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Posts tagged ‘Texas EquuSearch’

19
Oct

civil lawsuit news in the anthony case

The Florida vs. Casey Anthony murder trial is long over, but I am still very interested in the legal ramifications, and the civil case fallout, which continues to fall out.

Now, that Anthony has civil lawsuits to contend with, this interesting but bizarre story will continue to draw a media audience.

It was reported in the media just today that a Orlando Judge refused to throw out the lawsuit filed by Tim Miller of Texas EquuSearch.  As you know, Tim Miller is trying to recoup thousands of dollars worth of time and resources that were poured into finding Caylee.

Tim Miller should have his day in court, especially since Baez admitted in his opening statement that  Caylee was never missing but drowned on July 16th.  And since Anthony was found not guilty, she has to answer for her  fraudulent claims.

She’s got Baez to thank for that.  Since, as a result of Baez’ telling the jury that Caylee was “never missing,” and because Anthony was found not guilty, Baez has essentially confirmed that Casey Anthony fraudulently duped the public and the public servants into believing that Caylee was alive.

Not for a moment do I believe that Baez thought Anthony would be cleared of the murder charges.   If he actually thought he had a chance to win the case, I doubt he’d ever admit that Anthony knew all along that Caylee drowned.

I wonder if this story and the George and Lee Anthony abuse allegations were just a last-ditch Hail Mary?  I can’t imagine that Baez would go out on a limb with such stories had he known there would be financial consequences, or perhaps those impacts never entered his mind.

If Anthony had been found guilty, she’d not be responsible these tremendous costs that will continue to pile up.  That’s one reason I honestly don’t believe Baez thought he’d prevail in this case.

The State Attorney had more than enough evidence to convict – everyone believed it, too.  No one in their right mind thought Baez could or would win this case!  But then, no one counted on his ability to connect so well with the jurors, who to the defense’s benefit, turned out to be spineless followers only interested in getting out of Dodge.

Everyone was sure Casey was going to spend many years behind bars.

Until the perfect storm blew in from Clearwater, Florida.

On another note, Charles Greene, Anthony’s Civil Attorney, has a motion on the table to stop the release of the Morgan and Morgan recent video deposition of Anthony.   Greene filed an emergency motion to seal the video.  A Judge will hear arguments tomorrow.

Let’s face it, if the video is released, and I’m sure it will be, it will only serve to rekindle the public’s  anger toward Anthony.

It’s time to end the hate – that does not mean forget, it means public vitriol against Anthony is uncivilized.  Just my opinion.

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11
Oct

will it be belly up to the bar for Jose Baez?

It has come to pass that Jose Baez, Lead Defense Attorney for the acquitted  Casey Anthony, is in the cross-hairs of the Florida Bar.  The Orlando Sentinel reported just today that there are two separate Florida Bar complaints against Mr. Baez.

Two complaints!  We don’t know the seriousness or the purpose of the complaints.  We don’t know who filed them.

What Led Up to the Current Bar Complaints? 

Jose Baez has been the subject of a lot of criticism.  His personal and professional life has been extensively reported on by the media.

Mr. Baez’ past is marked by behaviors that delayed his acceptance into the Florida Bar as a lawyer for a few years.  The Florida Bar took its time before it granting Mr. Baez his license to practice.   It was only in 2006 that he was admitted by the Bar.  He became involved in the Casey Anthony case in July of 2008.  Hardly time for the water to dry behind his ears, though that didn’t stop him.

It didn’t matter to Jose Baez that his experience was minimal at best in criminal cases, and he had NO experience with Capital Murder cases.   And, boy did it show.  He was like the court jester; but no one was laughing with him, they were laughing at him.

To be (somewhat) fair, Mr. Baez did improve as the months and the years wore on.  Oh, but his rogue-dog attitude never left him.

In my opinion, having closely watched his performance, I thought he was completely lacking ethics.  He was, in my opinion, a total sell-out to the truth.  Granted, Defense Attorneys have to be zealous advocates for their clients and ensure the government can prove the charges beyond any reasonable doubt, the goal should be to seek the truth, or am I being naive?

Both sides of the attorney aisle are adversarial by design.  They have tricks under their sleeves, but they usually don’t sell their soul to the devil to win a case.  Right?

Jose Baez in court. Photo credit: Red Huber, the Orlando Sentinel June 21, 2011

Jose Baez put his entire career on the line with this case; but he won it.  He won the case of a lifetime.

Was it a fair win?  I don’t think so, personally, but I accept the verdict because it is final and it is binding.  No one will be able to investigate Casey Anthony’s involvement into Caylee’s murder again.  It’s over and Casey Anthony should be left alone to live out the rest of her life.

If, like OJ Simpson’s foray into crime after his acquittal, she should engage in another criminal act, and get caught, she may see those grimy jail bars again, just like OJ did.  Time will tell if she can be rehabilitated.

Perhaps someday Casey Anthony will have an anonymous and happy life.   It’s debatable – the deck is stacked against her.

Who Filed the Complaints, and What is the Cause?

Of course, I am only guessing about this, but I have an idea of a couple of individuals who may have filed the complaints.

Judge Belvin Perry?

At the end of the trial, Judge Belvin Perry planned on having a hearing with regards to what sanctions to bring against Jose Baez.  However, when the defense won the case, nothing further was publicly addressed about this issue.  It was left on the table.  I thought at the time that it would seem like sour grapes, or prejudicial, to bring the sanctions up so soon after the verdict was announced.

I tend to think that Judge Perry took up the issue with the Bar in the form of a complaint rather than address it publicly in the Orlando Court.

I wrote an article about the violations that plagued the trial; it’s titled, Yet Again, Judge Perry says Legal Violation by Baez.

The fact is, Judge Perry and the State of Florida, particularly Jeff Ashton, had constant run-ins and legal battles regarding Discovery rule violations by Mr. Baez, who pretended he was unaware of the Florida Rules of Criminal Procedure which details EXACTLY how lawyers are to obey the rules of Discovery.

Was it Jeff Ashton?

Did one of the complaints come from Jeff Ashton?  Mr. Ashton was constantly thrown under the bus by Mr. Baez’ deliberate refusals to turn over evidence or expert reports.  (Perhaps it was  another attorney in the State Attorney’s Office, though I can’t see Linda Drane-Burdick filing a complaint, it’s certainly possible.)

There was a big issue about expert reports that were not filed.  Mr. Ashton wrote a motion that requested the Court hold Jose Baez in contempt.  I wrote an article about this, titled:  Show Cause or Else Be In Contempt.   This motion required Mr. Baez to argue why he should not be held in contempt.   As it turned out, he was not held in contempt, he was sanctioned – I believe the total was approximately $500.00.

Was it Stogskill Court Reporting?

Then there was the Court Reporting Fiasco in which a firm outside the state of Florida was used by the defense.  The issue here was the defense wanted to pay Stogskill Court Reporting Services, (after the work had been done) a rate that was lower than what the firm charges.  The owner of the firm wrote a letter of complaint to Judge Perry, stating he was lied to.  It is possible this firm could have written to the Bar.  The story is titled, More Defense Woes? 

Could it Be Brad Conway?

Maybe Brad Conway filed a complaint?   Was Mr. Baez aware that Laura Buchanan was going to falsify Texas EquuSearch (TES)  documents?  Brad Conway was inadvertently put in the middle of the TES fiasco.  Here’s a story about that issue, titled: Big Trouble for Baez?          

How a Bar Complaint Works 

According to the Anthony Colarossi, Orlando Sentinel Reporter, the two Bar complaints are concerning professional conduct during the Casey Anthony trial.   There are different levels a Bar complaint has to wind its way through.  The first level is a staff review.  Apparently, if the complaint ends at the Staff Review, it will go no further.  The other complaint against Mr. Baez stopped at this level.  In this instance, however, both complaints are headed to a grievance committee.  Below is how Anthony Colarossi explains it:

The Florida Bar confirmed Tuesday that two complaints over professional conduct filed against Casey Anthony attorney Jose Baez have progressed to a grievance committee.  This means the complaints have not closed without discipline and moved from staff level to the next point in the process.  The volunteer grievance committee is the rough equivalent of a grand jury. The nine-member panel will ultimately help determine whether to bring charges against Baez under Florida Bar rules of conduct.  It is not exactly clear what the two complaints involve, but they do cover Baez’s representation of Casey Anthony, according to Francine Walker with the Bar.

I’m told that Bar complaints take a while to process through the review phase.  It will continue to be a waiting game for Mr. Baez.  Something tells me he’s not worried; he’s beat these complaints once already….

I wonder if his Teflon will hold up?

12
Jul

an honorable OCSO; an honorable Judge Strickland

It was another interesting day in Orlando as the Law Enforcement and Judicial community resolve to accept the Not Guilty decision in the State V. Casey Anthony trial.

The Orange County Sheriff’s Office (OCSO), today held their first and only press conference to discuss the work they did over the three years the case progressed.  (The men and women of the OCSO are the best of the best – literally.)

The well-spoken Sheriff Jerry Demings attended and discussed the devotion and the hard work the men and women of the OCSO put into this case.  He also mentioned that the Caylee Anthony case, as a father and grandfather himself, personally affected him.

At the press conference it was confirmed that George Anthony was never a suspect in the disappearance of Caylee Anthony.  There is an open investigation into witness tampering with regards to Laura Buchanan and it is on going.  Detective Eric Edwards is leading that effort.

You may remember that it was Laura Buchanan who the defense team wanted to use to prove that Caylee’s remains could only have been placed at her final destination only AFTER Casey went to jail.  The problem, as it turned out, Laura Buchanan (or some one else), attempted to fabricate a Texas EquuSearch document so it appeared that she had searched in the area where Caylee was found, when in fact she had not been in that area.

The defense wanted Joe Jordan to provide a similar story, but as we heard in the trial, Jordan was mistaken about where he searched and admitted he had not been in the area where Caylee was found.

This mystery will continue to unfold.  The question on the table is whether Laura Buchanan created the paperwork herself, or if the document, and the story, was manufactured by someone from Jose Baez’s office.  The OCSO is not talking about it at this point since it is an open case.

There was a very large picture of Caylee on display at the press conference.  When asked about the picture, the replies given were heart-felt.  “It was always only about Caylee,” was the unanimous response.

If you missed the OCSO press conference, the WFTV website has included the video in two parts.  Click here: Part One.  Part Two.

The Honorable Judge Stan Strickland

Judge Stan Strickland, snipped: WESH.com

Reporter Bob Kealing of WESH, did an excellent interview Judge Stan Strickland, who was the original Judge assigned to the case prior to Judge Belvin Perry.

Those of us who were following the case closely during the early days were thrown for a loop when Judge Strickland recused himself.  Like Judge Perry, Judge Strickland proved to be an extremely fair and balanced jurist – thoughtful and kind, but no-nonsense.  It was a great loss, we all felt.

Judge Strickland’s style was somewhat more restrained than Judge Perry’s.

I especially liked him because he is not one to sentence death, unless the law demands it. In fact, he told Bob Kealing that the thought of Casey Anthony facing the death penalty kept him up a few nights.  In contrast, Judge Perry, as a former prosecutor, did have a history of leaning toward Capital Punishment.

It was the defense’s doing to get Judge Strickland recused from the case – and the reason for it was nonsensical – so it was ironic for the defense when they were handed Judge Perry who is pro-death penalty.  Judge Strickland, in his recusal from the case, wrote with regards to media attention, “The irony is rich indeed.”

Linda Drane-Burdick used the line, “The irony is rich indeed,” in her closing argument, too.  I’m certain she was expressing a respectful homage to a very fine Judge.

Here is the full interview with Judge Strickland. It’s excellent! Click here to watch on WESH.

In other news

Cindy Anthony will not face perjury charges; and Tim Miller of Texas EquuSearch, filed a lawsuit asking for $112,000  in damages against Casey Anthony.  There is a bill pending from the State of Florida, too, which will recover costs from Casey Anthony for the investigation into Caylee’s disappearance.

Justice

That’s about all the news I have for you tonight!  In the meantime, I will leave you with this thought, from Dr. Martin Luther King:

The arc of the moral universe is long, but it bends toward justice.

Even though a final decision was made by unsuspecting men and women regarding the guilt in the death of Caylee Anthony, we have to accept it.  This is our system – and, here on earth, there is none better.

But, there is a balance in the universe; and I believe that someday Casey will be forced to see her crime and she will be punished according to the laws of Karma, and the Universe.

That’s what I believe, anyway!

10
May

day two of jury selection

It was another interesting day in the jury selection process in the State v. Casey Anthony Trial.

There is great tension and desperation in the air for the defense.  As much as they try to hide it, Casey Anthony’s fear is palpable.  It’s evident in her eyes, body language and behavior in the courtroom.

One of the media sources, (WFTV was the original source), mentioned that Jose Baez was overheard saying, “You’re acting like a 2 year old,” to Casey Anthony. If that is true, and I have no reason to believe it’s not, I find it disturbing.   Jose Baez is not her father.  He’s working for her and she’s facing death!

The two of them proceeded to avoid each others gaze after exchanging these words.  They also, according to the Caylee Daily, sat apart from each other at the defense table.

They are unhinged.

Apparently, someone on the defense was monitoring the news reports on the Internet today because they complained to Judge Perry that their “private conversations” were being posted on the Internet.  Judge Perry said, “Folks this is a public courtroom.”

The Air Tests

With regards the “smell” in the trunk of Casey Anthony’s White Pontiac; no less than ten people could testify to the “smell” that emanated from the trunk.

Cadaver Dogs alerted to the scent, many police officers, FBI representatives have probably gotten a whiff and could attest to the “smell.” There is NO denying a human body was in that trunk!   EVERYONE knows a human body decomposed in that trunk! But the defense keeps trying those Hail Mary motions and it’s getting very old. Can they not stop their whining and face the truth about this evidence?

The duty of the defense is to challenge the evidence produced and offered by the government. The defense does not have the burden of proof.   There should come a point when they are forced to stop wasting the courts time to argue the court’s rulings over and over again!   There should be a limit, right?  There should come a time when a defense team has to stop their desperate struggle and fish, fish, fish, fish for any morsel of hope to get the Frye evidence thrown out.

Today, with regards to the evidence of post mortem banding indicating decomposition on a strand of Caylee’s hair, the defense attempted to convince the Judge that there was some kind of “new” research study being worked on that claims that when hair is exposed to well-water, it COULD mimic decompositional banding on  hair.

The problem with this argument?  It is a research study that was mentioned in a deposition – it’s in its infancy, but the defense wants to stop the presses to go check this out.  The Judge says NO  no more fishing expeditions.

The Judge had a change of heart about the air tests.  He had time last evening to rethink the air test database issues, despite the defense asking for a rehearing on the matter, and the FBI is going to supply the names of the compounds in the  database, which was utilized by Dr. Arpad Vass in the air testing, therefore, the Judge has denied all defense requests with regards to blocking the air tests.  Phew!

Jury Selection Cut Short Today

With regards to Jury selection today, it was quite interesting – never a dull moment, it seems!  As it happened, a woman, who was also a Texas EquuSearch volunteer and a possible witness in the case, was called for jury duty and in the jury pool!

Instead of keeping her thoughts to herself about the case, she spoke either directly to, or within ear-shot of nearly a dozen prospective jurors.

When Judge Perry learned this, out of an abundance of caution – fearing the entire panel may be tainted, he excused the entire pool of 50 people.

Voir dire of this remaining pool came to a end at about 3:00 today, and the Judge estimates that jury selection is nearly 3 days behind schedule, unfortunately.

And finally, I just read a media report from Adam Longo, who spoke to Jose Baez and Cheney Mason.  Watch it here.

Mr. Baez and Mason – Selling Their Souls Story

The long and the short of it?  Jaws will drop, they say, when they learn how the defense will explain what “really” happened in this case.

I’m going to say it, once and for all, these two defense attorney’s are living in another reality – they are either enormously stupid, completely gullible, shamefully dishonest, or they are horrible attorneys.  I am sick to death of their claims with regards to their client.

How dare they engage in media appearances at this point in time?   I know that when you have no case, you must appeal to the public, but it’s wrong on so many levels.  It infects the system of justice. They are lawyers, they should act like Officials of the Court and have some sensitivity for the sanctity of the law.  The system of justice is adversarial, yes, but it should not be smoke and mirrors, sleazy attempts to “brand” their case in the media, and they should not become outright media whores!

That’s my band wagon for today. Well, I have one more item to discuss, and it’s terribly disappointing and completely unexpected.

America’s Most Wanted

I got an email from a producer at America’s Most Wanted that Yuri Melich did not win the America’s Most Wanted All Star Award.  I nominated him and was absolutely so sure he would win.  I was so sure!

But he didn’t win.

We all gave it a good try, we really did – I saw that so many people following this case took up the cause and voted religiously for Yuri.

At least he knows that our gratitude for his work is endless – we all should feel good about that.

But, darn it all, anyway.

28
Mar

the George story, sadly, is reasonable doubt

Last night I wrote about George Anthony as being the reasonable doubt the defense needs to save Casey Anthony; WFTV is currently running the same story.

This is a very strange case of serendipity for me.

September 2008 - Credit: WFTV

Sunday morning, I happened to think about some “what if’s” in this case, and I thought about George Anthony – and all the ways he would be a candidate for the defense to use to raise reasonable doubt.

So, last night I wrote a story about George and reasonable doubt, but didn’t want to publish all the details as I was afraid it would give someone (on the defense), too many ideas…. Besides which, it’s a horrible story –  a terrible thing to do to one’s own father, no matter how nutso the father is, it’s just wrong.

Then, this morning a blogger named “Thinker” posted information that agreed with my story, and told me about the two women, Patricia Young and Sharon Cadieux who are newly added defense witnesses.  They are added witnesses to the defense because they were protesters at the Anthony home, in 2008, who George pushed and who notified the police.  Coincidentally, that was one of my examples of George’s propensity for violence that I thought would make him a candidate for creating reasonable doubt, but I didn’t want to write that for fear it would give some folks (the defense) ideas….. The story is contained in the WFTV link below.

“Thinker” also told me that the newly added witness, Dr. Weitz, specializes in post traumatic stress disorder (PSTD).  Of course Dr. Weitz could support the theory that Casey, after suffering the abuse of George and Lee, suffered from PSTD, hence her bizarre demeanor.  Their theory could be that Casey acts so bland and blank because of PTSD.  Casey might even have done all the partying and inappropriate behavior during those 31 days because she was suffering from PTSD.

Now, come to find out, the defense must have been planning this blame it on George strategy for a while.  Although I have always thought that, given the sexual abuse allegations, the defense might find a way to make George the fall guy, the Patsy, or the Guilty one – however you want to characterize it, I am amazed it is actually coming to fruition.  But, I am not surprised – as much as the idea of using George as reasonable doubt is gross, it is also the only thing the defense has right now.  The defense team, as we have seen from the recent Frye Hearings, are not strong in the science aspect.  And then, they lost the motion to suppress the statements and the “Agents of the State” motion, which was a huge blow to them.  They have to use George or they have no case.

Please know that I don’t believe any of what I am about to write here, but I wanted to point out to you why George is potentially powerful reasonable doubt.  Why?  Consider this:

  • George saw Caylee the morning of the 16th.  Did something happen to Caylee during his watch?
  • Caylee was found in the clothes George described she was last seen in.
  • The duct tape came from his home, as did the garbage bags, the laundry bag, and the baby blanket.
  • George has a rotten temper, as evidenced in the Morgan & Morgan Zenaida depositions, and elsewhere.
  • George has changed aspects of his story, and some of the facts around Caylee’s disappearance, a number of times (i.e. the smell in the trunk).
  • George had access to Casey’s car.
  • George got so near Casey’s car to remove a wheel lift, Casey beat him to the trunk of the White Pontiac and thrust the gas cans she’d stolen in his arms.  But he was very close to that trunk – close enough to smell it?
  • George had the opportunity – his work schedule was erratic.
  • There are reports that George threw his own father through a plate glass window at the car dealership his father owned, Rick Pleasea is on the defense witness list and can testify to this.
  • As a former police officer, could George have the right amount of know-how needed to hide the crime for this long?
  • George told River Cruz that Caylee’s death was an “accident that snow-balled out of control”.  How would George have knowledge of this?
  • George attempted to “borrow” $20,000 from River Cruz – he did not have the means to pay it back.
  • George (and Cindy) have ties to the “Kid-Finders Network” an allegedly fraudulent missing children organization.  Are the rumors true that he skimmed a bit of cash off the top?
  • George (and Cindy) refused to work with or participate in the Texas EquuSearch team searches.  Did he not want Caylee found?
  • George left the pool ladder out, or so said Cindy.
  • Cheney Mason has already hinted the defense interest in the possibility of drowning.
  • Did George attempt to make it appear like Caylee was kidnapped, hence the duct tape over the little angel?
  • The pushing and shoving and temper tantrums when he physically pushed the two new defense witnesses.

Thank you to “Thinker” for all the material that’s provided here!  I am very grateful, Thinker. 🙂

Police report: http://i.cdn.turner.com/cnn/2008/images/09/08/9-7.battery.report.pdf

Defense motion to add witnesses: http://www.docstoc.com/docs/74800968/20110322-Defense-Motion-Clarifying-Motion-for-Leave-For-Additional-Witnesses

Original WFTV coverage of altercation at Anthony’s home: http://www.wftv.com/news/17393803/detail.html

Today’s coverage of the story: http://www.wftv.com/news/27348810/detail.html

There will be much more to report on this story…. stay tuned!

1
Feb

any more hat tricks?

It is being reported today by WESH in Orlando, and other sources, that Laura Buchanan, the once hopeful witness for the Casey Anthony Defense, admitted that she did falsify a Texas EquuSearch (TES) field report.

It has long been suspected that Laura tampered with a TES report, even adding names of other searchers in an effort to bolster her story.  It all backfired.

Laura contacted the Defense team sometime early in January 2009 to say she DID search the Suburban Drive location and it was DRY and there was NO body.  The Defense, however, waited for quite some time before moving on the supposed exculpatory evidence.  Were they suspicious of Laura Buchanan’s claims, hence the delay in waiting to bring this evidence to light?  Was the Defense investigating Laura Buchanan’s claim to be sure it was valid?  The answers appear, at this point, to be no and no.

It was in August 2010 that the Defense team filed this meandering mess of a motion: Response to Quash the Court’s Order on Defendant’s Application for Subpoena Duces Tecum for the Documents in the Possession of Texas EquuSearch Based on Bad Faith

This motion states that both Joe Jordan and Laura Buchanan are witnesses to the fact that the location were Caylee was discovered was dry in September 2008, and no body was present.

Of course we know that Joe Jordan was misrepresented regarding searching with Laurie Buchanan; and now we know that the Laura Buchanan document that could have provided exculpatory claims, was patently false.

Makes you wonder what’s the next rabbit to come out of the Defense hat.

Incidentally, the collection of documents contained on the link above, include the OCSO investigative documents used in Brad Conway’s interview with regards to this issue.

31
Jan

big trouble for baez?

Nancy Grace would be bellowing: BOMBSHELL about the interview between Brad Conway and the Orange County Sheriff’s Office. Why?  There are serious implications against Mr. Jose Baez.

The scenario, or situation that I am about to discuss, goes back to Laura Buchanan and her propensity for making up grand stories that might just help the Defense team a whole lot. It also involves Mortimer Smith, Andrea Lyon’s private investigator, and his propensity to elaborate without basis of fact.

As you know, there is a separate case being pursued against Laura Buchanan.  In the process of pursuing her case, issues have come to light that do not shed a good light on Jose Baez.

The cast of characters in this story are: Jose Baez, Mortimer Smith, Laura Buchanan, Mark NeJame, Brad Conway, Joe Jordan, OCSO, and indirectly, George and Cindy Anthony.

Narrative – breaking it down

Laura Buchanan, to insert herself into the case, allegedly alters a Texas EquuSearch (TES) search document that she, being a team leader, would have used during the search for Caylee Anthony.  Laura Buchanan searched the Suburban Drive area on or around September 1st.  She also had searched the Blanchard Park vicinity, and was in possession of the field reports that document the search.  These documents are the property of TES and were to be turned in at the end of the search to a TES staff member in a debriefing session.  Why did Laura have a TES search document?  Apparently Laura missed a debriefing session with TES at the end of her search and kept one of the field documents.

You may recall when Todd Maculuso stood (2009) in open court and professed that they have evidence that Caylee’s body was not in the vicinity of where it was ultimately found?  Furthermore, they were asserting that the body HAD to have been put there  AFTER Casey was imprisoned, and the defense is able to prove the area was dry, because TES searchers, namely Joe Jordon, searched that very spot and found nothing.

That was a huge thing for the defense, and would be significant exculpatory evidence that would benefit Casey Anthony.  You may remember there was a lot of hubbub in the media about this new claim.

In February of 2010, Jose Baez began asking Brad Conway to contact Laura Buchanan for him.  Baez made it known that she would support what Joe Jordan claimed – that she searched that very vicinity and there was no Caylee.

Brad felt it was not his job and he did not do it – he didn’t understand why Baez would make that request of him, especially since the evidence is critical and exculpatory.  Besides which, Brad was furious at Baez for going behind his back to work with his clients,  the Anthony’s, on a request to reverse the previous waiver of conflict that had allowed Mark NeJame to represent Texas EquuSearch founder Tim Miller Anthony’s.  In other words, Baez wanted Mark NeJame out of the picture totally and he did it behind Brad Conway’s back.

Baez also asked Brad to look in the TES records, stored in NeJames office, and look for the name Laura Buchanan on any of the documents from TES.  Brad did this for Baez and found no documents with Buchanan’s name. Which leads one to conclude that these documents were in the hands of Laura Buchanan.

Then twice in April of 2010, Baez again asks Conway if he ever got in touch with Laura. Brad said he did not.

Brad states:

It was odd to me that he was asking me this in.. in 2010 because in 2009 we’d gone through Joe Jordan and.. and other individuals that had supposedly exculpatory information and then it didn’t pan out. So, now you know we’re into February 2010, and now where Buchanan is coming up again. Ah, we’re.. you know ah, ten months, nine, ten months after he first started asking me aboutLaura Buchanan and these documents that would help his client out. And he’s still asking me if… if “I” ever got a hold of her? If “I” ever got these documents? And again that strikes me as extremely bizarre that documents that would be that important if they existed, wouldn’t be in his hands by now.

Bottom line to this scenario, Brad came to the conclusion the Baez was “testing” him to see if he knew anything about the purported exculpatory documents.  Why?  Because they had been altered and Laura was soon to be the next star witness for the Defense.  Laura was also asserting the Joe Jordon searched with her, which is not true.

In addition, Baez, in open court, and with Brad Conway right there in the courtroom, makes statements that are untrue with regards to Brad.  The dialogue that follows is from an October 3, 2010 interview with OCSO,  SA is Sergeant John Allen.  BC is Brad Conway.

BC: Ah, where the defense made representation that I was aware that there was information in the EquuSearch records that were essentially exculpatory or in other words, they said that the body was.. wasn’t there um, while.. the body was not there during the period of time when Caylee.. Casey Anthony was in jail.

SA:  But the defense being, the defense being whom made this representations to the judge?

BC: Mr. Baez.

SA: Mr. Baez made these representations to the court. Um, and at which time you thought what?

BC:  Bullshit. I.. bullshit it didn’t happen.

SA: Okay, and you never, you never told Mr. Baez it happened?

BC: No.

SA: So, you have no idea why he would represented that to the court?

BC:  Absolutely not especially with me sitting right there in the courtroom.

SA:  Okay. Um, once again we’re not lawyers I mean is it, is that normal for one lawyer to make representation to the judge in open court ah, when it’s not A, it’s not true and B, it’s not true with the other attorney that he’s making representations about be sitting right there in the courtroom?

BC:  No it’s not normal, it’s not typical because when you’re making a representation to a judge sometimes you’re wrong. But you don’t want to be wrong so you go out of your way to make sure that what you’re telling a judge is true and correct. Especially when the lawyer you’re talking about is sitting right in that courtroom.

SA:  Forgive, forgive my ignorance ‘cause (Inaudible)… we have to testify on the stand under oath. Is it, us there.. is there any problem with a lawyer knowingly representing something to the judge that’s not true?

BC:  Absolutely there is ah, it’s against the rules of professional conduct and although you’re not swearing under oath as a lawyer. You are an officer of court.. of the court and so you’re held to that standard of telling the truth as best you know. If you happen to mistaken that’s one thing. But if you’re intentionally misrepresenting facts to a judge.  Ah, you’re putting your bar license on.. on the line.

SA:  And he made these representations to the court with you in the courtroom?

BC:  Yes sir.

SA: And you have no idea where he would’ve gotten it from?

BC: I have no idea where he would’ve gotten it from because I know I didn’t tell him that.

SA: But the representation was that, was that he got this or that you had seen these in.. in the EquuSearch records correct?

BC:  That’s correct.

SA:  Okay.

This interview with Brad Conway was released in the recent discovery release.  Therefore, Jose Baez is aware that the OSCO, and most likely the State Attorney’s Office, are looking at him.

There is a lot of gray area as to what role that Mortimer Smith played with the doctored document – whether he took if from Laura Buchanan, or she kept it, is unclear.  No one seems to know where that original doctored document is. What does seem to be clear is the document was altered by Laura herself.

To be clear, I am in no position to come to any conclusions with regards to this story because there are always more than one side to every story.  With that said, however, there’s definitely more to this story – this appears to be an open and very active investigation, and one that, I assume, will continue to unfold.

However, we know how this story ends, in the short term, as it relates to exculpatory evidence for Casey Anthony… There is none.  In fact, there is more than sufficient proof that the area was under at least 2 feet of water, possibly more, making it impossible to search the area where Caylee was eventually found on December 11, 2008.

More on this topic soon…..

Here is a copy of Brad Conway’s interview with OCSO.

PS. I have a whole new kind of respect for Brad Conway!

29
Jan

if you’re not a kid finder……

Reading all the new discovery in the Casey Anthony case is like asking your eyes to get sucked out of their sockets into the sand!  Phew!

Having read a great deal of it, however, I can truly say that the revelations about Laura Buchanan and her odd behavior – her raunchy, frenetic and dismissive language, leave me wondering what the final outcome will be with regards to her.

Her story is like a book without an ending right now.  I want to know what happened.  Did she act alone?  Were there nefarious Defense underlings behind the scenes trying to create new facts?

Aside from Laura Buchanan, the many revelations in the material just released, are incredibly bizarre.  A couple of things in particular stood out to me, both have George Anthony center stage.

The first was the transcript of River Cruz (Krystal Halloway), and the second was a transcript with a friend of the Anthony’s who describes how the Kid Finders group – they had a booth set up in the early days – would have nothing to do with any persons related to the Texas EquuSearch group.

Got a hold over River

According to River Cruz, who thought she was speaking off the record to Detectives when she revealed this, George Anthony thought she was in this country illegally and that her visa had expired. She is not in this country illegally, but has led others to believe she is because, she says, she didn’t want anyone to know about her past.

She stated that she lied and told George that her visa had expired.  And she began to believe that George thought he could hold this fact over her if she were to go to the media, or the authorities, about what she knew with regards to the case.  She states that a former friend of hers by the name of Kalani, threatened to call immigration if she did not give him money.  George was aware that Kalani was threatening her.

The whole River and George affair is on the strange side of ugly.  Though I believe she was a victim, and he did use her, I cannot fully grasp how George Anthony could take a few thousand dollars from River (with out telling Cindy), and have the gall to ask her for 20 thousand more!

If you’re not a Kid Finder….

Another ugly story I read about in a transcript has to do with a neighbor of the Anthony’s who also volunteered with the Kid Finders Network, and took a fairly big role in working in their booth.  Her name is Linda T. (LT), and she tells this story in an interview with Sargent John Allen (SA), of the OCSO:

SA: My question is, you ever recall George suggesting to people, well if you want to help you can go over and help with the search?  Did you ever hear those words come out of his mouth?

LT: No

SA: Okay

LT: in fact, if people worked at EquuSearch they weren’t allowed at the table

SA: Why is that?

LT: I don’t know

SA: Okay

LT: ‘Cause they were, I guess… I assumed that they were looking for a dead body.

There was a great deal of animosity from the Anthony’s with regards to Texas EquuSearch.  When Tim Miller eventually turned the search from a rescue mode to a recovery mode – meaning they were no longer looking for an alive Caylee – it infuriated the Anthony’s.  They boldly turned their backs on EquuSearch.

George Anthony knew from the very beginning that Caylee was gone. He is on record saying so to the Detectives of the OCSO.  River Cruz recalled that George had told her he wished he had never talked so openly to the OCSO.  When asked why he would have said such a thing, he stated that he didn’t want to loose both of his girls.

If Casey ever walked (God forbid), with the volatility and hate that family has for each other, someone in that family would end up dead.

Casey is best left where she is and for a very long time.

5
Jan

no license to fish, Baez!

There was a hearing today in the case against Casey Anthony.  The purpose of the hearing?  To display, in no uncertain terms, the sheer desperation of the defense to find an iota of reasonable doubt.

Once again, the beleaguered defense was bowled over by Judge Perry.  The Judge denied their motion requesting Joe Jordon, Texas EquuSearch volunteer, turn over photos he allegedly took near the area where Caylee Anthony’s remains were ultimately found.  However, what is very fishy is that on December 8, 2010, when Joe Jordon was deposed by the defense team, they didn’t ask if he’d taken any photographs of the area.  Furthermore, they never mentioned photographs at all.  Therefore, the subpoena of phantom photographs is illogical and the Judge said as much.

“I cannot give you a license to fish,” the Judge cautioned the defense.

However, if the defense has evidence, or can provide cause to subpoena Joe Jordon’s alleged photographs, the Judge did leave the door open to pursue this avenue.  But, only if there is cause.

If I were Casey Anthony right now, I’d be asking my counsel what theories, or what evidence will they use to prove that I couldn’t have placed Caylee in those woods…. what in the world could they say?

“Gone Fishin” is all they could say.

But, there’s no fishin’ allowed anymore  – it’s virtually banned.  The tide has turned, no more motions in the ocean for Jose…. They’ve even run out of bait now.

I’d hate to be in Casey Anthony’s sinking boat right about now.

27
Dec

sex, lies, and table knives

An ocean of motions (six in all), by the defense team in the case against Casey Anthony, were recently entered into public record and will be heard in Judge Belvin Perry’s Orlando courtroom, on January 3, 2011.

The six motions detailed by the defense are an attempt to block the direct tackle the defense will take should the testimony surrounding these motions be heard by a jury.  One cannot blame the defense for wanting to block these items as they are highly damaging to their case.

The six motions are itemized below and include a link to a copy of the motion:

Motion 1: This motion requests that any details regarding Casey Anthony’s sexual encounters with Tony Lazzaro  be stricken.

Motion 2: This motion asks to exclude Casey Anthony’s sexual encounters with Anthony Rosciano, claiming they are prejudicial and should be stricken.  This motion also claims that Yuri Mellich improperly questioned this witness.

Motion 3: The table knife found in the car Casey Anthony was driving, the defense claims, would be prejudicial if brought into evidence since it has no bearing on the charges in this case – was not a murder weapon, so to speak.

Motion 4: Lying or Stealing.  The defense names George Anthony and other extended family members and requests that any mention of lying or stealing be stricken.

Motion 5: The defense wants all mention of the map that Casey was about to point to (at the request of her father) be stricken due to relevance.

Motion 6: The testimony of Brian Burner and any discussion of the shovel that Casey borrowed, the defense wants stricken.

Granted, it is a hefty task to go through and read all these motions.  So I’ll save you the trouble and attempt to break them all down for you.  Plus, I will provide my own lay-person opinion on why I believe most of these motions by the defense will be denied.

MOTION ONE

In this motion, the defense attacks Corporal Eric Edward’s questioning of Anthony (Tony) Lazzaro’s sexual encounters with Casey Anthony.   The defense calls the line of questioning by Edwards: “scandalous and incompetent” and wants it stricken. The motion states that the sexual relationship between Casey Anthony and Tony Lazzarro is “utterly irrelevant to the case at hand.”  Secondly, the defense argues that “any probative value is substantially outweighed by its potential prejudicial effect on the jury.”

Translation: This testimony, says the defense, does little to prove Casey Anthony killed her daughter, and such testimony could be a character assassination of Casey Anthony.

That is the defense’s argument.  However, the relationship with Tony Lazzaro, sexual or otherwise, is relevant to the case as far as what Casey Anthony was doing during the 31 days her daughter was “missing.”  

MOTION TWO

Like motion one, this motion seeks to exclude any information of a sexual nature of Anthony Rosciano’s relationship with Casey Anthony. The defense calls the questioning of the witness, Anthony Rosciano, by Detective Yuri Mellich and Sargent John Allen, “scandalous and incompetent and should not be allowed in any aspect of this case.”

Here I believe the defense may have a valid claim as the sexual relationship between Casey Anthony and Rosciano does not necessarily have any probative value as to the main charges.  However, there are text messages between Rosciano and Casey that may have relevance.  The text messages or emails may show how Casey Anthony handled Caylee’s care while she was dating.  I seem to recall that the discussion with Rosciano as to what Casey would do with Caylee (while she is with Rosciano), could be indicative of a mother who had no regard of the welfare of her child.

MOTION THREE

I find it very interesting that the defense should ask to have the table knife found in Casey Anthony’s car excluded.  Is there more evidence than we know about this knife?  The defense notes in the motion that forensic testing found no link between the duct tape and the knife, and no DNA found on the knife.  Apparently the State has not found a connection between the knife and the duct tape.  The State released photos of the table knife and duct tape. See photos of knife / tape. Could the State still be testing this item?

To be honest, the request to exclude this item from the evidence in the case has me baffled.  I would not be surprised if the State agrees and leaves the table knife out of evidence.

MOTION FOUR

In this motion, the defense specifically names George Anthony and requests that any mention of lying or stealing be stricken.  However, there are too many instances of lying and stealing during the 31 days that Caylee was “missing” and the defense is only asking that George Anthony and “other family members” discussions of lying and stealing be stricken.

This is a very vague motion that lacks specifics.  There are an ocean of lies told by Casey Anthony, and revealed by her friends, family, and acquaintances.  This motion, to be relevant, would need to be more specific, in my humble opinion.  Therefore, the motion itself is a non-motion.

MOTION FIVE

This motion is asking that any references to Casey Anthony nearly pointing on a map to indicate where she dumped Caylee, be stricken.  You may recall that Texas EquuSearch president and founder, Tim Miller, was present when George Anthony nearly got Casey to indicate on a map where the body could be found but Cindy Anthony forcibly intervened and stopped the discussion.  How the defense is characterizing this incident boils down to the following statement in the defense motion:

Based on Discovery Materials provided by the State, it is alleged that the Defendant was being questioned at home about Caylee and presented with a map.  She was asked to mark where body would be found.  She did not respond.

I tend to think that the State will have to have a good reason for bringing this testimony in.  It could be unnecessarily prejudicial since there is no indication that Casey would have pointed to the area where Caylee was ultimately found.  Granted, it is supposed that she would have pointed to the area had she not been prevented from doing so by Cindy Anthony.  As such, I believe this scenario could be kept out of the trial, though the state likely has grounds to keep the testimony in.

MOTION SIX

This motion concerns the testimony of Brian Burner, the neighbor on Hope Spring Drive that Casey borrowed a shovel from.  Like the other motions, the defense is arguing that this testimony has no bearing on the manner of the crime in this case and is therefore not relevant.

The defense puts its best foot forward in writing this motion and cites quite a bit of case law to support its argument.

The defense contends that there is no evidence linking the shovel to the crime and any connection made by the State to this effect would be prejudicial. In short, the motion boils down to this claim in the motion:

Similarly, whether or not Ms. Anthony borrowed a shovel from Mr. Burner does not in any way make the charged offenses more or less probable.  There is no evidence that Ms. Anthony used or intended to use the borrowed shovel to facilitate the commission of the charged crimes, nor is there any assertion of such.

I tend to think the shovel will come in.  The State will merely have to prove the fact that Casey Anthony was not living in the home at the time, and her excuse of “digging up a root” was merely a story to cover up the fact that she intended to bury Caylee’s body in the back yard.  This testimony will hinge on whether the cadaver dogs will be used to show that a body was placed in the backyard of the Anthony home.

CONCLUSION

In truth, as I am writing this, I can see that the defense is simply doing their job and testing the admissibility of some of the most damaging evidence and testimony against Casey Anthony.  The fact is, should the defense prevail with these motions, it will not matter to the case in chief.  There is a great deal more evidence against Casey Anthony than is written in these six motions.

The State has a virtual plethora of circumstantial evidence which, taken in whole, is more than damning.

  • No motion can disprove the fact that Caylee Anthony’s own mother never reported her missing.  It was Casey Anthony’s mother, after 31 days, who reported the child missing.
  • No motion can disprove the fact that Casey Anthony showed no alarm or concern about her missing child when she met with Law Enforcement, instead she lied about virtually everything having to do with the child’s whereabouts.
  • No motion can disprove the pictures of Casey Anthony dancing and partying at Fusion while her child is missing.
  • No motion can disprove that Casey Anthony got tattoo-ed with “the good life” blazoned on her back while her child is missing.
  • No motion can disprove that the smell of decomposition was found in Casey Anthony’s car.

Finally, no motion can disprove the fact that Casey Anthony is ultimately the perpetrator of the murder of her own child.

31
Mar

if this is a sticking point for Baez, it’s awl washed up

This post is in regards to the recent Motion to Modify the previous motion for Texas EquuSearch (TES) documents regarding persons who searched in and around the area where Caylee Anthony’s remains were ultimately found.

Now I am not a lawyer, but even I am aware of the numerous flaws in this motion.  I will attempt to provide some clarity around an otherwise unclear motion.

First and foremost, the motion cites two people who claim they were at the site where Caylee was found, but were not included in the 32 witnesses disclosed by TES. These two individuals, whose statements are included with the motion, are 1). Joe Jordon, and 2) Laura Buchanan.

The defense points out the above two volunteers were not among the 32 individuals who were named as searchers in the area in which Caylee’s remains were found.  Therefore, claims Baez, since these two searchers were not included, and since they admittedly did not see Caylee IN THE SPOT SHE WAS FOUND, then TES must be playing fast and loose with the truth.

There are a more than a few instances in the motion that clearly speaks to the veracity of TES.  The motion does not go so far as to say TES was untruthful, but the reader comes away thinking that is exactly what is meant.

Because Baez and Company were able to find the two persons named above (Jordon and Buchanan), and because the two were NOT divulged by TES, there must be MORE searchers who were present but not among the 32 witnesses identified.  Baez is certain these phantom searchers will turn up if he is given freedom to investigate and interview ALL the TES volunteers.

There are many flaws in this motion, in my opinion.

Flaw #1: Baez insinuates since TES asserted the following: “none of the thousand of searchers, who volunteered with TES, were ever at the exact spot where Caylee’s remains were found,” that there are probably more than 32 searchers, since on their own, the defense found two searchers, as well as a dog-handler/searcher who also was not among the 32.

Problems with Flaw #1 are as follows:

  • How would these searchers, Jordon, Buchanan, or the dog handler KNOW they were or were not in the spot where Caylee was found?  Not only are these not professional searchers, who took them to the spot where Caylee’s remains were found so they’d know they were there and never saw her?
  • How could a non-professional searcher search a woodsy, wet, infested swamp on September 1st or 3rd, and remember in mid December the exact location where they searched?  Not possible.
  • How could ANYONE have moved, let alone LOOKED closely in the area where the remains were found when the area was under water from Tropical Storm Fay?

Flaw # 2: Mr. Baez is asking for the records (names and phone numbers) of ALL the searchers with TES.  Privacy is taken very seriously in this country and I cannot imagine Judge Strickland allowing the defense to invade the lives of perfectly private individuals!  Baez cites a case in his motion in which AIDs patients privacy concerns are protected due to the nature of the stigma of having AIDs (sexual orientation, illness, etc.), but he argues that regular individuals should not be concerned about their own privacy simply because Casey Anthony wants to know more about them, thank you very much.

Problems with Flaw #2 are as follows:

  • Baez expects Orlando law abiding persons to put Casey Anthony’s’ needs above their own and compromise their identity because Casey Anthony has rights???  Casey Anthony is accused of a serious crime, her rights do not come before law abiding citizens.  If so, I’m moving to Canada.
  • There are countless people in this country who want their 15 minutes of fame and will do anything to insert them selves into this case, to be a part of the action, their names in print, etc.  This is always a problem with high profile cases or situations.
  • The two individuals who have given statements to the defense are volunteers and not professional searchers, and yet they try to render professional opinion such as: “We searched the area by the stockade fence along the south side of Suburban Street near Hope Springs Street, ” writes Joe Jordan.  That’s fine that he remembers this, but how was he to see anything in that area if it was under water?  Was he outfitted with special shoes for wading in deep swamp water?  Was he supplied with rubber waders to protect his skin and legs from insects or snakes in the area?  These questions are not discussed.
  • The statement provided by Laura Buchanan provides the following:  “I personally searched near the privacy fence an worked my way towards and then beyond the spot where the body was found.” Okay, but this person lives in New Jersey!  How does she know where the body was found?  Through pictures?  How did she see through the water?  This same person states the following: “I did not notice a strange smell, I noticed no buzzards, nor unusual animal or insect activity.”  This tells me she was paying more attention to the wildlife and may have been afraid of seeing creepy crawly snakes or rats or whatever. She must have been more concerned with being in the heavily soaked terrain with all its flora and fauna then really focused on a child.

Flaw #3: This is just a statement in the document that I found wholly profound in its stupidity.  I will leave you with this quote and urge you to read this motion and see for yourself all the straws that the defense is hungrily grasping. This quote is related to an argument that the defense is making regarding people who volunteer for TES would normally expect to become part of a larger investigation, and probably a criminal trial down the road, in other words, these searchers should fully expect their identity to be released since they’d become part of the case.

When a person volunteers to search for TES, they don’t volunteer on the condition that they are assigned only to areas that will ultimately be irrelevant to a future criminal case. TES is obviously unable to make such a guarantee and if they could state ahead of time, which areas were and were not important, they wouldn’t need searchers in the first place, as they would already know where the missing person was.

30
Mar

not again? yes, again. a hearing scheduled in anthony case: Monday, April 5th

WESH News has filed an article regarding an upcoming Casey Anthony hearing, slated to occur Monday morning, April 5th, 2010, at 10:00 a.m.

The hearing is scheduled to argue a defense motion for ALL of the Texas EquuSearch records.

Now, this is just silly.

The defense has already argued and lost this once before!  Well, they did somewhat prevail and successfully got some records pertaining to some of  the searchers, as we saw in the latest document release.

But, seriously, there were hundreds of people who assisted in the search.  How could either side interview all those hundreds of searchers?

I understand the need for a rigorous defense, but this is beyond the pale and I doubt the Judge will grant this motion.

If the Judge agrees to release ALL of the records, it would compromise the identity of regular folks who helped in the search for Caylee.  That was the argument and the decision the last time this motion was brought before the court.

Why bring this again?  The Judge is not going to compromise the privacy of hundreds of people!

I will update this post with additional information as it is released.

CLICK HERE FOR THE MOTION


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