Get Bent
Friday, October 29, 2010 at 8:52AM 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.
Dave Knechel | tagged Bent v. Sun Sentinel, Timoney v. Miami Civilian Investigative Panel | in Ann E. Finnell, Ann Finnell, Casey Anthony, Caylee Anthony, Cheney Mason, Chief Judge Belvin Perry, Cindy Anthony, Dave Knechel, David B. Knechel, David Knechel, Florida’s Government in the Sunshine, Human Interest, JAC, Judicial Administrative Commission, Lee Anthony, Marinade Dave, Marinade Dave Knechel, Marinade Dave’s Caylee Anthony Posts, Orlando Sentinel, Rachel Fugate, marinadedave | Share Article 
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Reader Comments (49)
Top o' the mornin' to ya, Dave! "See" you later...
Good morning, Janet. Yup, you should see me later.
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I'd be more embarrassed about the public knowing I lied about having a nanny, a job and a lost phone with all the important contacts needed to prove my innocence instead of what I'm ordering up for snacks everyday. Once again.......Casey Anthonys priorities are all screwed up.
See ya in court *Dave.
Good morning, merry sunshine!
Will someone put up a link for us so we can watch the hearing via computer? TIA!
Is it on at 1:30? I've lots to do today but I hope I can stop to watch the hearing live.
A very good day is wished for everyone!
How true, Diana, how true. Why the defense worries about trivial commissary purchases, for example, befuddles me because the jury won't hear about it, nor will they care. I know I don't. Even the logs concerning phone calls and visitors isn't really revealing. So what a mitigating specialist came to visit. It happens in every capital murder case.
I'll wave to you if I can.
Good morning, Sherry!. The best I can do is to direct you to a link that may work later on. The problem is that no link is up at the moment that will stream it, but try this one:
WESH-TV
Hi Dave. The defense will never ask to have all post hearing press conferences or interviews halted and they will never request a gag order as they are media whores. The prosecution has never given an interview, nor have they appeared on JVM or NG. The defense is out there trying to discreetly influence the jury pool in their favor. Asking for a gag order would be like asking for a gag order against themselves.
I’m taking half the day off so I can watch the hearing. Hope to see you on the telly.
AHA, Carmen, the judge did state that he will (or is tinkering around with the notion to) place a gag order close to the trial date. This far away from the trial, it's not necessary, and the jury will come from out of the area, anyway, where it's not in the news every day like Orlando. Remember, most of the news you read, see and hear comes from Orlando media outlets, not Tallahassee or Miami, where it's not breaking every day.
Hopefully, you will see me.
Dave, look forward to seeing you on TV. Why is is that the defense can't seem to get it through their head that he has no jurisdiction over the jail? Do they think if they keep trying he will finally give in? I can't wait to see how he rules on the money.
AHA, Dave :) I said the defense will never ask for it, so we're both right. I do recall when JP said he may consider a gag order as the trial date gets closer. Wish I could be at the hearing with you today. Looked up where you live. Not far from Orlando at all. And it's not even that far from Sebring. :)
Mary Jo - I think the defense thinks that since an appeal court ruled against releasing jail recordings, this judge might rule against jail logs. I imagine there's a slim chance, but I doubt it. Meanwhile, I can't blame the defense for trying. Remember, if they throw enough at the wall, some of it is bound to stick.
Yeah, that money issue sure is perplexing. I mean, what is fair in a capital murder case and what isn't?
Carmen, sometimes I think the defense is being to cantankerous, the judge may just issue a gag order because he can. That'll shut the defense up.
Sebring is about 100 miles from Casselberry. It's a pretty easy drive, but still 100 miles.
Dear DAve, Looking forward to proceedings today. Is that 130pm Florida time. What time in Texas. I agree I would be more "embarassed" by the month wait to let someone know my child was missing than that I was pigging out in jail on nachos.
uhhhhh DAVE!! if they put a gag order on this what on earth will we talk about :~(
Dave: it always amazes me, not that you are pointing it out specifically, but the hypocrisy of the defense. I don’t live in Florida he!! I live well over 1500 miles away so I don’t get to see what is going on but I do try and read as often as possible. But I digress; of all the articles/news clips (and it is quit possible I am blind to the fact) I have not seen the prosecution on top of their soapbox preaching of the unfairness surrounding this case (again I could be waaaayyyy off so please correct me if I am wrong) but it seems that at any given chance the defense will gladly stand on said soapbox and preach a sermon of idiotocricey (SP?) and spew un-truths to all who will listen. The defense claims that the video, albeit no audio, paints a poor picture of their client and prejudices the jury pool, or daily phone calls can be construed in a manner not favorable to the defense. All they are doing (IMO) is pointing out their own inadequacies to the potential jury pool and although the ineptness of each participating clown is shown on a day to day basis you’d think you just shut the BLEEP UP.
With the exception of Mason, and i am not defending him by no means, I believe each participating buffoon is there solely for the advancement of their carrier not for the client, granted their client doesn’t have a snowballs chance in he!!, but more attention should be made to her defense (or in my opinion lack thereof). And although Judge Perry probably wont reinvent the wheel i do hope he reivnets a "bitchsplap"!!! TTFN and as always Dave a very insightful article...love it!!
Dave, if I can drive from Massachusetts to California and back, I can drive from Casselberry to Sebring. You're worth it!
WFTV-Hearing Live Here
It was great seeing you in court today Dave. I thought Casey looked thin. Almost unhealthy. Judge Perry is going to move this along one way or the other. Finally.
Oh! I can't wait to read what Dave has to say today. I watched every minute of it on the computer (no Commercial breaks) and thought Judge Perry absolutely ruled today..I saw Baez at one time get about to his waist in deep and Cheney had to get up and pull him out..Then again Baez said something so stupid that Cheney had to turn his back to laugh..Most exciting yet...And I loved how the Judge reminded them several time that the taxpayers money is footing the bill..No flip flopping around today.
Hi Everyone!
I watched the Status hearing today- Casey appears pasty and she seems to be losing a significant amount of weight so far. Judge Perry pretty much ate Jose Baez for lunch today, especially when after asking five times whether or not he knew the present balance in their budget to go toward copying documents they may need to prepare for their case. The answer was finally a sheepish "No idea". He also, when Jose argued that the release of jail calls and commissary shopping lists would taint her chance of a fair trial, reminded those in attendance that there have been no similar concerns when it was time for post-hearing press conferences. Touché !! What a day. Hope everyone is well and enjoying the beautiful autumn season.
I saw you there Dave...and it looked like Judge Perry got "bent" a bit and told the defense team that HE would schedule the depos if need be...Sooo, how many times does he have to remind them??? They don't even know how much JAC $$$ has been spent or how much is left yet they are asking for MORE mulah...Good job Ms Finnell to speak up and say that it doesn't matter if she's paid for travel and lodging, she's in it for the long haul...At least we know she won't desert ship...Sooo this "Bent" case is still not settled, but Judge Perry said he would rule as though it were...That's not really getting "bent", just tweaking...JAC did bend a bit and OKd a bit more $$$ to be paid out...The defense team had to cry about not being able to see "all" the TES stuff...According to LDB they didn't ask for additional info and it was there for their perusal...they now get an extra 2 weeks to get the info they want...Naturally there had to be a play on semantics..copies, paper transcripts or CDs... are "copies" none the less as they aren't the originals but facsimiles...put that in your pipe and smoke it Mr Baez...Yes in deedy dooo this is gonna be one heck of a trial...I just hope the jury doesn't get blindsided with all the evidence and crossfire...
Dave - I can't get logged in, so I'm doing it this way. Didn't get to watch the hearing today, so am hoping for a recap. TIA
Btw - Thanks to Beth forthe short highlight. Jose never seems to be prepared to answer specific questions regarding his motions. Why in the world would he not know the current balance to an account that is directly related to his motion?
The repeitive motions (and denials) to seal jail records is totally wasted time by the defense and for the court. The defense objected to a gag order early on. Why? Probably because Jose and Co. WANT to be in the spotlight. I believe that is their whole purpose for their involvement in this case. I don't see them asking for a gag order going forward. They WANT the spotlight! That, my friends, is more important to them than their client getting a fair trial.
I need to eat something, but Bill Sheaffer told me he wrote a new post and I see that it's up.
I am having a devil of a time getting logged on. I sent you an email earlier today.
Dave, the hearing was well worth the watch, very interesting. I will look forward to your post about it.
Thanks,
Peggy
Janet??!! JANET??!! lol- No, seriously, Dave, did you get a chance yet to see Casey's reactions to all of Jose's shenanigans- the nostril flare, the eyebrow raise, the grimace- priceless. Judge has 'bout had done with this nonsense, and Jose was steaming- with no one to blame but himself. Unprepared, and everyone else seems to be too over at that end of the room, because of him!
Dave, take your time and dont rush your supper. I got to watch the hearing and noticed alot of my predictions were right on. I may watch the hearing over again as I was also watching what is happening with the US for personal reasons because of my daughter's employ and a precautionary evacuation that had to take place. I wont go into any more details here.
So she was busy on the phone to the US and I was running around like a chicken with my head cut off.
I am going to look forward to your write up on today's events instead of trying to do a recap.
Karen, Casey was doing a lot of eye rolling, among other things. Well, she picked him, what did she expect.
The only person to receive a GAG INFLICTED ON THEM In this tragic case was not through a court order..But decreed by Casey when she took it into her own hands,And desided to place a permement GAG Order on Caylee.The GAG of choice was hinkel duct tape.This GAG order was pernament an could never be over turned.....Am sick of hearing about Caseys right to a fair trial,What about Caylees rights to life.Am so sorry your blood family failed you Caylee,We your surrogate loved ones will never forrget you.An your tormenters an those that leeched money of your suffering will soon face retribution for profiting of blood money an deserting you to champion the momster that murdered you...
Goodnight Dave Snoops Karen C PEGGY Diana Sempre Invictus Estee Beth Majorana Carmen B Man Martha an Mary Jo an anyone Ive missed out......Had a long day may your God or sphagetti monster go wit you .Thanks for all your comments .Manana..
to ecossie possie: I couldn't have said it better myself. I agree with you 100%. I have never "seen" you like this before and I suspect it has everything to do with the crap the defense is trying to pull.
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Baez sure go bitch-slapped by Judge Perry today. I was so captivated by today's hearing that I had to take my laptop outside with me when I took the dogs out to do their duty. What a day for Caylee.
Ecossie Possie~ ~ your comments made me misty eyed. Your compassion is reflected in your words. It seems that so many have forgotten Caylee's name. It is the notoriety, money and making sure that a murderess has the very best.
Ecossie~ I really like the name "momster" very suiting to Casey. What has happened to Caylee is very tragic and her family needs to dig down deep and try to remember her a little more and forget about their grown daughter. Casey made her bed and now she needs to rest in it. jmo
Ecossie - Your words ring so very true! Sleep well and may God and/or the spaghetti monster go with you too.
One of the most offensive comments I heard made by Jose Bias today (only because it was made by him) was ..."you can't put a price on a human life". That coming from a man who brokered the sale of little Caylee's photographs.
Dave~ Great show today! Judge Perry did a great job keeping finances in check. Never a dull moment in this case. I guess George took a break from his extreme kidfinders boat to show up in court. :)
I would advise the defense to read the Florida constitution before making these motions. The state is quite clear when it comes to the public records laws here.
The Bond case that the defense cited in their motion had little to do with what they wanted sealed in this case. The decision is also likely to be overturned on appeal.
We will probably only have to endure these status hearings one or two more times as Perry will clamp down in January. He gave this indication at the hearing today.
I also await to see Dave's take on the hearing today.
MURT
Dave, who was that blonde woman with sunglasses sitting next to you in court? was it lindsey lohan, or was it paris hilton? just kiddin' :))
Good morning Dave. Thanks for sending me my new thingys LOL, I am finally logged on. Everything had gone to Spam so I did not retrieve it until now. Going out to do a Lit Drop for a great candidate that is in some trouble. I will be so glad when Tuesday is here. I am very worried. Thanks again and I hope you had a nice day with you Dad. Looking forward to your new post on the hearing.
Good morning! That was Joy Wray, of course. She wheeled in and parked herself parallel to the second row, where George, Cindy and their attorney sat. I was in the row behind them, but it looked like she was sitting by my side. Incidentally, not one word was exchanged between us. She entered after the hearing began and after it ended, I remained to talk to some of the attorneys. I had a nice exchange with Ann Finnell and I'll write about it on my next post.
Regarding the gag order, I am pretty sure the judge stated that he will impose one regarding the wherebouts of the perspective jury when the supoenas go out and for jury selection. I don't think he ever mentioned imposing a gag order for any other purpose.
I have to go get green peppers for scary chilli for Halloween, darn I wish I could be two places at once this morning.
I hope everyone is well and has a frightening weekend!
Hi Dave,
In court, what was high up on the wall to your right. One guy took a double take and kept looking at the object, so did Bill Sheaffer.
HAPPY HALLOWEEN TO ALL.
Good points Dave, but I don't think JP would grant a gag order. too late and too far down the road.
Boo! Thought I'd "pop" on and say hello to everyone! I have been taking a little break from the computer. Dave, I look forward to your report on the hearing. I just caught bits and pieces of the hearing on InSession. I missed most of his rulings. I thought JP denied the motion about the jail logs, etc because Bent isn't final......it sounds from the comments I may have that wrong.
KarenC. I like your reference to all of the "facial expressions" that Casey was making in court but what really impressed me was her ear wiggling. It seemed that whenever she flexed her jaws her ears wiggled. LOL I tried to get my ears to wiggle like that but I evidently don't have that talent. LOL
I transferred these comments from my own blog.
Today’s hearing was not disappointing. I noticed Judge Perry’s patience being tested. The defense attorneys seemed so ill prepared. I almost felt sorry for Baez today, the frustration showed on his face and he did not give that little smirk. It was nice to see Linda Drane Burdick emote. It wasn’t that very slow monotoned, precise voice. She seemed more feisty and louder, a very nice change.
Judge Perry released Linda Kenny Baden from the case and Asthon voiced, “objection”. It made for a little chuckle and broke some of the tension.
Poor Ann Finnell, her neat little budget did not get her the bucks she was looking for. My predictions on the outcome of her motion were almost right on. Now Ann says that she will pay her own travelling expenses. I think Baez gave a sigh of relief. I still wonder where Baez stashed some of that $275,000 ante. I think Judge Perry was a bit astonished that Finnell wanted to find out what Casey’s upbringing may have been like from ages 1 thru 3. Did she have to stay in a wet nappy all day? I agree with the judge, that it seemed a bit ridiculous.
We have no idea what Casey may have told Finnell during their tete a tete back in July. I doubt if either Lee or George is going to fess up to sexually abusing her. It is just Casey’s word against theirs and we, the public, can surmise all we want because we will never know.
I would love to tell you what Cheney Mason added today but I cannot understand him. He mumbles and I am tone deaf. Maybe I can pick up on some things he said when I watch it again, hopefully tomorrow.
ANY IDEA WHEN WE WILL GET THE NEXT DOCUMENT DUMP??? THANKYOU SO MUCH
Thanks for the summary Snoopy! I definitely want to watch for myself after your comments about LDB. I would like to see her in action.
Hi Dave,
Great post, once again. Seen you on Court TV. Will write more about that day in court later. FYI , was reading Hal's blog and your name came up. Was that you or a dupe? Don't get what that was about. Maybe you can clear that??? Also, everytime I open up your site I get the "Caution" flag - does that mean my computer is getting hacked? Thanks for any advice.
Thank you for your post(s) Dave. It's as close to being there as a person can get.
I appreciated your comments about Ann Finnell. She gave me the impression that she was very professional & I'll bet Judge Perry appreciates dealing with someone who comes prepared for class.
Hi, Peggy from PA. Thanks. You do know that there's been another hearing since this one, and I did have a chance to speak to her one on one, not that I was too forward or anything. Yes, she's a very nice lady.