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.

The Tale of Laura and the Barbarian Princess

If any of you are familiar with Florence Virginia King, you are aware that she is an American novelist, essayist and columnist from Mississippi. Born in 1936, alas, she put down her pen in 2002. Almost all of her works written under her real name have been non-fiction. You may recall 1975’s Southern Ladies and Gentlemen. You may also recognize her from the historical romance novel, Barbarian Princess, written under the pseudonym Laura Buchanan. Ironically, she’s not the only writer of fiction with that name. Another Laura Buchanan entered the fray more recently; one who seemingly attempted to parlay her name into the bright lights of stardom, tossing good judgment to the wind. She failed miserably and turned out to be the Clifford Irving of the Casey Anthony saga. Irving, in case you don’t know or remember, became famous  - infamous is more like it - for using forged handwritten letters from reclusive billionaire Howard Hughes in order to convince his publisher into accepting a counterfeit “autobiography” in the early 1970s. Hughes came out of the woodwork to prove it was nothing more than an elaborate hoax. Irving spent several years in prison, but later managed to publish some best sellers, including two aptly titled books, Final Argument and Daddy’s Girl.

On October 24, 2009, Laura Buchanan declared, under penalty of perjury, that, “On September 3, 2008, I was a volunteer for Texas Equus Search.” On that fateful September day, she began her odyssey into the treacherous path of this unyielding monster that’s chewed up and swallowed its victims at will. As innocent as Casey’s first victim was, Buchanan’s not one of them, and whether her initial intent was righteous or not, her ship sunk. Today, she’s just another part of the ever-growing, Titanic-sized, Casey abyss.

“On September 3, 2008,” she continued, ”the team in which I was assigned went to Suburban Street in Orlando and searched the area near where the remains of Caylee Anthony were found… I personally searched near the privacy fence and worked my way towards and then beyond where the body was found… It is my opinion that the remains of Caylee Anthony were not there during the time of our search.”

How quickly memories change when facing someone as intimidating as an Assistant State Attorney; intimidating in the sense that they represent the will of the people, and no one is more fastidious than Linda Drane Burdick when it comes to truth and justice. From her first statement under oath to her last, Buchanan’s story wavered dramatically, especially under the skillful questioning of the seasoned prosecutor. Just how did this begin and where are we today?

First of all, by her own admission, she is a “virtual” emergency/law enforcement groupie. She gets high at the sight of flashing lights and blaring sirens. Riding around with the law had been a favorite pastime and after taking a class at the citizen police academy, getting involved became a hobby of sorts. There’s nothing inherently wrong with that, but at the same time, a lot hinges on where it takes you and how far you want to go. At the end of August, 2008, her husband was scheduled to come to Florida for job related training. She wanted to go far, so she tagged along. Of course, by that date, many people across the country and elsewhere were enamored by the “Tot Mom” story made famous by Nancy Grace and, mostly, by the shocking audacity and hollow gaze of this young and single mother in the news who would ever lose her child, let alone for a month. Caylee was special, too. No child could have looked more angelic. Her wide-eyed innocence and eager smile were plenty enough to melt the coldest heart. There is no doubt in my mind that Laura Buchanan, herself a young mother of three, was one of those who became overtly fascinated and now was her chance. In her mind, I’m sure she felt the same way as all the others, but something took over. Something or someone made her change.

It took around 13-hours to drive from Kentucky to Portofina Bay, the resort inside Universal Studios just south of Orlando. Texas EquuSearch was in high gear and thousands of volunteers had already joined in the search for little Caylee, but they still needed more help. She went to the TES command post the following morning. After her search, she and her husband went to Disney. While waiting for the monorail, she spotted a toddler who she thought was Caylee and reported it to Kid Finders (or OCSO) the following day. That led to her initial contact with Cindy when she called Laura about the sighting. Laura was quick to tell her she and several other searchers had a lot of compassion for the Anthony family. This is where the ball started rolling. It began the back and forth e-mails and phone calls between her, Cindy, George and Mark NeJame, who represented the Anthonys at the time. In one of her initial e-mails to NeJame, she wrote, “I’ve heard so many disturbing things, like George was molesting Casey when she was younger and started to molest Caylee..? That Caylee Could possibly belong to George and or brother Lee???” She also hoped that NeJame had given Cindy and George her e-mails. This message was sent on September 15. In my opinion, it, quite possibly, could have been where Casey got the rather bizarre notion to accuse her father of molesting her, or at least, to plant the seed. I would surely guess the Anthonys discussed the allegations making the rounds while she was home on bond that final month.

Correspondence went back and forth between Buchanan and NeJame beyond the point when the attorney and the Anthonys parted ways near the end of 2008. Meanwhile, she had begun communicating with Jose Baez soon after her supposed sighting. On October 9, Laura sent an e-mail to Jose at the Baez Law Firm. She mentioned being in Florida a month or so earlier and of spotting a girl who looked remarkably like Caylee while waiting to enter either the Magic Kingdom or EPCOT. She lamented that deputies never followed up on her tip because they were no longer looking for Caylee. [This is not factual. While being interviewed by Sgt. John Allen in December, 2009, the lead investigator told me point blank that over 100 law enforcement personnel continued to search for Caylee all over the country up to the date her remains were found.] On Monday, January 12, 2009, she sent Jose this e-mail:

“I spoke with a person that I hadn’t spoke with in a while and she has told me some very strange information and I think we need to talk again ASAP… Oh my god this is horrible… [REDACTED]

By now, she was thoroughly ensconced in the mechanisms of Casey’s defense. So much so, that she sent him pictures of herself and one with her 5-year-old daughter. Life was good and she was getting more cozy with each passing day.

I can’t say for sure who started fishing first, but by all signs, it seemed that they both swallowed each other hook, line, and sinker. She had something for him and he coaxed her for more. She had become an integral part of Casey’s defense, only she had no idea about the massive freight train that was going to hit her; the Burdick Express. Maybe, just maybe, GULP, she didn’t look exactly where Caylee was discovered. No, not precisely.

There were several passages in Buchanan’s August 2010 interview with the prosecutor that immediately sent red flags up as far as I’m concerned, and it showed Burdick’s adeptness and professional flair. The first one dealt with Buchanan’s statement that she searched behind the Anthony home. That’s impossible because the Anthonys have a privacy fence that keeps their backyard, well, private. Totally so. There’s no gate that opens up to the beyond. The beyond, by the way, is nothing more than a private backyard in the adjacent development, also filled with homes.

The second one was a real laugher. She told the Assistant State Attorney that, while she was following the end of the privacy fence on Suburban Drive, she stepped on an alligator. Obviously, this woman has a wild imagination, wilder than any of the inhabitants of the Suburban Drive woods. I addressed the issue of gators early on, soon after I began writing about the case. Alligators generally live in or very close to bodies of water. By that, I mean lakes, ponds, rivers and swamps. Although the end of the woods where Caylee was found had been under water at the time of the searches, it is not in that state all year round, and that’s not very inviting to a gator. They like to remain dead still for hours with just the slightest movement of their eyes so their target isn’t aware they’re even there. Then they pounce. What Buchanan described was that the reptile was resting in the brush. That’s just not true. They want to see what’s going on all around them, so they lurk in the open or with just their eyes above water level. They take their quarry to the bottom of the water to rot before eating. Generally, anyway. I’ve been in the Orlando area for almost 30 years, and let me tell you, I have never stepped on one. Not only that, I WOULD NOT stand there waiting for the creature to run away like she said it did. I’d be gone in a flash - as far away as I could get. Also, there’s a school nearby. Snakes are hard to control, but gators? No way, not as much as they love to sun themselves in the open.

So, two of her stories have been debunked, and now, we come to the matter at hand. That would be the twisted TES report that somehow became a lie. Who instigated it, Baez or Buchanan? That’s the subject of another post, but a search volunteer by the name of Lori Fusco told investigators that she asked Buchanan if she was working for Baez. “She wouldn’t give me a straight answer. She wanted to know everything that I knew, which I didn’t know much. She kept asking me if I was in that area and if I was on a team with her which she should have known.”

How true, and in a recorded phone call with searcher and friend Ann Pham, Buchanan was questioned about her inconsistencies.

Ann Pham: The first one they showed me is legitimate. Right?

Laura Buchanan: Both of them are legit. Somebody else had that form before I had it because they (expletive) spelled my name wrong.

Ann Pham: Your name is signed at the top, Laura. That’s what I don’t understand. It’s got your actual signature and it matches the signature from the first form.

Laura Buchanan: I don’t know that I can’t explain.

Shades of forgery! Ultimately, several of her friends were convinced she wanted to be in the media spotlight, and at Caylee’s memorial service, she seemed more concerned about being on TV than she did about Caylee. Jose Baez was just hit with a new ethics complaint, according to the Florida Bar; quite possibly stemming from the comedy of errors regarding former Anthony attorney Brad Conway and those persnickety TES search documents. What a mess. Did Casey’s lead attorney allegedly misrepresent facts to the court? Time will tell, but it’s common knowledge that he has skated very close to the edge on several occasions, and so far, he’s managed to keep clear of falling through the ice. What about this time? It’s been harshest of winters, but Punxsutawney Phil did not see his shadow yesterday. An omen? No, and no karma moment, either, but will the ingratiating Laura Buchanan come to his rescue as spring rolls in? Not a chance. Today, she, too, could be facing charges, and she tells her friends she wishes she never got herself involved in this mess.

Good old Florence King. She said it best. “People are so busy dreaming the American Dream, fantasizing about what they could be or have a right to be, that they’re all asleep at the switch. Consequently, we are living in the Age of Human Error.” It sounds just like Casey’s defense. Back to square one. Where, oh where, will it turn?

New Discovery Today

Casey Journal ink
Journal part 2
Phone call-threat to Amy H
Map Photos
TES images
Bone Analysis of Caylee Anthony
Computer Evidence Inventory Doc
Adhesive Tape Analysis
Property form-TES
Subpoena TES Laura Buchanan
Transcript of Phone call to Laura Buchanan
Transcript of Laura Buchanan
Transcript Kasper Jordan
Emails Mark NeJames-Laura Buchanan
More Emails

Cindy’s Letters to Casey
April 2010
July 2010
August 2010
Oct 2010

Laura Buchanan-Interview Aug 2010 Part 1
Laura Buchanan-Interview Aug 2010 Part 2
Miscellaneous Interview Transcripts

Robyn Adams Interview, Part 1 | Part 2

Thank you, Jonathan!

“I saw her eyes and they looked evil.”

- Laura Buchanan (hearsay)

This is what Buchanan’s friend, Anne W. Pham, told OCSO Corporal Yuri Melich in a lengthy transcript released today. Dated October 10, 2010, she said  that she and Buchanan searched Blanchard Park in September 2008. Buchanan claims she saw Casey after her release from jail on bond. Pham also remembered Buchanan telling her that searches off Suburban Drive were called off because “the water levels are really high.”

Pham told Melich that Buchanan told her Jose Baez only called her one time. Later, she claimed Buchanan said, “After all this [CENSORED] that I’ve heard after I wrote that statement…I could care less what they do to her…You know? All I did was tell the truth. Did not mean I was on her side… I simply feel sorry for, for George and Cindy.”

Pham also told Melich that she found it a little odd that Buchanan “was so interested in being a part of, you know, being on CNN and, um, the Nancy Grace show or whatever.” She described her as being a sensationalist. Buchanan had told the defense that she searched the area off Suburban Drive where Caylee was found. This was contrary to what Tim Miller of TES told searchers; that the water level was too high and to leave it alone. So far, everyone else who searched the woods also said the precise spot was too flooded to look, and Buchanan may have changed her tune when the State Attorney’s Office questioned her in a deposition.

“We would signal to each other, talk to each other, through hand gestures.”

- Robyn Adams

Adams figures prominently in today’s release in the form of audio recordings of a February 10, 2010 interview with an FDLE investigator. If you recall, she is the wife of a former Altamonte Springs police officer. In 2008, they were arrested after they were discovered to be operating a marajuana growing operation in Chuluota, a small community east of Orlando. Transcripts of her interviews were made public earlier. She was sentenced to 10 years inside a federal prison in Tallahassee.

In a series of recorded jail conversations between Adams and a friend, the friend asked her if she was still rooming with Casey and wondered how she was doing. Adams told her she didn’t seem good.

From the Orlando Sentinel:

Adams said Anthony didn’t seem good.

“I’m praying for her every day,” she said.

The friend asked if Anthony is a basket case. “Pretty much,” Adams said.

The woman told Adams authorities found a body and believe it to be Caylee.

“I had a feeling that it might be, but nevertheless, it’s not my place to judge her,” Adams said.

“I’ve had a complete change of heart Mel since I’ve been here.”

In another conversation with her dad, Adams asked her father to pray for Anthony and her parents.

“They really need it,” Adams said.

 

Many of the released photos show shots taken from a helicopter over search areas after the toddler’s disappearance. Some of the other photos show TES ground searches.

 

A threatening phone call was made to Casey’s former friend, Amy Huizenga. Most of the call is inaudible.

“You need to listen and listen good,” a male voice threatens. “Those charges need to get dropped.” This was in reference to the check fraud charges she brought against Casey.

UPDATES THROUGHOUT THE DAY AS INFORMATION COMES IN

I Swear

I have done my best to head to the courthouse early so I don’t have to rush once I arrive. Sometimes, going through security can be very time-consuming. Fortunately, Monday wasn’t all that bad. I never have to park in the parking garage, either, and that generally saves me $6-10 per hearing; not much, but in this tight economy, every bit helps. Because of where I park, I walk by the television trucks with their high microwave towers extending from the roofs. It’s interesting because they are filled with very expensive electronic equipment. On most days, that’s where the reporters put their well choreographed on air segments together. That in itself is a real talent. The trucks are all parked in an area designed for them, in front of the courthouse, in a nook off Orange Avenue.

I ran into Mike DeForest from WKMG, the CBS affiliate. I hadn’t seen much of him since the judge debacle, so it was nice to chat for a few minutes before I decided it was time to head up to the 23rd floor. He’s a good guy. Off to the side was Jacqueline Fell, from Central Florida News 13. She’s a very nice person and very approachable. She was the first one to interview me months ago. As I briefly chatted with her, I noticed Ann Finnell walking by herself. She had an almost lost look on her face, so I walked up to her. I promised I would say hello from her cousin, who comments occasionally on my blog. Last time, I didn’t remember her name. This time, I did. She was looking for the rest of her team and I couldn’t help her there, but she did ask what floor the hearing was on. I said it’s always on the top floor. I asked her if she wanted me to show her, but she said she’d wait and see if they showed up. We parted.

It was one of those days where the line that winds through the lobby to get to security wasn’t as jam-packed as usual, but it was moving rather slowly. About five minutes into it, Ann walked in and stood at the back of the line, where I was already halfway through. I beckoned her to join me. After all, she had important work to attend to. I lifted the rope attached to the stanchions and let her through. No one complained to me about letting her skip through the line, but I would have handled it. She went through security before me. I have to remove my belt every time I go through, so while I had to put it back on, she politely waited for me to finish. Besides, she wasn’t quite sure where to go since she was in the courthouse only once before, at least for this particular case. I thanked her and we walked toward the elevators. I was mostly making small talk about my trip to Jacksonville and the proton accelerator at Shands Hospital, where my best friend, Stewart, recently underwent treatment for prostate cancer. All in all, it was a delightful encounter and I must say she is a very nice and refined lady; every bit of what I thought she would be. When we got to the courtroom doors, they were locked. I peeked through the crack between the doors and saw that Jose Baez was already in there. We knocked on one of the doors and she was let in. As she entered, she thanked me for my help.

“You’re very welcome. See you in there.” Only lawyers were let in at that time.

I always feel comfortable around the media people, and in particular, Bob Kealing. He has been one of my strongest supporters as a blogger and he’s a very personable guy. Bob has authored three books and won three Emmys for his work. I’ve always admired him for his professional appearance and reporting and, no doubt, he did a great job on the Neal Haskell piece he put together during his trip to Indiana. After we took our seats, Casey entered and we could hear the now familiar clink-clank of ankle chains. Within a minute or two, Cheney Mason nodded and called Bob up for a brief, very hushed, chat. When he returned to his seat, I quietly asked him if he had a good story. Yup. The courtroom hushed as the judge entered at precisely 12:58. Dang, known for being prompt and on time, I was disappointed he was early. This is two times in a row. His track record was slipping, I thought.

The first order of the day was the motion the state filed to compel discovery. The judge made it clear that he had to leave by 1:40 because of a trial he was presiding over in Courtroom 19-Delta. That’s a familiar courtroom - the one Judge Strickland used and the one that changed my blogging life forever.

The motion addressed six key points:

1. Any contracts or agreements, in any manner or form, setting for the scope of work or expected compensation.
2. Any communications between expert and any member of the defense team, either past or present, or any member of their staff, or any one working on behalf of the Defendant.
   
3. All records of bills submitted by or payments made to the expert.
   
4. All records pertaining to payments for travel, meals or entertainment paid to or for the benefit of the expert or anyone traveling with the expert, by any member of the defense team, either past or present, or any member of their staff, or any one working on behalf of the Defendant.
   
5. Any notes taken by the expert or for the expert during, or referencing their examination of any evidence in this case.
   
6. Any photograph or video taken by the expert in connection with this case.
   

These were rather interesting demands because it encompassed a lot more than mere work product, which is privileged information, it also covered the entire time prior to Judge Strickland’s ruling on Casey’s indigence status. Personally, I thought the state was asking for more than the judge was willing to give, and as Jeff Ashton finished addressing his points, the judge made asked for a response from Mr. Baez.

“There is nothing that entitles the state to this.” He said there was no wining and dining going on, so there’s nothing like that to turn over. Besides, he said, he had no reports from his experts, which I found unusual. He said it was burdensome and it doubled the work for experts. Also, a lot of the work was done pro bono.

As Jose Baez, Judge Perry and discussed all six points, the judge asked Ashton a specific question that signaled, at least to me, that he did not fully agree with the motion.

“What in that rule or in what case authority does it signal the proposition for your request on 1, 2, 3 and 4?” It was then I realized the state was only going to get 5 and 6. The way he explained it to the prosecution was pure Perry style. If you want the information, you can get it through depositions and/or subpoenas, not through this motion. As much as the judge is perceived as a prosecutor’s judge, he is very fair to both sides of the courtroom aisle. 1, 2, 3, and 4 were denied without prejudice. The defense would have to turn over notes taken by the experts, and all videos and photographs. Incidentally, yesterday was the deadline for the defense to give the state their list of experts, but the judge did give them a two-week extension.

Time was drawing nigh for the judge to set sail for another courtroom, but he soldiered on. He asked about the defense’s outstanding motion on Roy Kronk. Baez said he may withdraw it until a later date; closer to trial. The judge reminded him, in no uncertain terms, that once the deadline for motions comes and goes, he will not hear them. He asked Baez if all the state’s witnesses had been deposed. Baez said yes. He told the state that all depositions of defense experts must be done by February 28. On that same date, all motions related to forensic evidence must be in. Any non-forensic related motions must be filed by December 31.

Ann Finnell finally had a chance to speak. It didn’t last long. Some may think Judge Perry cut her short as a, sort of, way of snapping at her, but I didn’t interpret it that way. I may be wrong, but the judge had no more time to hang around, and he told her he wasn’t going to be available the week leading up to Christmas, although a tentative date to hear her motion was discussed and the 20th and 21st were tossed about. December 20 was the agreed on date, at 1:30 PM. The week of Christmas. He also reminded her that attorneys for the media would object to her motion

Cheney Mason quickly stood up and told the court that the JAC is having issues over payment and he has a motion ready to file. Judge Perry said if it’s not resolved, he will gladly take care of it.

While we thought the hearing was over, it wasn’t. Jose asked for a sidebar. The judge complied and both camps stepped up to the bench. Whatever transpired, we weren’t privy to, of course, but it was very interesting to everyone when the judge raised his right hand and began to give some sort of oath to a young gentleman who was in the mix. It was also during this time that a legal assistant had Casey laughing. To be honest, I didn’t see it. Casey was directly in front of me, so I have no idea what it was all about.

Diana Tennis, Dominic Casey’s attorney, sat in the row in front of Bob, Jim Lichtenstein, Mike DeForest and myself, directly to the right of Cindy Anthony and her friend.  She surmised that it was the swearing-in of a new attorney. Some balked at that suggestion, but she was right. While no one knew who he was, I approached him after the hearing ended. William Slabaugh told me it was awfully nice of the attorneys to permit  Judge Belvin Perry, Jr. to swear him in as Orlando’s newest lawyer. It was an honor and a privilege. I congratulated him and wished him all the best. This is something he will forever remember, because a simple notary public could have done the same thing. I’m sure the judge enjoyed the moment tremendously, but back to the matter at hand…

The final thing the judge brought up was the reminder that the defense must give the state the list of new TES witnesses by January 31, so they can be deposed by March 30. With that, the hearing ended and I had my agenda in mind to find out who that new gentleman was. At the same time, I had something I wanted to say to Jose. Meanwhile, Cheney and Bob picked up their discussion where they left off. What Jose and I discussed was between us, but what appeared to be an embrace to some was far from that. Attorneys are used to talking up close and personal to keep inquisitive ears from eavesdropping.

When Jeff Ashton was walking out of the courtroom, I asked him if Judge Perry had addressed the John Huggins¹² case. Had he rendered a decision? If so, it passed me on by. No, he said and we walked to the elevators. Riding down to the first floor, he was asked about the decision on parts 1, 2, 3, and 4 of the motion. Would he refile? He said the judge did rule “without prejudice” on those key points and that leaves the door open.

As we left the courthouse, I thought to myself, the hearing didn’t get over until almost one o’clock. Oh me, oh my, Judge Perry was going to be late to his trial. Perhaps that’s why he asked for a deputy to approach the bench; to alert the deputies in 19-Delta.

...To Judge Perry's Court We Go

Dance of the Sugar Plum Fairy by Aiobhan

In the United States, this past week was one of giving thanks to God, ourselves, others, and/or all of the above, for our many bountiful blessings - no matter how bleak the economy has been and might be in the future. As Thanksgiving fades and sugar plum fairies begin their month-long magical dance, the week ahead may very well be a time for the state and defense to give thanks for what they are about to receive in the courtroom. Or not.

Three motions were filed between November 18 and the end of this past week; one by the state and two by the defense. In the final motion, Casey’s attorneys have seemingly abandoned their two-step strategy that Texas EquuSearch volunteers Laura Buchanan and Joe Jordan searched the precise spot where Caylee’s remains were discovered. It seems they tiptoed to a different tune in the company of detectives and prosecutors bearing gifts recently, most likely time away from home, if you get my drift. After being deposed by the state, Buchanan’s attorney, Bernard Cassidy said, “I believe she signed an affidavit that she searched the area where the body was found. Somebody may have suggested where the body was found, but she has never been to that area to see precisely where the body was.” Cough, cough. Ahem.

Brandon Sparks seems to have changed his story, too, about Roy Kronk, his one time stepfather’s alleged “prior bad acts.” In lieu of any familiar faces to turn to for help, the defense is asking the court for state money to hire an expert who specializes in bones and fossilized remains. If something new could be determined by another reputable forensic anthropologist/osteologist, it might help debunk the state’s expert. Do I think it will do any good? I don’t know, but this defense needs all the help it can get. Will Judge Perry grant this motion? I don’t see why not, but he will, more than likely, wait until he hears what the JAC has to say about it.

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The first motion filed on the 18th was from the state. Signed by Jeff Ashton, it’s a State Motion to Compel Evidence and it’s based on the Florida Rules of Criminal Procedure, 3.220 (d) and (f).

In a nutshell, the state wants to know where the taxpayers’ money went. It wants to review every contract and agreement the defense has made to date. This includes communications between the defense, its entire staff and all of its experts; any notes taken by or for the experts referencing their examination of evidence, and all photos and videos. The state is also asking for all records pertaining to meals, travel expenses, lodging and entertainment. It’s demanding a reckoning of every penny the defense has spent and, gasp, that’s a tough one.

As much as the state is asking, the motion made it clear that it doesn’t expect the judge to give away the farm. Privileged information is going to be involved, so it requests that the court examine many of the documents in camera - privately, in other words - with the defense, and to redact whatever it sees fit. Redaction means to go over everything with a fine-toothed comb in order to find things not suitable for the other side or the public. Of course, the state would love to know the defense’s strategy in order to launch a strong counterattack, but that’s not fair, nor is it proper, and both parties are aware of it. The state definitely has the upper hand on this one because it has flooded the defense with so much evidence, some important, some not, but because there’s so much of it, it’s overwhelming. Consequently, the defense has had to sort through a slew of documents in order to discern what the state will use at trial. This is a common strategy, and by filing this motion, the state has caught the defense relatively flat-footed. It will most likely have to fork over all sorts of information and that takes time and money away from defending a client. It’s a distraction, but a very legal ploy. WFTV reported that it had read 322 pages of financial documents on Thanksgiving day, so some of it is already public knowledge.

One of the key points of 3.220 (d) is that, “any tangible papers or objects that the defendant intends to use in the hearing or trial” needs to be turned over. What’s interesting is that the state does not have to turn over any internal notes; those made by investigators in the course of their work. I would assume the same would hold true for the defense, and any attorney worth their weight in salt would know how to distinguish between what is and what isn’t privileged, and would know how to hide documents accordingly. All legal; all fair.

From my discussions with judges throughout the years, not that I am in constant contact with any today, I have learned that they look at both sides fairly and without prejudice. However, being human, they can readily sense when someone is or is not capable of representing their respective clients. By this, I mean the defense as well as the state. I have yet to meet a judge who seldom complains about one side while picking apart the other. Everyone who faces a judge has his/her own personality, and being human and all, the judge will look at all motions and have personal thoughts on how they were filed and whether they make sense. What I am trying to say, in other words, is that no judge looks forward to a motion like this; not if the court has to sift through thousands of documents in order to discern what is to be passed over to the state and what is to be kept behind closed doors. Fortunately, circuit court judges generally have a battery of scholarly assistants at their disposal, but my guess is that it’s not something anyone looks forward to. Since Channel 9 had access to some of the documents, I would say the defense has turned over discovery prior to this motion. I think the most important part of the motion pertains to where the money is going, past and present; and the state of Florida has every right to know, down to the very last penny.

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The defense filed a very interesting motion on Tuesday, November 23. The Defendant’s Motion to Seal Penalty Phase Discovery Response also cites F.R.C.P. 3.220, but in this case, it’s (l) (1) it’s referring to - Protective Orders:

Motion to Restrict Disclosure of Matters. On a showing of good cause, the court shall at any time order that specified disclosures be restricted, deferred, or exempted from discovery, that certain matters not be inquired into, that the scope of the deposition be limited to certain matters, that a deposition be sealed and after being sealed be opened only by order of the court, or make such other order as is appropriate to protect a witness from harassment, unnecessary inconvenience, or invasion of privacy, including prohibiting the taking of a deposition. All material and information to which a party is entitled, however, must be disclosed in time to permit the party to make beneficial use of it.

What this motion requests is for every bit of penalty phase information it finds from here on out be sealed or exempted from future discovery, pursuant to Florida’s Rules of Criminal Procedure. Furthermore, it states that this case “has received an extreme degree of media attention not just in Orlando, Florida, but nationally.” Everyone reading this article is well aware of that fact, and if ever there was a truth to what the defense has said, this is indisputable. The motion specifically cites Florida Statute 90.202 (l), which states: Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court.

The motion goes on to state that intense media scrutiny has resulted in the media and public conducting their own investigations aside from what law enforcement has done. I will be the first one to admit that this case has grown multiple arms, many that far outstretch the reach of sanity and truth. Specifically, Internet sites, including blogs and YouTube are fingered, but not one in particular. This is also the truth. Anyone who writes a blog has been guilty to some degree; some a lot more than others.

How many blogs have been guilty of mocking the people involved in this case? The defendant? The entire defense team? All of the defense witnesses? How many times have we read that anyone who works for the defense is a liar? The attorneys must be disbarred? There is a long list of public demands, most of which are quite illogical in the practical sense. Sure, I’m not one who should talk, but I’ve tried to be fair, and in this case, I can empathize with the defense.

“To date, witnesses in this case, especially defense witnesses, have already been subjected to intense media pressure and harassment by the media and the public at large. This has resulted in a chilling effect with some witnesses becoming reluctant to come forward with information for fear of harassment and stalking.”

Boy, oh boy, can I relate to that one. I’m not a witness for the defense, but I have been harassed and stalked since Judge Strickland stepped down. Relentlessly. And if the defense ever needed a witness who could testify to that fact, it would be me.

It’s interesting that the order requiring penalty phase witnesses to be listed is due on November 30, the day after the hearing, so this motion could be two-fold; the other being that the list is not forthcoming. After all, how much time has Ann Finnell, the author of the motion, had to gather up all penalty phase witnesses?

The motion asks that the disclosure of these witnesses from the media and the public be restricted until a penalty phase has been established. This, the defense argues, insures that Casey will receive a fair penalty phase if it becomes necessary. In any event, if the judge refuses to grant the defense’s request, the motion asks for an evidentiary hearing on the matter, and that’s one I doubt the judge will say no to.

Overall, it has been my observation that there are a bunch of weirdos out there in the public who have grown some of the most mutated arms I have ever witnessed in my entire life. One such arm that has absolutely no merit is the one boasted by several inane commenters at an otherwise respected site; the one that states “as fact” that Jose Baez, Cindy Anthony, Melissa Earnest and myself conspired to remove The Honorable Stan Strickland from the bench. That one is disgusting, it has absolutely no legs to stand on, and it’s based purely on hatred for me and the others named. Only the stupidest of idiots would believe such a thing. It’s precisely what the defense is talking about, and it’s why the motion stated that the “intense media scrutiny of this case has resulted in the media and the public conducting their own independent investigations in the facts of this case…” I can’t say it enough times. No, this has nothing to do with my fact seeking field trips to Walmart, a la James Thompson, or a video I shot of a person who has yet to be called by the state. In both respects, I was well within my rights and all I was seeking was the truth. If Casey cannot get a fair trial, it is because of trolls. We all know who they are and so does the defense. It’s the trolls who insist they are the only ones who know “the truth” and they say so at the expense of federal and state law enforcement officials, not to mention prosecutors, bunglers all, and certainly not professional enough to see the light.

God forbid that my name would ever be placed on the defense witness list, but believe me, I sure do relish the thought of being able to tell a judge the truth about all of the horrible lies pertaining to this case. If Casey’s defense team has ever filed a good motion, this one is it. Let’s see what the judge thinks.

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.

Another One Bites The Dust

"With regret, I am forced to resign as George and Cindy Anthony's attorney. The defense motion filed on Aug. 9, 2010, contains allegations that are not, in fact, true. As an officer of the court, I cannot stand idly by knowing allegations involving me have been misstated. I am now a witness to an inaccurate legal pleading filed in our court system. As such, I cannot continue in good conscience as a legal representative. George and Cindy Anthony have done nothing improper, it is the failure of the defense to verify the facts alleged in their motion that forces my withdrawal. I will continue to support the Anthonys, will continue to attend hearings and the eventual trial, and most importantly, I will continue to search for the full truth regarding the killing of Caylee Marie Anthony."

- Brad Conway wrote in his  letter of resignation

George and Cindy Anthony's attorney, Brad Conway, will no longer represent them. The move is a result of a motion filed by Jose Baez & Company in the never ending dispute with Texas EquuSearch.

First reported on the WESH-TV Web site, Conway appeared on the NBC Today Show to make his announcement. Regrettably, he said, he had to withdraw as the attorney for Casey's parents. On the network program, he claimed that the defense made false claims and he denied that he was granted full access to TES files. There were several misrepresentations, he added. He said he was given the same treatment as Baez and Cheney Mason regarding the roughly 4,000 pages of documents from TES volunteer searchers. Now, he feels he may be called as a witness for the defense. 

Brad Conway has been a good friend and trusted counsel to George and Cindy. I've had several talks with him and he's an all-around good guy. I understand the defense fighting for their client, but this is one more glitch in the case. This team of attorneys has taken out one of the best judges in the Ninth Circuit Court, and now, Brad Conway. Believe me, I know precisely how they sting.

There is much bad blood between the defense and Mark Nejame. To try to put things in some sort of perspective, New York City is big enough to handle lots of high-powered attorneys. Orlando is not. While Jose Baez is way out of their league, Cheney Mason and Mark NeJame are, next to John Morgan, two of the most powerful attorneys in this citified town we call Orlando. I am beginning to think there isn't enough room for both of them, and neither one is going to budge. Shades of Tombstone, this one may turn out to be a verbal gunfight in the courtroom. Call it the O'Casey Corral. Unfortunately, Brad Conway just got caught in the crossfire, and the bullets haven't even begun to fly yet. Who's next?

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.

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.

You be the judge

A hearing is scheduled for June 1 to discuss the defense team’s request to keep Casey’s jail visits private instead of publishing them like everyone else sitting in a government sponsored cell. There is also the matter of earlier rulings made by Judge Stan Strickland before he recused himself over a month ago.

This post is meant to clear up some issues that sprang to life when the defense filed the motion¹ 3 days before the judge stepped down. It was bad enough that the dismissal request was filed at 4:48 PM on a Friday afternoon, 12 minutes before the Clerk of the Court closed for the weekend. That was plenty rude and tacky, but after the judge removed himself, the defense fired back with its OBJECTION TO COURT’S “ORDER ON DEFENDANT’S MOTION TO DISQUALIFY TRIAL JUDGE”.

I want to explore that and the subsequent DEFENDANT’S MOTION FOR RECONSIDERATION OF CERTAIN PRIOR RULINGS BY DISQUALIFIED JUDGE. Therein may lie one of the motives for seeking the judge’s dismissal.

In his ORDER ON DEFENDANT’S MOTION TO DISQUALIFY TRIAL JUDGE, Judge Strickland made it clear that his decision was not based on any prejudice or errors in judgement, real or perceived, by Casey Anthony’s defense. It was all about future rulings under his command.

“If past is prologue, some defense motions may be denied. Since the undersigned has now been accused of bias and wrongdoing, potentially each denial of a defense motion will generate renewed allegations of bias. The cumulative effect will be to elevate an otherwise meaningless situation into a genuine appellate issue.”

He further added that the crux of the defense motion centered around his comments to a local blogger/journalist many months earlier. He explained that his words to the blogger/journalist were delivered in open court, with open microphones, in front of rolling cameras and not in secret. They were, in fact, a compliment for being fair and civilized. These are the words of Judge Strickland, not me, and at the time, neither one of us knew where the cameras were focused, nor did we know whether microphones were on or off. Honestly, there was nothing to hide, despite the fact that a portion of the raw video was surreptitiously snipped out.

Judge Strickland went on to chastise the defense for accusing him of being a self-aggrandizing media hound. Well, if that’s not the pot calling the kettle black, I don’t know what is. Perhaps, this is exactly what Cheney Mason meant when he blurted out at a post-hearing press conference that “this case is going to be fun!”

The fun is over. Where Judge Strickland confessed to a general affability that, at times, seemed to belie the importance of the case, he was every bit a professional. So is Chief Judge Belvin Perry, Jr., who is not as affable.

Of course, leave it to Mason to insist on having the last word.

In his objection, Mason cited the Florida Rules of Judicial Administration 2,330(f), Riechmann v. State, 966 So.2d 298 (Fla. 2007) and Florida Rules of Judicial Administration 2.330(j). He continued his wrath by saying the court“may not argue or dispute facts yielding any response, other than ‘granting’, or ‘denying’, the motion. To do so, automatically laces the Court in an adversarial position, contrary to the defense, and, by that act alone, is required to be disqualified.”

Excuse me, but didn’t the judge dismiss himself in his order? He didn’t do it later. My friend, a former Florida judge, told me in no uncertain terms that since the judge ordered his own recusal, he was well within his right to voice an opinion.

Florida Rules of Judicial Administration 2,330(f) states that:

(f) The judge against whom an initial motion to disqualify under subdivision (d)(1) is directed shall determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged. If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action. If any motion is legally insufficient, an order denying the motion shall immediately be entered. No other reason for denial shall be stated, and an order of denial shall not take issue with the motion.

Florida Rules of Judicial Administration 2,330(d)(1) addressed Casey’s fear that she would “not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” Once Casey affixed her signature to the document, the deal was done and Judge Strickland had no choice but to step down. At the same time, the rule (f) is clear and at no time in his order did he admit to any wrongdoing. He could have denied the motion, but his concern over a possible appeal down the road usurped his right to remain on this case.

Here’s the comical part, the one that makes the objection a laughing stock:

(j) Time for Determination. The judge shall rule on a motion to disqualify immediately, but no later than 30 days after the service of the motion as set forth in subdivision (c). If not ruled on within 30 days of service, the motion shall be deemed granted and the moving party may seek an order from the court directing the clerk to reassign the case.

Excuse me, but this is the same person who filed the dismissal motion 12 minutes before the Clerk of Court retired for the weekend. The judge, on the other hand, promptly responded the following Monday, and did so because, DUH, the office is CLOSED for the weekend. That’s like giving someone poor directions and scolding him when he’s late to arrive at the designated destination. This was nothing more than a self-aggrandizing act by an overly egotistical and pompous lawyer who had to get the last word in. He fully knew the judge would not respond.

Here’s an interesting document. Could it have prejudiced the judge?

Letter to Judge Strickland

This letter, addressed to the Honorable Judge Stan Strickland, voiced a very prejudicial opinion regarding Casey’s innocence, replete with scientific analogies and evidence showing that she could not have been the murderer. Where was the State at this time? Clearly, Linda Drane Burdick could have demanded the judge’s head for accepting the letter to begin with, whether he read it or not. Of course, since it was not damaging to the defense, Casey’s attorneys never gave it a passing thought.

This is where I lead into the possible motive behind that fateful dismissal motion. Sure, I’ve heard a lot of opinions from local attorneys. One said that, with an ego like Mason’s, he couldn’t stand losing his argument during the indigence hearing  regarding where Casey’s defense money came from. Here, he came out in all his glory, telling the world that he is a lawyer to be reckoned with; one with an impeccable record, and one who knows how to hoodwink the court. Only, it didn’t work and he blew his top, speaking of which, he just had to top Judge Strickland by filing the dismissal. That’s all well and fine, but I think the underlying factor is the motion later filed that set-up the one demanding the judge’s head on a platter - the one concerning earlier rulings. Four key elements were introduced:

(A) Defendant’s Motion to Compel Production of Tape Recorded Statement of Joe Jordan and the Court’s Order on same dated April 7, 2010

(B) Motion for Production of Grand Jury Testimony of George Anthony filed by the state of Florida on September 16, 2009 and joined in by the defense, and the Order of the Court dated October 6, 2009.

(C) Defendant’s Motion to Compel Tips Gathered by Law Enforcement, dated November 4, 2008.

(D) The Order on Defendant’s Motion to Modify the Court’s Order on Defendant’s Application for Subpoena Duces Tecum for Documents in the Possession of Texas Equusearch.

In (A), the court turned down the defense request for the taped interview. Instead, it was sealed. The rationale is plain and simple; it is against the law to secretly record anyone, which is exactly what Jordan did when defense investigator, Mort Smith, interviewed him. He said that when he searched the area where Caylee was found, the remains weren’t there and the ground was dry. Other volunteers said the area was too wet to search. Read the judge’s order HERE. Joe Jordan was interviewed by the defense on Oct. 27, 2009 and was later interviewed by law enforcement in the presence of a prosecutor on Nov. 5, 2009. The court recognized that the two separate interviews conflicted with each other and decided the sworn statement by Mort Smith regarding what Jordan said was sufficient and no further action was necessary. It cited Florida Statute 943.o6:

Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing or other proceedings in or before any Court, Grand Jury, department, officer, agency, regulatory body, legislative committee, or other authority of the State, or a political subdivision thereof, if the disclosure of that information would be a violation of this Chapter.

The statute is very clear, and either the defense didn’t understand the law or it’s maintaining a stance Jose Baez told Judge Perry at one of the recent hearings,“My grandmother told me you’ll never get something unless you ask.” In that vein, his dear grandmother may have been right, but the judge - any judge - must not change the law in a ruling. The judge also wrote that since Mort Smith gave a sworn statement attesting to what Jordan said, “direct testimony regarding what Mr. Jordan stated is still available via the testimony of Investigator Smith.” It’s all quite simple. In my opinion, this will be denied.

(B) is rather interesting. The state requested the transcript of George’s grand jury testimony. The judge granted it.

THIS CAUSE coming on to be heard upon the State’s Motion for Transcription of Grand Jury Testimony, and the Court having been duly advised in the premises, it is hereby,

ORDERED AND ADJUDGED that the State’s Motion for Transcription of Grand Jury of George Anthony taken/heard before the Grand Jury on October 14 2008 is hereby GRANTED, the original of said transcript shall be delivered to the State Attorney and all of the requirements of grand jury secrecy pursuant to Florida Statute 905.27 shall remain in effect pending the further order of this court.

Notice, I said the state asked for the transcript, and only the state, yet in this latest motion to be heard on June 1, the defense wrote, “and joined in by the defense…” Nowhere in his order did the judge include the defense and the reason why is that the state filed the motion all by its lonesome. I did not see Baez and Jeff Ashton dancing arm-in-arm to the Clerk of Court’s office to file together, but I’ll guarantee it was filed in a timely manner because it came from the state. What this tells me is that the judge ruled in chambers and the defense feels left out. Why? It wasn’t the judge’s job to hand the testimony over to the defense and if the defense wants it, it should have filed a motion requesting it. What, exactly, is there to reconsider in this new motion? It is, after all, a motion to reconsider earlier rulings. Therefore, this is an attempt to make Judge Strickland look bad. If the judge grants it, it will be because of case law. Other than that, it’s a used car salesman’s attempt to sell Judge Perry a lemon.

(C) is a motion filed by the defense over a year-and-a-half ago. In it, Baez acknowledges it submitted an Attorney’s Demand for Discovery on October 15, 2008. I think we are all aware of discovery in the state of Florida, but perhaps, the defense is not, at least, not as much as we would like to think. After the prosecutor receives the demand, he/she is obligated to respond. The defense now has over 11,000 pages of discovery documents in its hands. At the time the motion was filed, the defense wanted access to the nearly 5,000 tips that had come in. Today, the number is astronomical and it’s on full display in the periodic document dumps. Also, the motion cited a Motion for Favorable Evidence in Case Number 48-2008-CF-10925-O that was filed on October 3 and included,

a. “Any police investigation reports or any other similar documentation in possession by any law enforcement agency which involves the investigation of tips, leads, and follow-ups conducted by said agency or agencies, based on the sightings of Caylee Marie Anthony.”

The October 3 motion was granted by Judge Strickland on October 10, but on October 21, the state filed a nolle prosequi on the case making the judge’s ruling inconsequential. A nolle prosequi is an entry made on the record in which the prosecutor declares that he will proceed no further. The effect of a nolle prosequi does not act as an acquittal. It allows the prosecution to re-indict the defendant on the same charges and more, if necessary, at a later date. The defense also asked for sanctions for the delay in the state’s production of discovery and for the undue burden it has caused and the costs associated with the filing of the motion. Tsk, tsk. If you recall, the state filed first-degree murder charges against Casey on October 14.

In March of 2009, The defense took a bruising from Judge Strickland. Linda Kenney Baden wanted Strickland to order prosecutors to hand over the FBI’s bench notes from DNA testing on evidence. The judge wouldn’t do that because prosecutors didn’t have them and he had no jurisdiction over the FBI other than in the state of Florida. He informed the defense that if they wanted the notes, they would have to ask the FBI. As for the sanctions for allegedly keeping evidence from them, the judge said, “The motion for sanctions is denied.”

Finally, (D) is a rehash, deja vu, all over again moment, as if it will remain suspended in time until the defense gets to interview every single inhabitant of the ISS, just in case Caylee was whisked away on a shuttle flight. There are roughly 4,000 people who voluntarily searched for her all over Central Florida. Why do they need to see the records of every one of them?

In the original ruling from August 27 of last year, Judge Strickland wrote that the records of 32 Texas EquuSearch searchers mentioned at a hearing held on July 21 would be made available to both the state and the defense. They were recognized as being in the vicinity of Suburban Drive. The remaining paperwork filed by nearly 4,000 others could be reviewed in Mark NeJame’s office. Any searchers found to have been within 200 yards of the site where Caylee was found could be flagged for future consideration.

On April 5, Casey was back in court. So was Mark NeJame. Fireworks went off in the form of angry arguments and explosive accusations. What the defense expected was to be able to go through all of the TES documents in search of someone who may have gone into those woods before Caylee was discovered. The volunteers who did search there have maintained that the ground was flooded and impossible to walk through. Tim Miller told the volunteers to stay out of areas covered with too much water for fear it may damage evidence, so with standing water, there came a standing order to stand down.

The defense was given ample opportunity to go to Mark NeJame’s office to look through all of the TES records. The main problem with a court order is it opens up all of the personal information to the public. In the end, Judge Strickland agreed with NeJame. Later that day, he denied the defense request, but reiterated that they could still go and look through the documents and if they end up finding something, it could be flagged, just like he said before. Then, they could go back to the judge and try to get that released. There was not going to be a blanket release of all the documents. In my opinion, there is no reason why Judge Perry should alter that ruling, so overall, I’m afraid this motion to be heard on June 1 is not going to be thrilling for the defense team. Oh well, there’s still the issue of keeping public records about Casey’s visitors at the jail private, but Judge Strickland already said it’s all about jail rules, not the court’s.

In one last tip of my hat to Judge Strickland, I must say he did justice in this case all along, and in the end, he continues. Cheney Mason made this a problem case when he asked the esteemed judge to step down. He should have known that Belvin Perry always takes over problem cases. Ultimately, I just don’t see a chief judge overruling one of his own judges, especially one who has an incredible penchant for the law; someone with a sterling record of fairness. But just as Jose said, it doesn’t hurt to ask. Well, not always. Be careful what you ask for.

Posted on May 23, 2010 by Dave Knechel| 216 Comments(D) The Order on Defendant’s Motion to Modify the Court’s Order on Defendant’s Application for Subpoena Duces Tecum for Documents in the Possession of Texas Equusearch.