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Sunday, March 20, 2011 at 2:45PM Simon & Jan Barrett will return to the Internet airwaves today as they continue their ever popular blogtalkradio show. Today’s subject?
Casey Anthony - Killer Mother?
Please tune in at 4:00 PM EST.
Join Simon, Jan and their panel of guests on air to look at this case and several others. Some are well known, some are not.
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To read Simon’s blog post, CLICK HERE
LEGAL NOTICE
©David B. Knechel. All Rights Reserved. No portion of this site can be reproduced in it's entirety or in part without expressed written permission by the owner/administrator of this site in accordance with the Digital Millennium Copyright Act. Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3). The charges against defendants are mere accusations and the subjects are presumed innocent until found guilty in a court of law.
Reader Comments (41)
Thank you Dave for letting us know. Will be there to listen and have a great afternoon and evening!
Well, Janet, good evening to you. Thank you for listening. Enjoy the night!
Thanks for letting us know. I will be there listening.
And yes you were! Thank you, Mary Jo.
Count me in too...
I counted you, Estee, and I liked your number! Thank you.
Hi Dave! I am listening now! Good to hear your voice on the radio. Thank you for all of your latest posts and for attending the hearings too! It was good to see you there! I hope you are in good health and that your parents are well too.
What a great day Friday was for Caylee Marie!!! I was ecstatic to hear the news!
Take care and God Bless you and everyone here!
Thank you for listening, Suzanna! I had a good time, too, but I must admit I was a bit nervous. I do plan on attending the hearings this week. So far, my health is hanging in there. My folks are, too, thank you. I trust all is well with you!
Yes, Friday was a great day. Let's hope this week will be the same.
God Bless you, too, Suzanna.
I called in but they must not have been taking phone calls today. I wanted to ask Denny if he thought the defense might try to bring up George's past gambling to suggest maybe someone from that part of his past took Caylee.
Hi, Peggy from PA! I don't know why he's not taking calls, but it could be because he's running 1.5 hours right now instead of 2. That's a very good question, by the way. I'll ask him this week. If I get a response, I'll let you know. Thank you.
Great show Dave, you made a lot of good points as usual. Thank you!
And thank you, too, Janet. It was because someone pointed me in the right direction for a change.
Thank you for responding, Dave, and for clearing my comment to come in! I still need to sign up to be allowed in. Do I just e-mail you again?
You were GREAT on the radio show once you got on another line and we could hear you! I wanted to register for the chat, but with MS, I find it hard to keep up with a fast moving chat sometimes, so I didn't. It was fun to read everyone's comments though!
I hope that if you go to the Frye hearing this next week that those long days won't be too hard on you!
I am sorry that some people still don't get it that you aren't friends with Geo and Cindy. I think they are just trying to annoy you and I was glad that you didn't let it get to you!
Have a good week and I (as always) look forwards to your posts about all that is happening with this case!
I will set you up with an account, Suzanna. I'll send you an e-mail with all the information.
Thanks for thinking I did a good job. It wasn't as easy today. Probably because Peter and Cobra weren't there to pick up the slack, but overall, everyone seemed to be OK with my performance. It was good teamwork.
I'll go to the Frye hearings, but if I get worn out, I'll leave early. Just as long as I have lots of water to drink, it'll help. You're right, the people who claim all that trash about me are just there to start trouble. they are worthless and most people saw right through them today.
Thanks for reading my posts. I try to keep up with everything. Anyway look for an e-mail later tonight or tomorrow morning. I have a busy week ahead!
Listening now to the earlier broadcast. Dave sounds great! Thanks for the link this is my first time at blogtalkradio.
Hello debwagstongue! It's a great pleasure to see you. Thank you for listening and enjoying the show. I'm tickled that you think I sound great. Thank you! I'm also glad you now know how to find blogtalkradio.
Dave, you had a very productive day in more ways than one! You did great on the blog radio. When Simon posed the questions, your answers came spontaneously so that shows you know your stuff. I will be upfront and honest, I missed Cobra today and so did a few of the commenters, but I did not miss Peter. Denny Griffin is a good thinker and asked some great questions. I used to comment at Denny's blog when he was at Wordpress. He is a true gentleman in every sense of the word.
I wish that chat didn't go so fast. By the time I typed a response or tried to do some prompting, it became stale news by the time I clicked submit. Oh well. Of course, towards the end, we had a few yokels appear but that is to be expected. It could have been worse. At least the riff raff are camping out in canvas tents now since their brick homes were demolished. Ahem!
All in all, very good, enlightning and entertaining hour and a half....thanks, Dave.
Snoopy, that's what people are telling me. Thank you, it is very much appreciated and that's the honest truth. I'm telling you, it pays to go to those hearings. By watching and asking good questions, I learn some very good answers. To be honest, I was actually nervous today, because Cobra and Peter weren't there. They fill out the show and we all complement each other, but Simon is an excellent host. Today, he focused on questions I had answers for. That shows his talent.
I wish there was a way to slow down the chat, too. I tried to follow as much as I could, but it was tough.
I love your analogy. Yeah, they sure did move up in the world.
I'm glad you enjoyed my audition! Thank you again, my friend. Oh yes, Denny is one of a kind. Yup.
Excellent! Yes, you were today on Simon's, in every way. It is an honor to have contact with you. To read your blogs and know you are giving us all a straight up coverage as can be done by anyone about this case murder of Caylee Marie Anthony.
Oh, thank you, New Puppy. Believe me, it is more of an honor to have contact you, and that's the truth! I do try to offer information about this case in a straightforward manner, but I do have my own opinions. I agree with Judge Perry's decisions, for example. Casey opened her own mouth. No one forced her to talk.
Dave,a very good performance on the radio today. It was practicly your show. The 64 thousand dollar question still exists, How did she ever hope to get away with it? I wonder if she will ever let us in her head enough to explain her thoughts. ..............I was listening and reading, Snoops You had me laughing threatening to slap Dave ,,,It was an all around good show.
Thank you, Margaret. I don't think anyone will ever know how she thought she could get away with it.
Margaret~~ I am getting a chuckle out of Dave's response to you. Does he mean Casey getting away with murder or me threatening to smack him? It is a good thing that I live about 2000 miles away from Orlando, otherwise, Dave would have to take a peace bond out on me.
I was trying to get Dave's attention by typing Ann Finnell's name when they were discussing the death penalty phase. Ann has her work cut out for her presenting enough mitigating circumstances to keep Casey off death row. That is when Finnell will bring in a lot of mental issues Casey endured growing up with a domineering mother, gambling, often unemployed father, and a brother who allegedy sexually molested her.
As I was unable to listen live, yesterday, I had to listen to the program late last night and just want to add my "high fives" to the above comments, Dave! Thanks to all of you: Simon, Jan, Peter, Cobra, Denny and last but NOT in any way least YOU, for taking the time. It's greatly appreciated, and we look forward to many more programs over the months to come.
My best to your parents. I wish you all a good day!
Thank you, Feathers. I think, all-in-all it was a very good show. Simon really thinks so, too, and he da boss man.
Thank you for wishing my parents well. They are fine right now and I will tell them what you wrote. You have a nice day, as well.
I phoned in about 2 minutes after it started so I missed hearing the names of the speakers. I heard Simon call you 'Dave' repeatedly and I was wondering, 'Is that Marinade Dave?'. You did an excellent job and I could detect no nervousness on your part. I was cleaning house and had my phone on speaker phone so I could clean and listen. Next time I will have to figure out how to post comments. I do have 2 questions though.
1. Why does Lee have immunity and why would he need it?
2. In regards to the As being agents for LE...Their answers during the hearing obviously proved they weren't but would Baez have coached them ahead of time to give answers that could lead the judge to determine they were? I do believe George thought he was an agent when LE picked him up to go see Casey and they secretly recorded the conversation in the car. I also thought by his head shaking and body language in the court room, that he thought LE was doing something covert when they helped him set up the meeting with Casey while Baez was out of town. It was like George was saying yes they were using him for information. This was such total b.s. on George's part. He was desperate to talk with Casey and now he wants to pretend that LE did something wrong and he was a patsy? Maybe it was wrong of LE to try to set up the meeting with Baez out of town but if I was George I would not have cared what they did as long as I got to see my daughter.
Yep, that was me, Patti o. Thank you! Lee promised to spill the beans on all he knew in exchange for immunity. It seems the state had him backed into a corner and there was only one way out, sing like a bird. As for the agents of the state thing, forget it. The judge wouldn't have bought into it, but had Baez coached the Anthonys ahead of time, tampering with witnesses is a no no and he would be in serious trouble. The bottom line is that anyone with common sense would know they were desperately seeking Caylee, so if anything, law enforcement personnel were more like agents for the Anthonys. At the same time, while in court that day, he first learned that the drive to the jail was recorded. No one told him, so I could understand an element of anger on his part. No one likes to be recorded without their knowledge, but it was all legal.
Great Show Dave very informative...You discussed the possabilty of Jose Baez writting a book after this case is resolved.Giveing his inside veiw on events..I dont think he can as it would violate the cleint attorney privilige.I read somewhere that even after he no longer represents a client that an attorney is like a doctor an cannot tell tales out of school..However this client attorney bond can be broken if the cleint sacks there attorney for inadiquit council.At least thats what Ive read some where.Whether its correct or not perhaps someone more informed than me on American laws can answer?
Thank you, ecossie possie. As long as Baez makes no mention of privileged information regarding his client, there's nothing to stop him from writing a book, and I imagine if he put it in the context of a fictional event, he would have more leeway. Still, he'd have to leave out those juicy office visits when she was under house arrest.
Hi Ecossie, priviledge is the client's. Think of it as something they own. Therefore, even if they fire a lawyer then priviledge still attaches to any and everything the lawyer knows. Whether the client even hired you is priviledged information and I'm not allowed to say.
However, Casey can waive the priviledge (because it's hers to do what she wants with) and allow and Baez to write a book. There could already be something in writing. No ethical lawyer would touch that with a ten foot pole but doesn't seem to be a specialty of Mr. Baez so could have happened.
Big trouble though because Casey has years of appeals and will be requesting a new trial all along the way so I don't see how he could write for twenty odd years no matter what he's got.
Unless he plans to take the disbarrment and live off the proceeds of the book.
Priviledge is also lost f you have the conversation in front of a third party. Gossiping about your clients on the subway or inn a restaurant is a big no no. Tacky as well.
Hope that helps - clarity is not my forte. Should be but clearly not. Pun intended.
By the way, all lawyers, at some point may make a major error.
For example, sending a priviledged letter intended for their client to the opposing counsel instead. Big ouch on the ego but the other lawyer will just send it back 'unread'.
Trying to screw over a lawyer that makes a mistake is considered 'sharp practice' and frowned upon by the lawyer's governing body. Likewise, priviledge is a huge deal and most lawyers don't try to get around priviledge, either fairly or unfairly. Any ethical lawyer would very quickly pipe up if they were overhearing something they shouldn't.
It's just not done as they say.
Even with client/attorney privilege, he can still write about his interaction with the prosecution, the judges, and, certainly, the media, as long as he doesn't divulge anything related to Casey. Or she could be a sport and waive the privilege so he can afford to work on her appeal or something.
While I like the thought of a privi ledge, it is privilege. Simply didn't notice - shocking.
I agree with you Dave, kind of. It would all have to be pretty general to get around the privilege Even the fact you called counsel on March 1 is privileged. Presumably you could get a few hundred pages of behind the scenes but he could only regurgitate facts that were already public.
Baez can not advise Casey to waive privilege in order for him to continue working on the case. Even if Casey has waived privilege, you have to be in a position to bargain to make a binding a contract so there's a strong case that contract in existence is invalid or void.
It should be void anyway because the subject matter is against public policy. The public and legal system do not want defendants waiving priviledge in order to fund their defences. JMO
The privilege survives Casey's death, lest anyone think Baez will simply hurry the execution along. He may but not on purpose.
You know, EH, I'll bet you a heap-o-money he's planning on doing the talk show circuit after all is said and done, like I am. Just kidding, but not about him. He's young enough to do it and still get back in the game after interest in the case fizzles. Meanwhile, think about his possibilities.
Hey Dave, no denying that Baez will be doing nothing but cashing cheques for a while.
This has me wondering though, if there is a book, wouldn't the JAC or the state have a pretty good claim for a piece of the pie. If Casey waived privilege to compensate her lawyers then she profits from the book very directly. If I'm not mistaken your Son of Sam laws allow the State to grab the dough but I could be wrong.
At this point I'm just waiting to see if Casey is sentenced on July 15th or August 9. As we know Caylee seems to have a lot of influence - I thought it was nice that she let Grandma and Grandpa get out of dodge before her remains were found. Yes, I'm that crazy.
When Casey was declared indigent, Judge Strickland was satisfied with where the money came from and where it went. The JAC is responsible for paying Casey's bills incurred by her defense. What her attorneys do after the trial is of no consequence to them because they were never the beneficiaries. Basically, they are like executors of a will with power of attorney. In a round about sort of way. JAC money never touched their hands. It went from the state to the vendor for services rendered, rendered for Casey. When this trial is over, the JAC says see you later. Well, then there's the matter of appeals, but we won't go there.
The attorney/client privilege remains even after the attorney no longer represents their client!!
When the former attorney of the Baez Law Firm, Adams, took the stand , he turned to Judge Perry and said he did not feel comfortable answering Baez' question as it was attorney/client. That is when Judge Perry asked Baez if he really wanted to continue with his question. Baez could have opened the door for Ashton and Burdick to have a field day with Adams as Baez was about to break the attorney/client privilege with his question.
NeJames got Cindy and Geo to sign a waiver releasing him from the attorney/client privilege. Some speculated that Mark wanted to be free to represent Tim Miller with no conflict of interest. It was also rumored that NeJames was scouting around for a ghost writer for an upcoming book. I choose the latter and believe that getting the waiver signed was more about the book. It should have had no bearing on Tim Miller, whatsoever. JMO
If Casey waived her attorney/client privilege with Baez, she would not be making a profit off his book. She will be in prison and have no need for money. Casey, if convicted, cannot make a profit off this crime. Casey's parents can make a fortune tho or anyone else for that matter, except the attorneys unless a waiver is signed. That goes for Mason, Medina, Kenny Baden, Lyons , et al.
Sorry Snoop, I beg to differ.
If the reason Casey waived privilege was to compensate Baez then she profitted directly. Instead of paying money she signed a waiver that will allow her lawyer to make the fees from a book, ergo paying her legal fees that. Not different in law.
In Phil Spectres first trial for murder eleven jurours voted guilty an one voted not guilty.A misstrial was declared..What if it had been the otherway around an eleven had voted not guilty an one for guilt.Would that verdict stand or be a misstrial also?
Ecossie, your questions are too difficult for me to answer. I never followed the Phil Spectre case. They have to have 12 out of 12 unnamious votes in the guilt phase of the trial. That may very well take place in Casey's trial. Some guy in the jury may think she is cute. Spectre was retried right?
Yes Snoops an found Guilty by all 12 Jurours...
Dave,
I know I am going to hold a minority opinion on this, but I went to the Florida Corrections Website and took a look at what death row in Florida looks like. It is a miserable, awful existence. I think that Casey should be punished heartily for taking her daughter's life, but this is truly an awful, awful existence. She will spend the rest of her time on earth in a 6 x 9 foot cell with no window, just a fluorescent light. Thats smaller than most bathrooms. Here's a virtual tour of her new cell: http://www.dc.state.fl.us/oth/vtour/index.html
How do you feel about this?
I think she'll end up getting exactly what she deserves and nothing less. It's a horrible existence, but knowing the state is going to kill you AND the little cell is really bad.
hiya dave.. just listenned to the blogtalk radio... excellent .. you came across brilliantly, it was very interesting and as a first time listenner to radio blogs.. eh if thats the name of it .. i can honestly say i will definately be on the watch out for the next one .. thanks for keeping me up to date as always.. take care and keep well.. looking forward to your next episode!! ;) cinta
Rusty, I will make your link clickable....
Florida Corrections Website
Casey will be going, if found guilty, to Lowell Women's Prison. Are they all equipped the same? I understand that quite a few women's prisons are closing and inmates are being shipped to Lowell.
Thank you for fixing the link, Snoopy. I didn't see you had already done it.
Dave do you have a media pass yet? Get plenty of rest tomorrow, I have a feeling Mason and Baez will come into court blowing steam over the results of motions. See you on T.V.
Media passes won't be handed out until the beginning of May, so I don't know anything yet. Yes, I think Baez and Mason will be unhappy, but will they show it? I'll be waiting for it. The judge won't put up with it and I think that will cool down the steam.
Thanks, Margaret, I'm going to rest as much as I can tomorrow, but family friends are going to be visiting.
I know everyone is going to bop me but I am confused. Casey is commonly spoken about as being a Sociopath, a Psychopath, and other additions to these two terms. Why have these conditions not been considered mental illnesses in her case. Is it that if she had claimed insanity from the beginning of her interrogation mental illness would have been considered, but that would mean she was confessing, wouldn't it have. Can she still plea insanity or is that totally out of the question? If she really is a Sociopath, a Psychopath, etc. does the prison she may be headed to include a mental ward and possibly she would end up there. Casey sure would make a great case study for identifying the mentality of murderers. I am not proposing that she be treated anything less than what she deserves but we all know there are many who are determined mentally ill to have committed such crimes against their children. Is it the Florida law that makes the difference. My interest has nothing to do with whether I think she may be innocent or not. I just can not come to an understanding about the mentality of Casey and have never read much about the examination of her mental status when the murder was committed, and how unattached she has kept herself from her child and her family like she is empty of anything to do with love and emotional compassion.
Casey underwent a psychological evaluation in the beginning. She's sane! Well, I know lots of people don't think so, but the state of Florida is fairly strict about it. You almost have to be a stark raving lunatic to be considered insane here. Sure, there are all sorts of "qualified" people writing on blogs, but they're worthless or they would be called as expert witnesses for the defense. None of them ever spent a second with Casey, let alone in a three dimensional setting. They base their diagnoses on what they see on TV. In reality, lots of lay people call her whatever they want, but in the end, I'm going to stick with what the state says. If Casey's as crazy as some bloggers think, why aren't they asking for medical treatment instead of death? They contradict themselves.
EH~~I am not following you. Do you mean that Casey has already waived her attorney/client privilege? Isn't something like that against bar etchics or rules? Casey is allowed to profit right now. She has not been found guilty. If found guilty of this crime, she is not allowed to make a profit off of it.
New Puppy, Casey is not insane. An insane person would not have been intelligent enough to hide the remains. Does Casey have mental issues? She sure does.
By Snoop~ I am going to take my credentials and mosey on home....see ya!
HI New Puppy, the prisons are warehouses for both sociopaths and psychopaths. A huge portion of the population are mentally ill and behave very much the same as Casey.
Not the same as legal insanity. You must be so deranged as to not know right from wrong. That's really gonzo.
Otherwise, it mitigates or lessens the sentence sometimes, but doesn't change a finding of guilt to not guilty by reason of insanity.
Pleading insanity comes with it's own set of rules and would already be before the court. It's nothing Baez and Co can pull out of there pocket at the last minute.
Won't save her skin either, both mentally ill and mentally retarded individuals are executed as a matter of course. If you truly lose your mind in prison - gone to the point you don't know what's going on, they will medicate you back to reality and then execute you. There are cases where the prisoner is forced to take meds in order to do just that.
Casey is too mentally ill to reasonably assess the kind of trouble she's in but not mentally ill enough to escape punishment.
Hi Snoopy, I couldn't possibly know whether Casey waived privilege or not.
The issue was could Casey waive privilege and allow Baez to write a book including material subject to the privilege after the trial. Presumably, Casey would waive privilege in lieu of paying legal fees. All hypothetical obviously.
And yes, beyond unethical which is why I don't think that if such an agreement does exist that it's worth more than the paper it's written on. Definitely, wouldn't put it past Baez to try it on for size though.
I can't even think of a book written by a criminal defence attorney about a client. Not with. About.
ecossie possie- re your question about Phil Spector's trial (s). Snoopy was correct that unless all 12 jurors reach the same verdict it is a mistrial. If 11 of the 12 had voted NG instead of guilty it would still be a mistrial but the state surely would have taken that into consideration when deciding whether to even retry the case and how to present their case differently if they decided to do so. Did you know that oral arguments are on the docket for Spector's appeal?
Thank you, Dave and Snoopysleuth!
As EH said above no honest attorney would exchange the rights to a client's story in exchange for defending the client. The state of FL made sure that was not the case in 2009 when Casey had a total of 8 attorney's working her case.
Jose Baez signed an affidavidt in March of 2009 that Casey has not signed away any privilege to him to sell her story to fund her defense. Here is an excerpt from a WESH article about this subject/ hearing and a link to the state's motion to make sure there was no conflict of interest:
The hearing is on a motion to determine whether Anthony's attorney has a conflict of interest. Prosecutors want to know if her main defense attorney, Jose Baez, has been selling the story of Casey and Caylee Anthony.
They point out that Casey Anthony has gone from "pauper to princess" and wonders how she is paying for the eight attorneys on her defense team. (Read The Motion)
Baez and Casey Anthony have filed sworn statements assuring the judge that Anthony did not give Baez the right to sell her story. Baez said he does not have a conflict of interest.
http://www.wesh.com/download/2009/0324/19002170.pdf (motion)
http://www.wesh.com/r/19002036/detail.html (article)
Hi Snoopy, Two comments, one of which was to you seem to have gone missing.
Sorry New Puppy, I gave an explanation of legal insanity a shot but it hasn't shown up.
I'll come over to mainstreamfair, if that's okay with you Snoopy.
Thanks all! It's been fun.
EH, Thank you, your comment has moved some of the cobwebs from my brain and I better understand how mental illness is looked at in the courts of law. What you explained is very interesting