'Tis the Season to Give

… How about a Doc-Dump Tomorrow?

While the defense team handed the prosecution more than 300 pages of information, including the RESPONSE TO STATE’S MOTION FOR CLARIFICATION OF EXPERT WITNESSES, news circulated today that the prosecution is planning on reciprocating. In the defense team’s response, they met Chief Judge Belvin Perry’s deadline to turn over the comprehensive list of their experts, which includes a lot more detail than the first list, whether they intend to testify at trial or not. That hinges on who the state intends to call.

In the spirit of the holiday season, you know, ‘tis the season and all, the prosecution is planning on releasing documents to the public tomorrow, including more jail letters and videotaped interviews with law enforcement personnel. I will do my best to keep you informed.

Here’s a timely quote from Martin Luther King, Jr., especially on some of the blogs and certainly as we enter the holiday season:

“Have we not come to such an impasse in the modern world that we must love our enemies - or else? The chain reaction of evil - hate begetting hate, wars producing more wars - must be broken, or else we shall be plunged into the dark abyss of annihilation.”

Two Years Later

I shot a new video of the site where Caylee was discovered on December 11, 2008. It’s hard to believe it was two years ago. I really wanted to get this published earlier, but it takes time to edit and upload to YouTube. I hope it’s worth the wait.

Friday Happy Hour with the Bar

“I, quite frankly, don’t know why we’re here.”

- Jose Baez

When Judge Perry asked Jeff Ashton to hear his motion, the prosecutor stood and thanked the judge for accommodating him at such a late hour. Yes, a 5:oo pm hearing on a Friday afternoon is an unusual time, but the judge has made it clear on numerous occasions that he would have no trouble taking the bull by the horns if the two sides were to fall into any sort of quagmire. They did, and yesterday, those horns were tamed a bit. It took less than 20 minutes to render a rather terse and quite succinct decision that was pointed at both sides.

I understand why the state filed the MOTION FOR CLARIFICATION/TO COMPEL COMPLIANCE WITH ORDER FOR ADDITIONAL DISCOVERY. To read the back-and-forth between Ashton and Baez was, at times, comical, but upon further study, it became clear to me that the prosecutor was losing his temper. The defense, it seems, had offered a menu, but never served the meal.

There were two main points in the motion Ashton filed:

1. In its ruling, in response to the State’s Motion to Compel Additional Discovery, the court ordered the defendant to provide, as to its listed expert witnesses, “the subject matter of what they will be testifying to.”
2. In response to that order the State received an email at 10:47 this date [ Dec. 1] from defense counsel Jose Baez purporting to comply with the aforementioned order.

With the judge’s initial order, the state wanted more than what the defense offered up to that point. Ashton expected, at least, “a brief summary of what would have been contained in a report had one been prepared, not a recitation of facts easily gleaned from a quick Internet search.”

That’s true. Anyone could have searched the Internet. What the defense offered could easily be summed up by this simple and shallow sample:

Dr. Jane H. Bock (Botany: Reviewed Hall’s report and inspected the scene and will testify about BOTANY, PLEASE TELL ME YOU KNEW THIS) University of Colorado Ecology and Evolutionary Biology Dept. Boulder, Colorado 80309-0334

That’s not much of a report, but it is a brief summary if taken literally. Too brief, of course, so the judge dropped his hammer and ordered both sides to be more compliant.

“Since ya’ll can’t seem to agree and can’t seem to understand what I meant the last time. This is what I’m going to do… Where experts have not prepared reports of examinations or tests, both the state and the defense are required to provide the following:

the expert’s curriculum vitae, qualifications of experts,

the expert’s field of expertise or medical specialty,

a statement of the specific subjects upon which the expert will testify and offer opinions,

the substance of the facts to which the expert is expected to testify, and last but not least,

a summary of the expert’s opinion and grounds for each opinion …

All of this must be completed by 3:00 pm on December 23.”

Something tells me that the judge, out of the goodness of his heart, allowed both sides to vent. He could have issued an order from inside his chambers, but by calling a hearing on a Friday afternoon, as the courthouse prepared to shut down for the weekend, he fired a warning shot. There is no doubt in my mind that Ashton had every right to file the motion, but the timing of the hearing was a clear message that this judge won’t tolerate nitpicking from either side. If you feel the judge was pointing fingers at the defense in his ruling, you’d be wrong. Think about it. As with fighting children, a parent cannot single out one when they both are screaming at each other. In order to be fair, both children are warned because it takes two to fight. In his decision, the judge had to take into consideration the ramifications down the road. Would the defense team state prejudice as grounds for an appeal if Casey is ultimately convicted? The judge had to show balance. As poignant as he was, after the hearing was over, I asked Bill Sheaffer why the judge wasn’t more terse. Why didn’t he castigate the defense for not following through with his prior ruling? He responded by telling me that it’s not Judge Perry’s style. Yes, I had to agree, because even as succinct as the judge was, he offered wisdom over a lecture or a legal spanking. No doubt, he got his point across, loud and clear.

On another note, someone mentioned that Cindy was not wearing her wedding band. True, I saw it myself, but I don’t know what that is about, if anything at all. When she entered the courtroom with her friend, I immediately asked her if she wanted us to move. I was sitting next to Jacqueline Fell from CFNews13. She said, no, she would just slide over to the seats to our right. Her friend thanked me for standing to let them pass by me, as any gentleman would do. After the hearing was over, Cindy and the defense team did not want to talk to the media. Jeff Ashton offered this message: “Have a great weekend, everyone!”

As quickly as it started, it was over. After all, even judges enjoy their weekends.

This won't be a Friday Happy Hour

I spoke to a rather powerful attorney earlier today. This person told me that when a judge schedules a hearing for 4:00, 4:30. 5:00 or 6:00 on a Friday afternoon, of all dates and times, it means the judge is not particularly happy with something that’s going on. It’s written in stone and you can bank on it. I asked if this meant Casey’s defense, and I was told, no, this goes for both sides. The two sides should have been able to work things out without getting the court involved. Since the court must intervene, I would expect to hear some sort of reprimanding that will include both sides of the aisle. 

Friday afternoon at 5:00 pm should be a hideous wake up call. The judge is losing his patience. He’s already told everyone that if he needs to step in, they won’t appreciate the hours he sets. I mean, who wants to be in court after hours on a Friday afternoon? Right… No one, including the judge.

I will write about the experience. It should be interesting.

HAIR PEACE

A Bald Statement

Where I have been lately

I have been doing some design work. That’s not all. For the past few days, someone has hacked into many of my e-mail accounts. This has been very trying, because I would be working on something when a window opens announcing that I have logged out. Huh? No, I didn’t, and as I tried to log back in, my password was changed. When I tried to answer my security questions, it worked or it didn’t work, depending on who was accessing my account at the other end at that precise moment. As I tried to change my security questions, my password would suddenly change again and I was locked out. I use about a half dozen e-mail accounts depending on my work or for personal reasons. I don’t need to explain that.

I contacted Yahoo! a number of times to walk me through it. Meanwhile, I updated my IC3 report. This afternoon, I was working on something and that scary window popped up again. Someone had gotten into my rocketmail account, the one I set up to replace marinadedave@yahoo after it was hacked. When I was finally able to access the account - and had successfully changed the security questions - the hacker deleted ALL of my mail, incoming and sent. I still had lots of e-mails I needed to answer, like submissions sent from this Squarespace account located on the lower left sidebar.

This time, I contacted Yahoo! to register a formal complaint, but mostly to find out if my deleted messages could be restored. Yes, they can be! Great news, and I await that. The woman on the other end gave me a a case number and told me to contact my local law enforcement. I did just that. She also said that whoever did it can be found because of the algorithms they utilize, regardless of anonymous proxies. I will meet with a deputy tomorrow and pursue this as far as I can take it. Also, I will not be discussing this issue again, at least not until it is resolved.

Clearly, the baldaintbeautiful crowd continues to elevate the sordid activity against me. Just be careful out there. In essence, this was like walking into my house after being away and finding every piece of furniture stolen. Only this time, it crosses state lines, and that makes it federal.

Until the mess is straightened out, please e-mail me via the submission form located on the bottom of the left sidebar.

I Swear

I have done my best to head to the courthouse early so I don’t have to rush once I arrive. Sometimes, going through security can be very time-consuming. Fortunately, Monday wasn’t all that bad. I never have to park in the parking garage, either, and that generally saves me $6-10 per hearing; not much, but in this tight economy, every bit helps. Because of where I park, I walk by the television trucks with their high microwave towers extending from the roofs. It’s interesting because they are filled with very expensive electronic equipment. On most days, that’s where the reporters put their well choreographed on air segments together. That in itself is a real talent. The trucks are all parked in an area designed for them, in front of the courthouse, in a nook off Orange Avenue.

I ran into Mike DeForest from WKMG, the CBS affiliate. I hadn’t seen much of him since the judge debacle, so it was nice to chat for a few minutes before I decided it was time to head up to the 23rd floor. He’s a good guy. Off to the side was Jacqueline Fell, from Central Florida News 13. She’s a very nice person and very approachable. She was the first one to interview me months ago. As I briefly chatted with her, I noticed Ann Finnell walking by herself. She had an almost lost look on her face, so I walked up to her. I promised I would say hello from her cousin, who comments occasionally on my blog. Last time, I didn’t remember her name. This time, I did. She was looking for the rest of her team and I couldn’t help her there, but she did ask what floor the hearing was on. I said it’s always on the top floor. I asked her if she wanted me to show her, but she said she’d wait and see if they showed up. We parted.

It was one of those days where the line that winds through the lobby to get to security wasn’t as jam-packed as usual, but it was moving rather slowly. About five minutes into it, Ann walked in and stood at the back of the line, where I was already halfway through. I beckoned her to join me. After all, she had important work to attend to. I lifted the rope attached to the stanchions and let her through. No one complained to me about letting her skip through the line, but I would have handled it. She went through security before me. I have to remove my belt every time I go through, so while I had to put it back on, she politely waited for me to finish. Besides, she wasn’t quite sure where to go since she was in the courthouse only once before, at least for this particular case. I thanked her and we walked toward the elevators. I was mostly making small talk about my trip to Jacksonville and the proton accelerator at Shands Hospital, where my best friend, Stewart, recently underwent treatment for prostate cancer. All in all, it was a delightful encounter and I must say she is a very nice and refined lady; every bit of what I thought she would be. When we got to the courtroom doors, they were locked. I peeked through the crack between the doors and saw that Jose Baez was already in there. We knocked on one of the doors and she was let in. As she entered, she thanked me for my help.

“You’re very welcome. See you in there.” Only lawyers were let in at that time.

I always feel comfortable around the media people, and in particular, Bob Kealing. He has been one of my strongest supporters as a blogger and he’s a very personable guy. Bob has authored three books and won three Emmys for his work. I’ve always admired him for his professional appearance and reporting and, no doubt, he did a great job on the Neal Haskell piece he put together during his trip to Indiana. After we took our seats, Casey entered and we could hear the now familiar clink-clank of ankle chains. Within a minute or two, Cheney Mason nodded and called Bob up for a brief, very hushed, chat. When he returned to his seat, I quietly asked him if he had a good story. Yup. The courtroom hushed as the judge entered at precisely 12:58. Dang, known for being prompt and on time, I was disappointed he was early. This is two times in a row. His track record was slipping, I thought.

The first order of the day was the motion the state filed to compel discovery. The judge made it clear that he had to leave by 1:40 because of a trial he was presiding over in Courtroom 19-Delta. That’s a familiar courtroom - the one Judge Strickland used and the one that changed my blogging life forever.

The motion addressed six key points:

1. Any contracts or agreements, in any manner or form, setting for the scope of work or expected compensation.
2. Any communications between expert and any member of the defense team, either past or present, or any member of their staff, or any one working on behalf of the Defendant.
   
3. All records of bills submitted by or payments made to the expert.
   
4. All records pertaining to payments for travel, meals or entertainment paid to or for the benefit of the expert or anyone traveling with the expert, by any member of the defense team, either past or present, or any member of their staff, or any one working on behalf of the Defendant.
   
5. Any notes taken by the expert or for the expert during, or referencing their examination of any evidence in this case.
   
6. Any photograph or video taken by the expert in connection with this case.
   

These were rather interesting demands because it encompassed a lot more than mere work product, which is privileged information, it also covered the entire time prior to Judge Strickland’s ruling on Casey’s indigence status. Personally, I thought the state was asking for more than the judge was willing to give, and as Jeff Ashton finished addressing his points, the judge made asked for a response from Mr. Baez.

“There is nothing that entitles the state to this.” He said there was no wining and dining going on, so there’s nothing like that to turn over. Besides, he said, he had no reports from his experts, which I found unusual. He said it was burdensome and it doubled the work for experts. Also, a lot of the work was done pro bono.

As Jose Baez, Judge Perry and discussed all six points, the judge asked Ashton a specific question that signaled, at least to me, that he did not fully agree with the motion.

“What in that rule or in what case authority does it signal the proposition for your request on 1, 2, 3 and 4?” It was then I realized the state was only going to get 5 and 6. The way he explained it to the prosecution was pure Perry style. If you want the information, you can get it through depositions and/or subpoenas, not through this motion. As much as the judge is perceived as a prosecutor’s judge, he is very fair to both sides of the courtroom aisle. 1, 2, 3, and 4 were denied without prejudice. The defense would have to turn over notes taken by the experts, and all videos and photographs. Incidentally, yesterday was the deadline for the defense to give the state their list of experts, but the judge did give them a two-week extension.

Time was drawing nigh for the judge to set sail for another courtroom, but he soldiered on. He asked about the defense’s outstanding motion on Roy Kronk. Baez said he may withdraw it until a later date; closer to trial. The judge reminded him, in no uncertain terms, that once the deadline for motions comes and goes, he will not hear them. He asked Baez if all the state’s witnesses had been deposed. Baez said yes. He told the state that all depositions of defense experts must be done by February 28. On that same date, all motions related to forensic evidence must be in. Any non-forensic related motions must be filed by December 31.

Ann Finnell finally had a chance to speak. It didn’t last long. Some may think Judge Perry cut her short as a, sort of, way of snapping at her, but I didn’t interpret it that way. I may be wrong, but the judge had no more time to hang around, and he told her he wasn’t going to be available the week leading up to Christmas, although a tentative date to hear her motion was discussed and the 20th and 21st were tossed about. December 20 was the agreed on date, at 1:30 PM. The week of Christmas. He also reminded her that attorneys for the media would object to her motion

Cheney Mason quickly stood up and told the court that the JAC is having issues over payment and he has a motion ready to file. Judge Perry said if it’s not resolved, he will gladly take care of it.

While we thought the hearing was over, it wasn’t. Jose asked for a sidebar. The judge complied and both camps stepped up to the bench. Whatever transpired, we weren’t privy to, of course, but it was very interesting to everyone when the judge raised his right hand and began to give some sort of oath to a young gentleman who was in the mix. It was also during this time that a legal assistant had Casey laughing. To be honest, I didn’t see it. Casey was directly in front of me, so I have no idea what it was all about.

Diana Tennis, Dominic Casey’s attorney, sat in the row in front of Bob, Jim Lichtenstein, Mike DeForest and myself, directly to the right of Cindy Anthony and her friend.  She surmised that it was the swearing-in of a new attorney. Some balked at that suggestion, but she was right. While no one knew who he was, I approached him after the hearing ended. William Slabaugh told me it was awfully nice of the attorneys to permit  Judge Belvin Perry, Jr. to swear him in as Orlando’s newest lawyer. It was an honor and a privilege. I congratulated him and wished him all the best. This is something he will forever remember, because a simple notary public could have done the same thing. I’m sure the judge enjoyed the moment tremendously, but back to the matter at hand…

The final thing the judge brought up was the reminder that the defense must give the state the list of new TES witnesses by January 31, so they can be deposed by March 30. With that, the hearing ended and I had my agenda in mind to find out who that new gentleman was. At the same time, I had something I wanted to say to Jose. Meanwhile, Cheney and Bob picked up their discussion where they left off. What Jose and I discussed was between us, but what appeared to be an embrace to some was far from that. Attorneys are used to talking up close and personal to keep inquisitive ears from eavesdropping.

When Jeff Ashton was walking out of the courtroom, I asked him if Judge Perry had addressed the John Huggins¹² case. Had he rendered a decision? If so, it passed me on by. No, he said and we walked to the elevators. Riding down to the first floor, he was asked about the decision on parts 1, 2, 3, and 4 of the motion. Would he refile? He said the judge did rule “without prejudice” on those key points and that leaves the door open.

As we left the courthouse, I thought to myself, the hearing didn’t get over until almost one o’clock. Oh me, oh my, Judge Perry was going to be late to his trial. Perhaps that’s why he asked for a deputy to approach the bench; to alert the deputies in 19-Delta.

Watch Bob Kealing

Bob Kealing has a BIG story on WESH. Watch it if you can!!!

Online and live on WESH-TV.

Here is his report: http://www.wesh.com/caseyanthony/25951506/detail.html

...To Judge Perry's Court We Go

Dance of the Sugar Plum Fairy by Aiobhan

In the United States, this past week was one of giving thanks to God, ourselves, others, and/or all of the above, for our many bountiful blessings - no matter how bleak the economy has been and might be in the future. As Thanksgiving fades and sugar plum fairies begin their month-long magical dance, the week ahead may very well be a time for the state and defense to give thanks for what they are about to receive in the courtroom. Or not.

Three motions were filed between November 18 and the end of this past week; one by the state and two by the defense. In the final motion, Casey’s attorneys have seemingly abandoned their two-step strategy that Texas EquuSearch volunteers Laura Buchanan and Joe Jordan searched the precise spot where Caylee’s remains were discovered. It seems they tiptoed to a different tune in the company of detectives and prosecutors bearing gifts recently, most likely time away from home, if you get my drift. After being deposed by the state, Buchanan’s attorney, Bernard Cassidy said, “I believe she signed an affidavit that she searched the area where the body was found. Somebody may have suggested where the body was found, but she has never been to that area to see precisely where the body was.” Cough, cough. Ahem.

Brandon Sparks seems to have changed his story, too, about Roy Kronk, his one time stepfather’s alleged “prior bad acts.” In lieu of any familiar faces to turn to for help, the defense is asking the court for state money to hire an expert who specializes in bones and fossilized remains. If something new could be determined by another reputable forensic anthropologist/osteologist, it might help debunk the state’s expert. Do I think it will do any good? I don’t know, but this defense needs all the help it can get. Will Judge Perry grant this motion? I don’t see why not, but he will, more than likely, wait until he hears what the JAC has to say about it.

§

The first motion filed on the 18th was from the state. Signed by Jeff Ashton, it’s a State Motion to Compel Evidence and it’s based on the Florida Rules of Criminal Procedure, 3.220 (d) and (f).

In a nutshell, the state wants to know where the taxpayers’ money went. It wants to review every contract and agreement the defense has made to date. This includes communications between the defense, its entire staff and all of its experts; any notes taken by or for the experts referencing their examination of evidence, and all photos and videos. The state is also asking for all records pertaining to meals, travel expenses, lodging and entertainment. It’s demanding a reckoning of every penny the defense has spent and, gasp, that’s a tough one.

As much as the state is asking, the motion made it clear that it doesn’t expect the judge to give away the farm. Privileged information is going to be involved, so it requests that the court examine many of the documents in camera - privately, in other words - with the defense, and to redact whatever it sees fit. Redaction means to go over everything with a fine-toothed comb in order to find things not suitable for the other side or the public. Of course, the state would love to know the defense’s strategy in order to launch a strong counterattack, but that’s not fair, nor is it proper, and both parties are aware of it. The state definitely has the upper hand on this one because it has flooded the defense with so much evidence, some important, some not, but because there’s so much of it, it’s overwhelming. Consequently, the defense has had to sort through a slew of documents in order to discern what the state will use at trial. This is a common strategy, and by filing this motion, the state has caught the defense relatively flat-footed. It will most likely have to fork over all sorts of information and that takes time and money away from defending a client. It’s a distraction, but a very legal ploy. WFTV reported that it had read 322 pages of financial documents on Thanksgiving day, so some of it is already public knowledge.

One of the key points of 3.220 (d) is that, “any tangible papers or objects that the defendant intends to use in the hearing or trial” needs to be turned over. What’s interesting is that the state does not have to turn over any internal notes; those made by investigators in the course of their work. I would assume the same would hold true for the defense, and any attorney worth their weight in salt would know how to distinguish between what is and what isn’t privileged, and would know how to hide documents accordingly. All legal; all fair.

From my discussions with judges throughout the years, not that I am in constant contact with any today, I have learned that they look at both sides fairly and without prejudice. However, being human, they can readily sense when someone is or is not capable of representing their respective clients. By this, I mean the defense as well as the state. I have yet to meet a judge who seldom complains about one side while picking apart the other. Everyone who faces a judge has his/her own personality, and being human and all, the judge will look at all motions and have personal thoughts on how they were filed and whether they make sense. What I am trying to say, in other words, is that no judge looks forward to a motion like this; not if the court has to sift through thousands of documents in order to discern what is to be passed over to the state and what is to be kept behind closed doors. Fortunately, circuit court judges generally have a battery of scholarly assistants at their disposal, but my guess is that it’s not something anyone looks forward to. Since Channel 9 had access to some of the documents, I would say the defense has turned over discovery prior to this motion. I think the most important part of the motion pertains to where the money is going, past and present; and the state of Florida has every right to know, down to the very last penny.

§

The defense filed a very interesting motion on Tuesday, November 23. The Defendant’s Motion to Seal Penalty Phase Discovery Response also cites F.R.C.P. 3.220, but in this case, it’s (l) (1) it’s referring to - Protective Orders:

Motion to Restrict Disclosure of Matters. On a showing of good cause, the court shall at any time order that specified disclosures be restricted, deferred, or exempted from discovery, that certain matters not be inquired into, that the scope of the deposition be limited to certain matters, that a deposition be sealed and after being sealed be opened only by order of the court, or make such other order as is appropriate to protect a witness from harassment, unnecessary inconvenience, or invasion of privacy, including prohibiting the taking of a deposition. All material and information to which a party is entitled, however, must be disclosed in time to permit the party to make beneficial use of it.

What this motion requests is for every bit of penalty phase information it finds from here on out be sealed or exempted from future discovery, pursuant to Florida’s Rules of Criminal Procedure. Furthermore, it states that this case “has received an extreme degree of media attention not just in Orlando, Florida, but nationally.” Everyone reading this article is well aware of that fact, and if ever there was a truth to what the defense has said, this is indisputable. The motion specifically cites Florida Statute 90.202 (l), which states: Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court.

The motion goes on to state that intense media scrutiny has resulted in the media and public conducting their own investigations aside from what law enforcement has done. I will be the first one to admit that this case has grown multiple arms, many that far outstretch the reach of sanity and truth. Specifically, Internet sites, including blogs and YouTube are fingered, but not one in particular. This is also the truth. Anyone who writes a blog has been guilty to some degree; some a lot more than others.

How many blogs have been guilty of mocking the people involved in this case? The defendant? The entire defense team? All of the defense witnesses? How many times have we read that anyone who works for the defense is a liar? The attorneys must be disbarred? There is a long list of public demands, most of which are quite illogical in the practical sense. Sure, I’m not one who should talk, but I’ve tried to be fair, and in this case, I can empathize with the defense.

“To date, witnesses in this case, especially defense witnesses, have already been subjected to intense media pressure and harassment by the media and the public at large. This has resulted in a chilling effect with some witnesses becoming reluctant to come forward with information for fear of harassment and stalking.”

Boy, oh boy, can I relate to that one. I’m not a witness for the defense, but I have been harassed and stalked since Judge Strickland stepped down. Relentlessly. And if the defense ever needed a witness who could testify to that fact, it would be me.

It’s interesting that the order requiring penalty phase witnesses to be listed is due on November 30, the day after the hearing, so this motion could be two-fold; the other being that the list is not forthcoming. After all, how much time has Ann Finnell, the author of the motion, had to gather up all penalty phase witnesses?

The motion asks that the disclosure of these witnesses from the media and the public be restricted until a penalty phase has been established. This, the defense argues, insures that Casey will receive a fair penalty phase if it becomes necessary. In any event, if the judge refuses to grant the defense’s request, the motion asks for an evidentiary hearing on the matter, and that’s one I doubt the judge will say no to.

Overall, it has been my observation that there are a bunch of weirdos out there in the public who have grown some of the most mutated arms I have ever witnessed in my entire life. One such arm that has absolutely no merit is the one boasted by several inane commenters at an otherwise respected site; the one that states “as fact” that Jose Baez, Cindy Anthony, Melissa Earnest and myself conspired to remove The Honorable Stan Strickland from the bench. That one is disgusting, it has absolutely no legs to stand on, and it’s based purely on hatred for me and the others named. Only the stupidest of idiots would believe such a thing. It’s precisely what the defense is talking about, and it’s why the motion stated that the “intense media scrutiny of this case has resulted in the media and the public conducting their own independent investigations in the facts of this case…” I can’t say it enough times. No, this has nothing to do with my fact seeking field trips to Walmart, a la James Thompson, or a video I shot of a person who has yet to be called by the state. In both respects, I was well within my rights and all I was seeking was the truth. If Casey cannot get a fair trial, it is because of trolls. We all know who they are and so does the defense. It’s the trolls who insist they are the only ones who know “the truth” and they say so at the expense of federal and state law enforcement officials, not to mention prosecutors, bunglers all, and certainly not professional enough to see the light.

God forbid that my name would ever be placed on the defense witness list, but believe me, I sure do relish the thought of being able to tell a judge the truth about all of the horrible lies pertaining to this case. If Casey’s defense team has ever filed a good motion, this one is it. Let’s see what the judge thinks.

Happy Thanksgiving to All

Dreaded White Screen

Lately, I’ve been checking out - what I hope will be - non-invasive ads. This is merely to offset the cost of the blog. Last night, I had some noisy ones, including that persistent “YOU WON” recording that wins you nothing but an earache.

Minutes ago, I removed the last traces of the ad company I feel was responsible for the white page mess that kept popping up, filling your screen and not letting you escape without answering some sort of dumb survey. It was a royal pain in the butt, but I got it, too.

As far as I know, it’s history, but I will please ask you to tell me if you see it again. If you do, to rid yourself of it, just click on your left back (or return) arrow located in your browser. 

I am truly sorry for the inconvenience, but I had no idea it was going to do it. The ad company told me yesterday that they were gone. They weren’t. Now, the ad company is.

I’m off to a doctor appointment. I hope things are back to normal now. If not, I do want to know about it. You can leave a comment or e-mail me by using the submission form near the bottom of the left sidebar.

Thank you,

Dave

Back to writing later!

The Ballad of Casey

It is a well established fact that in America, Casey Marie Anthony is not guilty of murdering her daughter - not yet, anyway, and no matter what we think, it will take a jury of her peers to make that determination. Until then, she is presumed innocent and all we can do is speculate. No matter what the outcome next year, I truly believe her name will be synonymous with Lizzie Borden’s. Lizzie, of course, found her father, Andrew, and stepmother, Abbie, hacked up by a hatchet in their family home in Fall River, Massachusetts, on August 4, 1892. A week later, she was arrested and charged with their murders.

Today, the notoriety of Casey’s alleged criminal act is so vast, there’s hardly a person in the civilized world who hasn’t, at least, heard of her or her daughter, Caylee Marie; whether they follow the story in depth or not. Credit the Internet, where someone in Dogtown, Florida can make headlines five minutes later in Tick Bite, North Carolina. Tick Bite? Yes, Tick Bite. They are almost 700 miles apart, give or take as the flea jumps, but the speed of communication today is just fascinating, it’s worldwide, and it’s mind boggling!

In Lizzie’s time, it would have taken several days to travel from Dogtown to Tick Bite. Today, it can be done in 10 hours. Aside from cars, what the Interstate system did to our roads in the 1950s, the Internet has done to news reporting of the new millennium, only multiplied by a few quadrillion nanoseconds. It’s interesting to note that, while Lizzie’s trial was over in 1893, we still remember her name and what she was charged with. That’s 107 years ago, folks! Why? Because it was a horrible crime? Sure, but it can’t just be that. Granted, there are no “nice” ways to commit murder, but there’s something that sticks in our craw when a daughter kills her parents or a mother kills her child. There’s something more despicable about it and we seldom forget it because there’s no way to explain murdering our own flesh and blood. Spouses and ex-spouses are another story. Speaking of which…

Before the Internet, we relied on TV. An excellent example of television at its finest was the OJ Simpson debacle. How many of us watched the whole thing unfold live before our very eyes? It was the first real crime to hit the tube with such focused intensity, and to most of us, we will never forget the white Bronco. That chase will forever be one of those “I remember exactly where I was” moments. The trial was among the most publicized in American history, while the verdict was watched by more than half of the U.S. population. It was huge.

There have been a few notable murders in our recent history; recent being that there are still people alive who can remember. Today, there’s Casey. Fifteen years ago, OJ was found not guilty. Sixty years earlier, Bruno Richard Hauptmann was found guilty of murdering famed aviator Charles Lindbergh’s infant son and sentenced to death. Both were called “The Crime of the Century.” No one is alive that would remember Lizzie, but in all of these cases, most of the evidence was (and will be) circumstantial in nature. Lindbergh and Simpson were famous before the crimes, but not Hauptmann or Lizzie, and certainly not Casey. It was the murders that mostly shaped their destinies. It is what they were charged with that determined how history would view them. History books don’t teach folklore, though. It’s passed down, and Lizzie’s tale continues to be embedded in our memories. That’s how legends grow, good and bad. Sadly, the murder trumps the murdered.

In the case of Lizzie, no one else was a suspect at the time, and to this very day, people continue to argue over who really killed the Bordens. During the investigation, a hatchet was found in the basement. It was assumed to be the murder weapon, yet it was void of blood. Most of the handle was missing and the prosecution stated it was broken off because it was too bloody to clean. A police officer testified that he found the head of the hatchet right next to the handle, but a Deputy Marshall contradicted his testimony. A forensic expert said there wouldn’t have been any time to clean it so soon after the murders. No blood-soaked clothing was found and Lizzie would not have been able to change her clothes or dispose of any in such a short time. Fingerprinting was relatively new then and authorities chose not to use it. Some considered it the junk science of the day. Despite lots of other incriminating evidence and testimony, Lizzie was acquitted. It’s interesting to note that shortly before the murders, the entire family became violently ill. Mr. Borden was not a popular man and his wife suspected they were being poisoned. Their doctor diagnosed their illness as food poisoning. They believed their milk was spiked, but after the murders, it was tested and cleared. Both victims stomachs were sent to Harvard Medical School and examined for toxins. None were found.

We can almost sense a semblance of similarities between the Borden and Anthony cases. Cindy washed a pair of Casey’s slacks. A few days after the murders, Lizzie tore up and burned a dress in the kitchen stove, saying she had brushed it against fresh paint and ruined it. No murder weapon has been found in Casey’s case, and no murder weapon was found in Lizzie’s. The fact that no blood evidence was noted on Lizzie a few minutes after the second murder pointed to reasonable doubt. All of her inquest testimony was barred at trial, as was her attempt to buy hydrogen cyanide, which she claimed she planned to use to clean a seal skin cloak. A lethal poison? You bet. In the end, the jury deliberated a mere hour-and-a-half before handing prosecutors a final whack.

In Hunterdon County, NJ, where I grew up, Bruno Hauptmann’s guilt is still split into two camps and it continues to be debated. I believe he did it. My father doesn’t think so. I believe that’s what keeps the embers burning throughout generations. Will Casey be remembered the same way? Time will tell, but I certainly think so. It’s a big story. In Lizzie’s case, she was memorialized by a popular jump rope rhyme that began circulating in schoolyards and elsewhere prior to her 1893 trial…

Lizzie Borden took an axe

And gave her mother forty whacks.

When she saw what she had done

She gave her father forty-one.

In truth, Lizzie’s stepmother suffered around 18 blows and her father just 11. Still, the legend lives on. In light of that, I came up with my own little rhyme for the times. I’m not insinuating anything. It is not indicative of Casey’s guilt or innocence. I am not predicting an outcome and I am not pronouncing a verdict. I am not making a joke out of Casey or Caylee, either. This is merely something that popped into my head. By all means, PLEASE take it lightly, tongue-in-cheek, and with a grain of salt.

THE BALLAD OF CASEY

For the rest of her life

Her name will be Mudd

For taking the life

Of her own flesh and blood.

For what lies ahead

Is a brewing storm.

Her daughter now dead

Was fed chloroform.

Samuel Mudd was the doctor who was convicted and imprisoned for aiding and conspiring with John Wilkes Booth, another name that will forever be etched in our minds. He was guilty of being in the right place at the wrong time. He tended to Booth’s severely fractured leg. His role is still in dispute. President Andrew Jackson pardoned and released Mudd in 1869, but his name is still, well, Mudd.

Judge nods in approval

A teleconference hearing was held today in Judge Perry’s chambers over a motion the defense filed to conduct DNA tests on two items,  a pair of Caylee Anthony’s shorts and a bag. Both items were found at the scene where Roy Kronk discovered her remains in December of 2008.

The judge granted the defense team’s monetary request for $2,084 over objections from the Judicial Administration Commission. The JAC argued that an in-state laboratory could check DNA on the items in question, while the defense wanted an out-of-state lab. 

During a recent hearing I attended, the judge made it clear the lab needed to be certified by the American Society of Crime Lab Directors (ASCLAD). The defense originally wanted the evidence sent to a lab in Holland, but Judge Perry, in all his wisdom, made it quite clear that nothing would leave the country, where the court has no jurisdiction. Brad Bischoff, the JAC attorney, could not confirm that any of the labs listed as vendors in Florida were confirmed by ASCLAD. Jose Baez, on the other hand, argued that none of the state labs were certified. He cited a lab in Pennsylvania and the judge agreed that’s where the items will go.

It is a small battle won for Jose Baez & Co., but I would surmise that ultimately, it’s only a win if the lab finds something that will incriminate someone else, or it could somehow benefit Casey if nothing is found that points directly to her. Otherwise, I don’t see it helping her one bit, and in the overall scheme of things, if it does, it’s just one tiny piece from the vast army of incriminating evidence the state has accumulated to wage this war against her. In the end, the good guys will win. Choose sides wisely.

In another matter, Bob Kealing’s report on dead bugs must have the defense worming around right now. Watch his exclusive video HERE. He deserves an award for this one.

Moving On... From Psychos to Psychics

After my last post, which touched on psychos and psycho-babbling on the Internet, I thought I’d shift gears and share what supposed psychics had to say to Crimeline, OCSO and ACISS about Caylee Anthony’s whereabouts within days and weeks of her publicized disappearance in mid-July, 2008. This list is only for the last two weeks in July. Of course, she was last seen a month earlier, but at the time of these reports, she was merely listed as a missing child. No one actually knew she was already deceased. A lot of us had our inner-feelings, but only the psychics knew where she was and whether she was still alive… or not…

Psychic: Unknown - Date: 06/26/2008

The first notion that something would be amiss came from an unknown caller in what’s described as an intuitive informational tip. The caller said (s)he believed it may be the location of a child. “The barn by the house…” Whatever, someone should look between the barn and the house. The barn was too close to the house.

Updated on a Web site on July 22, the medium said (s)he had no interest in a monetary award.

On the 23rd, it was updated again: There is a place called “The Barn” in Sanford. I don’t know if this is the place. The space between the building looks similar to what was seen, whatever that was supposed to mean.

Just so you know, The Barn is not a short distance from the Anthony’s home. We’re talking about a 45 minute drive, less, of course, as the crow flies, but crows didn’t snatch Caylee away.

Psychic: Unknown - Date: 07/18/2008

To start things off after the fact, the caller said she felt as if the grandparents, George and Cindy, were Caylee’s “real” parents. The toddler would just cry and cry for her grandparents and Casey couldn’t take it any longer. She couldn’t accept that Caylee felt closer to her grandparents than to her. The caller said that she killed Caylee because she thought she was an inadequate mother.

The child is dead, she said, but the death was not intentional. It was out of anger and accidental. The psychic could not see how she died or where Casey hid the body.

She warned the police that they could never leave the mother alone and to keep questioning her. They needed to lead her to believe they were on Casey’s side; that they knew how hard it was to raise a child when Caylee loved her grandparents more. This tactic would lead Casey to crack and confess. She would then lead police to the body.

Psychic: Unknown - Date: 07/19/2008

Here, we have a psychic who reported that a male pedophile sexually assaulted Caylee, ruptured her, and threw her body to alligators. I hate to be so harsh and descriptive, but this is what the report says.

The perp has a round face, blue eyes and straight, light hair parted on the left side that hangs partly over his forehead to the right. Caylee was wearing shoes that were scuffed on the front and sides, a top with puffed sleeves and a tucked front that billowed out over white shorts to her knees. Her bloodied shorts would be found in the bottom drawer of a chest.

There is a separate report dated 7/24 that is a duplicate of this one.

Psychic: Unknown - Date: 07/20/2008

This one is very interesting. She didn’t call herself a psychic, she said she was a medium. She learned about the case from her daughter and had not read or watched any news segments on the disappearance. She had a dream that Casey wrapped Caylee in several layers of garbage bags that were set out with the trash. Close, but no cigar. She also said that the child had something pink in color, possibly clothing. She also saw a shovel being borrowed.

Although compelling, it’s not unusual to see a girl wearing pink. It’s not strange that a shovel would be involved in disposing of a body, but borrowing one is something to note.

Psychic: Donna Hayes - Date: 07/21/2008

Donna said she worked with the Hopkinsville, Kentucky police department. She noted that Detective Scott Mays could advise authorities of her work. She reported that Caylee is with a dark-skinned male, slender to medium in build and about 5’9” - 6’0”. He is either a boyfriend or a real “close” friend of the mother. She advised the tip line that the child was in a wooded area near a small metal shed building like an electrical box.

Psychic: Luke Phillips - Date: 07/21/2008

Luke indicated that the child was adopted under the table with the help of Good Shepherd Services in Orlando. He believed that Casey had to do this because of her strong feeling of harm coming to Caylee. When he was called, he said he had felt she was in North Carolina, near Columbia. After speaking to Sgt. John Allen, he was more precise about his thoughts in a follow-up e-mail. Working with Anam Caillte, a non-profit international organization dedicated to the search and discovery of missing children, he emphasized that there was a connection with a church/religious group, Good Shepherd Services, which is a mere two miles away from the Anthony home. Not only was he specific about the organization, he cited the Gaston, SC area off I-26 and SC Hwy 176, Plantation Estates Lane (SC-5-9-354).

Which state was it, NC or SC? Neither, actually.

Psychic: Unknown - Date: 07/21/2008

Here, the tipster advised authorities that they saw the news story on the Today Show. While watching the show, an inner voice said that police were looking in the wrong place. They should be looking in a swamp. DO NOT, I repeat, do not let the grandmother, Cindy, talk to Casey. Check the grandmother’s vehicle! “She knows!”

The psychic advised that there was never any mention of Caylee’s father or his parents. Police have the wrong person in custody! This person got a bad feeling when George was seen on TV clutching Caylee’s teddy bear. Police should take this person seriously because they have had feelings on other cases and have been right in the past. This tip should be taken seriously!

Psychic: Unknown - Date: 07/21/2008

This tipster brought the Lord into the equation, along with a suspect named David. Hmm… more fuel for the conspirators? The Lord told her in a dream that the suspect, David Rafferty, killed the child. He was under the age of 45 and had long, dirty brown hair. His glasses were outdated and he was wearing a red t-shirt with a bar and grill logo on it. He lived in a trailer on his mother’s property. Caylee was buried in a plastic bag behind or near his trailer. His mother lived in a light yellow and white house. The child’s mother did not know the name of the city and state the suspect lived in, but she believed it was probably local to where Caylee lived or where she went missing.

Psychic: Nadine McLachlan - Date: 07/21/2008

Nadine had a dream that Monday without knowing anything about Caylee. Her dream showed a countryside with a red brick bridge. The child would be found under the bridge in the water. She was wearing a plaid dress with red in it and white socks with pink on the top. She realized on Tuesday, when she saw Caylee on the news, that she was the little girl in her dream.

Psychic: Candice Casey - Date: 07/22/2008

Candice said she saw a vision that Caylee was in Rice Lake, Wisconsin, whether in the town or the lake itself, I don’t know. She said a male from the father’s side molested Caylee and that Casey told her mother, who chose not to believe her. Casey wouldn’t tell the police the truth because no one would believe her. Casey is only protecting her daughter and knows where she is. Duh? This paternal relative is shorter than George, stocky, with white hair and somewhere between 50-60 years old. That eliminated me. I’m bald. Of course, it won’t take a psychic to start an ugly rumor. Just a psycho.

This tipster was also specific. She said that Putnam was the street name and a young couple, Carrie and Phil would live there. It would be an older one-story building, with an older window, on a single-lane driveway. The house would be in a field with pretty red flowers. The family would work with hay, there would be no animals or vehicles, and the couple would have no other children.

Psychic: Jenn Cooper - Date: 07/22/2008

Jenn Cooper sent Cpl. Yuri Melich an e-mail. She said she hadn’t slept a wink for 3 days because she was having dreams while awake. She stated there was nothing in it for her except that the precious little girl to be returned home.

It was very important that police run a polygraph on Casey asking her which state her daughter had been taken to. They needed to run through the alphabet starting with A. “Is Caylee in Alabama?… Alaska?” And so on. There are 51 states and 26 letters in the alphabet. I’ll let you figure the algorithm out.

Jenn stated that Casey would not be able to lie about a timeline if the states were called out alphabetically. Casey was also covering the whereabouts up because she had been threatened not to say or people would kill her. Please don’t let this become another Madelaine McCann story!

She admitted she could be wrong, but there were several people (possibly Latino) involved.

Don’t forget to ask Casey about her Myspace blog on June 7, too. It was an open admission to what Casey was going through - something really, really bad. There was something very dark going on in Casey’s life around June 7 and she had put herself in a dissociative state of mind to kill the pain.

Psychic: Unknown - Date: 07/22/2008

The caller said she was a psychic. She had a vision of Caylee with one man and one or two women traveling in a dark-colored SUV. They were now in Raleigh, NC at a place between 225 and 275 Raleigh Road Parkway West. They would only be there for a few days and would then travel to Winston, NC.

Psychic: Unknown - Date: 07/22/2008

This one was not a psychic. Instead, the caller said police should talk to a psychic by the name of Tiffany Martin, living in Pleasant Hill, California.

Psychic: Unknown - Date: 07/23/2008

The caller said that Caylee may be buried underneath her grandparents’ house.

Psychic: Unknown - Date: 07/23/2008

This one is called The Miracle Call. The caller said that when they put water down on a table, they saw a miracle, just like Christ turned water into wine. Hmm. They saw an old-fashioned glove like an oven mitt, then the grandpa appears; then there is an image of a big person and a smaller person near grandpa’s house (or at the house.) When the caller said more water was thrown on the table, they saw a man with a big head and a small girl near some high rock. On the third day, more water was thrown on the table and they saw a woman who looked like the grandmother, that she was near some water where there was a cave and high water. Cindy was then seen with the man with the big head. No Caylee this time. Ahhh, here’s the clincher… If you’re in Miami looking up at Orlando, which must have meant north, there will be the man with the big head on the right side and there is a fancy woman who lives in Miami and they may have the child.

Huh? All that, and all this caller could say is “may” have the child. What a cryptic letdown! No wonder this caller gave no name.

Psychic: Unknown - Date: 07/23/2008

The caller believed Caylee was still alive, but not for long. Uh-oh. Casey knew where her daughter was, but she was too afraid to say so. An ex-husband/boyfriend was a trucker and they were heading north on I-95! He would kill Caylee if Casey spilled the beans. He was dangerous and probably a drunk. Tips would come in from sightings on trucks stops along the way. Walmarts, too. There must be something to this Walmart stuff. The suspect was with Caylee and no one else and was using Caylee as collateral to get the mother back. Oh yes, the tip about Atlanta Airport? Sooo not true.

Psychic: Unknown - Date: 07/23/2008

The caller said the little girl was dead and there was a man involved. Caylee was placed into the trunk of a vehicle. Casey and this unknown man were going to bury Caylee but the man told her she couldn’t bury her daughter in the back yard because it would be the first place police would look. The caller said Caylee should be wearing turquoise colored shorts and a red shirt.

Psychic: Unknown - Date: 07/23/2008

The caller believed Casey was hiding Caylee and was playing the “no body, no case” game. This one was a bull’s-eye and it rang true until Casey had her “Oh no” moment..

Psychic: Unknown - Date: 07/23/2008

This caller stated that they had had dreams about Caylee. The person believed that the suspect was deceased and that Caylee was buried in the grandparents’ back yard, near some sort of concrete square.  This caller also said that the grandmother might not be completely sane and that she knew more than she was saying.

Keep in mind that this is how rumors start, but the psychic wasn’t all wrong. I’ll leave it to you to figure out what it is, but to be fair, media helicopters had hovered over the back yard by that date, and Cindy was struggling with protesters in her front yard.

Psychic: Debbie Valenti - Date: 07/23/2008

This was her first call. She said that Casey was insecure about the relationship with her own mother. Caylee was crying for her grandmother and Casey got frustrated. She hit Caylee until she died. Police needed to keep after her and she’d crack under pressure and tell the truth.

Psychic: Andrzej Nikodemowicz - Date: 07/23/2008

This one, I’m going to quote. Marta Abdusattarov spoke to a psychic in Poland and this is the gist of an e-mail and two text messages Marta sent to law enforcement through the course of the day:

“I have a contact with the case. The girl is alive and feels good. She is in the house on the hill. Pay attention to the yellow car. Around the house there is no palm trees, only leaf trees south of Daytona in the middle of Florida.” Well, it is called central Florida for a reason. “In the house by the lake from its north side. She was going road or Interstate 4. It’s a place that I can show if there are people that are interested to talk about it. There is a woman that drives light yellow car. The vision is not clear. Mother of the child is scared but it’s all about the girl. She is in Lakeland towards Hillis Blvd or Hillis Dr by the lake. And can I explain more of someone who speaks Polish will call me. For now, that is all. Thank you for your trust.”

Psychic: Debbie Valenti - Date: 07/24/2008

Debbie again stated she was a psychic and wanted to offer her understanding of the little girl who was missing. She gave her phone numbers and asked authorities to call her. Did they call her back? I don’t know, I’m not a psychic.

Psychic: Unknown - Date: 07/24/2008

Here’s a real nail biter… The KKK has Caylee in Luce Dale, Mississippi near Hwy 98. They paid for her and use children in their satanic cult rituals.

Hey, I’ve been in Mississippi and traveled on 98. Someone I know - and have NEVER met - lives in Mississippi, too. Does that mean anything?

Psychic: Unknown - Date: 07/24/2008

Here’s an unknown caller with a different idea. This person had a “gut” feeling that Yuri Melich needed to interview all of Casey’s male friends. History proves that children are abused or killed by fathers and boyfriends. Casey was covering for someone and sending police on a wild goose chase so the culprit could get out-of-town.

Psychic: Alice Taylor - Date: 07/24/2008

Alice was rather good because she had a simple message. She sensed that Caylee was smothered and she saw the toddler in the marshes not far from her home. “A bit of a drive” kind of threw it, though.

Psychic: Lauree Coleman - Date: 07/27/2008

The Lord revealed to her that Caylee’s body was not far from the home in an industrial park at the dead-end and to the left of a wooded area. Her body would be found in a sink hole or pot hole filled with water.

Psychic: Unknown - Date: 07/25/2008

The caller stated the male responsible for kidnapping Caylee was about 20-30 years old and that he was her father. The suspect has long, sandy colored hair. They were driving a white colored or light blue colored 4 door vehicle. Earlier, Casey and Caylee went with this man to New York and he owed Casey money. He also had a firearm and he was going to pay Casey the money he owed for child support after taking care of business. Since Casey didn’t want her daughter around this sort of activity, she left Caylee with another woman (no name given) to watch her. The suspect took Caylee from the babysitter before Casey had a chance to pick her up. Caylee was still alive at this point and she was near Hoboken, New Jersey.  Did this psychic see a happy outcome? Well, there was another male who was thought to be the son of the babysitter and that would help out with the situation, so, yes, Caylee would be found!

Psychic: Unknown - Date: 07/25/2008

This one believes Casey was into drugs and she owed the dealers way, way too much money. They threatened to kill her daughter, so Casey took her to a family relative in New York to keep her safe. No name, address or relationship was established.

Psychic: Unknown - Date: 07/26/2008

The psychic caller believed that the police should look at fibers on stuffed animals found in the trunk. Casey buried Caylee in her favorite park where they always used to go. She killed her because she couldn’t afford her.

And last, but not least, we have…

Psychic: Unknown - Date: 07/27/2008

Our final psychic called authorities and stated that George and Cindy had a fresh concrete slab poured 10 days earlier in their back yard. Now, here’s a real vision, as in watching news about the case on television. The caller said Caylee’s remains were in the concrete slab. Not under it. In it. Caylee had died of heat exhaustion in the car while Casey and her boyfriend were getting drunk in a bar. George and Cindy covered up the death for their daughter. This caller was emphatic about having psychic abilities.

♦

Well, there you have it. Have at it, and this is just part of the onslaught of psychic tips that came in prior to Caylee’s body being discovered. Do you really want me to write about the months of August, September, October, November and December? I hope not, because I predict they will all be similar to these.

I imagine if we took snippets from each psychic and spit them out, we could come up with something not far from the truth, but the problem is, what pieces go with what parts? As is the case with Nostradamus, it’s easy to give him credit after the fact. If he was so good at predicting the future, how come no one has predicted something that hasn’t happened yet, based on his writings? Nope, it’s only after an event occurs that people credit him. No one sensed what was about to happen to Caylee, either. No one.

Thank you, Gracie34. It was your far-fetched, strung-out ideas that inspired me on this one.

Nunc pro tunc no slam dunk

In Latin, nunc pro tunc literally translates into “now for then.” In other words, retroactive. Chief Judge Belvin Perry, Jr. listened to several matters brought up at the hearing held on October 29, including issues over funding that dated back to May, hence, nunc pro tunc. Four days later, on November 2, the judge delivered his ORDER ADDRESSING RETAINMENT AND PAYMENT OF EXPERTS, INVESTIGATORS, MITIGATION SPECIALIST, AND OTHER COSTS. Written in chambers, without bravado and with his usual brevity, it addresses three separate motions filed earlier by Casey Anthony’s defense.

MOTION ONE

On September 30, Ann Finnell filed the Motion to Determine Reasonable Budget for Due Process Costs in a Capital Case and Motion to Incur Certain Specified Costs. A long-winded title, indeed, that came with a short reply from the judge on each specific element. Casey had requested authorization for anticipated costs for the penalty phase, if this case ever truly reaches that stage, plus mitigation costs addressed previously in an order dated May 12, 2010 nunc pro tunc to May 6, 2010.

Private Investigator

The defense asked for the authorization of a $5,000 cap on the use of a private investigator “to provide services for the penalty phase such as locating and interviewing mitigation witnesses, documents, and other relevant evidence.” Judge Perry reserved judgment and told the defense to submit an itemized list, by November 5, of the investigative services needed to support the request. It sounds reasonable enough. After all, one of the key points the judge made at the hearing was that he was not going to write an open check.

Psychiatrist or Psychologist

Here, Casey’s defense asked for the authorization of a $7,500 cap “for services by a licensed psychiatrist or psychologist to examine and conduct forensic testing on Defendant, to render an opinion regarding cross-examination of any State expert, and if needed, to testify at the penalty phase.” The court granted this part of the motion, but set the cap at $2,500 for pre-trial services at JAC rates. Please note that this is pre-trial work and not money going to a possible penalty phase. That money will be addressed at a later date the judge left unclear. I also get the feeling the defense may be able to ask for more if needed, although there was no mention in his order.

Copying Costs

The defense asked for a $1,000 cap to cover copying costs during the penalty phase. Think Xerox. The judge gave them $500 at the approved JAC rate. When the judge asked Ms. Finnell whether that amount would work, she said it most likely would. She didn’t sigh, in other words, or beg for more.

Mitigation Specialist

Casey wanted the court to authorize an additional 100 hours for services of the mitigation specialist, Jeanene Barrett. The court granted her request in full - 100 hours to be provided by Ms. Barrett or another in-state investigator at the JAC rate of $40 per hour. That gives her $4,000 to work with at the full rate. Can she request more? Probably, but the judge wants everything to be itemized and explained.

Attorney Travel Expenses

Ann Finnell wanted a $4,000 cap for expenses she expects to incur as she travels back and forth between her office in Jacksonville and Orlando. The amount covered anticipated trips to and from Ft. Myers. George has family there. Despite public arguments over whether Jeanene Barrett has already been there, done that, it’s moot and nothing more. The judge denied the request because of JAC policies and procedures, and the earlier court ruling entered May 12, 2010 nunc pro dunc to May 6, 2010. This means the order is retroactive to May 6. No money, honey.

Travel Expenses for Investigator or Mitigation Specialist

Casey requested the authorization of a $1,500 cap on travel expenses for one investigator or one mitigation specialist to journey to Ohio to obtain records and interview potential witnesses. At the hearing, Judge Perry said to use the telephone wherever possible, and/or to try to hire someone within the state of Ohio who will work at JAC rates. That would save Florida a lot of money on round-trip airline tickets. Here, he reserved any ruling until the defense can offer reasons in support of their initial request. Explore the options first. Whatever the defense can figure out, the judge will meet with them in camera in order to shield the strategy from the prosecution.

Attorney Travel Expenses for Trial

The defendant asked the court to authorize payment of Ann Finnell’s anticipated travel expenses to attend the trial commencing in May of 2011. The judge had no choice but to deny the request because of JAC guidelines and the earlier order entered May 12, 2010 nunc pro tunc to May 6, 2010.

MOTION TWO

Motion for Additional Hours of Investigation (guilt phase)

On October 25, Jose Baez filed a motion on behalf of his client. He asked the court to authorize an additional 300 hours for in-state investigative services in order to “continue investigating the evidence alleged in the State’s on-going discovery.” Of course, this request was above and beyond the hourly cap addressed during the May 12 nunc pro tunc to May 6 approval. What he ended up with this time is not what he asked for, though. The judge granted an additional 60 hours to the tune of JAC’s $40 per hour rate. Instead of $12,000, he ended up with $2,400. For now. Although not stated in the order, the judge did leave the door open for additional funds later on, if the need arises and the defense can account for every single dime.

MOTION THREE

Motion for Clarification of the May 12th Order regarding both Travel Time and Reimbursement for Travel Expenses and Mileage of Out-of-State Experts, Mitigation Specialist, Investigators, and State Experts

This is in response to a motion filed by Jose Baez on October 25 “because the order entered on May 12, 2010 nunc pro dunc to May 6, 2010 did not specifically address the travel time and expenses incurred or anticipated for these persons. Accordingly, clarification is needed as to the authorization for payment of such costs” according to the order. The court granted this motion, nunc pro tunc to May 6, 2010, and authorized “the payment for travel time and reimbursement for travel expenses and mileage of out-of-state experts, the mitigation specialist, investigators, and state experts at the JAC approved rates and in compliance with JAC’s policies and procedures in this motion and its attachments.” In the May 12 order, ORDERS ADDRESSING MOTION TO SEAL RECORDS RELATED TO THE JUSTICE ADMINISTRATIVE COMMISSION/RETAINMENT AND PAYMENT OF EXPERTS, INVESTIGATORS, MITIGATION SPECIALIST, AND OTHER COSTS/RECONSIDERATION OF DEFENDANT’S REQUEST TO WAIVE APPEARANCE AT CERTAIN HEARINGS/PROCEDURES FOR FUTURE MOTIONS… hold on, I need to catch my breath after that one… the judge addressed many areas of the defense’s earlier motion. I’m not going to go over every aspect of it. This is merely to sort out the reason Judge Perry had to take another look at his order and why he decided to respond now. In essence, the earlier order listed the approval and caps for each individual he cited, but omitted travel expenses:

• Dr. Henry Lee - Criminologist Expert: A cap of 8 hours for in-court services and a cap of 25 hours for out services.
• Jeanene Barrett - Mitigation Specialist: 384 hours for services.
• One investigator (in-state): 300 hours for in-state services.
• One Investigator (out-of-state): 100 hours for out-of-state services.
• One K-9 Expert (out-of-state): 20 hours for services.
• One postmortem hair banding expert: 20 hours

For the following experts, caps as to the number of hours to be incurred has not been determined. Therefore, the judge ruled that they shall be approved by subsequent order:

• One forensic entomologist (out-of-state)
• One forensic anthropologist
• One forensic botanist (out-of-state)
• One forensic pathologist (out-of-state)
• One digital computer forensic expert (out-of-state)
• One DNA expert (out-of-state)
• One forensic chemist (in-state)
• One forensic chemist (out-of-state)

Also in that order, he found that the following experts were not relevant and necessary to provide Casey with adequate representation:

• Jury consultant (denied with prejudice)

I recall the judge saying at the motion hearing that Cheney Mason is a qualified jury consultant and that was enough. This was also before Ann Finnell came along.

• One additional DNA expert (denied with prejudice)
• One additional forensic botanist for consulting only (denied with prejudice)
• One additional forensic Biologist for consulting only.
• One trace evidence expert (denied without prejudice)

With prejudice is another way of saying forget about it. It’s a done deal. Without prejudice means a motion can be re-addressed later by taking on a different tack, or by rewriting an incorrect motion, or because - as is the case here - the defense needs an opportunity to decide whether Dr. Lee can provide the trace evidence services. If not, counsel could then request approval from the court for someone else.

• One taphonomy expert (denied without prejudice) to allow defense counsel to request a Rogers hearing.

In my unqualified opinion, a Rogers hearing (in this instance) may be requested if the defense’s expert opinion testimony is incomplete. Taphonomy, from the Greek taphos (death), is concerned with the processes responsible for any organism becoming part of the fossil record and how these processes influence information in the fossil record. Many taphonomic processes must be considered when trying to understand fossilization. See: Taphonomy

• One cell phone expert (denied without prejudice - to determine whether this expert is needed after the state’s expert is deposed.)

In his May 12 order, the judge granted a cap of $3,500 for the costs of public records requests and denied all travel costs incurred by defense counsel, meaning attorneys only, but it didn’t address travel costs for experts. What the judge needed to clarify to both the defense and the JAC is what JAC will be held responsible for paying. In its own response to the defense motion, JAC did not make that clear. At the same time, the official JAC Expert Billing manual states that:

“Experts may not bill for time spent traveling on a case unless an hourly rate has been established by law or a court order for the travel time. Generally, travel time is not reimburseable.”

In this case, the judge did not establish an hourly rate, but the JAC manual does address a mileage rate for reimbursement of $.0445 per mile when out-of-county experts travel more than 50 miles. Will the judge set an hourly rate for the experts’ travel time? The order did cite attachments, which were not released to the public as far as I know. The answer may be in those documents.

Personally, I can’t imagine a better judge when it comes to knowing law. And I wouldn’t hold my breath if I were the defense, expecting him to flub somewhere down the pike. As much respect as I have for Judge Strickland, Judge Perry has a clear docket, and that translates into one important thing: He’s got more time on his hands to make sure this case is handled by the book. That means less things to consider upon appeal. Of course, that’s only if Casey is convicted. Meanwhile, stare decisis et non quieta movere.  The defense must maintain what has been decided. In other words, it cannot alter the legal principle under which judges are obligated to follow the precedents established in prior decisions. That’s why the judge denied the defense counsel’s Motion for Reconsideration that dealt with the previously rendered denial of its motion to seal jail logs, including commissary records and telephone and visitation logs. Oh, I could go on, but that one’s for another day.

Revolving Doors

In a case of what goes around, comes around, I wrote a post about James Thompson and Walmart last year, on October 8. Titled Does Not Compute, it focused on his description of running into Casey and Caylee at the Casselberry Walmart store on June 16, 2008, while on his lunch break. Normally, I would jump at the chance to find evidence proving that Caylee did not die sometime during the night of June 15, which has been the theory of many, but my goal was to just validate some things he claimed in his police report.

In my post from last year, I wrote this about Casey and Caylee:

If you recall, Thompson wrote in his statement to the Maitland Police Department that the two of them came into TechBay, his computer store, around June 9 of last year. He also wrote that he ran into them at the Casselberry Walmart store on June 16, the day after Father’s Day. This was the last day Caylee was seen alive according to law enforcement and state prosecutors. How fascinating, I thought. I live in Casselberry and shop at that particular Walmart. Not only that, but his computer store is in Maitland, right down the street from me on US 17-92. This was well worth looking into.

One thing immediately puzzled me. In his report, Thompson wrote that Casey was exiting Walmart around lunchtime, with Caylee lagging behind, while he was entering; yet Casey’s cell phone was nowhere near there at that time according to pings. She was at her parents’ house or very, very close by. Something was not computing in my head. The Casselberry store is 15 miles away,¹ while the closest one is less than half that distance from her house.² Both are on Semoran Blvd. Why would anyone go out of their way at lunchtime, especially when cell phone pings prove otherwise? Initially, I thought that, perhaps, her battery was dead, there were none available at the nearer Walmart, and an employee sent her up to the other store. But then, I went back and scrutinized her cell phone records and concluded that she chattered throughout the day except for about an hour, and it wasn’t until after 4:00 pm that she began driving north from Hopespring Drive.

So far, his story could be questionable because cell phone pings absolutely proved otherwise. There was no way Casey was in that vicinity at lunchtime, but lunchtime can be vague. In his police report, he wrote:

“Casey Anthony was coming out one of the interior Walmart doors as I was coming in. I recognized her immediately from the week before because she was the pretty girl who came into my store… At first I didn’t see Caley [sic] with Casey. I was going to ask Casey if she bought a monitor yet, but then I saw Caley in the background walking by herself about 10 feet behind Casey and having to open the big Walmart door by herself. The little girl looked angry and had a determined ‘I can take care of myself’ look on her face. I specifically remember feeling sorry for the little girl having to open the door by herself and wondered why her mom wasn’t helping her…”

Remember now, this is copied verbatim from James Thompson’s sworn police statement. I continued on my October post, after I had the opportunity to speak to him:

I asked him if he was sure he saw them on June 16. He was absolutely positive. I mentioned that on his written statement to police, he stated he saw Casey and Caylee at lunchtime, but on his interview with Bob Kealing on WESH, he said it was around 4:00 pm. That’s a big difference. He shot right back, though. He said when you own a store, lunchtime could be 4 o’clock. OK, I guess, maybe, in a stretch, but what about the doors that open outward? I told him I was over there last week shooting video and those doors slide sideways. He said this happened a year and a half ago. Actually, it was a year and four months ago, but I didn’t correct him. I asked him if the doors had been changed since then. He said, yes, there was a lawsuit over the old doors.

True, there was a lawsuit, but it wasn’t at that store. It took place years ago and it’s one of the reasons why Walmart changed their doors everywhere. To make a long story short, I proved that Walmart had sliding doors in place before June of 2008 from solid research on my part, and backed that up after one of my commenters supplied a link to a video of a gentleman walking to that precise store. No internal doors, either, and it seemed to have debunked his story. No cell phone pings registered near that store until 6:32 PM on the 16th, well after lunch, whether it was a noon lunchtime or 2:00 PM or 4:00 PM, which was conveniently changed in his rebuttal comments as I produced more information.

On October 10, James Thompson filed a lengthy comment on my blog. It was a privilege to publish his response and I must give him credit for that. He wrote, “Remember, I was an Officer in the Military and completed over 185 JAG investigations myself so I have an excellent memory and attention to detail better than most. My vision is 20/20 or better and I am smart so I know what I saw no doubt,” only there were too many discrepancies. You really should go read his response, but one thing he made very clear was that, “I only shop at the Casselberry Walmart so it couldn’t have been anywhere else.”

This leads me to a piece of evidence that was released in the latest discovery, and it’s rather intriguing. Someone I know felt it was important enough to e-mail me news that Casey did, in fact, write a check at Walmart on June 16, 2008. HUH?! You bet that’s important, and sure enough, I saw it for myself, but unfortunately, there’s no time stamp. All we get to see is Cindy’s bank statement showing that a check was written at store number 3782. In early June, one was also written at store number 1084.

Here’s the problem with store number 3782. It’s not the Casselberry store where James Thompson insisted he saw her. That’s store number 943 and it’s much farther north. Store number 3782 is located on Goldenrod Road, near Lee Vista Blvd., and very close to the Anthony home, where Casey’s cell phone WAS pinging until late in the afternoon. Based on my research, Casey could have easily “killed” time there while allegedly waiting for her father to leave the house. I have no proof of anything else other than cell phone pings. Of course, there is one other possibility - that it was Cindy who wrote the check.

My job is to bring you the truth, however it turns out. I have every right to investigate and question anyone I please in this case. I would never accuse James Thompson of lying because I didn’t get the impression he was. Instead, I feel he may have gotten his facts confused, and I pretty much settled it. To his credit, James wants justice for Caylee as much as any of us, but I would much rather the state have a credible witness on their side; one that the defense couldn’t rip to shreds over inconsistencies. If Caylee was seen alive at 4:00 PM or later on the afternoon of June 16, the state’s case will be on shaky ground. That means she was alive and alert, and she would have to have been killed around dinner time and in a very populated area. Rush hour. It would also prove that cell towers are liars.

♦

I urge you to read the two posts about James Thompson. I would strongly recommend that you read the comments, too. Below are two videos; one I shot of the store and the other one an unsuspecting young man’s video that proves no interior doors existed when Thompson claims they were there. No doors to push, either. Below those two are parts 1 & 2 of the drive time from Sutton Place, where Anthony Lazzaro lived, and the Casselberry store.

One final thought… In the latest dump, you see a lot of checks written to Target. Someone asked me why Target would cash checks like that. I called the Casselberry store because, like the Casselberry Walmart, that’s the Target where I shop. I told the nice person on the other end why I wanted to know and she promptly asked for my autograph. Just kidding. She told me it’s company policy to not ask for IDs unless the individual clerk finds a reason to. As long as the check is clean and it clears, the store accepts it without asking for identification.

The following video was shot in January 2008:

Two more to watch:

New Documents Released Today

“Oh no!”

- Casey Anthony’s reaction to the news that the body of a small child was found in the woods off Suburban Drive (as told by Corrections Officer Tammi Unser)

New documents are being released today in the case against Casey Anthony. Among the documents are letters mailed to the jail, hand written notes from law enforcement, Casey’s reaction to learning a child’s body was found in the woods off Suburban Drive, and an application and authorization for installing a pen register.

244 PG DOC

246 PG DOC

418 PG DOC

CASEY’S REACTION TO BODY FOUND

CINDY’S LETTERS

LETTERS

NOTES

Please see: How the FBI handles Internet terrorist threats

Election Day tomorrow and...

… Approximately 1,000 pages of documents in the Casey Anthony case will be released on Tuesday, according to the State Attorney’s Office. Some of the material dates back to 2008, and some is much more recent, a spokeswoman for State Attorney Lawson Lamar stated. All in all, this brings the total number of pages released so far to over 20,000. 

More information to come tomorrow.

A lot of lawyering, a lot of frustration

I arrived at the courthouse about a half hour early, early enough to breeze through security and go up to the 23rd floor. That afforded me ample time to have a good conversation with one of the senior reporters covering this story before others arrived. We talked about several issues related to the case, and one of the topics dealt with journalists and bloggers. There are a lot of crazy nuts out there, this person said, and because of where he and other media people work, be it a newspaper, network or local TV, cable or radio, there is a shield that protects them from harassment and stalking. Not so with bloggers. Bloggers are out in the open and ripe for attack, especially if they identify themselves like I have. In this, there’s no envy; instead, it’s more like a bit of empathy and compassion. Earlier this week, a letter was received by the court via U.S. Mail that attacked this blogger and the media folks were aware of it; some, but not all. It’s safe to say it went absolutely nowhere except the file that holds all correspondence related to this case, such as the letter from Joy Wray sent to Judge Stan Strickland before the nut jobs came out en masse. Fortunately, media people recognize when something is newsworthy, when it’s junk, and when to never give psychos their day in the sun. That letter came straight from a psycho; too cowardly to sign a name, let alone a real one, as if it would have mattered in the least. This is the type of correspondence that never makes its way to a judge. Instead, it collects dust in perpetuity.

Red Huber walked in and sat down in a chair. There are sofas and chairs outside the courtroom, more so on the 23rd floor, for people to relax before or after court proceedings. Sometimes, attorneys are interviewed there. I asked Red about cameras in the courtroom. He said he was the official photographer in the media pool, meaning that he is the only person who has a hand-held still camera. It’s quite a fancy one, I might add, but he is an incredible professional. I asked him about cell phones. He told me he caught an unnamed TV journalist holding up an iPhone (or something similar) while a hearing was in progress. He called on a deputy and the deputy warned the person that if something like that ever happened again, they would be barred from the courthouse. Red Huber is very proud of his work, and rightfully so. Imagine a low-res cell phone image plastered on a station’s Web site. That would have gotten the network affiliate in a bit of hot water because it’s not something Red would ever take credit for.

The media folks were called to file into the courtroom and as we did, the reporter said blogs are becoming more interesting and pertinent, and he makes it a point to read them, including mine. It’s part of the job now. That was encouraging.

We entered the courtroom before any of the attorneys, so when they meandered in, all at once, we said our hellos to both the prosecution and defense. I had a good feeling that Ann Finnell would make her debut and she did. I think it’s important to remember that the opposing sides seem to only be that way in the courtroom, not that they do an awful lot of socializing together outside, but I sensed a more relaxed attitude and an almost warmth that dissolved once the sides took to their stations and donned their battle gear, which was nothing more than notebooks and pens. Oh yes, this is the 21st century and I know Jose has an iPad. One of the first things I noticed was that video monitors all around the courtroom were turned on for a change. That was great because it afforded us a good view of the proceedings. In some of the video footage you got to view, you probably saw some of us looking up. That’s why. They were hung above us. We could actually see the faces for a change.

When Casey walked in, flanked by officers of the court, she was noticeably thinner. Her hair was pulled back tightly in a bun and she seemed to have a sad, blank stare, from what I could see before she sat down and faced forward. Within a minute, George and Cindy shuffled in and took their seats in the second row. Their attorney, Mark Lippman, sat directly in front of me. Cindy wore a burgundy colored blouse that complemented George’s lavender colored shirt.

Chief Judge Belvin Perry, Jr. arrived on schedule, although I was a bit disappointed he was 4 minutes early. Oh well, my late Grandfather Landis was always punctual, and like him, sometimes early. God knows, I’d rather be early than late.

The judge wasted no time getting the hearing under way. The first order of business was the MOTION FOR RECONSIDERATION. Jose stood and walked to the podium. This is a motion Casey’s defense has fought for more than once, and it’s been shot down each time. Today was no exception, but I sensed a little more desperation in Jose’s voice. It was either that or a combination of frustration and exasperation. Personally, I don’t care what Casey eats from the commissary. I don’t fret over her personal mail and phone records, but inquisitive minds want to know, and because it’s the law, there’s no bending it - or in this case, Bent, as in Bent v. Sun Sentinel. Jail records are under the control of the legislative branch, not judicial. This time, Jose spent the brunt of his argument on mail from family, friends and strangers. He cited the case of the city of Clearwater (City of Clearwater, 863 So. 2d at 154) where it was deemed that private e-mails stored on a government computer are not automatically public record. In other words, private documents are not necessarily public record by virtue of their placement on an agency-owned computer.

OK, fine, but there’s more to it. When the attorney for Orange County Corrections got up to speak, she stated that she was merely there looking for clarification; that the county had no real dog in the fight, but she saw a problem. Here is where I have seen the defense go in the past, and it’s one of the reasons why some of the motions are lost, in my opinion. The county objected to the mail issue because the motion didn’t request it.

The Orlando Sentinel attorney then took center stage. One of the questions I posed to Red Huber before the hearing began was about this motion. I asked him if this was pooled, too, so all media outlets would share in the costs of any and all proceedings. He said, no, this is solely the Sentinel’s job. The attorney reminded the Honorable Judge of his ORDER DENYING MOTION TO SEAL JAIL VISITATION LOG RECORDS, back on June 7. There, the judge wrote:

The Court agrees with the County that a criminal defendant’s desire to “maintain the confidentiality of visitors” in a high profile case does not qualify as a lawful exemption. As mentioned supra, the Defendant’s Motion does not provide any statutory exemption or legal authority for the Court to “seal” documents that constitute public records.

Instead, the counsel for the defense entreats the Court to judicially create an exemption in this case. The Court is unable to acquiesce. Any exemption from the Florida Public Records Act must originate in the legislature and not by judicial decision.

Friday, Judge Perry took the Bent decision into consideration, but he only denied the Motion for Reconsideration at this time, and those were his precise words, which leads me to think the door is not completely closed. There is no doubt the Bent issue will be argued for years to come, but he did settle the matter of audio recordings. He said he will treat Bent as if it is final. In other words, audio recordings will remain under wraps. All other jail correspondence will be accessible to the public. So it shall be written, so it shall be done.

§

The judge brought up the JAC motion and Ann Finnell stood up and walked over to the podium. She is a rather stately woman, but not statuesque by any means. In my opinion, she appeared to be a quintessential professional, and she was. She had a certain elegance and a homey warmth about her, if that makes any sense. She looked like she would be a wonderful mother, aunt and grandmother, although I know nothing about her personal life. Well, hardly anything.

It was during this back and forth the judge became most animated, although he didn’t direct it at Finnell, in particular. It was the entire defense, but that’s because the course of the conversation really opened up into other areas, such as TES, which had nothing to do with her. Jose and Cheney piped in and it seemed to frustrate her a little. She made it clear she was not involved at all in TES documents at one point, but prior to the confusion, Judge Perry asked her about the 384 hours the court approved for Jeanene Barrett. She said that at least a half to a third of those hours had been exhausted. She said she needed at least another 100 hours. The judge said he wants to first see how the hours had been utilized before giving her more.

He asked her about the 300 hours given for private investigators. This is when Jose responded. He said he needed an additional 300 hours. The judge said he realized some of those hours will remain under seal, but where did they go? Jose said that many TES searchers didn’t want to get involved. The judge was pretty clear about all those searchers. The defense is not to go on some sort of fishing expedition. “You’re not to go drilling for oil when there’s no sign of oil anywhere.”

The majority of searchers were nowhere near the remains. He said he had provided them a special master. They were given the right to read the records and take notes. Jose said the defense had made over 1,000 phone calls and talked to 150 who were in the area. The “area” was confusing because there was no clear definition of what constituted the Suburban Drive vicinity. Cheney Mason said a lot of searchers looked on their own; that they had uncovered people from leads and some people who did not report everything to TES. Even so, some TES records were not clear. He questioned whether Texas EquuSearch kept bad records or whether they hid info on purpose? Here is where the judge made his succinct statement du jour:

“I am not going to write an open check. I am just not.”

Ann may have been rightly frustrated because it was at this point she said her motion was not about TES. It was about mitigation, such as medical history and school records. The judge interjected. “Miss Finnell, I’ve done a few capital cases.”

He turned to Cheney and asked him if he was planning on sticking around for the penalty phase, if Casey’s convicted. Cheney nodded and said yes.

Throughout this exchange, I looked up at the monitor to see the looks on the attorneys faces and that of Casey. Quite clearly, she was shaken. This was, shall I say, a bit more vibrant and enlightening and here she was in the thick of it. Sticking around for the penalty phase. Oh my. She seemed distressed to a certain degree. We’re coming to the end of the year and May is on its way. Time is running out.

When the dust settled, the new attorney continued. She made more requests, and in the end, Judge Perry approved some things and denied others. Her travel expenses from Jacksonville will not be covered. If she wants to send an investigator to Ohio, try phone calls first. There are investigators in that state that will work at JAC rates and not have to fly from Orlando or anywhere else. For each request, he wants to know the reason why he needs to spend taxpayers’ money. He said he’d be happy to take ex parte material into consideration and under seal. (Ex parte is generally a judge meeting with one party and not the adversary.)

The JAC attorney got up and rebutted. He said that the penalty phase funds may be premature at this time, but the judge disagreed. In the matter of capital cases, the cart comes before the horse, he said. With regard to psychiatric evaluation, he awarded $2,500 at this time. He said the standard exam may not be enough at the JAC rate. He approved $500 for copies and an additional 60 hours, or$2,400, for a private investigator. Most of all, he said he remains open for more expenditures, but he needs to know where all the money is going now and where it’s been going.

In several instances, I noticed that the defense does not come prepared. The judge asked how much money was spent on public records, for instance, and Jose didn’t know. At some point, he said something that caused a stir in the gallery. Sitting on the other side, someone roared in laughter. Jose turned to look, but the person was quickly silent and lost in the crowd. In my opinion, this was very rude. This is a murder case and not a joke, no matter what that narcissistic person thought of him. No one should ever laugh in a courtroom unless the judge prompts it. The murder of a child is a very serious matter. To be honest, I felt a little for Baez. The day wasn’t going his way and he told the court of the endless, almost thankless, hours the entire defense has been working. It was their life, and he was emotional about it. It did lighten up, though, however brief.

Judge Perry granted Linda Kenney Baden’s request to withdraw from the case, but not before he asked if there were any objections.

“I liked working with her,” Jeff Ashton exclaimed.

“Pardon?” Judge Perry asked.

“I liked working with her,” Ashton repeated. That brought out a few light chuckles, but here it was a lighthearted statement and the laughter was not made out of ridicule.

“Mr. Baez, it sounds like Mr. Ashton has objected,” the judge retorted.

“Yes, it does,” Baez joked.

§

Linda Drane Burdick asked for and received a 30-day extension on depositions. Some of the witnesses are difficult to track down. The defense is having the same problem. One of the things I’ve noticed about Judge Perry is his flexibility. As stern as he is, he’s very giving and in some cases, willing to bend.

The judge then reminded Ann Finnell that the deadline for listing all penalty phase witnesses is November 30, a mere month away. All of the state’s experts have not been deposed yet and that deadline is November 19. A Frye hearing was brought up. Jeff Ashton said he wants to sit down with the defense and go over what is new and what is old science. A Frye hearing is used to determine if novel scientific evidence is reliable enough to be permitted in court. It can also apply to testimony from psychologists and psychiatrists, not just forensic experts.

There was a brief exchange between Cheney Mason and Linda Drane Burdick that became somewhat heated. It was over some of the TES records still being held by law enforcement. Burdick explained that the defense had ample opportunity to look it over when their experts were in town back in July. Of course, the defense said they had never received property forms or receipts and Burdick begged to differ. Oh, the frustration of it all! The judge gave the defense two weeks to settle the matter. He then asked the state if all evidence had been disclosed. If not, everything must be disclosed by January. This means that there will be no surprises weeks before the trial is underway. The defense should have everything in its hands by the first month of 2011.

Before the judge gave the attorneys a rather stark speech, I must say that this was the first hearing I’ve attended where Linda Drane Burdick came across loud and clear. It was my observation that she seemed more agitated and direct, and certainly, more animated than I had ever seen her before. With that, the judge stated that if the depositions are not done on time, the court will set dates and he will make sure they are not convenient for either side. He said he will start running the case at his pace, so everything had better be ready come January.

“All the posturing has been nice, but come January, it will be according to my schedule.” And that means the schedule could be at midnight. If there are people unwilling to be deposed, by golly, the court will make them comply. Judge Perry means business.

§

A somewhat odd thing occurred near the end. The gentleman next to me started to breathe deeply. When I glanced his way, he was sound asleep. To me, this had been an exciting day, one filled with many highs and lows. Just like in church, the judge gave a great sermon, but I guess there’s always a chance that someone will be napping in the crowd. The hearing lasted two hours, as I expected, but I’m used to them by now. He wasn’t, obviously.

As we got up to leave, an attorney was loudly castigating one of Orlando’s best known journalists about dumb questions. It wasn’t pretty. I gravitated toward Ann Finnell. I had a message for her from her niece or cousin, but darn if I didn’t write it down. Instead, I had a senior moment and I asked her if she would be attending the next hearing. She said she would, and I said I would remember next time. She asked me how I knew it was really a relative and I said because I know her real name and she told me you would recognize it. She was more than friendly and open. She’s every bit a class act and you could tell that she’s a very caring person. Who better to handle a penalty phase? If Casey is found guilty, she’s in good hands. Anyway, it’s her cousin, and I’m sorry. I’ll make sure I get it right next time, and that will be on November 29, at 1:30 PM. I’ll be there. I need to set the record straight.

Get Bent

Dura lex sed lex. That’s Latin for “the law is hard, but it is the law.” Such will be a lesson learned by the defense in the courtroom today, I’m afraid.

What was scheduled to be a status hearing has turned into one of greater magnitude, and one that Casey must attend. She hasn’t appeared in court since the July, when her mother and brother took the stand over the admission of Cindy’s 911 calls.

While the status of the case will still be discussed, two defense motions will also be heard, and that will include counter motions filed by the JAC and the Orlando Sentinel. Defense attorney Ann Finnell recently filed a motion that asked Judge Perry to set a cautionary budget for costs she expects to incur to properly represent Casey prior to a sentencing phase; to be prepared if she is convicted of capital murder. The next motion will once again ask the judge to reconsider prior rulings over the public’s right to see Casey’s jail records, including phone calls, visitor logs and commissary purchases.

I don’t want to venture a guess about the money issue. The defense is requesting an additional $12,000 for investigative work on top of the money their mitigation specialist is asking for. This is too tough to guess, so I’ll focus on the issue over the disclosure of certain records.

First off, let’s make it clear that the defense is once again asking for more than the judge needs to give. In the MOTION FOR RECONSIDERATION, the defense cited a recent ruling by the Fourth District Court of Appeal, Bent v. Sun Sentinel, which ruled that jail “audio recordings of the defendants’ phone calls are not public records subject to release.” What this did, in effect, is put a temporary end to releasing phone calls, which are recorded surreptitiously for security reasons. On the other hand, the ruling did not address any jail logs whatsoever. This means who called, when and how long they spoke, are not subject to the ruling.

Right now, Casey has “three Standing Objections of Abuse of Florida Statute Chapter 119.01 complaining of the release of public records,” according to the Orlando Sentinel’s motion. The Sentinel went on to suggest that this defense “essentially asks the Court to shut down the media and the public’s statutory and constitutional right to public information.”

The Sentinel continues to argue that neither the public nor the media “are required to show a legitimate interest or purpose in order to obtain public or judicial records.” Here, I have one slight qualm with the Sentinel’s mention of judicial records. The jail does not fall under the judicial branch, and for that reason alone, the judge cannot rule in favor of the defense. He has made it abundantly clear he holds no power over the legislative branch, which governs this sort of disclosure. Timoney v. Miami Civilian Investigative Panel, 917 So. 2d 885, 886 n.3 (Fla. 3d DCA 2005) stated that “generally, a person’s motive in seeking access to public records is irrelevant.”

Judge Perry has, on more than one occasion, stated that he was not going to reinvent the wheel, meaning he will not rewrite Florida’s Public Records Act, which we recognize as Florida’s Open Government in the Sunshine law. Today, he will rule the same way he has in the past. There is no doubt that jails and prisons in Florida will comply with the Bent v. Sun Sentinel ruling and keep recordings locked up for the time being, but I am certain it will work its way up to the Florida Supreme Court and beyond.

The defense believes that the disclosure of jail records will deny her the right to a fair trial. I disagree and so does the Sentinel. Although I don’t care about Casey and her orders of nachos, I find it hard to believe her phone log, visitor log and commissary purchases would prejudice a jury. Instead, perhaps the defense should halt all post-hearing press conferences and ask the court to place a gag order on this case. The judge might be willing to comply.

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Veritas vos liberabit! See you in court.