a hot mess of a legal morass – just another day in an Orlando courtroom
So, it was déjà vu all over again, or so it seemed to me as the lawyers and Judge Belvin Perry held a hearing with regards to whether Casey Anthony will be required to serve probation in her check fraud case.
The defense lawyers stated the issue of probation is moot now. They claim that Anthony already served probation while in jail awaiting trial for the murder of her own daughter, Caylee Anthony.
But did she? Can probation be served while in jail? The answer is No, but sometimes, Yes – but in the right circumstances.
The “probation” that Casey Anthony served while awaiting trial, was hardly probation.
As we know, Anthony was found (cough) not guilty of the murder charges. However, in 2010, she plead guilty to felony counts regarding the check fraud case against her. Judge Stan Strickland, the original Judge in the Murder One case, heard the check fraud case back in 2010. At the time, the Judge sentenced Anthony to “time served” and one year of probation – upon release, as he said in open court.
The problem, as you probably know, the Department of Corrections inadvertently put Anthony under probation while in jail, which was not the intent of the Court. When Judge Strickland realized this, he amended his order and ordered probation for Anthony.
Judge Perry held a hearing on the matter today as Judge Strickland recused himself from the case.
Judge Perry heard the arguments today and told the lawyers he will take time to rule because, he said, “It’s a mess.”
My sense, based on listening to Judge Perry, is that he is leaning slightly to the side of issuing probation. He discussed case law in which he told the lawyers that issuing probation does not necessarily measure up to Double Jeopardy. He also needs time to research this question to determine if there is any authority already decided as it relates to the facts in this case.
Defense Attorney Lisabeth Fryer, argued the law today. She is a very capable attorney and I imagine she will have a very bright future ahead of her. However, it was unnecessary, in my opinion, for her to attempt to malign Judge Strickland’s reason for amending the court order so it would be clear. She said, and I paraphrase: ‘Judge Strickland’s made this vindictive decision based on not agreeing with the verdict.’
Judge Stan Strickland would NOT act in such a manner, neither would Judge Perry! The Honorable Judge Stan Strickland is beyond reproach, and the defense, as we know, have no problem shooting off at the mouth with contemptuous nonsense.
Perhaps Attorney Fryer has spent too much time with certain defense lawyers and now thinks that all persons are as vindictive and rude as her boss – the one with the fat middle finger that he enjoys extending upwards?
I do believe that Judge Perry’s arguments, which did support Judge Strickland’s decision, tended to support applying probation in this case. Judge Perry appeared to base the situation on a scribner’s error.
Assistant State Attorney Frank George, appearing on behalf of the State Attorney, pointed out that the very purpose of probation is to facilitate the individuals re-entry back into the community. And that is exactly what is at issue. Probation is a critical part of the rehabilitation process and should not receive short shrift.
I do believe Judge Perry will attach some means of probation for Anthony as she is deserving of it, clearly. However, nothing is a sure thing, and Perry did also mention the issue regarding Anthony’s safety in the community, and he indicated he will consider this in his decision making. Also, Judge Perry discussed that the Defense would agree to Administrative Probation.
According to the Florida Department of Corrections, Administrative probation is defined as follows:
Administrative Probation is a form of non-contact supervision in which an offender who represents a low risk of harm to the community may, upon satisfactory completion of half the term of regular probation, be placed on non-reporting status until expiration of the term of supervision. The department is authorized to collect an initial processing fee of up to $50 for the offender reduced to administrative probation. Periodic record checks are completed to ensure the offender has not violated the law.
Frankly, I would like to see her serve probation, but serve it far, far away, out of sight and out of mind – finally.
Writing about this case
I keep expecting that my concentration on this case will begin to decrease, but when interesting things happen in this case, I can’t help but write about it! The comings and goings of the players in this saga continue to fascinate me.
So, when something happens with regards to this case, I will continue to write about it….
After all, this case has provided me a wealth of content to write about. And it’s certainly helped me to stick with my commitment to write every day in the Post-a-day-2011 challenge! (I’ve posted everyday since the first of January!)
It’s fun to stay at the Y-M-C-A!
And, I have some great news…
I am taking the advice of Jeff Ashton, and others, to look outside of my four walls and my blog and do something to help children in my community. (I wanted to be a Big Sister, in the Big Brother, Big Sisters program, but they have more “Bigs” than kids, at this point.) So, I’m getting involved in the YMCA, specifically in the children’s activity areas.
A few days ago, I was approached about serving on the Board of the YMCA. And today, I went to a YMCA luncheon.
After a presentation about the good work of the YMCA, I attended a show put on by the children in the summer camp. Let me tell you, it was incredible! There were children everywhere, clapping in unison to a varied beat – so focused! They danced and sang their little hearts out! It was such fun to see them!
So, the YMCA is going to have me, if they want me. I want them, that’s for sure! I should know in a couple of weeks what their decision is. They’re looking for professionals who can bring a variety of skills and abilities to the board….
It will be a terrific and rare opportunity to make a difference to so many kids lives!!!
Singing…. “Y M C A …. it’s fun to stay at the ….”