
     
  17. impatientredhead

    impatientredhead New Member

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    They can use a conviction in the check case a couple of ways:

    If found guilty the previous criminal record can be presented at the penalty phase. They seem to be getting as many aggravating factors as possible together.

    It will also force some of these witnesses into sworn testimony. It sets the stage for perjury if any of these witnesses try to change their testimony in the murder case.

    It will also prevent Baez from saying the check related events in the timeline need to be withheld from the murder trial as his client is facing charges related to those events. This will be very relevant in Amy's testimony.

    In most jurisdictions you cannot enter a previous conviction as evidence in a current case as it creates bias in the jury. The state needs to prove the current case and when they do then the jury can be informed of the priors for the penalty phase. There have been many rape cases where the jury said they would have convicted if they knew about the priors but acquitted in a he said she said case for reasonable doubt.

    JB will fight this going to trial first saying his client is fighting for her life in the other case and that this redirection of resources is unfair to his client. The state is usually pretty careful to make sure a DP defendant has had every opportunity to defend their life, so it should be interesting.
     
  18. jeepgirlva

    jeepgirlva New Member

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    Hell Yeah!!! KC is going down and I Love It:woohoo:
     
  19. Searchfortruth

    Searchfortruth New Member

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    Since the check fraud happened during the same general time frame of the murder (soon after), I would think it would be very relevant to the murder case. If the defense plans on sticking with Casey's "I needed the money to search for my daughter" story, then it ties in very closely, IMO. Wouldn't it be better for Casey to plead guilty to the fraud charges ?
     
  20. Baily

    Baily New Member

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    It appears that JB will now have something to do with his time.....If only they could find something for BC to do with himself. :rolleyes:
     
  21. momtective

    momtective Lifetime WS Non-Mod

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    Would trying the forgery case help at all in establishing a time frame for exactly when Caylee was murdered? I too think there is a very specific strategy here on the part of the State.
     

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