In denial

UPDATE 5:00 PM

A fourth defense motion was denied by Judge Strickland late this afternoon. Casey will not get any special treatment in jail. Baez & Co. wanted the jail to stop videotaping Casey whenever she was meeting with her lawyers and/or her family. No dice, said the judge. Since the jail videotapes every inmate in the same situation, he saw no reason allow the motion. In his two-page ruling, he said he can’t force the jail to “cease and desist from videotaping Ms. Anthony’s meeting with her attorneys.”

Strickland ordered that he must view any videos of attorney visits behind closed doors before any of them are released to the public. He said he has concerns about their content because he has seen at least one that would impact Casey’s right to a fair trial. It is unclear what video (or videos) he was referring to in his motion.

Surprise! Surprise!

Actually, the decisions the judge rendered yesterday with no explanations were no surprise at all. First, he denied the defense’s request to destroy video of any and all visits from her family. George and Cindy said they haven’t gone to the jail to see their daughter for fear that the recordings will be released to an overzealous public while being unfairly picked apart by media commentators. True, but in my opinion, she has the same rights as other prisoners - no more, no less.

Judge Strickland also denied the defense’s request to dismiss any of the fraud charges against their client. All 13 counts against Casey will stand. She (allegedly) stole checks from her friend Amy Huizenga’s checkbook to pay for clothes and groceries. Jury selection for the fraud trial should begin this week and the trial date is set for January 25, 2010. If Casey pleads or is found guilty, she will be sentenced according to first time offender guidelines. (See: Double Jeopardy)

Finally, the judge ruled that a recorded statement made by Joe Jordan cannot be released. The Texas EquuSearch volunteer illegally recorded a conversation that took place with a defense investigator without the investigator’s consent. Jordan (allegedly) told both the defense and prosecution two different stories about whether he searched the same woods where Caylee’s remains were discovered.

Judge Strickland heard these motions, plus two more, last Friday. He should rule on the remaining two [see update at top of article] at any time. They are whether the state can pursue the death penalty and whether the jail can continue recording meetings between Casey and her attorneys. In my opinion, last week’s hearing - which I attended - will be a complete wash-out for the defense. There are no solid reasons to dismiss the death penalty at this time, and the judge cannot, nor will he, order the jail to stop doing what it does. It is up to the county because that’s the governing body that controls the jail.

Were the motions meaningless and a waste of resources? No, I don’t think so. The defense has to throw whatever it can at the wall of justice, in hopes that something sticks. The argument Andrea Lyon gave in court Friday regarding the death penalty was compelling, but it fell short of convincing me and I am just a bystander. I am positive we will hear more motions to preclude the death penalty for months to come after this one fails. In the meantime, Judge Stan Strickland rules!