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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I Was There

The courtroom got very graphic as the state entered photographs of Casey’s skull and other evidence found at the scene. Please read my account of the day, including sketches of the skull

Only at Orlando Magazine.

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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.

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Stalemate?

I have been a little under the weather lately, but in all honesty, I had planned on writing about the Frye hearings and how I believe the judge will rule and why. Now, with so much attention focused on the impending 48 Hours Mystery program that’s scheduled to run this Saturday night, I feel compelled to proffer my thoughts on the matter. On the show, a mock trial jury acquits Casey Anthony of first-degree murder.

I recently wrote about a motion filed by Cheney Mason that accused Judge Perry of bias in favor of the state. On Fool’s Mate, I explained how useless the motion was. In my opinion, it was a feeble attempt to intimidate another judge into stepping down and it failed miserably. Belvin Perry, Jr. is going nowhere until this trial is over, but once again, I see the defense testing the judge’s fortitude, determination and resolve.

Yesterday, Orlando attorney Richard Hornsby published a new article on his blog that focuses on one particular aspect of the CBS piece - whether Jose Baez may have inadvertently waived attorney/client privilege because of a jury consultant who aided the defense. At issue is whether he was paid or not, and if so, by whom. Did CBS pick up the tab? Will we ever know? I strongly encourage you to read it because it is the most brilliant essay to date on this very strange and convoluted saga.

Early on, when this case was still in its infancy, Jose Baez successfully argued against a State motion requesting the imposition of a gag (or suppression) order. That was way back in November 2008. Judge Strickland said he would issue one as the trial nears. A few months ago, Judge Perry said he would impose one, too, as the trial draws nigh. With less than a month to go, when does His Honor plan on ordering one? I can’t think of a better time than now.

The law.com Website’s legal dictionary describes a gag order as:

“a judge’s order prohibiting the attorneys and the parties to a pending lawsuit or criminal prosecution from talking to the media or the public about the case. The supposed intent is to prevent prejudice due to pre-trial publicity which would influence potential jurors. A gag order has the secondary purpose of preventing the lawyers from trying the case in the press and on television, and thus creating a public mood (which could get ugly) in favor of one party or the other. Based on the ‘freedom of the press’ provision of the First Amendment, the court cannot constitutionally restrict the media from printing or broadcasting information about the case, so the only way is to put a gag on the participants under the court’s control.”

What this means is that the judge is powerless to stop media from running stories about the case, but he can stop everyone directly involved (meaning attorneys) from talking or writing about it. This would include investigators on both sides of the aisle. While CBS or any other media outlet would not be bound by law to kill a story, the legal implications should, nominally, deter editors and news directors from publicizing further stories based on inside sources or whatever means are still available. At the same time, it would have no effect on information garnered prior to the order, like Saturday night’s program.

On May 9, Judge Perry and all counsel affiliated with Case No. 48-2008-CF-015606-O will assemble inside a courthouse outside of Orange County. Its sole mission? To pluck a jury of Casey’s peers, who will then sit in judgment of her the following week, in what many consider the trial of the 21st century; still quite young. The jury will come to Orange County, where it will be sequestered. If this proves to be problematic, the judge will attempt to seat a jury from home, and if all else fails, somewhere else - until the job is done. Right?

Well, there may be some complications that could, quite possibly, quagmire the will of the people of the great state of Florida.

In May of 2009, Jose Baez requested a change of venue. This is a legal term for moving a trial to a different location. In a high-profile case like this, it could be next to impossible to seat a fair and impartial local jury due to the widespread publicity in print and broadcast media. However, a judge has other options. He could deny the motion and remain at home, risking a retrial on a post-conviction appeal, or he could deny the motion and attempt to seat a jury from a demographically similar area. Since the Rodney King case, courts have focused on efforts to ensure that demographics from another community are as similar as possible to the demographics of the community in which the criminal offense allegedly occurred. Although it’s only a jury that will be brought to Orange County in order to save taxpayers millions of dollars, it’s intent is to satisfy all parties without any of the bias stirred by so much local publicity. That’s the goal, anyway, but I see something else… an ulterior motive by the defense.

Granted, the wheels of justice are not always round. In the United States, a defense has every right to utilize any and all means available to exonerate their client as long as they abide by the laws of the land; in this case, state statutes and rules of criminal procedure. During Casey’s trial, her defense won’t have to prove she didn’t murder her daughter, guilt falls squarely on the prosecution. Prove it, in other words. In the meantime, the defense can do what it wants to diffuse the charges brought against her, meaning it could try to taint a jury throughout the state until a gag order is in place. Is it fair? Of course not, but it’s not illegal, and appearing on TV isn’t, either. Is the defense taking advantage of the present situation? You bet, but in all sincerity, is it really all that sinister?

Let’s say the location of a potential jury is demographically similar to Orlando and Orange County. Let’s say this area, because of the similarities, has a daily newspaper like the Orlando Sentinel and the requisite network television affiliates, ABC, CBS, FOX and NBC, including independents and radio stations. We can pick anywhere in the state, like Miami or Tampa or Jacksonville or Tallahassee. Why not throw Ft. Myers into the mix?

Eenie, meenie, miney moe, pick a jury, friend or foe.

Okay, let’s say Tampa. No, I don’t have a clue, so don’t ask. The population of Hillsborough County is 1,229,226 according to the 2010 census. The population of Orange County is 1,145,956. For the sake of argument, that’s close enough. Tampa has its own newspaper, The Tampa Tribune, and lots of TV and radio stations. I’m not discussing whether it’s too close to Orlando or not because, as you shall soon see, it won’t matter.

One of the most prevalent aspects of today’s world is that we are very much a global community. What just took place in Peoria, Illinois can be read and seen within minutes of the story breaking. We live in a digital world, and news travels as quickly as thunder catches up to lightning. Not only do we have tons of reliable sources available, we have a more powerful tool today - the Internet. I remember when small town newspapers offered communities intimate coverage of what was going on in their respective neighborhoods. Dora Holsopple made pancakes for her grandchildren after church services on Sunday. Mildred Holcombe’s dog bit the paper boy, Teddy Harvey’s son. Roy Kronk found the skeletal remains of a missing toddler. Odds are, you heard about the last one as quickly as I did, whereas, 30 years ago, you may not have heard about it at all. In today’s society, it’s darn near impossible to plug up holes that spill news and gossip from just about anywhere. That leads me directly to Casey’s defense. Remember, Jose Baez & Co. can do whatever it takes to free their client as long as it’s within the confines of law. Playing dirty may be an issue to you or me, but all things are fair in love and war - in this case love being Casey’s innocence, whether she is or isn’t. And while the defense cries foul over leaked information pertaining to their client, they are more guilty of doing it than anyone or anything else. To me, it’s more of a risk because if a jury is eventually seated, which should be the case, the defense cannot base an appeal on what they, themselves, did from the start. To me, it’s a big gamble. So is Saturday night. To understand the full extent of what the program probably entails, we have to wait until then to watch it, but meanwhile, in its description of a mock trial, therightjury.com states:

“A mock trial is a more in depth, formal, and extensive focus group which also tests the effect of opening and closing statements on the jury. In a mock trial, jurors will be exposed to opening statements, closing arguments, crucial witness testimony, and any evidence or demonstrative evidence which is important to the case. During mock trials, however, the attorneys play themselves, with one attorney from the firm playing the opponent and advocating accordingly. Should the attorney wish for his/her client and/or star/expert witness to be examined in front of the jurors, then the actual client and/or star/expert witness must be present.”

In Casey’s mock trial, she wasn’t present, but it seems so hypocritical, doesn’t it? While the defense complains about bad publicity, they go on national media exposés for the entire state to see. I strongly contend that they are doing their utmost best to taint a jury pool throughout the state for one reason only: to ensure that she will never be able to get a fair trial anywhere. God knows, media outlets are just about everywhere in Florida. So are antennas and cable channels. There’s also the Internet and satellite dishes. In my opinion, this defense knows exactly what it is doing. With so much at stake, Judge Perry said he would impose a suppression order before the trial begins. When? I say, the time is ripe. Slam the door shut! It’s getting stale. As much as I hate to see this sort of order coming for the sake of freedom of the press and what we are still allowed to disclose, there’s no better time than at the next hearing. This, on the precise Friday - one year ago - that Cheney Mason fired off a motion to dismiss the trial judge. Oh yes, I remember it well, but let’s not go there. It makes me gag.

Interesting day of discovery

More documents were released today concerning the investigation into the death of Caylee Marie Anthony. Some of the discovery is not very revealing, while other documents are. For instance, several TES volunteers described receiving phone calls from private investigators stating they were “calling from the Orange County Courthouse.” While misleading, they were not illegal. Cpl. Yuri Melich wrote in his incident report that an “investigation was conducted in order to determine if a private investigator working for the Casey Anthony defense violated State Statute by falsely impersonating an officer as per Florida State Statute 843.08.” He added that “there is insufficient evidence to prove anyone violated this statute.” Yes, several people complained the callers had misrepresented themselves, but by merely saying they were calling “from” the Orange County Courthouse failed to constitute probable cause that a crime was committed. I have to agree. I’ve made phone calls from the courthouse and by merely telling the other person I am calling from that location reveals nothing. I could be there for a hearing or something else.

What I did find interesting is that, while a lot of people believe Jerry Lyons is working alone, or that Mort Smith is still somehow involved, two new names surfaced. AHA! We can now add Katie Delaney, Gil Colon and Scott McKenna to the list. What would be intriguing would be if the SAO decided to seek the cell phone records from all of the PIs to see if they really did call from the courthouse as they claimed.

(See: http://www.wesh.com/pdf/27161837/detail.html)

Julie Ann Davis

Julie Davis was a TES searcher who was a K-9 handler. Her dog was trained to find human cadavers. She searched the Suburban Drive area on September 7, 2008 along with Tammy Dennis, Karen Gheesling and Luther Peeples. Tammy Dennis was also a dog handler. None of the dogs alerted anyone to a body. She was clear in her memory of where she searched, and more signifiacntly, where she didn’t. She said she looked at the end of Suburban, across from the school, with her dogs. So did Tammy. They found nothing unusual. She also said she looked into the wooded are where the body was eventually found, but not with her dogs, that remained in her car at the time. Those particular woods were overgrown with brush and flooded, she told Cpl. Eric Edwards on February 3 of this year.

“Um, I got out of my vehicle, walked along the edge of the, the tree line there. Looking inside that vegetation ah, it was thick, but I could see through the thickness was a lot of water.”

One of her most significant statements she made was that it may have been very difficult to find a body. Many variables would come into play.

“It depends on the body if it was wrapped in bags whether or not that K-9 would be able to detect that.”

(See: http://www.wesh.com/pdf/27161880/detail.html)

Cpl. Mark David Hawkins

Mark Hawkins was a longtime friend of Casey and her family. She often talked about visiting him in California, where he was stationed as a U.S. Marine. He knew her from their high school days together. After finding (alleged) samples of human decomposition, samples of Caylee’s hair and chloroform in the trunk of Casey’s vehicle, Hawkins came forward and offered to help in the investigation since he had knowledge of the victim and her family. He admitted that his relationship with Casey was only plutonic; that they had never been sexually intimate together. He said that they both agreed that they should just remain strictly friends. He was in the military and constantly being sent to different locations. Casey said she didn’t want a transient life for herself or Caylee.

“In late June/early July 2008, Casey and I were talking regularly, as I was keeping her updated on some medical issues of mine. She was worried about me and stated she wanted to come out to CA to see me, although there were never any solid plans made. A week or so later, Casey called me and was noticeably upset nd frustrated. She said she had something to tell me and couldn’t say it over the phone. She said ‘something happened’ a long time ago, but wouldn’t say what it was. Casey said she told her mother and brother whatever it was and they became angry & frustrated about it. I asked Casey what happened and tried to get her to tell me, she just saind, ‘Hey Mark, it’s just something I want to tell you in person’. I thought maybe there were some issues between her and her father or thought she was possibly upset about something else and she was just sort of dancing around it.”

In my opinion, this could have been the start of her accusation that her brother used to molest her. NCIS, the U.S. Naval Criminal Investigation, sent Supervisory Special Agent Leroy Jethro Gibbs and Probationary Special Agent Ziva David - JUST KIDDING! NCIS sent Hawkins to Orlando where he agreed to be wired up by FBI Special Agent Steve Mackley. He met with Casey at her house on October 9 and 10, where she was under house arrest after Leonard Padilla bonded her out of jail. Casey never did make admissions related to the death of her child, although this was prior to Caylee’s body was found. Casey also told Hawkins her brother, Lee, knew most of the story about what happened to Caylee. She added she would tell him all about it one day. I doubt Lee was in on the murder, though, and he was never a suspect.

(See: http://www.wesh.com/pdf/27161404/detail.html)

Anne Pham

Anne e-mailed Yuri Melich on February 1 of this year to tell him that on the morning Caylee’s remains were discovered the two of them spoke over the phone as the news broke. Laura never said anything about searching that specific area of Suburban Drive. In fact, it wasn’t until weeks or months later that she started claiming she searched there. Pham continued by saying that other searchers had no idea about Buchanan’s claim. Buchanan thought Roy Kronk was somehow involved in the murder of Caylee.

(See: http://www.wesh.com/pdf/27161898/detail.html)

Dr. Barry Logan

Dr. Logan is an expert in toxicology and analytical chemistry for NMS Labs. He has been retained by Casey’s defense.He will argue that there is no standard operating procedure for the use of the equipment utilized by Oak Ridge National Laboratory. He also states that the database was established with a total of four cadavers buried underground. There’s no demonstration that the findings would apply to human bodies that decomposed under different circumstances, such as in the trunk of a car. As an expert witness, he bases his opinions on several factors, one of which is that Oak Ridge is not a forensic laboratory, nor is it ASCLD-LAB qualified.

(See: http://www.wesh.com/pdf/27161862/detail.html)

Dr. Timothy Huntington

Dr. Huntington concluded that the species of fly associated with the garbage bag in Casey’s trunk is unremarkable and of no forensic value. Also found in the trash was a single dermestid beetle larva that’s of no significant value. Of course, he acknowledged that the findings were open to revision and reinterpretation, but we are now seeing what some of the defense witnesses will testify to at trial. He continues by claiming that, given the conditions in the trunk, specifically increasded temperatures due to solar radiation, adult flies found in the trunk on July 16, the eggs should have not been laid before July 2. Of course, the two sides will be arguing over the insect evidence at trial. Big time.

(See: http://www.wesh.com/pdf/27161900/detail.html)

(See: http://www.wesh.com/pdf/27161900/detail.html)

 §

In a minor setback for the defense, DNA tests on a laundry bag and shorts that were found with Caylee’s remains came back negative. It may have helped raise reasonable doubt. 

§

Depositions

Several depositions were released yesterday. One that was filed comes from the Orange-Osceola Medical Examiner’s Office, where Dr. Jan Garavaglia works. In her September 28, 2010 deposition, she confirmed that the remains showed no signs of trauma. Nothing led up to the cause or manner of death. When defense attorney Cheney Mason asked her about other possibilities besides murder, such as playing with a plastic bag or drowning, she replied that because nothing was “reported immediately to the hospital or law enforcement to try to rescuscitate this person, or EMS, and this person is still found with duct tape on the face, I would still call that a homicide.”

I know many of us have already heard that revelation, and we may remember what Kiomarie Cruz said, too. Another deposition came from OCSO Deputy Appling Wells from his March 9, 2010 deposition. Kiomarie told him that Casey “didn’t really want the baby” and that she wanted to give it up for adoption. Cindy wouldn’t allow it.

Wells met with Cruz on July 19, 2008. She and Casey were friends from middle school and high school and they used to hang out in the woods across from Hidden Oaks Elementary School. She told wells that they used to go there to do adult things like fornicate and smoke wacky weed. “If Casey was to do something bad,” she told him, “maybe this is where she would put the baby.”

Jose Baez questioned him about Kiomarie’s mental health and Wells said, “I didn’t think that was an issue talking to her.”

Wells said that after Casey was first arrested, she was shocked and most likely “a little pissed off.” 

He discussed meeting with the Anthony’s neighbor, Brian Burner, about the time Casey borrowed his shovel. “She brought it back an hour later,” Wells said. “Nothing stood out as far as being something wrong.”

Later, he had a “police officer to police officer” chat with George looking for evidence that “someone, something had been buried” in the back yard.

Finally, and some in the media may find this a bit unsettling, Wells expressed his annoyance with the media throughout his deposition. He considered them to be obsessed with the story.”They’re just vultures,” he said.

(See: The Orlando Sentinel, March 11, 2011)

'twill be a very good year

Monday Monday

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

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

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

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

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

Alleged photos by Joseph S. Jordan

CELL PHONE IN BAG?

HAPPY NEW YEAR, EVERYONE!

It should prove to be a great one.

Two Years Later

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

Casey McDingles

HERE’S WHAT REAL WITNESS TAMPERING IS ALL ABOUT

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

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

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

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

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

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

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

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

A DATE WITH CASEY

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

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

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

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

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

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

More from "My bus runneth over"

ENTERING THROUGH THE BACK DOOR

Casey's tragic bus took another wrong turn when it recently handed her former and final boyfriend, Anthony Lazzaro, a copy of a subpoena duces tecum without deposition for phone records from January 2009 to present.

What's this all about? Casey has been locked up for how long? What would her legal team want to do with poor Tony's cell phone records for the past year-and-a-half plus? William Jay, his attorney, thinks that whatever it is, it's no good. He countered by filing a MOTION TO QUASH SUBPOENA DUCES TECUM. Should Baez & Mason be surprised?

What exactly is a subpoena duces tecum without deposition?  A subpoena duces tecum is a summons ordering a party to appear before the court and produce documents, in this case, cell phone records, that could be used at a hearing or at Casey's trial. The literal translation from Latin is to "bring with you under penalty of punishment." The without deposition part means that Lazzaro would not be compelled to appear in person to offer those documents. Whew, what a lucky break.

Here's the problem that the defense doesn't get. After a hearing last August, Judge Stan Strickland - yes, the fine, upstanding and highly revered judge the defense had removed from the case this past April - ordered that, "the time frame allowed to be subject to a subpoena duces tecum was from June 1, 2008 to December 18, 2008."

If you recall, the defense wanted Roy Kronk's cell phone records, too, for a similar period of time. They were denied that request. Poor Roy Kronk was one of the first ones the defense pointed incriminating fingers at while tossing him under a few speeding Van Hool tires.

What would Casey's attorneys do with Anthony Lazzaro's cell phone records from the past twenty months or so? Imagine looking into each and every person he ever made and received calls to and from. Why, if only half of them could be investigated for the next three years, give or take, two things may happen. One, the trial would surely be postponed, and two, there may be a Zenaida or two in that there briar patch. That's a thought, but Baez can't afford another three years pro bono and Mason will be retired by then. No, it's not that. What actually strikes me as funny is that this team recklessly pursues everyone law enforcement has cleared. This includes the Grunds, her former friends, Kronk, of course, and a number of others.

Do I think the defense is trying to pin the crime on Lazzaro? No, I do not. Once again, this is a feeble attempt to discredit the state's prime witnesses, and if he ever made a prank call to Pizza Hut and it's in those records, all of his credibility will fly out the window. "Your honor, this proves the state's witness is unreliable."

I expect this sort of treatment. It is the defense's job to tarnish everyone the state plans to call up to the stand, excluding experts who will go head-to-head with their own slate, but in this particular case, as in many others; just what does the defense really need 26+ months of phone records for? As soon as Lazzaro realized who and what he was possibly dating, he high-tailed it. Casey bit the dust and is, most likely, nothing more than a morbid thought in his mind today. Meanwhile, all this team seems to be going after is the stand-up crowd, with no Zenaida in the patch. Anthony Lazzaro's phone records aren't worth a rabbit's foot. He moved on with his life. Should his girlfriend of today be slapped around, too?

In his wisdom, Judge Strickland made the right and proper call. With Judge Belvin Perry now at the helm, did the defense realize it would lose another Motion for Reconsideration of Prior Rulings if it chose to go that route instead, so, let's choose another path? Enter through the back door. Hand little guy Tony an official order and hope he doesn't take it to his lawyer. Well, he did, and William Jay knew exactly what to do with it. So will Judge Perry.

Texas Equitable

"My bus runneth over."

I can almost picture a sign like that hanging on the wall of a particular attorney's office.

Princeton University's WordNet describes equitable as fair to all parties as dictated by reason and conscience; "equitable treatment of all citizens". Three important words jump out at us - fair, reason, and conscience. I have come to believe that, during the course of two years, Casey Anthony's defense has been anything but that. A recurring theme continues to cling to the backs of our minds; who else will the defense throw under the bus?

When Casey Anthony forced the hand of an extremely fair and equitable judge, that being the Honorable Stan Strickland, it was unconscionable. What we caught was a real life glimpse, a puzzling ponderance, into the stupefying notions of her defense and what they would be capable of doing to anything that stands in their way, past, present and future, if necessary. Trust me, I felt the wrath, but in the end, it was nothing personal because this team has no conscience. The age old idiom flares its nostrils and cries it's a dog eat dog world, only in real life, some people are mutts; wolves in fox's clothing. Yes, the first to fall, but not from grace, was the judge, who is regarded as one of Florida's finest. Next came Roy Kronk, whose alleged dalliances have nothing to do with this case. Why attack a man's integrity? Why would this defense foolishly infer that he was capable of murdering Caylee Anthony? When that idea fell through the cracks, the defense moved on. After all, the bottom line was that Roy had all the evidence he needed to prove he had nothing to do with the toddler's death. Of course, we cannot leave Richard and Jesse Grund behind. The heavy tire tracks are still indented in their reputations, unscathed prior to this debacle. They haven't had a chance to scrape themselves up from the defense road to virtual perdition.

Now, we're faced with Tim Miller and Texas EquuSearch. A fierce and dedicated fighter who sought nothing more than closure and justice for Caylee's death, he, too, has come under the tread of Jose Baez's and J. Cheney Mason's tragic bus. Prior to Mason's entry into this case, the defense claimed that Casey was in jail when the body of the little girl was tossed away for vermin to devour. Therefore, she couldn't have done it. Dr. John Schultz, Professor of Anthropology at the University of Florida, concluded that the body had been placed in the woods off Suburban Drive before or soon after June 17th. Some of the evidence he examined to make this determination included the amount of decay on the bones, the scatter patterns of those bones from animal disturbances, leaf growth through the bags and the remains, and positive indications she was in those woods during heavy summer rains because of muck deposits on bones.

Those are the facts. What the defense will try to prove is that there's no proof Casey placed the corpse there. They will also dispute the findings of Schultz and Dr. Jan Garavaglia, the Orange/Osceola Medical Examiner, who concurs. No one saw Casey do it, therefore, it could be anyone else, including a searcher.

One thing that has captured my mind is this obsession with TES records. I understand it's the defense's responsibility to dig deep into all possible clues; to search for the, sometimes, elusive thread of hope, but I smell a set-up. The bus is rolling and looking for new victims; new lives to destroy in its path. Although gone, Todd Macaluso confidently declared a year ago that the body was placed there while Casey was incarcerated. Mason switched gears and said that no one entered the woods when TES searched the area in September of 2008. He acknowledged the area was flooded. This was a major revelation except for one thing – he didn't state that it couldn't have been anyone else who, in fact, did look on their own time and off the documented records kept by Tim Miller's group, almost 4,000 strong. It still begs the question, if no one from TES searched there in September, why the incessant need to examine all those records? Because the body could have been tossed in November or December by a TES straggler. Scrutiny is the key element.

The tack this defense is taking is not unusual. It will rely on discrediting the state's evidence, which is predominantly circumstantial. Call it mucking. All the defense has to do is debunk whatever it can, and never mount a credible attack based on their client's innocence. That's why they never looked for Zenaida Gonzalez. She doesn't exist and never did. Why seek what isn't there? Casey will never take the stand and she will never seek a plea. Why should she?

In my opinion, Baez & Company will scour over those records. Openly, Baez said, “We just want to be as thorough as we possibly can.” Behind closed doors, it may be another matter. When Chief Judge Belvin Perry granted the defense full access to those records with the stipulation that they not be allowed to publicize any private information about the searchers, it was a victory of sorts. Why? Because 4,000 people will have their cans of worms opened and the skeletons in their closets will be scrutinized beyond reproach.

What will stop this team from stretching out their arms and pointing fingers at several searchers as possible suspects fully capable of murder? Why couldn't it have been someone else, a real “Zenaida” who stole the girl and joined the search in order to hide her? Holy mackerel! The mother lode! If a Zenaida Gonzalez exists, it will be one from TES. Under an assumed name, of course.

In the final quarter of 2008, I was not healthy enough to help search for the missing toddler. Today, I'm almost glad, because I would now be one of the many names the defense team could target. Oh well, they're going to be going after people with criminal records and disgruntled ex-spouses. In my case, it's immaterial. In life, I try to be fair. I know how to reason, and I have a conscience. Just like Tim Miller and all those searchers, who only wanted to help. From the defense, all I'm smelling are exhaust fumes because my bus already came and went. Tim's is on its way. That's not very equitable, is it?

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TEXAS EQUUSEARCH

Lyon Down

This is an opinion piece based on my observations in and out of the courtroom.

"You're really not going to notice any difference in the way the team operates."

- Cheney Mason

I never planned on writing anything about my interaction with Andrea Lyon because it wasn't all that relevant. Yesterday, that changed when she stepped out from the Casey limelight and the shadow of Cheney Mason. To be honest, it came as a complete surprise to me and I'll be the first person to say I thought she would be there until the end; that she would do her very best to keep Caylee's mother from the clutches of death, if it comes to that. Whenever anyone asked me if she would stay or leave now that another death qualified attorney joined the team, that was my standard answer. To me, she was the best chance Casey had. Well, that's no longer the case, and when I think about it and try to put everything in perspective, I never would have guessed that Judge Strickland would be off the bench, either. Interestingly, Judge Strickland and Andrea Lyon have something in common. Both left after Cheney Mason joined the illustrious defense. He's the common thread and the one that, in my opinion, had something to do yesterday's Motion to Withdraw Counsel. Time will tell if her absence becomes noticeable or not, but so far, I see no improvement after one fair judge stepped down, only to be replaced by another. I make it a point to say he went from Strickland to stricter, and because of his lengthy and seasoned career, he should have known you don't change horses in mid-stream. With yesterday's turn, I'm afraid it was brought about by conflicting viewpoints, along with other factors such as money and scheduling issues. We must consider that Mason had already assumed many of her responsibilities involving the death penalty and this should have been an overt clue. It was a natural transition I never recognized, but I still feel she was and could still be extremely essential to the case.

Under Mason's tutelage came a complete shift in strategy as witnessed at the last hearing and press conference. No longer was Roy Kronk the defense's main target. No longer will it embrace the theory that TES searchers went into those woods earlier on, when the area was flooded. Remember, it was Mason who said there's a difference between missing and disappearing. I'm not suggesting that there were problems with those issues. What I will strongly hint at are bones of contention we may never know about, and when push came to nudge in a battle of intellectual supremacy, was it really worth the trouble from all the way up Chicago way?

Today, I sense a strong possibility that, with Andrea gone, the trial date could be moved ahead at least a week. After all, it is her daughter who is graduating college the week of May 2nd. Judge Perry wanted it to begin that week but he graciously accommodated her. Suddenly, as the judge continues to poke and prod both sides to speed things up, it takes on a new and earnest meaning and that could come to fruition, only don't bet the farm just yet. Trust me, I've been wrong before.

♦

When Andrea Lyon's book, Angel of Death Row, was published, I wrote apost about it based on excerpts published on the Scribd Web site. Soon after, I attended a hearing and had a chance to talk to her. That was the day I "famously" handed my business card to Jose Baez. You know, the card that DOES NOT have my address on it. Walking to the parking garage, I had a friendly chat with Mort Smith, the defense team's private investigator who will, incidentally, remain with the team. As we continued to walk, I asked Andrea what she preferred to be called, ANN'-drea -- AHN'-drea, Ahn-DRAY'A or Ms. Lyon?

"ANN'-drea is just fine," she responded. Okay, Andrea it is.

I told her I had written a post about her new book. I also told her I found a typo in it. A couple of weeks earlier, I sent her an e-mail pointing it out and I wondered whether she received it or not. She acknowledged that she had and then thanked me. She said it would be corrected by the next printing. Along with several other bystanders awaiting the elevator, we all boarded together. Jose asked me if I was going to buy the book. I said, yes, if she would autograph it. Then, he turned to her and jokingly chuckled, "Good, at least one person will be buying it."

Needless to say, the garage elevator is a lot faster than the courthouse ones that go up 23 floors, and in a snap, we parted ways.

♦

The next time I spoke to her was after a later hearing. We were standing outside the entrance/exit doors at one of the now familiar post-hearing press conferences. Standing by her side this time was Linda Kenney Baden, who will also stay on. As Jose was finishing answering questions, I moved closer to the women and asked, "Andrea?"

"Yes, David," she quickly responded. What I discussed with her was of no relevance here, but we stood within inches of each other and I was surprised at how approachable, charming, and downright friendly she was. She was very relaxed, open and candid, too. She even introduced me to Kenney Baden. What I could see in her eyes was an extremely caring individual. Of course, I witnessed it in the courtroom, but, for the brief moment we talked, I sensed - up close and personal - a lot of compassion despite her well known courtroom theatrics. I was impressed that, out of all that was going on in her life, she remembered my name. That was duly noted and appreciated.

I will say this. When she joined the defense team 13 months ago, I thought she was a dedicated woman, it was certainly a step in the right direction, and she was a most positive addition. Up until yesterday, she was the only person of the main three members - meaning her, Baez and Mason - I had the most respect for. I guess I will always have a soft spot for a deeply humanitarian woman, but it was more than that. I happen to hold the same opinion regarding the abolition of the death penalty and I know how committed she is to that cause. That's precisely why her decision to part company came as such a surprise, but I should know better by now. Look what happened to one key player, not to mention little old me, but speaking of judges, here's something you never knew. Neither did she. She felt that a certain judge didn't like her. In the end, and I can say this in all honesty as I bid her well in her present and future endeavors... Andrea? You were dead wrong about that. Take heart, and as you take leave, take that with you.

An Observation

Someone on one of my other sites mentioned something that, I think, is very interesting. Most of us know by now that Casey and her friends played in the woods across from Hidden Oaks Elementary School. One of her friends, KioMarie Cruz, stated that the area was also a burial ground for pets. Today, those woods are separated by a chain link fence. So are the woods on the north side of Suburban Drive.

From my own observations of the area, and from video footage I've shot, the land directly across the street from the school is the only place elevated enough to keep from flooding. Because of this, I maintain it was the spot where neighborhood children played, before the fence was installed. They did not play close to where Caylee's bones were found.

From Pipkin50:

"... I would like to remind everyone who is interested in this case that Casey went past these same woods for 6 years while attending elementary school. Basically, for her entire life she had observed this particular area of woods go unattended by the land owner---making it a perfect place, in her mind, to dispose of a body. 'Close to home' =down the street in the woods 'safe' = protected with 3 layers of bags."

That's a compelling thought. Living close to Hidden Oaks, Casey walked that path almost every day during the school year. I know some people think Casey said 'close to Hope' and that may be true, but it's not necessarily relevant because Caylee was found close to home and close to Hope, short for Hopespring or Hidden Oaks Elementary School, which is a stretch in my opinion. 'Holt' has also been tossed around.

Do you think that, because she walked by those woods every day, she was very familiar with that precise spot? It's solitary, and I would say, very uninviting and downright spooky to young children. As I said, the woods on the school side (north) are separated from the street by a fence, and there is a sidewalk on that side only, not on the south side where the body was found. From my trips to the neighborhood, I have not seen any children walking on the south side of Suburban as they leave school, particularly in that area where snakes and other vermin abound. Prior to December 11, 2008 and beyond, were children told by their parents and teachers to avoid that place because of inherent dangers, and to always stay on the sidewalk? Has it been drilled into them? Remember, that's also the age when children have wild imaginations and the boogeyman exists. Was it the perfect spot because no one ever went in there? Until Roy Kronk came along?

Could this observation be presented by the prosecution at trial, or is it too vague and not relevant?

Hot off the grill...

It's been almost two years since my friend Rick died. He drank himself to death. No matter how much I tried to rescue him from the bottle, he wanted no help, and in the end, it was alcohol that pushed him to an early grave. Years earlier, Rick ran an NCAA Basketball Tournament betting sheet where you pick 32 of the 64 team field, eliminating each bracket until only 2 teams remain to play the championship game. In this particular bet, there were two winners to split the pot. I was one of them. When it came time to collect, Rick made every excuse in the book. He forgot to bring the money. He forgot where he put it. After several weeks of this, I hit him with the truth, "You don't have the money. You spent it on booze."

Yup, he wasted money that didn't belong to him. Such is the life of an alcoholic. Of course, we now know where Todd Macaluso stands in the legal community after stepping down from Casey's defense team for writing worthless checks from a client’s trust account. It reminded me so much of Rick. I'm glad Todd entered the Alternative Discipline Program, which addresses the substance abuse and mental health problems of attorneys when disciplinary action is taken in the California State Bar Court.

304 days ago, Todd Macaluso stood before the Ninth Circuit Court of Florida, in front of Judge Stan Strickland, and made this blanket statement:

“There is substantial evidence that we’ve found … that the body or remains of Caylee Anthony were placed there after Casey Anthony was locked up. It proves that somebody else placed the remains in the area.”

For ten months, we were led to believe this would be the tack the defense would take at trial, based on statements made by TES searchers, off-record, who said the land where Caylee was found three months later was not flooded in September when they searched. What made this so senseless was the undisputed fact regarding summer weather in Central Florida. Roy Kronk said under oath that the woods were too flooded to enter in mid-August of 2008. Soon after he reported his sighting, T.S. Fay rolled into town, adding over 12" of rain to an already flooded and low-lying location. Come September, no one could go in there to search, and TES leader Tim Miller instructed his teams to keep away from areas under water; that it may destroy evidence.

I believe Cheney Mason was smart enough to recognize that, because yesterday, he did an abrupt about-face. Huh? What's this all about? In a post-hearing press conference, Mason said:

"They did not search the exact areas where the body was found. So everything they said before that is not relevant."

Did Brother Cheney speak out of school? Is he spanking the numero uno defense attorney, Jose Baez, by taking the lead, or is it part of an orchestrated effort because of one simple truth - the area was too flooded to search and the State has the proof to back it up? I think the answer is yes. The area WAS flooded and the statement of Macaluso past must be erased from the memory bank of future defense maneuvers. Of course, we won't discuss plant and insect forensic evidence at the moment. That comes later.

On July 16 of 2009, Jose Baez and Andrea D. Lyon filed two motions. One was to certify Tim Miller as a material witness and/or to subpoena him for documents in the possession of TES. The motion makes several claims:

1. "This area [8750 block of Suburban Drive] was searched by several individuals, including Orange County law enforcement and TES volunteers, between July and December 2008."
2. "Several searchers have made statements to Orange County law enforcement and to the media stating either that they searched the 8750 block of Suburban Drive with TES, or they encountered TES searchers in that area."
3. "... that Orange County law enforcement provided TES with documents identifying the area in question as an area of interest; that witnesses have made various statements (including in a sworn interview) to the effect that they searched the area in question on behalf of TES or saw TES searchers in that area..."

In another defense motion filed November 23 of 2009, the defense had this to say:

"The Defense, through its own independent investigation, has interviewed several TES searchers who not only searched the area where the remains were found, but who were not among the thirty-two (32) identified by TES."

This was the now famous motion containing the statements of Joseph Jordanand Laura Buchanan, in which the bold claim was made that:

"The signed statements from Joe Jordan and Laura Buchanan, included with this Memorandum of Law, indicate that there were several people who searched the Suburban Drive neighborhood but were not among the thirty-two (32) names disclosed by TES.

Why did the defense decide to run diametrically opposed to previous statements and motions? Clearly, this is something Cheney Mason conjured up because Jose Baez and Andrea Lyon filed motions that are contrary to this new revelation. They are also motions this defense did not win, and there lies the crux. Since this didn't work, let's try something else. Gone with the old, in with the new, and most certainly, Mason is not naive to the ins and outs of criminal defense strategies. Here's the brand new slant:

“What do you have that shows she was not there in June?” WFTV reporter Kathi Belich asked him.

“That's when Caylee was missing. We don't know when she disappeared,” he replied.

AHA! The linguistic switch! No one knows when Caylee disappeared. As President Clinton once responded, "It all depends on what your definition of isis," there are discrepancies in the meanings of missing and disappearing. I guess we could establish the fact that my keys may be missing if I lost them, but they certainly didn't disappear because they would have to be where I left them, unless, of course, they were taken by someone else. Then, they would have disappeared and they are missing. Got that? You see, it's all in the semantics. Instead of admitting it can't win the flooding argument, the defense concedes by manipulating the verbiage. What it will attempt to prove in court is that Casey lost Caylee, but she didn't disappear. It was precisely like losing a set of keys, only she wasn't where Casey last left her. Let's see... was that at Sawgrass, or was it at Jay Blanchard Park? Oh. She lost her at Sawgrass, but she disappeared from Blanchard. Today, Casey misses her more than anything else. Gotcha!

No matter what twist the defense tries, the prosecution is going to present evidence that shows Casey never lost her. She never went missing or disappeared in her mind because she knew exactly where she left her all along; in the woods on the southern side of Suburban Drive, 8750 block. What interests me now is one simple question about why the defense still needs those TES documents. If Cheney Mason has concluded that no one searched in those woods, what difference should it make? Has someone else, another TES member or an independent searcher, stepped forward; someone who looked inside at an earlier or later date when the ground was dry enough? Or is there a slim possibility that a searcher joined the TES team in order to conveniently dispose of a body? If that's the defense plan, then I could almost justify wanting to go through those records, especially now that Roy Kronk is no longer under a defense microscope as a suspect, as Cheney said. That's whole different story, too.

Whatever it is, it's a pickle. When Judge Belvin Perry denied the defense access to the illegal tape recording made by Joe Jordan, Mason knew it would have to shift gears. Jordan's defense statement was unreliable and would hold no credibility in court. Would Laura Buchanan's words be enough? I doubt it, but hopefully, we'll know more answers after the July 15 hearing, when the issue of TES records is heard, or by August 31, when the defense must present its list of witnesses. Most likely, what Mason uttered yesterday is just a new way to create an element of doubt; another soft-shoe shuffle. Personally, I think it's nothing more than hot air, something Mason and the summer months of Florida are famous for. And, they're all wet.