Cheney Mason Jars the Truth, By George!

It’s hard to believe that Casey Anthony was found not guilty of first-degree murder three years ago, but she was. My coverage of the case began in November of 2008 and continued in earnest until the verdict. That’s when it ended. Many people wanted me to resume writing about her — the lawsuits and bankruptcy — but my job was finished. Those news stories were of little relevancy to me, so I never wrote about her again. Until now. Something (or someone) has piqued my interest. Most assuredly, it must be of major importance to stir me from my restful, peaceful, crime-free, post-Zimmerman Rip Van Winklish sleep, right? Yes, and it’s Cheney Mason. Just as the Casey Anthony saga began with a flurry of horrible lies, the nest of iniquity continues.

Certainly, I have reasons to seek vengeance on those who took down the presiding judge at my expense, but I’m not a begrudging type, and the years have softened my stance to some extent. Jose Baez apologized years ago. It was nothing personal against me, he said, but he didn’t feel Casey could get a fair trial, especially in light of the check fraud pleas. That’s a different story and I understand more about the incident after years of study and reflection; however, I firmly believe the idea was the brainchild of a vindictive Cheney Mason. Mason had it in for Judge Stan Strickland and you are just going to have to trust me on it with no further explanation at this time. Asking the judge to recuse himself from this case is not the reason why I decided to pick up my pen. It’s to set the record straight over what I consider to be a persistent and perpetuating lie perpetrated by Mason — that poor, little Casey is innocent of any and all wrongdoing, and that the media and prosecution are guilty of everything. 

In his book, Presumed Guilty | Casey Anthony: The Inside Story, Baez wrote:

Casey and I had discussed her sexual abuse, and I felt it was only a matter of time before she would tell me the truth about what happened to Caylee.

This was immediately followed by:

The day I had a major breakthrough with Casey came in the early months of 2009 […]

He continues to explain what Casey told him about the drowning and her father’s involvement:

“Don’t worry. I won’t tell anyone. I’m taking care of it. Don’t say a word of this to anyone, especially your mother,” and he walked away.

Believe what you want. My point is that for over two years, until the onset of the trial in downtown Orlando, her defense team maintained an oblivious facade about the cause of Caylee’s death, and the public and many facets of the media were eschewing whatever Baez, et al, spit out. If she was so innocent, why not come forward much sooner than the trial? To be Nancy Grace-like, it would have been a BOMBSHELL and it would have sent the prosecution reeling into a downward, spiraling tizzy… momentarily, at least, until it had a chance to regroup. Instead, the young woman sat in jail from October 14, 2008 to July 17, 2011.

(I think it’s important to remind you, before I go on, that Baez was not death penalty qualified, so Mason was hired, pro-bono, in March of 2010, a year before Casey opened her mouth about the death of her daughter, as cited above. Mason had collaborated with Baez prior to officially joining the defense, too, so he was aware of his new client’s alibi and the accusation of sexual abuse. Unfortunately for George Anthony, he was going to be the defense scapegoat and he didn’t have a clue. If I was a minor target, George was huge.)

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Presently, I know precisely what Mason is spewing. It’s called marketing propaganda and he’s doing it to promote his new book, Justice in America: How the Media and Prosecutors Stack the Deck Against the Accused due out soon. I think it’s important and fair to first note that Mason does come with credentials. He’s a highly regarded veteran of criminal defense trials, as CNN’s Jean Casarez just pointed out in her interview with him, What life is like for Casey Anthony, updated July 4:

A former president of the Florida Association of Criminal Lawyers, Mason, who just that year had been selected by Florida Monthly magazine as one of Florida’s top lawyers, was disgusted with the local media coverage about the relatively inexperienced Baez.

That’s great. What a hero. Definitely, Baez was treated with contempt by the public and press, but it came with the territory of representing the most reviled woman in America and Baez knew that. What he needed was help forming a strong and capable defense, not a pompous ass press secretary/superhero. For now, though, let’s continue with the version Casarez wrote and elicited from Mason:

Shortly before jury selection was to begin, Mason got word that Anthony’s handwritten letters describing sexual abuse at the hands of her father were going to be made public under Florida’s open records law.

He believed it was only right that Anthony’s parents, George and Cindy, were warned. He called them to his office late on a Friday afternoon.

“We had them one at a time come into my personal office and made the announcement: ‘Monday’s going to be a bad day for you George. I felt man to man I would tell you in advance.”“

Mason said George Anthony’s reaction was “basically none.” “He looked at me … I turned sideways a little bit, he clapped his hands down on his thighs — let out a big sigh but didn’t say anything,” Mason said.

“He never admitted doing anything,” Mason said. “All we had were the letters and (separately) the statements Casey had made to the psychiatrist.”

According to Mason, he then called Cindy in to inform her.

Next it was Cindy Anthony’s turn. “We called Mom in, Cindy, and told her and she immediately welled up with emotion, cried, was very upset,” Mason said.

This is not what I recall from my experience with the case. Please note that Mason said George and Cindy Anthony went to his personal office after he got word, yet in his book, Baez wrote something contrary to Mason’s revelation.

Two psychiatrists evaluated Casey for the defense, Drs. Jeffrey Danziger and William Weitz. Danziger was initially appointed by the court in 2008 following her arrest. For the defense, he met with her four times in November and December of 2010. Weitz conducted two interviews in February and March of 2011. According to Baez:

After the prosecution took the depositions of the two psychiatrists, both sides agreed they should be sealed because they contained medical information as it related to Casey’s mental health, and there were issues of sexual abuse by George and Lee, which was protected under state law. Perry immediately sealed them, saying that he wanted to review them before deciding whether they should remain sealed.

Baez continued:

A couple of days later, Cindy called me to say she and George had an appointment the next day at the state attorney general’s office to discuss the depositions of the shrinks.

I lost it. I smelled the skullduggery of Ashton and immediately contacted Perry, telling him that the state was planning to meet with the Anthonys to discuss the information that he had sealed. 

Perry had a clear response: “Sealed means sealed.” Despite this clear message from the judge, the prosecution went ahead and had its meeting anyway. That was the arrogance of Ashton, whose attitude was, “I can do anything I want because I can get away with it.”

And get away with it he did.

In fact, according to Baez, the prosecution didn’t show the Anthonys the depositions, it showed them the notes they took during the depositions:

[…] The benefit to the prosecution by making sure the Anthonys found out what was in the shrinks’ depositions, of course, was that when the Anthonys found out that Casey was revealing George’s sexual abuse, they would turn on Casey, no longer support her, and became [sic] state-friendly witnesses.

I thought Cheney was going to have a heart attack. […]

This is proof that Mason did not individually call George and Cindy into his office to “warn” them. Instead, Baez warned Mason about what the Anthonys learned from prosecutors. But wait! There’s more…

Before Presumed Guilty was released, then assistant state attorney Jeff Ashton published his book, Imperfect Justice | Prosecuting Casey Anthony. He had something to say about this matter, too, and it offers a third view, far removed from Cheney Mason’s.  Beginning on page 215:

Even though the witnesses had been withdrawn [Danziger and Weitz], Linda [Drane Burdick], Frank [George] and I wondered how much of this George and Cindy knew. Just because the defense had dropped the witnesses didn’t mean they were abandoning the argument completely. There was still a chance that George could be dragged into this.

One evening around the time that all this was happening, Mark Lippman, the attorney who by then was representing George and Cindy, filed a strange press release. It said something to the effect that George Anthony had nothing to do with the disappearance of Caylee.

Ashton contacted Lippman, assuming that Baez had spilled the beans:

Mark told me that a few days earlier, Baez had asked for a meeting with just Cindy. When she arrived at his office, Baez, Dorothy Sims, and Ann Finnell via the phone were waiting for her with important news. Baez proceeded to tell Cindy that Casey had authorized him to say that Caylee had died at the house and that her death had been an accident. Baez also told Cindy that the state was investigating George’s involvement with Caylee’s death. Baez claimed that the authorities had information from a witness who said that George’s phone records held valuable clues.

I was speechless. Poor Mark only knew the tip of the iceberg. It was the cruelest thing I have ever seen an attorney do. […] To tell this grieving woman…

To say that Ashton was outraged would be an understatement. This is what pushed him to tell the Anthonys the whole story — to warn them.

I told Mark we weren’t investigating George, although sadly, there was more bad news. But I had to get back to him about it. Linda and I discussed the best way to handle the therapists’ reports and we decided to invite Mark, Cindy, and George to our office. I gave Mark a call.

“Are they saying that George disposed of the body?” He responded by telling Lippman it was worse than that. 

When Baez found out that Cindy was coming to our office to see what the doctors had said, he immediately shot off an e-mail to Judge Perry, essentially accusing us of violating Perry’s order.

Linda said that Judge Perry’s order indicated only that the transcripts would not be made public documents; it never restricted our ability to investigate the story, and there was no way we were going to let Jose’s lies go unchallenged. Baez would later attack us on this point, but the judge agreed with us.

The prosecutors decided to discuss their notes and recollections with the Anthonys since the depositions were, in fact, sealed. Caylee’s grandparents needed to know the truth about what was actually going on, despite the inherent risk of possible witness tampering accusations.

George and Cindy were visibly upset when they arrived at the state attorneys office, Ashton pointed out.

Before the meeting, we’d told Mark that we would speak to him privately and share what we knew with him. Then it would be up to him to decide what to tell the Anthonys. We put George and Cindy in the conference room and took Mark into the office with us.

Lippman heard the entire story…

Mark left and went to the conference room to talk to the Anthonys for what seemed like twenty to thirty minutes. Linda and I were in a nearby conference room when Mark came to find us. Cindy and George had questions, and we accompanied him back to the conference room. Cindy was sitting at the table just looking down. George was next to her, his face bright red. Cindy looked angry. George looked like he had been crying, like someone had just killed Caylee all over again. He was just devastated.

“I just want you to know that none of this is true,” George said to us.

Cindy patted him on the hand and said, “It’s okay, George. Nobody believes this.”

His words would catch in his throat as he assured us one more time, “I just want you to know that everything I told you is the truth and I am not changing any of it.”

I remember Cindy saying something like, “I don’t know what’s wrong with her,” referring to Casey. At least she was finally willing to admit that there was something not right about Casey. How it would affect her testimony at trial, though, was anyone’s guess.

There you have it. The rest is history. But is Cheney Mason rewriting the history books to glorify himself? To give himself most of the credit for saving poor, innocent, child-like Casey? Sometimes, certainly in this case, when someone keeps telling himself the same thing over and over and over again, he begins to believe it. Mason is, after all, one of Florida’s BEST attorneys, as I’m sure he would quickly remind us and his mirror. And if Washington chopped down the cherry tree, he chopped down the giant Ashton tree. And didn’t tell a lie. Yes, man-to-man, he gently pulled George into his office to softly break the news. What a kind and compassionate father figure. Only, I wouldn’t buy a used lemon from the man.

The amazon.com Website promo intro of Mason’s book says, “He shares never before revealed media bias, and enough case secrets to make readers re-examine their conscience and the quick path to judgment and personal conviction of Anthony.”

I am deeply concerned about the honesty of those “case secrets,” especially coming from a man with so much documented bias against the media. Until he needs to use us.

§ 

I think it’s important to mention something more enlightening about the defense psychiatrists, Drs. Danziger and Weitz. They were most likely removed as witnesses out of fear that the judge would have granted the state their own psychiatrist, who would have interviewed their client. That would have been problematic for Casey and the entire defense. It’s also necessary to say that Danziger was highly uncomfortable with being a mouthpiece for these “very, very serious allegations against someone in a situation where there is no other evidence he actually did anything.” (Imperfect Justice, Page 210.)

Watch Me on ID Investigation Discovery Tonight

 Tonight at 9:00 PM EST, I will appear on the nationally broadcast program Motives & Murders: Cracking the Case | Not Again on ID - Investigation Discovery.

In 1997, Carla Larson was murdered near Disney property, where she worked as an engineer for a construction company. Her husband became an immediate suspect in the public’s eyes (not to mention law enforcement) because of his lack of emotion when interviewed on local television stations. He was downright indifferent. However, there was much more to the story, so please watch tonight to find out why…

From the ID Website:

When Carla Larson leaves work to grab lunch, she never returns. The all-American wife and mother is discovered naked and strangled to death in a nearby swamp. The investigation stalls…until a random love triangle provides a clue to finding her killer.

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I will be featured on this program because of a two-part series I wrote and published on September 5 & September 8, 2010:

When karma strikes twice

Slowly, the wiles of justice churn

Motives & Murders: Cracking the Case will appear on the Investigation Discovery channel on Saturday night, December 8, at 9:00 PM EST. It will be repeated at midnight, at 4:00 AM, and Sunday afternoon at 5:00 PM. You can find out if your TV Service Provider carries the channel by clicking HERE and typing in your information. 

Newly elected State Attorney Jeff Ashton was also interviewed, along with Carla’s husband, Jim Larson. The interview took place in June of this year.

I don’t know how much I’ll figure into the program, but I do know about cutting room floors. In any event, it should be a very good show because I remember the crime so well. Please take a little time to read my two posts to familiarize yourself with the case.

Motives and Murders: Cracking the Case

When Carla Larson leaves work to grab lunch, she never returns. The all-American wife and mother is discovered naked and strangled to death in a nearby swamp. The investigation stalls…until a random love triangle provides a clue to finding her killer.

I will be featured on this program because of a two-part series I wrote and published on September 5 & September 8, 2010:

When karma strikes twice

Slowly, the wiles of justice churn

The program will appear on the Investigation Discovery channel on Saturday night, December 8, at 9:00 PM EST. It will be repeated at midnight, at 4:00 AM, and Sunday afternoon at 5:00 PM. You can find out if your TV Service Provider carries the channel by clicking HERE and typing in your information. 

Newly elected State Attorney Jeff Ashton was also interviewed, along with Carla’s husband, Jim Larson. The interview took place in June of this year.

I don’t know how much I’ll figure into the program, but I do know about cutting room floors. In any event, it should be a very good show because I remember the crime so well. Please take a little time to read my two posts to familiarize yourself with the case.

Thank you,

Dave

Sunday Afternoon Murder Club - Death Penalty

The gang will be back on Sunday at 4pm eastern. The gang being Simon and Jan Barrett, Crime Writer and author Denny Griffin, veteran trial attorney Mannie Barling, journalist Dave Knechel, and Bail Bonds expert William Cobra Staubs.

Join us at 4pm Eastern and join in the chat, the link to listen in live here.

The Truth About Cindy's Testimony

What Cindy said on the stand Thursday was shocking, but the fact is, she did tell the prosecution almost the same thing back in July of 2009 during her deposition.  Technically, she didn’t lie the other day, unless she lied about it to begin with.

Whatever you think, it will be up to the jury to decide, but here’s what she said…

Click the image

Feel free to add your thoughts.

THANK YOU!

The Long and Winded Road

Jury selection is moving right along… slowly, but surely. What do we make of it? When will the trial finally begin?

Hurry on over to Orlando Magazine and take a gander at what I think…

Click the image

Feel free to add your thoughts.

THANK YOU!

Arresting Development?

 

There are two basic Miranda warnings. One is quite minimal and the other is more verbose:

• You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

• You have the right to remain silent and refuse to answer questions. Do you understand? Anything you do say may be used against you in a court of law. Do you understand? You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

The general rule is that the first one is just an announcement of your rights, whether under arrest or not, and the second one is primarily to cover the bases a detainee might encounter while in police custody.

We have rights under the Constitution and the Bill of Rights, but do we know each one of them by heart? Way back in 1963, Ernesto Miranda was accused of kidnapping and raping an 18-year-old woman. When brought in for questioning, he confessed. He was never told that he had rights at all. He was never told he didn’t have to speak to the police or that he could have had an attorney present. At trial, his counsel attempted to get the confession thrown out, but the motion was denied. In 1966, the case went before the U.S. Supreme Court, which ultimately ruled that Miranda’s statements to law enforcement could not be used as evidence since he had not been advised of his rights.

Since then, before any pertinent questioning of a suspect is done, officers of the law have been required to recite the Miranda warning. The above statements have the same key elements: the right to remain silent and the right to an attorney. When you have been read your rights, you have been Mirandized.

Of great importance is the difference between being arrested and being questioned. When law enforcement asks you anything - anything at all, you have the right to remain silent. Period. Of course, this doesn’t include answering basic questions such as your name, address and other relevant information regarding your identity. Also, bear in mind that if you are not a suspect, the police do not need to Mirandize you.

At issue with Casey, and of great importance to her defense, is the precise moment when she shifted from being a person of interest (which could mean just about anything) to becoming a full-blown suspect involved in a crime. To be certain, prior to her being questioned, she was already suspected of stealing. That quickly changed when law enforcement learned of Caylee’s disappearance and possible kidnapping. What is so relevant at this point is the time investigators turned around and looked at her as a suspect. There are no clear-cut definitions; it is a gray area, but no doubt, police are trained to be suspicious of their own mothers, so after Casey told her first lie, the gloves came off and she became a prime target of investigation. What her defense did today was to paint her as a sitting duck, and there may be some weight to it. Were Orange County’s finest required to read Casey her rights before firing away, if just as a precaution? That’s what we are about to find out.

When Deputy Ryan Eberlin told defense attorneys on the stand today that he initially handcuffed Casey on July 15, 2008 and put her in the back of a patrol car - the “cage”, should he have read her her rights, right then and there? Remember, that would not have signified that she was under arrest. At that moment, the crux of the investigation was over a missing toddler, right? Yes, but Cindy had just showed him receipts that virtually indicted Casey of fraudulent use of her credit cards. She said she wanted to press charges against her daughter. It was at this moment the cuffs went on. Time to be Mirandized. She was a suspect in a crime.

This could be big. I have tried to maintain a decent semblance of neutrality throughout this trying case, although I will admit I falter at times, but I have got to admit that this could be problematic for the State. To be blunt, Jose Baez and Cheney Mason were very good in the courtroom today and I have to call it like I saw it. Give them their day in the sun, but don’t get in an uproar over my revelation, not quite yet, anyway. We don’t know how the judge will rule. There’s still much more testimony to come, but if he rules in favor of the defense, it means initial questions will be tossed. However, keep one important factor in the back of your mind…

Ernesto Miranda. Oh yes, his conviction was thrown out, alright, but he didn’t walk away a free man. Law enforcement still had tons of other evidence that was completely independent of the confession. When he was tried the second time, he was convicted again, and after his release, he was killed in a barroom fight.

Just remember, the State of Florida is still sitting on lots of other evidence against Casey.

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There is much more I could address, but it was a long day. One little morsel of interest, I’m sure… Diana Tennis is no longer representing Dominic Casey. He is out of the woods, so to speak, and Ms. Tennis is free to say and write whatever she wants about the case.

Also, the State submitted two photographs into evidence. The defense objected, but Judge Perry overruled. The first one shows a happy Casey taken at OCSO Operations Center. The second one is walking out into the lobby to exit the building. Could the first one infer that she’s a mother not too worried about her toddler?

 

I’m going to bed. It’s going to be a long day tomorrow, I’m sure.

The Strange Tale of the Missing Deadlines

…OR, WHAT WE HAVE HERE IS A FAILURE TO COMMUNICATE

Last month, Jose Baez was sanctioned and fined $583.73 for not complying with a court order. The Court had granted the State’s request for additional defense discovery on December 3, 2010 nunc pro tunc (retroactive to) November 29, 2010. The order specified what information the defense was to provide regarding expert witnesses they planned to have testify during the trial. What the defense gave the State fell far short of the order and the prosecution filed the motion for sanctions. Ultimately, Judge Perry wrote, “The Court finds that defense counsel Jose Baez has committed a willful violation of the Order to provide additional discovery…¹”

COMES NOW, a new motion was filed by the State requesting the judge to hold Jose in contempt of court for missing yet another deadline. Titled the MOTION FOR RULE TO SHOW CAUSE, it accuses him of failing to comply with paragraph five of the Court’s February 7 order:

Frye Hearings: The motions addressing Frye issues pertaining to scientific evidence shall be held on March 23, 24, and 25, 2011. The court will provide a schedule to counsel as to the order in which each motion will be heard. By February 17, 2011 at 4:00 p.m., defense counsel shall submit to the Court and State in writing, the specific issues that will be objected to in accordance with Frye, including, but not limited to, those objections previously addressed in the motions.

What happened? While there’s no doubt in my mind the defense has been rather flippant about orders and deadlines, why would Jose & Co. ignore this one and plead bewilderment as he did in his e-mail to the judge’s judicial assistant? After all, the order is very clear, isn’t it?

As I mentioned in my last article pertaining to Frye and chloroform evidence, I wrote that I would discuss the scientific and legal aspects of the motion the defense filed and a subsequent rebuttal motion filed by the prosecution, the MOTION TO STRIKE DEFENDANT’S MOTION TO EXCLUDE UNRELIABLE EVIDENCE PURSUANT TO FYRE [sic] (CHLOROFORM). This new motion filed by the State takes precedent at the moment, but in essence, there were two separate Frye motions filed by defense. The second one pertains to plant and root growth evidence, and that includes another rebuttal by the State, the MOTION TO STRIKE DEFENDANT’S MOTION TO EXCLUDE UNRELIABLE EVIDENCE (PLANT OR ROOT GROWTH). To keep confusion to a minimum, this post will strictly address the contempt motion and the what, the whys and the hows. How and why did the defense let another deadline slip by? My God, what were they thinking?

A LITTLE BACKGROUND

To say that Assistant State Attorney Jeff Ashton is hot-headed and impatient is sometimes an understatement. He’s also a stickler for detail. Trust me, I’ve had plenty of opportunities to observe him in the courtroom. However, my intent is not to denigrate him in the least, because, at the same time, it’s his convictions and close attention to detail that make him so good at what he does; and every defense attorney who’s ever crossed his path should be well aware of the fact, especially the likes of Cheney Mason, with many years of criminal defense experience under his belt. Ashton is just not going to let things slip by. He’s sharper than a knife. Besides, it’s the job of the prosecution to slam dunk any defense whenever it can in order to achieve justice for the people; especially in this case because of the here and now, the age and innocence of the victim, and the nature of the crime. They don’t charge people unless they think there’s enough evidence to convict. Of course, all crimes are worth fighting and this one is no different, but a prosecutor’s objective is quite clear; JUSTICE, JUSTICE, JUSTICE. A courtroom is a battleground, and it’s up to both sides to keep the opposition on its toes. So far, the State has done an excellent job. The Defense? Well, that’s another story.

By now, most of us would acknowledge that Jose Baez came to this case quite green and wet behind the ears. Cheney Mason, on the other hand, had been around. His Website states that he began his private practice in 1971 after admission to the Florida Bar. That’s 40 years ago. He’s been in Orlando all this time, so he should recognize most of the quirks and traits of district court judges and assistant state prosecutors. He’s no novice in the courtroom, in other words, but from what I have seen and heard thus far from several powerful attorneys and my own careful observations, he is more of a legend in his own mind than he is for real. That’s not to say he hasn’t had his moments, but as much of a leader as he is supposed to be, I haven’t seen it factor in quite yet. To make clear his role in this case, and Jose should understand this because of his naval background, Mason is the seasoned admiral and Baez is at the helm. Just because an admiral boards a ship doesn’t mean he takes control of the vessel, in this case the SS Casey. Baez is the commander until he’s relieved of duty, and that’s not going to happen.

I think it’s safe to say that, from the onset, the defense has had a rough go of things and it goes way deeper than many of the superfluous motions that have been filed and other errors in judgment. Let’s face it, whoever took the mantle was going to be the target of attacks from a hungry public hell-bent on justice. It’s the nature of the beast, and we all know the natives were restless from day 1 and still are. There will be no let-up until Casey is convicted. That’s a given, so no matter what the defense team does, they’re forever wrong. Since Jose is always the fall guy, I’m going to look into the contempt motion through as neutral a stance as I possibly can and let you decide.

CONTEMPT! CONTEMPT! CONTEMPT!

Both of the defense motions requesting Frye hearings were filed on December 30, 2010 - seven weeks before the contempt motion. To be succinct, they have been firmly in the hands of the Ninth Circuit Court since that date. Now, if I filed motions, I reckon it should be a safe bet that unless I make changes, those motions might stand. Stet is the Latin word for it. If I am given an opportunity to make changes and I don’t, why would I ever have to refile the same, meaning identical, motions? In his query to the court after the deadline passed and Ashton called him on the carpet, Baez wrote:

Jill:

Can you please ask the Judge the following:

We are a bit confused.  Mr. Ashton just asked me about my objections to Frye. When I read the order from the status hearing. I understood it to mean that if we were objecting to anything not in our motion that it should be in writing, that was also my understanding as to what was discussed at the status hearing.  I have also discussed the matter with Mr. Mason and he is just as confused if not more.  Our objections are clearly laid out in our motions.  If I had any other objections I would raise them after reading the State’s response but they have not filed one yet.  If the Court is requesting that we do something additional we would like to be heard in chambers to clear up the matter.  Otherwise I think the logical choice would be to wait until the State files their response, so that we can be even more specific as to the issues to be heard.

Sincerely,

Jose Baez

For sure, this is a major failure to communicate, but if we extrapolate, meaning to infer from what we know to be true, there’s an obvious snafu - we are left with a badly confused, ridiculously muddled, situation. BOINK!

Once again, the defense should realize by now that the prosecution is going to jump at the chance of a legal mistake. We have seen it time and time again, and in his contempt motion, Ashton strongly reiterated what the judge said in his order; “… including, but not limited to, those objections previously addressed in the motions.” That’s as clear as day.

Here is where the defense failed to grasp the wording and follow the judge’s edict. Do I understand what went wrong? Of course I do. The bottom line was that the defense interpreted paragraph five as meaning, if there are no changes in the first motions we filed, why file them again? Why not wait until the State files its rebuttal motions and then refile them? Clearly, the defense noted its intent in the original motions, including ISSUES UNDER FRYE and LEGAL ARGUMENTS. To send the same thing over again would be redundant. I concur. However, and that’s a big however, that doesn’t mean the defense is blameless and should be let off the hook. At the same time, should the judge hold the defense in contempt of court? There are a lot of things involved here. The prosecutor is quick on the draw. The defense must know this. The judge is getting sick of the mistakes, too.

Judge Perry made it quite clear in his order, but I believe it could have been written more concisely, given the propensity of this defense to become addled and not follow directions to the letter of the law. When I read and reread the paragraph time and time again, I could see where the defense misinterpreted it, but the following are my words:

If we are going to make any changes to the original motions, then we must rewrite the entire motions and not just attach addenda to the first ones as separate documents. We should wait until the State files its rebuttals, too, then rewrite the entire thing.

Unfortunately, that’s not at all what the judge asked for, and what it tells me, once again, is that the defense is not following up; it’s not paying attention to detail and here’s why - Had I not completely understood what the judge wrote, and I can see where it could be a problem, I would contact his assistant right away for clarification. That’s the first and right thing to do. Hey, Judge, do you mean to file them again even if we have no changes? I mean, after all, we aren’t going to make any changes until we hear from the State.

The only thing is, the State DID file rebuttal motions on February 15 and I said so in my very own paragraph number five. They are the MOTION TO STRIKE DEFENDANT’S MOTION TO EXCLUDE UNRELIABLE EVIDENCE PURSUANT TO FYRE (CHLOROFORM) and the MOTION TO STRIKE DEFENDANT’S MOTION TO EXCLUDE UNRELIABLE EVIDENCE (PLANT OR ROOT GROWTH). That gave the defense two days to reply or to call the SAO or the judicial assistant for direction. Was that enough time? The judge will decide, and he will have to weigh this new MOTION FOR RULE TO SHOW CAUSE because, in my opinion, it could go either way. Judge Perry must be getting tired of the Mickey Mouse antics of the defense, but he also knows the team is up to its ears in complications, and when the more experienced attorney is more confused than the lesser, well, what more needs to be said?

The Teflon Judge

During the closing remarks of the final presidential debate between then candidate Ronald Reagan and President Jimmy Carter, the GOP hopeful asked the nation a simple question, “Are you better off now than you were four years ago?” As simple as it was, the query was powerful and poignant enough to resonate deeply within the minds of the American people, who went on to elect Reagan as our 40th president. The rest, they say, is history.

Today, just over 30 years later, I’d like to ask Casey Anthony’s defense team, particularly Jose Baez and Cheney Mason, a very similar question. Are you better off now than you were one year ago? Actually, by the time Casey goes to trial, by that I mean sitting in the courtroom facing a jury, precisely 2 years and 11 months will have passed since Caylee was last seen alive. For the first month, Casey was living la bella vita, although it was probably more la vida loco, until she was stopped dead in her tracks by her own flesh and blood; her mother. From there, it quickly plummeted from a lofty peak to the depth of the deepest ocean. I’m only interested in the past year, though. A lot of serious changes have taken place. One year ago today, Judge Stan Strickland sat firmly on the bench. Did the defense do the right thing by filing the motion for his recusal?

On January 25 of last year, Casey pleaded guilty to 13 third-degree felony fraud charges. She threw herself at the mercy of the court and came out a convicted felon, but ultimately, she was given no more time behind bars. Judge Strickland sentenced her to time served. In my opinion, that showed how fair, just and lenient - yes, lenient - he was. He could have slapped her silly, and the defense might have taken that punishment as a good sign; what to look forward to from this judge down the road. Instead, they threw caution to the wind. As a matter of fact, two days later, I wrote on my The Wisdom of Solomon post:

Judge Strickland gave the defense an opportunity to challenge the charges. We can discuss the lack of brevity or the levity of the arguments, but let’s cut to the chase – it came down to the judge. First, it should be noted that Casey had no prior convictions and she did make full restitution and Baez did bring up “equal justice” for his client. He asked for one year of probation and credit for time served, rather than the five years of incarceration the State sought. In the end, His Honor sentenced the 23-year-old Casey to (jail) time served – 412 days – plus $5,517.75 in investigative costs and $348 for court. The amount may be discussed and negotiated at a later motion hearing because the defense found the investigative charge too high and not justifiable. He also adjudicated Casey guilty on six of the fraud counts and withheld adjudication on seven, plus he tacked on a year of supervised probation, which could be problematic and complex later on, given that she still faces a huge mountain of charges ahead.

I finished the article with:

This was a sign of things to come, and what I saw was a very compassionate man behind the bench.

In his ruling, the judge wrote:

“I’ve done what I thought is fair based on what I know.”

One year ago, on February 12, I wrote on Why Casey Pleaded Guilty to Fraud:

Personally, I think the defense risked it all and I think it was the right call. Aside from any appeals, which she would lose had she gone a different route, she took her chances with a well-respected judge; one with a very fair track record. The Honorable Stan Strickland is not a hanging judge and odds were, he was going to mete out some fair medicine, certainly after she swallowed all 13 bitter pills.

What went wrong after that? Clearly, everyone knew that Judge Strickland was fair. Some argued too fair. Meanwhile, the defense filed motion after motion and in most cases, the judge denied them, but he based his decisions on case law, something somewhat alien to the defense as we have seen time after time.

It’s a fact no one can deny; that Judge Strickland heard the most motions this defense has filed to date. In the more than 20 months he held court, he judged wisely, and it is because of his focus and direction that this trial has stayed the course. Last January 25, the State submitted its NOTICE OF FILING that included a PROPOSED ORDER SETTING DISCOVERY, MOTION and HEARING DEADLINES and TRIAL DATE. On March 5, the judge responded with his AMENDED PROPOSED ORDER SETTING DISCOVERY, MOTION and HEARING DEADLINES and TRIAL DATE. I strongly recommend that you read Judge Strickland’s order. There, you will see all of the deadlines and a trial date of May 9, 2011. The State originally wanted May 2, but the judge accommodated Andrea Lyon, whose daughter was to graduate college that week. It is of importance to note that Judge Perry is following the schedule set by his predecessor. As a matter of fact, he has allowed deadlines to come and go, and in some instances, has reset them, primarily for the defense. In any event, this trial has been on schedule since the date was first set by Judge Strickland and it’s important to remember that. Today, Andrea Lyon is long gone and Judge Perry could have readily reset the date back to May 2. He didn’t.

Judge Strickland scheduled an indigency hearing for March 18, 2010. It was at that hearing that J. Cheney Mason made his debut. I remember it well because it was almost comical as he made his grand entrance outside the courtroom doors. While awaiting to enter, we all stood there. As he approached with Baez and Lyon, one journalist asked him if he was joining the defense team, to which he responded, “I will be in about five minutes or so once the judge arrives.” The comical part was that I had never seen so many thumbs tap away on cell phones. Tap, tap, tap. Text, text, text. It was the big news of the day up to that point. Of course, we remember the discourse between the judge and Mason:

If you watch the video, you’ll see I said to “Stay Tuned for Round 2!” Of course, the second round was a knockout blow to the judge, but did the defense really win anything? Well, yes. Sort of. The judge did grant Ms. Anthony indigent status, but everything went downhill from there. After a series of motions¹ denied by the judge, this defense showed how disgruntled it was with Strickland by filing the ridiculous motion on April 16 for him to step down. The DEFENDANT, CASEY MARIE ANTHONY’S AMENDED MOTION TO DISQUALIFY TRIAL JUDGE (amended version refiled Monday to correct expired notary) was filed at 4:48 pm on a Friday afternoon and it left the judge and myself incredibly shocked in what turned out to be a very bad, and I mean a VERY BAD, weekend to agonize. Of course, the people who matter in this (what I would call) legal fissure were quick to assure me it wasn’t my fault; that it was purely a defense strategy. In any case, the point of this article is not to argue the merits of the defense strategy as it relates to me, it’s all about whether or not this was a move in the right direction for the defendant. I must say that to a person, I was told, “Be careful what you wish for” in reference to the defense, and those words came from professionals in every field that had an element of interest in the case - journalists and attorneys, civil and criminal. It was a bad move.

What came down was simple and I’ve mentioned it before - Cheney Mason decided to throw his weight around the courthouse. By that, I mean he thought he had some big brass chips to trade in to get the judge of his choice; one who would be more inclined to remove the death penalty and be more amenable to his motions. I also know that the entire courthouse was stunned when the defense filed the motion to recuse. Strickland was (and remains to this day) one of the most respected judges on the circuit court. As a matter of fact, he’s highly regarded throughout the state. What Mason did was blow a circuit breaker. In the end, and there are things I’d love to discuss but won’t until the trial is over, Chief Judge Belvin Perry, Jr. had no choice but to take on the case. No other judge wanted it and his docket was not as thick. It’s called a backfire.

Today, after the defense changed horses in midstream, is their defendant better off? Let’s see… many of Judge Strickland’s orders were left with the door ajar. In other words, they were ordered without prejudice, which means they could change some of the language and refile the same motions, which is exactly what they did after Perry took over². Did the judge overturn any of Strickland’s decisions? Not a one. Nothing. Zip. Zil. Nada. Do I feel subsequent motions ruled by Perry would have the same outcome today had the defense stayed the course? Yes, absolutely. Strickland did not become a reputable circuit court judge by making many mistakes. As I’ve also stated many times, the defense went from Strickland to stricter.

COMES NOW, the recent defense motions denied by the presiding judge:

• The motion to exclude testimony that Casey had a history of lying and stealing. The judge wrote the State successfully argued that getting caught lying and stealing by her relatives may have provided a motive to rid herself of the financial and social burden of raising a young child. Also, the lies are inextricably intertwined with the evidence of the defendant’s activities between June 16, 2008 to July 15, 2008. “Evidence of a defendant’s collateral acts is not admissible to show bad character or a propensity to commit the crime charged,” wrote the judge in his ruling. “However, the state may be able to introduce evidence of collateral acts – such as lying or stealing – which are inextricably intertwined with the crime charged if necessary to adequately describe the deed, provide an intelligent account of the crime charged, establish the entire context out of which the charged crime arose or adequately describe the events leading up to the charged crime.”
• The motion to prohibit the use of references attributed to her Myspace Diary of Days. The defense argued that her posts weren’t relevant and that they were unfair to use at trial. The State countered by saying the posts were inconsistent with a mother actively looking for her kidnapped daughter. The judge wrote, “It is relevant to show the defendant’s state of mind during the time when Caylee Marie Anthony was missing and ultimately, when it was determined that she had died. The weight of this evidence is a matter for the jury.”
• The motion to exclude testimony from the neighbor, Brian Burner, who Casey borrowed a shovel from him. The judge decided, “There is nothing inherently prejudicial about borrowing a shovel, nor is a shovel ‘gruesome’ evidence that would tend to inflame the passions of the jury.”
• The motion to disallow jurors from learning about the La Bella Vita tattoo Casey got on July 2, 2008, roughly 2 weeks after Caylee’s disappearance. The judge wrote, “There is nothing inherently prejudicial about tattoos, which are increasingly prevalent among the population, nor is this particular tattoo likely to inflame the passions of the jury. Thus, the potentially prejudicial effect of this evidence does not outweigh its potentially probative value. It is relevant to show the defendant’s state of mind during the time when Caylee Marie Anthony was missing and ultimately, when it was determined that she had died.”

I don’t think I need to mention the impatience of Judge Perry with this defense. We have all seen it live, up close and personal. Come hell or high water, there will be no delays. More motions will be filed. The court must address some outstanding ones, too, like the one to exclude any references of the decomposition odor coming from Casey’s car. The motion also makes note of statements made by an Oak Ridge National Laboratory official who described chloroform levels recovered from a piece of  carpet removed from the trunk liner.  There’s also the matter of the stain in the trunk and whether it was organic in nature. The FBI could not make a determination, but Oak Ridge wrote that it showed the presence of “volatile fatty acids consistent with the byproducts of decomposition.” Once again, I’m afraid the judge will rightly allow the jury to hear arguments from both sides.

As I’ve said a hundred times, a good defense will throw everything in its arsenal at the wall in hopes that something sticks. I must say I can’t blame them, but in a sense, Baez & Company remind me of the Democratic party under Ronald Reagan’s reign, at least during his first term. He was given the nickname the Teflon President by the media because nothing seemed to stick. In his administration, it dealt with scandals, but in Judge Perry’s court, it’s all about defense motions. No matter what they file, there isn’t much that sticks. If I were Casey, I’d be nervous right now. Her defense seems to be moving from the frying pan into the fire, and that’s no recipe for success.

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.

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. McCrary, was 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.

...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 restricted, deferred, 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.

Nunc pro tunc no slam dunk

In Latin, nunc pro tunc literally translates into “now for then.” In other words, retroactive. Chief Judge Belvin Perry, Jr. listened to several matters brought up at the hearing held on October 29, including issues over funding that dated back to May, hence, nunc pro tunc. Four days later, on November 2, the judge delivered his ORDER ADDRESSING RETAINMENT AND PAYMENT OF EXPERTS, INVESTIGATORS, MITIGATION SPECIALIST, AND OTHER COSTS. Written in chambers, without bravado and with his usual brevity, it addresses three separate motions filed earlier by Casey Anthony’s defense.

MOTION ONE

On September 30, Ann Finnell filed the Motion to Determine Reasonable Budget for Due Process Costs in a Capital Case and Motion to Incur Certain Specified Costs. A long-winded title, indeed, that came with a short reply from the judge on each specific element. Casey had requested authorization for anticipated costs for the penalty phase, if this case ever truly reaches that stage, plus mitigation costs addressed previously in an order dated May 12, 2010 nunc pro tunc to May 6, 2010.

Private Investigator

The defense asked for the authorization of a $5,000 cap on the use of a private investigator “to provide services for the penalty phase such as locating and interviewing mitigation witnesses, documents, and other relevant evidence.” Judge Perry reserved judgment and told the defense to submit an itemized list, by November 5, of the investigative services needed to support the request. It sounds reasonable enough. After all, one of the key points the judge made at the hearing was that he was not going to write an open check.

Psychiatrist or Psychologist

Here, Casey’s defense asked for the authorization of a $7,500 cap “for services by a licensed psychiatrist or psychologist to examine and conduct forensic testing on Defendant, to render an opinion regarding cross-examination of any State expert, and if needed, to testify at the penalty phase.” The court granted this part of the motion, but set the cap at $2,500 for pre-trial services at JAC rates. Please note that this is pre-trial work and not money going to a possible penalty phase. That money will be addressed at a later date the judge left unclear. I also get the feeling the defense may be able to ask for more if needed, although there was no mention in his order.

Copying Costs

The defense asked for a $1,000 cap to cover copying costs during the penalty phase. Think Xerox. The judge gave them $500 at the approved JAC rate. When the judge asked Ms. Finnell whether that amount would work, she said it most likely would. She didn’t sigh, in other words, or beg for more.

Mitigation Specialist

Casey wanted the court to authorize an additional 100 hours for services of the mitigation specialist, Jeanene Barrett. The court granted her request in full - 100 hours to be provided by Ms. Barrett or another in-state investigator at the JAC rate of $40 per hour. That gives her $4,000 to work with at the full rate. Can she request more? Probably, but the judge wants everything to be itemized and explained.

Attorney Travel Expenses

Ann Finnell wanted a $4,000 cap for expenses she expects to incur as she travels back and forth between her office in Jacksonville and Orlando. The amount covered anticipated trips to and from Ft. Myers. George has family there. Despite public arguments over whether Jeanene Barrett has already been there, done that, it’s moot and nothing more. The judge denied the request because of JAC policies and procedures, and the earlier court ruling entered May 12, 2010 nunc pro dunc to May 6, 2010. This means the order is retroactive to May 6. No money, honey.

Travel Expenses for Investigator or Mitigation Specialist

Casey requested the authorization of a $1,500 cap on travel expenses for one investigator or one mitigation specialist to journey to Ohio to obtain records and interview potential witnesses. At the hearing, Judge Perry said to use the telephone wherever possible, and/or to try to hire someone within the state of Ohio who will work at JAC rates. That would save Florida a lot of money on round-trip airline tickets. Here, he reserved any ruling until the defense can offer reasons in support of their initial request. Explore the options first. Whatever the defense can figure out, the judge will meet with them in camera in order to shield the strategy from the prosecution.

Attorney Travel Expenses for Trial

The defendant asked the court to authorize payment of Ann Finnell’s anticipated travel expenses to attend the trial commencing in May of 2011. The judge had no choice but to deny the request because of JAC guidelines and the earlier order entered May 12, 2010 nunc pro tunc to May 6, 2010.

MOTION TWO

Motion for Additional Hours of Investigation (guilt phase)

On October 25, Jose Baez filed a motion on behalf of his client. He asked the court to authorize an additional 300 hours for in-state investigative services in order to “continue investigating the evidence alleged in the State’s on-going discovery.” Of course, this request was above and beyond the hourly cap addressed during the May 12 nunc pro tunc to May 6 approval. What he ended up with this time is not what he asked for, though. The judge granted an additional 60 hours to the tune of JAC’s $40 per hour rate. Instead of $12,000, he ended up with $2,400. For now. Although not stated in the order, the judge did leave the door open for additional funds later on, if the need arises and the defense can account for every single dime.

MOTION THREE

Motion for Clarification of the May 12th Order regarding both Travel Time and Reimbursement for Travel Expenses and Mileage of Out-of-State Experts, Mitigation Specialist, Investigators, and State Experts

This is in response to a motion filed by Jose Baez on October 25 “because the order entered on May 12, 2010 nunc pro dunc to May 6, 2010 did not specifically address the travel time and expenses incurred or anticipated for these persons. Accordingly, clarification is needed as to the authorization for payment of such costs” according to the order. The court granted this motion, nunc pro tunc to May 6, 2010, and authorized “the payment for travel time and reimbursement for travel expenses and mileage of out-of-state experts, the mitigation specialist, investigators, and state experts at the JAC approved rates and in compliance with JAC’s policies and procedures in this motion and its attachments.” In the May 12 order, ORDERS ADDRESSING MOTION TO SEAL RECORDS RELATED TO THE JUSTICE ADMINISTRATIVE COMMISSION/RETAINMENT AND PAYMENT OF EXPERTS, INVESTIGATORS, MITIGATION SPECIALIST, AND OTHER COSTS/RECONSIDERATION OF DEFENDANT’S REQUEST TO WAIVE APPEARANCE AT CERTAIN HEARINGS/PROCEDURES FOR FUTURE MOTIONS… hold on, I need to catch my breath after that one… the judge addressed many areas of the defense’s earlier motion. I’m not going to go over every aspect of it. This is merely to sort out the reason Judge Perry had to take another look at his order and why he decided to respond now. In essence, the earlier order listed the approval and caps for each individual he cited, but omitted travel expenses:

• Dr. Henry Lee - Criminologist Expert: A cap of 8 hours for in-court services and a cap of 25 hours for out services.
• Jeanene Barrett - Mitigation Specialist: 384 hours for services.
• One investigator (in-state): 300 hours for in-state services.
• One Investigator (out-of-state): 100 hours for out-of-state services.
• One K-9 Expert (out-of-state): 20 hours for services.
• One postmortem hair banding expert: 20 hours

For the following experts, caps as to the number of hours to be incurred has not been determined. Therefore, the judge ruled that they shall be approved by subsequent order:

• One forensic entomologist (out-of-state)
• One forensic anthropologist
• One forensic botanist (out-of-state)
• One forensic pathologist (out-of-state)
• One digital computer forensic expert (out-of-state)
• One DNA expert (out-of-state)
• One forensic chemist (in-state)
• One forensic chemist (out-of-state)

Also in that order, he found that the following experts were not relevant and necessary to provide Casey with adequate representation:

• Jury consultant (denied with prejudice)

I recall the judge saying at the motion hearing that Cheney Mason is a qualified jury consultant and that was enough. This was also before Ann Finnell came along.

• One additional DNA expert (denied with prejudice)
• One additional forensic botanist for consulting only (denied with prejudice)
• One additional forensic Biologist for consulting only.
• One trace evidence expert (denied without prejudice)

With prejudice is another way of saying forget about it. It’s a done deal. Without prejudice means a motion can be re-addressed later by taking on a different tack, or by rewriting an incorrect motion, or because - as is the case here - the defense needs an opportunity to decide whether Dr. Lee can provide the trace evidence services. If not, counsel could then request approval from the court for someone else.

• One taphonomy expert (denied without prejudice) to allow defense counsel to request a Rogers hearing.

In my unqualified opinion, a Rogers hearing (in this instance) may be requested if the defense’s expert opinion testimony is incomplete. Taphonomy, from the Greek taphos (death), is concerned with the processes responsible for any organism becoming part of the fossil record and how these processes influence information in the fossil record. Many taphonomic processes must be considered when trying to understand fossilization. See: Taphonomy

• One cell phone expert (denied without prejudice - to determine whether this expert is needed after the state’s expert is deposed.)

In his May 12 order, the judge granted a cap of $3,500 for the costs of public records requests and denied all travel costs incurred by defense counsel, meaning attorneys only, but it didn’t address travel costs for experts. What the judge needed to clarify to both the defense and the JAC is what JAC will be held responsible for paying. In its own response to the defense motion, JAC did not make that clear. At the same time, the official JAC Expert Billing manual states that:

“Experts may not bill for time spent traveling on a case unless an hourly rate has been established by law or a court order for the travel time. Generally, travel time is not reimburseable.”

In this case, the judge did not establish an hourly rate, but the JAC manual does address a mileage rate for reimbursement of $.0445 per mile when out-of-county experts travel more than 50 miles. Will the judge set an hourly rate for the experts’ travel time? The order did cite attachments, which were not released to the public as far as I know. The answer may be in those documents.

Personally, I can’t imagine a better judge when it comes to knowing law. And I wouldn’t hold my breath if I were the defense, expecting him to flub somewhere down the pike. As much respect as I have for Judge Strickland, Judge Perry has a clear docket, and that translates into one important thing: He’s got more time on his hands to make sure this case is handled by the book. That means less things to consider upon appeal. Of course, that’s only if Casey is convicted. Meanwhile, stare decisis et non quieta movere.  The defense must maintain what has been decided. In other words, it cannot alter the legal principle under which judges are obligated to follow the precedents established in prior decisions. That’s why the judge denied the defense counsel’s Motion for Reconsideration that dealt with the previously rendered denial of its motion to seal jail logs, including commissary records and telephone and visitation logs. Oh, I could go on, but that one’s for another day.

Revolving Doors

In a case of what goes around, comes around, I wrote a post about James Thompson and Walmart last year, on October 8. Titled Does Not Compute, it focused on his description of running into Casey and Caylee at the Casselberry Walmart store on June 16, 2008, while on his lunch break. Normally, I would jump at the chance to find evidence proving that Caylee did not die sometime during the night of June 15, which has been the theory of many, but my goal was to just validate some things he claimed in his police report.

In my post from last year, I wrote this about Casey and Caylee:

If you recall, Thompson wrote in his statement to the Maitland Police Department that the two of them came into TechBay, his computer store, around June 9 of last year. He also wrote that he ran into them at the Casselberry Walmart store on June 16, the day after Father’s Day. This was the last day Caylee was seen alive according to law enforcement and state prosecutors. How fascinating, I thought. I live in Casselberry and shop at that particular Walmart. Not only that, but his computer store is in Maitland, right down the street from me on US 17-92. This was well worth looking into.

One thing immediately puzzled me. In his report, Thompson wrote that Casey was exiting Walmart around lunchtime, with Caylee lagging behind, while he was entering; yet Casey’s cell phone was nowhere near there at that time according to pings. She was at her parents’ house or very, very close by. Something was not computing in my head. The Casselberry store is 15 miles away,¹ while the closest one is less than half that distance from her house.² Both are on Semoran Blvd. Why would anyone go out of their way at lunchtime, especially when cell phone pings prove otherwise? Initially, I thought that, perhaps, her battery was dead, there were none available at the nearer Walmart, and an employee sent her up to the other store. But then, I went back and scrutinized her cell phone records and concluded that she chattered throughout the day except for about an hour, and it wasn’t until after 4:00 pm that she began driving north from Hopespring Drive.

So far, his story could be questionable because cell phone pings absolutely proved otherwise. There was no way Casey was in that vicinity at lunchtime, but lunchtime can be vague. In his police report, he wrote:

“Casey Anthony was coming out one of the interior Walmart doors as I was coming in. I recognized her immediately from the week before because she was the pretty girl who came into my store… At first I didn’t see Caley [sic] with Casey. I was going to ask Casey if she bought a monitor yet, but then I saw Caley in the background walking by herself about 10 feet behind Casey and having to open the big Walmart door by herself. The little girl looked angry and had a determined ‘I can take care of myself’ look on her face. I specifically remember feeling sorry for the little girl having to open the door by herself and wondered why her mom wasn’t helping her…”

Remember now, this is copied verbatim from James Thompson’s sworn police statement. I continued on my October post, after I had the opportunity to speak to him:

I asked him if he was sure he saw them on June 16. He was absolutely positive. I mentioned that on his written statement to police, he stated he saw Casey and Caylee at lunchtime, but on his interview with Bob Kealing on WESH, he said it was around 4:00 pm. That’s a big difference. He shot right back, though. He said when you own a store, lunchtime could be 4 o’clock. OK, I guess, maybe, in a stretch, but what about the doors that open outward? I told him I was over there last week shooting video and those doors slide sideways. He said this happened a year and a half ago. Actually, it was a year and four months ago, but I didn’t correct him. I asked him if the doors had been changed since then. He said, yes, there was a lawsuit over the old doors.

True, there was a lawsuit, but it wasn’t at that store. It took place years ago and it’s one of the reasons why Walmart changed their doors everywhere. To make a long story short, I proved that Walmart had sliding doors in place before June of 2008 from solid research on my part, and backed that up after one of my commenters supplied a link to a video of a gentleman walking to that precise store. No internal doors, either, and it seemed to have debunked his story. No cell phone pings registered near that store until 6:32 PM on the 16th, well after lunch, whether it was a noon lunchtime or 2:00 PM or 4:00 PM, which was conveniently changed in his rebuttal comments as I produced more information.

On October 10, James Thompson filed a lengthy comment on my blog. It was a privilege to publish his response and I must give him credit for that. He wrote, “Remember, I was an Officer in the Military and completed over 185 JAG investigations myself so I have an excellent memory and attention to detail better than most. My vision is 20/20 or better and I am smart so I know what I saw no doubt,” only there were too many discrepancies. You really should go read his response, but one thing he made very clear was that, “I only shop at the Casselberry Walmart so it couldn’t have been anywhere else.”

This leads me to a piece of evidence that was released in the latest discovery, and it’s rather intriguing. Someone I know felt it was important enough to e-mail me news that Casey did, in fact, write a check at Walmart on June 16, 2008. HUH?! You bet that’s important, and sure enough, I saw it for myself, but unfortunately, there’s no time stamp. All we get to see is Cindy’s bank statement showing that a check was written at store number 3782. In early June, one was also written at store number 1084.

Here’s the problem with store number 3782. It’s not the Casselberry store where James Thompson insisted he saw her. That’s store number 943 and it’s much farther north. Store number 3782 is located on Goldenrod Road, near Lee Vista Blvd., and very close to the Anthony home, where Casey’s cell phone WAS pinging until late in the afternoon. Based on my research, Casey could have easily “killed” time there while allegedly waiting for her father to leave the house. I have no proof of anything else other than cell phone pings. Of course, there is one other possibility - that it was Cindy who wrote the check.

My job is to bring you the truth, however it turns out. I have every right to investigate and question anyone I please in this case. I would never accuse James Thompson of lying because I didn’t get the impression he was. Instead, I feel he may have gotten his facts confused, and I pretty much settled it. To his credit, James wants justice for Caylee as much as any of us, but I would much rather the state have a credible witness on their side; one that the defense couldn’t rip to shreds over inconsistencies. If Caylee was seen alive at 4:00 PM or later on the afternoon of June 16, the state’s case will be on shaky ground. That means she was alive and alert, and she would have to have been killed around dinner time and in a very populated area. Rush hour. It would also prove that cell towers are liars.

♦

I urge you to read the two posts about James Thompson. I would strongly recommend that you read the comments, too. Below are two videos; one I shot of the store and the other one an unsuspecting young man’s video that proves no interior doors existed when Thompson claims they were there. No doors to push, either. Below those two are parts 1 & 2 of the drive time from Sutton Place, where Anthony Lazzaro lived, and the Casselberry store.

One final thought… In the latest dump, you see a lot of checks written to Target. Someone asked me why Target would cash checks like that. I called the Casselberry store because, like the Casselberry Walmart, that’s the Target where I shop. I told the nice person on the other end why I wanted to know and she promptly asked for my autograph. Just kidding. She told me it’s company policy to not ask for IDs unless the individual clerk finds a reason to. As long as the check is clean and it clears, the store accepts it without asking for identification.

The following video was shot in January 2008:

Two more to watch:

A lot of lawyering, a lot of frustration

I arrived at the courthouse about a half hour early, early enough to breeze through security and go up to the 23rd floor. That afforded me ample time to have a good conversation with one of the senior reporters covering this story before others arrived. We talked about several issues related to the case, and one of the topics dealt with journalists and bloggers. There are a lot of crazy nuts out there, this person said, and because of where he and other media people work, be it a newspaper, network or local TV, cable or radio, there is a shield that protects them from harassment and stalking. Not so with bloggers. Bloggers are out in the open and ripe for attack, especially if they identify themselves like I have. In this, there’s no envy; instead, it’s more like a bit of empathy and compassion. Earlier this week, a letter was received by the court via U.S. Mail that attacked this blogger and the media folks were aware of it; some, but not all. It’s safe to say it went absolutely nowhere except the file that holds all correspondence related to this case, such as the letter from Joy Wray sent to Judge Stan Strickland before the nut jobs came out en masse. Fortunately, media people recognize when something is newsworthy, when it’s junk, and when to never give psychos their day in the sun. That letter came straight from a psycho; too cowardly to sign a name, let alone a real one, as if it would have mattered in the least. This is the type of correspondence that never makes its way to a judge. Instead, it collects dust in perpetuity.

Red Huber walked in and sat down in a chair. There are sofas and chairs outside the courtroom, more so on the 23rd floor, for people to relax before or after court proceedings. Sometimes, attorneys are interviewed there. I asked Red about cameras in the courtroom. He said he was the official photographer in the media pool, meaning that he is the only person who has a hand-held still camera. It’s quite a fancy one, I might add, but he is an incredible professional. I asked him about cell phones. He told me he caught an unnamed TV journalist holding up an iPhone (or something similar) while a hearing was in progress. He called on a deputy and the deputy warned the person that if something like that ever happened again, they would be barred from the courthouse. Red Huber is very proud of his work, and rightfully so. Imagine a low-res cell phone image plastered on a station’s Web site. That would have gotten the network affiliate in a bit of hot water because it’s not something Red would ever take credit for.

The media folks were called to file into the courtroom and as we did, the reporter said blogs are becoming more interesting and pertinent, and he makes it a point to read them, including mine. It’s part of the job now. That was encouraging.

We entered the courtroom before any of the attorneys, so when they meandered in, all at once, we said our hellos to both the prosecution and defense. I had a good feeling that Ann Finnell would make her debut and she did. I think it’s important to remember that the opposing sides seem to only be that way in the courtroom, not that they do an awful lot of socializing together outside, but I sensed a more relaxed attitude and an almost warmth that dissolved once the sides took to their stations and donned their battle gear, which was nothing more than notebooks and pens. Oh yes, this is the 21st century and I know Jose has an iPad. One of the first things I noticed was that video monitors all around the courtroom were turned on for a change. That was great because it afforded us a good view of the proceedings. In some of the video footage you got to view, you probably saw some of us looking up. That’s why. They were hung above us. We could actually see the faces for a change.

When Casey walked in, flanked by officers of the court, she was noticeably thinner. Her hair was pulled back tightly in a bun and she seemed to have a sad, blank stare, from what I could see before she sat down and faced forward. Within a minute, George and Cindy shuffled in and took their seats in the second row. Their attorney, Mark Lippman, sat directly in front of me. Cindy wore a burgundy colored blouse that complemented George’s lavender colored shirt.

Chief Judge Belvin Perry, Jr. arrived on schedule, although I was a bit disappointed he was 4 minutes early. Oh well, my late Grandfather Landis was always punctual, and like him, sometimes early. God knows, I’d rather be early than late.

The judge wasted no time getting the hearing under way. The first order of business was the MOTION FOR RECONSIDERATION. Jose stood and walked to the podium. This is a motion Casey’s defense has fought for more than once, and it’s been shot down each time. Today was no exception, but I sensed a little more desperation in Jose’s voice. It was either that or a combination of frustration and exasperation. Personally, I don’t care what Casey eats from the commissary. I don’t fret over her personal mail and phone records, but inquisitive minds want to know, and because it’s the law, there’s no bending it - or in this case, Bent, as in Bent v. Sun Sentinel. Jail records are under the control of the legislative branch, not judicial. This time, Jose spent the brunt of his argument on mail from family, friends and strangers. He cited the case of the city of Clearwater (City of Clearwater, 863 So. 2d at 154) where it was deemed that private e-mails stored on a government computer are not automatically public record. In other words, private documents are not necessarily public record by virtue of their placement on an agency-owned computer.

OK, fine, but there’s more to it. When the attorney for Orange County Corrections got up to speak, she stated that she was merely there looking for clarification; that the county had no real dog in the fight, but she saw a problem. Here is where I have seen the defense go in the past, and it’s one of the reasons why some of the motions are lost, in my opinion. The county objected to the mail issue because the motion didn’t request it.

The Orlando Sentinel attorney then took center stage. One of the questions I posed to Red Huber before the hearing began was about this motion. I asked him if this was pooled, too, so all media outlets would share in the costs of any and all proceedings. He said, no, this is solely the Sentinel’s job. The attorney reminded the Honorable Judge of his ORDER DENYING MOTION TO SEAL JAIL VISITATION LOG RECORDS, back on June 7. There, the judge wrote:

The Court agrees with the County that a criminal defendant’s desire to “maintain the confidentiality of visitors” in a high profile case does not qualify as a lawful exemption. As mentioned supra, the Defendant’s Motion does not provide any statutory exemption or legal authority for the Court to “seal” documents that constitute public records.

Instead, the counsel for the defense entreats the Court to judicially create an exemption in this case. The Court is unable to acquiesce. Any exemption from the Florida Public Records Act must originate in the legislature and not by judicial decision.

Friday, Judge Perry took the Bent decision into consideration, but he only denied the Motion for Reconsideration at this time, and those were his precise words, which leads me to think the door is not completely closed. There is no doubt the Bent issue will be argued for years to come, but he did settle the matter of audio recordings. He said he will treat Bent as if it is final. In other words, audio recordings will remain under wraps. All other jail correspondence will be accessible to the public. So it shall be written, so it shall be done.

§

The judge brought up the JAC motion and Ann Finnell stood up and walked over to the podium. She is a rather stately woman, but not statuesque by any means. In my opinion, she appeared to be a quintessential professional, and she was. She had a certain elegance and a homey warmth about her, if that makes any sense. She looked like she would be a wonderful mother, aunt and grandmother, although I know nothing about her personal life. Well, hardly anything.

It was during this back and forth the judge became most animated, although he didn’t direct it at Finnell, in particular. It was the entire defense, but that’s because the course of the conversation really opened up into other areas, such as TES, which had nothing to do with her. Jose and Cheney piped in and it seemed to frustrate her a little. She made it clear she was not involved at all in TES documents at one point, but prior to the confusion, Judge Perry asked her about the 384 hours the court approved for Jeanene Barrett. She said that at least a half to a third of those hours had been exhausted. She said she needed at least another 100 hours. The judge said he wants to first see how the hours had been utilized before giving her more.

He asked her about the 300 hours given for private investigators. This is when Jose responded. He said he needed an additional 300 hours. The judge said he realized some of those hours will remain under seal, but where did they go? Jose said that many TES searchers didn’t want to get involved. The judge was pretty clear about all those searchers. The defense is not to go on some sort of fishing expedition. “You’re not to go drilling for oil when there’s no sign of oil anywhere.”

The majority of searchers were nowhere near the remains. He said he had provided them a special master. They were given the right to read the records and take notes. Jose said the defense had made over 1,000 phone calls and talked to 150 who were in the area. The “area” was confusing because there was no clear definition of what constituted the Suburban Drive vicinity. Cheney Mason said a lot of searchers looked on their own; that they had uncovered people from leads and some people who did not report everything to TES. Even so, some TES records were not clear. He questioned whether Texas EquuSearch kept bad records or whether they hid info on purpose? Here is where the judge made his succinct statement du jour:

“I am not going to write an open check. I am just not.”

Ann may have been rightly frustrated because it was at this point she said her motion was not about TES. It was about mitigation, such as medical history and school records. The judge interjected. “Miss Finnell, I’ve done a few capital cases.”

He turned to Cheney and asked him if he was planning on sticking around for the penalty phase, if Casey’s convicted. Cheney nodded and said yes.

Throughout this exchange, I looked up at the monitor to see the looks on the attorneys faces and that of Casey. Quite clearly, she was shaken. This was, shall I say, a bit more vibrant and enlightening and here she was in the thick of it. Sticking around for the penalty phase. Oh my. She seemed distressed to a certain degree. We’re coming to the end of the year and May is on its way. Time is running out.

When the dust settled, the new attorney continued. She made more requests, and in the end, Judge Perry approved some things and denied others. Her travel expenses from Jacksonville will not be covered. If she wants to send an investigator to Ohio, try phone calls first. There are investigators in that state that will work at JAC rates and not have to fly from Orlando or anywhere else. For each request, he wants to know the reason why he needs to spend taxpayers’ money. He said he’d be happy to take ex parte material into consideration and under seal. (Ex parte is generally a judge meeting with one party and not the adversary.)

The JAC attorney got up and rebutted. He said that the penalty phase funds may be premature at this time, but the judge disagreed. In the matter of capital cases, the cart comes before the horse, he said. With regard to psychiatric evaluation, he awarded $2,500 at this time. He said the standard exam may not be enough at the JAC rate. He approved $500 for copies and an additional 60 hours, or$2,400, for a private investigator. Most of all, he said he remains open for more expenditures, but he needs to know where all the money is going now and where it’s been going.

In several instances, I noticed that the defense does not come prepared. The judge asked how much money was spent on public records, for instance, and Jose didn’t know. At some point, he said something that caused a stir in the gallery. Sitting on the other side, someone roared in laughter. Jose turned to look, but the person was quickly silent and lost in the crowd. In my opinion, this was very rude. This is a murder case and not a joke, no matter what that narcissistic person thought of him. No one should ever laugh in a courtroom unless the judge prompts it. The murder of a child is a very serious matter. To be honest, I felt a little for Baez. The day wasn’t going his way and he told the court of the endless, almost thankless, hours the entire defense has been working. It was their life, and he was emotional about it. It did lighten up, though, however brief.

Judge Perry granted Linda Kenney Baden’s request to withdraw from the case, but not before he asked if there were any objections.

“I liked working with her,” Jeff Ashton exclaimed.

“Pardon?” Judge Perry asked.

“I liked working with her,” Ashton repeated. That brought out a few light chuckles, but here it was a lighthearted statement and the laughter was not made out of ridicule.

“Mr. Baez, it sounds like Mr. Ashton has objected,” the judge retorted.

“Yes, it does,” Baez joked.

§

Linda Drane Burdick asked for and received a 30-day extension on depositions. Some of the witnesses are difficult to track down. The defense is having the same problem. One of the things I’ve noticed about Judge Perry is his flexibility. As stern as he is, he’s very giving and in some cases, willing to bend.

The judge then reminded Ann Finnell that the deadline for listing all penalty phase witnesses is November 30, a mere month away. All of the state’s experts have not been deposed yet and that deadline is November 19. A Frye hearing was brought up. Jeff Ashton said he wants to sit down with the defense and go over what is new and what is old science. A Frye hearing is used to determine if novel scientific evidence is reliable enough to be permitted in court. It can also apply to testimony from psychologists and psychiatrists, not just forensic experts.

There was a brief exchange between Cheney Mason and Linda Drane Burdick that became somewhat heated. It was over some of the TES records still being held by law enforcement. Burdick explained that the defense had ample opportunity to look it over when their experts were in town back in July. Of course, the defense said they had never received property forms or receipts and Burdick begged to differ. Oh, the frustration of it all! The judge gave the defense two weeks to settle the matter. He then asked the state if all evidence had been disclosed. If not, everything must be disclosed by January. This means that there will be no surprises weeks before the trial is underway. The defense should have everything in its hands by the first month of 2011.

Before the judge gave the attorneys a rather stark speech, I must say that this was the first hearing I’ve attended where Linda Drane Burdick came across loud and clear. It was my observation that she seemed more agitated and direct, and certainly, more animated than I had ever seen her before. With that, the judge stated that if the depositions are not done on time, the court will set dates and he will make sure they are not convenient for either side. He said he will start running the case at his pace, so everything had better be ready come January.

“All the posturing has been nice, but come January, it will be according to my schedule.” And that means the schedule could be at midnight. If there are people unwilling to be deposed, by golly, the court will make them comply. Judge Perry means business.

§

A somewhat odd thing occurred near the end. The gentleman next to me started to breathe deeply. When I glanced his way, he was sound asleep. To me, this had been an exciting day, one filled with many highs and lows. Just like in church, the judge gave a great sermon, but I guess there’s always a chance that someone will be napping in the crowd. The hearing lasted two hours, as I expected, but I’m used to them by now. He wasn’t, obviously.

As we got up to leave, an attorney was loudly castigating one of Orlando’s best known journalists about dumb questions. It wasn’t pretty. I gravitated toward Ann Finnell. I had a message for her from her niece or cousin, but darn if I didn’t write it down. Instead, I had a senior moment and I asked her if she would be attending the next hearing. She said she would, and I said I would remember next time. She asked me how I knew it was really a relative and I said because I know her real name and she told me you would recognize it. She was more than friendly and open. She’s every bit a class act and you could tell that she’s a very caring person. Who better to handle a penalty phase? If Casey is found guilty, she’s in good hands. Anyway, it’s her cousin, and I’m sorry. I’ll make sure I get it right next time, and that will be on November 29, at 1:30 PM. I’ll be there. I need to set the record straight.

Casey McDingles

HERE’S WHAT REAL WITNESS TAMPERING IS ALL ABOUT

There is a no-brainer running around like a chicken without its head who insists she knows what witness tampering is all about. She doesn’t, and this will serve to quash any and all rumors she keeps firing into wasted Internet bandwidth. At the same time, it will explain exactly what it is. Merely interviewing someone is not. Suggesting they change the truth most assuredly is.

In reality, two Texas EquuSearch volunteers told WFTV that a private investigator working for the defense tried to manipulate them into changing their stories about what transpired down along Suburban Drive in September of 2008.

Brett Churchill and Brett Reilly have accused PI Jeremiah Lyons of slinging words their way that would cause them to alter their testimony about searching the area where Caylee’s remains were found three months later by Roy Kronk, another defense target.

According to the WFTV report, Lyons was recently in court examining EquuSearch records. The station reports that he’s keeping low key while talking to volunteers who are not very happy about it.

In this case, both volunteers are prosecution witnesses. Churchill has been deposed by the defense and Reilly has talked on record to investigators. Both have stated that the exact area where the toddler was discovered was under water and unsearchable at the time. According to Churchill, Lyons went to his house and lied about Reilly’s story. “He basically was asking me if what I said in my deposition was the exact story because he had others who fared differently, one of them being Brett Reilly.”

Reilly had earlier warned Lyons not to twist his words after witnessing what Casey’s defense had done to others involved in the case. Lyons promised him he wouldn’t.

Let me tell you, from first-hand experience, I know all about what a professional manipulator Jerry Lyons is. They don’t get any slicker, but in my case, the defense ended up with the short end of the stick. What he succeeded in doing was to somewhat change the tenor of this court. It abruptly went from Strickland to stricter. Strickland to stricter… trust me, they will be words that linger.

The report also states that Reilly complained to Cheney Mason and that both volunteers contacted the sheriff’s office.

A DATE WITH CASEY

Great news is coming right up for those who want to see what Casey’s new tooth looks like. She is slated to appear at next week’s hearing, which will be at 1:30 pm on the 29th. It had been scheduled to be a status hearing, but with her attendance announced, it signaled that there would be more to the hearing than just an update from the attorneys. She has not been in court since her mother and brother took the stand back in July. Of course, plain old status hearings don’t require her presence.

What this should mean is that Judge Perry will hear several arguments, two of which should be the simultaneously filed MOTION TO DETERMINE REASONABLE BUDGET FOR DUE PROCESS COSTS IN A CAPITAL CASE AND MOTION TO INCUR CERTAIN SPECIFIED COSTS filed recently by new attorney Ann Finnell, and quite possibly the prior rulings over the public’s access to Casey’s jail records. This would include phone calls, visitor logs and commissary purchases. In my opinion only, I don’t care if she pigs out on nachos or not. I do not need to know how many hair barrettes, hair pins, hair claws, banana hair clips or how many other products she buys, including female doodads. With the latest ruling in south Florida, this information may have to be rerouted through the state and released through document dumps instead of coming directly from the jail. Hopefully, I will know more about that soon.

With regard to the budget request made by Finnell, the funding agency, the JAC (Justice Administration Commission) doesn’t like her cost estimates. The commission filed a response last week that questions some of the estimates as being too high and others that shouldn’t be billed to taxpayers. In a post I published two weeks ago, I wrote:

The distance between Jacksonville and Orlando, from her office to the jail, is 145 miles each way. The distance from her office to Fort Myers is roughly 300 miles. She anticipates at least one trip per month to Orlando and back, and at least two trips to Fort Myers. Overnight lodging is expected for the trips to Fort Myers and some of the trips to Orlando, all of which is feasible. She’s asking for $4,000.00. Let’s see… a round trip from Jax to O’do runs about $134.00. Jax to Ft. Myers would be double that - $268.00. We are 7-8 months away from showtime, so 7-8 Orlando trips would run… let’s give her the benefit of the doubt and say 8 months. 8 trips would cost almost $1,100.00.  To Fort Myers and back twice would add up to around $540, bringing our total to $1,640.00, not including hotel stays, and I think it’s safe to assume she’s not going to spend the night at the No Tell Motel, but still, that’s over $2,400 in lodgings. Nope, that one should be questioned by the judge. If the court chooses to approve, it brings our tally much higher…

The JAC is requesting it shouldn’t have to foot the bill for attorneys’ travel expenses; that the costs should come out of the money the Baez Law Firm was paid by Ms. Anthony or be absorbed by the individual attorney.

Any way we look at it, the mere fact that Casey will be in the courtroom almost demands that some semblance of verbal chicken poop will be flying into the fan come next Friday afternoon. I’m looking forward to it, so I must admit, I will not quit. I will attend, as I intend.

Barking up the wrong plea?

“I found my daughter’s car today, and it smells like there’s been a dead body in the damn car.”

- Cindy Anthony

You know, I really wanted to title this post, Cryogenic oven-trapping gas chromatography for analysis of volatile organic compounds in body fluids, but it was already taken. Darn those three, K. Watanabe-Suzuki, A. Ishii and O. Suzuki. They left nothing for another man’s creative imagination.

On July 24, 2008, Investigator Mike Vincent of the Orange County Sheriff’s Office sent Oak Ridge National Laboratory a carpet sample from the trunk of Casey’s Pontiac, the one that contained the damn dead pizza with squirrel topping smell. All kidding aside, what tests were performed on the air quality in that trunk was a very serious matter. Whether or not the judge allows the forensic report to be admitted as evidence in the case against Casey is of tantamount importance to both the state and defense, where the life or death of the accused may be in the balance. The judge will have to weigh heavily the type of science it is - something never used in a court of law. Is it truly a valid science or is it junk, as Casey’s defense has implied? To grasp the basic concept of what it is, we must understand it first.

To begin with, there’s nothing quite like real, live witnesses; the ones who will testify in court that the car smelled like death and decomposition. There’s no escaping it. Cindy smelled it, George smelled it, Lee smelled it, and certainly, lots of law enforcement officials running around the Anthony home on July 15, 2008, smelled it, and many of those officials were duly trained in detecting decomposition of the human body. Just like the pungent smell of marijuana, there’s no escaping its uniqueness. Once you smell death, you never forget it. I believe it is in our primordial genes. The very first time it impacts you, you know what it is. No need for an education. No learning curve. No one need tell you what it is. Coupled with the scientific results, it could smell, er, spell doom for Ms. Casey. Even without it, the odor is what it is: decomp. No squirrels or other organic matter was found, lest a few crumbs of dried up pepperoni, if that.

The carpet sample sent in July was not the only thing parceled out. On September 3, Dr. Neal Haskell included air samples from the trunk, paper towels, and a white trash bag, both containing fly pupae. Dr. Haskell is a forensic entomology expert - forensic refers to investigation into the cause of death and entomology refers to insects. He is part of the faculty (Biology Department) at St. Joseph’s College in Rensselaer, Indiana.

According to Oak Ridge, compounds in all the samples were identified by mass spectral library match, which means they were compared against known samples that exist in a library. Without getting too complex, verifications were determined from standards purchased from the Sigma-Aldrich Chemical Company. It’s like comparing samples of anything against a known bank of information pertaining to that subject matter.

The first carpet sample was placed in a sealed metal can. A preliminary analysis was performed by extracting a small amount of air from the can. It was injected into a Hewlett-Packard Gas Chromotagraph/Mass Spectrometer (GC/MS) equipped with a Hewlett-Packard Mass Selective Detector. If this sounds anything like the Turbo Encabulator, it’s not even remotely close. Hewlett-Packard never made one. Alas, only a few compounds were observed in the sample, primarily chloroform, and it became apparent the sample wasn’t strong enough, so it was deemed necessary to increase the sensitivity in order to find a lower abundance of compounds - if they were present at all. According to the report, the technique selected for concentrating the sample was cryogenic trapping, which can improve detection of organic compounds ten-fold. Cryo-trapping is widely used for the analysis of fragrances and odors.

For these analyses, cryo-trapping was performed by injecting air into a short loop of inert stainless-steel tubing connected between the injector of the gas chromatograph and the head of the GC column. The stainless-steel loop was cooled with liquid nitrogen which condensed the organic compounds present in the air sample, while allowing the nitrogen and oxygen to be vented away from the GC/MS. Normal heating of the GC oven during analysis cycle vaporized the condensed organic compounds in the stainless-steel loop and allowed them to traverse through the GC column into the mass spectrometer.¹

If you are not familiar with cryogenics, think of cryonics, which is the “science of using ultra-cold temperature to preserve human life with the intent of restoring good health when technology becomes available to do so,” according to the Alcor Website. Rumor has it that Walt Disney’s head is frozen and kept under the Cinderella Castle at Disney World, here in Orlando, but that’s not true. His whole body is on ice in a hidden chamber beneath Pirates of The Caribbean at Disneyland. Actually, none of that is true. Dearly departed Disney was cremated, head and all, and his ashes rest in Forest Lawn Memorial Park in Glendale, California. Cryo no more.

Back to the matter at hand…

The carpet sample was removed from the metal can and placed in a Tedlar bag for 2 days at 35 degrees Celsius (C) and allowed to off-gas into the bag. Kind of like a silent, but deadly, if you get my drift. Tedlar bags have many uses in many industries, including air sampling, hazardous waste, and other gas sampling needs.

The report admitted that gasoline was found in the trunk and it was likely a source of significant hydrocarbon interference that caused an overlap with about 41% of the chemicals typically observed in decompositional events. This may wreak havoc on the state’s claims. The defense will jump on this like flies on… flypaper. Of the 51 chemicals identified on the carpet sample from Casey’s vehicle, 80% were consistent with decompositional events. A mere 17 of the 51 overlapped with known or possible gasoline constituents, leaving 24 compounds - 59% - associated with decomposing human remains potentially unaccounted for. In other words, there was no other way to explain their existence, such as pepperoni. There are lots more examples in the report, but to go into every aspect would be boring and quite tormenting. Suffice it to say that in its conclusion, the report summed up things nicely.

What the lab determined was that odor from early decomposition was present, including “an unusually large concentration of chloroform - far greater than what is typically seen in human decomposition.” There was also an increased level of sulfur containing compounds found, which are “particularly characteristic of decompositional events.” Certainly, of particular interest to the defense is the report’s conclusion that the possibility exists there could be a variety of products that could have contributed to the overall chemical signature.

How much credence should we, as untrained laymen, put into the Oak Ridge report? Laywomen, too. No discrimination intended or implied. Our opinions won’t count in court, but it makes for great discussion. What we may lose sight of are the lab tests conducted for OCSO because we keep wishing upon a star that Casey will be found guilty, so we sometimes skew the results. To be frank, we’re not even into what the defense experts will bring into battle, but we do have another report at our fingertips; the findings of Michael E. Sigman, Ph.D., Assistant Director for Physical Evidence at the National Center for Forensic Science on the campus of the University of Central Florida, right in Casey’s backyard.

Here is a list of what was analyzed and reported in Air Analysis Results: Caylee Anthony Missing Child Investigation²:

Some samples were not tested at NCFS, but an interpretation of the findings stated that“… dimethyl disulfide, tetrachloroethene  and Chloroform are known to be liberated from decomposition of human remains. These three compounds were not found in a representative gasoline sample in the NCFS database. Dimethyl disulfide occurs naturally in cabbage and onion.” Was that pizza ordered with onions and pepperoni? “Tetrachloroethene is used in dry cleaning and may be used in spot removers. Chloroform may be used as a degreaser and may be formed through the reaction of chlorine bleach with some organic chemicals.”

What Dr. Sigman concluded was that the presense of dimethyl disulfide, tetrachloroethene and chloroform did not conclusively demonstrate that human decomp was present in the trunk. There were too many other possible sources. 

These were the findings of Oak Ridge and NCFS, and not my opinion. In other words, I have no dog in this fight other than a cause similar to everyone else that’s compassionate about this case and looking for complete and final justice for Caylee. Speaking of dogs, though, the defense is going to look into all of this in a lot more depth and try to convince the jury a machine could never replace a canine nose. Therefore, it’s inconclusive. On the other hand, didn’t a dog also hit on human decompostion in that trunk? How is defense attorney Dorothy Clay Sims, a specialist in medical-expert witness cross-examinations, going to bark back at a dog?

I recommend reading Air science could be used for first time ever in Anthony case by Anthony Colarossi, Orlando Sentinel, October 8, 2010.

A formidable presence

As quiet as a church mouse, Ann E. Finnell entered into the Ninth Circuit Court, a Notice of Appearance last Thursday, September 30.

ANN E. FINNELL, the undersigned attorney, hereby enters her appearance on behalf of DEFENDANT, CASEY ANTHONY, joining attorneys Jose Baez, Esq., and Cheney Mason, Esq., inter alia as an attorney for Defendant.

Inter alia, for those not familiar, is Latin for “among other things,” meaning she is joining the crowd. The more, the merrier, so to speak.

What you may not have noticed, though, are two motions rolled into one that came attached with it; something she filed on behalf of her new client, Ms. Anthony. The nerve. Judge Perry wasn’t even given a chance to acknowledge her notification yet.

MOTION TO DETERMINE REASONABLE BUDGET FOR DUE PROCESS COSTS IN A CAPITAL CASE AND MOTION TO INCUR CERTAIN SPECIFIED COSTS

In this two-for-one motion, Ms. Finnell asks the Honorable Court to “set a hearing to detemine a reasonable budget for the penalty phase of a capital proceeding.” This is not in anticipation of a guilty verdict. No, this is more of a “just in case” scenario. Juries can go either way and it’s better to be prepared, and to be specific, this is a motion requesting money for services rendered BEFORE the trial, not after.

On March 19 of this year, Judge Stan Strickland officially declared Casey Anthony indigent and her defense stated that they would continue to work on her case pro bono. Regardless of how Florida taxpayers felt at the time, the state was ordered, through the JAC (Judicial Administrative Commission) to pay for her experts, investigators and other costs incurred. At the indigence hearing, her then-new attorney, Cheney Mason, said the total amount could be about $200,000. Unfortunately, I am of the opinion that it will exceed that price tag.

Ms. Finnell, in her motion, assumes that “since Defendant has been adjudged indigent for costs it would seem appropriate that undersigned counsel attempt to establish a reasonable budget for a capital case.”

I’m afraid, in this case, I have to agree with her, but it has nothing to do with siding with the defense. It is because Casey has a right, like any other who stands accused, to have a solid defense, particularly because of the nature of the beast. This is a capital case, and as Judge Perry has stated more than once, death is different. However, just because I agree does not mean he will write a check in the amount she is requesting. He has several options.

1. He can agree 100% and grant her wish.
2. He can agree and ask her to submit individual bills to JAC as they come in.
3. He can disagree and tell her to work with what she’s already got; Jerry Lyons and Jeanene Barrett. Is Mort Smith still in the equation?

Ms. Finnell is very good at what she does. She is a seasoned veteran at this sort of thing. I noticed elsewhere in comments that the defense doesn’t need this attorney since Cheney Mason is already death penalty qualified. Her joining the team has nothing to do with that. It is all about taking care of the penalty phase if Casey is convicted of first-degree murder. That is her specialty and in order to be fair and just, any defendant in a capital case needs someone precisely like her. Indigent or not, they usually get one, and Casey is no exception.

Just what is the Jacksonville attorney requesting? Let’s take a look.

She believes the utilization of a private investigator will be required to provide services in the realm of “locating and interviewing mitigation witnesses,” and“locating and securing documents and other evidence relevant to the penalty phase,” among others I will get to. One of the things that I get a kick out of are those pesky little “other evidence” phrases that one never quite understands. Exactly what it really means is anyone’s guess. It’s almost the same as saying, “well, that’s what they say” to back up a claim, only no one knows for sure who “they” are. Oh, you know, them, those, that evidence.

On with the show… Performing background checks is a reasonable request. So is “researching any other factual issue relevant to the penalty phase such as the credibility and character of the witnesses.” She adds that she does not anticipate the costs for investigative services to exceed $5,000.00 and specifically requests the court to “enter an Order authorizing such costs not to exceed $5,000.00 without further Order of the Court.” That’s rather interesting, because she places this fiscal limit on each of her court requests and it’s the first time I have seen any defense attorney related to this case take responsibility for any money at all, except for what the JAC is willing to pay, and there have been issues already. Judge Perry stated that any bill JAC refuses to pay falls back into the hands of the Baez Law Firm. This woman has, what seems apparent, experience in this department. On this particular issue, she says that the private investigator would be one with whom JAC has a contract and would provide services at JAC rates. So far, so good.

$5,000.00

The next matter at hand concerns the services of a licensed psychiatrist or psychologist at a “reasonable hourly rate” - whatever that may be. Of course, the JAC has a menu that lists recommended rates:

JAC is also rather particular about what it offers. “Prior to retaining an expert, defense counsel must file a written motion seeking authorization to incur the expert services. The motion needs to establish the basis for the expert services by setting forth the reason why the expert’s services are necessary for the defense of the case. The defense has the burden to show the particularized need for the expert’s services.”

Since this leads the court to assure the JAC that what it hands out will have to be meticulously explained by the defense, Casey and her team will get no free rides. In the case of “seeking a comprehensive forensic psychological examination of the defendant, the attorney should ask the expert the number of hours the expert anticipates will be necessary to complete the evaluation,” which translates into: the defense should obtain a good faith estimate from the expert first. I believe Ms. Finnell has done that.

Whoever the expert is would examine and conduct forensic testing on Casey and “render an opinion regarding relevant mitigation” and be available to consult with the defense regarding state experts’ cross-examinations. If necessary, it would include testifying at the penalty phase. The price tag? Her guestimate runs at $7,500.00.

Now, we’re up to $12,500.00

Next up in her list is $1,000 for copies, medical records, school records, photographs and “any other record relevant to any statutory or non-statutory mitigating circumstance or to rebut any aggravating circumstance, and the preparation of trial exhibits of said records.”

$13,500.00

The next item up for the defense is the mitigation specialist and here’s where the instructions are clear. Ms. Finnell does not seem to be asking for anyone new. Instead, she seeks money for who’s already there, in which case, I would have to point the finger at Jeanene Barrett, left over from the Andrea Lyon days. Here, Ms. Finnell “anticipates needing additional hours for the mitigation specialist who has already been approved by the court.” Bingo! She’s not looking for anyone else. She expects this expert to work for an additional 100 hours at a rate the court had already established, and if I can find that out, I will let you know, but if we assume it’s $75.00 per hour, we’re talking an additional $7,500.00, which pushes the bill over the $20,000.00 amount initially reported in the media.

$21,000.00

The esteemed attorney expects to travel “to and from Orlando, Florida and Jacksonville, Florida and Ft. Myers, Florida, to visit with Defendant and Defendant’s family, friends and associates. Multiple trips will be required prior to the start of the trial in this cause.” She intends to use her own vehicle, which is not a 1987 Yugo, incidentally. Let’s see, the JAC states that, “When travel is more than 50 miles or out‐of‐county, an expert may bill for mileage pursuant to section 112.061, F.S. The state rate for mileage reimbursement is $.0445 per mile.”

The distance between Jacksonville and Orlando, from her office to the jail, is 145 miles each way. The distance from her office to Fort Myers is roughly 300 miles. She anticipates at least one trip per month to Orlando and back, and at least two trips to Fort Myers. Overnight lodging is expected for the trips to Fort Myers and some of the trips to Orlando, all of which is feasible. She’s asking for $4,000.00. Let’s see… a round trip from Jax to O’do runs about $134.00. Jax to Ft. Myers would be double that - $268.00. We are 7-8 months away from showtime, so 7-8 Orlando trips would run… let’s give her the benefit of the doubt and say 8 months. 8 trips would cost almost $1,100.00.  To Fort Myers and back twice would add up to around $540, bringing our total to $1,640.00, not including hotel stays, and I think it’s safe to assume she’s not going to spend the night at the No Tell Motel, but still, that’s over $2,400 in lodgings. Nope, that one should be questioned by the judge. If the court chooses to approve, it brings our tally much higher…

$25,000.00

Ms. Finnell further anticipates “travel expenses for either one investigator or one mitigation specialist to travel to Ohio, to obtain records and interview potential witnesses.” Of course, this travel would have to require roundtrip airfare, lodging, and per diem expenses, which she expects to be approved at JAC rates. Air fare shouldn’t exceed $600.00 and total travel should not be any more than $1,500.00. That adds another $1,500.00 to our bill.

$26,500.00 grand total prior to trial

The final request is a very important one as far as I’m concerned, because it makes it clear when she expects this money. It makes absolutely no sense that the court would hold this amount until a verdict is rendered and the penalty phase begins, if Casey is found guilty. No, there’s not nearly enough time to collect all of this information. At the same time, something may come to light that is important to the outcome of the trial. This is money the state must hand out very soon in one form or another. Clearly, Ms. Finnell anticipates this because she says that “if this case goes to trial, travel to the site of the trial and lodging associated with the days required to attend the trial will need to be incurred at JAC approved rates. Counsel cannot at this time estimate the number of days required to select a jury, try the case, and conduct a penalty phase if necessary.” You see? This is money she intends to spend leading up to the trial, if it reaches that stage, which it will. The trial and possible penalty phase are not included.

We may not be happy with this price tag, but taking everything into consideration, and I mean everything, Ann Finnell has laid out an expense package that is within reason. Like I said, as much as some of us will disagree, it’s the first thing that’s come out of this defense that makes concrete sense. Finally, an efficient planner has emerged - one who’s not afraid to open her hand and show a couple of cards. No “I’ll have to get back to you on that,” or “I need to look into that.” Here it is, take it or leave it. Personally, I think Judge Perry is going to like her style. She’s no nonsense.

Pie in the sky?

The term “pie in the sky” originally meant to be a promise of heaven while continuing to suffer through living in the material world. It was coined by Joe Hill in a song written by him in 1911. Joe was a Swedish-born itinerant laborer who migrated to the United States in 1902. The Web site The Phrase Finder described his songs as radical as he fought for labor organizations. “The phrase appeared first in Hill’s ‘The Preacher and the Slave’, which parodied the Salvation Army hymn ‘In the Sweet Bye and Bye’. The song, which criticized the Army’s theology and philosophy, specifically their concentration on the salvation of souls rather than the feeding of the hungry, was popular when first recorded and remained so for some years.”

You will eat, bye and bye,
In that glorious land above the sky;
Work and pray, live on hay,
You’ll get pie in the sky when you die.

Today, pie in the sky can allude to many things, such as asking for more than you end up with or expect, for that matter. You may ask for the sky and end up with pie, which is better than nothing. It reminds me of an experience I had while selling advertising for a newspaper many years ago. Ed Mack, now gone, was the editor. He was also a member of the Rotary, the Chamber of Commerce and very active in the Hunterdon County YMCA, volunteering many hours of his personal time.

Ed and I got along great. A wall about 7 feet high is all that separated the editorial department from advertising and my desk sat closest to the line of demarcation. The ceiling was high, so we could hear each other as one side got stories and the other sold ads.

One afternoon, Ed came over to my side with an idea. Bear in mind, in the world of newspapers, in particular, a common argument prevailed and it probably still does to this very day. The Advertising Department pays the salaries, we’d cry, while the Editorial Department would adamantly point out that its news that sells a newspaper and without news, there would be no newspaper. In the end, those key points were muted by the mere fact that, either way, we had jobs, and that’s what mattered most. Today, it’s not so easy.

Ed knew that I was a member of the now defunct Flemington Area Jaycees. On this particular afternoon, he wanted to know if I could get a band of fellow Jaycees together to man phones at the telephone company, which had already given its permission to do so. It was a simple request. The intent was to ask for donations from members of the Y and the general population in order to build the first installment of a large complex that was in the works, an Olympic-sized swimming pool to the tune of $150,000. He knew I was an officer of the club and, with mild coaxing, that I could easily table the idea at our next meeting. Sure thing, I said, and to fast forward, about 8 or 9 of us showed up to sit in open booths at the phone company the following month. Ed was the man in charge and he gave us stacks of 3” x 5” filing cards with the names, addresses and phone numbers of potential donors. My close friend, Frank Foran, was and still is a top-notch sales rep, and he was in fitting form for the occasion.

Of course, we all focused on the cards we had. Initially, I called people and introduced myself as a member of the Flemington Jaycees and that we were proudly supporting the YMCA in their effort to bring our area a large and highly professional educational and recreational sports facility. We all know the Y. All of Hunterdon County would shine because of it. Perhaps you saw it written up in the newspaper? Oh, yes, of course you did. Well, the first leg is the swimming pool and we need to raise $150,000. Could you please help out by donating $50 toward our goal? No? How about $25? No? Yes, I understand times are tough. [Gee, that was back in the late 70s.] OK, well, thank you, and if you can ever help, please call me at the newspaper and I will make sure you are contacted by the right people. That meant Ed, whose office was a mere stone’s throw away from my desk.

After about a half-dozen disappointing phone calls begging for money, I got zero results and I thought about it. I had to change my tune or I would end up a major flop to the man who was directly under the publisher, my employer. This wouldn’t sit well with Bengt Gaterud, the sales manager, either. I rewrote some of the lyrics. I had my eye in the sky for pie in the sky.

Hi, I said, as I gave the same opening spiel with the hundred-and-fifty grand price tag. There was no need to change that, but when they asked me how much I was expecting them to give, it wasn’t $25 or $50 I requested. Instead, I asked for $2,000. Yes, $2,000 would be great. Of course, they exploded with raw emotion.

“Two thousand dollars?!!! You gotta be nuts! I can’t afford anything like that!”

“OK, how about a thousand?”

“You gotta be kidding me?”

“No, I’m serious. How about fifty?

“Fifty, you got it.”

And with that change in tactics - the rapid-fire subtle suggestions, I ended up making the second-most money of the night and it was a huge success. Of course, Frank made the most, and no one expected less from him. He’s that good.

The next morning, Ed and I purposely crossed paths. He thanked me and the fellow Jaycees. I asked him how well we did. He said it was huge, a lot more than he figured. He told me one other thing.

“I don’t know what you did, Dave, but I gave you a list of deadbeats. I didn’t expect you to make any money at all, but you came in second. I gave you that list because you are a salesperson for this newspaper. I wanted to see what you had in you. You really surprised me.”

OK, now you may think I’m strutting my stuff, but I’m not. As long as I’ve known Frank, he’s encouraged me to go into sales. When he’s 95-years-old and I’m 90, I can hear him in his decrepid, soft and gravelly voice, “Dave, you need to go into sales.”

I never will. I’ve found my niche; it’s writing, and there’s a point to my story - the case against Casey. I constantly hear from people who think she deserves the death penalty, but won’t get it. Some people think she should get life without parole so she can live out her days in prison, wallowing in the memories of her precious daughter and what she, herself, could have become in life. Some people don’t think she’s guilty of murder, but none of that is my point. To use the old cliché and cut to the chase, the state has requested the death penalty. Does the state seriously intend to execute her? You bet, or it wouldn’t have been placed on the table to begin with. This ain’t no dress rehearsal, as my old friend Tom Corkhill always said. This is the real deal, only there is a ‘what if’ formula here, just in case. Because of the death penalty, the jury must be made up of people willing to sentence a person to death. It doesn’t automatically mean they will, but means they might be more prone to finding her guilty. The odds increase exponentially with a death qualified jury and the state knows it. There’s the sky, but will the aim be too high?

In the end, the defense is going to put on a much better show than originally anticipated by us, the general public. Perhaps, in all their seasoned wisdom, the state knew that as time went on in the sweet by and by, things would get tougher. Today, with the recent addition of several more well-seasoned defense attorneys, please allow me one more cliché. I think that, from now on, this is not going to be a piece of cake for the state.

Baez team announces new attorneys

The Baez Law Firm announced last week that Dorothy Clay Sims, an attorney specializing in cross-examining medical expert witnesses, had joined Casey Anthony’s defense team pro bono.  She specializes in debunking junk science and cross-examining medical experts. She is a founding partner of the law firm Sims & Stakenborg in Ocala, Florida and was the first woman chair of the Worker’s Compensation Section of the Florida Bar. Orlando attorney William Jay, who represents Anthony Lazzaro, said that she has been known to anger forensic experts.

At a press conference this morning, Sims said she hasn’t owned a television in more than ten years and has kept herself up-to-date with the case through the Internet.

Also at this morning’s press conference, Jose Baez announced the addition of two new pro bono attorneys, one to handle her civil case, and the other to help challenge the state’s demand for the death penalty.

Civil attorney Charles M. Greene, of The Law Offices of Charles M. Greene, P.A. replaces Jonathan Kasen, who had been representing Casey in the civil lawsuit filed by Zenaida Gonzalez through attorney John Morgan, of Morgan & Morgan. Greene specializes in a variety of civil and criminal legal areas, including criminal defense, civil litigation, trial practice and product liability.

Ann E. Finnell graduated from Duke University and the University of Florida School of Law. According to her Web site, she “has handled homicide and death penalty cases since 1981.  She specializes in complex homicide litigation including death penalty mitigation.  In addition, she has tried serious felony cases including second degree murder and manslaughter cases, capital sexual battery, and other sexual battery cases, kidnapping, armed robbery, armed burglary and violent personal crimes.”

She was featured in a 2002 documentary that won an Oscar. The film, Murder on a Sunday Morning, chronicled the successful defense of young man falsely charged of murder. She is very experienced. Baez noted that she will serve as the defense team’s death penalty expert. “Her experience is second to none,” he noted this morning.

Casey Anthony’s defense is filling up with distinguished attorneys. No matter how dumb anyone thinks Jose Baez and Cheney Mason are, they know how to surround themselves with smart lawyers who specialize in areas where they need the most help. I wouldn’t call those stupid moves. Not in the least.

Here’s some food for thought. It’s not the same as the Anthony case, but it illustrates how trials sometimes work. Originally, there was speculation that Miami attorney Roy Black would be joining the team. That turned out to be nothing more than a rumor, but in the criminal evidence workshop he runs at the University of Miami School of Law, he likes to cite a favorite example of a courtroom experience from some 50-plus years ago. An attorney was representing a murder suspect in a case where no body was found. He announced to the jury that the victim would be walking through the courtroom door at that very moment. When the jury turned to look, the attorney said that their turning proved reasonable doubt existed. Without missing a beat, the prosecutor stood up and replied that it was a cute trick, but while everyone turned to look, “I turned to look at the defendant, and he never turned around, because he knew she was dead.” [See Florida Superlawyers, Roy Black Bio]

Does that sound like banter that could come from a particular defense attorney and prosecutor in this case?