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Posts tagged ‘Judge Stan Strickland’

2
Aug

flippin’ probation

Why must Cheney Mason’s motions always contain personal and snippy vitriol?  More importantly, why must he consistently act like a high-school boy who’s only able to communicate via a middle finger, with a bark and a scowl?

Oh yes, Mason displayed his middle finger again today – flipping it in the direction of a driver, reported Kathi Belich of WFTV.

There’s something wrong with a grown man, nearing retirement, acting like this.  It’s uncouth (also uncool), for a lawyer to behave that way!  It’s bizarre – beyond the beyond of bizarre.

And, what’s worse, Mason told a reporter that Anthony will NOT comply with the probation order.  Hm.  Perhaps he wants to loose his law license?  By suggesting that Anthony will not appear, he – an officer of the court – is asking his client to break the law.

Cheney Mason, who once had a very good reputation in the Orlando area, is risking his law degree, and his reputation, for Casey Anthony?  Really??  It makes absolutely no sense to me.

The motion that Mason “walked” to the courthouse today (all he needed to do was file it electronically), was done to assure he had an audience.

In the motion, titled “Emergency motion for hearing to quash, vacate, and set aside court’s order,”  Mason writes that Judge Strickland’s “order was fraudulently entered.”

Mason also states that Judge Strickland, having amended the probation order, “Showed a reckless disregard for Ms. Anthony’s Due Process and Civil Rights.

I cannot fathom that any lawyer would make such offensive allegations against a sitting Judge, especially a Judge as thoughtful and fair as I believe Judge Strickland is.  It’s offensive.

Perhaps Mason believes that his career is over anyway, and so he doesn’t care who or what he insults.  If so, that’s hardly an excuse.   As an officer of the court and having taken an oath to follow the law, how can a lawyer act with such disregard for the law, and all behalf of Casey Anthony?  It makes no sense.

Here is the emergency motion, filed by Cheney Mason, filed on the CFS News13 website.

Richard Hornsby, a smart (and sometimes sassy!) criminal defense attorney that I admire, wrote a post on his blog that is excellent and that I encourage you to read – the link to his blog is on my blogroll and a link is available in the quote below.

Richard concludes the following with regards to the sentencing orders for probation:

While Judge Strickland’s intentions were clear, there seems to have been some confusion because the sentencing minutes that were generated after the hearing, and which Judge Strickland signed, simply stated credit for 412 days jail followed by one year of supervised probation. Notably, the sentencing minutes never contained the magical words “upon release” at the end of the sentence – not that they needed to.  ~ Richard Hornsby, Criminal Lawyer

The real question is whether Judge Perry will hear this emergency motion tomorrow on behalf of Judge Strickland.

If the order stands, and I think it will, Anthony will have to report to an Orlando probation officer Wednesday, August 3, 2011, by 5 pm, or she will have violated the terms of her probation.  When that happens, a bench warrant for her arrest will be put in place, and back to jail she’ll go.

Anything could happen at this point – and it probably will!

It’s difficult to read the tea leaves on this one.   Oh boy!  Stay tuned….

1
Aug

will casey anthony serve probation in Orlando?

Is she coming baaaaaaacccckkkk to Orlando to serve out probation in just 72 hours?  That was the buzz today in the Casey Anthony trial saga that just won’t end!

Judge Stan Strickland, the original judge in the State of Florida v. Casey Anthony first degree murder case, also presided over the case in which Anthony stood accused of writing a number of fraudulent checks, charges were pressed against her by Amy Huizenga, a former friend that Anthony stole from.  Anthony plead guilty in this case.

Bang! And the decision is...???

Judge Strickland sentenced Anthony to one year of probation.  At the time of sentencing, he considered allowing her probation to be carried out while she was in jail awaiting trial for the murder of her daughter, Caylee Marie Anthony, but then decided she spend one year of probation upon her eventual release.

There was either a miscommunication or a lack of understanding on the part of the clerk who wrote the order that detailed what was decided by Judge Strickland.

The order, as understood by the Department of Corrections, was carried out by the Dept. of Corrections according to the order for probation, as they understood it.

A probation officer was assigned and Anthony was visited regularly by the probation officer handling her probation.  The probation period lasted one year, as the Judge ordered.

Why did no one question this?

It seems odd that a person would serve probation while in jail.  The purpose of probation, as I understand it, is to monitor the behavior of the individual to ensure his or her rehabilitation into society will be successful. How can that occur when one is locked up in jail and isolated each day for a period of 23 hours? What kind of trouble could a person get into with those constraints?

Of course the prisoner is going to behave!  They are isolated and have no choice! This is hardly the intent of probation.

There are quite a few prognosticators weighing in on what the defense team in the Anthony case will do to stop this probation order.  As I see it, the defense has a few options:

  1. Argue that Judge Strickland recused himself from the Anthony case (after the defense filed a motion to remove him), as such, he should not be deciding this case.  However, it seems that Judge Strickland is still the Judge on record and responsible for the application of the sentence – as he originally intended.
  2. The defense could, and likely will, file an emergency motion to appeal the amended order.
  3. They could request another Judge, potentially causing a delay in the application of the probation order.
  4. The defense could claim “double jeopardy.”  (I cannot see how double jeopardy would apply – the probation is solely related to the fraudulent check sentence.)  No doubt they will claim that Anthony is being persecuted.
  5. The defense may attempt to argue the hostility and danger of Anthony returning to Orange County to serve her probation. I am not sure if the court will care…. that’s a county issue, I believe.

Apparently the good Judge Strickland realized last week that Anthony was not serving probation, looked into it, and set about to correct the situation, much to the chagrin of the Anthony defense team.

Having to bring Anthony back to Orange County to serve her probation would mess up the planned publicity junkets, interviews, magazine centerfold posing, books, and whatever else is planned so corporation Anthony can eek out a living from the murder of her child.

The Conundrum….

Ever since the news broke about the probation issue, my first thought was, “Here we go, again!”  If Anthony returns from hiding, it would be another nutty media circus, providing more attention than is deserved.

Then, I thought, if she is required to serve probation in Orlando it will be deserved hell on earth for her.   But there’s also the question of her security, as we know there are terrible people out in the public who will harass and possibly harm her.  That would not be a desired outcome, of course.

We have the privilege of the First Amendment, and people in the community have a right to protest, but there is also human decency and the safety of Anthony and the public.   Also, it would be yet another cost to the taxpayers to have her in Orlando – she’d have to have protection.

I certainly would NOT want any harm to come to Anthony.  Frankly, I’d like to forget her.

If probation prevents her from profiting, all the better.

It is repulsive that she may be in a position to profit.  If her returning to Orlando will in some way squash the networks cashing in and paying her, that would be a great outcome….. I’m probably only dreamin’ though.

In the meantime, while we wait for the outcome of the probation issue to unfold, I would like to nominate Judge Strickland for President.

Anyone second that motion?

29
Jun

the courtroom as torture chamber

I find it’s difficult to write about the tumultuous day in the Orlando courtroom where Casey Anthony is being tried for the Capital Murder of her daughter, Caylee Marie Anthony.

It was a cruel day for George Anthony, Casey’s father.  It was not a Father’s Day for Roy Kronk, either.

If looks could kill. Photo: Red Huber, Orlando Sentinel

George is an ordinary man who has made ordinary mistakes.  His love for his Granddaughter, Caylee Marie Anthony was extraordinary – more to him than life itself.

Today was a stellar day for the State of Florida, thanks to the defense team.  Jose Baez, the most despicable attorney on the face of the planet, provided the State of Florida with extra energy today.

The performance of Jose Baez, especially today, was slimy; crueler than cruel.

His courtroom performance demonstrates, at least to me, why he should be immediately disbarred at the close of this horrendous case.

Baez tortured George Anthony today for hours.  Is this American Justice?  Can this be what our system is becoming?

When did the courtroom become a witness torture chamber?

George Anthony sat in that cold courtroom with his chest cut open while Baez poured acid into his open wounds.

It was painful to watch. Though I’m sure most everyone cheered the courage that George Anthony had today, no doubt they cried, too, seeing him lay there bleeding.

As he bled, George’s own flesh and blood, Casey Anthony, used her murderous eyes to cut him further.

Were those the eyes Caylee saw as she took her last breath?

My prayer for Caylee, just as her own mother snuffed the last breath from her, was that she was gently taken up by loving hands to a place we can’t see – beyond a veil, protected and loved. To the same place where her “Jo-Jo” wanted to go to be with her.

When George was explaining his suicide attempt, which Baez cruelly mocked, he said, through tears:

My emotional state even through today is it’s very hard to accept that I don’t have a grand-daughter…

I just felt like it was the right time to go and be with Caylee, I just decided that was the time for me to get away from all this, to spend time with Caylee..I didn’t want to be in this world anymore….

His voice trailed as he waited for Baez to land another blow to his already beaten heart.

Hell will have a special room for the likes of Jose Baez.

Anyone who would attack another human being at their lowest and most vulnerable – just when their heart is hanging out and freshly bleeding –  is inhumane and certainly does not deserve to be called an officer of the court – a seeker of the truth.

Clearly Baez never learned the Golden Rule for defense lawyers.  Juries do not like cruel defense lawyers and are likely to punish the client as a result.

The cruelty of this defense and this murderous daughter is coming full circle and will result in a charge of Murder One and the disbarment of Jose Baez.

The accusations, the lies, the innuendos from Baez have all back-fired.  The State will bring it all forward in their closing statements, and will remind the jurors that the truth  and this defense team are strangers, as the Honorable Judge Stan Strickland once said about Casey Anthony.

The boomerang effect has landed a death-blow to this defense.

And, it serves the defense right that their last witness of the day, Dr. Sally “Hello Dolly” Karioth, was more Carol Channing, singing “Before the Parade Passes By,” than she was grief counselor hired to help the defense.  Jeff Ashton skillfully sliced and diced her testimony so skillfully she never knew what hit her!  (By the way, did Judge Perry not see that she was chewing gum on the stand?)

And, lastly, Brandon Sparks, who appears to be a very troubled young man, blew it when he referred to his father as, “Roy Kronk,” and then as his “biological Father,” while testifying.

Jurors are not stupid; they will smell a son’s vendetta from forty paces.

Two children destroyed two fathers today.

2
May

the nonpareil judge belvin perry

Before denying a motion on behalf of half a dozen media outlets, the Honorable Judge Belvin Perry, presiding over the State of Florida v. Casey Anthony, advised Media attorney Judith Mercier that the right to a fair trial, by a jury of one’s peers, is the most fundamental of all our freedoms as Americans.

He told Ms. Mercier that he has already robbed Casey Anthony of one of her freedoms: The right to a jury of her peers in the county where the crime occurred, and he refused to deny her the most fundamental of her rights: A fair trial.

The dilemma with this case, unlike other cases, the media and the public interest is unprecedented, Judge Perry observed.  Judge Perry advised the attorneys and Casey Anthony, he believes this case could potentially outdo the popularity of the O.J. Simpson trial.

Judith Mercier, rabidly and persistently argued the absolute provision of a free press and the peoples right to know.  Her argument, in my view, did not attempt to balance the rights of a defendant to a fair trial.  Instead she argued that Voir Dire should take care of the question of bias in a juror.

“Have you ever tried a capital case, Ma’am, “ asked Judge Perry.  “No,” answered Ms. Mercier.

“Have you ever picked a jury in a Capital Case, Ma’am,” asked Judge Perry.  In answer, Ms. Mercier told Judge Perry, “No.”

There was no empathy or concern from this attorney for the Sixth Amendment Rights of Casey Anthony.

Ms. Mercier maintained in her argument that the harm to the right of the people to know (the location of the jury selection process), trumped everything, including the right to a fair trial.

Judge Perry advised his grave concerns. If he advised these media outlets the location of jury selection in advance,  the explosion of media coverage in that location would taint that jury pool in unmeasurable ways.  The goal is to get the pool of jurors in the jury room and begin questioning them before the media can infect them with news about the case.

In addition, Judge Perry argued that three news outlets have signed the confidentiality agreement – WFTV, In Session, and WBDO.  As Perry advised, these three groups will report freely, thereby allowing the press and the people access to information from the media.  But only AFTER the potential jurors have entered the jury room.

The Judge also advised Ms. Mercier that her clients may obtain the information they want independently, as they are wont to do in other situations every day.

Ms. Mercier accused the court of trying to hide from the media, and the public.   (The arrogance of this attorney was surprising.)

Judge Perry peppered her with questions about other high-profile court cases which she did not recognize:   What other cases have had webpages dedicated to a case, he asked.  In what other case have television stations hired one or two legal analysts to cover a case?  To both questions, Ms. Mercier had no answer.

Judge Perry went on to say, with some anger, what the media outlets really want is a feeding frenzy for ratings.  The result of the press in the location would provide a serious and imminent threat to Casey Anthony’s right to a fair trial.  Trying to balance that would be ludicrous.

If Casey Anthony is not promised a fair trial, justice for Caylee is likewise threatened.

Judge Perry spoke eloquently and passionately with regards to defendants rights.

Judge Perry advised that in denying this motion, and if it is appealed, it would result in a delay in the start of the trial.  Additionally, it would create an opportunity for the defense to ask for a continuance.  The defense has already succeeded in delaying this case, and would surely take every opportunity for a continuance.  A delay in the trial would provide the defense a tremendous advantage as people’s memory will fade as the years pile up.

If this media motion were to go to the District Court of Appeals – and it probably will, my favorite attorney, Bill Sheaffer, observed that the Judge’s decision will be upheld.

The Sixth Amendment Promise

Our rights under the Constitution of the United States of America, afford us rights in criminal cases (Amendment V) and rights to a fair trial (Amendment VI).

Casey Anthony MUST have a fair trial, though it appears that her Sixth Amendment Right (to a fair trial) could be severely compromised, if certain media outlets have their way.

It is terribly important that Casey Anthony have a fair trial, especially since she is facing the ultimate penalty, death.

If this case is delayed, Judge Perry advised that a gag order would go into effect, and he would do his utmost to stop the release of documents to the public.

There would be a “cooling off” period with the gag order that could potentially last 6 months to a year, unfortunately delaying justice for the victim, Caylee Anthony.  On the other hand, a gag order would would prevent Jose Baez from using the media to float theories about other suspects, other evidence, and different time frames to indicate that his client is, in his words, “innocent.”  There is no denying that Jose Baez is not doing Casey Anthony any favors by his proclivity to grand-stand in front of the media about his case.

Whatever happens – a continuance, or if the case moves forward, I am all the more convinced that Judge Perry will ensure Casey Anthony, who probably rarely treated anyone fairly,  can be assured she will receive a fair trial.

The U.S. Constitution is in good hands with Judge Belvin Perry – just as it was with Judge Stan Strickland – and we will be witness of a system at its best.

22
Feb

the meaning of contempt

Speaking tonight to a Florida Criminal Defense attorney, I learned much more about Contempt of Court charges.  It is a very serious matter. Jose Baez could be faced with fines and/or jail, if Judge Perry finds cause for contempt.

Now that the State has filed its motion of contempt, the next step in this process will occur via a ruling motion from the Judge to Mr. Baez that shows cause.  Or, Judge Perry may want to hear from Mr. Baez before filing a ruling.

However, Jose Baez should answer the State’s motion with his own motion to strike before the Judge moves on the State’s request.

When an attorney is held in contempt, they have a right to an attorney and a trial.  Contempt of Court is a criminal proceeding.

The attorney I spoke with told me that Mr. Baez’s’ claim as to not understanding the Court’s directions is in fact, a viable defense against contempt charges. (This surprised me – I asked this question three times, just to be sure I heard it correctly!)

There are two kinds of contempt charges: Indirect and Direct.

Jose Baez is charged with indirect contempt, which means the conduct occurred outside of the courtroom.

Direct contempt means the lawyer insulted the Court, argued with the Judge, or disrupted the proceedings.

With regards to confusion, or a lawyer not understanding.  It was explained to me that confusion can happen on either side of the aisle, but generally lawyers do not wait to clarify issues.  When a case is confusing with so many witnesses, things get overlooked, or deadlines are missed. As pointed out earlier, Mr. Baez’s’ claim of confusion will be his defense if he’s charged.

I asked what kind of punishments generally happen with contempt charges.  He said, “Suspension of the license, jail time, fines, requiring the lawyer to take remedial law classes, or the Bar can intervene and apply sanctions.  It really depends on all the factors at play in the contempt case”, he said.  Indirect contempt is usually filed by the opposing attorney, as in this case, and usually occurs when rules that would benefit the opposing party, are broken – such as in this case, deadlines being missed are a burden on the State of Florida.

Another question I asked,  could Judge Perry remove Baez from the case?  “It is possible, but I’ve never heard of it being done”, he said.   He told me that he has heard of a Judge appointing a supervising attorney – that would be a helpful option in the Casey Anthony case, I told him.  He agreed!

What generally happens when the Court has issue with a lawyer, the Court holds a Nelson Inquiry (Judge Strickland did this), which means the Judge asks the defendant if they would like to continue with his or her attorney and are they satisfied with their representation.  If the client wants to continue with their counsel, the Judge will respect that right.

Nelson Inquiries are usually a result of a client saying they want a new lawyer – the judge will question the lawyer as to what work they have done on the case (motions, depos, discovery, etc.) if the Judge finds that the Defense lawyer is doing his job for the client, he will deny the request for new council.

It was a very interesting discussion!  I’m even more anxious to know what the outcome will be.

9
Jan

a fair trial with Baez?

Our rights under the Constitution of the United States of America, afford us rights in criminal cases (Amendment V) and rights to a fair trial (Amendment VI).  Casey Anthony MUST have a fair trial, though it appears that her Sixth Amendment Right (to a fair trial) is looking severely compromised, ironically by her own attorney.

It is terribly important that Casey Anthony have a fair trial, though she doesn’t seem to care one way or the other.  She is fighting for her very life and she appears giddy and silly and flirtatious with the lead counsel on her defense, Jose Baez.

There is no denying that Jose Baez is not doing Casey Anthony any favors by his two year proclivity to grand-stand in front of the media about his case.  As the Orlando Sentinel aptly points out, Baez has up to now, tried his case in the public, using the media to float theories about other suspects, other evidence, and different time frames to indicate that his client is, in his words, “innocent.”

Needless to say, he has a tough client in Casey Anthony, but as legal scholars and practicing attorneys such as Bill Shaeffer and Richard Hornsby point out, Baez is in way over his head, and the defense case is in trouble.

Last year the Honorable Stan Strickland filed a complaint with the Florida Bar upon learning that Dominic Casey was on record as saying that if he were to find the body of Caylee Anthony, Dominic should call Baez before calling law enforcement.

The Florida Bar ruled for Baez, indicating they found no probable cause to support the complaint.  As of today, Baez is in good standing with the Florida Bar, though that was not always the case.

Jose Baez has only been practicing law since 2005, though he graduated law school eight years earlier, he was denied entry into the Florida Bar due to financial and ethical problems.  When the Florida Bar refused to let him practice law, Baez appealed to the Supreme Court of Florida, who agreed with the Florida Bar, and denied his entry.  In response to Baez’s’ appeal to the Supreme Court, they wrote an opinion, part of which concluded:

Each of these instances of financial irresponsibility standing alone may have been subject to reasonable explanation; however, we find that when considered together and with his violation of the court-ordered child-support obligations, these events show a total lack of respect for the rights of others and a total lack of respect for the legal system, which is absolutely inconsistent with the character and fitness qualities required of those seeking to be afforded the highest position of trust and confidence recognized by our system of law.

You may read the Florida Supreme Court opinion on the matter of J.A.B. here:  FLORIDA BOARD OF BAR EXAMINERS RE: J.A.B. Note:  in the Supreme Court appeal, the initials J.A.B. are used to hide the identity of the claimant, but the Orlando Sentinel uncovered documents that point to the identity of J.A.B. as Jose Angel Baez.

An Orlando Sentinel article, Can Jose Baez Rise to the Challenge of Casey Anthony Case? touches upon some very serious concerns that Casey Anthony herself should be questioning.

It’s difficult to understand how someone who is fighting for her very life would settle for, if not the worst, among the worst lawyers practicing in Orlando.

Could Baez be promising Casey Anthony the moon with a silver lining?  Is he whispering sweet nothings in her ear?

She is shielded from much of the news – no television or newspaper.  Is it even possible that Baez is leading her to believe she will be found not-guilty and set free?

Anything is possible, certainly, but not that!

Oh, please, not that.

7
Aug

the death penalty… stop the madness!!!

I live in Florida.  If you  live in a death penalty state, too, then you and I, We are the People who the State Attorney Office serves when they find cause to charge an individual with a crime and/or put them to death.

We the People, though not “present” in the courtroom, are represented in good faith by the State Attorney’s Office.

In the Casey Anthony case, in Orlando Florida, these good people are Jeff Ashton and Linda Drane-Burdick.  And of course, the Judges: the popular and kind Judge Stan Strickland, and the serious and even tempered Judge Belvin Perry, (who does seem to have a sense of humor, but of course, the courtroom is not place to show it.)

These are good people, all. And they are doing, with honor, the work that the People of the State of Florida would expect.

I don’t want to dishonor these good people as I rail and I scream about the death penalty.  All these fine folks who are working diligently for justice for Caylee, are doing their job….

However, and you can holler at me all you want, they didn’t HAVE to go with the death penalty in this case, did they?

Remember, they originally had it on the table, then took it off, then put it back on – after the discovery of the body?

Judge Perry, the Judge overseeing the Casey Anthony case in Orlando, Florida, recently ruled on eight motions put before him regarding the death penalty.

Eight arguments denied.

The heretofore Defense attorney, Andrea Lyon, attempted to argue that the death penalty was unconstitutional.  Not so, says the Judge, as he must follow the law.  He must follow the law, bad or not, he must follow it.

Andrea Lyon had an uphill battle anyway.

The death penalty IS unconstitutional and unconscionable, in my mind, anyway.  The death penalty belongs in Third World Countries, but not in the United States of America – the land of  the free and the proud.

According to the PEW Charitable Trust organization, there are still 38 states who allow the death penalty.

Time and time again you’ll hear this study and that study declaring that the death penalty does nothing to thwart murderous villains from acting as they will.  But, jail does stop them.  Jail works, for the most part.

I don’t want Casey Anthony sentenced to death, and she very well may be, though it will be overturned on appeal if she is.  I say that because her second trial will take place with a real lawyer who will focus on her mental illness, as should have been done at the outset of this trial, I believe.

Being in jail and facing the certainty of death changes the criminal, for the most part.  Time and time again I have read how the criminal does a 360 about-face, becomes more human and totally repentant.  So, how do we play God and kill such a person?

In the name of God, is capital punishment part of His teachings?  Isn’t God a totally forgiving God?  Why we won’t emulate the forgiveness versus relying on a vengeful God is something I will never understand.  It reeks of contradictions.

Death is too final and we are merely mortals.

What if we make a mistake and we put to death the wrong person?  It has happened time and time again.  That has got to bolster the argument AGAINST the death penalty. Right?  Wrong.

But, I’m singing in the wind. Who is listening?  Nary a soul.  Does anyone think about this anymore?

Did you know that in Utah a prisoner was killed by firing squad very recently?

One.

Two.

Three.

Four.

….bullets to the heart, and

Done.

In the name of the people of Utah, in the name of God and the law, a human being was placed before a firing squad and killed for the wrong he did to society over 25 years ago.

25 years ago. We kept him alive for 25 years only to kill him.

1
Jun

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

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.

22
Apr

a simple thank you to Honorable Stan Strickland

Clearly I am not alone in my appreciation of you, Judge Strickland. So many of us share in appreciation and gratitude for the stalwart work you have done over these long two years.  (Of course, we would have liked to have seen you preside over the next two years also.)  There is great angst among us, but sometimes life has a way of inserting itself into situations that are beyond the beyond of confounding.  So, acceptance and understanding is the order of the day, I suppose.

My friend and fellow blogger, auntdeedee, calls those of us who seek the truth, (like my friend Marinade Dave), “Caylee’s Friends.”  We are all bloggers and lovers of truth.  We have taken up the cause of this little girl with the woeful eyes and lilting little voice as if she were our own.  I can say with some conviction that I think you have, too.

It is terribly depressing, as you well know, to see the extent that human beings will go to hurt, maim or kill one another for sport. But, when the victim is a child, there is an anger that rises and burns in me and seems never to heal. Injustice turns my stomach but the murder of a child rips it in two.

The thought of all the hatred and crime in this community of humans is too much at times for me to ponder. So, I am thankful for folks like you who do the job for the citizens of the community. I am grateful for the men and women like you who can stomach the horrors of such crimes, and who seek truth.

I cannot mourn all the children who are lost or battered or thrown aside like yesterday’s news. So, I have taken up the cause of seeing justice for little Caylee, who is for me, a symbol of all children who suffer and have suffered.  For all the children like Caylee who never had a voice, I stand for them.

And I stand for you, Judge Strickland, and I honor you for your work.

When you said in your final ruling:  “An innocent is dead and the life of an accused citizen hangs in the balance.”  It said it all.

An innocent is dead.  There is an accused citizen.

I can think of only one thing worse than the death of a child and that is wrongly accusing an innocent of the act.

As you say, there is great “gravitational force [and] consequence” in ensuring that justice for Casey is also given it’s due.  That is why I applaud what you did, and how swiftly you did it.

I am sorry this happened, but I thank you for standing up and doing the right thing.  I know my friends would join me in saying: We thank you for your impeccable service to this case.

Lastly, I wanted to close this missive by sharing with you a note left on my blog by a reader, Judy, from Pennsylvania, who writes:

I’m not a follower or a blogger but I would like to know where I can leave a post for Judge Strickland. In my opinion his stance on being recused and his recusing himself was absolute genius. He did so with grace and dignity and Florida has to be very proud of him. I watched every live feed I could find from my home in Pa., about the Casey Anthony case and felt he always based his decisions on the strictest order of the law. I feel Florida needs to honor this man for the great jurist that he is. I’m extremely pleased that the new judge is one of Florida’s meanest and toughest because this case needs to be tried only once. By meanest and toughest, I don’t mean it in a disrespectful way but in a way of keeping the defense in their place and not allowing them the least bit of leeway. I haven’t judged Ms. Anthony guilty but the evidence that I heard is overwhelmingly against her. I truly hope that justice will prevail for her and her family. I can only imagine what it’s like for the Anthony family that has lost a sweet little grandchild.

Now I will also “Let It Be”.

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