http://www.wftv.com/news/23465730/detail.htmlJudge Won't Seal Casey's Defense Spending Records
Posted: 4:37 pm EDT May 5, 2010Updated: 12:22 pm EDT May 6, 2010
ORANGE COUNTY, Fla. -- At a hearing Thursday, Casey Anthony's attorneys asked Judge Belvin Perry to prevent the public from seeing how much tax money they're spending on Casey's defense, but the defense request was denied.
A judge has already declared Casey indigent, who is accused of killing her young daughter Caylee, so taxpayers will now pick up the tab for her expenses. Her attorneys wanted all of the information, which would normally be public, kept secret.
Casey Anthony walked into the courtroom around 8:50am, wearing a frilly, short-sleeve, white button down shirt with blue stripes and with her hair pulled back in a bun (images | raw video). She sat alone at the defense table and waited for her attorneys to arrive. Jose Baez walked into the courtroom around 8:55am and took a seat next to Casey.
“First matter is a budget hearing. There’s also been notice for the date the defense request for the state to file written responses to defendant’s motions,” Judge Belvin Perry said in court as the hearing got underway.
Baez than asked for them to first discuss the motion to seal all Justice Administration Commission (JAC) documents (read it). The JAC is the body that will set forth the defense team's spending, because Casey is considered indigent and taxes will pay for much of her defense. Baez says the defense doesn't want to reveal who their expert witnesses are out of fear it will disclose their court strategy and didn't want to release the amount they're spending.
When Casey was first arrested, she had no money that was legitimately earned; she couldn't even pay Baez's $5,000 retainer. But, instead of opting for a public defender back then, only two months after Caylee had disappeared, Casey sold all of her own videos and photos of Caylee to ABC for $200,000 and two of her attorneys, one of whom has since left the case, raised another $140,000. That money is gone now and taxpayers have no idea where all of it went.
Judge Perry agreed to begin with the motion to seal the records and gave Baez an opportunity to speak first.
Baez argued that the media, "leeches" and "pseudo news media" are most interested in having access to the documents but, while there's a public right to know, it could damage her right to a fair trial. In its motion, the defense wrote, "Documents and requests for funding will lead to endless speculation as to the defense strategy for defending Miss Anthony and could ultimately affect her right to a fair trial."
“Quite frankly, the Orlando Sentinel is going to have to find another way to sell newspapers,” Baez told Judge Perry on Thursday.
Baez made further arguments to support the defense motion and then Judge Perry responded by pointing out Florida Statute 119 (read statute), which deals with access to public records.
“One more question, Mr. Baez, before you take your seat. The JAC is a state agency,” Judge Perry said. “Are there any particular statutory exceptions under [statute] 119 that you’re relying on or are you just relying on what you just told me?”
“I’m relying on my previous arguments,” Baez said.
Judge Perry thanked Baez and then called the Orlando Sentinel's attorney, who is arguing against the motion and wants access to the records, to speak.
“The request is just too broad,” attorney Rachel Fugate, with the Orlando Sentinel, argued. "At this point, I think it’s premature and it’s simply too broad."
An attorney for the JAC also spoke, briefly, but took no specific stand on the actual request and instead pointed out that the JAC does have to comply with Statute 119, unless a judge orders otherwise, and that sealing the records does put an administrative burden on their agency.
The state declined to speak on the matter, saying that they have no stand on the issue, and Judge Perry gave Baez an opportunity to respond to the arguments made.
“I disagree with Ms. Fugate where the public should know, should know what’s going on in the inner workings of the defense,” Baez argued. “It’s not the Sentinel’s life that’s on the line, it’s Casey Antony’s.”
Baez continued: “As to the JAC’s arguments, I would argue they don’t have standing to make an objection. This is a state agency and they will do what your honor orders."
Baez said that having the records sealed should actually reduce the burden on the JAC, suggesting that they wouldn't have to deal with all the media requests for documents if they weren't available.
"So the argument that this is an administrative burden falls on its face," Baez said.
After speaking briefly on the rules governing the release of such documents, Judge Perry quickly responded with his decision on the defense request.
“The court finds that the defense, at this time, has not met its burden to show that a serious and imminent threat to a fair, impartial trial has been met," Judge Perry said.
Judge Perry, though, did offer some flexibility and suggested that there could be some JAC documents that are sealed.
“Basically, we’ll have to do this on a case by case basis, or expert by expert basis,” Judge Perry said and quickly moved the hearing forward. “That takes care of the issue of the motion to seal. I guess the next thing to take care of is setting a budget.”
Baez began the budget discussion with Dr. Henry Lee, one of the forensic experts the defense has used throughout the case. However, Dr. Lee is out of state, something the defense filed a motion to seek coverage for despite the JAC's hesitation to pay for out of state witnesses (read it).
Baez argued for Dr. Lee's future costs to be covered by the JAC, but the JAC argued that it doesn't support the use of out of state experts because of the increased cost. Baez was then invited to speak again, laying out the amount of work Dr. Lee had already done for the case, including inspecting Casey's car, inspecting the site where Caylee's remains were found, as well as inspecting the crime scene analyst photographs and much of the discovery.
"While the JAC has this rule to encourage people to use instate experts, in this case the work Dr. Lee has done can't be replicated by anyone at this late state in the trial," Judge Perry said, authorizing the defense to continue to use Dr. Lee as an expert in their case.
Judge Perry also approved the defense's use of an out of state mitigation expert, but was clear that that expert and Dr. Lee are bound by the rates set by the JAC.
The JAC then asked the judge to set a spending cap on investigation spending. When asked by the judge what they suggested, the JAC suggested 30-50 hours, but Judge Perry immediately said that wouldn't be enough and, after discussion, allowed for 300 hours, despite Baez's request for 480 hours.
After a lengthy debate over the other experts the defense wants to continue using, but doesn't want to disclose in open court, Judge Perry asked for them to do a little more work before any further discussion.
“We’re going to be in recess until 10:45am,” Judge Perry said.
The judge wants to go over the defense list of experts one by one with the JAC and the defense to decide on what will be allowed and learn how much work they’ve already done.
Casey Anthony returned to the court room at 10:43am and the hearing quickly resumed as all parties involved began discussing the many experts the defense wants permission to use, despite them being out of state.
Judge Perry granted the defense request to use the following experts: forensic entomologist, anthropologist, forensic botanist, forensic pathologist, digital forensics expert, a DNA expert, two forensic chemist experts and a canine expert (up to 20 hours of work). Judge Perry was very specific that each approved expert must stick by the guidelines set forth by the JAC. He also granted up to $3,500 for public records requests.
However, Judge Perry denied without prejudice (meaning the defense can file a motion for a hearing) a taphonomy expert, a cell phone expert, and money to purchase two Pontiac Sunfires (approx $6,000) for testing. He also denied with prejudice (meaning it won't be heard again) the defense request for a jury consultant.
Around 12:05pm, the judge and Jose Baez went behind closed doors to discuss the remaining experts and requests Baez has that he doesn't want disclosed publicly or to the prosecution. They emerged less than 10 minutes later.
“Miss Anthony has requested to waive her appearances at these type of things,” Mason told the judge as the hearing was coming to a close. “She’s rather stay where she is.”
The judge, however, said that in death penalty cases things could come up where she may be needed for a response.
“It has been my experience that, in capital cases, that defendants need to be present during the preceding,” Judge Perry said. “If Ms. Anthony is found guilty of anything, it will lead to a post conviction relief proceedings, maybe ... and it always gets back to ‘my lawyer didn’t tell me this’ and ‘if I would have been there I would have done A, B, C, D.’”
Judge Perry, however, did say she did not have to attend status hearings that simply check on the progress on the case, but don’t argue motions.
