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.

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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.)

Part 2: George & Cindy's "Charity" Website Suspended

As I continue writing my next post about Trayvon Martin’s tragic death and George Zimmerman’s present situation, I thought it would be interesting to let you know what’s been happening in the world of George and Cindy. After all, it wasn’t all THAT long ago when the Anthony family owned the daily headlines…

On March 17, I reported that their Caylee’s Fund charity had been suspended. Well, lo and behold, it’s back up and running. However, that’s not my reason for this post. It seems that Dr. Phil’s six-figure donation (whatever the amount) has not been paid, or it’s been safely tucked away somewhere, out of the public’s view. In any event, it looks like their fundraising endeavors have been a bust. Take a look and see for yourself:

You can also do your own search HERE by typing “caylee” inside the box to the right of “Business Name:” (sans “quotation” marks)

Remember, the new charity has nothing to do with missing children. It focuses on grandparents’ rights, or lack thereof, in the state of Florida. As such, I reserve comment on what I think about it, but it is a legitimate organization.

George & Cindy's "Charity" Website Suspended

Someone alerted me to a good-sized development in Caylee’s Fund that should have us all relieved and, possibly, perplexed. It’s been suspended! Why? I don’t know, but I’m sure it has nothing to do with a lack of funding. Purportedly, Dr. Phil paid the non-profit $500,000 to have George and Cindy Anthony appear on his show, but he only acknowledged it was a six-figure amount. Rumors have swirled for months that Casey was paid a whopping $120,000 from the fund, but I cannot show proof of any kind. 

I have said on several occasions that the possibility is real that George and Cindy Anthony made a pact with the devil in order to get their daughter out of jail. By that, I don’t mean literally. It’s a euphimism, unless you think Casey is, in fact, the devil. Just prior to the start of the trial, Cindy and Mark Lippman met privately with Casey’s attorney, Jose Baez. Lippman is George and Cindy’s lawyer. George was not invited to the meeting and this said volumes to me. It meant that Cindy and Lippman were in on the defense strategy to do a character assassination of George — one that began during Baez’s opening statement at trial — or it meant that George was conspicuously absent from the meeting to make it look like he had nothing to do with the made-up story. 

At one of the final hearings before the trial began, I was in the courtroom when Baez asked George on the stand if he would do anything for his daughter. Most of you should remember it, too. George’s reaction? Yes, absolutely, he would do anything, and he was quite vocal about it. When asked if he would lie for Casey, his answer was a resounding YES! 

This signalled (to me) that what most of us had sensed all along was true. The Anthonys were, and remain, natural born liars. With the information gathered from the mouth of George Anthony, he spoke the truth, under oath, that he was willing to do anything to rescue his grandchild’s alleged murderer. Did this include his willingness to be the fall guy? All he had to do was take the bashing because, in the end, no one in the public would believe he ever sexually molested anyone in his family, let alone do any harm to Caylee. Simply put, just deny everything on the stand, which he did, but in the end, it confounded the jury and the plan worked. George came across looking like a liar and a loser — and that’s all the jury had to see to create a semblance of doubt. George looked guilty of something.

Want more? Cindy stated under oath that she made chloroform searches at home on two separate dates, while her bosses at Gentiva Health, Deborah Polisano and John Camperlengo, testified that she couldn’t have because she was at work and logged into her work computer. They also had time cards to prove she was there. Despite their testimony, the defense still managed to muddle the evidence and Casey is free because of it. Job well done, George! Take a bow, Cindy!

There have been other rumors swirling about. A recent one was that Cindy was spotted in a community where Casey had been seen, but once again, I have no proof. The problem I have with this sort of rumor is that no one has produced a photograph of the grieving grandmother, especially when smartphones with cameras are everywhere today. To be succinct, George and Cindy have been conspicuously absent lately. There are no Kodak moments. I say, if the present mimics the past, it could mean that George and Cindy are up to no good. Somewhere.

The person who told me about the website also wondered about the house on Hopespring Drive; that it looks vacant, but of all the visits I’ve made in that neck of the woods, it’s looked empty for a long time, even when I’ve known they were home. Just to be sure, I’ll probably take a ride down there to check it out one of these days, but in the meantime, can anyone explain why the charity site has been suspended? What was it, a misappropriation of funds? Caught red-handed?

Disclaimer: Of course, all of this is pure conjecture on my part. }}}wink wink{{{

ADDENDUM 10:00 PM:

Look here and see that this one has disappeared, too:

CAYLEEMARIEANTHONYFOUNDATION

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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!

Double, Double Toil and Trouble

What happened to George last week? Why did he call 911 over the stolen gas cans, but not when he smelled death in Casey’s car?

Find out here…

Click the image

Feel free to add your thoughts.

THANK YOU!

Drowning in a Pool of Lies?

What do I think the defense will argue in it’s opening statement?

Read my article on Orlando Magazine. See if it will take you as long to read as what Jose will say tomorrow.

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!

A wealth of misconduct

Time and a Word by Yes

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

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

- Jon Anderson & David Foster

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

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

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

When…

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

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

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

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

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

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

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

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

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

§

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

Thank you for your patience.

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.

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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.

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.

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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.

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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.