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Entries in David B. Knechel (233)

Wednesday
Feb092011

Turning a bad joke into a happy ending

A young friend associated with the Casey Anthony case has been out of commission for some time now. That’s because she had been “with child” and wanted a lengthy break, which is still ongoing. She lives in Mississippi with her husband and two children. Check that… three children now. The closest I ever got to her was in June of 2009, when my lifelong best friend and I took a scenic road trip through Enterprise, Alabama en route to Natchez, Mississippi. I wrote about our adventure, but to be honest, Natchez is 180 miles from where she lives, and Stew and I were in no mood to hang around screaming children. Besides, I didn’t know her then. Heck, I didn’t go to my first hearing on the Anthony case until four months later, in October of that year, when the most Honorable Judge Stan Strickland called me up to the bench, six full months before the defense filed that senseless motion against him. What a crying shame.

Speaking of crying shames, screaming children and newborn babies, someone (singular or plural) decided to play a dirty little trick on me. There are two people who come to mind and I’m sure they are the guilty party, but instead of getting angry, well, let’s just say I didn’t. A lot of you are aware of certain blogs run by narcissistic, angry, convoluted and egotistical women who seem to hate men and have a strong penchant and predisposition toward spreading lies. Trust me, I’m not their first target, nor will I be their last. In any event, a chubby little thing with no brains who lives in Texas started spreading a dumb rumor that I was the father of the little papoose-to-be in Mississippi. Wow, methinks she gave my manhood way too much credit. All the way from Orlando to north Mississippi. That’s quite a S - T - R - E - T - C - H, but thank you very much.

Some of you may not know that I am 58-years-old and my baby days are long gone unless I make my way to Hollywood and marry a young starlet, but that’s not going to happen. As much as I love children, acting grandfatherly is more like it, the key element being grand, not just fatherly. At my age, raising children, among other things, would prove problematic, but we won’t go there.


On December 15, I received an e-mail from the Cord Blood Registry. Cord blood collection is a great thing. After the birth of a child, blood is extracted from the umbilical cord. It’s loaded with stem cells, including hematopoietic cells, which can be used to treat blood and genetic disorders. The placenta is a better source of stem cells for other treatments because it contains up to ten times more than cord blood, but cord blood could help your child later on in life. Why someone would want to play a cruel and stupid trick on something good is a bad thing, but as soon as that e-mail arrived, I called the toll-free number. That’s all it took. Problem solved, but if you think it ended there, guess again. Suddenly, all sorts of e-mails arrived, including one from American Baby magazine. Well, I declare! Someone was gracious enough to sign me up for a subscription, and darn if I didn’t call them, too. Only this time, I transferred the subscription to my friend in Mississippi, free of charge and compliments of her chubby ex-friend in Texas. Thank you, chubby little ex-friend in Texas! And American Baby, of course.

Since mid-December, I have received e-mails from GerberFisher-PriceUpromiseEnfamilParenting magazine, and Similac. Most names are probably familiar except, perhaps, Upromise, which its Web site states, “is a free service that helps you get money for college bills and student loans from the things you do all the time: buy groceries, shop online, fill your gas tank and much more.” It sounds like a great idea and I’m glad to help.

This morning, I got a heavy package in the mail. It was a whole case of Similac Advance Complete Nutrition formula, perfect for the first year! Just what I needed! Here’s why… It’s just the same as all of the calls I’ve had to make, only more. With the e-mails and snail-mail I’m receiving, I call the companies and explain the situation. I tell them there are some very spiteful women out there, only a handful, mind you, but since Casey Anthony is a narcissist, the case attracts narcissists just like her. Birds of a feather. Peas in a pod sort of thing. Oh yeah. I tell them I am a writer and ask them if they want to see my Web site. YES! Of course, they do, so I tell them. Today, I called Similac and told them it was mean and nasty what was done. The woman on the other end told me to donate the formula, so guess what I did? I called a nearby church and took it down there, compliments of Marinade Dave, but with only one small stipulation. Would they make sure all of those young mothers get my blog address? Sure thing. It’s also 24 new people who will learn about my blog if they haven’t already. Visit marinadedave.com. If I receive more junk in the mail, I will do the same thing; turn a bad joke into a very good thing. Fortunately, that’s how my mind works. I find good in everything, and now a lot of nice, young, mothers and customer service reps will be stopping by my blog. A little “self-promotionalization taken to the fullest extent” as P.T. Barnum might have said.

Thanks, ladies, although calling you that is even more of a S - T - R - E - T - C - H! Keep up the good work and, thanks to you, I may be able to finagle a free college education for my friend’s newborn.

Thursday
Feb032011

The Tale of Laura and the Barbarian Princess

If any of you are familiar with Florence Virginia King, you are aware that she is an American novelist, essayist and columnist from Mississippi. Born in 1936, alas, she put down her pen in 2002. Almost all of her works written under her real name have been non-fiction. You may recall 1975’s Southern Ladies and Gentlemen. You may also recognize her from the historical romance novel, Barbarian Princess, written under the pseudonym Laura Buchanan. Ironically, she’s not the only writer of fiction with that name. Another Laura Buchanan entered the fray more recently; one who seemingly attempted to parlay her name into the bright lights of stardom, tossing good judgment to the wind. She failed miserably and turned out to be the Clifford Irving of the Casey Anthony saga. Irving, in case you don’t know or remember, became famous  - infamous is more like it - for using forged handwritten letters from reclusive billionaire Howard Hughes in order to convince his publisher into accepting a counterfeit “autobiography” in the early 1970s. Hughes came out of the woodwork to prove it was nothing more than an elaborate hoax. Irving spent several years in prison, but later managed to publish some best sellers, including two aptly titled books, Final Argument and Daddy’s Girl.

On October 24, 2009, Laura Buchanan declared, under penalty of perjury, that, “On September 3, 2008, I was a volunteer for Texas Equus Search.” On that fateful September day, she began her odyssey into the treacherous path of this unyielding monster that’s chewed up and swallowed its victims at will. As innocent as Casey’s first victim was, Buchanan’s not one of them, and whether her initial intent was righteous or not, her ship sunk. Today, she’s just another part of the ever-growing, Titanic-sized, Casey abyss.

“On September 3, 2008,” she continued, ”the team in which I was assigned went to Suburban Street in Orlando and searched the area near where the remains of Caylee Anthony were found… I personally searched near the privacy fence and worked my way towards and then beyond where the body was found… It is my opinion that the remains of Caylee Anthony were not there during the time of our search.”


How quickly memories change when facing someone as intimidating as an Assistant State Attorney; intimidating in the sense that they represent the will of the people, and no one is more fastidious than Linda Drane Burdick when it comes to truth and justice. From her first statement under oath to her last, Buchanan’s story wavered dramatically, especially under the skillful questioning of the seasoned prosecutor. Just how did this begin and where are we today?

First of all, by her own admission, she is a “virtual” emergency/law enforcement groupie. She gets high at the sight of flashing lights and blaring sirens. Riding around with the law had been a favorite pastime and after taking a class at the citizen police academy, getting involved became a hobby of sorts. There’s nothing inherently wrong with that, but at the same time, a lot hinges on where it takes you and how far you want to go. At the end of August, 2008, her husband was scheduled to come to Florida for job related training. She wanted to go far, so she tagged along. Of course, by that date, many people across the country and elsewhere were enamored by the “Tot Mom” story made famous by Nancy Grace and, mostly, by the shocking audacity and hollow gaze of this young and single mother in the news who would ever lose her child, let alone for a month. Caylee was special, too. No child could have looked more angelic. Her wide-eyed innocence and eager smile were plenty enough to melt the coldest heart. There is no doubt in my mind that Laura Buchanan, herself a young mother of three, was one of those who became overtly fascinated and now was her chance. In her mind, I’m sure she felt the same way as all the others, but something took over. Something or someone made her change.

It took around 13-hours to drive from Kentucky to Portofina Bay, the resort inside Universal Studios just south of Orlando. Texas EquuSearch was in high gear and thousands of volunteers had already joined in the search for little Caylee, but they still needed more help. She went to the TES command post the following morning. After her search, she and her husband went to Disney. While waiting for the monorail, she spotted a toddler who she thought was Caylee and reported it to Kid Finders (or OCSO) the following day. That led to her initial contact with Cindy when she called Laura about the sighting. Laura was quick to tell her she and several other searchers had a lot of compassion for the Anthony family. This is where the ball started rolling. It began the back and forth e-mails and phone calls between her, Cindy, George and Mark NeJame, who represented the Anthonys at the time. In one of her initial e-mails to NeJame, she wrote, “I’ve heard so many disturbing things, like George was molesting Casey when she was younger and started to molest Caylee..? That Caylee Could possibly belong to George and or brother Lee???” She also hoped that NeJame had given Cindy and George her e-mails. This message was sent on September 15. In my opinion, it, quite possibly, could have been where Casey got the rather bizarre notion to accuse her father of molesting her, or at least, to plant the seed. I would surely guess the Anthonys discussed the allegations making the rounds while she was home on bond that final month.

Correspondence went back and forth between Buchanan and NeJame beyond the point when the attorney and the Anthonys parted ways near the end of 2008. Meanwhile, she had begun communicating with Jose Baez soon after her supposed sighting. On October 9, Laura sent an e-mail to Jose at the Baez Law Firm. She mentioned being in Florida a month or so earlier and of spotting a girl who looked remarkably like Caylee while waiting to enter either the Magic Kingdom or EPCOT. She lamented that deputies never followed up on her tip because they were no longer looking for Caylee. [This is not factual. While being interviewed by Sgt. John Allen in December, 2009, the lead investigator told me point blank that over 100 law enforcement personnel continued to search for Caylee all over the country up to the date her remains were found.] On Monday, January 12, 2009, she sent Jose this e-mail:

“I spoke with a person that I hadn’t spoke with in a while and she has told me some very strange information and I think we need to talk again ASAP… Oh my god this is horrible… [REDACTED]

By now, she was thoroughly ensconced in the mechanisms of Casey’s defense. So much so, that she sent him pictures of herself and one with her 5-year-old daughter. Life was good and she was getting more cozy with each passing day.

I can’t say for sure who started fishing first, but by all signs, it seemed that they both swallowed each other hook, line, and sinker. She had something for him and he coaxed her for more. She had become an integral part of Casey’s defense, only she had no idea about the massive freight train that was going to hit her; the Burdick Express. Maybe, just maybe, GULP, she didn’t look exactly where Caylee was discovered. No, not precisely.

There were several passages in Buchanan’s August 2010 interview with the prosecutor that immediately sent red flags up as far as I’m concerned, and it showed Burdick’s adeptness and professional flair. The first one dealt with Buchanan’s statement that she searched behind the Anthony home. That’s impossible because the Anthonys have a privacy fence that keeps their backyard, well, private. Totally so. There’s no gate that opens up to the beyond. The beyond, by the way, is nothing more than a private backyard in the adjacent development, also filled with homes.

The second one was a real laugher. She told the Assistant State Attorney that, while she was following the end of the privacy fence on Suburban Drive, she stepped on an alligator. Obviously, this woman has a wild imagination, wilder than any of the inhabitants of the Suburban Drive woods. I addressed the issue of gators early on, soon after I began writing about the case. Alligators generally live in or very close to bodies of water. By that, I mean lakes, ponds, rivers and swamps. Although the end of the woods where Caylee was found had been under water at the time of the searches, it is not in that state all year round, and that’s not very inviting to a gator. They like to remain dead still for hours with just the slightest movement of their eyes so their target isn’t aware they’re even there. Then they pounce. What Buchanan described was that the reptile was resting in the brush. That’s just not true. They want to see what’s going on all around them, so they lurk in the open or with just their eyes above water level. They take their quarry to the bottom of the water to rot before eating. Generally, anyway. I’ve been in the Orlando area for almost 30 years, and let me tell you, I have never stepped on one. Not only that, I WOULD NOT stand there waiting for the creature to run away like she said it did. I’d be gone in a flash - as far away as I could get. Also, there’s a school nearby. Snakes are hard to control, but gators? No way, not as much as they love to sun themselves in the open.

So, two of her stories have been debunked, and now, we come to the matter at hand. That would be the twisted TES report that somehow became a lie. Who instigated it, Baez or Buchanan? That’s the subject of another post, but a search volunteer by the name of Lori Fusco told investigators that she asked Buchanan if she was working for Baez. “She wouldn’t give me a straight answer. She wanted to know everything that I knew, which I didn’t know much. She kept asking me if I was in that area and if I was on a team with her which she should have known.”

How true, and in a recorded phone call with searcher and friend Ann Pham, Buchanan was questioned about her inconsistencies.

Ann Pham: The first one they showed me is legitimate. Right?

Laura Buchanan: Both of them are legit. Somebody else had that form before I had it because they (expletive) spelled my name wrong.

Ann Pham: Your name is signed at the top, Laura. That’s what I don’t understand. It’s got your actual signature and it matches the signature from the first form.

Laura Buchanan: I don’t know that I can’t explain.

Shades of forgery! Ultimately, several of her friends were convinced she wanted to be in the media spotlight, and at Caylee’s memorial service, she seemed more concerned about being on TV than she did about Caylee. Jose Baez was just hit with a new ethics complaint, according to the Florida Bar; quite possibly stemming from the comedy of errors regarding former Anthony attorney Brad Conway and those persnickety TES search documents. What a mess. Did Casey’s lead attorney allegedly misrepresent facts to the court? Time will tell, but it’s common knowledge that he has skated very close to the edge on several occasions, and so far, he’s managed to keep clear of falling through the ice. What about this time? It’s been harshest of winters, but Punxsutawney Phil did not see his shadow yesterday. An omen? No, and no karma moment, either, but will the ingratiating Laura Buchanan come to his rescue as spring rolls in? Not a chance. Today, she, too, could be facing charges, and she tells her friends she wishes she never got herself involved in this mess.

Good old Florence King. She said it best. “People are so busy dreaming the American Dream, fantasizing about what they could be or have a right to be, that they’re all asleep at the switch. Consequently, we are living in the Age of Human Error.” It sounds just like Casey’s defense. Back to square one. Where, oh where, will it turn?

Friday
Jan282011

New Discovery Today

Casey Journal ink
Journal part 2
Phone call-threat to Amy H
Map Photos
TES images
Bone Analysis of Caylee Anthony
Computer Evidence Inventory Doc
Adhesive Tape Analysis
Property form-TES
Subpoena TES Laura Buchanan
Transcript of Phone call to Laura Buchanan
Transcript of Laura Buchanan
Transcript Kasper Jordan
Emails Mark NeJames-Laura Buchanan
More Emails

Cindy’s Letters to Casey
April 2010
July 2010
August 2010
Oct 2010

Laura Buchanan-Interview Aug 2010 Part 1
Laura Buchanan-Interview Aug 2010 Part 2
Miscellaneous Interview Transcripts

Robyn Adams Interview, Part 1 | Part 2

Thank you, Jonathan!

“I saw her eyes and they looked evil.”

- Laura Buchanan (hearsay)

This is what Buchanan’s friend, Anne W. Pham, told OCSO Corporal Yuri Melich in a lengthy transcript released today. Dated October 10, 2010, she said  that she and Buchanan searched Blanchard Park in September 2008. Buchanan claims she saw Casey after her release from jail on bond. Pham also remembered Buchanan telling her that searches off Suburban Drive were called off because “the water levels are really high.”

Pham told Melich that Buchanan told her Jose Baez only called her one time. Later, she claimed Buchanan said, “After all this [CENSORED] that I’ve heard after I wrote that statement…I could care less what they do to her…You know? All I did was tell the truth. Did not mean I was on her side… I simply feel sorry for, for George and Cindy.”

Pham also told Melich that she found it a little odd that Buchanan “was so interested in being a part of, you know, being on CNN and, um, the Nancy Grace show or whatever.” She described her as being a sensationalist. Buchanan had told the defense that she searched the area off Suburban Drive where Caylee was found. This was contrary to what Tim Miller of TES told searchers; that the water level was too high and to leave it alone. So far, everyone else who searched the woods also said the precise spot was too flooded to look, and Buchanan may have changed her tune when the State Attorney’s Office questioned her in a deposition.

 

“We would signal to each other, talk to each other, through hand gestures.”

- Robyn Adams

Adams figures prominently in today’s release in the form of audio recordings of a February 10, 2010 interview with an FDLE investigator. If you recall, she is the wife of a former Altamonte Springs police officer. In 2008, they were arrested after they were discovered to be operating a marajuana growing operation in Chuluota, a small community east of Orlando. Transcripts of her interviews were made public earlier. She was sentenced to 10 years inside a federal prison in Tallahassee.

In a series of recorded jail conversations between Adams and a friend, the friend asked her if she was still rooming with Casey and wondered how she was doing. Adams told her she didn’t seem good.

From the Orlando Sentinel:

Adams said Anthony didn’t seem good.

“I’m praying for her every day,” she said.

The friend asked if Anthony is a basket case. “Pretty much,” Adams said.

The woman told Adams authorities found a body and believe it to be Caylee.

“I had a feeling that it might be, but nevertheless, it’s not my place to judge her,” Adams said.

“I’ve had a complete change of heart Mel since I’ve been here.”

In another conversation with her dad, Adams asked her father to pray for Anthony and her parents.

“They really need it,” Adams said.

 

Many of the released photos show shots taken from a helicopter over search areas after the toddler’s disappearance. Some of the other photos show TES ground searches.

 

 

A threatening phone call was made to Casey’s former friend, Amy Huizenga. Most of the call is inaudible.

“You need to listen and listen good,” a male voice threatens. “Those charges need to get dropped.” This was in reference to the check fraud charges she brought against Casey.

 

UPDATES THROUGHOUT THE DAY AS INFORMATION COMES IN

 

Tuesday
Jan252011

Revisited: Casey Anthony must die!

As things are gearing up for the trial, I want to reflect on some of the issues that transpired during the past two-and-a-half years. On April 20, 2009, I published Casey Anthony must die! on my old WordPress blog. Four days short of one year later, Casey’s defense team filed a motion demanding that the Honorable Judge Stan Strickland step down from presiding over the murder case. This article was cited by the defense as the primary reason why Judge Strickland would not be able to judge fairly. Poppycock! The judge never read that post or any of the others the motion cited. Also, had Jose Baez and, particularly, Cheney Mason fully read what I wrote, they would have discovered that the title had nothing to do with delivering Casey’s head on a platter of any kind. 

Here is the defense motion, and here is Judge Strickland’s order granting the motion. Incidentally, the date I was called up in front of the judge was October 16, 2009, a FULL SIX MONTHS before the recusal motion was filed.

On the WESH Website, Richard Hornsby said on the day the motion was filed, “There is little doubt that one day the defense will look back on the motion (as) the worst move they’ve made,” He added that, “Judge Strickland has previously shown a fairness to Casey in the way he sentenced her in the check case, and now they don’t know who their judge will be.”

Anyone who reads my articles should know by now I am not a proponent of the death penalty. Incidentally, this was written before Casey was declared indigent. Also, the electric chair was taken out of commission and injection is today’s method of execution.

Casey Anthony must die!

From the Florida Department of Corrections Web site, here are some fun facts:

The case of Furman vs. Georgia was decided by the Supreme Court of the United States (SCOTUS) in June 1972. In that landmark case, the Court held that capital punishment was unconstitutional and struck down state death penalty laws nationwide. As a result, the death sentences of 95 men and 1 woman on Florida’s Death Row were commuted to life in prison. However, after the Furman decision, the Florida Legislature revised the death penalty statutes in case the Court reinstated capital punishment in the future. In 1976 the Supreme Court overturned its ruling in Furman and upheld the constitutionality of the death penalty in the case of Gregg vs. Georgia. Executions resumed in Florida in 1979 when John Spenkelink became the first Death Row inmate to be executed under the new statutes.

In January 2000, the Florida Legislature passed legislation that allows lethal injection as an alternative method of execution in Florida. Florida administers executions by lethal injection or electric chair at the execution chamber located at Florida State Prison. The three-legged electric chair was constructed from oak by Department of Corrections personnel in 1998 and was installed at Florida State Prison (FSP) in Starke in 1999. The previous chair was made by inmates from oak in 1923 after the Florida Legislature designated electrocution as the official mode of execution. (Prior to that, executions were carried out by counties, usually by hanging.) The apparatus that administers the electric current to the condemned inmate was not changed. It is regularly tested to ensure proper functioning. 

 


Old Sparky - made of oak constructed by inmates

OR


Gurney used for lethal injections

Since the middle of July of last year, the name Casey Marie Anthony has permeated the airwaves, earwaves and print media of this country and many parts of the civilized world on a daily basis. Every day, something must be reported on the case against Casey, and no one has titillated more than Nancy Grace. All of her loyal followers must be tickled pink since the State Attorney’s Office of Florida announced last week that the prosecution will seek the death penalty against her for the murder of her daughter, Caylee Marie. State Attorney Lawson Lamar’s office said they want to kill Casey because, as the official explanation says, “sufficient aggravating circumstances” have come to light. Please take note that Lamar did not ask for the same thing against George, Cindy and Lee and some of you won’t sleep until the entire family is dead by the wheels of justice. How ironic that nearly 2,000 years ago and for hundreds of years, the idol worshippers of Rome demanded the heads of Christians as they begged for their lives. Now, it is the Christians making the same kinds of demands. There should be no trial. Casey Anthony must die! I am not going to delve into the pros and cons of this sort of punishment and I don’t really want to hear opinions one way or the other. This article is meant to just give you a taste of things to come.

Sentencing Casey to death might be what minions of people from around the globe are hoping for, but Lamar knows it’s no easy task. Here is a case I remember well: On November 25th 1998, police were called to the Central Florida home of Kayla McKean and told that she was missing. They began a search and as the story hit the news, hundreds more people gathered to help. Countless people spent Thanksgiving Day searching and continued through the weekend to no avail. On Monday, November 30, searchers were ready to begin again when Kayla’s father, Richard Adams, came forward and confessed that he had killed her the previous Tuesday in a fit of rage because she had soiled her underpants. In his confession, he told police where her little battered body was buried. Kayla’s stepmother, Marcie Adams, took police to the Ocala National Forest where Richard buried her. He was immediately arrested on charges of first-degree murder, aggravated child abuse, tampering with evidence and medical neglect. Like Casey, he faced the death penalty, but on May 15, 2000, Adams was sentenced to life without parole, plus 28 years. Because of her death, Florida enacted the Kayla McKean Child Protection Act.

Casey’s team will go to trial with a credible cast of legal experts, something Adams did not have. Although you may scoff at Jose Baez’s credentials, he’s got some strong talent behind him, including New York defense attorney Linda Kenney Baden [not now], famed criminologist Dr. Henry Lee [today, it was announced that Lee would not testify at trial], forensic scientist Dr. Larry Kobilinsky and Todd Macaluso [nope!], who excels at cross-examining technical experts. This will make the death penalty a tough win for Lamar, and he’s got to be concerned.

Some people feel this is nothing more than an old prosecutor’s trick. Well known law professor Alan Dershowitz, of Harvard Law School, claimed that Texas prosecutors used the same ploy to get a conviction against Andrea Yates, who drowned her 5 children in 2001.

“The prosecutors… never really expected, nor even wanted, the jury to return a death sentence,” Dershowitz wrote. “They manipulated the death sentence processing order to get a pro-prosecution jury, more likely to reject the insanity defense and return a verdict of guilt. This tactic, well known to those who practice criminal law, is becoming more widespread in states which authorize the death penalty.”

In Yates’ case, her conviction was overturned on appeal and she was ruled not guilty by reason of insanity. Because of the nature of choosing juries in death penalty cases, a potent problem exists for the defense. The selection process may give potential jurors an impression of guilt by merely asking for death instead of a lesser penalty. Ultimately, the State Attorney’s Office may be looking for a plea deal now that Casey faces being strapped down on a gurney to one day be fed intravenous shots of killer medications. No doubt, this will be a very long and costly trial since it doesn’t look like Casey is readying herself for some sort of confession. With this in mind, let’s examine how the death penalty works in Florida.

First off, death penalty trials are not cheap. The stakes are much higher because we are talking about taking a life. Because of that, more motions are filed, more interviews are conducted and lots more research is performed. The possibility of execution will prolong and complicate this trial and make it 10 times more expensive for the prosecution and defense than a maximum life in prison sentence.

Capital punishment cases need a very select type of person to sit in the jury box because they must be willing to sentence someone to die. Also, cases like these are two-parted: the guilt/innocence phase and the penalty phase, and that could almost double the length of the trial. Time costs money.

Unlike non-death penalty cases where potential jurors are questioned in groups, these jurors are interviewed individually. Sometimes, a process like this can take weeks. Once a jury is seated, the trial begins with the guilt/innocence phase, and like any other criminal trial, the state presents its case and the defense does its best to poke holes in the evidence presented against their client. After that, the jury decides guilt or innocence and if found guilty, the trial moves into the second stage, the penalty phase.

You’ll notice that in the State Attorney Office’s explanation of why it asked for the death sentence, “sufficient aggravating circumstances” was cited. These aggravating factors, all outlined by law, must outweigh the mitigating circumstances as put forth by the defense. Aggravating factors would include whether the killing was committed in a cold, calculated and premeditated manner. Mitigating circumstances would encompass areas such as whether the defendant acted under duress and why this life should be spared. It becomes a second trial within the trial and it is where the costs really start to add up.

Most of the time, it’s the defense that has to work harder and spend more time working out the reasons to spare their client’s life. To prepare for this phase, they must do extensive research into that person’s background. They must dig up every school record, medical record, where they were born and what doctor delivered them. If mental health issues never factored into the main trial, they will here. Mitigator specialists may be called in. I’ll bet you never even knew this type of career exists. All of this is very time consuming and expenses can soar into the 100s of thousands of dollars for this phase alone, just to pay for experts.

As of today, with the trial set for mid-October and more likely to be a year or two away [BOY, WERE WE WRONG ABOUT THAT!], it’s impossible to say how much it will cost the state, but the bill will rise tremendously now that it has asked for the death penalty. Prosecutors’ spokesman Randy Means said that death penalty cases are not budgeted separately from other cases, but because they take longer, they cost more. Anywhere from 3 to 10 times more effort is put into this type of case. If the defense puts many experts on the stand during the penalty phase, the state must counter those arguments.

Many of those aggravators have already been shown during the guilt/innocence phase and the mitigating circumstances will need to be fought again, with new testimony. We, the taxpayers, must fund the state. The money set aside to prosecute cases has already been budgeted and because of this, it takes away from other trials. That means someone else might not be prosecuted to the fullest extent of the law. Keep this in mind as the state readies itself because prosecutors had better be sure they know what they are doing. Before you throw any “Lawson Lamar lament” my way, this is not meant to argue the pros and cons of the death penalty, nor is it to trash Casey for not fessing up. This is just to let you how the process works.

If she is found guilty and sentenced to death, she will go to the Lowell Correctional Institution Annex in Lowell, FL, outside of Ocala in Marion County. Her cell will be 6 x 9 x 9.5 feet high. She will be served meals three times a day, at 5:00 am, from 10:30 am to 11: am and from 4:00 pm to 4:30 pm. All food is prepared by prison staff and transported in insulated carts to the cells. Prior to execution, she will be able to ask for a last meal and the cost to prepare it must cost no more than $40.00 and all ingredients must be purchased locally. As for the final cost of arrest, trial, incarceration, appeals and execution, the price will run into the millions, a lot more than just a life sentence, and in the end, Lawson Lamar knows that a death sentence in Florida may end up being more about dying of old age in a stark jail cell than anything else.

To those of you so hellbent on Casey’s execution, I ask you where you were when Kayla McKean’s father sat on trial, charged with her brutal murder. I ask you where you were when he was sentenced to life instead of death. I guess you didn’t care. Perhaps that’s not it at all. Ten years ago, this precious child, every bit as beautiful and angelic as Caylee Marie, didn’t have Nancy Grace fighting for her. No Geraldo, no cable shows, no Internet and no public. Who cried for Kayla? Think about it.

 

Thursday
Jan202011

State calls defense motions "in limine" lemons

“… most convictions result from the cumulation of bits of proof which, when taken singly, would not be enough in the mind of a fair minded person. All that is necessary, and all that is possible, is that each bit may have enough rational connection with the issue to be considered a factor contributing to an answer.”

- Judge Learned Hand in United States v. Pugliese, 153 F.2d 497, 500 (2d Cir. 1945)

The state of Florida just filed its  response to several motions in limine filed by Casey Anthony’s defense. Remember, in limine is just a fancy Latin way of saying “on the threshold.” They are motions filed asking the court to prohibit or limit certain testimony or evidence at trial. In this case, the prosecution struck back at seven of them, as if that’s a lucky number. I guess it depends on how Judge Perry interprets the law, which means that luck will have no bearing at all. They are:

  1. Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Lazaro Connected to Inquiries, Conversations, or Interrogation by Corporal William Edwards Related to Sexual Relations with the Defendant
  2. Motion in Limine to Preclude Testimony Connected to Questions and Responses of Witness Anthony Rosciano in the Interview by Corporal Yuri Melich and Sergeant John Allen Related to Sexual Relations with the Defendant
  3. Motion in Limine Regarding any Testimony that the Defendant has a History of Lying and/or Stealing
  4. Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to the Shovel
  5. Defense Motion to Exclude Irrelevant Evidence of Tattoo
  6. Motion in Limine to Prohibit the Use, in any fashion of Internet MySpace References Attributable to the Defendant as “Diary of Days”
  7. Motion in Limine to Prohibit the Use, in any fashion, of a Posting on the Internet MySpace References Attributable to Cindy Anthony, the Mother of the Defendant

Before I go any further, I must address a couple of things. I realize the prosecution and defense are not competing against each other in a spelling bee, but wouldn’t you think they would know how to spell Lazzaro and Rusciano by now? After all, both men will be crucial to the case, especially Lazzaro. Oh, and what’s with all those capital letters, if I may add my 2 cents worth? With all of the other letters capitalized, at least the $3.00 and $5.00 words, what happened to fashion, and since when was Myspace written with a capital S ? If you believe it’s MySpace or My Space, don’t think I didn’t do my homework. Am I nitpicking? Well, I guess it’s not all that important, except for the slight chance the defense will try to have the case thrown out on a technicality, which would be preposterous…

“Your Honor, my client dated Lazaro and Rosciano, not the other two guys.”

“Overruled.”

The defense was careful to point out the significance of following stringent due process standards established by the Supreme Court since this is a capital case and death is different. However, and in my opinion, each and every case argued in a court of law is important, regardless of its magnitude. I am certainly not alone in this view, and one thing any prosecution should never strive for is the conviction of an innocent person. This particular prosecution seems to be on the up and up and not overzealous. They are also much more organized than Casey’s defense, at least at this juncture, and they argue well. For example, the response was quick to point out that “in order for any evidence to be excluded, the evidence would have to have the effect of inflaming the jury, or improperly appealing to the juror’s emotions.” This is a recurring theme in the state’s rebuttals.

In some cases, it’s just plain common sense that should dictate the judge’s decision on the in limine motions filed by the defense. I understand fully the reasons why a good defense files a lot of motions, one of which I have explained before; that you throw everything at the wall and hope something sticks, and if all else fails, throw the kitchen sink and pray it pokes a giant hole in the wall the prosecution has built. “Relevant evidence is relevant evidence, hearsay is hearsay, and improper character evidence is improper character evidence despite the crime or the penalty.” Rules of evidence “should never be abrogated or applied any differently” because of the punishment the defendant is facing. In other words, it is what it is, or what you see is what you get. Florida Statute 90.401 states that relevant evidence is evidence tending to prove or disprove a material fact. The prosecution cited this statute and a quote from McCormick on Evidence §185 that says relevant evidence “has a tendency to establish a fact in controversy or to render a proposition in issue more or less probable. To be probable, evidence must be viewed in light of logic, experience and accepted assumptions concerning human behavior.” One way to look at this is simple. In and of itself, to borrow a neighbor’s shovel is meaningless, but coupled with other bits of circumstantial evidence, a clearer picture may arise about why the shovel was borrowed and for what purpose. As the state wrote, “Each item of evidence is a link in the chain of proof.” Also, as Judge Learned Hand wrote, “[I]ndividual pieces of evidence, insufficient in themselves to prove a point, may in culmination prove it,” because the “sum of an evidentiary presentation may well be greater than its constituent parts.”

The state’s response also looked into prejudicial v. probative analysis under F.S. 90.403, regarding exclusion on grounds of prejudice or confusion: “Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” What happens here is anyone’s guess, because the state acknowledges that the “trial court has broad discretion in determining the admissibility of evidence and in weighing its probative value against any prejudicial effect.” It is at this point the state argues its case against the motions in limine filed by the defense.

 

ARGUMENT REGARDING MOTION IN LIMINE TO PRECLUDE TESTIMONY OR ALLEGED STATEMENTS OF WITNESS ANTHONY LAZARO [sic] CONNECTED TO INQUIRIES, CONVERSATIONS OR INTERROGATION BY CORPORAL WILLIAMS [sic] EDWARDS RELATED TO SEXUAL RELATIONS WITH THE DEFENDANT and MOTION IN LIMINE TO PRECLUDE TESTIMONY CONNECTED TO QUESTIONS AND RESPONSES OF WITNESS ANTHONY ROSCIANO [sic] IN THE INTERVIEW BY CORPORAL YURI MELICH AND SERGEANT JOHN ALLEN RELATED TO SEXUAL RELATIONS WITH THE DEFENDANT

As I argued in an earlier post about the rather sticky subject of sex, the state was careful in wording its response. The relationship with Rusciano predated the disappearance of Caylee, so what transpired in the bedroom is of little to no value. Lazzaro’s, however, is a different story. Casey slept with him every night after Caylee was last seen. This continued until he left for New York, but of importance is what Casey was like. Common sense tells us that a mother, ANY MOTHER, would be so incredibly desperate to find her missing child, sexual intimacy would be totally out of the question.

The state adds that “the existence of an intimate relationship between the two during the time frame when Caylee Anthony was last seen and when she was reported missing by her grandmother is highly relevant.” I certainly agree. According to Lazzaro, Casey never mentioned her missing daughter to him other than to tell him she was with her grandmother, Cindy, or the nanny. This is extremely important in painting a picture of Casey’s demeanor on June 16, when the state says Caylee was last seen, through July 15, when the party door slammed shut. When Lazzaro learned of the “kidnapping”, one of his first text messages to Casey expressed incredulity that she never told him anything about it the whole time she was with him. How odd.

ARGUMENT REGARDING MOTION IN LIMINE REGARDING ANY TESTIMONY THAT THE DEFENDANT HAS A HISTORY OF LYING AND/OR STEALING

As Cindy once said, a liar does not a murderer make. That’s true, but when it’s part of the time frame between June 16 and July 15, should it matter? The state acknowledges the difficulty of bringing it up if Casey never takes the stand and cannot be cross examined. There is also the issue over how long Casey had been doing it. Most of her life? While Cindy pursued the truth about her granddaughter and Casey continued to lie, I don’t see any evidence that this was the first time Casey lied about anything. She was (and remains) a born liar. To be honest, I don’t know any murderer who desires to tell the truth about what they did, so this defense motion in limine, in my opinion, could go either way with the judge. The state says her lies are “relevant to the conciousness of guilt which may be inferred from such circumstances.” To me, inferred is too flimsy of a word.

ARGUMENT REGARDING MOTION IN LIMINE REGARDING TESTIMONY OF NEIGHBOR BRIAN BURNER IN REFERENCE TO THE SHOVEL

If you ask me, this one’s a no brainer and I shouldn’t have to cite anything from the state’s official response. Common sense dictates the answer. The child was missing long before anyone knew it, the car smelled like there was a dead body in it, a shovel was borrowed, but not used, and the body was eventually found tossed in the woods around the corner from the house. I say, if the judge decides the shovel is of no relevance because it “could” have been used to dig up some nonexistent bamboo roots, then the remains must be tossed, too, because there’s no solid proof Casey “could” have thrown them in the woods. Or did. Does that make sense? Good. By the way, I have bamboo in the front yard and I’ve never seen a root, let alone tripped over one. It grows in clusters and most of it was grown here for a reason. Usually, you find it facing north because if buffers the cold wind that comes down from the north. It was used to help protect citrus from freezing air.

As for the shovel, it will go hand in hand with what Brian Burner indicated he saw. On three separate days, the defendant backed a vehicle into the garage. That’s something he had never see her do before. We can draw our own conclusions, but the state left this question for the court: “Does the evidence of borrowing a shovel from the neighbor within two days of the child missing have a tendency to render a proposition in issue - that it was borrowed with the intent to conceal remains - - more or less probable?” You can decide for yourself.

ARGUMENT REGARDING DEFENSE MOTION TO EXCLUDE IRRELEVANT EVIDENCE OF TATTOO

Once again, this is an easy one to figure out, and the state said it best in its final sentence about this motion. “The tattoo is relevant to show the Defendant’s state of mind during this time period, and the inscription obtained can certainly be read either as an epitaph for her daughter, or signaling a new beginning for herself.” Does this seem like a person waging their own investigation into the disappearance of their child?

ARGUMENT REGARDING MOTION IN LIMINE TO PROHIBIT THE USE, IN ANY FASHION, OF INTERNET MYSPACE REFERENCES ATTRIBUTABLE TO THE DEFENDANT AS “DIARY OF DAYS”

and

ARGUMENT REGARDING MOTION IN LIMINE TO PROHIBIT THE USE, IN ANY FASHION, OF A POSTING ON THE INTERNET MYSPACE REFERENCES ATTRIBUTABLE TO CINDY ANTHONY, THE MOTHER OF THE DEFENDANT

I lumped these two motions together because they are similar, in my opinion. Casey wrote a passage in her Myspace page on July 7 that the defense attributes to a song written by Hayden Christianson. To be quite frank, I am of a completely different generation than Casey. As much disco/punk/goth/mosh/hip hop/etc., etc. styles that have passed by me through the years, and my own changes in music appreciation and lack thereof, I can’t make a call on it. Is it from a song? Is it from a poem? Did Casey make it up? Does it mean anything? I don’t know, and that’s where the wisdom of a judge takes control. Allow it and let the two sides battle it out if it’s all that important. The same thing is true with Cindy’s entry in her Myspace account. After not seeing her granddaughter for several weeks, she asked Lee to help her post an important message to Casey. As to the meaning of the posting, the state will not attempt to argue that Cindy knew her grandchild was dead. Cindy was desperately seeking Caylee and her daughter kept them apart. Casey ignored her mother’s pleas and this will show the relationship that existed between the two. There wasn’t much of one.

Well, there you have it. My thoughts on some of the motions that will determine the make-up of the impending trial. In order for the defense to mount a strong case, it will have to overcome the almost insurmountable evidence, albeit circumstantial, against their client. As of today, this is a case the state can readily win. Do I blame the defense for filing any of these motions? Of course not, but even if it wins 3 or 4 of them, it’s still quite an uphill battle. No matter what, how Casey acted during the month her daughter was missing will be her biggest hurdle to overcome.

One final thought regarding the $583 sanction against Jose Baez - I talked to an attorney about it and he said that it’s not necessarily a bad thing. I know Judge Perry refused to consider another look at it today, but sometimes a lawyer will find that the fine is worth it when it comes down to how much time the defense can buy to keep important information out of the state’s hands. Was this the case here? I can’t say, but in the long run, will it really hurt Baez? After the trial is over, life goes on and he continues to represent clients. Vita perseverat.

Friday
Jan142011

A wealth of misconduct

Time and a Word by Yes

In the morning when you rise,
Do you open up your eyes, see what I see?
Do you see the same things ev’ry day?
Do you think of a way to start the day
Getting things in proportion?
Spread the news and help the world go ‘round.
Have you heard of a time that will help us get it together again?
Have you heard of the word that will stop us going wrong?
Well, the time is near and the word you’ll hear
When you get things in perspective.
Spread the news and help the word go round.

There’s a time and the time is now and it’s right for me,
It’s right for me, and the time is now.

- Jon Anderson & David Foster

To be quite honest, I had no idea my brain would smash into a brick wall, causing my writing skills to atrophy. My word! Or lack thereof.  To say my life was a bit topsy turvy the past two weeks is an understatement. Generally, when I sit down to write, I like to do it with nothing in my way. I like my mind free from clutter. My mind has been anything but that lately. Even today, I can’t sit still. Too many responsibilities. I anticipate this post will take hours to write - hours to focus, too. To give you an idea, here’s how I began my post last week before sickness and death took it all away:

When I arrived on the 23rd floor on Monday, a handful of people were milling about. Sure, there are always journalists waiting for the courtroom doors to open, but I’m more intrigued by the new faces I see each time I attend a hearing. Among them this time were two of the friendliest people I had the privilege to meet, Suzie Jane and Roger, who came all the way from the great home state of our 16th, 18th and 44th presidents, Illinois. We had a very nice chat before the doors opened for us to enter. They sat to my immediate right. We glanced around the room before the judge entered at 1:30 sharp. Meanwhile, I had time to boot up my old laptop computer and crack open my old-fashioned notebook - no, not the electronic kind - it’s a simple and powerless device consisting of two covers, front and back, with lined paper inside. The only thing digital about it is the hand-held digits, also known as fingers, I use to grasp the necessary recording utensil that must accompany the notebook in order to work; a pen.

Suzie Jane quietly wondered where Cindy and her friend were. I whispered back that she is sometimes late, but she should definitely show up.

When…

And that’s where it ended. My father was in the hospital, my mother got quite ill with a bad flu virus, and my aunt passed away. I had a medical procedure done and I’m a little sore from that. Can I pick up where I left off? I guess so, but what’s the point? The motions are old and somewhat stale now, old in the sense that they’ve been discussed in the news and on blogs. Instead, I’ll look into another brewing storm, unrelated to the Anthony case, or maybe it is. I guess it depends on the way the cards are falling. You’ll see.

§

In May of last year, I published a post about James Hataway, the young man sitting in the Seminole County Jail accused of strangling a woman. Fortunately, she lived. Hataway is also the prime and only suspect in the disappearance of Tracy Ocasio. They left a west side bar together on the night of May 26-27, 2009, and she was never seen again. I mentioned that I knew who he was because of a bar I used to frequent way back when, before I gave up my Bacardi & Coke days. Nights, actually. I never was one for drinking during the day. By golly, I have my scruples.

Daniel SaylorMcGuintty’s has been closed at least three years now, possibly four. He and several other skinhead types used to hang out there but I never socialized with them. No, my skinhead came naturally, and I never looked at myself as any sort of tough-guy punk like they did. One night, I was standing at the bar chatting with some of the other regulars. It was a slow night. Sitting nearby was a guy who eventually joined in on our conversation. I don’t recall what we were discussing, but we really seemed to hit it off. It turns out, he was the police chief of Windermere, a small town southwest of Orlando. He even showed me his gold-plated badge. I wondered why he would have been drinking so far away from where he worked, but he told me he didn’t live in Windermere. He commuted from Seminole County, where I live. Windermere is the wealthiest little town in central Florida, or, at least its residents are. You may remember the town because Chief Daniel Saylor’s police department initially investigated Tiger Woods’ accident. The department was criticized for not asking Woods to take a breath test when he was pulled from his wrecked SUV. Florida Highway Patrol eventually took over the case because all vehicular accidents are run through that agency. Tiger was later cited for careless driving.

I used to travel to Windermere all the time. That’s where one of my ex’s mother lives - inside Isleworth, the exclusive gated community where the mishap took place. The reason why I brought this up has nothing to do with Tiger, but it does have to do with police chief Dan Saylor, or should I say ex-police chief? You see, he was arrested on Wednesday and charged with giving unlawful compensation for official behavior, a second-degree felony, and official misconduct, a third-degree felony. I haven’t traveled there in years, but the town of Windermere had a reputation for writing tickets for going 1 mph over the posted 25 mph speed limit. It’s not a joke that the town hired hand-me-down cops, too. The word on the street has pretty much been that officers sworn to uphold the law had problems doing it elsewhere. Some were fired from prior positions, in other words. As it turns out, the police chief held no sterling record, either. According to the WESH Web siterecords “show reprimands from the Melbourne Police Department dating back to 1991. He was suspended for lying to Melbourne police supervisors in 1994. The next year, he was given an unsatisfactory review for professional behavior. Then, three months later, he was suspended for 160 hours without pay and put on probation for a year for not being truthful during an internal investigation. Higher-ups noted that they considered firing him but gave him ‘one last chance.; During that one year suspension, Orlando police accused Saylor of soliciting a prostitute. Police pulled him over on Parramore Avenue. According to the incident report: Saylor first claimed to be giving the woman a ride, then admitted he had been at a strip club and employees told him where he could go to pay for sex. Windermere’s town manager, Cecilia Bernier, says the town knew about the investigation but decided Saylor was ‘good material for our chief.’ No charges were ever filed in the prostitution case.”

Scott BushIt’s very interesting, too, that the Florida Department of Law Enforcement and the Orange County Sheriff’s Office had an ongoing investigation into him and the police department he ran. Just what were those charges related to? I mean, what do unlawful compensation for official behavior and official misconduct mean? Here’s where it starts to get ugly, and I mean UGLY! He’s good friends with a guy by the name of Scott Frederick Bush. Bush was arrested on Wednesday, too, and held without bond, charged with sexual battery and lewd and lascivious molestation of a child under 12 years of age. This took place over a three year period, between 2000 and 2003. Here, we have a police chief allegedly granting several of his own officers time-off with pay and other incentives to stonewall the criminal investigation of an alleged sexual deviant who raped a child. Officer Irving Murr was handling the case. He was offered money, a promotion and a day shift to cover it up. According to Saylor’s arrest warrant, he destroyed notes related to the investigation and offered bribes to lie to FDLE. The FDLE special agent in charge, Joyce Dawley, said, “Chief Saylor used his position to hinder our investigation.”

Saylor was suspended from his job without pay and released on bond Thursday, but with one stipulation: He had to agree to turn all of his personal weapons over to authorities. The locks on the doors of the police station were changed and an OCSO captain was named the interim chief. More heads are expected to roll. Meanwhile, Saylor’s career is ruined, and rightfully so if he’s actually guilty. One thing cops can’t stand is a crooked cop. It gives them all a bad name. What’s worse is the fact that he shut down the investigation into his friend who is now charged with raping a child. Of all crimes, who in their right mind would do something like that, let alone a police chief or anyone else related to law enforcement, for that matter? It’s disgusting. Child molesters are the lowest of the low.

Bear with me for a moment, please. I’m veering off course. Do we recall the time, early on, when a lot of people had gut feelings that George and Cindy knew what Casey was up to? Why didn’t they act before it was too late? How could they not see what their daughter was capable of doing? Remember, I’m not talking about after the fact, this is before the crime. Today, the Tuscon murderer’s parents could be compared to George and Cindy in the same light. How could the parents of Jared Lee Loughner not know? Again, I’m not talking about after the fact. How many people never see something coming? Especially parents? In George and Cindy’s case, Mark Nejame was their first attorney. Then, he got fed up, left, and was practically deified. He could do no harm. Next came Brad Conway. Today, it’s Mark Lippman, and he seems to be keeping the family in check. After Conway dumped George and Cindy, his reputation in the public went up a few notches. In the case of the Windermere police department, it’s quite evident the political powers in charge are now in the same boat as George and Cindy. Why didn’t they see what was going on? Town leaders knew when they interviewed Saylor that he came with lots of baggage, yet they hired him anyway. That was back in 2002.

Remember, everyone is entitled to legal counsel, and that includes Casey. Who would ever want to come to her defense and why would anyone want to, for that matter? These have been some of the recurring questions made by many, and Jose Baez and the rest of her defense team have been vilified over and over and over because of it. They are evil incarnate! Yesterday, Daniel Saylor’s attorney was able to secure bond. What attorney in their right mind would be interested in defending an alleged crooked cop who squashed an investigation into the rape of a child? That’s downright disgusting, right? Well, his attorney downplayed the state’s case against his new client and urged the public to remember Saylor has only been accused - not convicted - of crimes. Sure, we’ve heard it all before. At the bond hearing, this attorney told the judge that Saylor should be released because he didn’t belong in jail. “He should be released and he should not be here. This is a travesty that’s occurred and continues to occur.”

Who is this attorney? Just who would want to represent a police chief that used his power to cover up a rape investigation against a friend? Who would it be? Why, none other than everyone’s favorite, Mark Nejame!

§

I want to thank everyone who stood by me during my family’s recent setbacks. I got some lovely, caring comments. Also, I received quite a few e-mails and submissions through this blog. I have not forgotten you, I just haven’t had much time to respond. I will. As the dust settles, I will get back into writing about the Casey Anthony case, too. There’s plenty to discuss, including lots of motions and the sanction against Jose Baez. I had a good conversation with a very nice gentleman at the last hearing. I want to say hello to Jim Barthiaume who was visiting from Michigan. It was a pleasure meeting you. Today, I will not be traveling down to the courthouse.

Thank you for your patience.

Monday
Jan032011

Big Day in O'do

The Trial of the Century?

January 2011 marks the official countdown to Casey’s May trial, which will absolutely be the trial of the year, if not the decade or century. Century, I guess, because it’s still very young, and unless another one comes along with all the trappings of OJ, it may retain that ignoble title.

It should prove to be a pretty heavy hearing in the courtroom today. The defense wants Judge Perry to hear 22 motions, but the judge has the final word. Will all 22 be heard? I seriously doubt it. In any event, I plan on attending. I will bring something to eat, just in case my sugar drops. I might try to sneak my spare laptop in. If I do, I will be able to comment on this post directly from the courtroom. Call it an interactive experiment.

By the way, O’do is a slang term for what city? Yup, you got it.

Feel free to comment here about what transpires. If I can answer questions online, I will do my best, but remember, I will be taking lots of notes, so don’t feel snubbed if I don’t get back to you right away. You should be somewhat used to that by now, what with all my family’s health issues and all.

Also, please visit Snoopy’s blog post about today…

Will it be a Catch 22?

 

Saturday
Jan012011

'twill be a very good year

 

Monday Monday

The defense filed a NOTICE OF HEARING on Thursday of last year. The judge’s hearing (the man in charge) is set to begin on Monday at 1:30 PM and it is going to be a long one. Twenty-Two motions are on the wish list in Courtroom 23A. How many will actually be heard is anyone’s guess:

  1. Motion to Restrict Telephoto Courtroom Photography and Audio Eavesdropping of Defense
  2. Motion to Compel Judicial Administrative Commission to Pay for Transcripts of Oak Ridge National Laboratory Depositions
  3. Request Court Determine Bad Prior Acts of Mr. Kronk based on Motion Papers filed
  4. Motion in Limine - Sexual Interrogation of Lazzaro
  5. Motion in Limine - Sexual Interrogation of Rusciano
  6. Motion in Limine - Speculation of Defendant Knowledge by Texas EquuSearch
  7. Motion in Limine - Neighbor and Shovel
  8. Motion in Limine - Table Knife
  9. Motion in Limine - Character of Stealing and Lying
  10. Motion in Limine - Tattoo
  11. Motion to Suppress - Jail Interview of Defendant by “Agents”
  12. Motion in Limine - Jail Video of Announcement
  13. Motion in Limine - Jib Jab Cartoon
  14. Motion in Limine - Defendant Myspace “Diary of Days”
  15. Motion in Limine - Cindy Anthony Myspace
  16. Motion in Limine - Decomposition Chemical (Frye)
  17. Motion in Limine - Chloroform (Frye)
  18. Motion to Exclude - Root Growth (Frye)
  19. Motion for Subpoena Duces Tecum RE: Joe Jordan
  20. Motion to Exclude - Post Mortem Banding
  21. Motion to Exclude - Stain in Trunk of Car
  22. Motion in Limine to Exclude K-9 Alerts

In the MOTION FOR APPLICATION FOR SUBPOENA DUCES TECUM, the defense has targeted Joseph S. Jordan. A subpoena duces tecum is a court summons ordering a named party to appear before the court and produce documents or other tangible evidence for use at a hearing or a trial.¹ It is true, as the motion states, that “the defense is charged with the responsibility of investigating their case in an effort to search for the truth.” Snicker if you must, but in every trial, civil and criminal, both sides will insist they are telling the truth and, invariably, it is up to the court to decide.

Early last month, the defense deposed Joe. He testified that he was an active blogger on the Internet, and that he frequented the Websleuths and Scared Monkey forums that discuss various issues of the Casey/Caylee Anthony case The defense alleges that Jordan published photographs on both sites and on his now defunct personal Web site, josephsjordan.com. The motion further states that, “Some of the photographs illustrated areas searched that were near or on Suburban Drive.” The defense states that the “photographs are material to the preparation of the defense in this cause.”

Joe Jordan is listed as a Category A witness for the state. Both sides consider him to be crucial to the case. The problem the defense has at the moment is simple; Jordan published his images on Internet forums. The images have since been removed. Since they were made public by Jordan and not the state, they are not subject to discovery under Florida Rules of Criminal Procedure, 3.220 [See page 98/197]. The defense wants those pictures. Why? Do they show dry land?

Alleged photos by Joseph S. Jordan

CELL PHONE IN BAG?

HAPPY NEW YEAR, EVERYONE!

It should prove to be a great one.

Thursday
Dec232010

Important Notice to ALL Readers

THIS IS A WARNING!

Sick-minded people never take a holiday.

There are anonymous Web sites out there in the wild, wild, Internet that allow people to send phony e-mails that look like they come from someone else. This is a typical ploy for narcissists like wordslinger. What these sordid types do is simple. They can type the name of a sender, ANY SENDER, so it could be Snoopy, me or anyone else. They then send it to whoever they want. When that person sees it, and it appears to be from one of us, they open it. 

I can’t stop you from opening your e-mail, but just be careful. They have already sent me vulgar messages from myself. How stupid. They’re doing the same thing to Snoopy. This is another one of their disgraceful tactics. 

I will refrain from sending anyone e-mails until I feel it is safe. Until then, you can e-mail me through the very safe and secure Squarespace submission form located at the lower left sidebar.

Thank you, and be careful.

Tuesday
Dec212010

Hark the Judge Reserves a Ruling

Yesterday, a hearing was held in courtroom 19D, four flights down from the main attraction on the 23rd floor. That courtroom is undergoing renovations at the moment. 19D is familiar because that’s where Judge Strickland held many of the hearings while bench pressing Casey Anthony and her many motions, too many to repeat here. What’s interesting to note is that he did the bulk of the work, meaning that he heard and ruled on the majority of motions filed in this case so far, # 2008-CF-015606-A-O.

I generally leave about an hour-and-a-half before the hearings are slated to start. That affords me plenty of time to arrive and relax or mingle with others for awhile, where we can discuss what we expect to hear in the courtroom. I’m certainly glad I left early yesterday because I usually drive down 17-92, Orlando Avenue, and hang a right onto Orange in Winter Park that takes me right in front of the courthouse. As bad as the economy is right now, you never would have known it by the heavy amount of traffic I had to deal with. Either people are wasting $3.00 gallons of gas driving around, or they are doing some serious Christmas shopping, which tells me it’s not as bad out there as we are led to believe. My less than half-hour trek took forty-five minutes, but I did arrive early enough to talk to a couple of deputies and to go to the 23rd floor to take a look around and sneak a picture in. Please don’t tell the court I did that.

Click to HERE enlarge

I ran into Attorney Ann Finnell before going down the elevator, and let me tell you, she is one fine lady. We had a nice chat about traffic and her drive from Jacksonville, which was very similar to my story. Lots of cars everywhere. That leads me to a wonderful person who traveled from the frigid north to spend Christmas on the west coast of Florida. I’m reminded of the old saying that caught me off guard when I first moved here in ‘81 - SOLD COAST-TO-COAST, only it really meant from Cocoa Beach to Tampa, or something like that. Growing up in New Jersey, coast-to-coast meant NY to LA. I was very pleasantly surprised when she walked up to me. I’d tell you who she was, but there are nasty, nasty trolls out there. Needless to say, it was a wonderful experience and I’m extremely happy to have met her.

On the 19th floor, a gentleman called me over to introduce himself. I’d like to share his name, too, but he doesn’t need the riff raff, either. Although he doesn’t always agree with me, he said I’m an excellent writer and to keep it up. He said that he’s more of a Hinky-Blinky guy and I said that’s great. Everyone is entitled to an opinion and who they like to read. The mere fact that he enjoys my writing is plenty enough for me. He then called his wife over and introduced me. It was a nice encounter.

We entered the courtroom and Chief Judge Belvin Perry made an entrance right around 1:30. Before the hearing started, my friend, who drove to the courthouse from the west coast, mentioned that the judge was late at the last hearing. I told her it was because Casey was late. A judge never starts without the defendant. After Judge Perry took his seat on the bench, he asked to hear the first motion dealing with sealing the penalty phase witnesses. As Ann Finnell walked up to the podium, I took a quick head count. Absent from the courtroom were Cheney Mason, Linda Drane Burdick, and Frank George. She opened by asking the court to temporarily stay access to the list of penalty phase witnesses. “Judge? We are simply asking, in this case, that penalty phase discovery… that the public be temporarily denied access until the issue of the penalty phase becomes a right, which would be after a jury has determined Miss Anthony’s guilt… or not guilty of first-degree murder.”

She said that there’s no constitutional right to pretrial publicity, especially if it would deny the defendant’s right to an impartial jury. She noted that the court had already agreed to a jury coming from a different county due to the immense publicity. To back up her motion, she emphasized that only the witnesses expected at trial were mentioned in public, and to “out” potential penalty phase witnesses would prejudice the jury. It is the trial judge’s duty to minimize publicity. The bottom line is, she asked the court to deny penalty phase discovery until after the jury decides whether Casey is guilty or not. Plain and simple.

I understand the request because it could be legally argued that it’s like putting the cart before the horse. In the 1966 case that overturned Dr. Samuel H. Sheppard’s 1954 murder conviction, the U.S. Supreme Court noted that his trial generated so much publicity, it was a veritable media circus. Set in Cleveland, the jurors were exposed to intense coverage until they began deliberations. Found guilty, he spent ten years in prison before the court ruled that the publicity deprived him of his right to a fair trial. Sheppard v. Maxwell, 384 U.S. 333, 86 S. Ct. 1507, 16 L. Ed. 2d 600 (1966). He was acquitted at his second trial.

Ms. Finnell brought up a 1988 ruling. Finally, a case study! In that case, Florida Freedom Newspapers, Inc. v. McCrarywas ruled in favor of the defense by the Florida Supreme Court. The separation of powers within the legislature and the judiciary’s responsibility of providing a fair trial allow the court to, on occasion, step around the laws of the legislature in order to ensure a defendant’s constitutional rights and freedoms. Florida Statute 119.07(4) grants the court the right to close a part of a court file. She told the judge that this case was a fly speck compared to the national exposure the Anthony case has garnered.

Nine minutes into the hearing, she was finished and the judge asked if there was a response from the state. Assistant State Attorney Jeff Ashton said no, so Rachel Fugate arose and walked to the podium. Ms. Fugate, who represents the Orlando Sentinel and, by default, all of media, acknowledged that there could be prejudice, but the defense must demonstrate it to the court first. She cited the McCrary case as the standard which gives the court the right to temporarily seal the penalty phase witnesses, but she emphasized that a prejudice must be shown to the court.

While explaining her side, defense attorney Jose Baez stood and apologized to counsel (Fugate) for breaking in. “I would ask that the court instruct the photographer in the room to not photograph my client as she’s passing notes…”

The judge was right there and on the spot. “Mr. Baez, one counsel has the floor… She needs to object and not you…”

Ann Finnell then stood and objected.

“Well,” the judge added, “unfortunately, the objection will be noted and overruled.” Rachel Fugate continued. She felt that the release of the names of the penalty phase witnesses would not jeopardize Casey’s fair trial rights or taint jurors coming in from another county. It would not frighten potential witnesses from testifying because of all the public exposure.

Ann was allowed to counter, and she said when the media chases after counsel, down the sidewalk, for 3 minutes worth of sound bites, imagine what they will do to potential witnesses. She said the press doesn’t have the same interests as the SAO. She made a valid point.

Ultimately, the judge decided that he was going to take his time before making a decision. “The court will reserve a ruling on the motion.”

At the tail end of the hearing, Jose, Ann and Jeff approached the bench for a sidebar at the judge’s request. A gentleman sitting behind me tried to take a picture with his cell phone. That’s a no no and a deputy told him so. As the attorneys went back to their seats, the judge said he was changing the next status hearing from January 10th to the 14th since he has an out-of-town Innocence Commission meeting.  He asked Jose if he had abandoned addressing the situation with Roy Kronk and the admission of prior bad acts. Jose said he had until December 31 and the judge reminded him that he will not be near the courthouse next week. It could be heard on the 23rd. He also said he will be presiding over a murder trial the week of the third, so any issues would have to be worked out after 5:00 PM.

Jeff Ashton brought up issues over depositions of defense experts in January, particularly Dr. Henry Lee.

“Maybe Dr. Lee is not planning on testifying. There was some suggestion in his email that he might not, depending on the resolution of this issue,” Ashton said.

Apparently, costs of travel are what’s holding up Dr. Lee. The prosecutor said that he might not be testifying depending on the resolution of this issue. The defense attorney said that he would settle it by the end of the day.

“Mr. Baez, if you get me that, and whatever you need to do to get that cleared up, let’s get it to me. OK, we’ll be in recess.”

I left the courthouse with my newfound friend; new only because we had never met. We said our good byes and as I walked away, I ran into the gentleman with the cell phone. I told him that other than the video cameras, only Red Huber from the Sentinel has exclusive rights to still photography in the courtroom. Me? I can take pictures and I took some as I walked out. Plus the one inside.

§

Before the hearing began, I was discussing how the judge might rule with Mike DeForest from WKMG. He felt the judge would probably compromise and I agreed with his assessment. To me, one of the underlying factors in the case, and it reaches its claws all over the United States and in other parts of the world, is the insurmountable prejudice that does already exist. For example, I talked to Jim Lichtenstein after the hearing. On the elevator up to the 19th floor, someone (who shall remain nameless) asked him if he intended to continue making money off a dead child. This is what we face out there in the real world. Jim is a consummate gentleman and I know for a fact that he befriended George and Cindy from Day 1. He’s been there ever since. Regardless of what anyone thinks of George and Cindy, should outsiders make decisions for him over who he can associate with or not? His interest is not about money, but there’s no denying the media must be able to cover this case or you, the public, would have no access to any information whatsoever. You can’t have it both ways. He works in the media industry. The media people pay for information from the court, including TV rights in the courtroom. They, in turn, make tons of money off advertising revenues. ALL OF THE MEDIA, I might add, including the ones who ask the tough questions. That’s the nature of the business - ALL BUSINESSES. So what if one reporter is more aggressive than another? The bottom line is ratings because that’s what pays the bills.

He also mentioned something about where he sits. The person who accosted him in the elevator addressed the issue over where he sits in the courtroom. I went through the same thing. You sit where you want and it has no bearing whatsoever over which side we agree with. I told him I sit on the side of the cameras because it ticks off the password stealing trolls who broke into my e-mail accounts and a password protected page on my old WordPress blog, where up until then, it was a secure place to comment . Since they continue to try to make my life a living hell, they are going to have to put up with my face in the courtroom. I will try to be as up close and personal as I possibly can; absolutely more so from now on and its got nothing to do with fame. It’s all about the trolls who broke the law. Fa law law law law law law law law.

Friday
Dec172010

Fly Robyn Fly, Lie Casey Lie

No Pie in the Sky

“One of the biggest things that truly cuts me when I hear them talk about me as a mother – I was a great mom! And I love my daughter with everything that I have. I would give my life to have her back even for five minutes.”

- Casey Anthony, in a letter to Robyn Adams

Today’s discovery release includes letters Casey wrote to fellow inmate Robyn Adams, who was later transferred to a federal penitentiary. She was convicted of selling drugs. In one of the letters, Casey told Robyn about paternity tests that were taken to determine who Caylee’s father was. Jesse Grund took a test and he was ruled out. She never reveals who she thinks fathered her child. She also said she miscarried in 2007 and told her brother, Lee, about it. He told Cindy about the miscarriage on Casey’s 21st birthday.

Jail Letters

Transcripts and LE documents

Casey repeats over her version of what happened to her daughter - that she left Caylee with a nanny named Zenaida Fernandez-Gonzalez and - POOF! - she and Zanny were gone, never to be seen again. Of course, law enforcement debunked that story.

She also wrote about having periodic seizures while in jail.

Most of the letters were published months ago, and their content was already discussed, but it doesn’t hurt to refresh what we learned then.

In her conversations with investigators, Adams claimed that Casey made two references to the nanny. One was that there was no Zenaida, and the other one claimed that she and Zenaida were childhood friends. I must make clear that jailhouse snitches are not credible, so this will probably never see a courtroom. Adams told authorities that Casey gave her daughter “stuff” to make her sleep. They discussed chloroform, and Casey said she would give Caylee “antihistamines or something” because she had problems getting her to take naps.

Casey said she asked Zanny to watch Caylee so she could prepare to move out of the Anthony home completely. She had saved up money. “Unfortunately, my plans got beyond tangled when Zanny wouldn’t tell me where she and Caylee were.”

She claimed she was an emotional wreck and was sexually abused by her brother. “I woke up night after night with my sports bra lifted over my chest or if I had a regular bra, it would be unhooked.” Lee would walk into her room at night and feel her breasts.

“When I told my mom about it two years ago, she made excuses, saying that he was sleepwalking. Not only did she say I was lying, but when I explained everything, her reaction was literally like a knife in my chest: ‘So that’s why you’re a whore?’”

It’s interesting to note that Casey also claimed she thought her father did the same thing when she was much older and that she sought help from a doctor when she was 18. It’s also interesting to note that no doctor (that we know of) has stepped forward to back her accusations.

Liz Brown works for the DePaul Center for Justice in Capital Cases. She was listed as the contact for the defense team after Andrea Lyon left. Yes, the center still fights the death penalty. She issued a statement that said the letters “reflect the natural desire for companionship when isolated for 23 hours a day, and clearly demonstrate Casey’s unconditional love for her daughter, Caylee. Despite these intentions, it is obvious in the letters authored by Robyn Adams that her sole purpose and only goal in corresponding with Casey Anthony was to create ‘leverage to get out of prison early.’ Furthermore, despite numerous inaccurate media reports, the letters written by Casey Anthony do not contain a single reference to chloroform or any admissions of guilt. Casey Anthony maintains her innocence and looks forward to her day in court.”

 

Pictured above are River Cruz (Krystal Holloway) and George Anthony. River claimed that she and George became intimate after Caylee disappeared. George emphatically denied that. She said her cell phone showed images and text messages that backed up her contention of an affair. She said that George told her that the death of his granddaughter was “an accident that snowballed out of control.”

At the time, Brad Conway was the family attorney and he stated the affair never took place.

Today’s discovery contains photos, text messages and contact information that OCSO took from a Samsung phone in March of this year. Whose phone was it? You can guess, but the above photo was taken from it, and one of the text messages listed in the “Contacts” was George saying on December 19, 2008, that he was, “Just thinking about you! I need you in my life.”

Linda Drane Burdick audio interview with Joe Jordan

Yuri Melich voicemail from Maya Derkovic

Deputy Whitmore audio interview

LE audio interview with Lori Cree

(Transcript of Lori Cree interview)

LE audio interview with Maya Derkovic

I will continue updating and adding links as they are released.

Thursday
Dec162010

'Tis the Season to Give

… How about a Doc-Dump Tomorrow?

While the defense team handed the prosecution more than 300 pages of information, including the RESPONSE TO STATE’S MOTION FOR CLARIFICATION OF EXPERT WITNESSES, news circulated today that the prosecution is planning on reciprocating. In the defense team’s response, they met Chief Judge Belvin Perry’s deadline to turn over the comprehensive list of their experts, which includes a lot more detail than the first list, whether they intend to testify at trial or not. That hinges on who the state intends to call.

In the spirit of the holiday season, you know, ‘tis the season and all, the prosecution is planning on releasing documents to the public tomorrow, including more jail letters and videotaped interviews with law enforcement personnel. I will do my best to keep you informed.

Here’s a timely quote from Martin Luther King, Jr., especially on some of the blogs and certainly as we enter the holiday season:

Have we not come to such an impasse in the modern world that we must love our enemies - or else? The chain reaction of evil - hate begetting hate, wars producing more wars - must be broken, or else we shall be plunged into the dark abyss of annihilation.”

Saturday
Dec112010

Two Years Later

I shot a new video of the site where Caylee was discovered on December 11, 2008. It’s hard to believe it was two years ago. I really wanted to get this published earlier, but it takes time to edit and upload to YouTube. I hope it’s worth the wait.

Saturday
Dec112010

Friday Happy Hour with the Bar

“I, quite frankly, don’t know why we’re here.”

- Jose Baez

When Judge Perry asked Jeff Ashton to hear his motion, the prosecutor stood and thanked the judge for accommodating him at such a late hour. Yes, a 5:oo pm hearing on a Friday afternoon is an unusual time, but the judge has made it clear on numerous occasions that he would have no trouble taking the bull by the horns if the two sides were to fall into any sort of quagmire. They did, and yesterday, those horns were tamed a bit. It took less than 20 minutes to render a rather terse and quite succinct decision that was pointed at both sides.

I understand why the state filed the MOTION FOR CLARIFICATION/TO COMPEL COMPLIANCE WITH ORDER FOR ADDITIONAL DISCOVERY. To read the back-and-forth between Ashton and Baez was, at times, comical, but upon further study, it became clear to me that the prosecutor was losing his temper. The defense, it seems, had offered a menu, but never served the meal.

There were two main points in the motion Ashton filed:

  1. In its ruling, in response to the State’s Motion to Compel Additional Discovery, the court ordered the defendant to provide, as to its listed expert witnesses, “the subject matter of what they will be testifying to.”
  2. In response to that order the State received an email at 10:47 this date [ Dec. 1] from defense counsel Jose Baez purporting to comply with the aforementioned order.

With the judge’s initial order, the state wanted more than what the defense offered up to that point. Ashton expected, at least, “a brief summary of what would have been contained in a report had one been prepared, not a recitation of facts easily gleaned from a quick Internet search.”

That’s true. Anyone could have searched the Internet. What the defense offered could easily be summed up by this simple and shallow sample:

Dr. Jane H. Bock (Botany: Reviewed Hall’s report and inspected the scene and will testify about BOTANY, PLEASE TELL ME YOU KNEW THIS) University of Colorado Ecology and Evolutionary Biology Dept. Boulder, Colorado 80309-0334

That’s not much of a report, but it is a brief summary if taken literally. Too brief, of course, so the judge dropped his hammer and ordered both sides to be more compliant.

“Since ya’ll can’t seem to agree and can’t seem to understand what I meant the last time. This is what I’m going to do… Where experts have not prepared reports of examinations or tests, both the state and the defense are required to provide the following:

the expert’s curriculum vitae, qualifications of experts,

the expert’s field of expertise or medical specialty,

a statement of the specific subjects upon which the expert will testify and offer opinions,

the substance of the facts to which the expert is expected to testify, and last but not least,

a summary of the expert’s opinion and grounds for each opinion …

All of this must be completed by 3:00 pm on December 23.”

Something tells me that the judge, out of the goodness of his heart, allowed both sides to vent. He could have issued an order from inside his chambers, but by calling a hearing on a Friday afternoon, as the courthouse prepared to shut down for the weekend, he fired a warning shot. There is no doubt in my mind that Ashton had every right to file the motion, but the timing of the hearing was a clear message that this judge won’t tolerate nitpicking from either side. If you feel the judge was pointing fingers at the defense in his ruling, you’d be wrong. Think about it. As with fighting children, a parent cannot single out one when they both are screaming at each other. In order to be fair, both children are warned because it takes two to fight. In his decision, the judge had to take into consideration the ramifications down the road. Would the defense team state prejudice as grounds for an appeal if Casey is ultimately convicted? The judge had to show balance. As poignant as he was, after the hearing was over, I asked Bill Sheaffer why the judge wasn’t more terse. Why didn’t he castigate the defense for not following through with his prior ruling? He responded by telling me that it’s not Judge Perry’s style. Yes, I had to agree, because even as succinct as the judge was, he offered wisdom over a lecture or a legal spanking. No doubt, he got his point across, loud and clear.

On another note, someone mentioned that Cindy was not wearing her wedding band. True, I saw it myself, but I don’t know what that is about, if anything at all. When she entered the courtroom with her friend, I immediately asked her if she wanted us to move. I was sitting next to Jacqueline Fell from CFNews13. She said, no, she would just slide over to the seats to our right. Her friend thanked me for standing to let them pass by me, as any gentleman would do. After the hearing was over, Cindy and the defense team did not want to talk to the media. Jeff Ashton offered this message: “Have a great weekend, everyone!”

As quickly as it started, it was over. After all, even judges enjoy their weekends.

Friday
Dec102010

This won't be a Friday Happy Hour

I spoke to a rather powerful attorney earlier today. This person told me that when a judge schedules a hearing for 4:00, 4:30. 5:00 or 6:00 on a Friday afternoon, of all dates and times, it means the judge is not particularly happy with something that’s going on. It’s written in stone and you can bank on it. I asked if this meant Casey’s defense, and I was told, no, this goes for both sides. The two sides should have been able to work things out without getting the court involved. Since the court must intervene, I would expect to hear some sort of reprimanding that will include both sides of the aisle. 

Friday afternoon at 5:00 pm should be a hideous wake up call. The judge is losing his patience. He’s already told everyone that if he needs to step in, they won’t appreciate the hours he sets. I mean, who wants to be in court after hours on a Friday afternoon? Right… No one, including the judge.

I will write about the experience. It should be interesting.

Wednesday
Dec012010

I Swear

I have done my best to head to the courthouse early so I don’t have to rush once I arrive. Sometimes, going through security can be very time-consuming. Fortunately, Monday wasn’t all that bad. I never have to park in the parking garage, either, and that generally saves me $6-10 per hearing; not much, but in this tight economy, every bit helps. Because of where I park, I walk by the television trucks with their high microwave towers extending from the roofs. It’s interesting because they are filled with very expensive electronic equipment. On most days, that’s where the reporters put their well choreographed on air segments together. That in itself is a real talent. The trucks are all parked in an area designed for them, in front of the courthouse, in a nook off Orange Avenue.

I ran into Mike DeForest from WKMG, the CBS affiliate. I hadn’t seen much of him since the judge debacle, so it was nice to chat for a few minutes before I decided it was time to head up to the 23rd floor. He’s a good guy. Off to the side was Jacqueline Fell, from Central Florida News 13. She’s a very nice person and very approachable. She was the first one to interview me months ago. As I briefly chatted with her, I noticed Ann Finnell walking by herself. She had an almost lost look on her face, so I walked up to her. I promised I would say hello from her cousin, who comments occasionally on my blog. Last time, I didn’t remember her name. This time, I did. She was looking for the rest of her team and I couldn’t help her there, but she did ask what floor the hearing was on. I said it’s always on the top floor. I asked her if she wanted me to show her, but she said she’d wait and see if they showed up. We parted.

It was one of those days where the line that winds through the lobby to get to security wasn’t as jam-packed as usual, but it was moving rather slowly. About five minutes into it, Ann walked in and stood at the back of the line, where I was already halfway through. I beckoned her to join me. After all, she had important work to attend to. I lifted the rope attached to the stanchions and let her through. No one complained to me about letting her skip through the line, but I would have handled it. She went through security before me. I have to remove my belt every time I go through, so while I had to put it back on, she politely waited for me to finish. Besides, she wasn’t quite sure where to go since she was in the courthouse only once before, at least for this particular case. I thanked her and we walked toward the elevators. I was mostly making small talk about my trip to Jacksonville and the proton accelerator at Shands Hospital, where my best friend, Stewart, recently underwent treatment for prostate cancer. All in all, it was a delightful encounter and I must say she is a very nice and refined lady; every bit of what I thought she would be. When we got to the courtroom doors, they were locked. I peeked through the crack between the doors and saw that Jose Baez was already in there. We knocked on one of the doors and she was let in. As she entered, she thanked me for my help.

“You’re very welcome. See you in there.” Only lawyers were let in at that time.

I always feel comfortable around the media people, and in particular, Bob Kealing. He has been one of my strongest supporters as a blogger and he’s a very personable guy. Bob has authored three books and won three Emmys for his work. I’ve always admired him for his professional appearance and reporting and, no doubt, he did a great job on the Neal Haskell piece he put together during his trip to Indiana. After we took our seats, Casey entered and we could hear the now familiar clink-clank of ankle chains. Within a minute or two, Cheney Mason nodded and called Bob up for a brief, very hushed, chat. When he returned to his seat, I quietly asked him if he had a good story. Yup. The courtroom hushed as the judge entered at precisely 12:58. Dang, known for being prompt and on time, I was disappointed he was early. This is two times in a row. His track record was slipping, I thought.

The first order of the day was the motion the state filed to compel discovery. The judge made it clear that he had to leave by 1:40 because of a trial he was presiding over in Courtroom 19-Delta. That’s a familiar courtroom - the one Judge Strickland used and the one that changed my blogging life forever.

The motion addressed six key points:

  1. Any contracts or agreements, in any manner or form, setting for the scope of work or expected compensation.
  2. Any communications between expert and any member of the defense team, either past or present, or any member of their staff, or any one working on behalf of the Defendant.
  3. All records of bills submitted by or payments made to the expert.
  4. All records pertaining to payments for travel, meals or entertainment paid to or for the benefit of the expert or anyone traveling with the expert, by any member of the defense team, either past or present, or any member of their staff, or any one working on behalf of the Defendant.
  5. Any notes taken by the expert or for the expert during, or referencing their examination of any evidence in this case.
  6. Any photograph or video taken by the expert in connection with this case.

These were rather interesting demands because it encompassed a lot more than mere work product, which is privileged information, it also covered the entire time prior to Judge Strickland’s ruling on Casey’s indigence status. Personally, I thought the state was asking for more than the judge was willing to give, and as Jeff Ashton finished addressing his points, the judge made asked for a response from Mr. Baez.

“There is nothing that entitles the state to this.” He said there was no wining and dining going on, so there’s nothing like that to turn over. Besides, he said, he had no reports from his experts, which I found unusual. He said it was burdensome and it doubled the work for experts. Also, a lot of the work was done pro bono.

As Jose Baez, Judge Perry and discussed all six points, the judge asked Ashton a specific question that signaled, at least to me, that he did not fully agree with the motion.

“What in that rule or in what case authority does it signal the proposition for your request on 1, 2, 3 and 4?” It was then I realized the state was only going to get 5 and 6. The way he explained it to the prosecution was pure Perry style. If you want the information, you can get it through depositions and/or subpoenas, not through this motion. As much as the judge is perceived as a prosecutor’s judge, he is very fair to both sides of the courtroom aisle. 1, 2, 3, and 4 were denied without prejudice. The defense would have to turn over notes taken by the experts, and all videos and photographs. Incidentally, yesterday was the deadline for the defense to give the state their list of experts, but the judge did give them a two-week extension.

Time was drawing nigh for the judge to set sail for another courtroom, but he soldiered on. He asked about the defense’s outstanding motion on Roy Kronk. Baez said he may withdraw it until a later date; closer to trial. The judge reminded him, in no uncertain terms, that once the deadline for motions comes and goes, he will not hear them. He asked Baez if all the state’s witnesses had been deposed. Baez said yes. He told the state that all depositions of defense experts must be done by February 28. On that same date, all motions related to forensic evidence must be in. Any non-forensic related motions must be filed by December 31.

Ann Finnell finally had a chance to speak. It didn’t last long. Some may think Judge Perry cut her short as a, sort of, way of snapping at her, but I didn’t interpret it that way. I may be wrong, but the judge had no more time to hang around, and he told her he wasn’t going to be available the week leading up to Christmas, although a tentative date to hear her motion was discussed and the 20th and 21st were tossed about. December 20 was the agreed on date, at 1:30 PM. The week of Christmas. He also reminded her that attorneys for the media would object to her motion

Cheney Mason quickly stood up and told the court that the JAC is having issues over payment and he has a motion ready to file. Judge Perry said if it’s not resolved, he will gladly take care of it.

While we thought the hearing was over, it wasn’t. Jose asked for a sidebar. The judge complied and both camps stepped up to the bench. Whatever transpired, we weren’t privy to, of course, but it was very interesting to everyone when the judge raised his right hand and began to give some sort of oath to a young gentleman who was in the mix. It was also during this time that a legal assistant had Casey laughing. To be honest, I didn’t see it. Casey was directly in front of me, so I have no idea what it was all about.

Diana Tennis, Dominic Casey’s attorney, sat in the row in front of Bob, Jim Lichtenstein, Mike DeForest and myself, directly to the right of Cindy Anthony and her friend.  She surmised that it was the swearing-in of a new attorney. Some balked at that suggestion, but she was right. While no one knew who he was, I approached him after the hearing ended. William Slabaugh told me it was awfully nice of the attorneys to permit  Judge Belvin Perry, Jr. to swear him in as Orlando’s newest lawyer. It was an honor and a privilege. I congratulated him and wished him all the best. This is something he will forever remember, because a simple notary public could have done the same thing. I’m sure the judge enjoyed the moment tremendously, but back to the matter at hand…

The final thing the judge brought up was the reminder that the defense must give the state the list of new TES witnesses by January 31, so they can be deposed by March 30. With that, the hearing ended and I had my agenda in mind to find out who that new gentleman was. At the same time, I had something I wanted to say to Jose. Meanwhile, Cheney and Bob picked up their discussion where they left off. What Jose and I discussed was between us, but what appeared to be an embrace to some was far from that. Attorneys are used to talking up close and personal to keep inquisitive ears from eavesdropping.

When Jeff Ashton was walking out of the courtroom, I asked him if Judge Perry had addressed the John Huggins¹² case. Had he rendered a decision? If so, it passed me on by. No, he said and we walked to the elevators. Riding down to the first floor, he was asked about the decision on parts 1, 2, 3, and 4 of the motion. Would he refile? He said the judge did rule “without prejudice” on those key points and that leaves the door open.

As we left the courthouse, I thought to myself, the hearing didn’t get over until almost one o’clock. Oh me, oh my, Judge Perry was going to be late to his trial. Perhaps that’s why he asked for a deputy to approach the bench; to alert the deputies in 19-Delta.

Saturday
Nov272010

...To Judge Perry's Court We Go

Dance of the Sugar Plum Fairy by Aiobhan

In the United States, this past week was one of giving thanks to God, ourselves, others, and/or all of the above, for our many bountiful blessings - no matter how bleak the economy has been and might be in the future. As Thanksgiving fades and sugar plum fairies begin their month-long magical dance, the week ahead may very well be a time for the state and defense to give thanks for what they are about to receive in the courtroom. Or not.

Three motions were filed between November 18 and the end of this past week; one by the state and two by the defense. In the final motion, Casey’s attorneys have seemingly abandoned their two-step strategy that Texas EquuSearch volunteers Laura Buchanan and Joe Jordan searched the precise spot where Caylee’s remains were discovered. It seems they tiptoed to a different tune in the company of detectives and prosecutors bearing gifts recently, most likely time away from home, if you get my drift. After being deposed by the state, Buchanan’s attorney, Bernard Cassidy said, “I believe she signed an affidavit that she searched the area where the body was found. Somebody may have suggested where the body was found, but she has never been to that area to see precisely where the body was.” Cough, cough. Ahem.

Brandon Sparks seems to have changed his story, too, about Roy Kronk, his one time stepfather’s alleged “prior bad acts.” In lieu of any familiar faces to turn to for help, the defense is asking the court for state money to hire an expert who specializes in bones and fossilized remains. If something new could be determined by another reputable forensic anthropologist/osteologist, it might help debunk the state’s expert. Do I think it will do any good? I don’t know, but this defense needs all the help it can get. Will Judge Perry grant this motion? I don’t see why not, but he will, more than likely, wait until he hears what the JAC has to say about it.

§

The first motion filed on the 18th was from the state. Signed by Jeff Ashton, it’s a State Motion to Compel Evidence and it’s based on the Florida Rules of Criminal Procedure, 3.220 (d) and (f).

In a nutshell, the state wants to know where the taxpayers’ money went. It wants to review every contract and agreement the defense has made to date. This includes communications between the defense, its entire staff and all of its experts; any notes taken by or for the experts referencing their examination of evidence, and all photos and videos. The state is also asking for all records pertaining to meals, travel expenses, lodging and entertainment. It’s demanding a reckoning of every penny the defense has spent and, gasp, that’s a tough one.

As much as the state is asking, the motion made it clear that it doesn’t expect the judge to give away the farm. Privileged information is going to be involved, so it requests that the court examine many of the documents in camera - privately, in other words - with the defense, and to redact whatever it sees fit. Redaction means to go over everything with a fine-toothed comb in order to find things not suitable for the other side or the public. Of course, the state would love to know the defense’s strategy in order to launch a strong counterattack, but that’s not fair, nor is it proper, and both parties are aware of it. The state definitely has the upper hand on this one because it has flooded the defense with so much evidence, some important, some not, but because there’s so much of it, it’s overwhelming. Consequently, the defense has had to sort through a slew of documents in order to discern what the state will use at trial. This is a common strategy, and by filing this motion, the state has caught the defense relatively flat-footed. It will most likely have to fork over all sorts of information and that takes time and money away from defending a client. It’s a distraction, but a very legal ploy. WFTV reported that it had read 322 pages of financial documents on Thanksgiving day, so some of it is already public knowledge.

One of the key points of 3.220 (d) is that, “any tangible papers or objects that the defendant intends to use in the hearing or trial” needs to be turned over. What’s interesting is that the state does not have to turn over any internal notes; those made by investigators in the course of their work. I would assume the same would hold true for the defense, and any attorney worth their weight in salt would know how to distinguish between what is and what isn’t privileged, and would know how to hide documents accordingly. All legal; all fair.

From my discussions with judges throughout the years, not that I am in constant contact with any today, I have learned that they look at both sides fairly and without prejudice. However, being human, they can readily sense when someone is or is not capable of representing their respective clients. By this, I mean the defense as well as the state. I have yet to meet a judge who seldom complains about one side while picking apart the other. Everyone who faces a judge has his/her own personality, and being human and all, the judge will look at all motions and have personal thoughts on how they were filed and whether they make sense. What I am trying to say, in other words, is that no judge looks forward to a motion like this; not if the court has to sift through thousands of documents in order to discern what is to be passed over to the state and what is to be kept behind closed doors. Fortunately, circuit court judges generally have a battery of scholarly assistants at their disposal, but my guess is that it’s not something anyone looks forward to. Since Channel 9 had access to some of the documents, I would say the defense has turned over discovery prior to this motion. I think the most important part of the motion pertains to where the money is going, past and present; and the state of Florida has every right to know, down to the very last penny.

§

The defense filed a very interesting motion on Tuesday, November 23. The Defendant’s Motion to Seal Penalty Phase Discovery Response also cites F.R.C.P. 3.220, but in this case, it’s (l) (1) it’s referring to - Protective Orders:

Motion to Restrict Disclosure of Matters. On a showing of good cause, the court shall at any time order that specified disclosures be restricteddeferred, or exempted from discovery, that certain matters not be inquired into, that the scope of the deposition be limited to certain matters, that a deposition be sealed and after being sealed be opened only by order of the court, or make such other order as is appropriate to protect a witness from harassment, unnecessary inconvenience, or invasion of privacy, including prohibiting the taking of a deposition. All material and information to which a party is entitled, however, must be disclosed in time to permit the party to make beneficial use of it.

What this motion requests is for every bit of penalty phase information it finds from here on out be sealed or exempted from future discovery, pursuant to Florida’s Rules of Criminal Procedure. Furthermore, it states that this case “has received an extreme degree of media attention not just in Orlando, Florida, but nationally.” Everyone reading this article is well aware of that fact, and if ever there was a truth to what the defense has said, this is indisputable. The motion specifically cites Florida Statute 90.202 (l), which states: Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court.

The motion goes on to state that intense media scrutiny has resulted in the media and public conducting their own investigations aside from what law enforcement has done. I will be the first one to admit that this case has grown multiple arms, many that far outstretch the reach of sanity and truth. Specifically, Internet sites, including blogs and YouTube are fingered, but not one in particular. This is also the truth. Anyone who writes a blog has been guilty to some degree; some a lot more than others.

How many blogs have been guilty of mocking the people involved in this case? The defendant? The entire defense team? All of the defense witnesses? How many times have we read that anyone who works for the defense is a liar? The attorneys must be disbarred? There is a long list of public demands, most of which are quite illogical in the practical sense. Sure, I’m not one who should talk, but I’ve tried to be fair, and in this case, I can empathize with the defense.

“To date, witnesses in this case, especially defense witnesses, have already been subjected to intense media pressure and harassment by the media and the public at large. This has resulted in a chilling effect with some witnesses becoming reluctant to come forward with information for fear of harassment and stalking.”

Boy, oh boy, can I relate to that one. I’m not a witness for the defense, but I have been harassed and stalked since Judge Strickland stepped down. Relentlessly. And if the defense ever needed a witness who could testify to that fact, it would be me.

It’s interesting that the order requiring penalty phase witnesses to be listed is due on November 30, the day after the hearing, so this motion could be two-fold; the other being that the list is not forthcoming. After all, how much time has Ann Finnell, the author of the motion, had to gather up all penalty phase witnesses?

The motion asks that the disclosure of these witnesses from the media and the public be restricted until a penalty phase has been established. This, the defense argues, insures that Casey will receive a fair penalty phase if it becomes necessary. In any event, if the judge refuses to grant the defense’s request, the motion asks for an evidentiary hearing on the matter, and that’s one I doubt the judge will say no to.

Overall, it has been my observation that there are a bunch of weirdos out there in the public who have grown some of the most mutated arms I have ever witnessed in my entire life. One such arm that has absolutely no merit is the one boasted by several inane commenters at an otherwise respected site; the one that states “as fact” that Jose Baez, Cindy Anthony, Melissa Earnest and myself conspired to remove The Honorable Stan Strickland from the bench. That one is disgusting, it has absolutely no legs to stand on, and it’s based purely on hatred for me and the others named. Only the stupidest of idiots would believe such a thing. It’s precisely what the defense is talking about, and it’s why the motion stated that the “intense media scrutiny of this case has resulted in the media and the public conducting their own independent investigations in the facts of this case…” I can’t say it enough times. No, this has nothing to do with my fact seeking field trips to Walmart, a la James Thompson, or a video I shot of a person who has yet to be called by the state. In both respects, I was well within my rights and all I was seeking was the truth. If Casey cannot get a fair trial, it is because of trolls. We all know who they are and so does the defense. It’s the trolls who insist they are the only ones who know “the truth” and they say so at the expense of federal and state law enforcement officials, not to mention prosecutors, bunglers all, and certainly not professional enough to see the light.

God forbid that my name would ever be placed on the defense witness list, but believe me, I sure do relish the thought of being able to tell a judge the truth about all of the horrible lies pertaining to this case. If Casey’s defense team has ever filed a good motion, this one is it. Let’s see what the judge thinks.

Saturday
Nov202010

The Ballad of Casey

It is a well established fact that in America, Casey Marie Anthony is not guilty of murdering her daughter - not yet, anyway, and no matter what we think, it will take a jury of her peers to make that determination. Until then, she is presumed innocent and all we can do is speculate. No matter what the outcome next year, I truly believe her name will be synonymous with Lizzie Borden’s. Lizzie, of course, found her father, Andrew, and stepmother, Abbie, hacked up by a hatchet in their family home in Fall River, Massachusetts, on August 4, 1892. A week later, she was arrested and charged with their murders.

Today, the notoriety of Casey’s alleged criminal act is so vast, there’s hardly a person in the civilized world who hasn’t, at least, heard of her or her daughter, Caylee Marie; whether they follow the story in depth or not. Credit the Internet, where someone in Dogtown, Florida can make headlines five minutes later in Tick Bite, North Carolina. Tick Bite? Yes, Tick Bite. They are almost 700 miles apart, give or take as the flea jumps, but the speed of communication today is just fascinating, it’s worldwide, and it’s mind boggling!

In Lizzie’s time, it would have taken several days to travel from Dogtown to Tick Bite. Today, it can be done in 10 hours. Aside from cars, what the Interstate system did to our roads in the 1950s, the Internet has done to news reporting of the new millennium, only multiplied by a few quadrillion nanoseconds. It’s interesting to note that, while Lizzie’s trial was over in 1893, we still remember her name and what she was charged with. That’s 107 years ago, folks! Why? Because it was a horrible crime? Sure, but it can’t just be that. Granted, there are no “nice” ways to commit murder, but there’s something that sticks in our craw when a daughter kills her parents or a mother kills her child. There’s something more despicable about it and we seldom forget it because there’s no way to explain murdering our own flesh and blood. Spouses and ex-spouses are another story. Speaking of which…

Before the Internet, we relied on TV. An excellent example of television at its finest was the OJ Simpson debacle. How many of us watched the whole thing unfold live before our very eyes? It was the first real crime to hit the tube with such focused intensity, and to most of us, we will never forget the white Bronco. That chase will forever be one of those “I remember exactly where I was” moments. The trial was among the most publicized in American history, while the verdict was watched by more than half of the U.S. population. It was huge.

There have been a few notable murders in our recent history; recent being that there are still people alive who can remember. Today, there’s Casey. Fifteen years ago, OJ was found not guilty. Sixty years earlier, Bruno Richard Hauptmann was found guilty of murdering famed aviator Charles Lindbergh’s infant son and sentenced to death. Both were called “The Crime of the Century.” No one is alive that would remember Lizzie, but in all of these cases, most of the evidence was (and will be) circumstantial in nature. Lindbergh and Simpson were famous before the crimes, but not Hauptmann or Lizzie, and certainly not Casey. It was the murders that mostly shaped their destinies. It is what they were charged with that determined how history would view them. History books don’t teach folklore, though. It’s passed down, and Lizzie’s tale continues to be embedded in our memories. That’s how legends grow, good and bad. Sadly, the murder trumps the murdered.

In the case of Lizzie, no one else was a suspect at the time, and to this very day, people continue to argue over who really killed the Bordens. During the investigation, a hatchet was found in the basement. It was assumed to be the murder weapon, yet it was void of blood. Most of the handle was missing and the prosecution stated it was broken off because it was too bloody to clean. A police officer testified that he found the head of the hatchet right next to the handle, but a Deputy Marshall contradicted his testimony. A forensic expert said there wouldn’t have been any time to clean it so soon after the murders. No blood-soaked clothing was found and Lizzie would not have been able to change her clothes or dispose of any in such a short time. Fingerprinting was relatively new then and authorities chose not to use it. Some considered it the junk science of the day. Despite lots of other incriminating evidence and testimony, Lizzie was acquitted. It’s interesting to note that shortly before the murders, the entire family became violently ill. Mr. Borden was not a popular man and his wife suspected they were being poisoned. Their doctor diagnosed their illness as food poisoning. They believed their milk was spiked, but after the murders, it was tested and cleared. Both victims stomachs were sent to Harvard Medical School and examined for toxins. None were found.

We can almost sense a semblance of similarities between the Borden and Anthony cases. Cindy washed a pair of Casey’s slacks. A few days after the murders, Lizzie tore up and burned a dress in the kitchen stove, saying she had brushed it against fresh paint and ruined it. No murder weapon has been found in Casey’s case, and no murder weapon was found in Lizzie’s. The fact that no blood evidence was noted on Lizzie a few minutes after the second murder pointed to reasonable doubt. All of her inquest testimony was barred at trial, as was her attempt to buy hydrogen cyanide, which she claimed she planned to use to clean a seal skin cloak. A lethal poison? You bet. In the end, the jury deliberated a mere hour-and-a-half before handing prosecutors a final whack.

In Hunterdon County, NJ, where I grew up, Bruno Hauptmann’s guilt is still split into two camps and it continues to be debated. I believe he did it. My father doesn’t think so. I believe that’s what keeps the embers burning throughout generations. Will Casey be remembered the same way? Time will tell, but I certainly think so. It’s a big story. In Lizzie’s case, she was memorialized by a popular jump rope rhyme that began circulating in schoolyards and elsewhere prior to her 1893 trial…

 

Lizzie Borden took an axe

And gave her mother forty whacks.

When she saw what she had done

She gave her father forty-one.


In truth, Lizzie’s stepmother suffered around 18 blows and her father just 11. Still, the legend lives on. In light of that, I came up with my own little rhyme for the times. I’m not insinuating anything. It is not indicative of Casey’s guilt or innocence. I am not predicting an outcome and I am not pronouncing a verdict. I am not making a joke out of Casey or Caylee, either. This is merely something that popped into my head. By all means, PLEASE take it lightly, tongue-in-cheek, and with a grain of salt.


THE BALLAD OF CASEY

For the rest of her life

Her name will be Mudd

For taking the life

Of her own flesh and blood.

For what lies ahead

Is a brewing storm.

Her daughter now dead

Was fed chloroform.


Samuel Mudd was the doctor who was convicted and imprisoned for aiding and conspiring with John Wilkes Booth, another name that will forever be etched in our minds. He was guilty of being in the right place at the wrong time. He tended to Booth’s severely fractured leg. His role is still in dispute. President Andrew Jackson pardoned and released Mudd in 1869, but his name is still, well, Mudd.

Thursday
Nov182010

Judge nods in approval

A teleconference hearing was held today in Judge Perry’s chambers over a motion the defense filed to conduct DNA tests on two items,  a pair of Caylee Anthony’s shorts and a bag. Both items were found at the scene where Roy Kronk discovered her remains in December of 2008.

The judge granted the defense team’s monetary request for $2,084 over objections from the Judicial Administration Commission. The JAC argued that an in-state laboratory could check DNA on the items in question, while the defense wanted an out-of-state lab. 

During a recent hearing I attended, the judge made it clear the lab needed to be certified by the American Society of Crime Lab Directors (ASCLAD). The defense originally wanted the evidence sent to a lab in Holland, but Judge Perry, in all his wisdom, made it quite clear that nothing would leave the country, where the court has no jurisdiction. Brad Bischoff, the JAC attorney, could not confirm that any of the labs listed as vendors in Florida were confirmed by ASCLAD. Jose Baez, on the other hand, argued that none of the state labs were certified. He cited a lab in Pennsylvania and the judge agreed that’s where the items will go.

It is a small battle won for Jose Baez & Co., but I would surmise that ultimately, it’s only a win if the lab finds something that will incriminate someone else, or it could somehow benefit Casey if nothing is found that points directly to her. Otherwise, I don’t see it helping her one bit, and in the overall scheme of things, if it does, it’s just one tiny piece from the vast army of incriminating evidence the state has accumulated to wage this war against her. In the end, the good guys will win. Choose sides wisely.

In another matter, Bob Kealing’s report on dead bugs must have the defense worming around right now. Watch his exclusive video HERE. He deserves an award for this one.

Saturday
Nov132010

Moving On... From Psychos to Psychics

 

After my last post, which touched on psychos and psycho-babbling on the Internet, I thought I’d shift gears and share what supposed psychics had to say to Crimeline, OCSO and ACISS about Caylee Anthony’s whereabouts within days and weeks of her publicized disappearance in mid-July, 2008. This list is only for the last two weeks in July. Of course, she was last seen a month earlier, but at the time of these reports, she was merely listed as a missing child. No one actually knew she was already deceased. A lot of us had our inner-feelings, but only the psychics knew where she was and whether she was still alive… or not…

Psychic: Unknown - Date: 06/26/2008

The first notion that something would be amiss came from an unknown caller in what’s described as an intuitive informational tip. The caller said (s)he believed it may be the location of a child. “The barn by the house…” Whatever, someone should look between the barn and the house. The barn was too close to the house.

Updated on a Web site on July 22, the medium said (s)he had no interest in a monetary award.

On the 23rd, it was updated again: There is a place called “The Barn” in Sanford. I don’t know if this is the place. The space between the building looks similar to what was seen, whatever that was supposed to mean.

Just so you know, The Barn is not a short distance from the Anthony’s home. We’re talking about a 45 minute drive, less, of course, as the crow flies, but crows didn’t snatch Caylee away.

Psychic: Unknown - Date: 07/18/2008

To start things off after the fact, the caller said she felt as if the grandparents, George and Cindy, were Caylee’s “real” parents. The toddler would just cry and cry for her grandparents and Casey couldn’t take it any longer. She couldn’t accept that Caylee felt closer to her grandparents than to her. The caller said that she killed Caylee because she thought she was an inadequate mother.

The child is dead, she said, but the death was not intentional. It was out of anger and accidental. The psychic could not see how she died or where Casey hid the body.

She warned the police that they could never leave the mother alone and to keep questioning her. They needed to lead her to believe they were on Casey’s side; that they knew how hard it was to raise a child when Caylee loved her grandparents more. This tactic would lead Casey to crack and confess. She would then lead police to the body.

Psychic: Unknown - Date: 07/19/2008

Here, we have a psychic who reported that a male pedophile sexually assaulted Caylee, ruptured her, and threw her body to alligators. I hate to be so harsh and descriptive, but this is what the report says.

The perp has a round face, blue eyes and straight, light hair parted on the left side that hangs partly over his forehead to the right. Caylee was wearing shoes that were scuffed on the front and sides, a top with puffed sleeves and a tucked front that billowed out over white shorts to her knees. Her bloodied shorts would be found in the bottom drawer of a chest.

There is a separate report dated 7/24 that is a duplicate of this one.

Psychic: Unknown - Date: 07/20/2008

This one is very interesting. She didn’t call herself a psychic, she said she was a medium. She learned about the case from her daughter and had not read or watched any news segments on the disappearance. She had a dream that Casey wrapped Caylee in several layers of garbage bags that were set out with the trash. Close, but no cigar. She also said that the child had something pink in color, possibly clothing. She also saw a shovel being borrowed.

Although compelling, it’s not unusual to see a girl wearing pink. It’s not strange that a shovel would be involved in disposing of a body, but borrowing one is something to note.

Psychic: Donna Hayes - Date: 07/21/2008

Donna said she worked with the Hopkinsville, Kentucky police department. She noted that Detective Scott Mays could advise authorities of her work. She reported that Caylee is with a dark-skinned male, slender to medium in build and about 5’9” - 6’0”. He is either a boyfriend or a real “close” friend of the mother. She advised the tip line that the child was in a wooded area near a small metal shed building like an electrical box.

Psychic: Luke Phillips - Date: 07/21/2008

Luke indicated that the child was adopted under the table with the help of Good Shepherd Services in Orlando. He believed that Casey had to do this because of her strong feeling of harm coming to Caylee. When he was called, he said he had felt she was in North Carolina, near Columbia. After speaking to Sgt. John Allen, he was more precise about his thoughts in a follow-up e-mail. Working with Anam Caillte, a non-profit international organization dedicated to the search and discovery of missing children, he emphasized that there was a connection with a church/religious group, Good Shepherd Services, which is a mere two miles away from the Anthony home. Not only was he specific about the organization, he cited the Gaston, SC area off I-26 and SC Hwy 176, Plantation Estates Lane (SC-5-9-354).

Which state was it, NC or SC? Neither, actually.

Psychic: Unknown - Date: 07/21/2008

Here, the tipster advised authorities that they saw the news story on the Today Show. While watching the show, an inner voice said that police were looking in the wrong place. They should be looking in a swamp. DO NOT, I repeat, do not let the grandmother, Cindy, talk to Casey. Check the grandmother’s vehicle! “She knows!”

The psychic advised that there was never any mention of Caylee’s father or his parents. Police have the wrong person in custody! This person got a bad feeling when George was seen on TV clutching Caylee’s teddy bear. Police should take this person seriously because they have had feelings on other cases and have been right in the past. This tip should be taken seriously!

Psychic: Unknown - Date: 07/21/2008

This tipster brought the Lord into the equation, along with a suspect named David. Hmm… more fuel for the conspirators? The Lord told her in a dream that the suspect, David Rafferty, killed the child. He was under the age of 45 and had long, dirty brown hair. His glasses were outdated and he was wearing a red t-shirt with a bar and grill logo on it. He lived in a trailer on his mother’s property. Caylee was buried in a plastic bag behind or near his trailer. His mother lived in a light yellow and white house. The child’s mother did not know the name of the city and state the suspect lived in, but she believed it was probably local to where Caylee lived or where she went missing.

Psychic: Nadine McLachlan - Date: 07/21/2008

Nadine had a dream that Monday without knowing anything about Caylee. Her dream showed a countryside with a red brick bridge. The child would be found under the bridge in the water. She was wearing a plaid dress with red in it and white socks with pink on the top. She realized on Tuesday, when she saw Caylee on the news, that she was the little girl in her dream.

Psychic: Candice Casey - Date: 07/22/2008

Candice said she saw a vision that Caylee was in Rice Lake, Wisconsin, whether in the town or the lake itself, I don’t know. She said a male from the father’s side molested Caylee and that Casey told her mother, who chose not to believe her. Casey wouldn’t tell the police the truth because no one would believe her. Casey is only protecting her daughter and knows where she is. Duh? This paternal relative is shorter than George, stocky, with white hair and somewhere between 50-60 years old. That eliminated me. I’m bald. Of course, it won’t take a psychic to start an ugly rumor. Just a psycho.

This tipster was also specific. She said that Putnam was the street name and a young couple, Carrie and Phil would live there. It would be an older one-story building, with an older window, on a single-lane driveway. The house would be in a field with pretty red flowers. The family would work with hay, there would be no animals or vehicles, and the couple would have no other children.

Psychic: Jenn Cooper - Date: 07/22/2008

Jenn Cooper sent Cpl. Yuri Melich an e-mail. She said she hadn’t slept a wink for 3 days because she was having dreams while awake. She stated there was nothing in it for her except that the precious little girl to be returned home.

It was very important that police run a polygraph on Casey asking her which state her daughter had been taken to. They needed to run through the alphabet starting with A. “Is Caylee in Alabama?… Alaska?” And so on. There are 51 states and 26 letters in the alphabet. I’ll let you figure the algorithm out.

Jenn stated that Casey would not be able to lie about a timeline if the states were called out alphabetically. Casey was also covering the whereabouts up because she had been threatened not to say or people would kill her. Please don’t let this become another Madelaine McCann story!

She admitted she could be wrong, but there were several people (possibly Latino) involved.

Don’t forget to ask Casey about her Myspace blog on June 7, too. It was an open admission to what Casey was going through - something really, really bad. There was something very dark going on in Casey’s life around June 7 and she had put herself in a dissociative state of mind to kill the pain.

Psychic: Unknown - Date: 07/22/2008

The caller said she was a psychic. She had a vision of Caylee with one man and one or two women traveling in a dark-colored SUV. They were now in Raleigh, NC at a place between 225 and 275 Raleigh Road Parkway West. They would only be there for a few days and would then travel to Winston, NC.

Psychic: Unknown - Date: 07/22/2008

This one was not a psychic. Instead, the caller said police should talk to a psychic by the name of Tiffany Martin, living in Pleasant Hill, California.

Psychic: Unknown - Date: 07/23/2008

The caller said that Caylee may be buried underneath her grandparents’ house.

Psychic: Unknown - Date: 07/23/2008

This one is called The Miracle Call. The caller said that when they put water down on a table, they saw a miracle, just like Christ turned water into wine. Hmm. They saw an old-fashioned glove like an oven mitt, then the grandpa appears; then there is an image of a big person and a smaller person near grandpa’s house (or at the house.) When the caller said more water was thrown on the table, they saw a man with a big head and a small girl near some high rock. On the third day, more water was thrown on the table and they saw a woman who looked like the grandmother, that she was near some water where there was a cave and high water. Cindy was then seen with the man with the big head. No Caylee this time. Ahhh, here’s the clincher… If you’re in Miami looking up at Orlando, which must have meant north, there will be the man with the big head on the right side and there is a fancy woman who lives in Miami and they may have the child.

Huh? All that, and all this caller could say is “may” have the child. What a cryptic letdown! No wonder this caller gave no name.

Psychic: Unknown - Date: 07/23/2008

The caller believed Caylee was still alive, but not for long. Uh-oh. Casey knew where her daughter was, but she was too afraid to say so. An ex-husband/boyfriend was a trucker and they were heading north on I-95! He would kill Caylee if Casey spilled the beans. He was dangerous and probably a drunk. Tips would come in from sightings on trucks stops along the way. Walmarts, too. There must be something to this Walmart stuff. The suspect was with Caylee and no one else and was using Caylee as collateral to get the mother back. Oh yes, the tip about Atlanta Airport? Sooo not true.

Psychic: Unknown - Date: 07/23/2008

The caller said the little girl was dead and there was a man involved. Caylee was placed into the trunk of a vehicle. Casey and this unknown man were going to bury Caylee but the man told her she couldn’t bury her daughter in the back yard because it would be the first place police would look. The caller said Caylee should be wearing turquoise colored shorts and a red shirt.

Psychic: Unknown - Date: 07/23/2008

The caller believed Casey was hiding Caylee and was playing the “no body, no case” game. This one was a bull’s-eye and it rang true until Casey had her “Oh no” moment..

Psychic: Unknown - Date: 07/23/2008

This caller stated that they had had dreams about Caylee. The person believed that the suspect was deceased and that Caylee was buried in the grandparents’ back yard, near some sort of concrete square.  This caller also said that the grandmother might not be completely sane and that she knew more than she was saying.

Keep in mind that this is how rumors start, but the psychic wasn’t all wrong. I’ll leave it to you to figure out what it is, but to be fair, media helicopters had hovered over the back yard by that date, and Cindy was struggling with protesters in her front yard.

Psychic: Debbie Valenti - Date: 07/23/2008

This was her first call. She said that Casey was insecure about the relationship with her own mother. Caylee was crying for her grandmother and Casey got frustrated. She hit Caylee until she died. Police needed to keep after her and she’d crack under pressure and tell the truth.

Psychic: Andrzej Nikodemowicz - Date: 07/23/2008

This one, I’m going to quote. Marta Abdusattarov spoke to a psychic in Poland and this is the gist of an e-mail and two text messages Marta sent to law enforcement through the course of the day:

“I have a contact with the case. The girl is alive and feels good. She is in the house on the hill. Pay attention to the yellow car. Around the house there is no palm trees, only leaf trees south of Daytona in the middle of Florida.” Well, it is called central Florida for a reason. “In the house by the lake from its north side. She was going road or Interstate 4. It’s a place that I can show if there are people that are interested to talk about it. There is a woman that drives light yellow car. The vision is not clear. Mother of the child is scared but it’s all about the girl. She is in Lakeland towards Hillis Blvd or Hillis Dr by the lake. And can I explain more of someone who speaks Polish will call me. For now, that is all. Thank you for your trust.”

Psychic: Debbie Valenti - Date: 07/24/2008

Debbie again stated she was a psychic and wanted to offer her understanding of the little girl who was missing. She gave her phone numbers and asked authorities to call her. Did they call her back? I don’t know, I’m not a psychic.

Psychic: Unknown - Date: 07/24/2008

Here’s a real nail biter… The KKK has Caylee in Luce Dale, Mississippi near Hwy 98. They paid for her and use children in their satanic cult rituals.

Hey, I’ve been in Mississippi and traveled on 98. Someone I know - and have NEVER met - lives in Mississippi, too. Does that mean anything?

Psychic: Unknown - Date: 07/24/2008

Here’s an unknown caller with a different idea. This person had a “gut” feeling that Yuri Melich needed to interview all of Casey’s male friends. History proves that children are abused or killed by fathers and boyfriends. Casey was covering for someone and sending police on a wild goose chase so the culprit could get out-of-town.

Psychic: Alice Taylor - Date: 07/24/2008

Alice was rather good because she had a simple message. She sensed that Caylee was smothered and she saw the toddler in the marshes not far from her home. “A bit of a drive” kind of threw it, though.

Psychic: Lauree Coleman - Date: 07/27/2008

The Lord revealed to her that Caylee’s body was not far from the home in an industrial park at the dead-end and to the left of a wooded area. Her body would be found in a sink hole or pot hole filled with water.

Psychic: Unknown - Date: 07/25/2008

The caller stated the male responsible for kidnapping Caylee was about 20-30 years old and that he was her father. The suspect has long, sandy colored hair. They were driving a white colored or light blue colored 4 door vehicle. Earlier, Casey and Caylee went with this man to New York and he owed Casey money. He also had a firearm and he was going to pay Casey the money he owed for child support after taking care of business. Since Casey didn’t want her daughter around this sort of activity, she left Caylee with another woman (no name given) to watch her. The suspect took Caylee from the babysitter before Casey had a chance to pick her up. Caylee was still alive at this point and she was near Hoboken, New Jersey.  Did this psychic see a happy outcome? Well, there was another male who was thought to be the son of the babysitter and that would help out with the situation, so, yes, Caylee would be found!

Psychic: Unknown - Date: 07/25/2008

This one believes Casey was into drugs and she owed the dealers way, way too much money. They threatened to kill her daughter, so Casey took her to a family relative in New York to keep her safe. No name, address or relationship was established.

Psychic: Unknown - Date: 07/26/2008

The psychic caller believed that the police should look at fibers on stuffed animals found in the trunk. Casey buried Caylee in her favorite park where they always used to go. She killed her because she couldn’t afford her.

And last, but not least, we have…

Psychic: Unknown - Date: 07/27/2008

Our final psychic called authorities and stated that George and Cindy had a fresh concrete slab poured 10 days earlier in their back yard. Now, here’s a real vision, as in watching news about the case on television. The caller said Caylee’s remains were in the concrete slab. Not under it. In it. Caylee had died of heat exhaustion in the car while Casey and her boyfriend were getting drunk in a bar. George and Cindy covered up the death for their daughter. This caller was emphatic about having psychic abilities.

Well, there you have it. Have at it, and this is just part of the onslaught of psychic tips that came in prior to Caylee’s body being discovered. Do you really want me to write about the months of August, September, October, November and December? I hope not, because I predict they will all be similar to these.

I imagine if we took snippets from each psychic and spit them out, we could come up with something not far from the truth, but the problem is, what pieces go with what parts? As is the case with Nostradamus, it’s easy to give him credit after the fact. If he was so good at predicting the future, how come no one has predicted something that hasn’t happened yet, based on his writings? Nope, it’s only after an event occurs that people credit him. No one sensed what was about to happen to Caylee, either. No one.

Thank you, Gracie34. It was your far-fetched, strung-out ideas that inspired me on this one.