Hearing - December 11, 2009 - 9:30 a.m. (Criminal Trial)

Casey Anthony team: Stop jail video
Her team is challenging jail recordings, death-penalty procedure

By Walter Pacheco and Amy L. Edwards, Orlando Sentinel
10:31 a.m. EST, December 2, 2009

Casey Anthony's attorneys will get an opportunity next week to argue several motions, including one aimed at prohibiting the Orange County Jail from recording her visits with her defense team.

Jail officials said video recordings at the jail, which are routine according to corrections policies, are for the protection of the inmates and their attorneys, according to Allen Moore, a jail spokesman.

The attorney visits between Casey Anthony and her attorney, José Baez, are usually held in a classroom that is always digitally videotaped without any audio tracks, Moore said.

"Our recording system in that part of the jail does not have the ability to record audio," Moore added.

The only time a report is generated in relation to a meeting is when something inappropriate happens. In October 2008, jail staff warned Baez that he was not allowed to touch his client. Reports show corrections officers witnessed Baez hugging Anthony.

Moore said in a statement that jail policy "forbids any kind of touching between visitors and inmates."

Baez refrained from touching his attorney after those warnings.

This is not the first time the issue of jail recordings has come in the Anthony case.

A video shot at the jail on Dec. 11, the day the remains of Caylee Anthony were discovered less than a mile from her family home, reportedly shows Casey Anthony reacting severely to the news.

Corrections Lt. Tammy Unser told detectives Anthony began to breathe rapidly, her hands became sweaty and red blotches appeared on her neck after hearing the news on a TV hours after the discovery.

She also requested a sedative from medical staff.

Anthony's defense team didn't want the video, which has no sound, released to the media. Her attorneys argued the images could be misleading and it violated her medical privacy.

Local and national media, including the Orlando Sentinel, had filed legal documents to persuade Strickland to release the video. However, Strickland acknowledged the Sentinel's request and ruled against it.

In June, Orange Circuit Court Judge Stan Strickland ordered the court to seal that video.

Anthony's team also wants the destruction of most existing video of their meetings.

Circuit Court Judge Stan Strickland has scheduled a hearing on those motions at 9:30 a.m. Dec.11.

Next week's hearing, announced this morning, will likely draw more attention to the jail's policies on recordings.

"We have followed jail policies and rules very carefully and directly and we intend to continue do so,'' Moore said. "We will attempt to accommodate Mr. Baez, but never outside of jail policy," Moore said.

At times, a corrections officer is stationed outside that classroom or in one of the monitoring stations to observe the meetings, but not to listen to the conversations.

Moore said the jail follows the same video monitoring procedures for all inmates.

Next week's hearing also will allow Anthony's defense lawyers to argue another motion — one that argues that Florida's death-penalty procedure is unconstitutional.

And because the procedure is unconstitutional, the death penalty should be precluded as a potential sentence, their motion argues.

Defense lawyers Baez and Andrea Lyon filed that motion about two weeks ago.

In it, her lawyers argued, "Even if the death penalty procedure were constitutional, the State has failed to charge Miss Anthony with the aggravating circumstances necessary to impose the death penalty; thus, a death sentence in this case would violate due process."

Anthony's lawyers argued in their motion that Florida's capital-sentencing procedure "violates the notice and jury trial rights guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution."

Anthony, 23, is charged with first-degree murder in the death of 2-year-old Caylee.

The toddler was reported missing in July 2008 — about a month after she was last seen alive.

Caylee's remains were discovered December 2008 in woods just blocks away from her family's east Orange County home.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-stop-jail-recordings-20091202,0,5395555.story?page=1

Sad, this hearing will be on the one-year anniversary of Caylee's remains being found......

I guess I don't love my kids like George and Cindy, or maybe I am not as good a Christian as I'd like to think, but I couldn't look at Casey if she were my daughter and not hate her for taking my precious, defenseless grandaughter. This first anniversary would bring it home for me. When this all started I would look at my grandson and get mad just thinking what was done to Caylee, by her OWN mother. RIP Caylee Marie

okay... bozo again is looking for special treatment...


answer me this.. if the conversations are in no way audio recorded, how does this violate the rights of attorney client priviledge??

bozo has a history (documented) of being inappropriate with this client... and now he wants unmonitored visits!!! i am thinking NOT!!

what.. does he want to knock her up as a last resort to save her from the DP... i think this request is not only outlandish, but needs to be discussed further as to WHY he wants to be alone with KC so badly...

Casey Anthony back in court next week

Updated: Wednesday, 02 Dec 2009, 10:38 AM EST
Published : Wednesday, 02 Dec 2009, 10:36 AM EST

ORANGE COUNTY, Fla. (WOFL FOX 35) - Casey Anthony will be back in court Friday December 11 for motion hearings.

Judge Strickland will hear four motions in the State vs. Casey Anthony case beginning at 9:30 a.m.:

- Motion to preclude the death penalty procedures
- Motion for a protective order prohibiting Orange County Jail from videotaping attorney visits
- Motion for a protective order directing Orange County Jail to destroy videos of family visits
- Motion to dismiss counts 1,2, 4, 5, 7, 8 10, 11, 13 for violation of double jeopardy clause

Anthony’s lawyers filed the motions saying there isn't enough information in the murder indictment for Anthony to defend herself so they want it thrown out. They are also trying to get the check fraud case dropped too claiming double jeopardy because she faces several counts of basically the same charge.

Anthony, 23, has pleaded not guilty on charges that she killed her daughter, 2-year-old Caylee Marie , claiming a babysitter kidnapped her toddler. Caylee was last seen in June of 2008, but she was not reported missing until a month later. Her remains were found in woods near the family's home in December.

http://www.myfoxorlando.com/dpp/news/anthony_case/120209-anthony-back-in-court

I'm lost on how the death penalty violates Casey's rights under the Sixth and Fourteenth Amendments.

Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

I'm sorry, but when the defense repeatedly asks for a trial to be delayed, that does not mean their client's right to a speedy trial has been violated, and they can't seriously try to say that Casey hasn't been informed of the nature and cause of the accusations against her.

Amendment 14 - Citizenship Rights. Ratified 7/9/1868.

1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Casey has been given due process which is part of the reason we have to sit through all of the time-wasting, useless motions that her defense keeps filing. Maybe Jose didn't finish the sentence and only read the part that says "nor shall any State deprive any person of life."

Maybe I'm missing something. Can anybody explain to me how the death penalty violates Casey's rights under the Sixth and Fourteenth Amendments?

randilynn wrote:okay... bozo again is looking for special treatment...


answer me this.. if the conversations are in no way audio recorded, how does this violate the rights of attorney client priviledge??

bozo has a history (documented) of being inappropriate with this client... and now he wants unmonitored visits!!! i am thinking NOT!!

what.. does he want to knock her up as a last resort to save her from the DP... i think this request is not only outlandish, but needs to be discussed further as to WHY he wants to be alone with KC so badly...

The video-only recordings are standard procedure in that jail and I don't believe they violate attorney-client privilege. IMO, there is no good reason to give Jose unmonitored visits with Casey. I can only imagine why he wants to be alone with her so badly.

J4a..

i think the issue they have with the 6th is.. :
"and to be informed of the nature and cause of the accusation" ... they are claiming that NOT enough info was laid out in the grand jury for her to defend herself.. i find this point moot however, because that is what the dern trial is for!!
And for the 16th.. i am not sure.. maybe the "nor shall any State deprive any person of life"... however, he must have forgotten the part about without due process...

and IF bozo would stop D*cking around, the due process would be mucho SPEEDIER!!!

How the Grinch Stole Casey Anthony’s Christmas

Dec 2nd, 2009
by Richard Hornsby.

It was recently announced that Judge Strickland will address four of the Casey Anthony Defense Team’s motions at a hearing on December 11, 2009. They are:

1. Motion to Preclude the Death Penalty Procedures
2. Motion for a Protective Order Directing Orange County Jail to Destroy Videos of Family Visits
3. Motion for a Protective Order Prohibiting Orange County Jail from Videotaping Attorney Visits
4. Motion to Dismiss for Violation of Double Jeopardy Clause

The scheduling of the hearing on these motions provides not only a timely interlude in the progression of her Murder case, but also a timely and brief interlude from my two part series on her Check Fraud case (Casey Anthony: Insufficient Funds).

Unfortunately though, I think that this interlude will not provide Ms. Anthony with any early Christmas cheer, as it appears that Santa will not be giving her anything on her Christmas wish list – she must have been a naughty girl this year, tsk tsk…

Oh Casey, just what have your attorneys done?

Read the rest:
http://blog.richardhornsby.com/2009/12/02/how-the-grinch-stole-casey-anthonys-christmas/

Casey Anthony’s parents to testify at hearing

Updated: Friday, 04 Dec 2009, 5:05 PM EST
Published : Friday, 04 Dec 2009, 5:05 PM EST

ORANGE COUNTY, Fla. (WOFL FOX 35) - Casey Anthony will be back in court Friday December 11 for motion hearings and her parent's, George and Cindy Anthony, along with their attorney Brad Conway have been subpoenaed to testify.

Judge Strickland will hear four motions in the State vs. Casey Anthony case beginning at 9:30 a.m.:

- Motion to preclude the death penalty procedures
- Motion for a protective order prohibiting Orange County Jail from videotaping attorney visits
- Motion for a protective order directing Orange County Jail to destroy videos of family visits
- Motion to dismiss counts 1,2, 4, 5, 7, 8 10, 11, 13 for violation of double jeopardy clause

Anthony’s lawyers filed the motions saying there isn't enough information in the murder indictment for Anthony to defend herself so they want it thrown out. They are also trying to get the check fraud case dropped too claiming double jeopardy because she faces several counts of basically the same charge.

Anthony, 23, has pleaded not guilty on charges that she killed her daughter, 2-year-old Caylee Marie , claiming a babysitter kidnapped her toddler. Caylee was last seen in June of 2008, but she was not reported missing until a month later. Her remains were found in woods near the family's home in December.

http://www.myfoxorlando.com/dpp/news/anthony_case/120409-george-cindy-anthony-to-testify

Oh Goody! Finally some action in this case! And of course it's always fun to watch the Anthony's!!!! I am gonna be here with bells on!

Did you guys see this? kh

http://www.examiner.com/x-1168-Crime-Examiner~y2009m12d5-Casey-Anthony-case-George-and-Cindy-Anthony-and-attorney-to-testify-at-next-weeks-court-hearing

They were subpoenaed so it probably came from the state, no? This should be interesting!

not necessarily.. the defense may also subpoena anyone they want.

honestly, i would be lead to believe it would be FOR the defense, considering the hearing is primarily motions brought on by bozo and company.

many times, even defense (cooperating) witnesses are issued a subpoena for "legal" purposes. Sometimes, it is for work excuse, sometimes just for assurance of appearance. but if the anthony's have a chance to help their little murderer, you bet they wouldnt miss it for anything.

Yes, it will be interesting. Let the show begin.

Cindy will be wearing her green sweater, her KC button and chomping that gum, and screwing the lid on her water bottle. George will have his KC and Caylee buttons, his white shirt and his gum. "Wheelie Boy" will be in usual dark suit and that big brief case. They will all be spouting their lies, NOTHING NEW!

I'll be so happy once this trial starts (AND ENDS) so that we don't have to watch the fake tanned, GA & the gum chomping sea hag, CA, any more. They really are quite repulsive. (IMO)

awaiting justice wrote:OMG..do you think they do the fake and bake???
I thought everyone looks like that in Fl....lol

It has been my experience that most "working class" are definately NOT that shade of yellow!

I read on another blog that there is a doc dump today! I couldn't find it on WFTV but maybe one of you sleuths can. I hope there is something really good in it!

sitemama wrote:Cindy will be wearing her green sweater, her KC button and chomping that gum, and screwing the lid on her water bottle. George will have his KC and Caylee buttons, his white shirt and his gum. "Wheelie Boy" will be in usual dark suit and that big brief case. They will all be spouting their lies, NOTHING NEW!

Sitemama,

I can't help but start by whenever I read wheelie boy. Gets me EVERY TIME!

But as for the other part of your post about CA and GA, when this happens just as you said, and I know it will, I will get mad as hail all over again!!!!!!