A lot of lawyering, a lot of frustration
Saturday, October 30, 2010 at 11:29PM 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.
Dave Knechel | tagged Bent v. Sun Sentinel, Red Huber | in Ann Finnell, Casey Anthony, Caylee Anthony, Cheney Mason, Chief Judge Belvin Perry, Cindy Anthony, Dave Knechel, David B. Knechel, David Knechel, Death Penalty, Human Interest, Jeanene Barrett, Jeff Ashton, Jose Baez, Judge Stan Strickland, Judicial Administrative Commission, Linda Drane Burdick, Linda Kenney Baden, Marinade Dave, Marinade Dave Knechel, Marinade Dave’s Caylee Anthony Posts, Mark Lippman, Orange County Corrections Department, Orlando Sentinel, Suburban Drive, marinadedave | Share Article 
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Reader Comments (90)
Hi Dave
Another outstanding post!!! You manage to give us all the feeling of actually being in the court room. I enjoy your balanced approach to all of the people involved on both sides. I am glad that Ann Finnell is a class act and a good person. Although what Casey may have done was unpardonable, she is a human being who is starting to pay for her lack of good judgment. I am impressed that you manage -- what many have not -- to be able to convey her courtroom demeanor with fairness and sympathy. I look forward to reading your BLOG and the comments whenever I can.
Dave~~a great post! I read the letter sent to the court and ended up as a doc file. An unsigned letter is not worth the paper it is written on. To the reader, it was very obvious the letter was written by a coward with an agenda. It is with Joy Wray's letter to the judge, in file 13. The judge does not have time to puruse superfluous fluff and it never reaches his desk. I do not have any sympathy for the writer of that letter and her co-horts who spent alot of money on party favors and celebrated the night before the hearing. One of their officials also wasted alot of congratulatory balloons he sent to them via email.
I have yet to find time to listen to the hearing a second time. I found the microphone system and audio needs some upgrading. I could hear Judge Perry fine, along with Ashton and LDB, but when the defense spoke, it was a different matter.
I would like to know what Cheney Mason's role is, now that Ann Finnell is aboard, and it looks like she is there for the long haul. I believe this is why Judge Perry asked Cheney if he would be around for the penalty phase. I thought that I heard Cheney say that they would not need a penalty phase but I could be mistaken. Cheney followed up his cute aside with, "yes", he would be around.
I noticed, in one instance, Mason looked very frustrated when Baez was bumbling along trying to explain things to the judge.
Neither Mason or Baez came to the courtroom prepared and it was obvious Judge Perry's patience was being tried.
I felt bad for Ann Finnell as she made her first appearance. Things became a bit chaotic when she made her argument to the judge for funding to be cut off my Baez and his requests for more hours for a PI. Dave, I am glad that you sorted out who wanted what and how much. I certainly couldn't.
Casey has really taken on the prison pallor since she does not get any sunshine in OC jail. She looked very distraught and obviously annoyed as she wrote her notes. Did you notice if she acknowledged her parents?
Now that Linda Kenny Baden is gone, who is qualified to replace her?
Thanks Dave, once again, for your excellent reporting on this case. Numero Uno 'tis you.
Snoopy
Hi there, Dave. I have nothing to add more than I mentioned yesterday, but Casey looked like hell (as you pointed out, she is most likely feeling the reality of Time's Skipping Along as it is wont to do) and the Defense so often shows up unprepared- that rubs me the same way as one who is perpetually late- that it can be interpreted as disrespect. It is very frustrating even for someone like me! I don't care for Cheney Mason's smugness with respect to all these proceedings and his general superciliousness. I couldn't tell if Casey aknowledged her parents. She seemed in a foul humor and I also noted that she displayed some annoyance at Baez. May will be here in a blink. I suspect this case is really beginning to get cookin' now; just think, it's been three years almost as it is!! Thanks for your terrific post and dedication. What an interesting chat you must have had with the journalist about detractors. What a hideous bunch they are. I hope you enjoy a nice weekend.
Hey Dave..
<usual comments on lawyers and idiots, thanks for your hard work, etc>
On video at least, Ms. Anthony resembles a fish..grouper perhaps. Must be the stiff upper lip she has been keeping.
I was not surprised that Baez failed to listen to Judge perry's response to is request. All too often rudeness and arrogance are the order of the day.
Regarding monies spent on the taxpayers' expense..after watching the Billings trial (Mr Gonzalea was given the DP) in which there was no discernable defense, and no extensive research seemed to have been done for the penalty phase.. Is this the norm? How much was spent on his defense? I know one thing..after her conviction, the only possible complaint Casey will have is a poor defense. And she hired them, after all.
I might have posted this question somewhere else but I don't remember seeing a response...
Does anyone else think maybe Casey wants her prison communications sealed because she may want to have a chance to confess to Cindy before seeking a plea deal. I have to wonder why Baez keeps fighting for it and I can't think of a reason for him to. I thought she looked like reality is sinking in and she's getting tired of the fight. I also thought Baez and Mason looked like they had some friction between them. JMO
Great article, as usual! This fills in what TV failed to show due to the commercials and breaks for the Gonzalez sentencing - and then going to regular scheduled programs. I sure hate it when those interruptions happen. Thanks to you we can be brought up to date on all we missed. I did glimpse Cindy and George. My, what a price they are paying for this. They look so haggard now. Yes, I do think Casey is responsible -- but I have doubts that she actually planned for Caylee to die. I think it could have been a tragic mistake (overdose). BUT that being said -- she did commit the murder and should be held accountable.
Looking forward to your next article - regardless of the topic.
I did not get to watch all of the hearing so I appreciate you keeping me informed. I could read anywhere but I choose here because you make it personal.
As far as the letter is concerned, LMAO! Who in their right mind would send that? Bloggers are allowed to talk to anyone they choose. There is no gag order, thanks to Cindy and Jose. I am curious if the person sent the letter thought they were different than Joy Wray? I mean she has sent letters and they accuse her of inserting herself into the case. I needed a good laugh.
I am glad JP is pacing himself as far as just handing out tax payer money. You would think by now Jose would know to show up in court with a log of where it is, where it went and to whom for what.
I believe the SA have become more confident and I believe the Defense is starting to get that this is not a slam dunk. Casey's innocence is going to be very hard to prove. I wonder if they ever defended a innocent person?
Thanks again for the personal touch and I truly am sorry about all the nuts. Although it may BE hard try laughing at them.
Hi, Amber - Thank you. I do try to be fair to everyone involved. Casey needs to be represented and it's not fair to just diss whoever comes along. If they do it to themselves, that's another thing, but I sensed no idiocy in Ann Finnell. This is a tough case and Casey's going to need someone like her.
I'm glad you like reading both the posts and the comments. They seem to complement each other and that's a good thing.
Hi, Snoopy - Thank you! You're right, an unsigned letter isn't even good enough for the bottom of a bird cage, but had it been signed, it still wouldn't have gone anywhere. Now, what's interesting is if the defense can use that letter to their advantage. That would mean that the person(s) who wrote it would be inserting themselves into this case. Precisely what they accused me of doing. Idiots. No, the judge would never see it. It seems that the balloon fairy has a problem with being premature in several areas of his life. Now, that's funny!
I think Cheney Mason is an integral part of the defense and his talents will surface during the trial, where he's been known to excel. Baez needs his expertise and years of experience. Finnell is just there for the penalty phase, so I don't expect an awful lot of input strategizing the actual defense.
You know, I forgot to say whether Casey acknowledged her parents or not. As the crowd stood, I tried to watch her, but some people got in my way. From what I was able to see, she did not look at her parents. Good question, by the way.
Hi, Beth - You're right, Casey didn't look good. She looked forlorned and almost desperate. As for Mason, yes, he is somewhat smug, but I think part of it is because he's not getting his way. All those years of experience haven't produced many positive results yet, and that's got to be frustrating.
Those detractors are a hideous bunch, alright, and if anything, they are bringing me more readers and nothing else. The world didn't stop and thank them. Instead, they patted each other on their backs, Whoop whoop.
Thank you. I'm glad you enjoyed the post. The chat with the reporter was a very good one, and quite enlightening.
You have a great weekend, too.
Hi, dadgum - Thanks. Casey has definitely thinned and she looked fraught with fear, as if things are not going to her liking. I sometimes wonder if her strategy is to fire her attorneys just before the trial, in which case, Judge Perry will say, sorry, you can't do that. She made her bed and she must "lie" in it. Yup, she hired them, but the trial is still about 7 months away, so there's plenty f time to get their act together. The judge will make sure they do.
Hi, Andrea - Sealing the actual audio only restricts public access. The conversations will still be recorded by the jail and anything she say would be used against her in court. She's never going to confess to anyone, though.
I think there may have been some differences of opinion between the defense attorneys and that may have been noticed by Judge Perry and, partially, the reason why he asked Mason if he was going to stick around for the penalty pase if convicted. Yes, Casey did look scared, but it may have been because it got very real, real fast in that courtroom.
Thanks, Kitty. I've often thought about a confession during the trial - confessing to it being a terrible accident and nothing more. If that's the case, could she be found guilty of premeditated first-degree murder and sentenced to death? I doubt it, and it may be her only way out. Just a thought, though. Anything and everything is possible in this case.
Thanks, Tony. I aim to please!
While those [eople do everything in their power to destroy me, the only thing they have accomplished so far is to make complete fools of themselves. They are bringing me new readers! Of course I can talk to anyone I choose and they have no power over anyone but themselves. In reality, they are the laughing stock, but tha's only to people who know who they are. That's not many. Believe me, they don't phase me anymore.
I agree with your assessment. This is no party, and the defense has its work cut out for them. I don't envy them one bit.
We've all been going over the denial by JP relating to the motions brought forward by Jose Baez. What I have not heard is a definitive answer to the question, why? Why is the defence team SO determined to TRY and get those record sealed, or prevent anyone from seeing them. WHY? WHat could be so important? It would seem to me that 6this far along in the proceedings we should have had a glint of their evidence by now, something that points to why they think KC is innocent. We have seen or heard nothing, as they are concentrating on the aforementioned topic. I would like to know why?
Hi, Beast - I don't think there are any hidden messages in those jail logs and letters. Instead, I really do think it's all about privacy and how this publicity could impact the jury. On one hand, I understand Baez's rationale, but on the other hand, the law is the law. By leaving the door open, Judge Perry allows the defnes to attack the issue from different angles. So far, I haven't heard him rule and attach "with prejudice" to it.
As for giving any type of hint regarding their strategy, no, the defense will not show its cards until trial. These hearings are just to manipulate what will and what won't be allowed at trial.
I am also curious about the sealing of the letters. That's got me bugged.
Great article again Dave.
GM Dave, as usual a wonderful post..Thank you.. That was a long hearing and I did worry about your diabetes..I also took your advice and watched it on the conputer. NO commercials. However, I did have a problem hearing the attorneys when they stood up. But I also had a better view of other things..One..Mason seemed to get so embarassed at Baez bumbling and not anwsering questions that JP asked him that he actually turn his back on him for several seconds and was still laughing when he turned back around..And no..I did not see Casey look at or acknowledge her parents at all..If she did if was very brief. JP took control of his court room the most I've seen him do..He gave them a little but not a lot..He did seem to get a bit perturbed at time but did a great job of carrying on..I love it when he told them "If you can't do it then I will."
The most interesting hearing I've seen so far, and on the computer is the way to go.
Hi, shyloh - My guess would be that the defense wants personal letters between Casey and her family to be private. I can understand why, but the law doesn't allow that as it's written, and it's written by the legislative branch, not the judicial. I can well imagine the frustration that the family feels. Every single word is made public and scrutinized. I do not feel it has anything to do with Casey making literary mistakes. In other word, she's not going to confess to her mother.
Thank you, shyloh!
Hi, GLENDA - I bring cookies and graham crackers with me when I know a hearing is going to last a couple of hours. I can do that as a diabetic. This time, I could feel my sugar drop, and as soon as I walked out of the courtroom, I devoured the cookies. My sugar had dropped, but that brought it back up. Thanks for your concern. As a former Boy Scout, I come prepared.
I'm glad to know you got to watch the hearing on your computer. That's the best way to go, not that I'm trying to take anything away from TruTV, but Canadian television dropped the network and the commercial breaks can be frustrating.
I don't know what, if anything, transpired before the hearing began, but I sensed no friction between the defense attorneys when they walked into the courtroom. Who knows? Was Mason laughing at Baez or the judge? I'm sure the defense feels that Perry is pro-prosecution, but I think he's basing his decisions on law, not prejudice.
Thank you for reading and enjoying the post.
Dave, I enjoyed reading this. Haven't "stopped by" in a while. It's amazing how far you have come with this case, all because I made you sit and watch Nancy Grace with us, that night you were visiting Stew and I, back when I was calling that show, "the Tot Mom show" because that's all Nancy was covering.
I don't watch Nancy very much any more, and sorta lost interest, when she stopped covering much of this and my own life's dramas took precedence, but I know I was sorta mesmerized by the entire case, often swallowed up by the coverage.
Reading this, and enjoying your writing style and comments, and missing seeing you from time to time, reminded me that I should make reading your blog a part of my daily routine, like brushing my teeth, taking a shower, reading Dave's blog. I'll try to be a more dedicated reader and friend.
Best regards, hugs and kisses, Love, An
Thanks for the report Dave...Watching on my P C Casey is very scared now an she should be.Also she seems to have cooled towards Baez an warmed up to C Mason..She was laughing at his idiocy as J Perry explained to Baez what a copy was.
Hello Dave, I wrote a post a few moments ago, however I was not signed in.Guess it got lost in cyber-space. Just wanted to say I saw you doing your job during the hearing. You are correct, TRUTV, can be so distracting. There are so many breaks, and commericals that half of the proceedings are never seen. Dave I tihink you are too kind to the defense. They appear to be very rude and dishonest, just like their client. I understand your desire to be fair, and to balance your comments. As for myself, I have no sympanthy for the defense, or their client. Thank you, for the work that you continue to do.
Hi, An - Thank you for reading and enjoying my post. Yes, it all started because I thought you were saying Top Mom and I had no idea who you were talking about. Up to that point, I had never really watched Nancy Grace, but when I watched and saw it was about the Tot Mom, of course I knew about it, living in the area. That opened the doors because I never would have stopped at Jay Blanchard Park had I not known that you were into the story. The rest is history, and I've now been covering this story for almost 2 years. Wow, time flies and life changes.
Definitely feel free to come here and read. That includes commenting, and anything else you want to talk about. Always remember that you are my friend, too, and that will never change.
All the best to you, too!
Love,
Dave
Hi, ecossie possie - It sure looks like the scare factor is catching up with her. She shouldn't have to go to the next hearing unless new motions are filed and the judge decides to hear them. I'm rather curious about her demeanor now, especially after seeing her blank stare in Friday's courtroom. We'll see. Thanks, ecossie.
Hi, Rob - I do try to be as objective as I can, and not abjective, although my opinions do sneak in occasionally. Fortunately, I don't hold a grudge, and I got over what the defense did. Mostly, it's because they made a huge mistake by asking for Judge Strickland's recusal. So far, nothing whatsoever has pointed toward the plus side. I can sense the frustration in the courtroom, too, as the defense tries and tries and tries and hardly moves the judge. Actually, I think the judge is very generous in some areas. Most defendants aren't afforded the same level of counsel as Casey, and in that respect, life isn't always fair. I have also gotten to understand the players a little more now, after all this time, and I've had conversations with some of them. If I seem too fair, it's because I try to be that way. I like to write the way I see it, too, and sometimes it hurts one side more than the other, but to be honest, I have yet to see big mistakes made by the prosecution. And for dishonesty, that's nothing new when it comes to lawyers. It's their job to get away with... well, murder, but not in the actual sense. Thank you for thanking me. I sure do hope I can continue to write about this until it's all over, wherever it goes.
Oh, yes - Your first comment never showed up, so it must have gone into Interspace.
Dave; This is a test. Testing one, two, three.
By the way, do you ever rest? That was a very long but beautifully captured courtroom drama you just gave to us. I was wondering if any of the Defence lawyers follow your blog. Do you think so? After, the hammering of Judge #1, might they be looking to axe #2. With all their antics, I have my doubts about a May trial. I sure hope we aren't all in our rocking chairs, hard of hearing. Could they get on with it!!!!!!
Hey I see it. Thanks Dave.
HAPPY HALLOWEEN!
Thanks for the great write-up of the hearing, Dave. Let me take a bit of comment space to thank An for nudging you to watch NG that night! Like An, I was consumed by this case, wanting to read every written nugget on the internet about this case as well as watching every show on it. That became overwhelming and, luckily, I found your site, Dave. Once you started covering the hearings and doing videos of the various sites in the Orlando area, I realized I didn't need to be going to alot of the different blogs reporting on the case since you are fairly thorough.
I believe Casey was given the news prior to the hearing that LKB was leaving the team and that could be what accounted for her sad countenance and looking as if she had been crying. I think she does realize somewhat what that means for her case.
On the letter sent to the judge-ROTFLMBO! Those blidiots are entertaining, I'll give them that! If the booze was flowing at their celebration then it wasn't a total loss for them.
See, Weezie? Your login works just fine!
I didn't get much rest last night, that's for sure, because I woke up all through the night. Today, I'm pretty tired and I'll probably nap later on. Do I think the defense lawyers follow my blog? Absolutely. The proof is in the motion filed against Judge Strickland. I am of the belief that they still do, as well as others.
Trust me, a May trial will happen. The judge will make sure of it.
A mighty fine thank you to you, Sherry. Yes, had it not been for An, I'd still be writing mundane human interest stories and I wouldn't have rats following me everywhere I go, balloons and all. I really appreciate that you give me so much credit, too, but alas, I am just a simple writer who can see things that don't always show up on TV.
You may be right about the bad news of LKB. She was a very integral part of this defense. Even Ashton admitted as much in his comedic statement in court.
That letter. Stupid as stupid gits, and the proof that they are all chain smoking drunks is in the way they blame us for being the way they really are. What sad little lives they lead. So unimportant. Oh well.
Once again you came through Dave. I tried listening to the hearing on the links Snoopy provided, but the sound quality is so poor, it was had to keep track of exactly what was transpiring. Thank you very much for the overview of the hearing and for providing a bit of personal observations regarding the the atmosphere. I wonder if the dimwit who laughed out of turn even realized the level of disrespect he/she demonstrated. As for that letter to the court...anyone with half a brain would understand its lack of merit and would know that the only purpose it served was to show how uneducated some people really are when it comes to our system of justice. I couldn't help but laugh when it "made the rounds" on several blogs. I would be completely embarassed if I was ignorant enough to think it would result in anything more than taking its rightful place in the "nut job" file at the courthouse. Too funny!
Hi Dave :)
Wonderful report thankyou! Do you have any idea when we will recieve next document dump? I thought it would have happened by no. Thankyou Happy Holloween !!!
I tried, Sempre Invictus, and I always strive to write from my heart and mind. Thank you.
Whoever laughed out of school made no points in that classroom. I have no idea who it was, but Baez was ticked. No one found it to be a proper reaction and the person quickly shut up.
That letter? It was useless and if it made the rounds on some of the blogs, too bad. I don't write my posts to appease any other blog, and in the scheme of things, none of those blogs will have an impact on me or my right to observe in the courtroom. Yup, it's in the nut job file, alright, and that's where it belongs.
Dave, thanks so much for another outstanding post! I love your writing because it feels like we are right there in the court room. There is so much that we do not get to see on TV that happens in the court room. It was also hard to hear some of what was said by the attorneys this time. I hope come trial time that, that is better. I am not surprised by how JP ruled on the motions. I can't believe how unprepared the defense is when they come into court. They knew what this hearing was going to be about, so there should not be a reason why they are unprepared. I really love how JP is keeping them on track and is letting them know that if they don't keep on track, that he will start to do things on his time and they won't like it. It was also nice to see how passionate and animated Linda Drane Burdick can be. She isn't going to let this defense get away with anything.I thought Jose Baez took the scolding from JP pretty well and I hope he learns from it. I was a little frustrated with Ann Finnell because she would not let JP finish what he had to say before she started talking again. Cheney Mason was difficult to understand as always. I hope he speaks better once this trial starts. I, too, thought Casey looked thinner. I noticed that the monitor that was sitting on the defense table was on. That is the first time that I have seen that. Thanks again for an outstanding post and for all the hard work you do for us and for being our eyes and ears in the court room. It is appreciated!
Thank you, SPYgIrL - Nope, I have no idea when the next dump comes, if there's anything more to report of utmost importance. The brunt of the stuff is already out there, I think.
Happy Thanksgiving to you, too.
Well, Mary Jo, you know it's my pleasure. I love the fact that you love my writing, too. This is a real love fest, and it's a whole lot better than the one that was going on in the courtroom the other day. To be truthful, nothing surprised me, either, about what transpired. I didn't expect a different ruling on the Motion for Reconsideration and I didn't expect Ann Finnell to walk out with nothing to show for the day.
Yes, LDB was a lot more animated and that was sort of surprising. Also surprising was how frail Casey looked. Gone were the smirks and grins. She was not a happy girl.
Hopefully, I'll come up with something new to write about this week. Something usually pops up.
Dave~~I'm sure that you have noticed the changes since Cheney Mason came aboard the defense team. First to go was Judge Strickland. It was rather evident who dictated that motion for the judge to recuse himself. Judge Strickland had denied several defense motions just prior to that motion being filed.. Cheney Mason's question to Strickland, "you trust me don't you?" was uncalled for and very unprofessional on Mason's part. It was very evident that the remark caught Judge Strickland off guard and was embarrassing to say the least. I am more inclined to think Strickland was wondering if he should stay on the case after their exchange.
Andrea Lyon made her exit. Her passion in this case definitely indicated that she would see it to the end. Enter Cheney, exit Lyon.
Mason and Baez travelled to New York to visit Linda Kenny Baden and depose Tony Lazarro, kill two birds with one stone. Did Cheney end up killing one of those birds. Shortly after that meeting with Kenny Baden, she makes an exit.
A successful defense team will play their positions, just like in a game of volleyball. I am wondering if Mason is trying to play all positions as well as coach the game. I see it causing friction and honestly wonder why Lyon and Kenny Baden REALLY pulled out.
I did see Cheney Mason look towards Baez, when Baez was speaking. Cheney turned his head to the right and then towards the judge and laughed. I honestly think he was showing disdain towards Baez.
I also noticed that Jeff Ashton gave quite a guffaw. Was this the laugh that was audible in the courtroom?
Paragraph begining with "In several instances......." Amen and thank you for having the maturity to say that! Some sites, not so much!
Yes, Snoopy, I noticed changes soon after Mason came on board, and after a series of motions were lost, he attacked Judge Strickland, hoping to get a more liberal judge, one that would not only remove the DP, but one who would overturn many of Strickland's rulings. Of course, that didn't work out and in the end, what Strickland ruled was based on case law and Florida Statutes. So, the judge went by the wayside and then Lyon. Now, Baden. I don't know what to make of it, but did they leave because of differences with Mason? Could very well be. They seemed to be comfortable under Baez's control, and very willing to chip in.
The laugh from Ashton is not the one I wrote about. That one definitely came from the galllery.
Thank you, apeach123. I always try to say it like I see it.
Happy Halloween Dave. Thanks so much for your in-person reports. They are very much appreciated by me. It seems the defense is horrendously unprofessionally unprepared. My question is: although on the surface it looks like stupidity do you think they are looking unprepared on purpose so they can privately deliver the information so only the judge will be aware? That way there's a moment of "doh" from the defense team vs days or months of discussion if the true information became available to the media (and the smug feeling that they are getting some privacy even though their motions for same never seem to pass muster).
Hi, Magdalena - How nice to see you.
To be perfectly frank, I don't think any of the mistakes are made on purpose. I don't think they need to bungle in order to hide things from the state. All they need to do is file some ex parte documents and the judge will say yes or no. In legal issues, there is a protocol that must be followed and with this team, that's not always the way they operate. Personally, I believe the defense is in need of some organization. That's something Ann Finnell could probably help with, but she's focusing on the penalty phase. I don't mean to sound sexist by any means, but if there were ever a need to have a woman's touch, now would be the time.
Thank you for your comment and please feel welcome here. Happy Halloween to you, too.
Thanks for the update again Dave! You tend to see things sometimes that I don't and that's always a good thing.
Casey's appearance struck me also. I read one post somewhere on some site (I forget) where the poster mentioned her lawyers telling her to look as plain as possible to limit the number of pictures that will show up on the news and computer web sites. The long flowing hair and makeup were mentioned as being a thing they didn't want to see. I think she looked so scared because Ann Finnel was there and they would be talking about the penalty phase when it wasn't a "done deal" in her mind. I'm wondering if her lawyers didn't put a lot of false hope in her mind about the TES documents that just hasn't showed up.
I loved hearing the "blank check" statement and the"fishing" statement. In fact I liked Judge Perry's
statements overall. This will be one trial where the lawyers will not run over the judge. It appears the defense is trying not to appear to be doubling up on expenses on things that have already been done. The price you pay for people starting something and not finishing it is trying to figure out what they did to begin with. That I think is why they looked like they weren't prepared. I was left thinking Perry was wondering about Mason because Finnell appears to be doing the job that he has the ablility to do. The thought that kept going through my mind during all the monetary part of the hearing was Baez saying to Cathy Belich when Casey was declared indigent "What taxpayers? Why are you always talking about the taxpayers?" I hope he's figuring out the answer to that by now.
It's certainly my pleasure to bring you the update, Connie. I try to see things that the camera can't see. I have always studied people and I retain things. For an old guy, my memory is still strong, but not always. I forgot about Ann Finnell's cousin, but I remembered to say something to her about it. Go figure.
I am sure Casey will be a timid church-going librarian by the time the trial starts, and why not? They all do it, unless she becomes defiant, like Aileen Wuornos, but that's not going to happen. I don't know why she looked so frightened on Friday, but you may be right. Talking about the penalty phase is like placing the lid on a jar without sealing it. The lid is still in place.
No, you're right, no one is going to pull the wool over this judge's eyes, any more than they would have with Judge Strickland.
Sometimes I wonder what this defense thinks.
Thanks, Connie. Time for 60 Minutes.
Hey, Dave! Wonderful & detailed post- the televised version really was lacking in context in many ways. This post does an admirable job providing that. Glad too that you all now have monitors to view the participants on- wow. So you must've noticed that ear waggle Casey can do- the upper portions of her ears are rather large and extend a bit- with her hair pulled back so severely, every time she clenched her jaw they waggled. OK, who's putting her together before she comes out, anyway? Schoolmarm is something no one will ever believe. She looked scared as heck, and really reacted over Jose's bumbling. It all just seemed to me that everyone was unprepared over on that side of the room.
Good evening Dave, This I do believe is one of your finest posts. Even though I did watch it on In Session and online, I missed some things and I am glad that you did not. This may have been the Defenses, or at the very lest Biaz's, worst day. I even noticed Casey grimacing when Biaz was talking. If Casey can see what we all have seen in the past, then she may think that she is in a bit more trouble than she thought, especially when they were talking about the penalty phase. I honestly keep thinking she is going to crack and want to confess; but she probably won't.
Great post Dave, thank you for being in the court room and reporting back to us. As far as the stupid idiot that wrote the letter about you and was sent to the court, you just can not fix stupid, so there is nothing else to say.
Peggy, from the way Casey sounded in those letters she wrote to an inmate I have a feeling Baez and her own ego have led her to believe she'll get off scott free because they think the prosecution has no case. Having Ann Finnell added to the list of lawyers and hearing what she'll need money for when it comes to the penalty phase has shocked her if she wasn't shocked already. It's one thing to be told she's being added to the case and another thing to have to sit in the courtroom while people discuss what they're going to need money for in the penalty phase. I think today it finally hit home on Casey just what she's gotten herself into. Before this I felt she was sure she'd be getting off, now I think she's doubting it. Some say it looks like she didn't want to be there and I'd be willing to bet they're right.
Hey Connie, except for the day that the State was actually telling everyone what the killer did to Caylee, I have not seen a lot of emotion from Casey. She stared daggers at her mother when Cindy was on the stand, but I was not at all surprised at that. But I sure was surprised at her yesterday. Maybe she is re-thinking what this all means. I will never understand her thinking in the first place, and I doubt that too many people do. She seems to have a skewed way of what is actually going on, or did. I do not think Cindy is helping her daughter either but that is just my opinion.