Caylee Marie Anthony #172 9/26/20 - 10/14/10

[no rose colored glasses]

This will never stop 

Hi nrcg...I am beginning to think the same way....it's starting to look at though some people are more concerned with their score sheet, than justice

Unfortunately that is the way it is, can you tell my faith in the judicial system goes down a few points everyday? I'm sick of the BS.

[Ono]

Casey's “Public Record” Exception
By Richard Hornsby
What this obviously means for Casey Anthony is that she no longer has a legitimate excuse not to see or speak with her parents, as the ruling's holding would apply to both video and audio recordings. Or would she? .


In an interesting twist, the Fourth District Court of Appeals issued Bent v. Sun-Sentinel (PDF), which held that an accused  inmate’s phone conversations were not “public records” within the meaning of Florida’s public records law, and thus were not subject to being released to the media.
Far Reaching Implications

This ruling obviously has very far reaching implications, as its reasoning applies equally as well to Casey’s written letters, if obtained and copied by corrections. However, I do not think it applies to the jail’s visitor log, but as I explain below, I think they have a legitimate argument that it does.
No More Excuses?

What this obviously means for Casey Anthony is that she no longer has a legitimate excuse not to see or speak with her parents, as the ruling’s holding would apply to both video and audio recordings. Or would she?

What will remain to be seen is whether this ruling would prohibit the State Attorney’s Office, as opposed to the jail, from releasing the recordings in discovery.
The Practical Fall Out

The practical application of this ruling is that the ability of the State Attorney to release the information will depend on whether the recordings were turned over to the State and the State then decided that they might possibly use the recordings as evidence.

I believe that the State’s ability to release the tapes would depend on whether the recordings realistically held any evidentiary value. For example, if it is just Casey chatting with a friend who is uninvolved with the case, the recordings would not be subject to release.

On the other hand, if it was a recording of Casey talking to a witness in the case, say her mother or father, it might be subject to release if the recording held potential evidentiary use at trial. If the recording was of no evidentiary value, the recording would not be subject to release not withstanding that the person whom Casey was speaking to was a witness in the case.
A Big IF

More than likely what will happen is that Judge Perry would have to make a case-by-case decision on whether to release recordings the State obtained from the jail – IF Casey were to resume contact with her parents.
Expect a Renewed Argument

So expect the defense to file a Motion first thing next week to enforce the Bent v. Sun-Sentinel ruling in Casey’s case.

But also expect the defense to grasp on to the below underlined language from the Bent v. Sun-Sentinel case:

    The expectation that a deputy or state attorney may listen to a call is very different from an expectation that anyone and everyone could listen to the calls. Sensitive or embarrassing information, or information that would otherwise be confidential, like financial information of the inmate or the person called, could be disclosed to the public. Treating the recordings as public records allows anyone to request the recorded calls. Moreover, an accused child should be able to consult with a parent without the communication becoming a public record.

I suspect that the defense will argue this reasoning applies equally as strong to their contention that her defense team’s visitation log should not be subject to disclosure either, because just like the minor accused defendant in the Bent case, Casey’s attorneys will argue that she should be able to communicate with her attorneys (and order bras) without the occurrences becoming public record.

I also suspect that Judge Perry might be inclined to rule in their favor as it applies to the visitation logs, but what ultimately will need to happen is the defense act like real attorneys, and instead of whining to judge Perry, they instead file a Writ of Certiorari (basically an interlocutory appeal) like the “defense attorneys” in Bent did and ask the Fifth District Court of Appeals to define what is a public record as it applies to the Casey Anthony case.

p.s. Some of you budding legal eagles may have noticed that the Fourth District Court of Appeals issued the Bent opinion and surmised that it is not binding on the Casey Anthony case since the Fifth District Court of Appeals has jurisdiction over her case.

If this is what you believed, you would be wrong. As a District Court opinion on an issue of first impression is binding on all circuit courts unless and until another District Court issues a contrary opinion. See Pardo v. State, 596 So. 2d 665 (Fla. 1992). If a District Court were to issue a contrary ruling, the Florida Supreme Court would then have “conflict” jurisdiction to decide the issue once and for all.

http://blog.richardhornsby.com/

thanks N2..once again RH posts something that reinforces my feeling he is 'helping' BOZO.....Thanks RH.....but remember Karma is a bitch!

Good Morning Monks!!

Hi Sunny~  I've felt the same since he first entered the media scene.

[Cappuccino]

Today, InSession is covering(pre-recorded) a murder trial in Orlando. Actual trial was in July or August.
20 year old John Hawthorne found guilty for 2nd degree murder of a homeless man.

Maximum sentence was life......the 20 yr old was sentenced to 38 years, by
Chief Judge Belvin Perry

Ive been very busy but came on to post the same thing-opening statements and the defense atty was just sustained for telling the jury that "he was not allowed to talk to his client" which Chief Justice Belvin Perry sustained after an objection.    Im going to be keeping an eye on this murder trial as well.    Also, the Anna Nicole Smith trial is coming to a close & an eye out for that heinous murder/rape/arson case verdict.   I have a bit of catching up to do on the Anthony case this week.

[Ono]

Keep us posted!   

[trimmonthelake]

Hey Monkeys.   

http://www.myfoxorlando.com/dpp/news/anthony_case/100410-defense-pours-over-records
Anthony defense pouring over records

Updated: Monday, 04 Oct 2010, 11:35 AM EDT
Published : Monday, 04 Oct 2010, 11:00 AM EDT

ORLANDO, Fla. (WOFL, FOX 35) - The founder of the Texas EquuSearch volunteer group says the defense's request to search his organizations records is a 'waste of time.'

The defense team for Casey Anthony will spent Monday pouring over those records from the volunteer group.

Anthony is accused of murdering her daughter whose remains were found in late 2008.
Texas Equusearch conducted several searches for the missing toddler after she was reported missing in June of 2008. One of the areas the group searched was the wooded area where the little girl's remains were eventually found.

The defense team filed several motions before Chief Judge Belvin Perry agreed to allow them to look at the records. Court appointed Magistrate Jim Glatt will oversee the process.

Texas Equusearch founder Tim Miller said Monday however that the defense's request to look at his group¿s records is a 'waste of money and time.'

"It's certainly not going to help the defense's case at all," Miller said.

Speculation is that the defense is interested in knowing if anyone could have searched the area where the girl's remains were found prior to December 2008 when they were found by an Orange County meter reader.

"It was impossible for that area to be cleared," Miller said. "That area was definitely under water. Everybody in that area stated so on their forms."

Video at link

[Northern Rose]

InSession/TruTV is no longer carried by satellite into Canada.  I have called Bell and complained and they have said they need more complaints to reconsider.  I will not be able to watch the trial next year now and do appreciate any updates from those who still have the pleasure of viewing. 

[SunnyinTX]

If I have a job by then I'll probably tape it.....if I can figure out how to tape cd's on my DVR ...if I haven't sold my DVR by then

Hopefully everyday we will be able to post the daily highlights.  I know many will not be able to watch the trial...so I was going to check with Klaas and see if it would be OK to post a separate thread daily on that days highlights....

[trimmonthelake]

http://www.wftv.com/news/25273276/detail.html
Casey's Defense Examines EquuSearch's Records
Posted: 1:09 pm EDT October 4, 2010Updated: 1:35 pm EDT October 4, 2010
ORANGE COUNTY, Fla. -- Casey Anthony's lawyers were looking over all of Texas EquuSearch's records Monday. The defense says some volunteers claim to have searched the area where Caylee Anthony's body was found months earlier and found nothing, which could prove someone else is the murderer.

VIDEO REPORT:  Lawyers Reviewing Records http://www.wftv.com/video/25272624/index.html
It took the defense two hours to go over EquuSearch records. They are trying to find volunteers who said they searched the area where Caylee's body was found. The volunteers searched in August and September of 2008, which was months before Caylee was found.

Texas EquuSearch said the area where she was found, along with the area near Suburban Drive near the high school that Casey went to and where she and her friends used to hang out, were underwater at the time of the search.

Thirty-two volunteers were reported to be in the areas, but defense attorneys believe there were more. They want to try to prove that Caylee's body was not placed in the wooded area until after October 2008, when Casey was locked up on no bond, therefore proving that Casey could not have put her body there.

"We knew that we was over 3-foot-deep you know down 80 feetaway from where Caylee's body was found. And that's when I made that decision to suspend the search. I didn't say we was cancelling, I said suspend the search," Tim Miller of EquuSearch said.

The defense said they spent the morning calling the volunteers, asking if they searched the Suburban Drive area. If they did, the defense will ask Judge Belvin Perry for the records in order to have copies and to further examine the possible witnesses.
It would be a two-day process and they will have to convince Judge Perry that the witnesses are relevant to the case.

[Cappuccino]

O/T    Judge has called in the jury in the Connecticut case for the Petit family murders/rapes/arson - 17 counts decided in just about 2 hours, my prediction GUILTY on all 17 counts-DP phase to follow

[Cappuccino]

If I have a job by then I'll probably tape it.....if I can figure out how to tape cd's on my DVR ...if I haven't sold my DVR by then

Hopefully everyday we will be able to post the daily highlights.  I know many will not be able to watch the trial...so I was going to check with Klaas and see if it would be OK to post a separate thread daily on that days highlights....

The major local outlets will probably have videos posted every evening

[Cappuccino]

InSession/TruTV is no longer carried by satellite into Canada.  I have called Bell and complained and they have said they need more complaints to reconsider.  I will not be able to watch the trial next year now and do appreciate any updates from those who still have the pleasure of viewing. 

You can probably watch online, as most local outlets will cover it- also check out Foxnews.com, they have a news stream that you can even show on your desktop with an icon for easy access with several viewing options daily-this trial will probably be covered on it gavel to gavel-float around that website to find how to download it

[Cappuccino]

O/T    Judge has called in the jury in the Connecticut case for the Petit family murders/rapes/arson - 17 counts decided in just about 2 hours, my prediction GUILTY on all 17 counts-DP phase to follow

Foxnews had it behind-they began deliberations after a foreman was assigned-deliberating now

[N2WISHN]

thanks N2..once again RH posts something that reinforces my feeling he is 'helping' BOZO.....Thanks RH.....but remember Karma is a bitch!

Good Morning Monks!!

I'm surprised he hasn't joined the defense team yet. He certainly is full of suggestions to help the defense side track, waste the courts time and cost the taxpayers more money.

[loca]

InSession/TruTV is no longer carried by satellite into Canada.  I have called Bell and complained and they have said they need more complaints to reconsider.  I will not be able to watch the trial next year now and do appreciate any updates from those who still have the pleasure of viewing. 

You can probably watch online, as most local outlets will cover it- also check out Foxnews.com, they have a news stream that you can even show on your desktop with an icon for easy access with several viewing options daily-this trial will probably be covered on it gavel to gavel-float around that website to find how to download it

NorthernRose
you are in canada? anyways I am going to record the whole thing! I am not that electronic savie so I think I will practice before hand. have a great day rose

[loca]

thanks N2..once again RH posts something that reinforces my feeling he is 'helping' BOZO.....Thanks RH.....but remember Karma is a bitch!

Good Morning Monks!!

I'm surprised he hasn't joined the defense team yet. He certainly is full of suggestions to help the defense side track, waste the courts time and cost the taxpayers more money.

I am surprsied that hornsby is thorwing out hints for the defense. I get the feelings that he covets being on that case!!

[loca]

If I have a job by then I'll probably tape it.....if I can figure out how to tape cd's on my DVR ...if I haven't sold my DVR by then

Hopefully everyday we will be able to post the daily highlights.  I know many will not be able to watch the trial...so I was going to check with Klaas and see if it would be OK to post a separate thread daily on that days highlights....

The major local outlets will probably have videos posted every evening

Oh what a great idea!! I hope she goes for it! I dont see why not!1 awesome idea!!!! 

[SunnyinTX]

thanks N2..once again RH posts something that reinforces my feeling he is 'helping' BOZO.....Thanks RH.....but remember Karma is a bitch!

Good Morning Monks!!

I'm surprised he hasn't joined the defense team yet. He certainly is full of suggestions to help the defense side track, waste the courts time and cost the taxpayers more money.

Me too.....bet he would have loved to have been asked to join the nightmare team.....

[SunnyinTX]

thanks N2..once again RH posts something that reinforces my feeling he is 'helping' BOZO.....Thanks RH.....but remember Karma is a bitch!

Good Morning Monks!!

I'm surprised he hasn't joined the defense team yet. He certainly is full of suggestions to help the defense side track, waste the courts time and cost the taxpayers more money.

I am surprsied that hornsby is thorwing out hints for the defense. I get the feelings that he covets being on that case!!

LOL...I think he tries to point how how smart he is vs how stupid BOZO is....

[SunnyinTX]

If I have a job by then I'll probably tape it.....if I can figure out how to tape cd's on my DVR ...if I haven't sold my DVR by then

Hopefully everyday we will be able to post the daily highlights.  I know many will not be able to watch the trial...so I was going to check with Klaas and see if it would be OK to post a separate thread daily on that days highlights....

The major local outlets will probably have videos posted every evening

Oh what a great idea!! I hope she goes for it! I dont see why not!1 awesome idea!!!! 

I don't think she will object but I always like to show her respect and ask her first.....many of us will not be able to watch it daily even if it is recorded any yes the networks will have videos etc....but again, some who work and have lives will not be able to watch it all....so I think a daily recap thread with NO DISCUSSION would be an asset for all of us.

[Scatty]

InSession/TruTV is no longer carried by satellite into Canada.  I have called Bell and complained and they have said they need more complaints to reconsider.  I will not be able to watch the trial next year now and do appreciate any updates from those who still have the pleasure of viewing. 

Hopefully you'll be able to watch it online. If it's not carried live by one of the Florida news websites, it'll probably show up on YouTube in installments.