Lis Pendens... Venienti occurrite morbo

Ab Initio...

If we have learned anything from this Casey Anthony case, for sure, it is the fact that Latin is not a dead language. Throughout the motions filed and hearings heard, we now know what ex parte means as well as in camera, ipso facto. We've sat down and watched in limine in situ, et cetera, et cetera. Today, I bring you a bona fide new post ex gratia. In other words, it comes gratis dictum.

Lis pendens is the Latin term for suit pending. It is a written notice that a lawsuit has been filed. It concerns real estate, plain and simple, and it involves either the title to the property or a claimed ownership interest in it. On May 10 of this year, a suit was filed against Jose and Lorena Baez in the Osceola County Circuit Court by the bank holding the mortgage on the house and property they own. Jose Baez represents Casey in her criminal case. This is a civil matter and she has nothing to do with it.

To put things in perspective first, let's take a look at NASA on the east coast of Florida. United Space Alliance just reported that 1,000 employees would be laid off soon. By the time the shuttle program ends, up to 8,000 employees will be out of a job. If we look at industry in the Cape Canaveral area, NASA is its heart and soul. It keeps the area alive and thriving. Unfortunately, by the time all those jobs disappear, it will mean that thousands of people will not be able to pay their mortgages. That translates into more and more foreclosures. It means the loss will trickle down and create more loss, and the region will be a shell of what it once was. Such is life these days, and as some have watched in delight as George and Cindy squirmed in their seats over foreclosure on their house, we now see neighbors in our own back yards suffering the same fate. Banks hate to do it, but many well-intentioned Americans are facing the same thing, day-after-day, and are powerless to stop it. And it compounds. As people move away or just go deeper into debt, it's less Happy Meals and Domino's Delivers. It's more layoffs. It's less taxes to pay for education. It means less field trips to the Kennedy Space Center because school budgets go lower and lower. It means everyone is vulnerable, rich and poor alike.

No one wants to see a family lose their home, and that should include Jose Baez and his wife. This is a sad state our economy is in and I'm sorry, but I can't wish this misfortune on him because of who he represents or what he does while representing her. For one thing, how many people accused Jose and Casey of improprieties in his office while she was out on bond? How many still accuse him of groping her in her jail cell [technically, groping is not the same as hugging], despite the fact that Casey wrote of her crush on Jose Garcia, one of his attorneys? No proof exists of any of it, yet it persists. Now we find out he's married. No one knew that. Does it prove he cheated on her or does it really mean we just didn't know all along and it was plenty easier to make up dirty stuff because that's where our minds led us? In reality, he never discussed his home life because he separated himself from the two. When he was asked about the foreclosure case, he said, "I think it's personal."

Today, the buzz is all about his house. It couldn't have happened to a nicer guy. Well, I disagree. Sure, he could have quit this case and gone back to taking on DUIs and petty crimes. After all, that was his bread and butter before Casey came along, but you know, in all actuality, he does represent other clients. We just don't hear about them because this is the one that matters most. Odds are, he'd be going through this whether she came along or not, and we'd be none the wiser. Is this a case of karma's a bitch? Don't be absurd. Thousands upon thousands of God-fearing, moral and upstanding people are going through the same thing with each passing day.

Will this impact his ability to represent Casey? No, he said, "It has nothing to do with my case, my business and anything that has to do with Casey Anthony. I'll probably keep the house, even though it's worth half of what I owe."

That's part of the problem today. Too many people owe a lot more than their homes are worth. In Baez's case, records indicate the house was bought 3 years ago for $670,000. In October of last year, the taxable value was $347,100.

If Jose Baez dug himself a hole representing Casey, poke at that one all you want. When it comes to the holes in his personal life, that's a private matter and who are we to talk? He is not alone. No one is perfect. Remember, ab alio spectes alteri quod feceris! Memor tua rei.

Because his mortgage and foreclosure are a matter of public record, here they are for your inspection:

Mortgage

Lis Pendens

Mortgage Document

Casey Anthony has some visitors

Here are 8 pages of names of people who paid Casey a visit or two in jail. Of course, her lawyers are expected to be there, but who are the other people? Take a look and see what you can find.

This is the entire list from mid-October 2008 to last Saturday.

Anthony Offical-ATTY visits through July 24

It can also be viewed HERE.

This should give us lots to talk about.

Click to enlarge images

I don’t give a dime

The following images are pages 1 & 2 of Casey Anthony's 21 page Resident Account Summary courtesy of the Orange County Corrections Department, otherwise known as the jail, or if you are so inclined, 33rd Street. Actually, there's one I'm going to show you first:

Click on images to enlarge

Although it's a matter of public record, I blurred out most of the name and all of the address of the person who sent Casey $10.00. I see no reason to publicize it. I left her last name because it appears on page 1 of the following:

She is the last person to send Casey any money, and that was back on the 12th of June. If you look at page 2 below, you'll see two deposits made by George - $100 on June 5 and $50 on June 3. In letters released two months earlier, Casey wrote that her father may have sexually molested her. It probably took that much time for him to get around to read and discern them before he cut out her generous stipend. The last deposit made by Cindy was on May 11 for $115.

One thing you'll notice is a $1.50 Daily Subsistence Fee. The actual cost to sustain one inmate is $11.00 each day, but that doesn't include all of the overhead. In all, it's $80 - 85.00 per day if all costs are figured into it. The fluctuation is due to the number of inmates housed in the facility at any given time. Right now, the population is lower than normal, but that can change at any moment. Also, out of that $1.50, half goes straight to the county and the other half goes to the jail.

There are other charges, too. She is billed $5.00 for any and all prescriptions, for instance. All of these fees add up and they are subtracted from her balance. That explains why she is $41.51 in the hole. The jail charges everyone who sits in a cell, and eventually, they have to pay for doing business with Orange County.

One of the interesting things I learned dealt with all those letters sent to Casey that were recently released in discovery. When letters are mailed to inmates, jail personnel, of course, screen them for contraband and to make sure no one has any escape plans. The same thing is true with most outgoing correspondence. I wondered if mail addressed to Casey goes directly to her or her attorney to decide what gets through. Let's just say Jose isn't the most popular lawyer at the jail. All mail is sent directly to her, but like I said, they are screened. This means some of them go through internal affairs and other investigators for analysis before they are delivered. Whether she opens and reads them or not is solely her decision to make. I am aware of letters that were not released with the others during discovery, and it's most likely due to being part of an open investigation, meaning they weren't passed on to her yet.

Some county jails are run by the sheriff's office. This one isn't. Its operated by the county. Although authorized to carry weapons, the corrections officers cannot make an arrest like a sheriff's deputy or police officer. Because the jail is on county property, OCSO must be called in when trouble arises. However, just like you and me, personnel can make citizen's arrests.

Following is a link to the entire 21 page document in PDF form. It can also be found HERE. You can see the names of donors and all other money added and subtracted since October 18, 2008. If more money comes in, part of it will be deducted to pay costs. Take a look at them and see if you recognize any names. Meanwhile, I have one more document from the jail to show you, and that will be coming up next.

Anthony Account Ledger as of 7-22-2010

Here is the Supplemental Motion for Protective Order Regarding a Telephone Recording of Robin Lunceford. It should make for an interesting discussion. Will Judge Perry release it or will he honor Jose Baez's request?

Foot-in-mouth disease

Motion to Quash The Court's Order on Defendant's Application For Subpoena Duces Tecum For the documents in the Possession of Texas Equusearch Based on Bad Faith

On June 22, I wrote this:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Last night, the Orlando Sentinel reported that Mark NeJame, the attorney representing Texas EquuSearch, argued that the defense team had "earlier opportunities to review Texas EquuSearch records, as directed under court orders, but failed to follow through."

"The defense is clearly operating under bad faith and looking to harass the volunteers," he stated in a motion filed yesterday to invalidate an earlier court order regarding the issue. In this new motion, NeJame noted that Mason stated publicly last month that the area where Caylee's remains were found "was impassible at the time." This is precisely my argument today as it was a month ago.

Let me reiterate what Mason declared last month: "They did not search the exact areas where the body was found. So everything they said before that is not relevant." The 'they' in this case is Texas EquuSearch and its teams of volunteer searchers.

Because of Mason's statement, NeJame threw it back in the defense's face, "It is patently obvious and apparent that the defense knows the conditions of the area, and that they are no longer in need of the names of any searchers to verify this information."

According to the Sentinel report, NeJame further suggested "the defense 'is filing these motions, requesting irrelevant documents all to create seemingly bogus appellate issues that do not exist.' He calls the pursuit of the records 'a ploy to harass volunteers of TES who donated their free time to search for the remains of the innocent Caylee Anthony.'"

I couldn't agree with Mark NeJame more. Not to dismiss or make a mockery of Casey's defense team's request, but if TES searchers never stepped into the flooded woods, which Mason acknowledged no one did, what's the point of interviewing any more searchers? Why seek out anyone who wasn't there to begin with?

Cheney Mason defended astronaut Lisa Nowak. If I told him that John Glenn never set foot on the moon, would he want to interview him anyway? Would he expect Glenn to have knowledge of what gravity feels like on the lunar surface? Would he have learned something incriminating from his fellow astronauts - that the moon is made of Swiss cheese? If none of that made any sense, that's precisely my point.

Anticipating such a bad faith motion as the one filed by NeJame yesterday, Judge Perry announced in court last Thursday, and wrote in his order, that a new hearing would have to be set to present arguments from both sides. I didn't think a visit to NeJame's office by Casey's defense would be an easy stroll in the park. I get the distinct impression that he and Mason have never been colleagues or friends. No love will be lost as this spills out and into the awaiting hands of a thirsty public. Meanwhile, did someone stick their foot in their mouth or was last month's statement meant to be taken tongue-in-cheek? Either way, this one is full of holes.

Speaking of holes, on a final note, records from the Orange County Corrections Department show Casey's jail account is $41.51 in the hole as of yesterday. George stopped adding funds after she insinuated that he may have sexually molested her. I don't blame him one tiny bit.

Debbie Does Defense

When Cindy Anthony stepped down from the witness stand inside courtroom 23, the room fell silent. While she walked back to her seat in the gallery, the judge asked the defense if it had any more witnesses. This was supposed to be Debbie Polisano's time to take the stand, since she missed the first call, but she was still absent. She was Cindy's supervisor at Gentiva. Judge Perry asked the defense what time the subpoena stated to be available and Jose said 2:00 PM. It was now 3:48. Instead of becoming angered, the judge allowed Lee to take the stand. A deputy went out and called him in.

As Cindy sat down in her chair, Mallory gave her a very loving kiss on the lips while embracing her and offering much-needed support as she quietly whispered in her ear. Cindy was visibly shaking and in tears. Her face was somewhat red. These were real emotions. This was not something any mother - any grandmother - would want to experience to begin with, let alone relive. Silently, I watched her despair, taking notes on paper and in my head, trying to understand what must have bounced around in her brain like a roller coaster ready to jump the tracks. No matter what, as human beings, we must admit that this is not a ride any of us would wish for; one she will tell again and again in her mind and in the courtroom. Needless to say, I don't envy her or anyone in her family. It is a ride to hell.

I took note of George's straight ahead gaze, one completely void of emotion. It was one that spoke volumes about a man who didn't want a part of this theater. I can't say why he seemed so distant, but everyone seems to know; the letters his own daughter wrote that implicated him and his son of some strange sort of sexually perverse behavior, the differences of opinions within his family and some of his friends over this entire mess, and God knows what else. The list may be long, but all I realized, as I sat there, was that these people didn't deserve any of this. No, not at all. No one does.

Lee sat on the stand testifying in his own inimitable style. He has a tendency to laugh when the need arises. I don't know if it's a nervous thing or whether it hits him when he feels like someone is backing him into a corner. It could be his way of remaining uplifted during times when he should be down. Some may think it's quirky, and I would find it most difficult to conjure up if my sister sat in the hot seat, facing a possible penalty of death, but that's me. To him, it's quite possibly a mechanism that helps him cope; helps him get through some, otherwise, very tough times.

He spoke of his arrival at the house, after his father called him on the phone and asked to go home because he felt his mother would need his support. That showed me the concern of a parent. Something was wrong, alright, but I don't doubt that no one knew what would be in store. Caylee wasn't considered missing at the time. To George, Caylee AND Casey were nowhere to be found. Did Cindy ever alert him to the fact that their daughter always had excuses for not putting Caylee on the phone? She's napping. She's at Disney. SeaWorld. If anyone thinks the nanny story was weaved during the third 911 call, Richard Grund was told of her "existence" long before. He told OCSO Corporal Yuri Melich in September of 2008 that Casey had brought up Zenaida Gonzalez sometime between March - May of 2006. (See: Richard Grund Interview)

Lee testified that when he got to the house, no one was to be found. Later, Cindy and Casey came home and the two of them were far from smiling. Cindy was quite frustrated. Where is Caylee? What is wrong with you? She was getting nowhere fast, so she asked him to talk to her. He took over and tried to elicit information, to no avail, so he decided to take a different approach. In a "last-ditch effort" before law enforcement would come to the house to question her, he wanted to know why they couldn't go get Caylee. Plain and simple. End of story. We go get her and call it a night. That's when she blurted out that she hadn't seen her daughter in 31 days, but I seriously doubt she was counting. Up until the moment Cindy found Casey at Tony Lazzaro's apartment, guess who was out partying every night, way too busy to remember days of the week, let alone worry about her daughter's whereabouts? She knew right where she was.

At 4:20 PM, a half hour after he began, Lee Anthony was excused by Judge Perry. He then asked the defense if their next witness had arrived. It took a minute or two before Debbie Polisano was found and brought in. She seemed to me to be a rather reluctant witness, since it was approaching 4:30, and to be well over two hours late to a court hearing is something most people don't think of doing. After her testimony, it became more of a "what was this defense thinking" by the line of questioning. This was Cheney Mason's witness to collect information that would be positive. When he asked her how it started, she told him Cindy needed to take care of family matters after her husband called. She said she needed to do that, to go home and pick up the car.

He asked her if she had a conversation with Cindy when she returned. Yes. Do you recall what she told you? Yes. "That they both (George and Cindy) found the car at an impound lot, that it had been there for a while, that she didn't know, she wasn't able to get hold of Casey, and the car seat and the baby's doll and the backpack were in the car."

"Did she tell you anything else?"

"She told me there was a terrible, terrible odor in the car."

"I'm sorry?"

"She told me there was a terrible odor in the car."

This is where Cheney Mason should have stopped asking questions. Instead, he continued and the damage went from bad to worse. "Did she say anything that, uh, that her husband George had said to her?"

"I asked her if she had opened the trunk and she didn't answer, and then................................ she said that, that she felt that it smelled like a dead body."

"Did she tell you that's what George told her?" And this latest revelation of the defense now investigating George becomes more clear. Is he to blame? Is he someone worth discrediting? Should the defense throw him under the bus with the rest of us?

"That George told her?"

"Yes, her husband, George." The latest target.

"I know................................ She didn't say George told her. She said they both knew that."

"I'm sorry, she what?"

"She didn't say George told her that."

"Yes?"

"She just said that they both knew that."

There you have it. The shape of things to come. Damning testimony. Mason later stated in his argument that Cindy had a long time for reflection before she made the 911 calls, because she went back to work and had to be told by her superior and her superior's superior to go home. He said that Cindy still talks like Caylee is alive today. In the end, it mattered not what Mason or Baez had to say. The judge ruled that the tapes were admissible at trial because the defendant will have an opportunity to cross-examine the witness who made the statements during those calls. They were not hearsay. They were excited utterances made by a desperate woman who wanted nothing more at that time than to hold her grandchild again, her grandchild who was now missing. When she handed Casey the phone, it was the first time she spun her web of lies to law enforcement. What she was so good at doing, or so she thought, could not convince detectives that she'd go get her daughter the next morning. Sadly, a part of Cindy is still waiting for the tomorrow that will never come.

When Debbie Polisano was officially excused, she walked to the gate that separates the court from the gallery. I watched her like a hawk because I wanted to see if there would be any exchange between her and her former employee. I saw none. As she opened the gate to walk through, she turned away from the Anthonys, almost as if it was purposely done that way as some sort of personal affront. As she walked toward the doors, she stared straight forward, and I got the distinct impression that there was some sort of parting of ways somewhere along the pike. Of course, I could be reading more into it than necessary. She might have been nervous, but once again, there was a silence that befell the courtroom, and I looked at this day as an eerie omen of things to come. While both defense attorneys had their moments, they fell well short of convincing the judge that they based their claims on case law. Before the second break, the state proffered an example of case law. Judge Perry was well aware of it. At that moment, I knew how the judge was going to rule. He did his homework.

♦

During the second break, I had the opportunity to talk to Cheney Mason about that particular case law that Burdick and the judge mentioned, something called Lurch v. State. I suggested, because Judge Perry had familiarized himself with the case, he already made his decision and it wasn't favorable for the defense. I told him he did a good job in there. He just said, "We'll see," and he walked back into the courtroom. My intent was not to irritate him at all and it didn't. It was just a commentary. Seconds later, I ran into Jeff Ashton. I asked him why he was late. Not so much why he was late, I explained, but was it the plan all along to have Linda question Cindy because her tone might sound less intimidating? He said, absolutely not! That was how it panned out. It could have been either of them, or Frank George, I suppose. There was never a plan like that. There never is, he said. It doesn't work that way. I thanked him and returned to the courtroom. There was still a lot of work to be done. The OBJECTION TO RELEASE OF DOCUMENTS RELATED TO INTENDED DEFENSE REVIEW OF EVIDENCE was still on the docket du jour. The defense was granted that one. What those experts were doing in town last week is considered work product. In the end, it wasn't a fiasco for the defense, but those recordings are not going to help at trial. Neither is Debbie Polisano.

On a final note, Fusian Ultra Lounge, Casey's old stomping grounds, is no more. In it's place is Fifty Brews Bar and Grill. The initial count has them pegged at 74 beers.

“I still think Caylee’s alive."

I decided to leave the house early yesterday because this hearing was going to be a real doozie. We had Mark NeJame representing Texas EquuSearch, and testimony from Cindy and Lee. As Bob Kealing from WESH reported days earlier, it was the first time in over a year that the Anthony family would be in the same place at the same time. George was there to lend his support.

When I arrived at the courthouse, around 1:00 PM, I ran into Bob. We discussed the case and rode up the elevator together, along with his camera operator and several other people. Also accompanying Bob was an intern from UNCW. He finishes his internship soon, so it was good that he got to go to a very important hearing. I pretty much hung around with that crowd and had a good chat with other reporters and Red Huber, the award winning photographer with theOrlando Sentinel. I also had a very good conversation with a certain court administrator who set my mind at ease over false allegations made against me. I'll leave it at that, but needless to say, no one was able to frighten me into staying away from the courthouse, and no one was on the lookout for a fictitious "gun-toting impersonator of the law" with a beautiful bald head.

It was around 1:30 when a deputy opened the courtroom doors and and called out to all media people. I was invited in with the others. Soon, Jose Baez and Cheney Mason entered and began to settle into their stations. Jose nodded and greeted some of the reporters and then waved to me, saying, "Hello, Dave."

Of course, I returned the gesture.

Moments later, Cindy and George entered with Brad Conway. I was in the second row and Cindy called me by name and asked if I would mind moving back a row. Of course, I didn't mind. No matter what, testifying in court is never a fun thing and I certainly wanted her to be as comfortable as possible.

After about 5 minutes, the door was opened to the public and everyone filed in. I had arrived early because of the crowd I anticipated. The courtroom and gallery soon filled up with spectators, and many went up the stairs to the balcony. I chose to sit behind the defense because I was with a media friend who sat there, and also for another very good reason. I wanted to be up close and personal to the most important people there, aside from Casey and all of the attorneys, meaning prosecution and defense. Besides, I see nothing wrong with sitting wherever I choose, whether anyone likes it or not, and in order to get the feel and mood of people, what better way than being near? I have never been one to believe that the side one sits on in a courtroom is the stand one takes, and as a writer, I need to approach a story from all angles, not just one.

I wondered where Lee was and, presto, just like that, there he was. He shuffled into the row with his girlfriend, Mallory, in the lead. After they both hugged George and Cindy he took a seat next to his mother, with Mallory to his right, directly in front of me. No matter what people may think, I found her to be a fresh-face in the courtroom. By that, I mean she had a clean and wholesome All-American look.

At 1:53, Casey entered the room. Seven minutes later, like clockwork, Chief Judge Belvin Perry walked in and took his seat behind the bench. The first issue of the day dealt with the reconsideration of a prior ruling made by Judge Strickland pertaining to Texas EquuSearch records. Judge Perry announced that both sides would have 5 minutes to address the issue. Within seconds, Baez asked for and was granted a sidebar with the judge, NeJame, Mason and Linda Drane Burdick. Jeff Ashton was not present at this time. 12 minutes later, the sidebar broke up, the attorneys walked back to their respective stations and the judge announced that Mr. Baez had withdrawn the TES motion. He said that the defense could inspect the documents again, they could take notes, and a special magistrate, Jim Glatt, would oversee the task. There would be no deadline, but he expected it to be done by some time next week, and a hearing would be set thereafter. With that, NeJame was excused and the court moved to the next motion, the 911 calls made by Cindy precisely two years earlier.

On May 10 of this year, the court asked for a response to an order regarding the theory of admissibility of those 911 calls. Yesterday, Linda Drane Burdick opened the issue by saying it should be treated like a motion in limine or else go to trial and file an objection of admissibility at that time, which would delay the trial. To give you an idea of the complexity, we must first understand this motion in limine. It's a motion used by attorneys in civil or criminal cases to preclude prejudicial or objectionable evidence before it is seen or heard by a jury. The primary advantage of the in limine motion is to avoid the futile attempt of trying to undo harm done where jurors have been exposed to damaging evidence, even where later stricken by the court.¹

There were three people set to testify, Cindy, Lee and Debbie Polisano, who was Cindy's supervisor at Gentiva, where she was a nurse. Lee had come with his erstwhile attorney, Tom Luka. Cindy was called to the stand first. Debbie Polisano was no where in sight. While sitting close to Cindy, I could plainly see she was very nervous. As she walked toward the witness box, Lee was asked to leave the courtroom and not discuss the case with anyone. This is a standard procedure and it eliminates the possibility of contriving the same or similar testimony given by the first witness.

Jose Baez asked the first questions. Mostly, the conversation centered on what transpired the day that led to the calls, from learning of the car at the tow yard to calling Casey with no response to finally finding her to frantically calling police. It was a nerve wracking day. She said that she took her lunch hour to pick the car up with George after he called to let her know. They met at the house. She took $500 with her. George never told her about the smell until they returned with Casey's car. He said he had to drive with the windows down because it was like something had died - like a dead body, in the car. George needed to go to work and Cindy took a few things out of the car to air out in the yard. She threw a pair of Casey's slacks in the washer and returned to work. She said that she didn't say anything to anyone at work about the smell of death, but did discuss the problem with her supervisor, Debbie Polisano, who was still nowhere to be found.

When she returned home around 6:00 PM, she took the slacks out of the washer and placed them in the dryer. She then went back to the car and again noticed the smell while removing dolls belonging to Caylee, and a bag. She put them in the back yard, too. This is when she found copies of Amy Huizenga's resumé. After calling Casey with no reply, she called Amy, who was at the Florida Mall. Meanwhile, George phoned Lee and asked him to go home to help his mother, as she attempted to locate his sister. Without going into all of the details, which we practically know by heart now, let's just go straight to the 911 calls. The first one came at 8:09 PM as Cindy pulled into Orlando PD's Southeast Community Police Office (SECPO) on Pershing Avenue. Unknown to her was that the office closed at 5:00 PM and it was now over three hours later. She told the dispatcher that Casey had stolen money and the car, but the car had been found. Casey sat next to her mother. Since it was not an emergency, she drove home and was instructed to call OCSO because it was out of Orlando's jurisdiction. This is because the Hopespring neighborhood off Chickasaw Trail is in an unincorporated area of the city and falls under county control.

Lee was waiting inside the house. The three of them conversed and during that time, Lee told his mother that he had smelled the car as he walked in the garage. The second 911 call was made around 8:44 PM, and Cindy testified that the dispatcher was lackadaisical about her claims and found it to be a non-urgent event. At this time, she was not aware that Caylee was missing. Meanwhile, Lee began talking to his sister about the situation. This is the conversation Cindy overheard that brought about the third 911 call at 9:41 PM. Casey hadn't seen her daughter in 31 days, she was abducted by a nanny named Zanny and Cindy was panicking fast.  Lee later testified that his mother pounded Casey's bed and screamed, "What have you done???!!!"

During this 911 call, Cindy testified yesterday that she did it out of desperation in order to force the police to arrive at the house faster. She said she had never smelled a decomposing body in a car before. Rotting and burned flesh, yes, but not from anyone expiring in a hospital or in the morgue, where bodies are refrigerated. She said she never put two and two together. She never felt that Caylee was the cause of the smell in the car.

When Linda Drane Burdick cross examined, she cited pages and sections from prior interviews; what she said during depositions with Corporals Eric Edwards and Yuri Melich, and FBI Special Agent Scott Bowen. Some of it didn't seem to line up with what she had just said. Suddenly, there were more instances of "I don't remember" than during the defense's more friendly engagement with her. She reiterated that she didn't connect Caylee with the smell. Burdick handed Cindy copies of the 911 transcripts in an attempt to refresh her memory and force her hand. (Jeff Ashton arrives at 3:13) Cindy knew that Casey had told Lee that they had to wait until the next day to pick up Caylee and this is when the 31 days came into the conversation that shocked Cindy. Burdick maintained that none of the three 911 calls were premeditated, particularly the last one, and that's what made it an excited utterance as opposed to hearsay. To make this clear, an excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. (See: Hearsay Exemptions if Witness is Able to Testify)

We took a 10 minute break at this time. While out in the hall talking to someone, Jose Baez passed by me on his way to the men's room. He patted me on my shoulder and I asked him one quick question. "Are you a baseball fan?"

"I LOVE IT!" he exclaimed, and continued on. It was just something I knew in my gut, it wasn't really important, but it does show he's got a life outside of this case.

When court resumed, Jose came back to rebut. Cindy made it clear that she wanted police to continue looking for a live Caylee, and that she made statements to law enforcement to force them to continue searching for her granddaughter. It was at this time she said, "I still think Caylee's alive."

A minute later, she was excused and Debbie Polisano was called. She was still not at the courthouse. The judge reminded the defense she was subpoenaed to testify and the subpoena stated 2:00 PM. Instead of getting angry, the judge shifted to Lee, who was outside awaiting his call. It was now 3:48 PM.

Here is where I will end it for the day. There's plenty more, but over the weekend, I want to explain more of the dynamics in the courtroom - family, attorney interactions and some of the people sitting in the gallery. I will also go more into why the 911 calls were allowed. There is something else. I have been saying all along that I felt Cindy was (and remains to this day) in denial. This is something that has been so difficult to absorb, I don't think any of us know how we would react if handed the same set of circumstances. Would any of us come out unscathed? I'm not making any excuses, but sitting where I did, I could see clearer than a TV screen, HD or not.

Leaving on a jet plane

Cause I'm leavin' on a jet plane
Don't know when I'll be back again

- John Denver

We've all heard the philosophical riddle, "If a tree falls in the forest and no one is around to hear it, does it make a sound?" This sort of conundrum raises questions regarding observation and knowledge of reality, with knowledge being a key word, because, at the same time, we can ask how we know the tree fell if no one was around to witness it. Suddenly, the philosophical riddle becomes more of a perplexing puzzle. That's the way I look at the latest motion filed by Casey's defense, the OBJECTION TO RELEASE OF DOCUMENTS RELATED TO INTENDED DEFENSE REVIEW OF EVIDENCE. If the media doesn't get a chance to fully question the experts about yesterday and today, do we know for sure that the Field of Dreamers actually examined the evidence? Without further digression, if we take a look at the motion itself, on the surface it may look ordinary, but it's not. To explain, let's start by looking at some of the key points noted in the document.

Page 1

5. This case is a criminal case that carries on in its investigation stages.

Of course it does. So does every other criminal case throughout the land. An investigation can continue until the bitter end, when the state and defense rest. So what's the point? What does that statement tell us the court doesn't already know? Nothing.

Page 2

6. The reviewing of documents and/or tangible evidence related thereto by the defense should not be publicized and disseminated by the news media. This is a case of the state of Florida versus Casey Anthony; this is not a case of the news media and John Q. Public.

Aha! It didn't take long to get to the meat of the motion. What the defense is saying, as Mr. Mason has stated in the past, it is no one's business. This is a capital murder case and the public doesn't have the right to know. Basically, the defense wants to muzzle the media. It's called a gag order. If the defense wishes to put a wall up between the court and the media, why not just file a motion to suppress, restricting information or comments from being made public? That's not what this motion is asking.

8. Defense submits that at some point this Court must recognize the superior rights and entitlements under Constitutional Amendments other than the First Amendment. The news media can report on any and all evidence or proceedings that occur in court at the time of trial.

To be real, this is like sequestering the entire court - prosecution and defense included. Keep the media away from everything until the trial is underway. While I can sympathize with the defense, it's too far fetched and completely unrealistic. This would mean locking the courtroom doors to everyone, because nothing would stop John Q. Public from running to the media as soon as a hearing is over. When I said sympathize, I can understand the frustration the defense feels from some of the reports filed by media outlets. They're not always accurate and they never admit their mistakes. At the same time, we do have a Constitution that protects freedom of speech, and Casey's defense cannot undo that. We also have an open Government in the Sunshine law in the state of Florida, which means government meetings and proceedings are accessible to the public, and the last time I checked, the court system is still a part of the government.

Here's a list of the Constitutional Amendments. Do any of them apply in the motion's argument?

• Amendment 1 - Freedom of Religion, Press, Expression
• Amendment 2 - Right to Bear Arms
• Amendment 3 - Quartering of Soldiers
• Amendment 4 - Search and Seizure
• Amendment 5 - Trial and Punishment, Compensation for Takings

Amendment 5 states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." Been there, done that.

• Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses

Casey's defense waived her Right to a Speedy Trial a long time ago.

• Amendment 7 - Trial by Jury in Civil Cases
• Amendment 8 - Cruel and Unusual Punishment
• Amendment 9 - Construction of Constitution
• Amendment 10 - Powers of the States and People
• Amendment 11 - Judicial Limits

"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." This one means that federal courts have the authority to hear cases in law and equity brought by private citizens against states. It has no bearing on Casey.

• Amendment 12 - Choosing the President, Vice President
• Amendment 13 - Slavery Abolished
• Amendment 14 - Citizenship Rights

"... nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Again, the last time I checked, Casey is still living proof that due process of law has not been deprived.

• Amendment 15 - Race No Bar to Vote
• Amendment 16 - Status of Income Tax Clarified
• Amendment 17 - Senators Elected by Popular Vote
• Amendment 18 - Liquor Abolished
• Amendment 19 - Women's Suffrage
• Amendment 20 - Presidential, Congressional Terms
• Amendment 21 - Amendment 18 Repealed
• Amendment 22 - Presidential Term Limits
• Amendment 23 - Presidential Vote for District of Columbia
• Amendment 24 - Poll Taxes Barred
• Amendment 25 - Presidential Disability and Succession
• Amendment 26 - Voting Age Set to 18 Years
• Amendment 27 - Limiting Changes to Congressional Pay

There's a brief summary of the amendments that could be associated with the motion, but I see none that usurp the First Amendment, which mandates that no law can abridge "the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Let's continue on Page 2

9. To allow the news media to continue to have what has turned out to be, in many instances, "first look" at evidence, publicize otherwise uninformed speculation and conclusions about the evidence, utilizing "talking head" lawyers who have neither the experience, knowledge, or predicates for their public comments, promises to continue to infuse this case with public bias, prejudice, misunderstanding, and error.

This one is bothersome. If I recall, OJ Simpson went on trial and we, the public, learned an awful lot from the media. The nation was still split over his guilt, and legal pundits didn't do much to change the outcome, did they? I'm sure, if you look at the "talking head" attorneys the motion notes, and let's just stick with the local ones, Richard Hornsby, Bill Sheaffer and John Jay would strongly disagree. They are experienced, knowledgeable, and qualified to make assertions in this case. As a matter of fact, if I were an attorney, I'd be downright offended. On the public front, people like to study and learn, George Orwell died long ago, 1984 came and went, and no one has the right to tell any of us what we can read, write, listen to, and see. And we are still free to make our own assumptions.

10. The news media is not going to be allowed to view or see any of the evidence to be inspected; they are not going to be allowed to observe the inspection; at best, they will be able to see the arrival and departure of counsel and witnesses, thus, any reporting about the process would be nothing but imaginative speculation, and purportedly could have no reasonable journalistic value.

This is an arguable point. We, most likely, have seen images and documents of the evidence. We just don't have a concise and itemized list yet of what the defense asked to see. Will we get to see the list? That's what this motion is about. Will the video of the inspection be revealed? That, too, is a matter for the court to decide. Media outlets say yes; the defense says no. We shall see. As for journalistic value, this entire case has been a study in it, and it will continue until the very end.

Page 3

11. Your undersigned submits that at some point a balancing of the First Amendment Rights to report must be had against the eminently more important rights of the defense to effective assistance of counsel, due process, and equal protection. The media will be able to observe all phases of the trial that are on the record and do their reporting from then.

WHEREFORE, the Defendant prays this Court consider the foregoing, exercise its inherent supervisory powers, and deny the release of the documents by which the defense and prosecution have agreed to be an evidence inspection.

I am of the opinion that this motion is J. Cheney Mason's all the way. What I read is precisely the way I hear him in the courtroom; the same mannerisms, the same innuendos, the same language. In fact, his signature on the motion sits atop Jose Baez's, which generally means it came out of his office. I understand the frustration of the defense. After all, every defense attorney must cope with the media, and in this case, publishing the list could tip the hat regarding strategy, but the most important part of keeping strategy under wraps is to deny the prosecution this information, not the media. With this knowledge, the media will inform the public more uniformly and with greater accuracy.

Let's backtrack to page 2

7. The news media have, generally, spent nearly the past two years reaping benefits of their own imagination and reporting of matters both accurate and grossly inaccurate. All of such actions have resulted in causing this case to have to bear the extraordinary expense of a change of venue and bringing jurors from an undisclosed location in this state to be sequestered throughout the trial proceedings.

The defense would be better served if media outlets continue to have access to public records regarding this and all cases. To challenge it means that we would be less accurate, as I said, and in all honesty and practicality, no one is going to stop writing about Casey Anthony until the end, whenever it may be. This is part of the American psyche and it will remain a part of history for centuries to come. In the meantime, nothing can take away our inherent thirst for knowledge.

This defense would also be better served if it stopped holding impromptu press conferences at the end of each hearing for one reason and one reason alone: How can it shut the press up while it continues to inform them? This is no ordinary juxtaposition, this is hypocrisy. The left hand is doing one thing while the right hand is doing the opposite. It's perplexing, to say the least.

There is nothing in this motion that cites case law. There are no valid arguments. This is a matter of state law, and the law is abundantly clear as written in the Florida Constitution. By filing this motion with the judge instead of through the Clerk of Courts office while the judge was on vacation, Cheney Mason knew exactly what he was doing. Anyone could have predicted it. In my opinion, it was nothing more than a stall tactic. Does the defense really expect to win this one? I don't think so, but it was a smart maneuver. What the motion gains is this: It gives the experts time to leave on jet planes before the media can come after them with precise questions. They'll be long gone before the receipts are released to the public. Gone, yes, but not forgotten. Speaking of which, how ironic is it that exactly two years from the date of those 911 calls, July 15, 2008, those same calls will be argued in court? As Judge Strickland wrote in his dismissal order, "Indeed. The irony is rich."

What dreams may come

Today is the day that Casey Anthony's Team of Dreamers rolls into town to inspect evidence the defense hand selected. Judge Belvin Perry had set a deadline date of last Thursday to give the prosecution and the Orange County Sheriff's Office their wish list of evidence it wants to see. Interestingly, B&M (Jose Baez and Cheney Mason) bypassed the Orange County Clerk of Courts and turned this list of receipts over to Judge Perry's office. The judge was on vacation last week and the defense must have been aware of that fact. What it expected to gain by the maneuver is somewhat of a mystery, but the odds on bet is on keeping the receipts away from public inspection. Both the prosecution and defense have until 4:00 PM today to file motions if they are opposed to the release. The chances the prosecution would file a motion like this are out of the park, and if the defense does, bet the farm league that this will be one more motion it loses. The list will become another part of the public record.

Let's take a look at the Team of Dreamers as they find their way to Orlando and the Orange County Sheriff's Office on west Colonial Drive. In honor of tonight's MLB All-Star Game, let's call them the Field of Dreamers who are coming to bat for Casey. Judge Perry will be the umpire.

Play Ball!

The SAOs have home field advantage. Part of the visiting team, the B&Ms, has arrived, and on first base, we have Dr. Henry Lee, the famed criminologist/pathologist who covered the bag during the OJ Simpson trial. According to his Web site profile, he is "Chief Emeritus of the Connecticut State Police, Founder and Professor of the Forensic Science Program at the University of New Haven, Editor of Seven Academic Journals, author/ co-author of 30 books and over 300 articles."

His biography states that, "Dr. Lee’s testimony figured prominently in the O. J. Simpson trial, and in convictions of the “Woodchipper” murderer as well as hundreds of other murder cases. Dr. Lee has assisted local and state police in their investigations of other famous crimes, such as the murder of Jon Benet Ramsey in Boulder, Colorado, the 1993 suicide of White House Counsel Vincent Foster, and the reinvestigation of the Kennedy assassination."¹

Playing second is Nicholas Petraco, an associate professor of chemistry and forensic science at John Jay College of Criminal Justice in New York City. Coincidentally, that's the same school where Dr. Lee earned his Bachelor of Science degree in Forensic Science way back in 1972. According to a fellow John Jay professor, Thomas Kubic, a co-author with Petraco on crime scene investigation books, the forensic expert has spent a lot of time in the NYPD's crime lab peering through microscopes and spectrophotometers to find fibers and trace evidence the human eye cannot detect. The former police detective is now "teaching physical chemistry I (classical equilibrium thermodynamics), physical chemistry II (quantum mechanics and theoretical spectroscopy), computational quantum chemistry and general introductory chemistry. Conducting research into the application of statistical pattern recognition to physical evidence in forensic science. Also conducting research on the application of quantum chemistry to forensically important molecules."² In other words, this man is no second-string ballplayer.

At third, we have Dr. Tim Huntington, an assistant professor at Concordia University, Nebraska, and a board-certified entomologist. I guess you could say that he should be playing in the outfield since his expertise is in going after fly balls, but as a forensic expert in the world series of bugs, he studies insects and other arthropod biology as they apply in criminal matters. Usually associated with death investigations, he may be able to establish Caylee's time of death - from a defense standpoint - and whether any drugs or poisons were present. He may add evidence regarding whether any post-mortem movement occurred. This is very important.

According to his Concordia Bio, "Professor Huntington is one of 15 board certified forensic entomologists, and is a forensic entomology consultant for several law enforcement agencies. He has consulted on more than fifty death investigations spanning seven states and four countries, and is a member of the American Board of Forensic Entomology, American Academy of Forensic Sciences, Entomological Society of America, North American Forensic Entomology Association, and Nebraska Chapter of the International Association for Identification. In 2007 he was awarded the Young Alumnus of the Year Award by Concordia."³

Playing shortstop is a tag team of Dutch forensic scientists,Richard and Selma Eikelenboom, who are well-known for pioneering the field of Touch DNA. Touch DNA was so named because it analyzes microscopic skin cells left when an assailant touches a victim, a weapon, or something else found at a crime scene. It's been around for about seven years and it was the technology that cleared JonBenet Ramsey's family of her murder. Boulder police had wrongly suspected her parents. The Eikelenbooms identified full DNA profiles from parts of her clothing where the perpetrator grabbed hold of her. In another crime, with Richard and Selma's help, Touch DNA was crucial in having the murder conviction of Tim Masters thrown out. Masters became the first convict in Colorado to be exonerated due to DNA evidence, but it was actually the absence of his DNA on the victim's body that cleared him. (See also:48 Hours: Drawn to Murder)

Well, there you have it. Here's part of the line-up for the thrilling game that will be underway next season. In the field of forensics, these four came with one intent - to strike the state out. On the mound is team captain, Jose Baez. Catching is the guy with bad knees, Mr. Cheney Mason, himself. The rest of the field will follow. Until then, is this really a Dream Team, or are they playing out in left field somewhere?

♦

In Memory Of New York Yankees Owner

George Steinbrenner

July 4, 1930 – July 13, 2010

GO YANKEES!

Frink on Crime

Norman W. Frink is the Chief Deputy District Attorney of Multnomah County, Oregon. In a letter released yesterday that he had written to the circuit judge two days earlier, he said "the... Major Crimes Team could no longer stand by its assertion in my affidavit of July 2 that unsealing the sealed matters before you would undermine our on-going criminal investigation." With that, Circuit Court Judge Keith Meisenheimer opened the floodgates and released several documents pertaining to Kaine Horman, Petitioner, and Terri Moulton Horman, Respondent.

All court documents were filed on June 28.

First up is the RESTRAINING ORDER TO PREVENT ABUSE, sanctioned by the state Family Abuse Prevention Act. This one prevents Terri from making any contact with the Petitioner, her husband. This means business. If she attempts to contact Kaine in any manner, she will, most likely, go to jail. This means everywhere in the country, not just the state.

It was ordered that:

Respondent is restrained (prohibited) from intimidating, molesting, interfering with or menacing, or attempting to intimidate, molest, interfere, menace, the minor child/ren inPetitioner's custody directly or through third parties.

Respondent is restrained (prohibited) from intimidating, molesting, interfering with or menacing, or attempting to intimidate, molest, interfere, or menace, the minor child/ren in Petetioner's custody directly or through third parties.

Except as otherwise set out in this Order, Respondent is restrained (prohibited) from entering or attempting to enter, or remain in, the area within 150 feet of the building and land at the following locations:

The locations included Kaine's employer, Intel, and the gym where he works out. Terri is still living at the property he owns.

Respondent shall not knowingly be or stay within 500 feet... of Petitioner unless otherwise ordered by the court.

Terri is allowed to appear at court hearings and at those meetings, she must stay at least 10 feet away from Kaine.

Except as otherwise set out in this Order, Respondent is restrained (prohibited) from:

Contacting, or attempting to contact, Petitioner in person directly or through third parties.

Contacting, or attempting to contact, Petitioner by mail or e-mail, or any other electronic transmission, except for mailing court-ordered emergency monetary assistance, checks or money orders directly or through third parties,

Contacting, or attempting to contact, Petitioner bytelephone, including cell phone or text messaging directly or through third parties.

Respondent is restrained (prohibited) from entering, or attempting to enter, or remain at:

The child/ren's current or future day care provider, or removing them from daycare.

The child/ren's current or future school, or removing them from school.

Terri is not allowed to purchase or possess any firearms or ammunition, too. Kaine was awarded temporary custody of their 18-month-old daughter, Kiara Ariel, and Terri was given NO parenting time. If this sounds harsh, consider the next PETITION FOR RESTRAINING ORDER TO PREVENT ABUSE...

Kaine wrote that, "I believe Respondent is involved in the disappearance of my son Kyron who has been missing since June 4, 2010. I also recently learned that Respondent attempted to hire someone to murder me. The police have provided me with probable cause to believe the above two statements to be true."

Throughout the motion, he wrote that he was in imminent danger because,"Respondent attempted to hire someone to murder me." He and his daughter are staying at an undisclosed location.

He also filed a FAMILY LAW NOTICE OF NONDISCLOSURE OF CONFIDENTIAL INFORMATION FORM. Kaine filed an ex parte order that this CIF information not be made available to anyone else, including their attorney because a restraining order was in effect that protected Kaine from the opposing party, which, in this case, is Terri. We should remember ex parte motions from the Casey Anthony case. It is a situation where a request is made in which only one party (and not the adversary) appears before a judge.

The final document filed is the one that is rather interesting. The others were straight and to the point, but this one is asking for a special dispensation.

AFFIDAVIT OF COUNSEL RE: EX PARTE MOTION AND ORDER TO RESTRICT ACCESS TO FILE

The search for Kyron and the alleged murder plot are still open investigations. Of course, law enforcement had to know every detail of Kaine and Terri's lives, and it looks to me like there are some things that should remain behind closed doors, so to speak.

Laura E. Rackner is Kaine's attorney. She states that both litigants, Kaine and Terri, have a high profile existence, which they do now, and family relations which garner media attention. That sure is true today. Here's where it gets tricky:

The disclosure of information pertaining to the parties' family information and other matters involved in this proceeding [ongoing criminal investigation] will make the parties the target of further media and public scrutiny. The disclosure of this information will be detrimental to the petitioner and his privacy rights, and could affect the interests and privacy rights of other family members.

Those two sentences imply a lot, but it doesn't stop there:

The information contained in the pleadings filed with the Court may be potentially embarrassing for the parties or for family members. It is likely that if public access to this file is allowed, this information will be disseminated in the media.

Well, well, what could this be all about?

This is a private family matter that should not be disseminated by the press and there is no public policy served by allowing public access to these records. Such access may be embarrassing to the parties, damaging to the family, and disruptive to the Court proceedings.

This Motion to Restrict Access to Court File says a lot, even by saying nothing at all. In earlier comments on another thread pertaining to this case, we discussed matters of privacy and how we project ourselves in public. The id is part of the psychic apparatus defined in Sigmund Freud's model of the human psyche. According to Freud, the id is the set of uncoordinated instinctual trends. The ego is the organized, realistic part, and the super-ego plays the role of moralizing.

We have different personae depending on how comfortable we are with people. This is called the "I" person and the "me" person. When we meet someone for the first time, we tend to be on our best behavior. That is the "I" personality. If we continue to see that person, over time, we become more comfortable and less restrictive. We open up. That's the "me" part. A man would, most likely, never belch on a first date, but he would down the road as he becomes more relaxed. What this illustrates are different levels of comfort. Everyone has rules regarding what they are willing to do and where they draw the line and they constantly change over time; be it style, politics, religion, and most certainly, private matters. As they grow together, they learn to adapt, and what was once unacceptable may become a norm. For example, a lifelong Baptist could one day embrace the Catholic faith because his mate wants him to convert. The same holds true in most walks of life, and we all have our own sets of mores that we constantly adjust.

What happens when this includes other areas of our lives, like what we do in the bedroom? There is probably nothing more embarrassing than for someone or something to open up our hamper of sexual behavior, dirty in the sense that what may be good for some geese might not be acceptable for others to take a gander at. Shocking! Rumors have been rampant regarding matters of what was going on behind the doors of certain households and private clubs around Portland, Oregon. Is it important that we find out? No, of course not, but part of that human psyche involves peeling away the curtains and poking around our neighborhoods, and with the advent of the Internet, the world is now our neighborhood. Humans are a curious lot and always ready for gossip. Just what is Kaine's attorney asking to keep private? No one will say at the moment, but a buzz is in the air. Will we find out? Most likely, yes, because of our curious proclivities and also because Terri's defense may want to use it against her estranged husband - to take away his innocence and place him on an even playing field in court. Why? People don't like to be backed into corners, and that might be the way she feels right now.

That doesn't mean we need to ask, because we might not like what we see. Personally, I'd rather leave the investigation in the capable hands of the Multnomah County Major Crimes Team. Let them come out swinging.

Lyon Down

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

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

- Cheney Mason

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

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

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

♦

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

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

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

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

♦

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

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

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