From the Court House...

I attended the hearing yesterday — the one pertaining to the release of the video deposition of a tricked out defendant in camouflage that the Morgan & Morgan law firm took on October 8. She continuously invoked her 5th Amendment right against self-incrimination, so, in essence, no reliable information came out of the deposition. Morgan & Morgan represents Zenaida Gonzalez in the civil suit against the mother of Caylee Anthony, accused of her murder and acquitted on July 5 of all charges except lying to law enforcement. She has been in hiding since her release from the Orange County Jail on July 17, and for good reason. She is one of the most hated persons in the world.

John Morgan argued that the defendant has no special rights that should prevent the video from being released under Florida’s liberal open government in the sunshine law. For the defense, Andrew Chmelir argued that there was absolutely no reason for releasing the information, and that if it were to become public, it would open his client up to greater scrutiny and hinder her right to a fair trial. Circuit Judge Lisa T. Munyon is presiding over the civil case and, after listening to both sides, she said she has 10-days to decide and will issue an order within that time frame.

Initially, I was against the lawsuit for a number of reasons. One was that Zenaida is only one of a dozen or so people in the immediate area who share the same name as the fictitious nanny named back in July of 2008 as Caylee’s kidnapper. The Zenaida represented by Morgan is the only one suing for defamation. She cites that her good name was ruined and she has been unable to work ever since. Personally, I think it is time for her to move on with her life, but at the same time, I am in agreement with the plaintiff to a certain extent. John Morgan told her from the start that there would most likely be no money forthcoming if she wins the suit because the defendant would not make money off the death of her daughter. Of course, that was prior to the verdict, when most people, including Morgan, felt she would be spending the rest of her life behind bars or sentenced to death. Since her acquittal, she has yet to capitalize on her story, and rightfully so. Public outrage is so strong, for any media outlet to touch it would surely be toxic. Besides, as Judge Stan Strickland once said, the truth and Ms. Anthony are strangers. You can’t believe a word she says. Why would any entity pay for lies?

Today, I do think that Zenaida Gonzalez deserves to have her good name back, but is it necessary to win the lawsuit in order to achieve it? I don’t know, but it wouldn’t hurt. For sure, Ms. Anthony should have been more forthright about this particular Zenaida, so in that regard, especially since Jose Baez admitted in his opening statement that Caylee was dead all along, his client could have readily dispatched this particular Zenaida and no harm would have been done.

Which way am I leaning about the release of the deposition video? Although I do not think it will hurt Ms. Anthony, I’m not sure why it should be. For one thing, I disagree with her defense’s argument that it would impede her right to a fair trial, where the case would be litigated in a courtroom, not in front of the media and under public scrutiny. After all, she can’t receive any more damage than she’s already brought upon herself, right? But on the other hand, I’m not sure one of Morgan’s arguments is all that valid. Does a law firm’s video deposition fall under the same rule of discovery as the state? In my humble opinion, I don’t think so, so how will the judge rule? I don’t have a clue, but it will be very interesting to find out. How many of us really want to see her? Be honest.

§

Why did I decide to attend the hearing? Oh, I guess it was for old time’s sake. I expected to run into some of the same people I mingled with throughout the hearings and, of course, the trial. I felt it would be very good to let everyone know about my health, too, and I was right. There were days during the trial when I looked like death warmed over. One of the deputies told me, “And then you had to run home and write about the day, only to return in the morning.” He was right, and I told him it was more than just that. I had a very disciplined and demanding editor who yelled more than Great Caesar’s ghost! at some of the things I wrote. I will admit that the experience taught me a lot about writing, thanks to him.

It was a very good day to mingle and reminisce. It was also good to re-acquaint myself with John Morgan from years ago, and he was curious about me, meaning he certainly knew who I was. To be honest, he is a very friendly and approachable sort, and extremely polite. When his son, Matt, saw us talking, he made it a point to introduce himself, too. There was no huge ego. Obviously, his mother and father brought him up right, and no doubt, he’s got a tremendous future ahead and I wish him all the best.

Finally, allow me to put one rumor to bed. According to an extremely reliable source, who shall remain nameless, Judge Strickland is relinquishing his bench for exactly the reason he stated. After 16 years, he wants out. He wants to help his wife with her business. This has absolutely nothing to do with any sort of investigation into how he handled the issue with the “blogger” named Marinade Dave or his statements made after the trial on Nancy Grace. Yes, WFTV hinted that there may just be an investigation, but my source was quick to point out that Channel 9 is the first and biggest one to sensationalize the news. Anything for ratings.

Rest assured, there is no investigation and Judge Strickland had every right to say anything he wanted after the trial ended. Besides, he already knew by then that he was going to retire. The decision was something he gave much thought to. This is a judge who so richly deserves a huge round of applause from all of us. I am honored to know him.

I will be away from my computer for several hours today. If you get caught in moderation, I will let you out when I can - later today.

Of Biblical Proportions

SOLOMON, PART I

On January 27, 2010, I wrote a post titled, “The Wisdom of Solomon”. It was two days after The Honorable Judge Stan Strickland listened to Amy Huizenga’s thieving friend plead guilty to thirteen counts of fraud. Here is part of what I wrote that day:

State Attorney Frank George stood up at his respective podium and began to speak. On July 8, 2008, Casey wrote a check in the amount of $111.01 that accounted for charges 2, 3, and 4. She wrote this check at Target.  On July 10, she passed a check at Target in the amount of $137.77 that accounted for charges 5, 6, and 7. Also on July 10, she passed a third check at Target for $155.47 and that took care of counts 8, 9, and 10. Counts 11, 12, and 13 took place on July 15 when she wrote a check for $250 at the Bank of America. He then brought up count 1 which referred to a deliberate scheme of conduct overall. She planned on writing checks until they bounced off the walls, I would guess. Good thing we live in the information age, where account balances are instantaneous almost everywhere we go.

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. He said that he had given this a lot of thought prior to sentencing. “I’ve done what I thought is fair based on what I know.”

In closing, he added what he felt was the right thing to do:

“There was not an even number of offenses, so I withheld in seven, I adjudicated in six. If that seems Solomon-like, it is.”

Of particular interest now is the Solomon-like decision Judge Perry faces regarding the recent clarification of Casey’s probation period set by Judge Strickland. I find it ironic that good old Solomon once again rears his head at the now acquitted and much detested convicted felon.

MOSES, PART I

That brings me to another biblical figure - Moses. He was the guy who cast ten plagues on the people of Egypt. He also parted the Red Sea after he turned the Nile into blood. The pharoah was none too happy with that, so he let Moses and his people go out of Egypt to be slaves no more.

My reason for bringing up Moses has little to do with him, actually. It’s more about the pharaoh at the time, and what his edict was while Moses was packing up the Israelites to wander in the desert for forty years. Every mention of his name and every word etched in stone was struck from the official records. (Historical records actually show that Ramses II was not in charge at the time, but Hollywood disagrees.)

As Ramses II, Yul Brynner exclaimed in Cecil B. de Mille’s film The Ten Commandments, “So it shall be written, so it shall be done.” In this same light, I proclaim that the name Casey Anthony will no longer be permitted on this blog. It is now stricken from the record. However, I do have an appropriate replacement. We know that Caylee called Cindy Ci Ci, and George was Jo Jo. What did she call her mother? How about Ca Ca? From now on, Caylee’s mother will only be known as Ca Ca. Yes, you know how it’s pronounced.

SOLOMON, PART II

Back to the problem Judge Perry called “a legal maze” and “a legal morass”. What sort of decision should he make? According to the Department of Corrections, Ca Ca served her probation while incarcerated and was duly discharged a year later; free from all restrictions. According to what Judge Strickland said in open court on January 25, 2010, her probation was supposed to begin AFTER her release from jail, not while she was sitting in a cell, and he made it clear last week, on August 1, when he issued a corrected Order of Probation and corrected Court Minutes, nunc pro tunc to January 25, 2010. Nunc pro tunc, of course, means now for then; whatever the action is, it has a retroactive legal effect.

Here’s the dilemma. Ca Ca’s defense argues that she has served her probation while incarcerated and they have a letter from DOC to prove it. On the other hand, Judge Strickland made it abundantly clear that Ca Ca did not serve her probation as per his instructions, and his order stated that it was to begin after her release, only there was a mix-up on the first order, as written by the court. But that was not Judge Strickland’s fault. Meanwhile, Cheney Mason filed a motion on his client’s behalf, the EMERGENCY MOTION FOR HEARING TO QUASH, VACATE, AND SET ASIDE COURT’S ORDER. 

Judge Perry said (at the August 5 hearing on the matter) that what Strickland stated in court should trump all - not what the defense claimed. At the same time, Perry acknowledged that she DID serve out her probation in jail according to the Orange County Corrections Department. What a quagmire. “If anything could go wrong,” he said, “it went wrong here.”

Perry is quite aware of safety concerns, meaning keeping Ca Ca safe from harm. To openly serve probation now opens up a can of worms since her address would be made public due to Florida’s sunshine laws. You know, what with all those death threats and whatever.

Phooey. Ask OCSO how many real death threats they’ve received since her release from incarceration. From my own experience with trolls and the “vengenance is mine” crap - yes, that’s the way one idiot spelled it, insinuating harm on me - almost every one of them lives far enough away to be a real threat, although I wouldn’t trust any of them face-to-face, and that leads me back to Ca Ca. Personally, I feel she should be more afraid the farther away from home she is, as she enters uncharted territory. There are more crazies out there in the world than there are in Orlando. Believe me, I thank God for the Atlantic ocean, but that’s another story.

Ahum.

Moving on, I am left with prior motions the defense filed before the trial which asked the court to seal jail records, including visitation logs, telephone conversations and commissary purchases. They were filed and denied while Strickland was on the bench, and they were refiled, along with new ones, after Judge Perry took over. Both judges made it very clear that the judicial branch holds no legal sway over the legislative branch; the one that controls jails and prisons. Consequently, neither judge ruled in favor of the defense because they had no authority to do so.

That leads me to what I think the judge should do. Since he has no power over the jail because it’s a completely separate governmental branch from the court, his decision should be based on those prior rulings. The court does not have to honor the administrative decisions the jail makes in its day-to-day operations. What both judges have been saying all along is that they have no control over the executive branch, and at the same time, the jail has no power over the judicial. There you have it - a very simple solution to a complex problem. Ca Ca did not serve a day of probation while incarcerated because she did not satisfy the court’s order. The heck with what the jail says.

MOSES, PART II

As Ramses said about Moses, let Judge Perry say the same thing about Ca Ca. So it shall be written, so it shall be done. While he wanders through what must be at least 40 years worth of court cases, let’s see how he rules. Personally, I think the answer should be a year of supervised probation. Afterward, she can find her Promised Land. By then, she should be old news and TMZ won’t pay her another dime.

Have a Happy Heavenly Birthday!

Explanation for Casey's Sunday Release Date

This was e-mailed to me by Karen Levey, Chief of Due Process Services for the Orange County Courthouse. The county requested that she distribute it. This should explain why Casey will be released from jail on Sunday.

July 12, 2011

TO: Interested Media

FROM: Michael Tidwell, Chief, Orange County Corrections

RE: Release Date for Casey Marie Anthony

Inmate Casey Marie Anthony was found guilty of four (4) first degree misdemeanors on July 5, 2011. In anticipation of the announced sentencing on July 7, 2011, jail staff began to calculate possible outcomes in order to be responsive to the Court. One scenario that was evaluated was a sentence of four (4) consecutive one (1) year terms in the Orange County Jail.

Initial computations indicated, based on a sentence of four (4) one (1) year terms, inmate Anthony was eligible for 240 days of “statutory gain time”, awarded at the rate of 5 days per month for each of the 48 months. In addition, inmate Anthony was eligible for “constructive gain time”, as authorized by County Ordinance due to her Protective Custody status. Calculations yielded a projected release date of 8/25/11.

On July 7, 2011, Orange County Corrections advised the Court of the projected release date of 8/25/11. Shortly thereafter, the Court issued an order awarding Ms. Anthony to 1043 days time served.

In an effort to respond quickly to the Court, Corrections staff recomputed the projected release date. The amount of “statutory gain time” remained the same, but the amount of “constructive gain time” was reduced as the projected length of sentence was reduced. In the process of this rapid recalculation, inmate Anthony was inadvertently credited with “constructive gain time” for a complete month July‐August, rather than for a partial month.

This oversight resulted in the Court being advised that the projected release date was 7/13/11. As with all time served cases, staff conducted a routine secondary review of the sentence computation and discovered the oversight. Once the oversight was corrected, it was determined inmate Anthony had been erroneously awarded four (4) additional days due to the change in length of sentence. This changed the projected release date from 7/13/11 to 7/17/11. This change was immediately reported to the Court.

What's Next? Hauling A Load of Kronk?

Casey’s defense suffered some major setbacks on Friday and Saturday, and Jeff Ashton showed us why he is one of the best prosecutors in the country. Did Jose Baez make any headway? What’s next?

Voice your opinion at Orlando Magazine.

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Feel free to add your thoughts.

THANK YOU!

Either Way

While attending court on Wednesday, I noticed a big difference in how Casey’s defense presented itself as opposed to past hearings. It was a dramatic improvement. It was also the first time I saw Dorothy Clay Sims, the Ocala attorney who specializes in aggressive cross-examinations of medical experts. She joined Casey’s team in September of last year. We will be hearing much more from her as we approach the trial, I’m sure.

On Thursday, Judge Perry opened the hearing by admonishing the gallery. He reminded everyone he does not want to see any smirking or hear any snickering. This includes moans, sighs and any sort of reaction that deviates from quietly sitting still and behaving ourselves. One thing I admire about him is the manner in which he handles issues on the surface. He seems to be rather uncomfortable with singling any person or group out. I would imagine if and when it ever reaches that point, the person(s) on the receiving end won’t be happy.

Thus began the day filled with testimony from detectives, deputies, jailers and the two Anthony men. When I arrived on the 19th floor, I expected to see a good number of OCSO’s finest, and I did. The first one I noticed was Sgt. John Allen, the lead investigator of this case. We had warm greetings and a firm handshake as we crossed paths. If you recall, Sgt. Allen interviewed me in December 2009 and I’ve spoken with him several times by phone since then; the last call was made in November 2010 concerning an idiotic conspiracy being promulgated on another blog.

I have an awful lot of respect for Sgt. Allen for several reasons. He made me feel very comfortable during our initial meeting. He was professional and courteous. He knew how to ask the right questions and he allowed time to talk about other things of interest, some personal, but mostly about the case. For instance, when Casey was initially arrested and all leads pointed to finding a victim, he and over 100 law enforcement personnel continued to search around the country for a living Caylee. You could clearly sense his dedication, focus and concern. No one ever gave up hope until after her remains were found. What I walked away with that December day was a good understanding of the man and the challenges he faces every day. I recall how OCSO and other personnel were castigated by family members for not doing more to find Caylee, but I knew they were. All they wanted was the truth.

I also had an opportunity to speak briefly to Cmdr. Matt Irwin and Cpl. Yuri Melich. During a more lengthy break, I had a good conversation with another detective, Cpl. Eric Edwards. Great guys, all. Of course, nothing about the case was discussed. Actually, the police had to wait outside the courtroom for two days waiting to be called. It’s my understanding that during the entire time, they were in limbo. In other words, no working on any present investigations. Everything was on hold. It seems like so much wasted time, but such is the case when charges are filed and trials ensue. It comes with the territory.

Agents of the State?

Just like I wrote in my previous post, I do not intend to relate a play-by-play account of what transpired in the courtroom. I will proffer my thoughts on the overall scheme of events and what the defense was after. The day before, it was the Miranda warning. On Thursday, it was Agents of the State.

First off, I think the M.O. of a cop is pretty simple. Cops do what cops do. They investigate. They uphold the law. They do a lot more than that, but let’s just stick with investigating and upholding the law for now, especially when the defense questioned both job descriptions. I understand what Jose & Co. were engaging in and while Wednesday may offer them hope, I’m not all that sure about Thursday. Taking a look at one of the angles Jose pressed was how he took it personally when the detectives allegedly told George his daughter could have found a much better attorney. OK, fine. So what? As soon as Casey lawyered up, she wasn’t going to open up to authorities any longer. That’s a given. Who she hired meant nothing because any attorney worth his/her weight in salt would have severed direct communications with law enforcement personnel, so who it was and how good or bad the person was wouldn’t have mattered. Cops and criminal defense attorneys are like oil and vinegar. Anything the law wants to find out from that point on just ain’t gonna transpire.

Because police act the way they do, they usually try any trick in the book to find answers. That’s what private investigators do, too. Short of anything illegal, that’s the name of the game. If you ever watch COPS, you’ll know that any and all people involved in suspicious activity are questioned separately. More information is collected that way. In this case, detectives knew that George was once in law enforcement and, naturally, he would be a better fit when it came to collecting additional information. He understood the lingo. As for Lee… well, Lee is a different breed of animal, but I feel that law enforcement sensed his desire to pursue the field of investigative work. Whether he’s a cop wannabe or not, he created his own agenda. He sure played into their hands. Remember, Dominic Casey told him to work on becoming a PI. There were two willing family members with George and Lee. Where it gets tricky is when the OCSO detectives offered to pick up George and drive him to the county jail to see his daughter, knowing that Baez was out-of-town. That in itself is not a big deal, but it is sneaky. Still, it’s nothing illegal. Where it becomes an issue, in my opinion, is when the detectives told Jose under oath that driving George to the jail was not an official trip. It was only to help him find the truth.

Hold on for a second… Uh… Hmm. Not an official trip. It most certainly was an official trip for four reasons:

1. It was a county vehicle filled with gas paid for by the county.
2. It was tape recorded without George’s knowledge.
3. George was accompanied by two detectives and one FBI agent.
4. Everything law enforcement does related to an investigation is most certainly part of the investigation.

Astutely, Jose asked why they would tape record the trip if it was not part of an investigation. He asked if any of them had ever done the same thing for any other person. Was it done out of the goodness of their hearts? He also put one of his former attorneys on the stand. Gabriel Adam may have had a problem with attorney/client privilege, but he was quick to point out the strange goings-on at the jail that day. Why was he not allowed to see Casey until much later? Because the detectives were in the building, setting up an appointment with dear old dad.¹ In the end, she did not see her father that day, she listened to her attorney’s advice, but I still find something to be a little bit problematic. Why say it wasn’t part of any investigation when, in fact, it was? That’s what cops do, after all. Is it enough to win the motion for the defense? No, not in my opinion and I’ll tell you why. While little lies may come into play during the trial, at issue now is whether the Anthony family was surreptitiously swallowed up by law enforcement to, unwittingly, do dirty deeds at their behest. Did they become Agents of the State?

No.

As desperate as law enforcement was to find the answers, so were the Anthonys. On the stand, all members of the family said they would have done anything to bring Caylee home. This was long before she was found. As a matter of fact, here is a direct quote from George:

“I would have sold my soul to the devil to get my grandchild back.”

They were in complete agony, yes, but as far as I’m concerned, if the Anthonys were Agents of the State, those detectives were just as much Agents for the Anthonys. Yuri Melich and John Allen were the only security blankets the family had at the time, if not all of them, then certainly George. What those detectives did was what they do every day. Sgt. Allen summed it up nicely:

“We were doing this at their request but certainly anything that if we had got of evidentiary value we would have used it and turned it over to the prosecutors.”

Another potential issue is the letter Casey wrote to then Sheriff Kevin Beary. Did the detectives coerce George into convincing her to do it without Jose Baez’s knowledge? Even so, should it matter? No one twisted her arm, and the police had no direct contact. That’s why this “agent” thing is such a big deal to the defense. If they can link the police directly to Casey, it could, potentially, mess with attorney/client privilege. Sgt. Allen told Lee on numerous occasions that “she has an attorney, we can’t talk to her but you can.”

Will the defense win this one? I’m inclined to think not. Everything up to that point was done voluntarily, all players were adults, and they shared one common goal - to bring Caylee home. The Anthonys were willing to do whatever it took and, in the end, the bottom line is simple. The police work for us. Right?

§

One of the nice things about being able to sit in the courtroom is that there is so much more to see than what’s viewed on television. The added depth and dimension are huge advantages. Jose posed a hypothetical question to George. He wanted to know, if he was subpoenaed to testify in court next week, knowing that if he chooses not to attend, it would save his daughter’s life, what would he do? Linda Drane Burdick vehemently objected. The judge overruled and wanted to know George’s answer. He told the prosecutor it could be discussed in a sidebar after he answered the question. Jose asked him again. George replied that he would stay away from court and risk it all, including any form of punishment, if it meant it would save Casey’s life. He broke down on the stand and cried all the way out the door after he was excused.

Ultimately, the judge overruled the prosecutor again after the sidebar, but what you couldn’t see or sense on TV was the emotional state of the gallery at that precise moment in time. The cameras couldn’t show you the welling tears of some of the spectators. It was then that we really felt the agony inside of that man. It was real. For whatever you think of him, this is something we can never deny.

If the defense succeeds in acquitting Casey, one thing is certain. It will never be the same. As cruel and distant as she has become toward her family, who she ignores, she will most assuredly never, ever go back to Hopespring Drive and what she left behind. No, George, she may win, but you will never be able to go back. Either way, for you, Cindy and Lee, it will be a lose/lose situation. Caylee already lost.

I want to say hello and thank you to my courtroom friends on Wednesday and Thursday. I had planned on attending Friday, too, but I had other obligations that almost slipped my mind. Hello to Diana in Asheville! I wish we would have had more time to talk. To Gloria and Jim, I enjoyed our “lunch” together and I look forward to hearing from you soon. And to Melinda and Pam, I really, really enjoyed your company.

¹When Gabriel Adam was through testifying, including the cross-examination, Judge Perry took the unprecedented step of continuing to probe him about his visit with his client. This may not bode well for the State. Something got his attention.

What a difference a sentence makes

In January of 2009, U.S. District Judge John Antoon II accepted Robyn Ann Adams’ plea agreement and sentenced her to 10 years in prison. Her husband, Clay, was sentenced to 17. He had been an Altamonte Springs police officer. He pleaded guilty in October of 2008 to multiple weapons charges and one count, along with his wife, of conspiring to grow more than 2,000 lbs. of marijuana.

Yesterday, Robyn was booked back into the Orange County Jail in order to testify at the hearings this week. I seriously doubt she and Casey will see one another until they look into each others eyes in the courtroom.

Booked Monday, February 28th, 2011 - Return Per Court Order from State Facility