Hark the Judge Reserves a Ruling
Tuesday, December 21, 2010 at 4:58PM Yesterday, a hearing was held in courtroom 19D, four flights down from the main attraction on the 23rd floor. That courtroom is undergoing renovations at the moment. 19D is familiar because that’s where Judge Strickland held many of the hearings while bench pressing Casey Anthony and her many motions, too many to repeat here. What’s interesting to note is that he did the bulk of the work, meaning that he heard and ruled on the majority of motions filed in this case so far, # 2008-CF-015606-A-O.
I generally leave about an hour-and-a-half before the hearings are slated to start. That affords me plenty of time to arrive and relax or mingle with others for awhile, where we can discuss what we expect to hear in the courtroom. I’m certainly glad I left early yesterday because I usually drive down 17-92, Orlando Avenue, and hang a right onto Orange in Winter Park that takes me right in front of the courthouse. As bad as the economy is right now, you never would have known it by the heavy amount of traffic I had to deal with. Either people are wasting $3.00 gallons of gas driving around, or they are doing some serious Christmas shopping, which tells me it’s not as bad out there as we are led to believe. My less than half-hour trek took forty-five minutes, but I did arrive early enough to talk to a couple of deputies and to go to the 23rd floor to take a look around and sneak a picture in. Please don’t tell the court I did that.
Click to HERE enlarge
I ran into Attorney Ann Finnell before going down the elevator, and let me tell you, she is one fine lady. We had a nice chat about traffic and her drive from Jacksonville, which was very similar to my story. Lots of cars everywhere. That leads me to a wonderful person who traveled from the frigid north to spend Christmas on the west coast of Florida. I’m reminded of the old saying that caught me off guard when I first moved here in ‘81 - SOLD COAST-TO-COAST, only it really meant from Cocoa Beach to Tampa, or something like that. Growing up in New Jersey, coast-to-coast meant NY to LA. I was very pleasantly surprised when she walked up to me. I’d tell you who she was, but there are nasty, nasty trolls out there. Needless to say, it was a wonderful experience and I’m extremely happy to have met her.
On the 19th floor, a gentleman called me over to introduce himself. I’d like to share his name, too, but he doesn’t need the riff raff, either. Although he doesn’t always agree with me, he said I’m an excellent writer and to keep it up. He said that he’s more of a Hinky-Blinky guy and I said that’s great. Everyone is entitled to an opinion and who they like to read. The mere fact that he enjoys my writing is plenty enough for me. He then called his wife over and introduced me. It was a nice encounter.
We entered the courtroom and Chief Judge Belvin Perry made an entrance right around 1:30. Before the hearing started, my friend, who drove to the courthouse from the west coast, mentioned that the judge was late at the last hearing. I told her it was because Casey was late. A judge never starts without the defendant. After Judge Perry took his seat on the bench, he asked to hear the first motion dealing with sealing the penalty phase witnesses. As Ann Finnell walked up to the podium, I took a quick head count. Absent from the courtroom were Cheney Mason, Linda Drane Burdick, and Frank George. She opened by asking the court to temporarily stay access to the list of penalty phase witnesses. “Judge? We are simply asking, in this case, that penalty phase discovery… that the public be temporarily denied access until the issue of the penalty phase becomes a right, which would be after a jury has determined Miss Anthony’s guilt… or not guilty of first-degree murder.”
She said that there’s no constitutional right to pretrial publicity, especially if it would deny the defendant’s right to an impartial jury. She noted that the court had already agreed to a jury coming from a different county due to the immense publicity. To back up her motion, she emphasized that only the witnesses expected at trial were mentioned in public, and to “out” potential penalty phase witnesses would prejudice the jury. It is the trial judge’s duty to minimize publicity. The bottom line is, she asked the court to deny penalty phase discovery until after the jury decides whether Casey is guilty or not. Plain and simple.
I understand the request because it could be legally argued that it’s like putting the cart before the horse. In the 1966 case that overturned Dr. Samuel H. Sheppard’s 1954 murder conviction, the U.S. Supreme Court noted that his trial generated so much publicity, it was a veritable media circus. Set in Cleveland, the jurors were exposed to intense coverage until they began deliberations. Found guilty, he spent ten years in prison before the court ruled that the publicity deprived him of his right to a fair trial. Sheppard v. Maxwell, 384 U.S. 333, 86 S. Ct. 1507, 16 L. Ed. 2d 600 (1966). He was acquitted at his second trial.
Ms. Finnell brought up a 1988 ruling. Finally, a case study! In that case, Florida Freedom Newspapers, Inc. v. McCrary, was ruled in favor of the defense by the Florida Supreme Court. The separation of powers within the legislature and the judiciary’s responsibility of providing a fair trial allow the court to, on occasion, step around the laws of the legislature in order to ensure a defendant’s constitutional rights and freedoms. Florida Statute 119.07(4) grants the court the right to close a part of a court file. She told the judge that this case was a fly speck compared to the national exposure the Anthony case has garnered.
Nine minutes into the hearing, she was finished and the judge asked if there was a response from the state. Assistant State Attorney Jeff Ashton said no, so Rachel Fugate arose and walked to the podium. Ms. Fugate, who represents the Orlando Sentinel and, by default, all of media, acknowledged that there could be prejudice, but the defense must demonstrate it to the court first. She cited the McCrary case as the standard which gives the court the right to temporarily seal the penalty phase witnesses, but she emphasized that a prejudice must be shown to the court.
While explaining her side, defense attorney Jose Baez stood and apologized to counsel (Fugate) for breaking in. “I would ask that the court instruct the photographer in the room to not photograph my client as she’s passing notes…”
The judge was right there and on the spot. “Mr. Baez, one counsel has the floor… She needs to object and not you…”
Ann Finnell then stood and objected.
“Well,” the judge added, “unfortunately, the objection will be noted and overruled.” Rachel Fugate continued. She felt that the release of the names of the penalty phase witnesses would not jeopardize Casey’s fair trial rights or taint jurors coming in from another county. It would not frighten potential witnesses from testifying because of all the public exposure.
Ann was allowed to counter, and she said when the media chases after counsel, down the sidewalk, for 3 minutes worth of sound bites, imagine what they will do to potential witnesses. She said the press doesn’t have the same interests as the SAO. She made a valid point.
Ultimately, the judge decided that he was going to take his time before making a decision. “The court will reserve a ruling on the motion.”
At the tail end of the hearing, Jose, Ann and Jeff approached the bench for a sidebar at the judge’s request. A gentleman sitting behind me tried to take a picture with his cell phone. That’s a no no and a deputy told him so. As the attorneys went back to their seats, the judge said he was changing the next status hearing from January 10th to the 14th since he has an out-of-town Innocence Commission meeting. He asked Jose if he had abandoned addressing the situation with Roy Kronk and the admission of prior bad acts. Jose said he had until December 31 and the judge reminded him that he will not be near the courthouse next week. It could be heard on the 23rd. He also said he will be presiding over a murder trial the week of the third, so any issues would have to be worked out after 5:00 PM.
Jeff Ashton brought up issues over depositions of defense experts in January, particularly Dr. Henry Lee.
“Maybe Dr. Lee is not planning on testifying. There was some suggestion in his email that he might not, depending on the resolution of this issue,” Ashton said.
Apparently, costs of travel are what’s holding up Dr. Lee. The prosecutor said that he might not be testifying depending on the resolution of this issue. The defense attorney said that he would settle it by the end of the day.
“Mr. Baez, if you get me that, and whatever you need to do to get that cleared up, let’s get it to me. OK, we’ll be in recess.”
I left the courthouse with my newfound friend; new only because we had never met. We said our good byes and as I walked away, I ran into the gentleman with the cell phone. I told him that other than the video cameras, only Red Huber from the Sentinel has exclusive rights to still photography in the courtroom. Me? I can take pictures and I took some as I walked out. Plus the one inside.
§
Before the hearing began, I was discussing how the judge might rule with Mike DeForest from WKMG. He felt the judge would probably compromise and I agreed with his assessment. To me, one of the underlying factors in the case, and it reaches its claws all over the United States and in other parts of the world, is the insurmountable prejudice that does already exist. For example, I talked to Jim Lichtenstein after the hearing. On the elevator up to the 19th floor, someone (who shall remain nameless) asked him if he intended to continue making money off a dead child. This is what we face out there in the real world. Jim is a consummate gentleman and I know for a fact that he befriended George and Cindy from Day 1. He’s been there ever since. Regardless of what anyone thinks of George and Cindy, should outsiders make decisions for him over who he can associate with or not? His interest is not about money, but there’s no denying the media must be able to cover this case or you, the public, would have no access to any information whatsoever. You can’t have it both ways. He works in the media industry. The media people pay for information from the court, including TV rights in the courtroom. They, in turn, make tons of money off advertising revenues. ALL OF THE MEDIA, I might add, including the ones who ask the tough questions. That’s the nature of the business - ALL BUSINESSES. So what if one reporter is more aggressive than another? The bottom line is ratings because that’s what pays the bills.
He also mentioned something about where he sits. The person who accosted him in the elevator addressed the issue over where he sits in the courtroom. I went through the same thing. You sit where you want and it has no bearing whatsoever over which side we agree with. I told him I sit on the side of the cameras because it ticks off the password stealing trolls who broke into my e-mail accounts and a password protected page on my old WordPress blog, where up until then, it was a secure place to comment . Since they continue to try to make my life a living hell, they are going to have to put up with my face in the courtroom. I will try to be as up close and personal as I possibly can; absolutely more so from now on and its got nothing to do with fame. It’s all about the trolls who broke the law. Fa law law law law law law law law.
Dave Knechel | tagged Florida Freedom Newspapers, Inc. v. McCrary, Sheppard v. Maxwell | in Ann E. Finnell, Ann Finnell, Casey Anthony, Caylee Anthony, Chief Judge Belvin Perry, Cindy Anthony, Dave Knechel, David B. Knechel, David Knechel, Death Penalty, Dr. Henry Lee, Florida’s Government in the Sunshine, Human Interest, Jeff Ashton, Jim Lichtenstein, Judge Stan Strickland, Marinade Dave, Marinade Dave Knechel, Marinade Dave’s Caylee Anthony Posts, Mark Lippman, Mike DeForest, Ninth Circuit Court, Rachel Fugate, WKMG, marinadedave | Share Article 
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Reader Comments (75)
Hi, Rita!
Can't help but ask- how are you managing with the truly awful weather situation there? Or is it just really unexpectedly horrible in the UK, mostly, and France? Good to "see" you pop in, and have a lovely Christmas yourself, whether you catch this or not! Hoping you don't have to travel anywhere...
Hello Karen,
just in tme to answer before my holiday break. Situation is terrible here too, roads are slippery, trucks were blocked on the road and forbidden to drive, planes were also stuck on the ground. Today there is an alert for ice raining. I cannot wait to go back home and be with my family to enjoy Xmas. Have a lovely and safe Xmas
I know these little pre-trial motions hearings are pretty routine but it saddens me to no end that they're really about Casey, who knows who, and what people wear or who they sit near and Caylee seems an after thought. I guess the holdiays are tugging at my heart because as my Granddaughter hugs me and tells me she loves me all I keep wondering is "what about Caylee" why isn't anyone focusing on the real story? Caylee.
marshmellow~~I can certainly understand what you mean. I assure you the the prosecution is putting in alot of long hours so justice will be served for Caylee. We do not see all their hard work because they do not go out before the media. All we hear about is Casey this, Casey that. She must get a fair trial and it goes on and on...
Cindy added to all the drama that Casey is innocent and George even changed his tune from being up front to covering for Casey. It truly bothers me and, alot of others, to see George and Cindy sit behind the defense at those hearings. If Shirley and Rick Plesea attended those hearings, I am almost sure they would be sitting on the state's side. I think Cindy's new lawyer has convinced her to button her lip. She has done enough damage already.
The camera generally pans on Casey to watch her reactions. Personally, I couldn't care less what she is wearing or if her blouse is ironed and she is braless. I do watch her facial expressions and demeanor. I often wonder if visions of Caylee struggling for her last breath is etched in Casey's mind when she give those empty stares. I think she has programmed herself not to show emotion.
Everything seems to be about Casey but rest assured, it is really about Caylee, even when words are unspoken.
Just for the record~~Dave is very busy with the holiday rush etc. so I hope you can put up with me for a short time. Dave did get a chance to read all your excellent comments. He plans on coming in a bit later and adding his special touch.
Things will be slow until after Christmas. If anything of importance comes up, I will pop in and give you an update. In the meantime, enjoy the time with your family and friends. A Very Blessed Christmas and Happy Holidays to all....
Okay, so I read the six motions filed by the defense and then I went and read the Shennett case to see what they were up to with that in their motion. The decision in that case seems like an odd one to cite in their motion because that case was overturned more for the hearsay aspect of the case than for the admission of inadmissable evidence. In fact in the brief that Cheney Mason prepared, he specifically cites the example of a screw driver and burglary tools admitted into evidence in the Shennett case, but the brief on Shennet says that even though the screwdriver was admitted into evidence the testimony at time of trial was that the screwdriver had nothing to do with Shennett's conviction because the owner of the car admitted the screwdriver was his and the car window of the minivan was broken already, so the burglary tools weren't used to break into the vehicle. The Shennett Case was overturned because a testimony about what another Deputy had said was admitted into evidence (that deputy was unavailable at the time of the Shennett trial because he had been sent to active duty). Shennett does not apply to any of their motions. If that's the best Cheney Mason has got in case law to try to back up their motion in limine, then Casey Anthony might as well take whatever plea deal is offered by the prosecution and be grateful for it. I'm looking for the Rosa case, which is the other case Mason cites in his 6 briefs, but I'm having trouble finding it. Anybody have a link to it?
Sn oopy I love talking with you and the other bloggers on this site, thanks to everyones expertise, I have learned a lot. I would like to say that it is thoughts of Caylee and justice for her little life that brings me to Orlando News every time I can. I have a scroll on the side of my screen with rotating pictures of all the missing and murdered children that I have heard of, so I am always seeing one of them. Forget Caylee and all the others, no way. I want swift justice for all of them. It seems Ashton is tired of Baez doing business as usual. Baez wasted too much time on Jesse, Kronk and eqquesearch. Money is all gone and he is going to stall,stall, stall. thank you Snoopy.
Margaret~~and both Dave and I enjoy discussing this case with you. I am not sure what Baez is trying to pull lately. It seems he is trying the Judge's and prosecution's patience. I don't know how Judge Perry will handle the latest motion that Jeff Ashton filed wanting Baez sanctioned. Baez seems to be making a mockery of the court or is just plain stupid. Mason is supposed to be advising Baez so maybe he is behind all this nonsense. Baez is working pro bono now and cannot just up and quit. That is the rule. I don't know if he is playing these games to get thrown off the case. If that happens, a public defender would have to take over and that would be an automatic appeal of the verdict. (Dave may correct me on that one) I have always maintained that Cheney Mason is looking for anything that could cause a mistrial. The defense has been backed in the corner and are desperate.
I wonder if Baez made the deadline today and gave Judge Perry the info on Dr Henry Lee and Roy Kronk. If I find anything about it, I will let you all know. Margaret, it is my pleasure to serve you. Be wary tho, if I don't know the answers, I have a tendency to make things up. LOL j/k. If I am wrong, Dave takes great pleasure in correcting me.
The defense filed 6 new motions yesterday. I found a few snippets of what 3 or 4 of them involve. Judge Perry plans to hear these motions on Jan 03/11.
The motions seek to prevent a jury from hearing statements provided to detectives regarding Anthony's sexual relationships with Anthony Rusciano and Anthony Lazarro.
In another motion, defense attorneys want to prohibit a table knife from being discussed at trial. Investigators said they found such a knife in Anthony's car.
"There is no evidence which links the knife to the commission of any of the charges," the motion stated.
The defense also wants to block testimony from Texas EquuSearch President Tim Miller, who told a detective and others that he thought Casey Anthony on particular occasions was about to indicate on a map where Caylee's body was located.
You can read more and watch the video here....
Source-WESH
Snoopy, I didn't notice that Casey was braless. If she was, it could be that she is on suicide watch again. Anything that could potentially be used to harm yourself is removed from the cell, including sheets and foundational garments such as a bra, if you are on suicide watch. It's standard jail policy. I don't know if going into court she would be allowed to have one if she is on suicide watch.
I was wondering about something you told Karen. You said that it is standard operating procedure for the jail to have Casey's attorney tell his client that a body has been found. I thought that was only in the case of an identified body. At the point Caylee's body was found, there had been no definite identification of the body as Caylee's. I thought they brought her in to see if she reacted because she had no reaction at all when Padilla searched and found "bones" and toys in Blanchard park. Is it jail policy to have an attorney tell his client about a body if it hasn't been identified?
Thanks,
Joy
Hello, everyone. I'm sorry I wasn't around much the past two days. Today, I had to drive my parents around and I wasn't expecting that. I want to extend a big thank you to everyone who has contributed, and especially to Snoopy for being a BIG help. I'll try to write tomorrow.
Casey's Defense No Longer Looking At Kronk As Suspect
Joy~~I am really enjoying your comments. Yes, the body was not identified but they did take Casey to the medical facility so I do not think the jury will get to see that video. IMO, the jail staff should not have informed Casey about remains being found. It was almost like the jail staff was doing their own private investigation by watching Casey's reaction and having it on video. Now the jail staff can say that they took Casey to the medical facility and informed her of the remains because they thought she may hear it on that battery operated transistor radio she listens to. Staff can also say that they felt that Casey needed to be in the Medical facility, in the event that she may require medication, eg:sedation.
Re Casey being braless, I just used that as a figure of speech when I referenced that I did not care what she was wearing. I did note that Casey looked like she could burst out crying at any time. I think the Christmas season has her depressed but that is just my opinion. Sometimes we look for reactions that we think should be there when, in actuality they are not. It also appeared that Casey seems to be calling the shots and Baez and Finnell are pacifying her in all those back and forth notes.
Mary Jo~~thanks for the link. Finally the defense has smartened up. Roy Kronk is looked upon as a good samaritan. Accusing Kronk of having something to do with this crime would do more harm than good. Look at all the wasted man hours in interviewing Jill Kerley and the Sparks and the depositions by the state. I guess the JAC hands out the money while Baez and Mason are still practicing the game, not actually playing it. So we have Jesse and Richard Grund and the phantom Nannie so who will it be next? I wonder if the state will offer a plea to expedite things??
Snoops Casey has an had a radio in her cell at the time an would have heard it on the radio .At least she wasnt on her own unlike Caylee .............
Sorry Snoops mennt to say Caey would have heard it on her radio or worse other prisoners would have .An shouted it thrioght the vents to her...
You are welcome, Snoopy. It is sad what they have put Roy Kronk through. They have ruined his reputation.
I will have to look up again the information of when she went to the medical waiting room because I thought they brought her there to get her reaction, but they didn't tell her anything. I thought she heard something on her radio and then reacted when she saw it on the TV in the waiting area. I could be wrong though. It was after she saw it on TV where she had her reaction and then asked for her attorney, I think.
Thats it 3 am on Christmas eve here to many typos for comfort.Im calling it a night Merry Christmas everyone........
Merry Christmas Ecossie. May You and Yours have a Wonderful Holiday and the New Years will be filled with Love and God's Blessings. Hugs Matey, Snoop
Merry Christmas ecossie to you and your family!
Thanks for keeping me company today Snoopy. Its been like having you in my kitchen all day while I made my grandchildren's candy. Now I am tired and am going to la la land . Just one more question, please tell me Cheney Mason is not getting ready to bail. Good night everyone. God Bless.
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Margaret~~You and I think alike. I have been wondering if Cheney may make an exit. I don't think he would make a good loser. He has a big ego. I have been saying all along, Mason looks like he is just gathering dust. The old fart!
If I am in your kitchen, where is my candy or can I lick the bowl?
Cheney Mason bailing. Baez looks like he's losing interest completely. I'm left wondering if they just didn't get the answers they wanted from their experts. Before those experts came to town they seemed more sure of themselves and now that enough time has passed for them to have received the results of all those examinations we see the defense seeming to lose interest in the case. I wonder if their strategy now is "if all else fails, act dumb and hope for an appeal". I think they still wanted to leave Kronk hanging out there but Judge Perry forced the decision and so they dropped him. I think there's a law in Fl that once you are hired by a paying client you can't bail later after she's declared indigent. It keeps unscrupulous money-only lawyers from bailing on clients. So that means Baez is in for the long haul unless he acts so stupid he's removed from the case and I doubt Perry will do that because of how long it's taken to get this far.
Once again, have a Merry Christmas everyone.
Mary Jo- TY for the link above- wasn't working at TCD...
So, they STILL DON'T HAVE A DEFENSE.
I'll stop shouting now...
But seriously, think about that one. It's been 2 and half years.
ConnieFl Yes they do have a law in Florida to stop lawers fleeing once a client has no money left.They didnt before Baez an Casey though .It was crafted an made retroactive to specificly stop Baez leaveing ...At least that is many peoples opinions.Could just be coincidece....