Zenaida's Trial Against Casey Postponed

ORDER GRANTING RENEWED MOTION TO CONTINUE TRIAL

Patience is a virtue, and we certainly did learn that from all of the postponements in Casey Anthony’s criminal trial. This time, with regard to the Zenaida Gonzalez (Plaintiff) v. Casey Anthony (Defendant) civil trial, Ninth Circuit Court Judge Lisa T. Munyon chose to postpone it until January 2, 2013. This trial had been postponed in the past for several reasons, all stemming from motions filed by the defense, but this time, both sides agreed that one more postponement was necessary. Why?

Let’s start with the basics, beginning with what’s been going on since the start of the new year. On February 29, the defense made a request to continue the trial date by filing a motion to Abate Trial Deadlines. A continuance means to postpone a date set by the court. Last week, on March 6, the judge heard the motion and the plaintiff’s objection to the continuance. Zenaida and her team of lawyers were ready to go to trial. After hearing from both sides, Judge Munyon chose to deny the defense motion that day. Jury selection was scheduled to start on April 10, 2012, with the trial slated to begin the following week in the same courtroom as the criminal trial. That would be Courtroom 23.

All honky dory, right? No, because on March 9, Zenaida’s attorneys filed a Notice of Conflict stating that they were scheduled to be in a Duval County courtroom trying other civil matters beginning on April 9. Their reasoning was solid. The Duval court scheduled that trial date before Munyon set this trial date in September of 2011. Munyon chose to go with what court had precedence. Since Duval set the date first, Orange/Osceola would have to wait. (See: Florida Rules 2.550(a)(6) - The case in which the trial date has been first set generally should take precedence.)

There’s more to it than just that, though. Judge Munyon could have ignored the request had the costs of rescheduling been too much of a burden on Florida taxpayers. After consulting with court representatives and the sheriff’s office, the grand total for a continuance would come to a mere $157.00, and that includes additional summonses to prospective jurors, printing, sorting, and mailing fees. Lest you think that’s all there is, guess again. Judge Munyon wasn’t able to secure Courtroom 23 for the week of April 10, and what that translates into is that the cost to the sheriff’s office for additional security would exceed the costs expended for the summonses. That’s because there are three other courtrooms on that floor, meaning the potential for a lot of people milling around. Okay, fine, but why so long of a postponement? It’s because Courtroom 23, the only courtroom on that floor, is in use. January 2, 2013 is the earliest time it will be available for two consecutive weeks.

So, what we have ahead of us are deadline adjustments originally set on September 1, 2011. We’re talking about 8+ months in the future now. The judge did set a two-week deadline from the date of her order (March 13) to file any notices of conflict for the new trial date. There is a hearing scheduled for March 23. The judge ordered that it remain on the docket and limited the proceeding to motions for summary judgment and all matters related to discovery, such as Gonzalez’s request for Anthony’s residential address. A motion for summary judgment, in this case, means the motion the defense filed to have the case against Anthony thrown out.

As far as I’m concerned, we should be used to it. After three years, plus this mess, we should know by now not to hold our breath. If you think this will ever end, guess again. This time it was the plaintiff’s request that did the trick.

Missing Michelle

I had to take care of a few things in the Sanford/Lake Mary area today, so I decided to stop by The Barn, a famous country music nightclub known for hosting some of the genre’s best artists. It’s right up the road a spell from where I live, but in the 30-plus years I’ve been here, I’ve never been there. I stopped by to take a couple of photos of the exterior to show you where Michelle Parker works as a bartender. Michelle, in case you are not aware, disappeared without a trace 2 weeks ago, on the day she and her ex-fiancé, Dale Smith II, appeared on a taped episode of The People’s Court. On that day, she dropped off the one-time couple’s 3-year-old twins at his residence and was never seen again. (Michelle also has an 11-year-old son from a previous relationship.) The Orlando Police Department recently named Smith as the only suspect.

When I arrived at The Barn, two men were about to enter the establishment. I decided to walk up to them to explain why I was there. One seemed to be the in-charge, go-to person. I told him who I was and that my only intent was to do whatever I could to get her name out, not that I expected my site to do all that much, but you never know. Every little bit helps. He invited me in and said he would show me Michelle’s bar. This was about 3:30 and the bar doesn’t open for business until 6:00, so the interior wasn’t all that well lit. Certainly, it was enough to see how large it is inside. I told him I’d never set foot in the place, but I’ve always wanted to. We walked past a main bar and I could clearly see that it was big enough to accommodate several bars, and it does. The Website touts seven in all, including one in an upstairs loft that overlooks the dance floor.

I haven’t been hanging around any bars these days, but there’s an aroma that you can only detect inside a place that pours alcoholic beverages. I guess it’s from all of the liquor bottles and spilled drinks over the years. This place had no carpet that I recollect, so there was nothing to soak up the spilled drinks. Still, it was there. We walked all the way across to the other side, and there it was - where Michelle tends bar.

I could sense the anguish and desperation in this man’s heart. As a person in my position, that of a journalist, I asked him a few questions. He told me he couldn’t really say much, and I understood that. This is, after all, an ongoing investigation. He wasn’t really told by law enforcement to remain quiet, he said, but I know it would do no good for him to tell me his true thoughts of what went down. I told him I had read on one of the Orlando Sentinel threads where several people were stating that if it wasn’t her ex-boyfriend, it could surely have been someone who had been stalking her at the bar. Of course, there’s no really good reason or need for anyone to speculate like this. I did say it sure seemed strange that she would disappear on the same day the court segment aired. Yes, he said, and we mentioned another couple of peculiarities, but we left it at that, with neither of us voicing any sort of strong opinion one way or another.

He told me something that really stuck. He said that Michelle is a really good girl. By that, I knew exactly what he meant. She’s got it all. Aside from being very pretty, she’s a great friend, a loving mother, and an all-around caring soul. The girl has no enemies. She’s incredibly popular and none of it makes any sense, but it never does. I’ve never had someone I know go missing, nor have I ever felt that kind of frustration and helplessness. But throughout my years of dating and befriending many bartenders, their bosses always treated them like family. That’s precisely what this man was all about. It’s as if a chunk of his heart has been torn out, and to a person, his staff feels the same way. Everyone loves and misses Michelle.

I asked him if he managed or owned the bar. He told me he owns it. Eric Thims is his name. He’s a very proud man, and he’s doing whatever it takes to bring Michelle home. This is what’s posted on today’s Website:

PLEASE READ AND REPOST!!!!!!!!!!!! WE LOVE YOU MICHELLE!!!!!!!!!!!

Tonight is Thirsty Thursday as always with all you can drink at The Barn in Sanford, but tonight it is about soooo much more than that! We are having a benefit to raise money for Michelle Parker. It will help the continued search efforts for her as well as her children and family.

Tonight we are having a Bartender Handoff where bartenders from all over Central Florida that know or have worked with Michelle in the past will stand in to support Michelle and work in her place. ALL TIPS raised on Michelle’s bar tonight will go directly to her family.

We are asking that anybody who has a Missing Person shirt with Michelles picture on it wears it tonight! We will have national coverage here like the Today Show and others and we want to be sure that Michelle’s face is EVERYWHERE that they turn their cameras!

So come show your support for Michelle with your shirt and checking out all the bartenders rotating through Michelles bar by the DJ booth. They will be happy to make you a drink and your tips will help bring this AMAZING woman home!

We have the following bartenders standing in for her tonight so come show some love!

Michelle’s sister Lauren
Michelle’s best friend Heather (from Manny’s Chophouse, and worked with Michelle at Cowboys)
Erica (from Hooter’s)
Jess (from Hooter’s)
Carrie (from Cowboys)
Brandi (from Lavish Photography, and formerly from The Barn)
April (The Barn)
Carrie (The Barn)
Dracy (The Barn)
Michelle W (The Barn)
Lisa (The Barn)
Erica (The Barn)
Krissi (The Barn)
Liz (The Barn)
John (The Barn)
Crystal (The Barn)
One Bartender from Rodeo’s in Mount Dora

And if any of her other previous co workers would like to join us we would still love to have you!

See you all there, come help us support Michelle!

Tomorrow night, there will be a silent auction. Local firemen will be auctioned off for dinner. So will Eric. Ladies only. Anyone willing to help out, please do. On Saturday, Dec. 10, a big benefit will also be held all day and night. I may try to attend for a few hours. I wish I could do more because this is eating away at me, too. I never met her, but she’s my neighbor and yours, because this happens every single day somewhere around the world, including your own back yard. Now, I do feel like I know her better. Look at all the countless hearts she’s touched.

Watch the Today Show for more on Michelle. Tim Miller from Texas EquuSearch arrived in Orlando today at the behest of Mark NeJame, who is representing Dale Smith.

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?