Caylee Marie Anthony #160 4/09/10 - 4/28/10

[SunnyinTX]

Sorry if this is a repeat


http://billsheaffer.wordpress.com/2010/04/21/let-it-be/

Legal Analyst Bill Sheaffer on Casey Anthony Case
LET IT BE.
Posted in Latest Posts by William J. Sheaffer on April 21, 2010

Now that the dust is starting to settle from the volcanic reaction to recent events in the Casey Anthony case, this seems the appropriate time to take stock of same,  try to decipher meaning and motives and hopefully calm the troubled waters.

Let’s start by taking a look at the precipitating event which leads us to where we are today, the now infamous invitation by Judge Stan Strickland subsequent to an October, 2009 hearing, to one David Knechel to approach the bench.  At that time, in open court, with television cameras rolling, Judge Strickland offered recognition and a compliment to Mr. Knechel (known to most as Marinade Dave) for some earlier blogs Mr. Knechel had published about the subject case.  For those who do not know this, Mr. Knechel, under the pseudonym of Marinade Dave, regularly writes and publishes a WordPress blog about a range of topics, but, primarily about missing and murdered women and children.  So a trip to the bench for a brief public exchange: harmless enough, right?  Well, not really.  The problem seems to lie in that several of the blogs to which the Judge referenced his compliment contained remarks by Mr. Knechel critical of the Defendant and the Defense team.

Whether the criticisms had merit is not the point.  The issue is really quite narrow:  could a reasonable person construe the Judge’s remarks to Mr. Knechel as a ratification of his criticisms of the Defendant and her Defense team?  And, if so, would a reasonable person then conclude that such ratification evinced a prejudice or bias either for the State of Florida, or against the Defendant and her lawyers?  Again, if so, then the conclusion could be drawn that the Defendant could be deprived of  her constitutional right to a fair trial.  The upshot is that the beliefs and any conclusions drawn here, lie not with anyone  but the Defendant, herself.

 That leads us to a discussion as to the  propriety of the Defense attorneys filing a motion to disqualify Judge Strickland.  Upon learning of the above incident, the Defense had no alternative but to disclose it to their client, Casey Anthony, and discuss with her the effect of same upon her, and, whether she still held the belief that she could receive a fair trial with Judge Strickland.  If Casey Anthony reasonably feared that she could not, her Defense counsel is left with no other choice by to file a motion to disqualify the trial judge.  Why is there no choice?  Because, in the event that Ms. Anthony is convicted of murder, sentenced to death, and loses her first round of appeals, then subsequent appellate lawyers would attack the competency of her trial lawyers for their failure to raise the issue.  Ultimately, if this attack were successful it would result in a reversal of her conviction and a new trial for Casey Anthony.

This inexorably leads us to discuss the contents of the subject motion to disqualify trial judge.  Therein lies one’s sense of disappointment,  and  a cause to levy criticism and rebuke.  The motion to disqualify trial judge needed only to have addressed the narrow issue which I earlier defined.  The evidence offered in the motion on that issue alone would have been found to have been legally sufficient, and should have achieved the desired result.  However, it is the inclusion of all of the rest of what can only be described as vicious, scurrilous, vituperative, condemnatory and patently mean-spirited, together with unsubstantiated and untrue allegations which  subjects this pleading to the harshest of criticism.  What is it about this case that causes otherwise good people to act with such toxicity, and attack with utter disregard of the consequences, the character of a man like Judge Strickland?  I don’t have an answer, perhaps some of you do.

At this point, we have to address Judge Strickland’s order.  Usually when a judge grants a motion to recuse or disqualify, it is done without comment or opinion.  This order, granting the defense motion, however, contained an opinion, causing some in the legal community to wonder about, if not view with a critical eye the prose contained in said opinion.  In ruling on a motion to disqualify, a judge is only to pass on the legal sufficiency of the motion and cannot defend, dispute, or put into context the allegations contained in the motion.  He cannot call a press conference to do this either.  In this instance,  the judge, granted the motion with an opinion, which obviously was in defense of his character.  Certain law school instructors leveled some criticism at Judge Strickland for that.  But perhaps it would serve those to remember that Stan Strickland is not only a circuit court judge, but also a husband and a father, whose children live, go to school and work in our community.  Judge Strickland has given back to and served the citizens of the state of Florida not only through his civic contributions, but also through public service and sacrifice of financial gain, in the furtherance thereof.   I would assert that he should be expected to respond to a wholesale attack and vicious characterization  that goes to the very essence of his being.  Perhaps these same law school instructors might want to consider how they would react if they, themselves, were the subject of such a personal attack, and it was instead, their wives, children, parents, friends and colleagues who had to deal with the consequences and the aftermath.

Finally, in looking back, should we castigate Marinade Dave for blogging? Judge Strickland for extending a compliment?  The Defense for filing the motion to disqualify (which, again, they were obliged to do)? Or, Judge Strickland, again,  for the content of his order?  No.  The prosecution of Casey Anthony will not be impacted by this series of recent events, nor will the ends of justice be subverted.  And, in the end, the jury will reach a just verdict based upon the evidence presented at trial.  So, in the words of Paul McCartney and the Beatles, “Let It Be”.

WJS

[trimmonthelake]

http://humbleopinionforum.net/2010/04/22/is-andrea-lyons-the-leak-of-the-motions/
Written on 22 April 2010 at 01:00 by humbleopinion
Is Andrea Lyons the leak of the motions?

[SunnyinTX]

Is Andrea Lyons the leak of the motions?
Filed under Casey Anthony 8 comments

Taking a look at the motions [Thanks Gracie!], they seem to have some errors in them.

It is a wonder these were leaked to the media right after Judge Strickland recused himself from this case. All of these have the Hon. Stan Strickland in the corner, and all are SIGNED by Andrea Lyons.  Makes you wonder where the leak is, doesn’t it?  You would think that one would be smart enough to fax/deliver to the media before the signing of ones name. Guess not in this case!

Motion to Declare Florida Statute 921/141 Unconstitutional for Inadequate Appellate Review. Read the document.

The Motion to Preclude the State’s Impermissible, Gender Biased, Request for Imposition of the death penalty, read the document.

Defendants Motion for Protective Order with Respect to Penalty Phase Discovery, read the document.

Now on to the Second Motion to Preclude Death Procedures for Impermissible Prosecutorial Motives.  Some pretty interesting things in this one. They have Caylee remains being found on 11 December 2009.  We know she was found on 11 December 2008, why don’t they?  Yea it could be a fat finger typing these up, but come on they are leaked motions.  In this motion to fail to list all the money that Miss Anthony had. They have her claiming $205,000 for her defense, but fail to list the money that Todd Macaluso donated $70,000 nor is there any mention of the $70,000 DePaul University Law Clinic had raised in donations.   I wonder how much other money they won’t be adding.  Read the document.

After reading these documents, they have the attorney order as J Cheney Mason, Andrea Lyons, then Jose Baez. I assume these are the order of this defense team which would make it that Baez is not the lead attorney for the defense.

They sure want the death penalty off the table, but if Casey can lie and steal, she sure can kill!


http://humbleopinionforum.net/2010/04/22/is-andrea-lyons-the-leak-of-the-motions/

[SunnyinTX]

http://www.wftv.com/news/23225067/detail.html
Casey Handwriting Analysis Could Be Released
Posted: 5:49 pm EDT April 21, 2010
ORLANDO, Fla. -- In the case against Casey Anthony, records involving an FBI handwriting expert could be released later this week.

Court records show the defense requested records concerning Lorie Gottesman, who works at the FBI lab in Quantico, Virginia. Her resume shows she compares handwriting to determine authenticity.

Dozens of letters Casey wrote to inmate Robyn Adams, whom she befriended at the Orange County jail, were released two weeks ago and Casey's family just handed over her journal to investigators.

Ummm....dont they know that they have at last one sample (her diary) in their possession locked up conveniently with Conman as well as other writings that they could have the answer to that themselves.   They know its her jail house writings by the statements they made....unless they are questioning other things she was said to have written.

Maura over at Hinkymeter wrote that Lorie Gottesman is the FBI lab person whose prints accidently got on a piece of evidence in this case.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
» Maura  said: { Apr 21, 2010 - 07:04:55 }

WFTV: “Court records show the defense requested records concerning Lorie Gottesman, who works at the FBI lab in Quantico, Virginia. Her resume shows she compares handwriting to determine authenticity.”

Lorie Gottesman is also the FBI analyst whose DNA got on the duct tape.
http://www.thehinkymeter.com/2010/04/20/when-an-angel-pees-down-your-touch-hole/#comments

hi Karma...and thanks!!!

[SunnyinTX]

http://humbleopinionforum.net/2010/04/22/is-andrea-lyons-the-leak-of-the-motions/
Written on 22 April 2010 at 01:00 by humbleopinion
Is Andrea Lyons the leak of the motions?

oopppppppsssssss sorry trim, I posted it too!! 

[Cappuccino]

http://www.wftv.com/news/23225067/detail.html
Casey Handwriting Analysis Could Be Released
Posted: 5:49 pm EDT April 21, 2010
ORLANDO, Fla. -- In the case against Casey Anthony, records involving an FBI handwriting expert could be released later this week.

Court records show the defense requested records concerning Lorie Gottesman, who works at the FBI lab in Quantico, Virginia. Her resume shows she compares handwriting to determine authenticity.

Dozens of letters Casey wrote to inmate Robyn Adams, whom she befriended at the Orange County jail, were released two weeks ago and Casey's family just handed over her journal to investigators.

Ummm....dont they know that they have at last one sample (her diary) in their possession locked up conveniently with Conman as well as other writings that they could have the answer to that themselves.   They know its her jail house writings by the statements they made....unless they are questioning other things she was said to have written.

Maura over at Hinkymeter wrote that Lorie Gottesman is the FBI lab person whose prints accidently got on a piece of evidence in this case.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
» Maura  said: { Apr 21, 2010 - 07:04:55 }

WFTV: “Court records show the defense requested records concerning Lorie Gottesman, who works at the FBI lab in Quantico, Virginia. Her resume shows she compares handwriting to determine authenticity.”

Lorie Gottesman is also the FBI analyst whose DNA got on the duct tape.
http://www.thehinkymeter.com/2010/04/20/when-an-angel-pees-down-your-touch-hole/#comments

O tks, well we know where that attempt is going

[KarmaRoundUp]

http://www.wftv.com/news/23225067/detail.html
Casey Handwriting Analysis Could Be Released
Posted: 5:49 pm EDT April 21, 2010
ORLANDO, Fla. -- In the case against Casey Anthony, records involving an FBI handwriting expert could be released later this week.

Court records show the defense requested records concerning Lorie Gottesman, who works at the FBI lab in Quantico, Virginia. Her resume shows she compares handwriting to determine authenticity.

Dozens of letters Casey wrote to inmate Robyn Adams, whom she befriended at the Orange County jail, were released two weeks ago and Casey's family just handed over her journal to investigators.

Ummm....dont they know that they have at last one sample (her diary) in their possession locked up conveniently with Conman as well as other writings that they could have the answer to that themselves.   They know its her jail house writings by the statements they made....unless they are questioning other things she was said to have written.

Maura over at Hinkymeter wrote that Lorie Gottesman is the FBI lab person whose prints accidently got on a piece of evidence in this case.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
» Maura  said: { Apr 21, 2010 - 07:04:55 }

WFTV: “Court records show the defense requested records concerning Lorie Gottesman, who works at the FBI lab in Quantico, Virginia. Her resume shows she compares handwriting to determine authenticity.”

Lorie Gottesman is also the FBI analyst whose DNA got on the duct tape.
http://www.thehinkymeter.com/2010/04/20/when-an-angel-pees-down-your-touch-hole/#comments

hi Karma...and thanks!!!

Hi Sunny & Trimm
 

[KarmaRoundUp]

http://www.wftv.com/news/23225067/detail.html
Casey Handwriting Analysis Could Be Released
Posted: 5:49 pm EDT April 21, 2010
ORLANDO, Fla. -- In the case against Casey Anthony, records involving an FBI handwriting expert could be released later this week.

Court records show the defense requested records concerning Lorie Gottesman, who works at the FBI lab in Quantico, Virginia. Her resume shows she compares handwriting to determine authenticity.

Dozens of letters Casey wrote to inmate Robyn Adams, whom she befriended at the Orange County jail, were released two weeks ago and Casey's family just handed over her journal to investigators.

Ummm....dont they know that they have at last one sample (her diary) in their possession locked up conveniently with Conman as well as other writings that they could have the answer to that themselves.   They know its her jail house writings by the statements they made....unless they are questioning other things she was said to have written.

Maura over at Hinkymeter wrote that Lorie Gottesman is the FBI lab person whose prints accidently got on a piece of evidence in this case.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
» Maura  said: { Apr 21, 2010 - 07:04:55 }

WFTV: “Court records show the defense requested records concerning Lorie Gottesman, who works at the FBI lab in Quantico, Virginia. Her resume shows she compares handwriting to determine authenticity.”

Lorie Gottesman is also the FBI analyst whose DNA got on the duct tape.
http://www.thehinkymeter.com/2010/04/20/when-an-angel-pees-down-your-touch-hole/#comments

O tks, well we know where that attempt is going

You're welcome Cappy

[Cappuccino]

http://humbleopinionforum.net/2010/04/22/is-andrea-lyons-the-leak-of-the-motions/
Written on 22 April 2010 at 01:00 by humbleopinion
Is Andrea Lyons the leak of the motions?

Denoted this the other day that she was the only one that signed it nor was it dated.   Even if she states that her law students are researching & typing motions, briefs, etc., it is still her responsibility (the team actually) to go over what they are intending to file with the Court.  The next hint was a motion based on an argument of gender bias that oozed the koolaid drinking garbage Lyons spews in her zealous attempt to abolish the death penalty in this country.   It did not appear received by the court the day the motion was available to be read.   This is not a first that certain media reps were handed an advanced copy.   I have a distinct feeling that these incidents will be addressed as improper and/or unacceptable in the very near future 

[Cappuccino]

Motion to Declare Florida Statute 921/141 Unconstitutional for Inadequate Appellate Review

In case anyone was not sure what this is, it is the statute that addresses the separate proceeding to consider the death penalty upon conviction/adjudication.

IMHO, a complete waste of time

[trimmonthelake]

http://humbleopinionforum.net/2010/04/22/is-andrea-lyons-the-leak-of-the-motions/
Written on 22 April 2010 at 01:00 by humbleopinion
Is Andrea Lyons the leak of the motions?

Denoted this the other day that she was the only one that signed it nor was it dated.   Even if she states that her law students are researching & typing motions, briefs, etc., it is still her responsibility (the team actually) to go over what they are intending to file with the Court.  The next hint was a motion based on an argument of gender bias that oozed the koolaid drinking garbage Lyons spews in her zealous attempt to abolish the death penalty in this country.   It did not appear received by the court the day the motion was available to be read.   This is not a first that certain media reps were handed an advanced copy.   I have a distinct feeling that these incidents will be addressed as improper and/or unacceptable in the very near future 

I believe so too.   

[Ono]

Thank you for all of the links & updates!;  [ had not seen Mr. Shaeffer's latest commentary & truly appreciate the post! -- as always, he is a calm port in the storm ].

[SunnyinTX]

Thank you for all of the links & updates!;  [ had not seen Mr. Shaeffer's latest commentary & truly appreciate the post! -- as always, he is a calm port in the storm ].

That he is  and I am soooooo glad he brought out that marinadebrain DID NOT BRING DOWN Judge Strickland...ohmygawd, I was getting so tired of reading him say that.......

So............I can't wait to see the demeanor of the DUHfence at the next hearing.

and I have looked all over and still can't find any statements for the DUHfence about JS stepping down and JP stepping up......they must still be looking for fresh underwear.

[SunnyinTX]

http://humbleopinionforum.net/2010/04/22/is-andrea-lyons-the-leak-of-the-motions/
Written on 22 April 2010 at 01:00 by humbleopinion
Is Andrea Lyons the leak of the motions?

Denoted this the other day that she was the only one that signed it nor was it dated.   Even if she states that her law students are researching & typing motions, briefs, etc., it is still her responsibility (the team actually) to go over what they are intending to file with the Court.  The next hint was a motion based on an argument of gender bias that oozed the koolaid drinking garbage Lyons spews in her zealous attempt to abolish the death penalty in this country.   It did not appear received by the court the day the motion was available to be read.   This is not a first that certain media reps were handed an advanced copy.   I have a distinct feeling that these incidents will be addressed as improper and/or unacceptable in the very near future 

yes, that was denoted by many..it was oh so obvious to anyone looking at it

[no rose colored glasses]

Alright, where is our doc dump? 

[Cappuccino]

http://humbleopinionforum.net/2010/04/22/is-andrea-lyons-the-leak-of-the-motions/
Written on 22 April 2010 at 01:00 by humbleopinion
Is Andrea Lyons the leak of the motions?

Denoted this the other day that she was the only one that signed it nor was it dated.   Even if she states that her law students are researching & typing motions, briefs, etc., it is still her responsibility (the team actually) to go over what they are intending to file with the Court.  The next hint was a motion based on an argument of gender bias that oozed the koolaid drinking garbage Lyons spews in her zealous attempt to abolish the death penalty in this country.   It did not appear received by the court the day the motion was available to be read.   This is not a first that certain media reps were handed an advanced copy.   I have a distinct feeling that these incidents will be addressed as improper and/or unacceptable in the very near future 

yes, that was denoted by many..it was oh so obvious to anyone looking at it

Obviously

[KittyMom]

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-handwriting-20100422,0,5595910.story

 The State Attorney's office will release another batch of discovery on Friday morning in the capital murder case against Casey Anthony.
 

Bring it on. 

[Cappuccino]

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-handwriting-20100422,0,5595910.story

 The State Attorney's office will release another batch of discovery on Friday morning in the capital murder case against Casey Anthony.
 

Bring it on. 

What she said 

[SunnyinTX]

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-handwriting-20100422,0,5595910.story

 The State Attorney's office will release another batch of discovery on Friday morning in the capital murder case against Casey Anthony.
 

Bring it on. 

Agree....bring it on.....gotta get everything dome today now for certain!!

[TURBOTHINK]

I don't understand this "order of protection" that Lyons filed for CA. I have read and re-read it and it is referring to the sentencing stage "if/when" she is convicted. Can anyone explain that to me?

Is she saying that they expect her to be convicted and don't want her to be there or don't want her to speak or what?