Caylee Marie Anthony #164 6/25/10 - 7/14/10

[Babybear]

Shout out to Trimm!  Thanks for keeping me(us) posted with updates. Haven't had as much time here and I'm trying to keep up with Natalie and Kyron too.  *eyes propped open with toothpicks*  Falling asleep a lot lately with the laptop. LOL! Really helps to have you, Sunny, Norose, Brandi, seeme, and so many other helping hands posting links and updates.

Sunny- Glad to have you back from vacation, we missed you.  Next week should be interesting.  I think JP will make Cindy and Lee both tow the line.  I tend to see things in black or white and I like his no-nonsense style.  If Cindy thinks she's going to get theatrical in his courtroom, I hope she packs an overnight bag for her contempt of court jail stay. Go JP!

Babybear- Do you know what issue that Vanity Fair article was in?  That sounds really interesting...similar to Nicholas and Alexandra (last Czar of Russia) with Rasputin the monk.  This kind of stuff must be fascinating to psychologists.  Not sure if it's curiosity or nosiness, but I like to know the why's behind what people do, what made them act that way.  Thanks for the info!

Thanks everyone for contributing your opinions and insight in so many ways here at SM.  I've learned so much from you all and continue to.  I was telling a friend at a recent picnic about reading body language and statement analysis (most of which I've learned here).  She was very impressed and wanted to know if I was taking classes and where (we have a Criminal Justice institute here locally).  *grin*  At a 4th of July cookout, family members were talking about the Twilight Eclipse craze and how incredulous they were that so many people devote so much time, energy, and emotion to the series.  Before I thought about it, I heard myself blurt out that if those people spent that time on Scared Monkeys and trying to find missing people instead, we could find a lot of people (no offense to any Twilight fans on board, of course).  I am glad there is a Scared Monkeys and I'm thankful so many of you are willing to help complete strangers.  It matters.  Hope you all have a good rest of the evening and "Hello!" to the morning crew!

Yes, I Spy It's the current issue with Angelina Jolie on the cover. 
It IS rather like the story of Rasputin and his hold over Alexandra--hadn't thought of that.  It is an amazing story of people who fell under this guy's spell to the exclusion of everything else in their lives.  Of course, Alexandra thought that Rasputin could control Alexi's hemophilia and therefore was a great religious man, even though he was a womanizer and smelled like a goat.  Anyway, there are similarities on a much smaller scale between the Tzar's wife, this French family and the Anthonys who are completely under Casey's spell to the point of disregard for anything else including their own well-being. You gotta know when to hold 'em and know when to fold 'em.

I've a wonderful book about Anastasia [ the lady who claimed all of her life that she was actually she--it's a convincing book ] and she always maintained that the lone factor which ultimately brought down Russia at that point in time of History, was that her father, Nicholas II, was a wonderful & loving family man but at the same time, naturally weak in his nature & personality.

Anna Andersen in Charlottesville, VA? I know that they supposedly did DNA using her appendix which had been removed in Charlottesville and a sample from Prince Philip, who was her closest living relative, but I've never trusted it.  Money in the Bank of England, you know?  Said she was a Polish factory worker, but she seemed very aristocratic and had a lot of knowledge about the Russian royal family.  Sorry O/T peeps.  Won't do it again.

[Mary]

Maybe I'm wrong. But I don't think that judge Perry is in his office next week.
Didn't he say that he would have someone in his office in case they ran into
a problem and that person would call him. I thought he said he was in another court room. Did anyone else remember him saying that.

[SunnyinTX]

Maybe I'm wrong. But I don't think that judge Perry is in his office next week.
Didn't he say that he would have someone in his office in case they ran into
a problem and that person would call him. I thought he said he was in another court room. Did anyone else remember him saying that.

Mary, I know he is not there this week...but I do believe he is due back in, Monday. He did say he would have someone available in his office to take calls if necessary.....but IIRC he also said he would deal with any problems right then.

[Brandi]

http://www.cayleedaily.com/
Casey Anthony Defense Pulls sneaky One While Judge Is On Vacation
07/08/10

I guess the Defense has to get their jollies somehow-but this is so babyish.

Oh I'm sure he was giggling the whole time. He will tell the judge, well you said.... Doesn't matter, we will see it anyway. I can really understand why Lyon's left. I'm sure she had to put up with this crap on a daily basis. With her advice ignored and Jose being so law challenged, it was inevitable that she would throw in the towel. It's only a matter of time before the other one follows suit and JB is once again, left alone with no death qualified attorney. Then the trial will have to stop till they find another one. What use is it to have him on the team if he doesn't use him? Name only? What a way to  end your career, with a slam dunk for the State.

Boo,  I couldn't agree with you more.     Not only a slam dunk for the State but humiliating antics that make you look like an idiot.   Baez is consumed with being front and center, he thinks he's clever and witty and he is not going to follow anyones advice, shoot, he doesn't even follow rules.

Mason will be tainted forever by this.   Too bad for him, he shouldn't have decided to be on the evil side. 

[Ono]

JP has said several times in court now that he firmly believes in sanctions. Wouldn't it be funny if Bozo and Morgan were slapped with a fine for their latest oopsie? Bring Bozo's salary down to $4.00 an hour instead of $5.00.  Can't wait for next week!!

Yes! Lol ..

[SunnyinTX]

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-evidence-list-judge-20100708,0,1308175.story

 os-casey-anthony-evidence-list-judge-20100708

In keeping with a judicial order, the Casey Anthony defense team filed a "notice of compliance" today, saying it has indentified a list of items held as evidence that it wants to inspect.

But the list — and the items on it — have not been made public.

The list of items the defense wants to review was not available through the Clerk of Court's office because it wasn't filed there. Instead, an inventory was provided electronically to Chief Judge Belvin Perry.

Court officials said the defense this afternoon provided a series of Orange County Sheriff's Office property forms via a password-protected website, but Perry has not yet had a chance to review the documents.

"Judge Perry is out of the office until Monday," court spokeswoman Karen Levey said in a prepared statement. "He will review the material when he returns to determine if it can be distributed at that time."

She said the property forms amount to at least 100 pages and were not formatted as a list.

Defense attorney Jose Baez said there is nothing secretive about Thursday's filing, but noted that his team has no obligation to identify the evidence it wants to inspect specifically with the Clerk of Courts. He has identified the items for prosecutors, the Sheriff's Office and the court.

"We're not obligated to file anything with the clerk's office," he said. "It's just property receipts."

In addition, he said he already has indicated in court what items the defense team wants to review, primarily those objects recovered from the area where Calyee's remains were found.

"I told everyone what we wanted to see in court … the duct tape and the hairs," he said. "There's no smoking gun. We want to inspect the items at the scene. I never made it a secret. We want to look at what was recovered, what we haven't seen yet."

The request amounts to about 50 or more pages of property receipts, he said. Each receipt may include more than one item.

As for the public learning specifically what those items are, Baez said that will be up to Perry to decide.

"If he wants to make the stuff public, he's the judge," Baez said.

Last week, Perry set a noon deadline today for the defense to provide the evidence list. Defense attorneys and their experts plan to review evidence held by the Orange County Sheriff's Office next week.

The notice of compliance was filed shortly before 11:30 a.m. It was filed by attorneys J. Cheney Mason and Jose Baez.

The notice says the defense team met with prosecutors Monday and went through evidence property forms submitted by the Orange County Sheriff's Office. "The defense selected all items it wishes to inspect," the document states.

The documents requested are not public records, a spokesman for the State Attorney's Office said Thursday.

The prosecution and defense kept copies of the list of evidence to be inspected and "the defense is also providing a copy to this honorable court forthwith," the notice says.

[Ono]

Shout out to Trimm!  Thanks for keeping me(us) posted with updates. Haven't had as much time here and I'm trying to keep up with Natalie and Kyron too.  *eyes propped open with toothpicks*  Falling asleep a lot lately with the laptop. LOL! Really helps to have you, Sunny, Norose, Brandi, seeme, and so many other helping hands posting links and updates.

Sunny- Glad to have you back from vacation, we missed you.  Next week should be interesting.  I think JP will make Cindy and Lee both tow the line.  I tend to see things in black or white and I like his no-nonsense style.  If Cindy thinks she's going to get theatrical in his courtroom, I hope she packs an overnight bag for her contempt of court jail stay. Go JP!

Babybear- Do you know what issue that Vanity Fair article was in?  That sounds really interesting...similar to Nicholas and Alexandra (last Czar of Russia) with Rasputin the monk.  This kind of stuff must be fascinating to psychologists.  Not sure if it's curiosity or nosiness, but I like to know the why's behind what people do, what made them act that way.  Thanks for the info!

Thanks everyone for contributing your opinions and insight in so many ways here at SM.  I've learned so much from you all and continue to.  I was telling a friend at a recent picnic about reading body language and statement analysis (most of which I've learned here).  She was very impressed and wanted to know if I was taking classes and where (we have a Criminal Justice institute here locally).  *grin*  At a 4th of July cookout, family members were talking about the Twilight Eclipse craze and how incredulous they were that so many people devote so much time, energy, and emotion to the series.  Before I thought about it, I heard myself blurt out that if those people spent that time on Scared Monkeys and trying to find missing people instead, we could find a lot of people (no offense to any Twilight fans on board, of course).  I am glad there is a Scared Monkeys and I'm thankful so many of you are willing to help complete strangers.  It matters.  Hope you all have a good rest of the evening and "Hello!" to the morning crew!

Yes, I Spy It's the current issue with Angelina Jolie on the cover. 
It IS rather like the story of Rasputin and his hold over Alexandra--hadn't thought of that.  It is an amazing story of people who fell under this guy's spell to the exclusion of everything else in their lives.  Of course, Alexandra thought that Rasputin could control Alexi's hemophilia and therefore was a great religious man, even though he was a womanizer and smelled like a goat.  Anyway, there are similarities on a much smaller scale between the Tzar's wife, this French family and the Anthonys who are completely under Casey's spell to the point of disregard for anything else including their own well-being. You gotta know when to hold 'em and know when to fold 'em.

I've a wonderful book about Anastasia [ the lady who claimed all of her life that she was actually she--it's a convincing book ] and she always maintained that the lone factor which ultimately brought down Russia at that point in time of History, was that her father, Nicholas II, was a wonderful & loving family man but at the same time, naturally weak in his nature & personality.

Anna Andersen in Charlottesville, VA? I know that they supposedly did DNA using her appendix which had been removed in Charlottesville and a sample from Prince Philip, who was her closest living relative, but I've never trusted it.  Money in the Bank of England, you know?  Said she was a Polish factory worker, but she seemed very aristocratic and had a lot of knowledge about the Russian royal family.  Sorry O/T peeps.  Won't do it again.

Apology in advance for OT:  Yes, yes, & yes.  [ a must read-she was the real deal ]

[Ono]

Maybe I'm wrong. But I don't think that judge Perry is in his office next week.
Didn't he say that he would have someone in his office in case they ran into
a problem and that person would call him. I thought he said he was in another court room. Did anyone else remember him saying that.

Remember that 'the hearing' will be next Thursday, 15 July.

[trimmonthelake]

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/07/casey-anthony-what-would-you-ask-cindy-about-911-calls.html
Casey Anthony: What would you ask Cindy about 911 calls?
Caylee and Casey Anthony, George and Cindy Anthony — posted by halboedeker on July, 9 2010 5:13 PM Discuss This: Comments(1) | Add to del.icio.us | Digg it
What would you ask Cindy Anthony and son Lee Anthony at a hearing next week?

They are scheduled to be questioned Thursday at a hearing. Cindy Anthony will be asked about a series of 911 calls she made two years ago about her missing granddaughter, Caylee.

Casey Anthony, Cindy’s daughter, is charged with first-degree murder in the death of toddler Caylee.

Prosecutors wants the tapes admitted at Casey’s trial; her defense team argues the calls represent inadmissible hearsay.

Thanks to a reader, whatawaste, who suggested this blog post and who offered these questions:

Cindy, between the first 911 call and the second 911 call, did Casey Anthony inform you that Caylee Anthony had been kidnapped?

Cindy, when you placed the first 911 call, you stated a car and money were stolen. What car and money were stolen?

Did you fill out a police report on these stolen items?

Did you ask the responding police officer to follow up on these stolen items?

At any time prior to making the second 911 call, did Casey Anthony give you a location as to where Caylee Anthony was at that moment in time?

Cindy, at any time prior to making the third 911 call, did you personally witness any rotten food or dead plants being removed from the trunk of your daughter’s car?

Prior to the third 911 call, did you remove any rotten food or dead plants from Casey Anthony’s car?

Cindy, at any time prior to making the third 911 call, did you personally notice a smell coming from your daughter’s car?

[SunnyinTX]

uuuummmmm  what depos were canceled???


http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=6236234
07/08/2010           Notice of Compliance
07/09/2010           Amended Notice of Taking Deposition
07/09/2010           Amended Notice of Taking Deposition
07/09/2010           Notice of Cancellation
of Depositions
07/09/2010           Notice of Cancellation
of Deposition

[Mary]

Maybe I'm wrong. But I don't think that judge Perry is in his office next week.
Didn't he say that he would have someone in his office in case they ran into
a problem and that person would call him. I thought he said he was in another court room. Did anyone else remember him saying that.

Mary, I know he is not there this week...but I do believe he is due back in, Monday. He did say he would have someone available in his office to take calls if necessary.....but IIRC he also said he would deal with any problems right then.

[Mary]

I was just reading Trials & Tribulations and Perry said when the evidence
was being examined he would leave someone in his office to answer phones
so they could contact him. I think it was rule #6 on the evidence line up.

[SunnyinTX]

I was just reading Trials & Tribulations and Perry said when the evidence
was being examined he would leave someone in his office to answer phones
so they could contact him. I think it was rule #6 on the evidence line up.

I took it to mean reach him if he was in court, etc....but that's just an assumption on my part....I know there is a hearing scheduled for Thursday the 15th @ 2PM

[SunnyinTX]

I was just reading Trials & Tribulations and Perry said when the evidence
was being examined he would leave someone in his office to answer phones
so they could contact him. I think it was rule #6 on the evidence line up.

I brought this over so others would be able to see what was being referred to.....this is a well written article.



http://sprocket-trials.blogspot.com/

SNIPPED
At this point in the hearing, Judge Perry resolved the issue for both parties. He first said that he and his people had searched the case law and had found none to support the motion. He also said that while this case was different, it is like hundreds of others. He that the court has no control over what the news media considers newsworthy. He said that under the rules of discovery and the 6th Amendment, the defense has a right to examine the evidence. He then set out how it would be done.

1. The evidence will be moved to air-conditioned facilities.

2. There will be a separate room for discussion.

3. Since the defense refuses to waive chain of custody which must be maintained in court by prosecution, officers from the Sheriff's Office will be present.

4. The examination will be videotaped (without sound) and (after an objection by Baez), will be redacted to show the opening of the evidence, the inspection of the evidence, and the sealing of the evidence.

5. The defense has until July 8 to provide a list of the evidence they want to examine.

6. During the days the examinations will take place, he will have someone available to take calls if he is needed to make a decision.

7. All those inspecting will wear proper attire (hairnet, gloves)

That was the end of the agenda for the hearing.

SNIPPED

[trimmonthelake]

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/07/casey-anthony-what-would-you-ask-cindy-about-911-calls.html/comment-page-1
Casey Anthony: What would you ask Cindy about 911 calls?
July 9th, 2010 by halboedeker

What would you ask Cindy Anthony and son Lee Anthony at a hearing next week?

They are scheduled to be questioned Thursday at a hearing. Cindy Anthony will be asked about a series of 911 calls she made two years ago about her missing granddaughter, Caylee.

Casey Anthony, Cindy’s daughter, is charged with first-degree murder in the death of toddler Caylee.

Prosecutors wants the tapes admitted at Casey’s trial; her defense team argues the calls represent inadmissible hearsay.

Thanks to a reader, whatawaste, who suggested this blog post and who offered these questions:

Cindy, between the first 911 call and the second 911 call, did Casey Anthony inform you that Caylee Anthony had been kidnapped?

Cindy, when you placed the first 911 call, you stated a car and money were stolen. What car and money were stolen?

Did you fill out a police report on these stolen items?

Did you ask the responding police officer to follow up on these stolen items?

At any time prior to making the second 911 call, did Casey Anthony give you a location as to where Caylee Anthony was at that moment in time?

Cindy, at any time prior to making the third 911 call, did you personally witness any rotten food or dead plants being removed from the trunk of your daughter’s car?

Prior to the third 911 call, did you remove any rotten food or dead plants from Casey Anthony’s car?

Cindy, at any time prior to making the third 911 call, did you personally notice a smell coming from your daughter’s car?

[mizjay]

http://www.cayleedaily.com/
Casey Anthony Defense Pulls sneaky One While Judge Is On Vacation
07/08/10

I guess the Defense has to get their jollies somehow-but this is so babyish.

Oh I'm sure he was giggling the whole time. He will tell the judge, well you said.... Doesn't matter, we will see it anyway. I can really understand why Lyon's left. I'm sure she had to put up with this crap on a daily basis. With her advice ignored and Jose being so law challenged, it was inevitable that she would throw in the towel. It's only a matter of time before the other one follows suit and JB is once again, left alone with no death qualified attorney. Then the trial will have to stop till they find another one. What use is it to have him on the team if he doesn't use him? Name only? What a way to  end your career, with a slam dunk for the State.

Boo,  I couldn't agree with you more.     Not only a slam dunk for the State but humiliating antics that make you look like an idiot.   Baez is consumed with being front and center, he thinks he's clever and witty and he is not going to follow anyones advice, shoot, he doesn't even follow rules.

Mason will be tainted forever by this.   Too bad for him, he shouldn't have decided to be on the evil side. 

****** BRANDI*******  PERFECT pic of him!    He looks like a weasel.

[MuffyBee]

http://www.cayleedaily.com/
Casey Anthony Defense Pulls sneaky One While Judge Is On Vacation
07/08/10

I guess the Defense has to get their jollies somehow-but this is so babyish.

Oh I'm sure he was giggling the whole time. He will tell the judge, well you said.... Doesn't matter, we will see it anyway. I can really understand why Lyon's left. I'm sure she had to put up with this crap on a daily basis. With her advice ignored and Jose being so law challenged, it was inevitable that she would throw in the towel. It's only a matter of time before the other one follows suit and JB is once again, left alone with no death qualified attorney. Then the trial will have to stop till they find another one. What use is it to have him on the team if he doesn't use him? Name only? What a way to  end your career, with a slam dunk for the State.

Boo,  I couldn't agree with you more.     Not only a slam dunk for the State but humiliating antics that make you look like an idiot.   Baez is consumed with being front and center, he thinks he's clever and witty and he is not going to follow anyones advice, shoot, he doesn't even follow rules.

Mason will be tainted forever by this.   Too bad for him, he shouldn't have decided to be on the evil side. 

****** BRANDI*******  PERFECT pic of him!    He looks like a weasel.

BBM

You pegged it mizjay.  He does look like a weasel!

[Northern Rose]

Andrea Lyon.Author, Attorney, Professors of Law: DePaul University
Posted: June 30, 2010 01:50 PM   

Fighting the Death Penalty: Hope for Change

I have spent most of my professional life trying to save my clients from the death penalty. I often get asked questions like, how can I do this work? Wouldn't I want death for someone who killed one of my family? And sometimes the questions are more pejorative than that.

In circumstances where I have been asked to debate the death penalty, I have found recently that proponents of the death penalty have stopped trying to argue it deters crime -- they know it doesn't, or that it costs less -- they know that isn't true either (See for example "The Cost of the Death Penalty in Maryland" which estimates 37 million for one execution). They also have stopped saying that all victims want this, because while some do, many do not. In fact, all of the justifications for the death penalty come down to just one which they effectively argue: retribution. Put another way, many people feel that some people just shouldn't be on this earth, what they did was just too awful. The desire for retribution is a powerful one, and trying to deny someone the "right" to feel that way is foolish.

But here is what I know -- most people don't know these defendants intimately. They don't know their life stories, what circumstances drove them to be where they were and now are, and can't see their humanity until it's placed before them in a sentencing hearing -- if they are lucky enough to see a sentencing hearing done by someone competent and who cares.

It's a selective blindness that we develop -- we can't absorb all the pain around us, so we just don't look. We don't see the homeless man we pass by, or the mentally ill woman who is talking wildly to herself, or the children going to school day after day in the same clothes where they will eat their only meal -- the free school lunch. I am not saying that this blindness, this choice not to see the truth makes us bad, or inhumane -- we have to defend ourselves from overload or we can't do anyone any good. But while no one can do everything, everyone can do something.

And I have chosen to try to tell my clients stories, to help other lawyers tell their clients' stories and teach my students of the value of each of our clients' lives. I have represented gang members, a serial rapist-murderer, several paranoid schizophrenics, battered and abused women, and battered and abused men. Their stories are shocking, desperately moving and occasionally, in spite of everything, downright funny. Some, indeed, committed the acts they were accused of, and some did not. But no matter what they did or did not do, I believe that every person I have defended is a human being of value. Some are terribly damaged; some lack even tenuous connections with reality. Each of their lives tells us about the ways in which individuals and institutions can go horribly astray, but they also reveal what remains human and noble in the midst of such waste.

Once, I defended a young woman for killing the father who had been molesting her since she was five years old. Unfortunately, I made mistakes during the trial and I lost the case. At its conclusion, I rushed to reassure her that we would appeal. What did she say to me -- this young woman facing many many years in prison? "Are you okay? Are you all right to drive? I don't want you to be home alone tonight." She was more worried about me than about her own sad fate. Happily, I did get her conviction reversed on appeal, and we settled for time served in lieu of a new trial.

What this story demonstrates to me is that even people facing the most horrendous prospects are still capable of caring about someone other than themselves. Time and time again, I have seen incarcerated people find within themselves unexpected capacities. Some counsel younger inmates; some mediate family conflicts; many make a positive contribution to the world. And even those who have demonstrated total indifference to the lives of others can change. Redemption is possible. As long as there is life, even if it is a life in prison with no chance of parole, there is hope for change.

http://www.huffingtonpost.com/andrea-lyon/fighting-the-death-penalt_b_630975.html

[Northern Rose]

The StandDown Texas Project
Identifying and Advocating Best Practices in the Criminal Justice System. A Texas-Centric Examination of Current Conditions, Reform Initiatives, and Emerging Issues.

Tuesday, July 06, 2010
A Conversation With Andrea Lyon

Andrea Lyon's memoir of representing men and women facing the death penalty is Angel of Death Row.She took time this weekend to answer some questions about the book and her work:

Q:  In your years of experience trying capital cases, what common themes or elements have you seen time after time?

A:  Common elements are that the defendant is a member of a despised powerless class, that the victim is not (usually), and that fear is the emotion engendered by the prosecution.

Q.  The death penalty's high tide seemed to peak in 1999-2000.  Since then, we've seen a general decline in the number of death sentences and executions.  What do you think the future holds?

A:  I am hopeful that more and more states will abolish the death penalty also that we get to the point where the “evolving standards of decency” which the Supreme Court found prohibited the execution of minors and those with mental retardation, also means we can no longer have executions.

Q:  You're involved in law school clinical work in Illinois.  What has been the impact of George Ryan's moratorium in the state and beyond?

A:  Well there are a number of effects.  One of them is that jurors don’t realize we still have an active death penalty, over 120 capital prosecutions pending in Cook County alone, and that there are 14 men on death row.  None of those cases have finished the various rounds of review so no governor yet has had to face what to do – but I fear that the moratorium will be lifted when such a case occurs.

There have been some reforms and better funding made available for these cases as a result of governor Ryan’s commission’s report – at least in part, but the state keeps running out of funds.  For example, this past year the Public Defender of Cook County moved to withdraw on over 60 death penalty cases because there were no more funds to pay mitigation specialists or expert.  The motions were denied.

I should let you know that I represented Governor Ryan – that is I was a part of his defense team – in his corruption trial, pro bono for the 6 months it took to try him.

Q:  The American South accounts for 80% of the executions in this country; Texas, by itself, more than one-third of the nation's executions.  Why this geographic disparity?

A:  There is a different culture in the south, and a history of lynching that turned into executions.  The prevalence of fundamentalism may feed into this as well – some scholars have suggested as much.

Q:  Why did you write this book?

A:  I wrote this book for the reasons contained in the epilogue of the book itself.  The short version is I wanted to tell my client’s stories – to show their humanity as well as to tell my own story about breaking the barriers that I have.

Q:  What's next?

A:  I don’t know – I will continue to teach and represent people, to administer the clinic and to do scholarly publications.

http://standdown.typepad.com/weblog/2010/07/a-conversation-with-andrea-lyon.html

[Northern Rose]

Hmmmmmmm two columns for Huffington.  She got a job as a columnist/opionist now?

Andrea Lyon.Author, Attorney, Professor of Law: DePaul University
Posted: July 8, 2010 02:50 PM

Justice, Albeit Delayed

On June 28, 2010 a jury convicted Jon Burge. It's been a long time coming. Decades, in fact. Commander Jon Burge, who had a group of followers -- other detectives referred to as the "midnight crew" from Area 2 Violent Crimes Division -- tortured criminal suspects with impunity for years and years on Chicago's South Side. Everyone knew it, but turned a blind eye. Despite the similarity of the charges made against these officers -- by people separated by years and with no connection to each other, nothing was done. There were studies -- a special prosecutor was appointed by the presiding judge of Chicago's criminal division of the courts -- but millions of dollars later, they concluded there was torture -- although they eschewed the word, but it happened too long ago to do anything about. Nearly 200 victims, some guilty, many innocent, all black, many with criminal records and nearly all poor. So very few cared, few wanted to believe. Except for some of us.

By us, I mean some private attorneys like G. Flint Taylor who worked on these cases as a civil rights matter for decades alone (joined as time went on by others), and a brave journalist named John Conroy who wrote the first comprehensive story for the Chicago Reader, "House of Screams" in 1990.

But by "us" I also mean those of us who represented their victims, members of the Cook County Public Defender's office, which I was a part of for fourteen years. I was a member of the Homicide Task force for eleven of those years -- and we were assigned to pick up our homicide cases from a branch court where the accused would first come to court for preliminary matters which was known as Branch 66. If it was my assignment day, I would go to Branch 66, walk into the lockup with a list of homicide cases and perhaps another member or two of Task Force and call out names to see who needed the public defender. If I saw someone bleeding, bruised, or bandaged, I didn't have to ask who arrested him. I knew.

For example, one client I represented -- who I will call Edward Miller -- was arrested at the 18th police district, and then taken to Area 2 by someone (no one would admit taking him and no one would admit bringing him back either). Some 12 hours later he had signed a confession to a brutal rape murder. The police has suspected him because he had discovered the body and alerted the victims family who lived in his neighborhood. When he got back to the lockup he told the lockup keeper that "they beat me and forced me to confess" and that honest man called the Office of Professional Standards (the internal affairs division at the time who did precisely nothing ultimately about this and most other complaints). Photos of his injuries were taken and he was treated for the fractured ribs he had sustained. When I get to this part of the facts when I discuss this with my students in class, they will often say something like "well the judge threw out the confession, right? It was the product of coercion". No, he didn't. Judges run for election, and its politically wiser to risk being reversed on appeal some years later than to throw out a confession to a brutal crime and infuriate the fraternal order of police, not to mention the public. When I filed the motion to suppress the statement because of the coercion the police testified that my client fell as he was running away from them, somehow sustaining truncheon bruises and fractured ribs in the process. It was a lie, everyone in the courtroom knew it, but it carried the day.

And here is the thing -- that confession may have been true -- many of the tortured confession were, but it just as likely may be false. Jurors, none of whom come from the mean streets like my clients, have trouble crediting the idea that a police officer would do something like this and even if they did, some jurors might reason -- it was for the greater good anyway. They think they wouldn't confess to something they hadn't done so the confession must be true, no matter how it was obtained. In most jurors' world experience, they wouldn't be at the mercy of someone like Mr. Burge or his crew -- they aren't poor, they don't have criminal records and they aren't black. This is another part of the story -- all of these officers are white, and the combination of that fact and their status made it virtually impossible for a defendant to make his case to a jury. They knew it too -- some of these detectives actually told another client of mine "who are they going to believe, a decorated officer like me or a n***** like you?"

I was asked once why this happens, why someone who takes on the important task of being a police officer would be brutal like this to someone in custody and would lie. First, I don't think that most officers would. Second, I think it happens in the officer's mind for the greater good. This is a "bad guy" -- perhaps a gang member or some other despised person. Someone is dead, and the officer believes he has the right guy. So putting a plastic cover over the suspect's head and cutting off his air until he passes out over and over again (a favorite of the Burge crew -- they used old typewriter covers for the most part) is utterly terrifying, usually leaves no marks and will break the will of almost anyone and was justified. Isolating the suspect from any kind of help -- lying about his location to his family, hours and hours of interrogation with no sleep, beatings and attaching alligator clips to the suspects ears and genitals and shocking them, or tying them to a hot radiator -- all of these techniques were used by men who believed they were above the law, because the ends justify the means.

These officers made and continue to make good officers look terrible. They cause distrust among the citizenry, and this behavior which went unchecked for a long time, and still occurs, helped give rise to the terrible "don't snitch" problem in our city. Innocent men, like my client Madison Hobley (whose civil rights suit is what made it possible to finally prosecute Mr. Burge) spend years on death row for crimes they didn't commit, and the guilty party goes free. The cost of this violent arrogance is difficult to overstate.

And here is what I know. The ends do not justify the means. The means become the ends.

http://www.huffingtonpost.com/andrea-lyon/justice-albeit-delayed_b_639419.html