A lot of lawyering, a lot of frustration

I arrived at the courthouse about a half hour early, early enough to breeze through security and go up to the 23rd floor. That afforded me ample time to have a good conversation with one of the senior reporters covering this story before others arrived. We talked about several issues related to the case, and one of the topics dealt with journalists and bloggers. There are a lot of crazy nuts out there, this person said, and because of where he and other media people work, be it a newspaper, network or local TV, cable or radio, there is a shield that protects them from harassment and stalking. Not so with bloggers. Bloggers are out in the open and ripe for attack, especially if they identify themselves like I have. In this, there’s no envy; instead, it’s more like a bit of empathy and compassion. Earlier this week, a letter was received by the court via U.S. Mail that attacked this blogger and the media folks were aware of it; some, but not all. It’s safe to say it went absolutely nowhere except the file that holds all correspondence related to this case, such as the letter from Joy Wray sent to Judge Stan Strickland before the nut jobs came out en masse. Fortunately, media people recognize when something is newsworthy, when it’s junk, and when to never give psychos their day in the sun. That letter came straight from a psycho; too cowardly to sign a name, let alone a real one, as if it would have mattered in the least. This is the type of correspondence that never makes its way to a judge. Instead, it collects dust in perpetuity.

Red Huber walked in and sat down in a chair. There are sofas and chairs outside the courtroom, more so on the 23rd floor, for people to relax before or after court proceedings. Sometimes, attorneys are interviewed there. I asked Red about cameras in the courtroom. He said he was the official photographer in the media pool, meaning that he is the only person who has a hand-held still camera. It’s quite a fancy one, I might add, but he is an incredible professional. I asked him about cell phones. He told me he caught an unnamed TV journalist holding up an iPhone (or something similar) while a hearing was in progress. He called on a deputy and the deputy warned the person that if something like that ever happened again, they would be barred from the courthouse. Red Huber is very proud of his work, and rightfully so. Imagine a low-res cell phone image plastered on a station’s Web site. That would have gotten the network affiliate in a bit of hot water because it’s not something Red would ever take credit for.

The media folks were called to file into the courtroom and as we did, the reporter said blogs are becoming more interesting and pertinent, and he makes it a point to read them, including mine. It’s part of the job now. That was encouraging.

We entered the courtroom before any of the attorneys, so when they meandered in, all at once, we said our hellos to both the prosecution and defense. I had a good feeling that Ann Finnell would make her debut and she did. I think it’s important to remember that the opposing sides seem to only be that way in the courtroom, not that they do an awful lot of socializing together outside, but I sensed a more relaxed attitude and an almost warmth that dissolved once the sides took to their stations and donned their battle gear, which was nothing more than notebooks and pens. Oh yes, this is the 21st century and I know Jose has an iPad. One of the first things I noticed was that video monitors all around the courtroom were turned on for a change. That was great because it afforded us a good view of the proceedings. In some of the video footage you got to view, you probably saw some of us looking up. That’s why. They were hung above us. We could actually see the faces for a change.

When Casey walked in, flanked by officers of the court, she was noticeably thinner. Her hair was pulled back tightly in a bun and she seemed to have a sad, blank stare, from what I could see before she sat down and faced forward. Within a minute, George and Cindy shuffled in and took their seats in the second row. Their attorney, Mark Lippman, sat directly in front of me. Cindy wore a burgundy colored blouse that complemented George’s lavender colored shirt.

Chief Judge Belvin Perry, Jr. arrived on schedule, although I was a bit disappointed he was 4 minutes early. Oh well, my late Grandfather Landis was always punctual, and like him, sometimes early. God knows, I’d rather be early than late.

The judge wasted no time getting the hearing under way. The first order of business was the MOTION FOR RECONSIDERATION. Jose stood and walked to the podium. This is a motion Casey’s defense has fought for more than once, and it’s been shot down each time. Today was no exception, but I sensed a little more desperation in Jose’s voice. It was either that or a combination of frustration and exasperation. Personally, I don’t care what Casey eats from the commissary. I don’t fret over her personal mail and phone records, but inquisitive minds want to know, and because it’s the law, there’s no bending it - or in this case, Bent, as in Bent v. Sun Sentinel. Jail records are under the control of the legislative branch, not judicial. This time, Jose spent the brunt of his argument on mail from family, friends and strangers. He cited the case of the city of Clearwater (City of Clearwater, 863 So. 2d at 154) where it was deemed that private e-mails stored on a government computer are not automatically public record. In other words, private documents are not necessarily public record by virtue of their placement on an agency-owned computer.

OK, fine, but there’s more to it. When the attorney for Orange County Corrections got up to speak, she stated that she was merely there looking for clarification; that the county had no real dog in the fight, but she saw a problem. Here is where I have seen the defense go in the past, and it’s one of the reasons why some of the motions are lost, in my opinion. The county objected to the mail issue because the motion didn’t request it.

The Orlando Sentinel attorney then took center stage. One of the questions I posed to Red Huber before the hearing began was about this motion. I asked him if this was pooled, too, so all media outlets would share in the costs of any and all proceedings. He said, no, this is solely the Sentinel’s job. The attorney reminded the Honorable Judge of his ORDER DENYING MOTION TO SEAL JAIL VISITATION LOG RECORDS, back on June 7. There, the judge wrote:

The Court agrees with the County that a criminal defendant’s desire to “maintain the confidentiality of visitors” in a high profile case does not qualify as a lawful exemption. As mentioned supra, the Defendant’s Motion does not provide any statutory exemption or legal authority for the Court to “seal” documents that constitute public records.

Instead, the counsel for the defense entreats the Court to judicially create an exemption in this case. The Court is unable to acquiesce. Any exemption from the Florida Public Records Act must originate in the legislature and not by judicial decision.

Friday, Judge Perry took the Bent decision into consideration, but he only denied the Motion for Reconsideration at this time, and those were his precise words, which leads me to think the door is not completely closed. There is no doubt the Bent issue will be argued for years to come, but he did settle the matter of audio recordings. He said he will treat Bent as if it is final. In other words, audio recordings will remain under wraps. All other jail correspondence will be accessible to the public. So it shall be written, so it shall be done.

§

The judge brought up the JAC motion and Ann Finnell stood up and walked over to the podium. She is a rather stately woman, but not statuesque by any means. In my opinion, she appeared to be a quintessential professional, and she was. She had a certain elegance and a homey warmth about her, if that makes any sense. She looked like she would be a wonderful mother, aunt and grandmother, although I know nothing about her personal life. Well, hardly anything.

It was during this back and forth the judge became most animated, although he didn’t direct it at Finnell, in particular. It was the entire defense, but that’s because the course of the conversation really opened up into other areas, such as TES, which had nothing to do with her. Jose and Cheney piped in and it seemed to frustrate her a little. She made it clear she was not involved at all in TES documents at one point, but prior to the confusion, Judge Perry asked her about the 384 hours the court approved for Jeanene Barrett. She said that at least a half to a third of those hours had been exhausted. She said she needed at least another 100 hours. The judge said he wants to first see how the hours had been utilized before giving her more.

He asked her about the 300 hours given for private investigators. This is when Jose responded. He said he needed an additional 300 hours. The judge said he realized some of those hours will remain under seal, but where did they go? Jose said that many TES searchers didn’t want to get involved. The judge was pretty clear about all those searchers. The defense is not to go on some sort of fishing expedition. “You’re not to go drilling for oil when there’s no sign of oil anywhere.”

The majority of searchers were nowhere near the remains. He said he had provided them a special master. They were given the right to read the records and take notes. Jose said the defense had made over 1,000 phone calls and talked to 150 who were in the area. The “area” was confusing because there was no clear definition of what constituted the Suburban Drive vicinity. Cheney Mason said a lot of searchers looked on their own; that they had uncovered people from leads and some people who did not report everything to TES. Even so, some TES records were not clear. He questioned whether Texas EquuSearch kept bad records or whether they hid info on purpose? Here is where the judge made his succinct statement du jour:

“I am not going to write an open check. I am just not.”

Ann may have been rightly frustrated because it was at this point she said her motion was not about TES. It was about mitigation, such as medical history and school records. The judge interjected. “Miss Finnell, I’ve done a few capital cases.”

He turned to Cheney and asked him if he was planning on sticking around for the penalty phase, if Casey’s convicted. Cheney nodded and said yes.

Throughout this exchange, I looked up at the monitor to see the looks on the attorneys faces and that of Casey. Quite clearly, she was shaken. This was, shall I say, a bit more vibrant and enlightening and here she was in the thick of it. Sticking around for the penalty phase. Oh my. She seemed distressed to a certain degree. We’re coming to the end of the year and May is on its way. Time is running out.

When the dust settled, the new attorney continued. She made more requests, and in the end, Judge Perry approved some things and denied others. Her travel expenses from Jacksonville will not be covered. If she wants to send an investigator to Ohio, try phone calls first. There are investigators in that state that will work at JAC rates and not have to fly from Orlando or anywhere else. For each request, he wants to know the reason why he needs to spend taxpayers’ money. He said he’d be happy to take ex parte material into consideration and under seal. (Ex parte is generally a judge meeting with one party and not the adversary.)

The JAC attorney got up and rebutted. He said that the penalty phase funds may be premature at this time, but the judge disagreed. In the matter of capital cases, the cart comes before the horse, he said. With regard to psychiatric evaluation, he awarded $2,500 at this time. He said the standard exam may not be enough at the JAC rate. He approved $500 for copies and an additional 60 hours, or$2,400, for a private investigator. Most of all, he said he remains open for more expenditures, but he needs to know where all the money is going now and where it’s been going.

In several instances, I noticed that the defense does not come prepared. The judge asked how much money was spent on public records, for instance, and Jose didn’t know. At some point, he said something that caused a stir in the gallery. Sitting on the other side, someone roared in laughter. Jose turned to look, but the person was quickly silent and lost in the crowd. In my opinion, this was very rude. This is a murder case and not a joke, no matter what that narcissistic person thought of him. No one should ever laugh in a courtroom unless the judge prompts it. The murder of a child is a very serious matter. To be honest, I felt a little for Baez. The day wasn’t going his way and he told the court of the endless, almost thankless, hours the entire defense has been working. It was their life, and he was emotional about it. It did lighten up, though, however brief.

Judge Perry granted Linda Kenney Baden’s request to withdraw from the case, but not before he asked if there were any objections.

“I liked working with her,” Jeff Ashton exclaimed.

“Pardon?” Judge Perry asked.

“I liked working with her,” Ashton repeated. That brought out a few light chuckles, but here it was a lighthearted statement and the laughter was not made out of ridicule.

“Mr. Baez, it sounds like Mr. Ashton has objected,” the judge retorted.

“Yes, it does,” Baez joked.

§

Linda Drane Burdick asked for and received a 30-day extension on depositions. Some of the witnesses are difficult to track down. The defense is having the same problem. One of the things I’ve noticed about Judge Perry is his flexibility. As stern as he is, he’s very giving and in some cases, willing to bend.

The judge then reminded Ann Finnell that the deadline for listing all penalty phase witnesses is November 30, a mere month away. All of the state’s experts have not been deposed yet and that deadline is November 19. A Frye hearing was brought up. Jeff Ashton said he wants to sit down with the defense and go over what is new and what is old science. A Frye hearing is used to determine if novel scientific evidence is reliable enough to be permitted in court. It can also apply to testimony from psychologists and psychiatrists, not just forensic experts.

There was a brief exchange between Cheney Mason and Linda Drane Burdick that became somewhat heated. It was over some of the TES records still being held by law enforcement. Burdick explained that the defense had ample opportunity to look it over when their experts were in town back in July. Of course, the defense said they had never received property forms or receipts and Burdick begged to differ. Oh, the frustration of it all! The judge gave the defense two weeks to settle the matter. He then asked the state if all evidence had been disclosed. If not, everything must be disclosed by January. This means that there will be no surprises weeks before the trial is underway. The defense should have everything in its hands by the first month of 2011.

Before the judge gave the attorneys a rather stark speech, I must say that this was the first hearing I’ve attended where Linda Drane Burdick came across loud and clear. It was my observation that she seemed more agitated and direct, and certainly, more animated than I had ever seen her before. With that, the judge stated that if the depositions are not done on time, the court will set dates and he will make sure they are not convenient for either side. He said he will start running the case at his pace, so everything had better be ready come January.

“All the posturing has been nice, but come January, it will be according to my schedule.” And that means the schedule could be at midnight. If there are people unwilling to be deposed, by golly, the court will make them comply. Judge Perry means business.

§

A somewhat odd thing occurred near the end. The gentleman next to me started to breathe deeply. When I glanced his way, he was sound asleep. To me, this had been an exciting day, one filled with many highs and lows. Just like in church, the judge gave a great sermon, but I guess there’s always a chance that someone will be napping in the crowd. The hearing lasted two hours, as I expected, but I’m used to them by now. He wasn’t, obviously.

As we got up to leave, an attorney was loudly castigating one of Orlando’s best known journalists about dumb questions. It wasn’t pretty. I gravitated toward Ann Finnell. I had a message for her from her niece or cousin, but darn if I didn’t write it down. Instead, I had a senior moment and I asked her if she would be attending the next hearing. She said she would, and I said I would remember next time. She asked me how I knew it was really a relative and I said because I know her real name and she told me you would recognize it. She was more than friendly and open. She’s every bit a class act and you could tell that she’s a very caring person. Who better to handle a penalty phase? If Casey is found guilty, she’s in good hands. Anyway, it’s her cousin, and I’m sorry. I’ll make sure I get it right next time, and that will be on November 29, at 1:30 PM. I’ll be there. I need to set the record straight.

Get Bent

Dura lex sed lex. That’s Latin for “the law is hard, but it is the law.” Such will be a lesson learned by the defense in the courtroom today, I’m afraid.

What was scheduled to be a status hearing has turned into one of greater magnitude, and one that Casey must attend. She hasn’t appeared in court since the July, when her mother and brother took the stand over the admission of Cindy’s 911 calls.

While the status of the case will still be discussed, two defense motions will also be heard, and that will include counter motions filed by the JAC and the Orlando Sentinel. Defense attorney Ann Finnell recently filed a motion that asked Judge Perry to set a cautionary budget for costs she expects to incur to properly represent Casey prior to a sentencing phase; to be prepared if she is convicted of capital murder. The next motion will once again ask the judge to reconsider prior rulings over the public’s right to see Casey’s jail records, including phone calls, visitor logs and commissary purchases.

I don’t want to venture a guess about the money issue. The defense is requesting an additional $12,000 for investigative work on top of the money their mitigation specialist is asking for. This is too tough to guess, so I’ll focus on the issue over the disclosure of certain records.

First off, let’s make it clear that the defense is once again asking for more than the judge needs to give. In the MOTION FOR RECONSIDERATION, the defense cited a recent ruling by the Fourth District Court of Appeal, Bent v. Sun Sentinel, which ruled that jail “audio recordings of the defendants’ phone calls are not public records subject to release.” What this did, in effect, is put a temporary end to releasing phone calls, which are recorded surreptitiously for security reasons. On the other hand, the ruling did not address any jail logs whatsoever. This means who called, when and how long they spoke, are not subject to the ruling.

Right now, Casey has “three Standing Objections of Abuse of Florida Statute Chapter 119.01 complaining of the release of public records,” according to the Orlando Sentinel’s motion. The Sentinel went on to suggest that this defense “essentially asks the Court to shut down the media and the public’s statutory and constitutional right to public information.”

The Sentinel continues to argue that neither the public nor the media “are required to show a legitimate interest or purpose in order to obtain public or judicial records.” Here, I have one slight qualm with the Sentinel’s mention of judicial records. The jail does not fall under the judicial branch, and for that reason alone, the judge cannot rule in favor of the defense. He has made it abundantly clear he holds no power over the legislative branch, which governs this sort of disclosure. Timoney v. Miami Civilian Investigative Panel, 917 So. 2d 885, 886 n.3 (Fla. 3d DCA 2005) stated that “generally, a person’s motive in seeking access to public records is irrelevant.”

Judge Perry has, on more than one occasion, stated that he was not going to reinvent the wheel, meaning he will not rewrite Florida’s Public Records Act, which we recognize as Florida’s Open Government in the Sunshine law. Today, he will rule the same way he has in the past. There is no doubt that jails and prisons in Florida will comply with the Bent v. Sun Sentinel ruling and keep recordings locked up for the time being, but I am certain it will work its way up to the Florida Supreme Court and beyond.

The defense believes that the disclosure of jail records will deny her the right to a fair trial. I disagree and so does the Sentinel. Although I don’t care about Casey and her orders of nachos, I find it hard to believe her phone log, visitor log and commissary purchases would prejudice a jury. Instead, perhaps the defense should halt all post-hearing press conferences and ask the court to place a gag order on this case. The judge might be willing to comply.

§

Veritas vos liberabit! See you in court.

The truth about relativity

During 1960s, one of the mantras of the counterculture was to “never trust anyone over 30.” Civil rights and Berkeley free speech activist Jack Weinberger is widely credited with making that statement. To those of us old enough to remember the days of free love, we also recall turning on, tuning in and dropping out spoken by one of the day’s best known gurus, Timothy Leary. Oh my. To many, our 30s rapidly passed us by with no noticeable trepidation. In many instances, we have not only become our parents, we are rapidly turning into our grandparents.

Today is my father’s 80th birthday. I will be spending the rest of the day with family and only take an occasional look at my computer, if I take it with me.

Early last night, I spoke to my 91-year-old Uncle David, and to put things in a relative perspective, he said, “Gosh… your father’s going to be 80 tomorrow? Oh, I long for he day I could be 80 again.”

You see, my uncle’s mind is as sharp as it was a half-century ago, but his body is catching up with him. To each and every one of us we understand our own relativity, how it impacts our own lives each day and how much it changes with passing time. We are what we make of ourselves.

∞

Poor Mee - Reflux Redux

“My love is nt a game im real n dnt wnt a fake lien cheaten azz nigga”

- Jennifer Mee, from her Myspace page

On February 16, 2007, I wrote a post about the poor St. Petersburg girl who couldn’t shake off hiccups. Believe me, I could relate. Although hers lasted more than a month, mine only hung around for about 2 weeks. Doctors tried everything with her, but in my case, a heavy dose of one medication in particular knocked them for a loop. Today, at the first sign of a hiccup, I panic. No way do I ever want them again.

Interestingly, and in one of those “Whatever happened to…” moments, Jennifer Mee has resurfaced in the news, not that she ever reached an acclaim that gave us pause to wonder where she went to begin with. Today, the now 19-year-old sits in a jail cell in St. Pete, charged with first-degree murder, along with two cohorts. In a statement released late Sunday, Sgt. T. A. Skinner, of the St. Petersburg Police Department, said Mee had been arrested along with Laron Raiford, 20, and Lamont Newton, 22. All three had been taken into custody in connection with the death of 22-year-old Shannon A. Griffin. Allegedly, Mee lured the victim to a house where the other two robbed him. When he struggled, he was shot several times. Dead. They admitted their involvement to authorities.

This is a sad story. Where did she go wrong? During the course of her young life, nothing has come close to this, which I would describe now as a giant hiccup that will rob her of her freedom for years to come.  No one is accusing her of pulling the trigger, but in Florida, when someone dies during the commission of a felony, everyone involved in the crime can be charged with murder, even if Mee had no idea of the outcome. She had to have known a gun was involved.

Here is her profile, in her own words, at Myspace:

My name is jennifer, im almost 19 but dont let the age fool you, the struggles ive been through has made me grown up so much. Im always havin fun chillin or vibbin to some gucci:) im a down ass chick and all the others will never compare so dont try me like im the next hoe. Ive lived in florida for a while now but my heart is still in vermont? im trying to better myself and just move on in life. Im single& not lookin but if a real nigga comes along then im here:) hit me up if you need to kno anymore

Read more: http://www.myspace.com/jennifer_plies#ixzz13OqZA4JA

In any event, this is the story I wrote back in the beginning of 2007. My hiccup encounter was over 6 years ago now. By the way, Jennifer’s mother found my story and commented. You can read the original HERE, along with those comments.

♦

Poor Jennifer Mee. She’s the 15 year old girl from St. Petersburg, Florida who can’t seem to shake off the hiccups. She’s had them for more than 3 weeks now. I can definitely relate. Two years ago, I had them for a week and a half and they pretty much drove me nuts, or as my friends might say, nuttier than I already was. I did a lot of research on the Internet, trying to find any sort of cure. I experimented with just about everything I read, to no avail. I tried holding my breath. I put sugar under my tongue and in the back of my throat. I breathed into a paper bag and drank out of the wrong side of a glass. Nothing. Zero. Zilch. I could not sleep at night and I got desperate. Finally, I made an appointment to see a doctor. My doctor had died, so I had to find a new one, one who had never met me or knew of my medical history.

When I got in to see this new doctor, I (hic) explained (hic) my (hic) dilemma. He looked down my throat.

“I don’t like the redness I’m seeing,” he said. He listened to my neck, chest and abdomen. After a few minutes of careful examination, he made a diagnosis. “I believe you have a lung tumor.”

My heart sunk down into my butt. That should have been enough to scare the hiccups away, but it didn’t. “You’re kidding?”

“No, that’s pretty much what I think it is. I’ve had cases like this before and that’s what it generally has turned out to be. I’m going to schedule you for chest x-rays and an upper GI.”

“Oh, wow. In the meantime, can you give me anything, like Thorazine?”

“Thorazine? How do you know about that?” he asked.

“I looked it up on the Internet.”

“No, really, how did you know about Thorazine?” He gave me a rather sharp and puzzled look.

“I’m telling you, I tried looking for a cure on the Internet and read about it.” Thorazine (chlorpromazine) is a drug prescribed for schizophrenia. Seriously. It’s also used to treat chronic hiccups. I think he wondered if I had a history of schizophrenia or some other psychotic problem.

[I recall responding to my doctor when he asked me about Thorazine. After the second time, I turned my head to the right and openly told my imaginary friend to mind his own business; that I would answer. Be Quiet! It was at that point he laughed and realized I was a joker and that I was in complete control of my faculties. Ha!]

“Yes. I’m going to give you a prescription for that.” I felt a little relieved, in the hope that this drug would cure me. Hic, I mean, heck, I was more concerned with getting rid of this immediate problem than I was about dying of lung cancer. I left, and hiccuped my way to the pharmacy.

When I got home, I immediately unscrewed the cap and swallowed one of those pills. An hour later, nothing. Man, I thought, this is crazy. I took another one. About an hour after that, I was in some sort of la la land I had never been to before. Wow. I was somewhere up in the clouds and decided I needed to get into bed. That was it for me. I woke up the next morning and the hiccups were gone. Bingo! Cured! My first solid night of sleep in what seemed like forever.

The following week, I went to get the tests done and a few days later, I went back to see the doctor. As I was walking into one of those waiting rooms, he passed me in the hall and said he had some good news and some bad news, but don’t worry, the bad news isn’t that bad.

He walked in with some papers. “You do not have a tumor. You have a hernia on your esophagus. You also have one here and here.” He pointed to parts of my stomach. “You also have GERD.”

GERD is short for gastroesophageal reflux disease. I have always had bad heartburn and I knew I had damaged my esophagus through the years.

“I want you to get some Prilosec OTC and take 2 capsules (not one) a day.”

“For how long?”

“Until I tell you to stop.” which I interpreted as never. “I’m also going to write a prescription for an ulcer medication, not that you necessarily have one, but it will aid in the GERD.”

I had a couple of follow up visits and everything seemed fine. I never really got the hiccups again, at least not like that. Every time I do hic a few times, I get scared. Oh, by the way, I asked what I should do with the rest of those schizo pills. “Throw them away. You don’t need them.”

Yeah, right, like I was going to do that. Hah! At least, I never drove when taking them. That would have been crazy.

[To be truthful, I don’t believe I ever took them again. The hiccups were gone, but as a former Boy Scout, I learned to be prepared, just in case. - My heartfelt condolences go out to the Griffin family.]

To see larger images, click HERE

See Subject Charge Report

Linda Kenney Baden calls it quits

According to a WESH-TV news report, Linda Kenney Baden filed a motion in Orange County Court today to withdraw from the Casey Anthony defense team.

She was hired to do most of the forensic work, but Dorothy Sims will more than foot the bill. My guess is that we are seeing Cheney Mason at work. He tried to cash in his chips at the courthouse in April, when he filed a motion for Judge Stan Strickland to step down. This time, he’s shuffling attorneys around. There is no doubt he is well known in Florida and the two newest attorneys to join the team, Sims and Ann Finnell, hail from Ocala and Jacksonville, respectively.

No reason for Baden’s resignation was cited in the motion. Todd Macaluso resigned this past April stating that he is on “involuntary inactive status with the California State Bar…for an undetermined period of time.” Andrea Lyon resigned at the end of June. She blamed costs that the JAC would not pay, such as travel expenses.

See: WESH

Casey McDingles

HERE’S WHAT REAL WITNESS TAMPERING IS ALL ABOUT

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

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

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

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

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

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

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

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

A DATE WITH CASEY

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

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

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

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

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

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

As The World Burns

Brad Benson is the owner of a Hyundai car dealership in South Brunswick, NJ. In 2003, he offered Saddam Hussein a brand spanking new car if he would flee Iraq. That advertising campaign wasn’t successful and he pulled the ad after it ran only two days, replacing it with an apology for any offense that may have been taken by anyone, Muslim or otherwise.

To give you a little background, in the 1980’s, Benson established himself as an offensive lineman for the NY Giants, having played there for 12 seasons. Today, he is better known around the state for running his “Idiot Award” ads, where he’s singled out celebrities like Roger Clemens, Mel Gibson and Lindsay Lohan.

“We don’t have your typical car commercial,” he said, and to be frank, they have been quite effective. Three years ago, he was selling about 60 cars each month. Today, in spite of the present economy, that number has grown to over 500 cars per month.

The following story caught my attention for several reasons. I’m originally from NJ, having spent the first half of my life there, so I have a special connection with the state. Since 1981, I’ve lived in Florida, and this year, I had the opportunity to attend two University of Florida Gator football games thanks to the generosity and hospitality of a wonderful lady. She was born and raised in Gainesville, where the spectacle of pastor Terry Jones was met with great consternation. Jones, if you recall, had threatened to burn thousands of Qurans, the Muslim holy book, on September 11, in protest over plans to build a mosque and Islamic center two blocks away from Ground Zero, in lower Manhattan. Jones was never a fixture in Gainesville, and his self-titled “International Burn a Koran Day” became a conflagration of horrible proportion. He’s a total embarrassment to the sensible inhabitants of the respectable university town, where common sense prevails over opportunistic sensationalism and overzealous preachers of literal biblical translations.

Enter Brad Benson. In the midst of the international debacle,  he offered Terry Jones a new car if he promised to not burn one single Quran. Of course, September 11 came and went and no books were burned, but that was more than likely due to President Barack Obama’s very public urging, along with a phone call from Defense Secretary Robert Gates and a statement by Gen. David Petraeus, head of the U.S. mission in Afghanistan, who said that carrying out the plan would endanger American troops.

“I just didn’t think that was a good thing for our country right now,” Benson said about the Quran burning. Levelheadedness won out and the residents of Gainesville were able to breathe sighs of relief. Jones has since indicated that he will move away from the area, along with his flock from the Dove World Outreach Center. Hallelujah!

Meanwhile, a representative for Jones called Brad Benson’s car dealership to collect the 2011 Hyundai Accent, which retails for $14,200. At first, the dealer thought it was a hoax. “They said unless I was doing false advertising, they would like to arrange to pick up the car,” so he asked for a copy of Jones’s driver’s license. The reverend complied.

Of course, Jones told the Associated Press last Thursday that the offer of a car was not the reason why he chose not to burn the Muslim holy books. He said he hadn’t learned about the deal until after September 11.

Prior to making the determination, Benson asked his radio audience to help him decide whether to honor his promise. Over 2,600 people responded and the vast majority said he needed to keep his word. Views ran the gamut. One person suggested painting the car with verses from the Quran, the Talmud and the King James version of the Bible.

After the feedback, he said he decided to give Jones the car outright because he didn’t want to be connected to anything the pastor decides to do with it. “I don’t want to be involved in the politics of that.”

In the end, Terry Jones said he was not going to profit from the car. “We’re not keeping the car for ourselves.” Instead, he said he plans to donate it to an organization that helps abused Muslim women. Good luck finding one. Although the effort looks good on paper and in the media, it shows how out of touch the preacher is with the world and sharia, where many interpretations of Islamic law “are used to justify cruel punishments such as amputation and stoning as well as unequal treatment of women in inheritance, dress, and independence.”¹

If Jones can’t find an organization, perhaps he can establish one for abused Muslim women. If he does, let’s just pray that no one comes along and burns it to the ground with women, children and Qurans inside. By Muslims. How sad and ironic that would be.

Story collected from AP wire service

Political Raffling

Because I am a writer, I am on mailing lists, including press releases from political parties. Today, I received an e-mail. Lest you think I am going to give out my affiliation here, guess again. It’s no one’s business, but when I receive something in one of my accounts that’s specifically set up for this type of information and it causes me to raise an eyebrow, I do what I like to do: write about it.

Normally, I leave politics off my blog, but this one was a bit surprising. To be fair, the party itself isn’t what attracted me to it. It’s the person who’s carnival barking that did. At first glance, I didn’t think much of it, but after giving it some thought, I really can’t think of a time, in the annals of American politics, that a sitting president has ever offered any sort of sweepstakes with the one and only prize (3 winners) offered being an opportunity to meet him backstage at one of the final campaign stops he will be headlining for the fall mid-term election. I don’t want to think of my president as a carnival barker, but at the same time, it is not my intent to make any kind of political statement over this. I won’t. It is what it is and what you see is what you get. The graphics are mine, but the “Presidential Address” by Barack Obama to his party constituents is real. Incidentally, the message did not come out of the White House. It is being paid for by the Democratic National Committee.

Hurry! Hurry! Hurry! Step right up!

 HERE’S HOW TO ORDER!

There are 20 days until the election. I need you to go all in.

People like Senator Barbara Boxer in California, Congresswoman Mary Jo Kilroy in Ohio, and Congressman Patrick Murphy in Pennsylvania — who courageously fought alongside us for change — are facing millions in retaliatory attacks ads from special interests, made possible by a recent Supreme Court decision.

All around the country, members of Congress who stand up for the middle class are being targeted. Special interests hope to replace our allies with candidates who will give tax breaks to the wealthy, exploding our deficits at the expense of the middle class; privatize social security; even eliminate the minimum wage.

That’s why I’m doing all I can, traveling the country over the last critical days of this campaign to support our allies and remind voters of the choice they have in this election. These are the people who stood with us when health reform seemed unlikely, when the banks tried to bully us out of Wall Street reform.

I need you to do all you can as well. Keep organizing, keep talking to your neighbors, and keep donating whatever you can afford.

WILL YOU CHIP IN $3 RIGHT NOW TO HELP WIN THIS FIGHT?

Your donation today will not just help put organizers on the ground, resources in the hands of volunteers, or ads online in these final days of the election. Your donation is a statement — that you and I will not sit back and allow interest groups to buy their way back into power.

And, as Mitch told you earlier this week, your donation will automatically enter you win a trip to Las Vegas to meet me backstage. I’ll be there on October 22nd to stand alongside Nevada Democrats and Harry Reid, one of the best majority leaders the Senate has ever had, who has played a critical role in each of the historic victories you and I have achieved. He’s one of the people we need to fight for.

There are Democrats like Harry all around the country — folks who are under siege because they stood up to the status quo. It’s up to you to give them a chance to keep fighting. And if you don’t do it, nobody will.

I will be out there, making the case with you. And I hope to see you backstage at one of the final, most important, campaign stops I will make this fall.

PLEASE DONATE $3 TO BE AUTOMATICALLY ENTERED TO WIN A TRIP TO LAS VEGAS TO MEET ME BACKSTAGE:

https://donate.barackobama.com/Backstage

Thank you for all you do,

President Barack Obama

P.S. — Making a donation automatically registers you for the sweepstakes. You may also enter the sweepstakes without making a contribution either online or via text message — click here to enter online or here for instructions on how to enter via text message. No minimum contribution is necessary to be registered.

No purchase or contribution necessary to enter. Void where prohibited. You can enter the contest without making a contribution by clicking here. Only U.S. citizens or lawful permanent residents over the age of 18 who are residents of the 50 states or D.C. are eligible to enter. Entries must be received by 11:59 p.m. on 10/15/10. Three winners will receive one round-trip ticket within the continental U.S. to Las Vegas, NV; hotel accommodations for one; and a meeting with President Obama at a rally event on 10/22/10 (approximate combined retail value $1,200.00). Odds of winning depend on number of entries received. Promotion is subject to Official Rules, available here, including restrictions on eligibility.

Paid for by Organizing for America, a project of the Democratic National Committee — 430 South Capitol Street SE, Washington, D.C. 20003. This communication is not authorized by any candidate or candidate’s committee.

Contributions or gifts to the Democratic National Committee are not deductible as charitable contributions for income tax purposes.

Would I like to meet the president? Sure, he’s the president and he seems like a very approachable sort of guy, but that’s not the way I’d prefer doing it. Please let me know what you think. Does this diminish the integrity of the Office of the President of the United States? Or have we reached a point where meeting the president is just like winning a Thanksgiving turkey? Buy a raffle ticket. And who will be spared this November, the turkey or the president?

Barking up the wrong plea?

“I found my daughter’s car today, and it smells like there’s been a dead body in the damn car.”

- Cindy Anthony

You know, I really wanted to title this post, Cryogenic oven-trapping gas chromatography for analysis of volatile organic compounds in body fluids, but it was already taken. Darn those three, K. Watanabe-Suzuki, A. Ishii and O. Suzuki. They left nothing for another man’s creative imagination.

On July 24, 2008, Investigator Mike Vincent of the Orange County Sheriff’s Office sent Oak Ridge National Laboratory a carpet sample from the trunk of Casey’s Pontiac, the one that contained the damn dead pizza with squirrel topping smell. All kidding aside, what tests were performed on the air quality in that trunk was a very serious matter. Whether or not the judge allows the forensic report to be admitted as evidence in the case against Casey is of tantamount importance to both the state and defense, where the life or death of the accused may be in the balance. The judge will have to weigh heavily the type of science it is - something never used in a court of law. Is it truly a valid science or is it junk, as Casey’s defense has implied? To grasp the basic concept of what it is, we must understand it first.

To begin with, there’s nothing quite like real, live witnesses; the ones who will testify in court that the car smelled like death and decomposition. There’s no escaping it. Cindy smelled it, George smelled it, Lee smelled it, and certainly, lots of law enforcement officials running around the Anthony home on July 15, 2008, smelled it, and many of those officials were duly trained in detecting decomposition of the human body. Just like the pungent smell of marijuana, there’s no escaping its uniqueness. Once you smell death, you never forget it. I believe it is in our primordial genes. The very first time it impacts you, you know what it is. No need for an education. No learning curve. No one need tell you what it is. Coupled with the scientific results, it could smell, er, spell doom for Ms. Casey. Even without it, the odor is what it is: decomp. No squirrels or other organic matter was found, lest a few crumbs of dried up pepperoni, if that.

The carpet sample sent in July was not the only thing parceled out. On September 3, Dr. Neal Haskell included air samples from the trunk, paper towels, and a white trash bag, both containing fly pupae. Dr. Haskell is a forensic entomology expert - forensic refers to investigation into the cause of death and entomology refers to insects. He is part of the faculty (Biology Department) at St. Joseph’s College in Rensselaer, Indiana.

According to Oak Ridge, compounds in all the samples were identified by mass spectral library match, which means they were compared against known samples that exist in a library. Without getting too complex, verifications were determined from standards purchased from the Sigma-Aldrich Chemical Company. It’s like comparing samples of anything against a known bank of information pertaining to that subject matter.

The first carpet sample was placed in a sealed metal can. A preliminary analysis was performed by extracting a small amount of air from the can. It was injected into a Hewlett-Packard Gas Chromotagraph/Mass Spectrometer (GC/MS) equipped with a Hewlett-Packard Mass Selective Detector. If this sounds anything like the Turbo Encabulator, it’s not even remotely close. Hewlett-Packard never made one. Alas, only a few compounds were observed in the sample, primarily chloroform, and it became apparent the sample wasn’t strong enough, so it was deemed necessary to increase the sensitivity in order to find a lower abundance of compounds - if they were present at all. According to the report, the technique selected for concentrating the sample was cryogenic trapping, which can improve detection of organic compounds ten-fold. Cryo-trapping is widely used for the analysis of fragrances and odors.

For these analyses, cryo-trapping was performed by injecting air into a short loop of inert stainless-steel tubing connected between the injector of the gas chromatograph and the head of the GC column. The stainless-steel loop was cooled with liquid nitrogen which condensed the organic compounds present in the air sample, while allowing the nitrogen and oxygen to be vented away from the GC/MS. Normal heating of the GC oven during analysis cycle vaporized the condensed organic compounds in the stainless-steel loop and allowed them to traverse through the GC column into the mass spectrometer.¹

If you are not familiar with cryogenics, think of cryonics, which is the “science of using ultra-cold temperature to preserve human life with the intent of restoring good health when technology becomes available to do so,” according to the Alcor Website. Rumor has it that Walt Disney’s head is frozen and kept under the Cinderella Castle at Disney World, here in Orlando, but that’s not true. His whole body is on ice in a hidden chamber beneath Pirates of The Caribbean at Disneyland. Actually, none of that is true. Dearly departed Disney was cremated, head and all, and his ashes rest in Forest Lawn Memorial Park in Glendale, California. Cryo no more.

Back to the matter at hand…

The carpet sample was removed from the metal can and placed in a Tedlar bag for 2 days at 35 degrees Celsius (C) and allowed to off-gas into the bag. Kind of like a silent, but deadly, if you get my drift. Tedlar bags have many uses in many industries, including air sampling, hazardous waste, and other gas sampling needs.

The report admitted that gasoline was found in the trunk and it was likely a source of significant hydrocarbon interference that caused an overlap with about 41% of the chemicals typically observed in decompositional events. This may wreak havoc on the state’s claims. The defense will jump on this like flies on… flypaper. Of the 51 chemicals identified on the carpet sample from Casey’s vehicle, 80% were consistent with decompositional events. A mere 17 of the 51 overlapped with known or possible gasoline constituents, leaving 24 compounds - 59% - associated with decomposing human remains potentially unaccounted for. In other words, there was no other way to explain their existence, such as pepperoni. There are lots more examples in the report, but to go into every aspect would be boring and quite tormenting. Suffice it to say that in its conclusion, the report summed up things nicely.

What the lab determined was that odor from early decomposition was present, including “an unusually large concentration of chloroform - far greater than what is typically seen in human decomposition.” There was also an increased level of sulfur containing compounds found, which are “particularly characteristic of decompositional events.” Certainly, of particular interest to the defense is the report’s conclusion that the possibility exists there could be a variety of products that could have contributed to the overall chemical signature.

How much credence should we, as untrained laymen, put into the Oak Ridge report? Laywomen, too. No discrimination intended or implied. Our opinions won’t count in court, but it makes for great discussion. What we may lose sight of are the lab tests conducted for OCSO because we keep wishing upon a star that Casey will be found guilty, so we sometimes skew the results. To be frank, we’re not even into what the defense experts will bring into battle, but we do have another report at our fingertips; the findings of Michael E. Sigman, Ph.D., Assistant Director for Physical Evidence at the National Center for Forensic Science on the campus of the University of Central Florida, right in Casey’s backyard.

Here is a list of what was analyzed and reported in Air Analysis Results: Caylee Anthony Missing Child Investigation²:

Some samples were not tested at NCFS, but an interpretation of the findings stated that“… dimethyl disulfide, tetrachloroethene  and Chloroform are known to be liberated from decomposition of human remains. These three compounds were not found in a representative gasoline sample in the NCFS database. Dimethyl disulfide occurs naturally in cabbage and onion.” Was that pizza ordered with onions and pepperoni? “Tetrachloroethene is used in dry cleaning and may be used in spot removers. Chloroform may be used as a degreaser and may be formed through the reaction of chlorine bleach with some organic chemicals.”

What Dr. Sigman concluded was that the presense of dimethyl disulfide, tetrachloroethene and chloroform did not conclusively demonstrate that human decomp was present in the trunk. There were too many other possible sources. 

These were the findings of Oak Ridge and NCFS, and not my opinion. In other words, I have no dog in this fight other than a cause similar to everyone else that’s compassionate about this case and looking for complete and final justice for Caylee. Speaking of dogs, though, the defense is going to look into all of this in a lot more depth and try to convince the jury a machine could never replace a canine nose. Therefore, it’s inconclusive. On the other hand, didn’t a dog also hit on human decompostion in that trunk? How is defense attorney Dorothy Clay Sims, a specialist in medical-expert witness cross-examinations, going to bark back at a dog?

I recommend reading Air science could be used for first time ever in Anthony case by Anthony Colarossi, Orlando Sentinel, October 8, 2010.

I Feel Fine

In honor of John Lennon’s 70th birthday

Google him

Announcement

I am slowly dismantling my WordPress blog. By the time you read this, it will be shut down. Marinade Dave is dead. This is my home now, and I’ve been slowly and meticulously moving things from there to here. There is still work to be done, but this has been my plan and I hope you feel welcome. On this site, I have a lot more control and freedom of design. Plus, I can guarantee it will be free of trolls.

All comments go into moderation here unless you sign up for a password. If you wish to do so, leave a comment on a blog post or e-mail me and I will set you up with one, along with a screen name. The only thing the screen name/password will do is keep you out of moderation.

If you can think of ways I can improve this site, please let me know.

THANK YOU

A formidable presence

As quiet as a church mouse, Ann E. Finnell entered into the Ninth Circuit Court, a Notice of Appearance last Thursday, September 30.

ANN E. FINNELL, the undersigned attorney, hereby enters her appearance on behalf of DEFENDANT, CASEY ANTHONY, joining attorneys Jose Baez, Esq., and Cheney Mason, Esq., inter alia as an attorney for Defendant.

Inter alia, for those not familiar, is Latin for “among other things,” meaning she is joining the crowd. The more, the merrier, so to speak.

What you may not have noticed, though, are two motions rolled into one that came attached with it; something she filed on behalf of her new client, Ms. Anthony. The nerve. Judge Perry wasn’t even given a chance to acknowledge her notification yet.

MOTION TO DETERMINE REASONABLE BUDGET FOR DUE PROCESS COSTS IN A CAPITAL CASE AND MOTION TO INCUR CERTAIN SPECIFIED COSTS

In this two-for-one motion, Ms. Finnell asks the Honorable Court to “set a hearing to detemine a reasonable budget for the penalty phase of a capital proceeding.” This is not in anticipation of a guilty verdict. No, this is more of a “just in case” scenario. Juries can go either way and it’s better to be prepared, and to be specific, this is a motion requesting money for services rendered BEFORE the trial, not after.

On March 19 of this year, Judge Stan Strickland officially declared Casey Anthony indigent and her defense stated that they would continue to work on her case pro bono. Regardless of how Florida taxpayers felt at the time, the state was ordered, through the JAC (Judicial Administrative Commission) to pay for her experts, investigators and other costs incurred. At the indigence hearing, her then-new attorney, Cheney Mason, said the total amount could be about $200,000. Unfortunately, I am of the opinion that it will exceed that price tag.

Ms. Finnell, in her motion, assumes that “since Defendant has been adjudged indigent for costs it would seem appropriate that undersigned counsel attempt to establish a reasonable budget for a capital case.”

I’m afraid, in this case, I have to agree with her, but it has nothing to do with siding with the defense. It is because Casey has a right, like any other who stands accused, to have a solid defense, particularly because of the nature of the beast. This is a capital case, and as Judge Perry has stated more than once, death is different. However, just because I agree does not mean he will write a check in the amount she is requesting. He has several options.

1. He can agree 100% and grant her wish.
2. He can agree and ask her to submit individual bills to JAC as they come in.
3. He can disagree and tell her to work with what she’s already got; Jerry Lyons and Jeanene Barrett. Is Mort Smith still in the equation?

Ms. Finnell is very good at what she does. She is a seasoned veteran at this sort of thing. I noticed elsewhere in comments that the defense doesn’t need this attorney since Cheney Mason is already death penalty qualified. Her joining the team has nothing to do with that. It is all about taking care of the penalty phase if Casey is convicted of first-degree murder. That is her specialty and in order to be fair and just, any defendant in a capital case needs someone precisely like her. Indigent or not, they usually get one, and Casey is no exception.

Just what is the Jacksonville attorney requesting? Let’s take a look.

She believes the utilization of a private investigator will be required to provide services in the realm of “locating and interviewing mitigation witnesses,” and“locating and securing documents and other evidence relevant to the penalty phase,” among others I will get to. One of the things that I get a kick out of are those pesky little “other evidence” phrases that one never quite understands. Exactly what it really means is anyone’s guess. It’s almost the same as saying, “well, that’s what they say” to back up a claim, only no one knows for sure who “they” are. Oh, you know, them, those, that evidence.

On with the show… Performing background checks is a reasonable request. So is “researching any other factual issue relevant to the penalty phase such as the credibility and character of the witnesses.” She adds that she does not anticipate the costs for investigative services to exceed $5,000.00 and specifically requests the court to “enter an Order authorizing such costs not to exceed $5,000.00 without further Order of the Court.” That’s rather interesting, because she places this fiscal limit on each of her court requests and it’s the first time I have seen any defense attorney related to this case take responsibility for any money at all, except for what the JAC is willing to pay, and there have been issues already. Judge Perry stated that any bill JAC refuses to pay falls back into the hands of the Baez Law Firm. This woman has, what seems apparent, experience in this department. On this particular issue, she says that the private investigator would be one with whom JAC has a contract and would provide services at JAC rates. So far, so good.

$5,000.00

The next matter at hand concerns the services of a licensed psychiatrist or psychologist at a “reasonable hourly rate” - whatever that may be. Of course, the JAC has a menu that lists recommended rates:

JAC is also rather particular about what it offers. “Prior to retaining an expert, defense counsel must file a written motion seeking authorization to incur the expert services. The motion needs to establish the basis for the expert services by setting forth the reason why the expert’s services are necessary for the defense of the case. The defense has the burden to show the particularized need for the expert’s services.”

Since this leads the court to assure the JAC that what it hands out will have to be meticulously explained by the defense, Casey and her team will get no free rides. In the case of “seeking a comprehensive forensic psychological examination of the defendant, the attorney should ask the expert the number of hours the expert anticipates will be necessary to complete the evaluation,” which translates into: the defense should obtain a good faith estimate from the expert first. I believe Ms. Finnell has done that.

Whoever the expert is would examine and conduct forensic testing on Casey and “render an opinion regarding relevant mitigation” and be available to consult with the defense regarding state experts’ cross-examinations. If necessary, it would include testifying at the penalty phase. The price tag? Her guestimate runs at $7,500.00.

Now, we’re up to $12,500.00

Next up in her list is $1,000 for copies, medical records, school records, photographs and “any other record relevant to any statutory or non-statutory mitigating circumstance or to rebut any aggravating circumstance, and the preparation of trial exhibits of said records.”

$13,500.00

The next item up for the defense is the mitigation specialist and here’s where the instructions are clear. Ms. Finnell does not seem to be asking for anyone new. Instead, she seeks money for who’s already there, in which case, I would have to point the finger at Jeanene Barrett, left over from the Andrea Lyon days. Here, Ms. Finnell “anticipates needing additional hours for the mitigation specialist who has already been approved by the court.” Bingo! She’s not looking for anyone else. She expects this expert to work for an additional 100 hours at a rate the court had already established, and if I can find that out, I will let you know, but if we assume it’s $75.00 per hour, we’re talking an additional $7,500.00, which pushes the bill over the $20,000.00 amount initially reported in the media.

$21,000.00

The esteemed attorney expects to travel “to and from Orlando, Florida and Jacksonville, Florida and Ft. Myers, Florida, to visit with Defendant and Defendant’s family, friends and associates. Multiple trips will be required prior to the start of the trial in this cause.” She intends to use her own vehicle, which is not a 1987 Yugo, incidentally. Let’s see, the JAC states that, “When travel is more than 50 miles or out‐of‐county, an expert may bill for mileage pursuant to section 112.061, F.S. The state rate for mileage reimbursement is $.0445 per mile.”

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

$25,000.00

Ms. Finnell further anticipates “travel expenses for either one investigator or one mitigation specialist to travel to Ohio, to obtain records and interview potential witnesses.” Of course, this travel would have to require roundtrip airfare, lodging, and per diem expenses, which she expects to be approved at JAC rates. Air fare shouldn’t exceed $600.00 and total travel should not be any more than $1,500.00. That adds another $1,500.00 to our bill.

$26,500.00 grand total prior to trial

The final request is a very important one as far as I’m concerned, because it makes it clear when she expects this money. It makes absolutely no sense that the court would hold this amount until a verdict is rendered and the penalty phase begins, if Casey is found guilty. No, there’s not nearly enough time to collect all of this information. At the same time, something may come to light that is important to the outcome of the trial. This is money the state must hand out very soon in one form or another. Clearly, Ms. Finnell anticipates this because she says that “if this case goes to trial, travel to the site of the trial and lodging associated with the days required to attend the trial will need to be incurred at JAC approved rates. Counsel cannot at this time estimate the number of days required to select a jury, try the case, and conduct a penalty phase if necessary.” You see? This is money she intends to spend leading up to the trial, if it reaches that stage, which it will. The trial and possible penalty phase are not included.

We may not be happy with this price tag, but taking everything into consideration, and I mean everything, Ann Finnell has laid out an expense package that is within reason. Like I said, as much as some of us will disagree, it’s the first thing that’s come out of this defense that makes concrete sense. Finally, an efficient planner has emerged - one who’s not afraid to open her hand and show a couple of cards. No “I’ll have to get back to you on that,” or “I need to look into that.” Here it is, take it or leave it. Personally, I think Judge Perry is going to like her style. She’s no nonsense.

Well worth losing sleep over

FRIDAY

Last Friday evening, it rained. Of course, living in Florida, it can storm at a moment’s notice, bringing with it the wrath of rumbling thunder and lightning. Anyone who reads my blog understands that I take an Internet time out from 7:00 pm to 7:30 pm Monday through Friday to watch Jeopardy. Last Friday was no different until, suddenly, in the middle of the Double Jeopardy round and without warning, an intensely brilliant white light burst through the living room window, accompanied by an immediate explosion of sound, louder than anything I’d heard before. CRACK! In that split second, it was gone, and so was our electricity. Within minutes, power returned, but no cable. After the box rebooted, the living room TV cranked back up, but my show was over. Darn, I missed Final Jeopardy.

As sudden as the surge was, I quickly jumped to my feet to peer out the front window because I smelled electricity in the air. Sure enough, a wire was down in the front yard and it was hissing and spitting and reeling like a lithe snake in the dead of night, emitting an eerie orange glow that pierced the night air and glistened on the drops of rain that continued to fall. I walked to the phone to call 911, but there was no dial tone. We had switched to all cable only months earlier, so the phone and Internet were out-of-order. How funny, I thought, because the living room TV was working fine. I took out my cell phone and called to report the incident. Then, I called the cable company and the tech said the modem box that controls the phone and Internet was sending him no signal. Modem fried. The soonest anyone could come would be next Tuesday. To someone with a blog, that’s like… forever! Oh well, back to the matter at hand. I knew I would have the Internet the next day - for a few hours, at least.

Within minutes, the fire company arrived. There was no way I was going to set foot out there and risk a deathly jolt from the wet ground that lay ahead. As the fire/emergency crew assessed the situation, the power went off and off it stayed. The hissing line was dead in the water. Situation under control.

One of the things we know from living in the lightning capital of the world is to be ready, so a battery operated camping light alloted enough brightness for us to move around inside the house. Without power, the air conditioning wasn’t working, either, and it didn’t take long to warm up. After about 45 minutes, I decided to take a walk outside and scope the place out. I walked over to the power company truck and asked the driver when he expected it to come back on. Of course, he could only guess. He was awaiting another truck bringing someone to do the work. His job was to take a look and report. That’s after 27 years with the utility, he said. No more fixing lines. The younger ones do that now. One neighborhood child came by and asked the same question, but by that time we had already moved on to other topics. There was nothing any of us could do but wait. The driver and I talked for about an hour, until it was time for me to take my nightly insulin shot. He told me about some of his experiences with the company and how cutbacks have really streamlined things, but hadn’t made things better. It was more work, in other words, but with that came more hours and more pay. Not so bad, then. Not bad at all for a man in his fifties. I told him I write about the Anthony case. Interestingly, he was quite fascinated by it and he began asking questions like if she did it. He said his best friend’s son went to high school with her.

Someone drove by and stopped to ask what happened. He said he was heading up to the bar on the corner, G’s Lounge. The utility guy said, good luck, the power’s out there, too. He said that under normal conditions, it takes three surges to the substation to shut power off. In this particular case, after the third time, power remained on and he had to manually turn it off. I guess it fused something together. This took out a good part of the neighborhood. I asked him how many volts were in that downed wire.

“7200,” he responded.

Wow, that’s a lot of juice. We turned back to the Anthony case. I said that had I been many years younger and met her in a bar, I’d find her quite attractive, which is what your friend’s son must have thought. Of course, this would mean PRIOR to any murder. He agreed, but then he told me he asked the son if he had ever hit on her. Did he ever do anything with her? No, the son said. “She was passed around too much in high school. Everyone had her.”

That was an interesting observation and one that I wouldn’t ordinarily expect, but there are many surprises when it comes to this case. Of course, in a court of law, that would be hearsay and therefore, inadmissible, so take it the way you want, but it was a statement just the same.  Had it not been for the strike that burned a hole in the ground, I wouldn’t have known.

After a good conversation about other things, it was time to go inside. I wished him well and said good night. I went into the house and tried to sleep, but only lightly dozed until, just after midnight, the power returned and the cool, dry blast of the air conditioner fanned across my hot skin. Relief! Good, because I had a football game to go to and I wanted to be as refreshed as possible. Despite the lack of sleep, I woke up feeling fine. There was a big day ahead!

SATURDAY

Weeks earlier, I had published a 2-part series that began with Gainesville serial killer Danny Rolling, When karma strikes twice, and finished with John Huggins, Slowly, the wiles of justice churn. In the Huggins case, Jeff Ashton was one of the prosecutors and Chief Judge Belvin Perry presided. Of course, people like to comment and that’s where a lot of thought goes on. It brings my blog to life! During those ensuing comments, a dear reader and contributor, Nika1, offered to take me to a football game, the one against Kentucky, to be precise, and I took her up on that offer. She lives in Gainesville and told me about the wall in memory of those slain by Rolling in 1990.

In back-and-forth e-mails to-and-from my now defunct account, we set the trip up and finished it with a phone call. I didn’t want to drive my car that distance. She suggested taking the Red Coach. The Red Coach? I had never heard of it, but I took a good look. How could I not? It’s first-class all the way, with wide leather seats that fold down almost into a bed. There’s a movie, and wi-fi, to boot. The best part? It’s only $15 each way. Heck, it would probably cost me $20 in gas anyway. All I had to do was drive down to the airport and park. For free.

While waiting to board, riders were dropped off from Miami. I spoke to one gentleman from Ocala who knows the Brantley family, football players all. John Brantley IV is the Gator quarterback. It was nice to learn a little more background before the game.

Off we went! I brought my computer along to catch up on e-mails and comments, but alas, the wi-fi was not working. I tried to sleep a little, but Nancy Drew was blaring from the speaker above me. Our movie du jour.

When the bus arrived in Gainesville, Nika1 was waiting. I knew, as soon as I saw her, that she was my blogging friend and not there for anyone else. I got out and we lightly embraced. Aaaah, such a warm and friendly greeting! We walked over to her vehicle and stowed my belongings. I must tell you that sitting on the front passenger seat were a Gator t-shirt and hat, both brand new. Without hesitation, I took my shirt off in the parking lot to the delight of no one, but I was in Gator country, by golly, and I’m a Gator.

Off we went!

People were everywhere, all dressed in orange and blue, the university’s colors. Young, old, and everything in between, wore nothing else. We parked and took a walk to one of the book stores. The aromas of tailgating barbecues wafted in the air. The book store was a sort of mall with two food courts. We were hungry and it was time to eat. The bus left at 12:30 and arrived just before 3:00. The game wasn’t set to begin until 7:00, so there was plenty of time to kill. I’ll tell you, by the time the day was over, we must have walked 10 miles, but it did me a lot of good. As we milled around the campus, which is vast, she pointed out things of importance.

Tim Tebow is one classy act. That’s all I need to say about him. He’s above the rest, but he’d never admit it. Inside this building sits the NCAA Championship trophy. I saw it through a window. Game day, it’s locked up tight. Too many people.

There were plenty of sites to see and Nika1 was thrilled to show me everything. I had been to a number of games in the past, but not for years, and it was only to go up, see the game, and return home. This was a much more personal look, and I was eager to see as much as I could.

Soon, it would be time for the Gator Walk, where the football players, coaches and trainers walk down the street and into the massive stadium. It’s almost like a parade.

Cheerleaders chanted, to the excitement of the awaiting crowd…

One more…

Oh, heck… just one more…

It was at this time I turned to Nika1 and told her I will now admit I’m getting old. You see, each one of those girls looked, to me, to be no more than high school age. I couldn’t look at them as anything more than children. Time to move on…

The Gator Walk was about to begin!

We stood alongside a Gainesville police officer. He was one of the friendliest guys you’d ever want to meet. He said the motorcycle cop seen here, front and left, was hit by a car last year at a game and broke his left arm. I remember reading about it in the Sentinel or online. Nika1 had told me about how security was so beefed up for the game two weeks earlier against USF. The crazy preacher was going to burn Qurans and the stadium was an easy terrorist target. Fortunately, the threat abated and nothing happened, but 400 extra FBI and other federal/state officers were on hand. Good thing, too, because she said it was so brutally hot, people were dropping like flies. The extra security came to the rescue. She asked our friendly officer how he survived the heat. He said he prepares himself the night before by drinking lots of pickle juice. Pickle juice?!Yes, he learned it years ago as a boy growing up on a Gainesville area farm. Fascinating!

Along came the entourage…

Here they come! Nika1 told me head coach Urban Meyer makes his players wear a clean shirt and tie to the game. It instills discipline and shows respect.

If you look to your right in the above picture, you’ll spot Urban, also sporting a tie.

We still had over an hour to go before the doors opened, but we made the best of our time. There was plenty to do, believe me. A lot of vendors are set up all around the stadium. One is the insurance company, Nationwide, handing out small towels to dip in a trough filled with ice and water. You dab your hot face and neck to help stay cool. Fortunately, this was a night game and it wasn’t as hot as a day game.

Finally, we were let in. When I arrived at the bus station and we drove away, I noticed her drawl, but wasn’t completely sure where she was from. Why, right here in Gainesville, born and raised. Aha! At the game, she said she has been a season ticket holder for 36 years. That’s a dedicated Gator! She knew the people who sat around us, obviously, and before the game began, her niece and nephew arrived with their young daughter. They were just as welcoming.

Here’s the view from where we sat. Trust me, there’s no such thing as a bad seat and these were just perfect.

The game was going to begin soon and I came to watch. There’s a lot of history in The Swamp.

I took no pictures of the game. I wanted to see everything with my eyes, not through a camera lens.

It was a thrilling game. The Gators scored first and went on to win 48-14. The announced crowd was over 90,000 people. I had a wonderful and memorable trip, but there was one sad note. When the third quarter ends, it’s tradition to stand and sing together, We are the Boys from Old Florida. It’s sort of like the seventh-inning stretch, only college football. Then, the final quarter began. Within a minute after the song ended and play began, someone collapsed about 4 or 5 rows above and to the left of us. All I could see was someone frantically performing CPR on a person laid out on the bench. I never did see the gentleman. Police officers situated in close proximity jumped into action. Within minutes, a uniformed paramedic arrived and he was taken out. Everyone kept turning to look at the game and what was going on with him. When one officer passed by me, I asked how things had gone. Not so well, he answered. I asked him how old the guy was. He said very old. The officer was probably in his late 30s. When it was quite obvious the Gators had a lock on the game, Nika1 said we should probably leave before the crowd. I agreed, but on the way out, I stopped and asked another officer. I was concerned about the poor man. This officer was about my age. How old was the guy, I asked him. Oh, in his late 50s, early 60s. I guess age is relative depending on who you ask. He said it didn’t look good. The man was not breathing and his heart had stopped.

I want to take a moment to remember Jerry Lee McGriff, of Starke. A true-blue Gator fan, he died watching his beloved team. My sympathies go out to his family and friends. You can read more here.

SOUTHERN HOSPITALITY

When Nika1 and I were enjoying our pre-game lunch together - a lunch, I might add, she refused to let me buy - I mentioned that she must be a very trusting soul. Here I was, a virtual stranger, and she was ready and ever so willing to open her arms in friendship. She even offered me a place to sleep for a few hours until the bus returned at 3:30 am to take me home. She admitted that she is a very trusting person and always has been, but she also said she pretty much knew what sort of character I was from my writing. That’s a nice thing to know, that people trust me. I am harmless, after all, but it goes deeper than that. While Gainesville is a University city with a college, small-town feel, Nika1 exuded friendship and I was welcomed from the moment I stepped off that bus until I left to return to Orlando.

She lives in a very rural town south of Gainesville, and not far from Cross Creek, home of Marjorie Kinnan Rawlings. No? The name doesn’t ring a bell? Yes, it does. She was an author who won a Pulitzer for writing a book, The Yearling. Perhaps, you’ve heard of it.

There’s something inherently romantic about the deep south. That’s why my best friend Stewart and I like to take road trips. Over the many years of living in Florida, I’ve grown to love and admire the pockets of land still left that are truly remnants of Old Florida. Where Nika1 lives is just such a place. It’s something you can’t really explain. Although her house was built in the late 1800s, it’s more of a feeling and you know it when you’re there. It is a step back into a time when post cards and billboards didn’t exist. No roadside attractions. Citrus groves and cattle ranches abounded and you kicked your feet up on the front porch of your homestead at the end of a long day. Along with that is the southern hospitality we’ve all heard about. Nika1 is the embodiment of that, pure and simple. Not only did I have a bed to put my weary feet and head on, she had two books for me to take home, BEYOND THE BODY FARM and DEATH’S ACRE, both written by Dr. Bill Bass and Jon Jefferson. Tucked into one of those books were two tickets to the Gator’s homecoming game against Mississippi State, a game she can’t attend.

When I awoke after a couple of hours sleep, freshly brewed coffee awaited me, along with two breakfast sausage crescents, a banana, an orange juice and a bottle of water for the ride back.

While sitting at the bus stop in the dead of morning, we talked once more about the Rolling murders. She has a real sense of history. She said that the poor girl whose head was separated and posed on a bookshelf was an intern with the Gainesville police department. It was so sickening, seven officers left their jobs after they saw her. You may find it to be an odd thing to discuss, but at just after 3:00 am sitting in a parking lot, you keep your doors locked. So does the whole town because of people like him.

Yup, life is a lot simpler in the land where Nika1 lives. It’s too bad, but even there, she’s got to lock her doors at night.

I rolled into town about a quarter to six. I had practically missed a whole night of sleep, but it was well, well worth it. What better way to lose sleep than over a Gator game spent with a lovely person, surrounded by a cast of thousands? Nika1? I may have just met you, but I feel like we’ve known each other for years.

Tonight, the Gators face #1 ranked Alabama. Good thing it’s a home game, but still, this one scares me. Thank you, Nika1, for everything. Something tells me I know exactly where you are right now, and your TV is already warmed up and ready to go.