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Tuesday

Jan252011

Revisited: Casey Anthony must die!

Tuesday, January 25, 2011 at 9:04PM

As things are gearing up for the trial, I want to reflect on some of the issues that transpired during the past two-and-a-half years. On April 20, 2009, I published Casey Anthony must die! on my old WordPress blog. Four days short of one year later, Casey’s defense team filed a motion demanding that the Honorable Judge Stan Strickland step down from presiding over the murder case. This article was cited by the defense as the primary reason why Judge Strickland would not be able to judge fairly. Poppycock! The judge never read that post or any of the others the motion cited. Also, had Jose Baez and, particularly, Cheney Mason fully read what I wrote, they would have discovered that the title had nothing to do with delivering Casey’s head on a platter of any kind.

Here is the defense motion, and here is Judge Strickland’s order granting the motion. Incidentally, the date I was called up in front of the judge was October 16, 2009, a FULL SIX MONTHS before the recusal motion was filed.

On the WESH Website, Richard Hornsby said on the day the motion was filed, “There is little doubt that one day the defense will look back on the motion (as) the worst move they’ve made,” He added that, “Judge Strickland has previously shown a fairness to Casey in the way he sentenced her in the check case, and now they don’t know who their judge will be.”

Anyone who reads my articles should know by now I am not a proponent of the death penalty. Incidentally, this was written before Casey was declared indigent. Also, the electric chair was taken out of commission and injection is today’s method of execution.

Casey Anthony must die!

From the Florida Department of Corrections Web site, here are some fun facts:

The case of Furman vs. Georgia was decided by the Supreme Court of the United States (SCOTUS) in June 1972. In that landmark case, the Court held that capital punishment was unconstitutional and struck down state death penalty laws nationwide. As a result, the death sentences of 95 men and 1 woman on Florida’s Death Row were commuted to life in prison. However, after the Furman decision, the Florida Legislature revised the death penalty statutes in case the Court reinstated capital punishment in the future. In 1976 the Supreme Court overturned its ruling in Furman and upheld the constitutionality of the death penalty in the case of Gregg vs. Georgia. Executions resumed in Florida in 1979 when John Spenkelink became the first Death Row inmate to be executed under the new statutes.

In January 2000, the Florida Legislature passed legislation that allows lethal injection as an alternative method of execution in Florida. Florida administers executions by lethal injection or electric chair at the execution chamber located at Florida State Prison. The three-legged electric chair was constructed from oak by Department of Corrections personnel in 1998 and was installed at Florida State Prison (FSP) in Starke in 1999. The previous chair was made by inmates from oak in 1923 after the Florida Legislature designated electrocution as the official mode of execution. (Prior to that, executions were carried out by counties, usually by hanging.) The apparatus that administers the electric current to the condemned inmate was not changed. It is regularly tested to ensure proper functioning.

: Old Sparky - made of oak constructed by inmates

: Gurney used for lethal injections

Since the middle of July of last year, the name Casey Marie Anthony has permeated the airwaves, earwaves and print media of this country and many parts of the civilized world on a daily basis. Every day, something must be reported on the case against Casey, and no one has titillated more than Nancy Grace. All of her loyal followers must be tickled pink since the State Attorney’s Office of Florida announced last week that the prosecution will seek the death penalty against her for the murder of her daughter, Caylee Marie. State Attorney Lawson Lamar’s office said they want to kill Casey because, as the official explanation says, “sufficient aggravating circumstances” have come to light. Please take note that Lamar did not ask for the same thing against George, Cindy and Lee and some of you won’t sleep until the entire family is dead by the wheels of justice. How ironic that nearly 2,000 years ago and for hundreds of years, the idol worshippers of Rome demanded the heads of Christians as they begged for their lives. Now, it is the Christians making the same kinds of demands. There should be no trial. Casey Anthony must die! I am not going to delve into the pros and cons of this sort of punishment and I don’t really want to hear opinions one way or the other. This article is meant to just give you a taste of things to come.

Sentencing Casey to death might be what minions of people from around the globe are hoping for, but Lamar knows it’s no easy task. Here is a case I remember well: On November 25th 1998, police were called to the Central Florida home of Kayla McKean and told that she was missing. They began a search and as the story hit the news, hundreds more people gathered to help. Countless people spent Thanksgiving Day searching and continued through the weekend to no avail. On Monday, November 30, searchers were ready to begin again when Kayla’s father, Richard Adams, came forward and confessed that he had killed her the previous Tuesday in a fit of rage because she had soiled her underpants. In his confession, he told police where her little battered body was buried. Kayla’s stepmother, Marcie Adams, took police to the Ocala National Forest where Richard buried her. He was immediately arrested on charges of first-degree murder, aggravated child abuse, tampering with evidence and medical neglect. Like Casey, he faced the death penalty, but on May 15, 2000, Adams was sentenced to life without parole, plus 28 years. Because of her death, Florida enacted the Kayla McKean Child Protection Act.

Casey’s team will go to trial with a credible cast of legal experts, something Adams did not have. Although you may scoff at Jose Baez’s credentials, he’s got some strong talent behind him, including New York defense attorney Linda Kenney Baden [not now], famed criminologist Dr. Henry Lee [today, it was announced that Lee would not testify at trial], forensic scientist Dr. Larry Kobilinsky and Todd Macaluso [nope!], who excels at cross-examining technical experts. This will make the death penalty a tough win for Lamar, and he’s got to be concerned.

Some people feel this is nothing more than an old prosecutor’s trick. Well known law professor Alan Dershowitz, of Harvard Law School, claimed that Texas prosecutors used the same ploy to get a conviction against Andrea Yates, who drowned her 5 children in 2001.

“The prosecutors… never really expected, nor even wanted, the jury to return a death sentence,” Dershowitz wrote. “They manipulated the death sentence processing order to get a pro-prosecution jury, more likely to reject the insanity defense and return a verdict of guilt. This tactic, well known to those who practice criminal law, is becoming more widespread in states which authorize the death penalty.”

In Yates’ case, her conviction was overturned on appeal and she was ruled not guilty by reason of insanity. Because of the nature of choosing juries in death penalty cases, a potent problem exists for the defense. The selection process may give potential jurors an impression of guilt by merely asking for death instead of a lesser penalty. Ultimately, the State Attorney’s Office may be looking for a plea deal now that Casey faces being strapped down on a gurney to one day be fed intravenous shots of killer medications. No doubt, this will be a very long and costly trial since it doesn’t look like Casey is readying herself for some sort of confession. With this in mind, let’s examine how the death penalty works in Florida.

First off, death penalty trials are not cheap. The stakes are much higher because we are talking about taking a life. Because of that, more motions are filed, more interviews are conducted and lots more research is performed. The possibility of execution will prolong and complicate this trial and make it 10 times more expensive for the prosecution and defense than a maximum life in prison sentence.

Capital punishment cases need a very select type of person to sit in the jury box because they must be willing to sentence someone to die. Also, cases like these are two-parted: the guilt/innocence phase and the penalty phase, and that could almost double the length of the trial. Time costs money.

Unlike non-death penalty cases where potential jurors are questioned in groups, these jurors are interviewed individually. Sometimes, a process like this can take weeks. Once a jury is seated, the trial begins with the guilt/innocence phase, and like any other criminal trial, the state presents its case and the defense does its best to poke holes in the evidence presented against their client. After that, the jury decides guilt or innocence and if found guilty, the trial moves into the second stage, the penalty phase.

You’ll notice that in the State Attorney Office’s explanation of why it asked for the death sentence, “sufficient aggravating circumstances” was cited. These aggravating factors, all outlined by law, must outweigh the mitigating circumstances as put forth by the defense. Aggravating factors would include whether the killing was committed in a cold, calculated and premeditated manner. Mitigating circumstances would encompass areas such as whether the defendant acted under duress and why this life should be spared. It becomes a second trial within the trial and it is where the costs really start to add up.

Most of the time, it’s the defense that has to work harder and spend more time working out the reasons to spare their client’s life. To prepare for this phase, they must do extensive research into that person’s background. They must dig up every school record, medical record, where they were born and what doctor delivered them. If mental health issues never factored into the main trial, they will here. Mitigator specialists may be called in. I’ll bet you never even knew this type of career exists. All of this is very time consuming and expenses can soar into the 100s of thousands of dollars for this phase alone, just to pay for experts.

As of today, with the trial set for mid-October and more likely to be a year or two away [BOY, WERE WE WRONG ABOUT THAT!], it’s impossible to say how much it will cost the state, but the bill will rise tremendously now that it has asked for the death penalty. Prosecutors’ spokesman Randy Means said that death penalty cases are not budgeted separately from other cases, but because they take longer, they cost more. Anywhere from 3 to 10 times more effort is put into this type of case. If the defense puts many experts on the stand during the penalty phase, the state must counter those arguments.

Many of those aggravators have already been shown during the guilt/innocence phase and the mitigating circumstances will need to be fought again, with new testimony. We, the taxpayers, must fund the state. The money set aside to prosecute cases has already been budgeted and because of this, it takes away from other trials. That means someone else might not be prosecuted to the fullest extent of the law. Keep this in mind as the state readies itself because prosecutors had better be sure they know what they are doing. Before you throw any “Lawson Lamar lament” my way, this is not meant to argue the pros and cons of the death penalty, nor is it to trash Casey for not fessing up. This is just to let you how the process works.

If she is found guilty and sentenced to death, she will go to the Lowell Correctional Institution Annex in Lowell, FL, outside of Ocala in Marion County. Her cell will be 6 x 9 x 9.5 feet high. She will be served meals three times a day, at 5:00 am, from 10:30 am to 11: am and from 4:00 pm to 4:30 pm. All food is prepared by prison staff and transported in insulated carts to the cells. Prior to execution, she will be able to ask for a last meal and the cost to prepare it must cost no more than $40.00 and all ingredients must be purchased locally. As for the final cost of arrest, trial, incarceration, appeals and execution, the price will run into the millions, a lot more than just a life sentence, and in the end, Lawson Lamar knows that a death sentence in Florida may end up being more about dying of old age in a stark jail cell than anything else.

To those of you so hellbent on Casey’s execution, I ask you where you were when Kayla McKean’s father sat on trial, charged with her brutal murder. I ask you where you were when he was sentenced to life instead of death. I guess you didn’t care. Perhaps that’s not it at all. Ten years ago, this precious child, every bit as beautiful and angelic as Caylee Marie, didn’t have Nancy Grace fighting for her. No Geraldo, no cable shows, no Internet and no public. Who cried for Kayla? Think about it.

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Judge Stan Strickland,

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Richard Hornsby,

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Thursday

Jan202011

State calls defense motions "in limine" lemons

Thursday, January 20, 2011 at 7:37PM

“… most convictions result from the cumulation of bits of proof which, when taken singly, would not be enough in the mind of a fair minded person. All that is necessary, and all that is possible, is that each bit may have enough rational connection with the issue to be considered a factor contributing to an answer.”

- Judge Learned Hand in United States v. Pugliese, 153 F.2d 497, 500 (2d Cir. 1945)

The state of Florida just filed its response to several motions in limine filed by Casey Anthony’s defense. Remember, in limine is just a fancy Latin way of saying “on the threshold.” They are motions filed asking the court to prohibit or limit certain testimony or evidence at trial. In this case, the prosecution struck back at seven of them, as if that’s a lucky number. I guess it depends on how Judge Perry interprets the law, which means that luck will have no bearing at all. They are:

Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Lazaro Connected to Inquiries, Conversations, or Interrogation by Corporal William Edwards Related to Sexual Relations with the Defendant
Motion in Limine to Preclude Testimony Connected to Questions and Responses of Witness Anthony Rosciano in the Interview by Corporal Yuri Melich and Sergeant John Allen Related to Sexual Relations with the Defendant
Motion in Limine Regarding any Testimony that the Defendant has a History of Lying and/or Stealing
Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to the Shovel
Defense Motion to Exclude Irrelevant Evidence of Tattoo
Motion in Limine to Prohibit the Use, in any fashion of Internet MySpace References Attributable to the Defendant as “Diary of Days”
Motion in Limine to Prohibit the Use, in any fashion, of a Posting on the Internet MySpace References Attributable to Cindy Anthony, the Mother of the Defendant

Before I go any further, I must address a couple of things. I realize the prosecution and defense are not competing against each other in a spelling bee, but wouldn’t you think they would know how to spell Lazzaro and Rusciano by now? After all, both men will be crucial to the case, especially Lazzaro. Oh, and what’s with all those capital letters, if I may add my 2 cents worth? With all of the other letters capitalized, at least the $3.00 and $5.00 words, what happened to fashion, and since when was Myspace written with a capital S ? If you believe it’s MySpace or My Space, don’t think I didn’t do my homework. Am I nitpicking? Well, I guess it’s not all that important, except for the slight chance the defense will try to have the case thrown out on a technicality, which would be preposterous…

“Your Honor, my client dated Lazaro and Rosciano, not the other two guys.”

“Overruled.”

The defense was careful to point out the significance of following stringent due process standards established by the Supreme Court since this is a capital case and death is different. However, and in my opinion, each and every case argued in a court of law is important, regardless of its magnitude. I am certainly not alone in this view, and one thing any prosecution should never strive for is the conviction of an innocent person. This particular prosecution seems to be on the up and up and not overzealous. They are also much more organized than Casey’s defense, at least at this juncture, and they argue well. For example, the response was quick to point out that “in order for any evidence to be excluded, the evidence would have to have the effect of inflaming the jury, or improperly appealing to the juror’s emotions.” This is a recurring theme in the state’s rebuttals.

In some cases, it’s just plain common sense that should dictate the judge’s decision on the in limine motions filed by the defense. I understand fully the reasons why a good defense files a lot of motions, one of which I have explained before; that you throw everything at the wall and hope something sticks, and if all else fails, throw the kitchen sink and pray it pokes a giant hole in the wall the prosecution has built. “Relevant evidence is relevant evidence, hearsay is hearsay, and improper character evidence is improper character evidence despite the crime or the penalty.” Rules of evidence “should never be abrogated or applied any differently” because of the punishment the defendant is facing. In other words, it is what it is, or what you see is what you get. Florida Statute 90.401 states that relevant evidence is evidence tending to prove or disprove a material fact. The prosecution cited this statute and a quote from McCormick on Evidence §185 that says relevant evidence “has a tendency to establish a fact in controversy or to render a proposition in issue more or less probable. To be probable, evidence must be viewed in light of logic, experience and accepted assumptions concerning human behavior.” One way to look at this is simple. In and of itself, to borrow a neighbor’s shovel is meaningless, but coupled with other bits of circumstantial evidence, a clearer picture may arise about why the shovel was borrowed and for what purpose. As the state wrote, “Each item of evidence is a link in the chain of proof.” Also, as Judge Learned Hand wrote, “[I]ndividual pieces of evidence, insufficient in themselves to prove a point, may in culmination prove it,” because the “sum of an evidentiary presentation may well be greater than its constituent parts.”

The state’s response also looked into prejudicial v. probative analysis under F.S. 90.403, regarding exclusion on grounds of prejudice or confusion: “Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” What happens here is anyone’s guess, because the state acknowledges that the “trial court has broad discretion in determining the admissibility of evidence and in weighing its probative value against any prejudicial effect.” It is at this point the state argues its case against the motions in limine filed by the defense.

ARGUMENT REGARDING MOTION IN LIMINE TO PRECLUDE TESTIMONY OR ALLEGED STATEMENTS OF WITNESS ANTHONY LAZARO [sic] CONNECTED TO INQUIRIES, CONVERSATIONS OR INTERROGATION BY CORPORAL WILLIAMS [sic] EDWARDS RELATED TO SEXUAL RELATIONS WITH THE DEFENDANT and MOTION IN LIMINE TO PRECLUDE TESTIMONY CONNECTED TO QUESTIONS AND RESPONSES OF WITNESS ANTHONY ROSCIANO [sic] IN THE INTERVIEW BY CORPORAL YURI MELICH AND SERGEANT JOHN ALLEN RELATED TO SEXUAL RELATIONS WITH THE DEFENDANT

As I argued in an earlier post about the rather sticky subject of sex, the state was careful in wording its response. The relationship with Rusciano predated the disappearance of Caylee, so what transpired in the bedroom is of little to no value. Lazzaro’s, however, is a different story. Casey slept with him every night after Caylee was last seen. This continued until he left for New York, but of importance is what Casey was like. Common sense tells us that a mother, ANY MOTHER, would be so incredibly desperate to find her missing child, sexual intimacy would be totally out of the question.

The state adds that “the existence of an intimate relationship between the two during the time frame when Caylee Anthony was last seen and when she was reported missing by her grandmother is highly relevant.” I certainly agree. According to Lazzaro, Casey never mentioned her missing daughter to him other than to tell him she was with her grandmother, Cindy, or the nanny. This is extremely important in painting a picture of Casey’s demeanor on June 16, when the state says Caylee was last seen, through July 15, when the party door slammed shut. When Lazzaro learned of the “kidnapping”, one of his first text messages to Casey expressed incredulity that she never told him anything about it the whole time she was with him. How odd.

ARGUMENT REGARDING MOTION IN LIMINE REGARDING ANY TESTIMONY THAT THE DEFENDANT HAS A HISTORY OF LYING AND/OR STEALING

As Cindy once said, a liar does not a murderer make. That’s true, but when it’s part of the time frame between June 16 and July 15, should it matter? The state acknowledges the difficulty of bringing it up if Casey never takes the stand and cannot be cross examined. There is also the issue over how long Casey had been doing it. Most of her life? While Cindy pursued the truth about her granddaughter and Casey continued to lie, I don’t see any evidence that this was the first time Casey lied about anything. She was (and remains) a born liar. To be honest, I don’t know any murderer who desires to tell the truth about what they did, so this defense motion in limine, in my opinion, could go either way with the judge. The state says her lies are “relevant to the conciousness of guilt which may be inferred from such circumstances.” To me, inferred is too flimsy of a word.

ARGUMENT REGARDING MOTION IN LIMINE REGARDING TESTIMONY OF NEIGHBOR BRIAN BURNER IN REFERENCE TO THE SHOVEL

If you ask me, this one’s a no brainer and I shouldn’t have to cite anything from the state’s official response. Common sense dictates the answer. The child was missing long before anyone knew it, the car smelled like there was a dead body in it, a shovel was borrowed, but not used, and the body was eventually found tossed in the woods around the corner from the house. I say, if the judge decides the shovel is of no relevance because it “could” have been used to dig up some nonexistent bamboo roots, then the remains must be tossed, too, because there’s no solid proof Casey “could” have thrown them in the woods. Or did. Does that make sense? Good. By the way, I have bamboo in the front yard and I’ve never seen a root, let alone tripped over one. It grows in clusters and most of it was grown here for a reason. Usually, you find it facing north because if buffers the cold wind that comes down from the north. It was used to help protect citrus from freezing air.

As for the shovel, it will go hand in hand with what Brian Burner indicated he saw. On three separate days, the defendant backed a vehicle into the garage. That’s something he had never see her do before. We can draw our own conclusions, but the state left this question for the court: “Does the evidence of borrowing a shovel from the neighbor within two days of the child missing have a tendency to render a proposition in issue - that it was borrowed with the intent to conceal remains - - more or less probable?” You can decide for yourself.

ARGUMENT REGARDING DEFENSE MOTION TO EXCLUDE IRRELEVANT EVIDENCE OF TATTOO

Once again, this is an easy one to figure out, and the state said it best in its final sentence about this motion. “The tattoo is relevant to show the Defendant’s state of mind during this time period, and the inscription obtained can certainly be read either as an epitaph for her daughter, or signaling a new beginning for herself.” Does this seem like a person waging their own investigation into the disappearance of their child?

ARGUMENT REGARDING MOTION IN LIMINE TO PROHIBIT THE USE, IN ANY FASHION, OF INTERNET MYSPACE REFERENCES ATTRIBUTABLE TO THE DEFENDANT AS “DIARY OF DAYS”

and

ARGUMENT REGARDING MOTION IN LIMINE TO PROHIBIT THE USE, IN ANY FASHION, OF A POSTING ON THE INTERNET MYSPACE REFERENCES ATTRIBUTABLE TO CINDY ANTHONY, THE MOTHER OF THE DEFENDANT

I lumped these two motions together because they are similar, in my opinion. Casey wrote a passage in her Myspace page on July 7 that the defense attributes to a song written by Hayden Christianson. To be quite frank, I am of a completely different generation than Casey. As much disco/punk/goth/mosh/hip hop/etc., etc. styles that have passed by me through the years, and my own changes in music appreciation and lack thereof, I can’t make a call on it. Is it from a song? Is it from a poem? Did Casey make it up? Does it mean anything? I don’t know, and that’s where the wisdom of a judge takes control. Allow it and let the two sides battle it out if it’s all that important. The same thing is true with Cindy’s entry in her Myspace account. After not seeing her granddaughter for several weeks, she asked Lee to help her post an important message to Casey. As to the meaning of the posting, the state will not attempt to argue that Cindy knew her grandchild was dead. Cindy was desperately seeking Caylee and her daughter kept them apart. Casey ignored her mother’s pleas and this will show the relationship that existed between the two. There wasn’t much of one.

Well, there you have it. My thoughts on some of the motions that will determine the make-up of the impending trial. In order for the defense to mount a strong case, it will have to overcome the almost insurmountable evidence, albeit circumstantial, against their client. As of today, this is a case the state can readily win. Do I blame the defense for filing any of these motions? Of course not, but even if it wins 3 or 4 of them, it’s still quite an uphill battle. No matter what, how Casey acted during the month her daughter was missing will be her biggest hurdle to overcome.

One final thought regarding the $583 sanction against Jose Baez - I talked to an attorney about it and he said that it’s not necessarily a bad thing. I know Judge Perry refused to consider another look at it today, but sometimes a lawyer will find that the fine is worth it when it comes down to how much time the defense can buy to keep important information out of the state’s hands. Was this the case here? I can’t say, but in the long run, will it really hurt Baez? After the trial is over, life goes on and he continues to represent clients. Vita perseverat.

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Friday

Jan142011

A wealth of misconduct

Friday, January 14, 2011 at 9:02AM

Time and a Word by Yes

In the morning when you rise,
Do you open up your eyes, see what I see?
Do you see the same things ev’ry day?
Do you think of a way to start the day
Getting things in proportion?
Spread the news and help the world go ‘round.
Have you heard of a time that will help us get it together again?
Have you heard of the word that will stop us going wrong?
Well, the time is near and the word you’ll hear
When you get things in perspective.
Spread the news and help the word go round.

There’s a time and the time is now and it’s right for me,
It’s right for me, and the time is now.

- Jon Anderson & David Foster

To be quite honest, I had no idea my brain would smash into a brick wall, causing my writing skills to atrophy. My word! Or lack thereof. To say my life was a bit topsy turvy the past two weeks is an understatement. Generally, when I sit down to write, I like to do it with nothing in my way. I like my mind free from clutter. My mind has been anything but that lately. Even today, I can’t sit still. Too many responsibilities. I anticipate this post will take hours to write - hours to focus, too. To give you an idea, here’s how I began my post last week before sickness and death took it all away:

When I arrived on the 23rd floor on Monday, a handful of people were milling about. Sure, there are always journalists waiting for the courtroom doors to open, but I’m more intrigued by the new faces I see each time I attend a hearing. Among them this time were two of the friendliest people I had the privilege to meet, Suzie Jane and Roger, who came all the way from the great home state of our 16th, 18th and 44th presidents, Illinois. We had a very nice chat before the doors opened for us to enter. They sat to my immediate right. We glanced around the room before the judge entered at 1:30 sharp. Meanwhile, I had time to boot up my old laptop computer and crack open my old-fashioned notebook - no, not the electronic kind - it’s a simple and powerless device consisting of two covers, front and back, with lined paper inside. The only thing digital about it is the hand-held digits, also known as fingers, I use to grasp the necessary recording utensil that must accompany the notebook in order to work; a pen.

Suzie Jane quietly wondered where Cindy and her friend were. I whispered back that she is sometimes late, but she should definitely show up.

When…

And that’s where it ended. My father was in the hospital, my mother got quite ill with a bad flu virus, and my aunt passed away. I had a medical procedure done and I’m a little sore from that. Can I pick up where I left off? I guess so, but what’s the point? The motions are old and somewhat stale now, old in the sense that they’ve been discussed in the news and on blogs. Instead, I’ll look into another brewing storm, unrelated to the Anthony case, or maybe it is. I guess it depends on the way the cards are falling. You’ll see.

In May of last year, I published a post about James Hataway, the young man sitting in the Seminole County Jail accused of strangling a woman. Fortunately, she lived. Hataway is also the prime and only suspect in the disappearance of Tracy Ocasio. They left a west side bar together on the night of May 26-27, 2009, and she was never seen again. I mentioned that I knew who he was because of a bar I used to frequent way back when, before I gave up my Bacardi & Coke days. Nights, actually. I never was one for drinking during the day. By golly, I have my scruples.

Daniel SaylorMcGuintty’s has been closed at least three years now, possibly four. He and several other skinhead types used to hang out there but I never socialized with them. No, my skinhead came naturally, and I never looked at myself as any sort of tough-guy punk like they did. One night, I was standing at the bar chatting with some of the other regulars. It was a slow night. Sitting nearby was a guy who eventually joined in on our conversation. I don’t recall what we were discussing, but we really seemed to hit it off. It turns out, he was the police chief of Windermere, a small town southwest of Orlando. He even showed me his gold-plated badge. I wondered why he would have been drinking so far away from where he worked, but he told me he didn’t live in Windermere. He commuted from Seminole County, where I live. Windermere is the wealthiest little town in central Florida, or, at least its residents are. You may remember the town because Chief Daniel Saylor’s police department initially investigated Tiger Woods’ accident. The department was criticized for not asking Woods to take a breath test when he was pulled from his wrecked SUV. Florida Highway Patrol eventually took over the case because all vehicular accidents are run through that agency. Tiger was later cited for careless driving.

I used to travel to Windermere all the time. That’s where one of my ex’s mother lives - inside Isleworth, the exclusive gated community where the mishap took place. The reason why I brought this up has nothing to do with Tiger, but it does have to do with police chief Dan Saylor, or should I say ex-police chief? You see, he was arrested on Wednesday and charged with giving unlawful compensation for official behavior, a second-degree felony, and official misconduct, a third-degree felony. I haven’t traveled there in years, but the town of Windermere had a reputation for writing tickets for going 1 mph over the posted 25 mph speed limit. It’s not a joke that the town hired hand-me-down cops, too. The word on the street has pretty much been that officers sworn to uphold the law had problems doing it elsewhere. Some were fired from prior positions, in other words. As it turns out, the police chief held no sterling record, either. According to the WESH Web site, records “show reprimands from the Melbourne Police Department dating back to 1991. He was suspended for lying to Melbourne police supervisors in 1994. The next year, he was given an unsatisfactory review for professional behavior. Then, three months later, he was suspended for 160 hours without pay and put on probation for a year for not being truthful during an internal investigation. Higher-ups noted that they considered firing him but gave him ‘one last chance.; During that one year suspension, Orlando police accused Saylor of soliciting a prostitute. Police pulled him over on Parramore Avenue. According to the incident report: Saylor first claimed to be giving the woman a ride, then admitted he had been at a strip club and employees told him where he could go to pay for sex. Windermere’s town manager, Cecilia Bernier, says the town knew about the investigation but decided Saylor was ‘good material for our chief.’ No charges were ever filed in the prostitution case.”

Scott BushIt’s very interesting, too, that the Florida Department of Law Enforcement and the Orange County Sheriff’s Office had an ongoing investigation into him and the police department he ran. Just what were those charges related to? I mean, what do unlawful compensation for official behavior and official misconduct mean? Here’s where it starts to get ugly, and I mean UGLY! He’s good friends with a guy by the name of Scott Frederick Bush. Bush was arrested on Wednesday, too, and held without bond, charged with sexual battery and lewd and lascivious molestation of a child under 12 years of age. This took place over a three year period, between 2000 and 2003. Here, we have a police chief allegedly granting several of his own officers time-off with pay and other incentives to stonewall the criminal investigation of an alleged sexual deviant who raped a child. Officer Irving Murr was handling the case. He was offered money, a promotion and a day shift to cover it up. According to Saylor’s arrest warrant, he destroyed notes related to the investigation and offered bribes to lie to FDLE. The FDLE special agent in charge, Joyce Dawley, said, “Chief Saylor used his position to hinder our investigation.”

Saylor was suspended from his job without pay and released on bond Thursday, but with one stipulation: He had to agree to turn all of his personal weapons over to authorities. The locks on the doors of the police station were changed and an OCSO captain was named the interim chief. More heads are expected to roll. Meanwhile, Saylor’s career is ruined, and rightfully so if he’s actually guilty. One thing cops can’t stand is a crooked cop. It gives them all a bad name. What’s worse is the fact that he shut down the investigation into his friend who is now charged with raping a child. Of all crimes, who in their right mind would do something like that, let alone a police chief or anyone else related to law enforcement, for that matter? It’s disgusting. Child molesters are the lowest of the low.

Bear with me for a moment, please. I’m veering off course. Do we recall the time, early on, when a lot of people had gut feelings that George and Cindy knew what Casey was up to? Why didn’t they act before it was too late? How could they not see what their daughter was capable of doing? Remember, I’m not talking about after the fact, this is before the crime. Today, the Tuscon murderer’s parents could be compared to George and Cindy in the same light. How could the parents of Jared Lee Loughner not know? Again, I’m not talking about after the fact. How many people never see something coming? Especially parents? In George and Cindy’s case, Mark Nejame was their first attorney. Then, he got fed up, left, and was practically deified. He could do no harm. Next came Brad Conway. Today, it’s Mark Lippman, and he seems to be keeping the family in check. After Conway dumped George and Cindy, his reputation in the public went up a few notches. In the case of the Windermere police department, it’s quite evident the political powers in charge are now in the same boat as George and Cindy. Why didn’t they see what was going on? Town leaders knew when they interviewed Saylor that he came with lots of baggage, yet they hired him anyway. That was back in 2002.

Remember, everyone is entitled to legal counsel, and that includes Casey. Who would ever want to come to her defense and why would anyone want to, for that matter? These have been some of the recurring questions made by many, and Jose Baez and the rest of her defense team have been vilified over and over and over because of it. They are evil incarnate! Yesterday, Daniel Saylor’s attorney was able to secure bond. What attorney in their right mind would be interested in defending an alleged crooked cop who squashed an investigation into the rape of a child? That’s downright disgusting, right? Well, his attorney downplayed the state’s case against his new client and urged the public to remember Saylor has only been accused - not convicted - of crimes. Sure, we’ve heard it all before. At the bond hearing, this attorney told the judge that Saylor should be released because he didn’t belong in jail. “He should be released and he should not be here. This is a travesty that’s occurred and continues to occur.”

Who is this attorney? Just who would want to represent a police chief that used his power to cover up a rape investigation against a friend? Who would it be? Why, none other than everyone’s favorite, Mark Nejame!

I want to thank everyone who stood by me during my family’s recent setbacks. I got some lovely, caring comments. Also, I received quite a few e-mails and submissions through this blog. I have not forgotten you, I just haven’t had much time to respond. I will. As the dust settles, I will get back into writing about the Casey Anthony case, too. There’s plenty to discuss, including lots of motions and the sanction against Jose Baez. I had a good conversation with a very nice gentleman at the last hearing. I want to say hello to Jim Barthiaume who was visiting from Michigan. It was a pleasure meeting you. Today, I will not be traveling down to the courthouse.

Thank you for your patience.

63 Comments

Dave Knechel | tagged

Windermere | in

FDLE,

Orange County Sheriff’s Office,

Mark Lippman,

Mark NeJame,

Morality,

OCSO,

WESH,

marinadedave |

Wednesday

Jan052011

Ruth Evelin Kyle, nee Landis

Wednesday, January 5, 2011 at 11:59AM

It is with great sadness and much difficulty that I must announce to the world of Science Fiction the passing of my Aunt Ruthie. She slipped away in her sleep today, during the night. Yesterday [Jan. 4] was her 81st birthday. To tell you I have so many fond memories of her as I was growing up is a huge understatement. She and my Uncle David used to fly me from Newark, New Jersey, to Potsdam, New York, on Mohawk Airlines, then Allegheny, then US Air, to live with them during the summer months of school recess. A lot of my childhood and formative years were spent reading Sci Fi books in bed at night. The cool evening winds of the North Country breezed lightly through my open window. Aunt Ruthie and Uncle David had a veritable library that overflowed the myriad shelves of books in many of the rooms of their spacious and well appointed home. As a young man, my mind was filled with fantastic fantasies that sprang to life with each passing page. It was time spent there that my fascination with the genre blossomed. My uncle is 91-years-old now, soon to be 92, and retired from writing, but they were equally instrumental in helping develop my keen imagination and avid interest in writing. It was not unusual to have dinner guests like Arthur C. Clarke and Isaac Asimov. Back then, they were just ordinary people to me.

Aunt Ruthie was an exceptional cook, too. Every meal was a gourmet adventure through Europe; England, Spain, Italy and beyond. As a matter of fact, they lived in England for several years, on the Thames River. It was a perfect place for an author to write.

I talked to Kerry, AC and Uncle David today. I’ll tell you, it wasn’t easy. God knows how much I love my aunt. My cousins, AC and Kerry, have lost their mother. Today, she belongs to God and the stars - the stars I used to visit every night in my own vivid space odysseys in upstate New York and beyond. The sci fi world has lost one of their most cherished fans.

God Bless You, Aunt Ruthie. Thank you.

The family is requesting that small donations may be made in her name to her beloved church of 50 years:

Trinity Church

8 Maple Street, Potsdam, NY 13676-1181

www.trinitychurchpotsdam.org

†

Ruth Kyle Memorial Site

David Kyle, Sci-Fi Writer

Ruth Kyle and David A. Kyle at Millennium Philcon (2001)

63 Comments

Dave Knechel | tagged

Ruth Landis Kyle | |

Tuesday

Jan042011

Temporary Time Out

Tuesday, January 4, 2011 at 10:01AM

I have many family responsibilities today. My father is in the hospital with pneumonia and my mother has doctor appointments. As soon as I fulfill my obligations, I will write about yesterday’s hearing. It was an interesting afternoon at the courthouse.

Thank you for your patience,

Dave

73 Comments

Dave Knechel |

Monday

Jan032011

Big Day in O'do

Monday, January 3, 2011 at 10:07AM

The Trial of the Century?

January 2011 marks the official countdown to Casey’s May trial, which will absolutely be the trial of the year, if not the decade or century. Century, I guess, because it’s still very young, and unless another one comes along with all the trappings of OJ, it may retain that ignoble title.

It should prove to be a pretty heavy hearing in the courtroom today. The defense wants Judge Perry to hear 22 motions, but the judge has the final word. Will all 22 be heard? I seriously doubt it. In any event, I plan on attending. I will bring something to eat, just in case my sugar drops. I might try to sneak my spare laptop in. If I do, I will be able to comment on this post directly from the courtroom. Call it an interactive experiment.

By the way, O’do is a slang term for what city? Yup, you got it.

Feel free to comment here about what transpires. If I can answer questions online, I will do my best, but remember, I will be taking lots of notes, so don’t feel snubbed if I don’t get back to you right away. You should be somewhat used to that by now, what with all my family’s health issues and all.

Also, please visit Snoopy’s blog post about today…

Will it be a Catch 22?

Dave Knechel | in

marinadedave |

Saturday

Jan012011

'twill be a very good year

Saturday, January 1, 2011 at 11:21AM

Monday Monday

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

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

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

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

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

Alleged photos by Joseph S. Jordan

CELL PHONE IN BAG?

HAPPY NEW YEAR, EVERYONE!

It should prove to be a great one.

50 Comments

Dave Knechel | tagged

Websleuths | in

Florida Rules of Criminal Behavior,

In Limine,

JAC,

Joe Jordan,

Jose Baez,

Judicial Administrative Commission,

Marinade Dave,