Caylee Marie Anthony #152 11/20/09 - 12/09/09

[monkalicious]

Good morning, monkeys!  I am so looking forward to Friday's motions hearing. I've cleared my schedule and can't wait to hang from the nearest branch with all of you.  I'm a little concerned that George and Cindy are going to pull something to get out of this.  (Possibly Brad's back again?)  They've been waaayyy too quiet, and usually that's the "bat" signal that an explosion of some sort is on its' way.  I hope beyond hope that they are put on the stand, arrogance intact, and the Honorable Judge Stan, in concert with Linda D-B, just explains some home truths to them.  (Sigh.  A girl can dream, can't she?)
At any rate, thanks to all monkeys for the updates and fab commentary.  (I'm trying to sandwich Monkey Time into a tight "getting ready for Christmas" schedule.  There just doesn't seem like there's enough time for everything, but it always works out.)
 

[monkalicious]

Casey ending up with a Lawyer like  Baez = Karma...

And Karma is a "spiteful b****", you know.
 

[ddex]

Good morning.  Makes sense that Joy would be questioned again (if true). They have had time to go thru her computer.

[SunnyinTX]

I don't know if this has been posted, but Wow, is all I can say, just Wow!
Joy Wray news?
www.youtube.com/watch?v=EDJWo8rUDpM

she sure is full of herself!

and something else as well   

Good Morning one and all!!  Searching....   can you imagine having to try to make some sense of her??? I feel sorry for the detectives!!

[SunnyinTX]

Is anyone keeping track of the number of motions Baez has filed. It seems like hundreds, many hundreds.

thats an interesting question I would be curious as to how many.

I'll bet trim can tell ya!!

[SunnyinTX]

Thanks, Sunny!  ITA about Caylee being worth more to KC alive than dead, with leverage being the key word.  I never thought about the cadaver dog hits being related to Cindy taking items from the car and airing them out though.  Tell your friend I am impressed!     That makes perfect sense considering she wouldn't have had room to lay them out in the garage per her own words that it was a tight squeeze.  She certainly wouldn't have put them directly into her washer, as neat/clean/organized as her house and garage appear to be.  Ooohhh, just had a thought!   This reminded me about how many pool pics we saw of the A's playing with Caylee and them talking about Caylee and the pool.  Thinking back to how out of character it seemed to be for George and Cindy to let the pool maintenance go.  Now, I'm wondering if Cindy tried to rinse those car items off in the pool and laid them in the grass to dry/air out while she tried to figure out how to clean up the mess.  That would explain why the normally fastidious A's let their prized pool become stagnant...perhaps they developed an aversion to cleaning and using their pool.  I'd almost be willing to bet that's what happened.  Which leads me to a second thought. The cadaver dogs did not hit on the pool ladder.  If Caylee had drowned in the pool wouldn't there have been some DNA/Decomp evidence on the ladder itself? There would have only been two ways to get Caylee out of the pool.  KC would have had to go in and retrieve her and either pull her over to the side and hoist her over or carry her up the ladder and possibly back down the outside.  If she drowned Caylee in the pool, the same would apply.  I'm thinking your friend correctly called those backyard decomp hits, Sunny.  *we need an award or gold medal monkey*  Thank you for sharing! 

Good Morning ISpy...I doubt it there would be decomp on the ladder if she drown in ther and kc pulled her out....as far as DNA I would imagine there would be from everyone who used the pool?  I do think there is a reason they A's let the pool go.....either they knew or thought that perhaps Caylee died there or as you said cindy might have thrown the article from KC's car in there....but I do agree some event made them stop keeping the pool up.

[SunnyinTX]

Good Morning trim!!

[Northern Rose]

Good morning.  Makes sense that Joy would be questioned again (if true). They have had time to go thru her computer.

I hope who ever was tasked with going through her computer has some therapy  made available to them 

[tupelohoney]

http://sprocket-trials.blogspot.com/2009/12/casey-anthony-hearing-friday-december.html

Sunday, December 6, 2009
Casey Anthony: Hearing Friday, December 11, 9:30 AM and a good deal of Motion Sickness

[SunnyinTX]

http://sprocket-trials.blogspot.com/2009/12/casey-anthony-hearing-friday-december.html

Sunday, December 6, 2009
Casey Anthony: Hearing Friday, December 11, 9:30 AM and a good deal of Motion Sickness

Morning tupelo......thanks for posting this...super good article IMO....I think we need to post it on SM...I had no idea there were so many motions that had still NOT been ruled on!!

[no rose colored glasses]

Good morning.  Makes sense that Joy would be questioned again (if true). They have had time to go thru her computer.

I hope who ever was tasked with going through her computer has some therapy  made available to them 

That one you tube she made saying she was going to be on Geraldo's show, was she being delusional? I think she is very delusional, and I wish she were hospitalized and put on proper medication. This is not going to end well, and I think she is just being used by the defense, which makes me ill ,taking advantage of a mentally ill person 

[Northern Rose]

http://sprocket-trials.blogspot.com/2009/12/casey-anthony-hearing-friday-december.html

Sunday, December 6, 2009
Casey Anthony: Hearing Friday, December 11, 9:30 AM and a good deal of Motion Sickness

Morning tupelo......thanks for posting this...super good article IMO....I think we need to post it on SM...I had no idea there were so many motions that had still NOT been ruled on!!

Casey Anthony: Hearing Friday, December 11, 9:30AM and a good deal of Motion Sickness

This Friday, December 11, is the next motion hearing for Casey Anthony. It is looking to be another humdinger. George and Cindy Anthony, as well as their attorney, Brad Conway, have been subpoenaed to testify. It isn't clear if they have been subpoenaed by the prosecution or the defense. It isn't clear either precisely for which motion their testimony will be needed.

A good guess is that the defense is going to ask George and Cindy about their inability to visit their daughter, Casey, while she's been incarcerated in the Orange County Jail. Unfortunately, the Anthonys don't have a good record when they testify. Their testimony at Casey's bond hearing last year yielded no results. George Anthony was unable to convince the judge that their sensitivities should be respected concerning Caylee's autopsy results. Finally, at the recent hearing when George Anthony got on the stand to discuss the Padilla & Co. situation, his testimony again failed to convince the judge to bar their testimony.

As for Brad Conway's subpoena, your guess is as good as mine.

Two of the motions to be discussed at the hearing Friday concern videotaping of jail visits and attorney visits couldn't be heard at the last hearing since Baez & Co. had noticed the OCSO instead of the jail authorities:

MOTION TO DESTROY VIDEOS OF FAMILY VISITS
http://www.cfnews13.com/uploadedFiles/Stories/Local/Defendant

MOTION TO PROHIBIT VIDEOTAPING ATTORNEY VISITS
http://www.cfnews13.com/uploadedFiles/Stories/Local/Defendant

The defense has tried before to have family videos sealed. Now, they want them destroyed as well. Based on the Judge Strickland's previous decision, he will not go against jail policy concerning these videos. Anyway, it is clear that all the previous visits were watched real-time by investigators on the case. Those videos could be used as evidence based on their contents. Likewise, the judge refused to go against jail policy to allow the family a private, unrecorded, session for the family to hold an intimate "service" for Caylee.

The problem here is that the Anthony family has serious dysfunction. Looking at any of the early visits last summer clearly show the problems that exist. I they were able to carry on normal, everyday conversation, the media would soon lose interest in their comments. It is difficult to imagine these people not having to vent their issues during any visit.

Concerning the previous visits, Jose Baez is quoted in an article on WESH.

Baez also said he hopes the defense can persuade Strickland to limit or eliminate videos of Anthony's jail visits.

"What happened with the other visits was horrible," Baez said

He said the state's release of those videos "is used to paint an ugly picture of her."

The fact is, the release of the jail videos is required under Florida's Sunshine Laws. The State had no choice in the matter.

The videos weren't "used" to paint an ugly picture of Casey. Casey took care of that all by herself.

Another motion to be heard Friday is the defense's motion to preclude the death penalty which was filed September 30, 2009. The State filed their reply. The State's reply was pretty much overlooked because it was filed October 8, 2009, the same day as a major document dump.

It's worth a read. Penned by Assistant State's Attorney Jeff Ashton, it uses some very strong language to attack the defense. In part, Ashton states:

In her Motion, through counsel, the Defendant, once again, has filed a legally insufficient motion which the State would move this court to deny the motion of the pleadings and avoid the grandstanding at a hearing before the media which appears to be the pole purpose being the filing of the motions. Had she the desire to actually litigate a legitimate issue, surely she would have acknowledged in the preface of her Motion that this court lacks jurisdiction to have the hearing she requests...

In a reply to the motion filed October 30, 2009 Andrea Lyon (and Jose Baez) Again asserted that the State had not confronted the defense arguments where were essentially:

I. The Judiciary Has the Authority and Duty to Curb Prosecutorial Discretion Where the Prosecution Has Impermissible Motives.

II. ....This Court Must Ensure that the Prosecution's Decision to Seek the Death Penalty is Not Driven by Impermissible Motives.

III. By Seeking the Death Penalty Where It Is Not Justified by a Legitimate State Interest, the Prosecution is Impermissibly Attempting to Prevent the Exercise of Miss Anthony's Right to a Fair Trial and Due Process.

That's it for starters! I have good reason to suspect that this portion of the hearing will be full of high drama from Andrea Lyons.

In a recent blog article, Richard Hornsby discussed this motion at length and concluded by saying,

So until such time as the trial is held and the death penalty imposed, this motion is moot.

His article doesn't give much hope to any of the motions and is a recommended read.

The final motion to be covered in the hearing is for the check fraud trial.

MOTION TO DISMISS COUNTS 1,2,4,5,7,8,10, 11, 13 FOR VIOLATION OF DOUBLE JEOPARDY CLAUSE
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Dismiss%20Counts%201,%202,%204,%205,%207,%208,%2010,%2011,%2013%20For%20Violation%20of%20Double%20Joepardy%20Clause%281%29.pdf

The State recently issued its reply:

STATE'S REPLY TO MOTION TO DISMISS COUNTS 1,2,4,5,7,8,10,11,13 FOR VIOLATION OF DOUBLE JEOPARDY CLAUSE
http://www.wftv.com/pdf/21869179/detail.html

As I said, Richard Hornsby addressed the legalities here and I can't begin to do as fine a job as he does. Do read the blog. You will be rewarded with a terrific video at the end.

Now, we get to the motion sickness part. Today, Sprocket asked me how many reams of paper I had gone through. The answer to that question is: 4 or 5. How many ink cartridges, I can't begin to say. I am the sort who need to have the motions printed out and duly annotated to keep track of them.

As I was preparing this article, I made a list of the motions outstanding and it was quite impressive.

The check fraud case, which is set to be tried January 25, 2010, has a number of outstanding motions. Here they are:

MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ALLEGED PRIOR BAD ACTS
http://www.docstoc.com/docs/document-preview.aspx?doc_id=13099942

DEFENDANT'S MOTION IN LIMINE TO PRECLUDE THE INTRODUCTION OF ANY EVIDENCE RELATING TO MISS ANTHONY'S MURDER CASE
http://www.docstoc.com/docs/document-preview.aspx?doc_id=13098974

MOTION FOR INDIVIDUALLY SEQUESTERED JURY VOIR DIRE
http://www.docstoc.com/docs/document-preview.aspx?doc_id=13096875

MOTION FOR JURY QUESTIONNAIRE
http://www.blogger.com/Motion%20for%20Jury%20Questionaire

JURY QUESTIONNAIRE
http://www.docstoc.com/docs/document-preview.aspx?doc_id=13097241

MOTION FOR CHANGE OF VENUE
http://www.wftv.com/pdf/21293115/detail.html

Then, we come to the murder case. The defense has submitted many motions lately and here is the best listing I can make:

In a case of deja vu, we have this motion:

MOTION TO MODIFY COURT'S ORDER ON EQUUSEARCH DOCUMENTS SUBPOENA APPLICATION
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Preclude%20The%20Death%20Penalty%20Procedures.pdf

There are two motions involving meter reader Roy Kronk:

MOTION TO INTRODUCE EVIDENCE PERTAINING TO ROY KRONK
http://www.cfnews13.com/uploadedFiles/Stories/Local/Deft

MOTION TO TAKE DEPOSITION TO PERPETUATE TESTIMONY OF JILL KERLEY
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Take%20Deposition%20to%20Perpetuate%20Testimony%20of%20Jill%20Kerley.pdf

Former Baez PI Dominic Casey, whose relationship to this case is twisted and confused as to precisely which parties he represented when comes in:

MOTION TO STRIKE NOTICE OF DEPOSITION AND MOTION FOR PROTECTIVE ORDER
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Strike%20Notice%20of%20Deposition%20and%20Motion%20for%20Protective%20Order.pdf

These motions addresses the aggravating circumstances which allow for the death penalty

MOTION FOR STATEMENT OF PARTICULARS PROVIDING NOTICE OF AGGRAVATING CIRCUMSTANCES
http://www.cfnews13.com/uploadedFiles/Stories/Local/Deft

MOTION TO DECLARE 'AGGRAVATING CIRCUMSTANCE' CLAUSE UNCONSTITUTIONAL
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Declare%20921.141%285%29%28M%29%20Unconstitutional%20Facially%20and%20as%20Applied%20%28Victim%20Vulnerable%20Due%20to%20Age,%20Disability,%20or%20Familial%20or%20Custodial%20Authority%29.pdf

The defense is also not happy with jury instructions:

MOTION FOR JURY INSTRUCTIONS CORRECTLY DEFINING 'PREMEDITATION'
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20for%20Jury%20Instructions%20Correctly%20Defining%20

MOTION TO PROHIBIT CALLING JURY'S ROLE AT PENALTY PHASE "ADVISORY" OR PENALTY VERDICT A "RECOMMENDATION"
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Prohibit%20Any%20Reference%20to%20the%20Jury

WRITTEN OBJECTION TO THE STANDARD JURY INSTRUCTION ON REASONABLE DOUBT
http://www.cfnews13.com/uploadedFiles/Stories/Local/Written%20Objection%20to%20the%20Standard%20Jury%20Instruction%20on%20Reasonable%20Doubt.pdf

Finally, we get to the motions filed by the defense which address the death penalty. I'm wondering if these will be decided based on the decision on the motion to be discussed in court on Friday.

FAILURE TO NARROW SCOPE OF DEATH PENALTY
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Declare%20Florida%20Statute%20921.141%20Unconstitutional%20Due%20to%20its%20Failure%20to%20Narrow%20the%20Scope%20of%20the%20Death%20Penalty.pdf

MOTION TO PRECLUDE DEATH PENALTY FROM CASE AT BAR
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Declare%20Florida%20Statute%20921.141%285%29%28L%29%20Unconstitutional%20Facially%20and%20as%20Applied,%20and%20to%20Preclude%20Its%20Use%20in%20the%20Case%20at%20Bar.pdf

MOTION TO PRECLUDE DEATH PENALTY FROM PRESENT CASE
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Declare%20Florida%20Statutes%20Section%20921.141%285%29%28I%29%20Unconstitutional%20and%20to%20Preclude%20its%20Use%20in%20the%20Present%20Case.pdf

MOTION TO PRECLUDE DEATH PENALTY PROCEDURES
http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Preclude%20The%20Death%20Penalty%20Procedures.pdf

http://sprocket-trials.blogspot.com/2009/12/casey-anthony-hearing-friday-december.html

[strayze]

I don't know if this has been posted, but Wow, is all I can say, just Wow!
Joy Wray news?
www.youtube.com/watch?v=EDJWo8rUDpM

she sure is full of herself!

and something else as well   

 

I need a barf-bag- - - - quick!

[loca]

Good morning.  Makes sense that Joy would be questioned again (if true). They have had time to go thru her computer.

I hope who ever was tasked with going through her computer has some therapy  made available to them 

That one you tube she made saying she was going to be on Geraldo's show, was she being delusional? I think she is very delusional, and I wish she were hospitalized and put on proper medication. This is not going to end well, and I think she is just being used by the defense, which makes me ill ,taking advantage of a mentally ill person 

they better hurry and question joy ! before she bounces back into the twilight zone! I think she is due to be baker acted again! shes acting kind of weird lately more so than  before or is it just me not noticing she is just as nutty as always?

[strayze]

Is anyone keeping track of the number of motions Baez has filed. It seems like hundreds, many hundreds.

thats an interesting question I would be curious as to how many.

Does Baez bill according to motion generated?  What about Lyon?  Is there a sliding rate for those motions accepted vs. those rejected?  Anyone can generate useless motions that have no impact upon appeal.

[loca]

Good morning.  Makes sense that Joy would be questioned again (if true). They have had time to go thru her computer.

I hope who ever was tasked with going through her computer has some therapy  made available to them 

That one you tube she made saying she was going to be on Geraldo's show, was she being delusional? I think she is very delusional, and I wish she were hospitalized and put on proper medication. This is not going to end well, and I think she is just being used by the defense, which makes me ill ,taking advantage of a mentally ill person 

I totaly agree  that they are using her (defense)  and I am also sure that behind dooors they laugh behind her back. I dont think she is taking her psych meds as she should.

[loca]

hello Trimm
How are you? I have a question ? someone  else asked this same question?
do you know  how many motions baez has filed in total!!

[seemeatthebeach]

http://sprocket-trials.blogspot.com/2009/12/casey-anthony-hearing-friday-december.html

Sunday, December 6, 2009
Casey Anthony: Hearing Friday, December 11, 9:30 AM and a good deal of Motion Sickness

Morning tupelo......thanks for posting this...super good article IMO....I think we need to post it on SM...I had no idea there were so many motions that had still NOT been ruled on!!

I call Baez Motions BOZIONS

[trimmonthelake]

hello Trimm
How are you? I have a question ? someone  else asked this same question?
do you know  how many motions baez has filed in total!!

Hey Loca,I wasn't ignoring you.I got kicked out of the cage a little while ago.I ran to the store real quick.
Anyway I was guessing at least 80 m/l. NothernRose says closer to 100.She is trying to find a link that had it all listed.
I was looking at the Orange County Clerk site to get an exact number,but got completely frustrated.  As soon as I here from NorthernRose,I'll post it.   

[SunnyinTX]

http://sprocket-trials.blogspot.com/2009/12/casey-anthony-hearing-friday-december.html

Sunday, December 6, 2009
Casey Anthony: Hearing Friday, December 11, 9:30 AM and a good deal of Motion Sickness

Morning tupelo......thanks for posting this...super good article IMO....I think we need to post it on SM...I had no idea there were so many motions that had still NOT been ruled on!!

I call Baez Motions BOZIONS