Skip to content

June 1, 2010

12

many denials later….(june 1, 2010 motion hearing)

by Andrea O'Connell

There were few fireworks in Judge Belvin Perry’s Orlando courtroom, on this day after Memorial Day.

However, Casey Anthony, tangled up in the chains that bind her, fell either in the courtroom or on her way into the courtroom.  It is unclear what type of injuries Casey may have received.

Regardless, she was unable to attend today’s hearing.  (Judge Perry made it clear at an earlier hearing that she was to appear at all hearings in which arguments were to be made, though the Judge allowed lawyer Cheney Mason to waive her appearance in the courtroom so that the hearing could proceed.)

As to the hearing today, it was as if every motion had a banana peel attached to the defense podium, as they had a tenuous, slippery slope day of denials handed down to them.

Only one motion (the question of whether Casey Anthony will be able to have jail visitation records sealed) was left undecided today, though it is being taken under advisement by Judge Perry.

As for the rest of the motions?

Denied.

Denied.

Denied and done in under two hours.

Below is a brief recap.

The Motions – A Tally

1). The argument regarding the defense request to seal jail visitation records.  The judge will take this under advisement and will rule in due time.  The defense argument?  That Casey Anthony’s rights to a fair trial will be compromised should the lists of expert witness visits to her at the jail be made public.

Judge Perry must weigh the rights of Casey Anthony with the rights of public right to know.  There is a constitutional right of the Public to know and yet there is a Sixth Amendment right that, if denied, could harm Casey Anthony’s right to counsel and due process under the law.

This is a complicated motion.  If granted, Casey Anthony will be the one and only defendant with this permission granted.  The Orlando Corrections Attorney argued that if the Judge grants this motion, the court is ultimately dealing with a “Separation of Powers issue.”  Meaning the court would have to interfere with another branch of government – the legislative branch – that it should not nor cannot violate – unless the court so orders.

Judge Perry advised that he has done a great deal of research already on this issue before him.  A ruling, he said, will be made sometime next week.

Not denied (yet). Under advisement

2). The defense argument regarding the specific reasons why the state has chosen to seek the Death Penalty in this case.  The state earlier listed the five aggravating factors as the court asked.  However, the defense thought it was entitled to a bigger slice of the pie, with more meat, not just law, thankyouverymuch, they wanted the whole enchilada handed to them.

Judge Perry made an apology if the defense erroneously thought they were entitled to more than just a list of the aggravating factors.  Judge Perry generously and nicely advised that no, the defense got exactly what it needed. Thankyouverymuch, again.

Denied.

3). Defense arguments about the admissibility of  TES volunteer searcher, Joe Jordan’s surreptitious recording of another person without their knowledge or consent.  Judge Perry, predictably, ruled against the defense using this content as evidence.

Denied.

4) The defense argued that since the State had access to the Grand Jury testimony of George Anthony, then the defense should also have the material. Judge Stan Strickland had previously denied this request (the Grand Jury is secret!), and Judge Perry, again predictably, followed suit.

Denied.

In addition, the defense requested it requires more (fishing) records from LE concerning the early tips in the search for Caylee.

The state made it abundantly clear that it had followed the original request by Judge Strickland to produce all of these records for the defense, though the cost is close to $1,600.  Prosecutor Linda Drane-Burdick advised the court that these records have been ready and waiting for the defense for nearly two years.  Judge Perry seemed to admonish the defense to “get it done” if they need those records.  He advised they could use $2,000 to get these records, should they really want them.

I happen to believe the defense really doesn’t want these records, what they do want is to come up with a scenario regarding the state concealing records from them.  Won’t happen.  The state is well aware of its responsibility regarding discovery.

Where’s George?

Again, for the second time, George Anthony was not in attendance at the hearing.  Cindy Anthony was in attendance, however.

Very interesting hearing.

Advertisements
12 Comments Post a comment
  1. auntdeedee
    Jun 1 2010

    Thanks for the recap, Andrea! I had it on but with a retired husband who has no appreciation for this case I wasn’t able to pay the hearing full attention. Tomorrow, I hope to be able to watch InSession’s review of the trial.

    Have a lovely night!

    Reply
    • Andrea
      Jun 1 2010

      Well, you’re welcome, Auntdeedee… I was able to listen to it while I did some paperwork today. The one motion about sealing the jail records is going to be one to watch…it will be surprising if Judge Perry allows this as it will have real repercussions down the road, which is why I think he’ll most likely deny this one, too.

      Anyway…all the best my dear. (Aren’t you lucky to have a retired husband!) 🙂

      Reply
  2. johninfloridaa
    Jun 2 2010

    And the defense team keeps kicking the prosecution’s butt yet again. Is that true Justice?

    Reply
  3. Andrea
    Jun 2 2010

    Hey John, It sure is nice to hear from you! Hope life is treating you well! LOL! You’re statement confuses me…do you mean the “state” is kicking the defense’s butt versus the other way around? The defense lost a bunch of motions yesterday, which was not a surprise though they needed to file those un-winnable motions regardless.

    Anyway, so nice to see you!

    Reply
  4. johninflorida
    Jun 2 2010

    Not me, I’ve been hi-jacked by Jasen Biczak aka michellefrommadison and he stole my dog avatar.

    I am the only one who can respond to this address
    http://johninflorida.wordpress.com/

    I am dealing with him.

    Reply
    • Andrea
      Jun 3 2010

      John,
      This is quite bizarre, to say the least! I am now familiar with michellefrommadison. I have no idea why he would do such a thing!

      However, he has written a post apologizing, stating he has realized the errors in judgment that he’s made in the past and is going to make amends now.

      I hope he is truly recalcitrant and will realize these games are slanderous, objectionable, regressive and downright mean.

      I don’t know why your post ended up in my spam folder… strange! But, now you’re free!

      It is certainly nice to hear from you, but I wish it were under different circumstances.

      All the best, John.

      Reply
  5. Jun 2 2010

    I so apologize for what I have done. I have hi-jacked johninflorida’s blog name (see above) and avatar. I added an (A) to his name making it johninfloridaa. I realize this was wrong to do and I will try and correct all the damage I have done.

    I have also been posting as (michellefrommadison) although I live in Muskegon, MI. I will soon make a blog on WordPress telling my story and why I did all the horrible stuff over the past several years. I am so sorry John.

    Reply
    • Andrea
      Jun 3 2010

      Jason,
      I don’t understand why you’ve done this… If you put yourself in another persons shoes for an instant, you may understand the effect your actions have on another. I don’t need to tell you that the actions you’ve taken are wrong, it seems you know that now.

      I accept your apology, certainly, though it sounds as if you have been causing problems for a while now. Why do you now, all of a sudden, feel badly?

      It may best to simply apologize and let it be the end of it. Just my opinion.

      Reply
  6. jon
    Jun 14 2010

    HI. I’ve been away since Memorial Day and didn’t hear the name “Casey Anthony” once, so am not too sure what’s happening although I did read earlier today that she tripped on her shackles and is missing a tooth. (Time to join the Croslin clan!). Anything worth reporting or is it status quo? Everything in Hawaii was about Van Der Sloot (who I think is going to be none too happy in a Peruvian prison… Casey should consider herself lucky to be in protective custody compared to what’s in store for him).

    jon

    Reply
    • Andrea
      Jun 14 2010

      Hey Jon!!! I’m so glad you had a nice vacation and managed to stay away from the Casey Anthony case, too!

      LOL @ Casey and the Croslin clan…OMG, that was too funny!

      But, I didn’t hear that she’s missing a tooth! I just heard that one was chipped…. Well, there’s a hearing tomorrow and you know the cameras will be focused on her mouth to get the story! It’s crazy what they’ll do for this case. Every darn news outlet had that video of her falling – as if it were real news! Silly stuff.

      Anyway, yeah, Van Der Sloot picked the wrong country to murder in this time. I am so thankful they got him… so glad the Holloway’s will have some closure – if you can even call it closure, at least they will finally know justice.

      so nice to hear from you again, Jon!

      I’ve been busy and need to write a little post tonight about the coming events in the case… there’s a hearing tomorrow at 2:00 and then a status hearing on the 21st, I believe.

      tomorrow will be interesting – they may be talking about the DP again…not sure.

      🙂 Be well! Welcome back – though I bet you wished you could stay a bit longer in Hawaii!

      Reply
  7. jon
    Jun 15 2010

    oh, it may be just a chipped tooth but, like, who cares? LOL…
    More taxpayer money that will have to be spent if she has to have it capped. Let’s hope the dentist doesn’t believe in pain killers and just starts drilling away. OWWWWWWWW.

    Also, heard somewhere that the Anthony’s are now weighing in on the Natalie Holloway case. Why can’t they just shut up?

    Take care.

    Reply
  8. auntdeedee
    Jun 15 2010

    jon, from abcnews

    Here is an upsetting to me statement by Cindy:

    “I don’t know if I can identify with Mrs. Van Der Sloot because her son has confessed to something,” Caylee’s grandmother, Cindy Anthony, said in an exclusive interview with “Good Morning America.” >>>”You know, there have been issues where she saw his angry side. I don’t know that of Casey.<<< I don't know Casey as being anybody that could hurt anybody."

    It is stomach turning to hear Cindy Anthony compare her situation to Beth Twitty's sorrow…

    Reply

What do you think?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Note: HTML is allowed. Your email address will never be published.

Subscribe to comments

%d bloggers like this: