The loud bark of low heeled derelicts

Last Tuesday, Cindy Anthony e-mailed Local 6 News saying she would give away a pair of Caylee's shoes to a nonprofit organization called Children of Love Foundation, which, primarily, donates shoes, food and clothing to orphans in Central Florida and Honduras. What a mess that simple e-mail created. After WKMG announced the news, the trolls came out in droves, like a festering cauldron of abomination boiling over.

Here's what went down. It's based on factual information interspersed with my opinion, so decide for yourself. Cindy knows a woman who works at the Walgreens Pharmacy near her residence, on the corner of Narcoosee Road and Lee Vista Boulevard, in southeast Orlando. As a matter of fact, the two women have known each other for years, including before Caylee's disappearance. Cindy's acquaintance, Doris Patalano, is affiliated with Children of Love. When she found out about the shoe drive, Operation Barefoot, the group had planned for Saturday, Cindy said she would do what she could to help generate local generosity. This meant contacting the media, something Cindy has never shied away from. What unfolded was a pity.

First off, Cindy can be a pariah. We all know that. She's not the most beloved mother in Orlando or anywhere else. Neither is her daughter, but that's another story. Cindy has been known to contact the press to stir up the works, so her reputation is far from sterling. Think rotten pizza smell and her blatant spinning of words. OK, fine, but remember, she lost her own flesh and blood, and no matter what any of us think of her, it's still very painful. What ensued reminded me of the 'boy who cried wolf' syndrome, so when Cindy tried to do something righteous, it came out wrong, as usual. She, more than likely, told Doris she would contact one of the media outlets and the woman thought it would help tremendously. Cindy thought about it later and decided, on her own, to donate a pair of Caylee's shoes. What a marvelous idea! Only it wasn't. To some people, everything she touches turns to crumbling dirt, and that's a shame.

As soon as word got out, all "heel" broke loose and the laces became untied. What started out as, more than likely, an innocent gesture turned ugly very quickly. Suddenly, the pharmacy got nasty and threatening phone calls. The nonprofit foundation got the same treatment and more, including despicable e-mails from some very vulgar people. Trust me, I know who some of those trolls are because they admitted it on a very open and malevolent site, where they plotted this nefarious plan of attack. One person with many phony names compounded by more of the same appears larger than the truth. What they decided to do was astonishing, and just about as stupid as the Salem Witch Craft Trials of 1692. They body slammed Doris and the foundation. Hard. They said if she or her damn organization accepts a pair of shoes or anything else from George and Cindy Anthony, they wouldn't just boycott the pharmacy and foundation, they'd bury them. They'd get the word out that Children of Hope is evil, rotten, and deserves to be driven out of existence. Not only that, but CVS would be more than happy to take their money for all of the psychiatric and antipsychotic medications they are prescribed, not to mention drugs for IBS and other maladies brought on by their own self-destructive doings. Of course, they finished their tirades the same way they do everywhere they squat - JUSTICE FOR CAYLEE, as if justice is theirs and theirs alone to give.

Initially, the poor foundation was beside itself. It had no idea the world was filled with so much hate, particularly against one person; two, if you count George. Fearing for their own safety, the group almost called the whole thing off. Fortunately, sound minds came along and sanity prevailed. In the end, the shoe drive was successful. George and Cindy dropped off six pairs of shoes and a bag of socks, all new, that will help orphaned children. Lots of other people did the same, ignoring the persevering pestilence that permeated the Interwebz.

The sad part about this is that a small clan of people can almost disrupt a good cause. Did Cindy set out to help Children of Love or was it more along the line of trying to make herself look good; to help rehabilitate her ailing reputation? It may have been a bit of both, but so what? In truth, most of those caustic complainers do not live anywhere near Orlando, nor will they ever give an ounce of help or hope to the foundation or anywhere else. What they set out to destroy was a complete farce. How dare they try to take shoes, clothes, and other items away from hundreds of children in need because of their hatred of one woman. What rotten souls they are. If ever there were a line of shoes called Cads, they would be filled by these worn out, low-down heels.

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.

Here we go... over and over again

"Oh, East is East, and West is West, and never the twain shall meet."

- Rudyard Kipling, in his Barrack-room ballads, 1892

What Kipling was lamenting was the vast ocean of opinions that separated the British and the inhabitants of the Indian subcontinent. I see similarities in the courtroom.

The governor of Florida is the top banana of the state Executive branch, just as the president of the United States is in charge of the federal equivalent. The governor of this state is the only person who has the authority to name a Secretary of the Department of Corrections. Therefore, as we have heard time and time again, jails and prisons fall under the auspices of the Executive branch, not the Judicial or Legislative.

COMES NOW, Casey Anthony's defense team has filed yet another motion regarding her lack of privacy in jail, including, but not limited to, what types of snacks she buys from the commissary. Titled the NOTICE OF STANDING OBJECTION OF ABUSE OF FLORIDA STATUTE 119.01, it, once again, “objects to the constant, unconstitutional and abusive application of [the statute] as it relates to this cause..." In other words, inquiring minds should not have the right-to-know if those nachos are Frito Lay or another brand, never mind what flavor.

For starters, here's what F.S. 119.01 says about the matter as it explains the general state policy on public records...

It is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person.

There are actually 4 parts to the statute, but the remainder are superfluous, in the sense that they address matters of technological advances, meaning we are no longer moving into a digital world, we are in the thick of it and the state is obligated to keep up with it. With that lone entry, all that should matter to the judge and Casey's attorneys are the simple words that need no further explanation, “shall be open for personal inspection.”

Judge Perry has no authority to usurp Florida statutes, which come from the Legislature, and he has no power to trump the Executive branch, either, which runs jails and prisons.

This is certainly not the first time Casey's lawyers have filed a motion like this. Each time, they have been turned back for the same reason. Whether it was Judge Strickland or Judge Perry, the same old, same old response has been delivered. “I have no power over the Executive branch of government. I cannot tell the jail how to run itself.”

Of course, those responses did nothing to stop this new request. I don't know whether to give the defense an “A” for perseverance or an “E” for filing another wasted motion. I know exactly what grade I would give, but instead, lets take a look at the meat of the motion.

1. This matter is a Death Penalty Case that has garnered national attention and local obsession by the media.
2. The undersigned counsel (Baez & Mason) has made repeated objections as to the application of Chapter 119.01 of the Florida Statutes.
3. The Defense has objected to information being released by Law Enforcement, Corrections, and the State Attorneys office in this matter.
4. It has been and continues to be the defense position that the First Amendment rights of the media must give way to the constitutionally protected rights of the accused, especially when the State seeks the ultimate penalty of Death.
5. This objection is standing and continues and the Defense invites this Honorable Court to either reverse any prior rulings as it relates to public disclosure or Sua Sponte order the aforementioned agencies to prevent any future abuses of Chapter 119.01.
6. On July 13, 2010, the media reported that the accused ordered "Crackers and Cocoa." This ridiculous coverage has become common in this case. The information was obtained from a public records request from the Orange County Jail. [A WESH Web story was attached to the motion.]
7. The only purpose of this type of coverage is to embarrass, harass and humiliate the accused and poison the potential jury pool.

It is that final argument that strikes me as peculiar. The only thing that has become an embarrassment is the amount of motions this defense has filed regarding, not only this matter, but others. It is no trade secret that the jail, the state attorneys and the sheriff's office routinely respond to media requests for public records and the agencies are obliged to hand over the goods. True, this is a capital murder case, but if we are a nation where all people are created equal, and that means Floridians and their state's Open Government and Public Records laws, it must clearly include Casey Marie Anthony, who has no special rights outside of each and every one of us. The rules will not be rewritten.

My advice for the defense would be to take the "Crackers and Cocoa" argument up with the governor. That's an executive decision, not the court's. As for tinkering with Florida's statutes, that's up to the Legislature.

And for what goes in Casey's belly behind bars? Without a doubt, potential jurors are not going to remember whether Casey squandered her jail allowance away on nachos and bean dip or saltine crackers. No, not at all. What those jurors will ponder is whether she squandered her life away by murdering her child, and nothing more. Besides, what's so embarrassing about liking Doritos?

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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?

Texas EquuSearch is in dire need of donations.

Please help if you can...

TEXAS EQUUSEARCH

Swim for Africa

Tiffany Carter is the granddaughter of one of my most beloved friends.

 In 2009, Sophia Carter spent Christmas with her family, like so many people do all over the world. It is a most sacred holiday and a time of giving. She had recently returned from Athi River Village in Kenya, Africa, and there were many tales to tell. She spoke of starvation, poverty and the horrors of malnutrition in the children of the close-knit community. There was sickness in the air, she said - AIDS and lots of other maladies. Life saving medicines are sometimes worlds away, yet the villagers do the best they can with what they have. Their faith sustains them. Faith in themselves and humankind and a spirited drive to live and one day prosper.

Her family listened intently. There were many fascinating stories. After all, this is a culture so different from ours. To be among the people from half-way around the world was most fascinating and something not soon forgotten. When she left, she promised herself that she would do whatever she could to help. Suddenly, something sparked in the mind of her younger sister, Tiffany.

In the Kenyan village is a pre-school for young children. Built by a Christian organization called YWAM – Youth With A Mission – many children in the community come from abusive families or from parents that lose the struggle to clothe and feed them. They are the ones who come without the basic necessities of life. The school provides them with the basic essentials, including an education at a nominal fee, and children with HIV are given valuable prescription medications. Though many in the village work, most parents cannot afford to pay tuition for the school.

For the price of a cup of coffee in America, help for a child can go a long way. One or two dollars a week will provide schooling and at least one nutritious meal a day for seven full days. Without it, those children could go up to three days without a meal.

Tiffany Carter has always been an athletic and driven person. The idea that lit up inside her head was something she knew she could bring to fruition. Boldly, she stated, “I will swim across Lake Tahoe to raise funds for the village!”

This Friday, August 20, her dream from Christmas past will become a reality as she swims 22 miles across Lake Tahoe in order to help raise funds for the impoverished community. Of course, her grandmother would appreciate any and all prayers for her safety and success.

SWIM FOR AFRICA

Tiffany’s goal, and the goal of Swim for Africa is to raise enough money for every child to be fed, sheltered, clothed, and given medications as needed, for a full year. Swim for Africa hopes to raise $2,000 to send to the village to ensure that every child is nourished and cared for.

Won’t you please help?

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Thank you all for the tremendous outpouring of support in comments and e-mails. I look forward to getting back to business. We have a murder case to work on together. Thanks for hanging in with me, too. I really like my new Casa Blogga. It went from a house to a home because of you.

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?

Until I'm Ready...

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Marinade Dave

Let's give 'em something to talk about

There are tons of letters and e-mails to leaf through in the latest discovery released this afternoon. There's Dominic Casey with psychics and Cindy writing to a daughter who never answers back.

Not only that... I got an honorable mention, too! This particular one appears in the 'Letters to Casey' section, written May 11, soon after Judge Stan Strickland stepped down and the whole fiasco still weighed heavily on my mind. Needless to say, I wasn't very forgiving of Casey's defense back then. I have since mellowed a little over that gross error in judgement, but, for sure, I'll never completely figure out why the defense did it to begin with. Oh, I have a very good idea, alright, but I'll save that story for another day.

This appears on page 20383:

more letters

Mom letter after courthouse fall

mail fraud

betrayed

e-mails

Ignorance is no excuse

This is especially true if you are a lawyer. In the case of the clandestine chat between Jose Baez, Esquire, and Robin Lunceford, an inmate at Lowell Correctional Institution, Judge Belvin Perry rendered a decision yesterday regarding the privacy of what Baez described as "work product."

First, let's take a quick look at what transpired to bring about the judge's ruling. It seems that Jose received a collect call from a jail house snitch on May 31 where she ratted out another jail house snitch, Maya Derkovic. There were two phone calls, actually, but the first one was to set up the second one with Jose.The first call was received at 6:34 PM and answered by Baez Law Firm legal assistant Michelle Negron. This is what she heard:

"Hello, this is a prepaid collect call from Kathleen, an inmate at Florida Corectional Institution. This call is subject to recording and monitoring. To accept charges, press one. To refuse charges, press two. To prevent calls from this facility, press... Thank you for using T-Netix. You may start your conversation now."

According to the initial recording, it seems apparent from the content of the call that Casey's defense was waiting for a call from an inmate. Ms. Negron tells the person on the other end that, "Hallie told me that you were going to call." After listening, she tells the caller that she needs to speak to Mr. Baez. Arrangements were then made to forward calls to Jose's cell phone in anticipation of another call at 7:00 PM. At 7:01, a call is placed by inmate Robin Lunceford that is answered by Jose. The key words here are answered by Jose. This means that the warning about possibly being recorded and monitored was heard loud and clear by the attorney. As the call progressed, Ms. Lunceford also advised him that she was not telling him everything she knew because "these phones are recorded."

When the state said it would release the contents of the calls as part of discovery, Jose sprung into action. On July 15, he filed a MOTION FOR PROTECTIVE ORDER REGARDING A TELEPHONE RECORDING OF ROBIN LUNCEFORD. In it, he wrote that the Baez Law Firm received a call from an individual who advised the firm "that she was an ex-inmate at Lowell. The caller stated that she had a friend who had conspired with Maya Derkovic to create a lie to possibly benefit from her knowing Casey Anthony at the Orange County Jail. The caller informed the [Baez Law Firm] that she would be calling later that evening."

In his motion, Jose made some very concise statements regarding his knowledge of the phone calls possibly being recorded. He began it with a reference to F.S. 3.220(l)(1), which states:

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.

I don't know about that section of the statute, because, at no time was anyone informed that this was a deposition. As the motion progressed, it took on the issue of the recording made by the prison.

"Shortly thereafter, the undersigned counsel was advised by his secretary, after hours, that Robin Lunceford was attempting to reach him. The call was transferred to the undersigned counsel's cell phone, upon which a conversation with the prosepective witness occurred.

"While it became known that Robin Lunceford was calling from a correctional institution, the undersigned counsel was never made aware that the call was being recorded by either Robin Lunceford or the standard recording that is usually played when receiving a call from a correctional institution."

The motion went on to make several key points. According to the Book of Jose, not all calls are recorded when coming from a correctional institution. He was made aware that Lunceford, along with Derkovic, conspired with Robyn Adams to "... possibly benefit by lying to the state about Casey." Derkovic's motivation could have been for a transfer to another prison. She was, in fact, transferred.

Jose Baez concluded his motion with a plea from the court:

 "The defense contends that this conversation is not only protected by the work product doctrine, it further argues that it would be a third degree felony pursuant to 934.06.

"The undersigned requests that the state not listen to the illegally recorded statement as the use and disclosure of the unlawfully intercepted conversation would be a third degree felony pursuant to F.S. 934.03. Additionally, F.S. 934.06 specifically states, '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 proceeding in or before the 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 in violation of this chapter.'"

Yada, yada. In her July 26 motion, STATE OF FLORIDA'S RESPONSE TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER REGARDING TELEPHONE RECORDING OF ROBIN LUNCEFORD, Linda Drane Burdick basically said PHOOEY! You're full of it! She wrote that, "The assertion in the defendant's motion that Mr. Baez was 'never made aware that the call was being recorded' is simply not true."

LIAR, LIAR, PANTS ON FIRE! 

Burdick continued by adding that a warning did occur at the beginning of the call, no matter what Baez said about having "absolutely no recollection of hearing any recording by the correctional facility," it was clear "that the call was not an unlawfully intercepted communication under Florida Statute 934."While he may think so, the Florida Security of Communications Act "was intended to flesh out the constitutional protections afforded private communications, while at the same time giving guidance to law enforcement as to the legitimate circumstances under which they may use the interception of communications as an investigative tool."

Burdick filed another salvo at the defense motion by boldly stating that, in opposition to Baez's claim, a review of the call contained no work product information, which would could include names of potential additional witnesses. As a matter of fact, she states that both phone calls were dominated by the rantings of Lunceford against Derkovic as a result of an argument between the two. She asserts that neither Baez, nor his assistant, contributed much content to the calls. As for F.S. 3.220(l)(1), this is what she had to say:

"Florida Rule of Criminal Procedure 3.220(g)1) provides: 'Work Product. Disclosure shall not be required of legal research or of records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the prosecuting or defense attorney or members of their legal staffs,'" and she cited case law to explain the differing types of work product. Fact work product usually protects information which relates to the case and is gathered in anticipation of litigation. Opinion work product consists primarily of the attorney's mental impressions, conclusions, opinions and theories. Not to confuse you further, but the state maintained that"there is little case law on what constitutes a pretrial waiver of the work product privilege in the criminal context other than those cases dealing with disclosure to experts, it is clear that other, normally privileged communications lose their privileged status when the communication is overheard by a third party." Both Jose and his assistant knew or should have known that their communications with the inmate were not confidential and could be overheard by prison officials resulting in a waiver of any possible work product claim. She concluded her motion by saying that since the State of Florida "is not the party of interest regarding the release of public records," it had no position one way or the other.

This left the field wide open for Judge Perry to decide. Initially, I thought he would conclude that it was not work product for any number of reasons. One being the fact that Lunceford was not his client. When the judge released his order yesterday, something became apparent to me, although it is merely my opinion. Baez lied. In his RESPONSE TO STATE OF FLORIDA'S RESPONSE TO DEFENDANT'S MOTION FOR PROTECTIVE ORDER REGARDING TELEPHONE RECORDING OF ROBIN LUNCEFORD, Baez said that it was clear that "both the State and the Court have copies of the tape, and the undersigned does not. Without having the benefit of the tape the undersigned must rely solely on his memory of a call that occurred two months ago." True, but that did not preclude him from taking notes.

In closing, Baez's response asked the court to "issue a protective order barring the state from using the recorded conversation of Robin Lunceford. If the Court finds that the state has reached its burden of necessity, the defense requests a copy of said tape to make proper objections or requests for redactions. Or in the alternative require the State to take Ms. Lunceford's deposition prior to arguing necessity or delay the disclosure to allow both parties to fully investigate the matter as previously requested."

OK, I'll give him token credit over the work product argument and the defense's "almost" foregone conclusion that the motion was probably futile. I'll even give him credit for the request for the state to depose Lunceford before disclosing the phone calls, but here's where I would have drawn the line if I were the judge, and I wholly believe this was the clincher. It's something the state, the court, the defense and the public have been aware of for two years, and it is the reason why I think Jose lied about not knowing the calls were recorded. When was the last time Casey had visitors outside of her defense? Any family? No. When was the last time she made or took any phone calls? Who advised her not to? If you guessed Jose Baez, you are probably a big winner! He knew fully well that any external communication was subject to recording, and as an attorney, it should be indoctrinated into his very fiber that ignorance is no excuse in the eyes of the law. If he wasn't lying, what was he thinking?

Yesterday, Judge Perry banged his gavel down and he came relatively close to calling Baez a liar. In his ORDER DENYING PROTECTIVE ORDER REGARDING TELEPHONE RECORDING OF ROBIN LUNCEFORD, the judge said that the recordings made by prison officials do not constitute counsel's work product. Moreover, the work product privilege/doctrine protects documents and papers of an attorney or a party prepared in anticipation of litigation. In other words, when defense PI Jeremy Lyons came to my house to ask questions, that's work product because it was generated by the defense. In the case of Lunceford, she sought the defense out, and in my case, the defense came looking for me. Also, the private investigator recorded the conversation. Contrary to what Baez thinks, it was not the defense that recorded the prison conversation. It was the prison, and that makes it, not only legal, but owned by the state, and not work product of any kind.

Since the recordings were made by the prison in accordance with its procedures, they constitute public record. The judge reminded the defense that it should have been familiar with the ORDER DENYING MOTION TO SEAL JAIL VISITATION LOGS filed June 7, 2010. That made clear Florida's Public Records Act and the issue over separation of powers; that the Judicial branch of government has no jurisdiction over prisons that are run by the Executive branch.

The defense brought up Florida Statute 934.03, which deals with the interception and disclosure of wire, oral, or electronic communications. The judge explained that for a conversation to be protected under that section, the speaker must have an actual expectation of privacy, along with a societal recognition that the expectation is reasonable. State v. Inciarrano, 473 So.2d 1272 (Fla. 1985). There was no expectation of privacy from a jail and Baez knew that.

Where Baez really goofed was in his statement that he never heard the prison disclaimer about it being subject to recording. I reiterate that ignorance is no excuse, but I will further lay claim that it cannot be used in conjunction with a fabrication. How could he quickly forget the warning, but conveniently remember the content of the call he took? How could he claim that he was unaware that all calls are monitored or recorded when he advises his clients of the same thing?

Judge Perry admonished Jose. He reviewed the contents of the calls in camera. At the beginning of the call that Baez took, he was warned by an automated message that the call was being placed from a correctional institution and was subject to monitoring and recording. It was followed by a prompt to press "1" to accept or "2" to decline the call. Almost immediately, the call was accepted and Baez could be heard in the recording. The judge then repeated the fact that Lunceford reminded Baez that the call was subject to recording. Most importantly, she told him this crucial information before he made any statements in response to what she was telling him.

Ultimately, the judge denied the motion. The court found that there was simply no reasonable expectation of privacy where there were two warnings, one from the automated messaging system, and the other from the witness. Therefore, Florida Statute 943 does not prohibit the interception of the conversations, the court concluded. (Pssst... Don't tell the defense that the judge should have cited Florida Statute 934, not 943. Could this be brought up at the appellate level if Casey is convicted?)

In my opinion, this was a poorly conceived effort to pull the wool over a judge's eyes. Not only did this plan explode in Jose Baez's face, it alerted the judge to exactly what trickery this defense team will utilize in order to spring their client from jail, not that this is the first-time a lawyer has tried, but in any event, judges don't take too kindly to lies, especially when the truth is right there on a state sanctioned recording. Perhaps, Jose forgot the facts, which would be a very bad thing, because it might mean truths beneficial to Casey could slip through the cracks. If his client is truly innocent, the facts will come out at trial, just as Jose has said over and over again, but if he's willing to lie over a simple matter like this, how far would he go? I'm not an attorney, nor am I paid to play one on TV, but even I am aware that phone calls to and from a jail or prison are subject to recording. Heck, doesn't Jose ever watch Law & Order? It might be an eye opener.

"There is a higher court than courts of justice and that is the court of conscience. It supercedes all other courts."

- Mahatma Gandhi

Robin Lunceford Defense Motion

State's Response to Robin Lunceford Motion for Protective Order

Defense Response to State Robin Lunceford

Order Denying Protective Order Regarding Telephone Recording of Robin Lunceford

Order Denying Motion to Seal Jail Visitation Log Records

Kronk Fretters

“There’s been some horrible things said about me on blogs. Said I was a child predator, a child molester, all this other stuff. Some people believe it. I have no criminal background. I’ve done no harm to no one.”

- Roy Kronk, at his post-deposition press conference on Friday

Soon after Roy Kronk stepped out of the woods on Suburban Drive that fateful December day in 2008, his life changed forever. No longer was he an everyday, ordinary man who read water meters for a living. He became whatever the public wanted him to be, and in some circles, it wasn’t pretty. Soon, rumors began to swell that he was a pervert and a child molester. After all, what was he doing over there by an elementary school, poking around in woods where children played? The sad part of it is the fact that many people will see what they want to see. I was quite surprised by the numbers of people who told me they somehow “knew” that Roy Kronk was directly involved in the death of Caylee Marie Anthony. Call them gut feelings. Just what was he doing in that neighborhood to begin with? Scoping out schoolgirls?

As an Orange County meter reader for the water utility, his job took him wherever he was assigned. In mid-August of that year, he was due to read meters in the Chickasaw Oaks subdivision and that led him to Hidden Oaks Elementary School, which, remarkably, also had a meter that needed reading. Shocking! From my own visits to the spot where the skull and bones were found, the woods were an inviting place to take a lunch break. The trees offered a natural canopy above his truck and a perfect place for him to escape the hot summer sun, plus, it’s private. When he first went in August, school was out for the summer. No houses face or back into those woods, so it was impossible for neighbors to have poked their heads out of their windows to spy on Roy or anyone else. It was how remote that spot was in the middle of civilization that led him there. From my visits, it is a working class neighborhood and during that time of day, little to no traffic exists. Plus, it’s a dead-end street. There was no way anyone would be able to see, let alone know, what business he was taking care of as he stepped inside the lush cover of trees and kudzu. Over the course of three days, he called authorities and got nowhere. Nowhere, that is, until December 11.

As soon as Roy Kronk notified OCSO that he had found a skull for certain, Casey’s defense knew it had to discredit him by hook or by crook. Here was a guy - although vilified by a handful of overzealous Caylee-ites who chose to point fingers his way - who was fast becoming legendary to a lot of people. He became a hero; the guy who iced the Casey cake made from a recipe of lies and deceit. It was his determination and drive to seek justice for Caylee that sent him again, but would it have happened that day or any time soon had the county not sent him back to that area to read meters? Whatever, it was still lingering somewhere in his head because the logic of it just made sense. How much more convenient could a burial ground right around the corner of where Casey lived be? For almost six months, the body lay right under everyone’s nose, and no one knew. No children ever played in that dreaded spot. It was known by the locals to be a dumping ground. No buzzards flew overhead and there was no stench of death. Whoever placed the bag there knew it was where no one dare go. Unless it’s a person with a nature call in search of a little privacy.

Some may say it was little Caylee’s soul reaching out, seeking justice, but is that the way her mother’s defense team sees it? While some may not think so, I believe the defense does want to see justice prevail, just not at their client’s expense. We live under a legal system where the prosecution must prove a crime was committed by the person charged. The defense will sit back and wait until the cards are laid out on a table before countering. Is it the intent of Jose Baez, et al, to implicate Roy Kronk in the murder of Caylee Anthony? No, it is not. Although not beneath smear tactics, this defense will not tell the jury that Roy murdered the toddler. That would be insane and Casey would surely get an appeal based on incompetent counsel.

The way I see it, the defense may have originally thought about Roy as a viable suspect. Virtually everyone could be a suspect in any number of crimes if they happen to encroach the area of a crime scene, except for one main thing - Casey became the number one suspect from the onset, when her own mother called 9-1-1 in July. Who in their right mind would tell nothing but lie after lie after lie to investigators and not think there was anything wrong with it? Casey was always the only suspect because she kept naming a nonexistent nanny and there was no excuse for it. Note that I did not say reason. Zenaida Fernandez-Gonzalez, the nanny, was a complete fabrication.

When Cheney Mason came on board, I noticed subtle changes in strategy. Although I will never understand why private investigator Jeremy Lyons came to interview me instead searching for the true killer, the nanny, why did this defense waste money to take down the judge? At no time did Lyons ask if I was hiding any nannies under rocks or in secret closets. At no time has anyone on the defense looked for trouble outside of people who are somehow involved in the case, whether directly or not. To go from Strickland to stricter is something I will never quite grasp, but this is about Roy Kronk. Since Mason came on board, we have heard him announce that no one entered the woods when Texas EquuSearch looked in September. The area was flooded.  This was a complete about face from what former team member Todd Macaluso had said earlier, with Baez’s blessing. I am convinced it’s the same thing with Kronk. Originally, the defense suggested that he may have played a role in Caylee’s disappearance. Because it would be bonkers to really go that route, and Mason has been around long enough to understand that, it will be the defense’s job to point fingers at law enforcement instead. Prove incompetency.

While investigators focused on Casey, the real culprit got away. Here’s why, according to the defense, not me, and I can hear this coming out of J. Cheney Mason’s mouth as surely as I sit here writing it. Let’s take a look at Roy. He bragged about finding the body months before he actually found it. He told his son he was going to be famous. This was going to be fun! Oh no, that was someone else. “He said he knew where the body was and he was going to get it when the water went down,” his ex-wife Crystal Sparks said.

She went on to add that good old boy Roy had a kinky side; something about duct tape that turned him on. The role of the defense regarding him is simple. Debunk his credibility. Turn him into a sleazeball. Hey, some people like to use handcuffs in bed. Does that make them cops? What goes on behind closed doors is private, and his ex spoke out of school, whether it’s the truth or not. In my opinion, it is not relevant and the judge will deny the defense her testimony. He was never a suspect, nor will he ever be.

Recently, WKMG, the CBS affiliate in Orlando, reported that it had obtained a 1997 police report from Kingsport, Tennessee, where Kronk told investigators that they would find stolen guns and other items in woods near a field. When officers searched, they found nothing unusual. Will the defense use this to their advantage in order to raise a reasonable doubt in the jury’s minds? They’d be fools not to, but for one important fact. Although guns may have not been found in Tennessee, a body was in Orlando. The earlier incident does not make him anything close to a little boy who cried wolf. It may make him inquisitive, but nothing more. I have called 9-1-1 in the past. Does that mean I have a credibility problem?

What I have seen so far, with the addition of Mason, is a defense that is putting most of its chips on destroying state’s evidence and that includes muddying up the reputations of every person it looks at as threats to their client. How else would anyone explain the fact that Casey’s attorneys are taking bruising jabs at both Roy and her own father, George, the two most important witnesses for the state? It was George, after all, who testified before the grand jury that indicted her. What better way than to prove he’s a suicide-prone kook not worth believing? Poor George, but I’ll save him for another day. Until then, just like those people who still may think Roy was somehow involved in the murder of Caylee, all this defense needs to do is convince the jury of doubt. It’s their job to scrutinize everything the prosecution throws at them. Even his attorney, David Evans, understands it. That’s the way the system works. He also understands his client, the guy who said he had no regrets about finding the toddler. The guy who said he would do it all over again. That’s the truth. Roy Kronk stood on solid ground that fateful December day. He did it again on Friday. There’s no need for any of us to fret over him, but Casey’s defense team should.