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August 12, 2011

17

Judge Perry supports Judge Strickland’s probation orders

by Andrea O'Connell

Today, as expected, Judge Belvin Perry held up Judge Stan Strickland’s amendment to his original order of probation in the Casey Anthony Check-Fraud case.

It has always been my opinion that Judge Strickland was right to amend the order for probation when it became apparent that his order of probation was not followed.

We are governed by laws and penalties for breaking laws for a specific reason.  When a law is broken, as in the Check-Fraud case in which Casey Anthony plead guilty, there are sentencing guidelines that include probation.  Judge Strickland specifically ordered probation, and his order from the bench, in open court, was not applied.  What is more, the defense team KNEW Judge Strickland’s order of probation was not applied as ordered.

And, what’s more, Jose Baez ARGUED, back in 2009, that Casey Anthony’s probation NOT be applied while she was in jail.  It was Prosecutor Frank George who argued for probation while Casey Anthony was in jail!   (The State was so sure they would get a conviction in this case, hence their request for applying the sentence.)

Whereas, Jose Baez was certain that Casey Anthony would be found guilty of a lesser charge and eventually be released from jail.  Baez wanted her to serve probation for the Check-Fraud charges, I believe, rather than probation on a more serious felony, like manslaughter.

You cannot pull any wool over the eyes of Judge Perry, Mr. Baez!

Today’s order from Judge Perry is a thing of beauty – it is brutally frank and professorial in its lecture and criticism of Jose Baez.   I must quote some of the most telling pieces of Judge Perry’s order for posterity, and also because his narrative comments in the order explicitly tell Jose Baez that Judge Perry questions his judgment, candor, and advocacy as an officer of the court.

First, Judge Perry cited established case law that indicated it was within Judge Strickland’s jurisdiction to amend an order that, because of a clerical error, did not correctly reflect the spoken court order.  A defendant should not benefit nor should they be harmed by a human clerical error.

With regards to the defense argument of “double jeopardy,” Judge Perry wrote:

This case does not involve additional punishment proscribed by the double jeopardy clause nor does it involve a punitive effect by requiring the Defendant to serve probation twice.  The Defendant was in jail and unable to meet the goals and requirements of the probationary sentence.  The Defendant could not comply with the standard thirteen conditions of probation while incarcerated on a[nother] pending charge.  

Probation is a rehabilitative tool that facilitates the Defendant’s reentry back into society after being found guilty of a crime.  “In society” is the operative word and is the testing ground of the probation period.  The defendant is being tested to determine if he or she will be able to maintain themselves in society and not causing harm to others.   Being in jail during probation is hardly equal to being in society. 

With regards to allowing Casey Anthony to forgo probation, Judge Perry wrote:

To permit the Defendant, whose counsel was well aware that the probation was to begin upon the defendant’s release from jail, to avoid serving probation now, would take a lawfully imposed sentence and make it a mockery of justice. This would allow a defendant to take advantage of a scrivener’s error and be rewarded.  This is not the message the courts want to send to the public or the defendants.

One’s duty as an Officer of the Court

Because the next section of the court order is so impeccably written, and so on-point with regards to the defense shenanigans, I want to provide you with these candid, and rather searing, words:

Finally, this Court would like to address the issue of what duty does an attorney, an officer of the court, owe to our system of justice to see that the lawful orders of courts are followed.  The defense acknowledged in court that Mr. Baez knew about the error, but contended he did not have any obligation to inform the court.

It was absolutely blistering comment from Judge Perry’s, when, toward the end of the ruling, he cites specific conduct from the Florida Bar’s Rules of Professional Conduct.  Judge Perry clearly believes that Mr. Baez may find good counsel via studying the standards of conduct set forth by the Florida Bar.

Belly up to the Bar, Baez!

PS…. The order is priceless.  Click here to read.

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17 Comments Post a comment
  1. Aug 13 2011

    I was pleasantly surprised that HHJP upheld the order of HHJS! I didn’t dare to believe he would in light of how disappointing the verdict was in the murder trial.

    Thanks for mentioning the points in the Order. For some reason I can’t get pdfs to show on my computer. I’m going to reload my computer’s CD and hopefully that will correct the problem. If anyone has any suggestions it would be much appreciated! :mrgreen:

    Reply
    • Aug 13 2011

      Hi Sherry, Oh darn! I hope you can get it to work because the order is delightfully written – you will enjoy it. It was late last night when I finally was able to sit down and write, so I didn’t have the time to do a complete exploration of all the great points he made…. I hope to maybe today, or tomorrow.

      As for your issue with PDF’s have you tried downloading/updating your adobe pdf software? Adobe quite often sends updates, it seems like I’m forever updating the pdf reader! That may be your issue since pdf’s should open without any issues…..

      Good luck dearie! 🙂

      Reply
      • Aug 13 2011

        Yeah, I am always updating Adobe when it needs it (I heard that it is a wise thing to do for security reasons). My problem is that my computer wants my permission to open it up and when I give it I get the run around-back to the beginning of asking my permission again, lol! I end up with no pdf to read. I tried everything I could to get it back to the way it was in the old days-it just opens up the pdfs to no avail. I hope to work on it again tonight or tomorrow. But I must read that pdf! I want to read the smackdown to Baez (not that he cares-I swear he thinks the judge is talking to another Baez, not him).

    • CptKD
      Aug 13 2011

      Hey Sweetie!

      Pls know I’ve NOT forgotten about you…

      I had surgery AGAIN 10 days ago, and I’m struggling to get back on me feet!

      I got your email, and will answer soon as I can!

      I’ve also NOT forgotten that I owe you some of my “writings”!
      I WILL get them to you….

      And I thank you, from the bottom of my heart – For being so patient, and for STILL being there…

      I’ll be in touch!

      Reply
      • Aug 13 2011

        You poor thing! Oh, how I wish you would be instantly well! With what i know about your health and the other things going on in your life right now I am not feeling forgotten by you-I understand and I want you to take care of you first and foremost!
        :mrgreen:
        {{{big hug}}}

      • CptKD
        Aug 13 2011

        I’m hanging in there….

        Gonna take alot more than that to take, and keep this one down….LOL!

        Though there are days, when my body begs to differ, I’m gonna keep fighting, Sherry!

        I’ve got not other choice!

        I thank you again, for being so understanding and patient with me!

      • Aug 14 2011

        You are strong, CptKD, Staying positive, and keeping loving people around you, is the best recipe for healing our body and mind. And, Sherry’s right – you come first! Sending hugs and the warmest of thoughts and wishes to you…. prayers, too, of course! 🙂

      • CptKD
        Aug 15 2011

        Thanks Sweetie!
        You always say the right things to make me think deeper, work harder, and love with all I got in me!

        Thank you for the thoughts, wishes and prayers –
        I think they’re helping!!! LOL!

        Feeling better by the day – Heart & Hugs back!!

  2. Aug 13 2011

    “A thing of beauty”, Andrea, well spoken! I, too, cannot open pdf’s, due to limitations, all around. I tried to find a text version to no avail. Sherry, I hope you get your Adobe working! I would love to hear more of the finer points of Judge Perry’s order, and the dish of crow he served Baez, finally! Yay!

    Reply
  3. CptKD
    Aug 13 2011

    It’s about time that HHJP nails Baez to the board!

    The “C” as well –
    Enough’s enough!
    And it’s about time she stop being EXEMPT from the rules set forth and the LAWs governing such rules!

    Great Post, Andrea!

    Reply
    • Aug 14 2011

      Wonderful to see you, CptKD. Hope all is well.

      I couldn’t agree with you more! It’s a tiny drop in the bucket compared to what she deserves, but it’s something!

      Reply
      • CptKD
        Aug 15 2011

        Hey Nan!

        You just put a huge smile on my face!
        Always a pleasure to run into you –

        I hope all is well, and you’re doing good also!

        I think of you often, and know, that for the most part –
        We always tend to agree with each another…

        I’ll take ALL the “tiny drops”, ’til she gets what she’s got coming…
        You know it!!!

        Hope to see you again soon….

  4. Aug 13 2011

    Sending out warm and healing thoughts of light and love to CptKD!

    Reply
    • CptKD
      Aug 13 2011

      Thank you so very much, RahRah!

      It means much that you would send out such kind words, and compassionate thoughts! How very touching of you….

      Please know, it falls not on deaf ears, nor does it land on an empty heart!

      Once more – I Thank you!

      Reply
  5. Aug 13 2011

    CptKD, most welcome! I am praying for you, and Kim, as well, for a complete recovery and restoration of health and happiness. Godspeed!

    Reply
  6. Calvin
    Aug 14 2011

    I was able to read Judge Perry’s Order! Iam inspired with what he has done. Baez should be punished!!!

    cea

    Reply
    • Aug 14 2011

      Hi Calvin! So nice of you to visit… welcome! I also think Judge Perry wrote the perfect message to Baez! Will he read it? Maybe. Will he take the advice? Doubtful.

      Reply

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