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October 1, 2011

7

jail video release – the First Amendment wins

by Andrea O'Connell

The jail video within a jail video released yesterday?   It is much ado about nothing, as far as I’m concerned.

The video of a jail video is much ado about nothing

It’s hardly even distinguishable anyway.

The jail was unable to extricate the original file from their video player, so a video of that video was shot, hence the grainy appearance.

This is the video that had originally been ordered under seal by Judge Stan Strickland, he believed it may have been prejudicial to potential jurors in the case.  The prejudice would lie in how it would be interpreted and debriefed in the public and in the media prior to trial.   That was certainly a valid concern for Judge Strickland.

The fact is, on its face, the video could be translated as a picture of a grieving mom just learning that her daughter’s remains have been found. Or, it could be positioned as a consciousness of guilt.  If a jury had information about how the reaction to the Blanchard Park discovery of bones elicited no reaction, this juxtaposed non-reaction may have been harmful  to the defense, maybe.

The State of Florida chose not to use this video tape.   I tend to think there was too much baggage with it since they’d have to put Robyn Adams (convicted felon and Casey jail friend), on the stand to discuss Casey’s reaction to Blanchard Park.  Putting Robyn on the stand may have been a risk the State didn’t want to take.   I believe the State was confident in the case they laid out.   Were they a bit too confident?  I don’t know.  I do know I admired the work they did.

The video had to be released.  Judge Belvin Perry had no choice, really.  Jose Baez’ argument about the HIPPA violation was a long-shot, and I’m sorry it didn’t work for him.  But, Judge Perry did what he needed to do – uphold the Bill of Rights – the First Amendment to the United States Constitution which reads:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The video is just sad, in my opinion.  Its release does nothing more than pick at an old scab – opening it up and pouring salt on it.

Why do that to ourselves?

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7 Comments Post a comment
  1. Oct 1 2011

    Ok, I want to know about “Freedom of the Press” Since the press didn’t take this video, what makes them so special to have the right to it? And if they are, that would mean anyone could go to court and ask for a sealed murder scene be released. I don’t agree with that, and to make my point. I live in Canada where the most notorious crime took place in Ontario, with worldwide coverage. Paul Bernardo and Karla Homolka – kidnapping, holding, killing and debasing a human body. There were several tapes found of the sexual vicousnous of the crimes, photos of one of the girls found in serveral blocks of cement. All of these videos and photos will never get released, ever. In fact they may even be disposed of by now. There are things in life that just don’t pertain to civil liberities no matter what. These laws have never been reviewed or adapted to today’s crimes. It’s no wonder, people aren’t more crazy that what we hear about on the media. They lurk among us, and search the internet for the most deviant of crimes, child pornography, even live killings. Are we that dumb to think that laws should never be revised for the good of the common people? Of course they should. This small video could actually have made a more vibrant debate by the jurors. Instead they focused on = no murder weapon, no dna or solid crime scene. They needed more emotion brought to the foreray to debate, in my opinion.

    Reply
  2. Oct 1 2011

    Andrea, I agree releasing the video was correct; it is unfortunate the video did not show the red blotches all over Casey’s neck. Casey may have gotten away with a capital crime; however she is in a different type of prison than the four wall of a jail. Just wanted to tell you how much I enjoyed the Roseate Spoonbill at sunset in your previous blog. Florida has the most beautiful sunsets.

    Reply
  3. Oct 1 2011

    Andrea, I see no harm and or foul in releasing the video. The descriptions were already given in depositions by jail staff. I think I had more of a vivid picture in my head. The video is an absolute disgrace to the technology that is available. It’s a little scary that in an atmosphere such as the jail and they had troubles calling up a digital file. FYI, Casinos in Vegas have the best surveillance in the US. They even have face recognition software developed by sub-contractors that LE does not have. Alarming how money is spent and what for.

    Reply
  4. Oct 2 2011

    Like I have said before. This tape is open to interpretation only because you can’t hear what is being said. Or who said what. And the JBP goes with this. I believe a lot of evidence was not allowed by the state. Which sucks. Watching Jose and her sitting beside each other does nothing for me either. I felt He was saying something like this. “God Casey. Why oh why didn’t you hide that body in a different place” or. “You poor thing, They found Caylee now we must fine the killer.” I have several theories but you know what I mean ha. Seeing the tape is a whole lot different than hearing what is being said. Who knows. I still believe the jury had their minds made up before this trial even began.

    Reply
  5. Oct 3 2011

    Andrea, I don’t know if you have heard but Knight Owl passed away back in August. Humble’s has a post for condolences:

    http://humbleopinionforum.net/knight-owl-you-are-missed/#comment-233346

    😥 …she and Louie will be very much missed.

    Reply
    • Oct 3 2011

      Thank you so much, Sherry. I just learned of the sad news from Kim. It is a sad day. I will miss her so much.

      She has been on my mind because it has been too long without a missive from her and her beloved Louie.

      Now I know. What s loss. 😦

      Sent from my iPhone

      Reply
  6. Oct 7 2011

    Excellent post Andrea.

    I wonder why the Judge disallowed the jury to view this video? I do not recall, nor can I find the reference. If anybody has it, please post so I can review same. Ty.

    This video, in my opinion, shows consciousness of guilt. Casey knew her child’s body was found. How was this not relevant to the prosecution’s case, and in what way would it have prejudiced the jury? It shows Casey’s reaction to the news of the police discovering Caley’s body. I think it should have been viewed by the jury. I think we would have seen a guilty verdict.

    What shocked me is that the jury failed to entertain the lesser charges. They never considered the child abuse/neglect, as indicated in the third degree charge. A child does not know what will hurt, or kill them, therefore the guardian/parent is responsible for the child’s well-being.

    It’s evident that, at the very least, Casey should have been charged in the third degree, with the additional penalty…”in the death of a minor”, attendant. She should be sitting in jail for 25 yrs. to life. I have no doubt she let Caley die. She set the child up, if you believe the drowning fairytale. I believe she medicated Caley, and due to her negligence, and disrespect for life, plus her “spiteful” feelings toward her parents,….she let Caley die. Revenge on George and Cindy.

    Casey is a sociopath, now called ASPD (Anti-Social Personality Disorder). It’s not a mental illness, and is treatable. Here’s a link to the government’s site, describing this disorder: http://pubs.niaaa.nih.gov/publications/arh25-1/5-11.htm

    Casey fits the diagnosis of ASPD to a tee!

    I also believe she has no remorse as to what she did to rid herself of Caley. Remember her jailhouse letter to her next door cellmate? (Paraphrasing)…”now Caley won’t have to suffer, or be unloved.”

    Casey certainly does tell ‘partial’ truths,…only those that suit her agenda, evidently, but at times, if we look, read, and listen carefully, we get to hear what she really thinks. She’s a monster, with a pretty face.

    Reply

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