Will Mason Jar the State?

The following article is based on my observations from inside the Orange County Courthouse yesterday. From beginning to end, the hearing lasted about 1 hour and 15 minutes.

I hate being late for anything, so if we have plans to go out and I am supposed to pick you up at 7:00, I am at your doorstep at 7:00 sharp; not 5 minutes early, and certainly, never 5 minutes late. When it comes to court hearings, I try to arrive about a half hour before the zero hour, especially when things build up from the days before. One never knows what kind of crowd will show up to see what kind of moods George and Cindy will be in after the fling fiasco that’s been in the daily news.

Going through security was a breeze yesterday and before I knew it, I was through and walking to the back elevators that would take me to the 19th floor. Things seemed to be going my way so far, because within seconds of pushing the button pointing up, the doors where I was standing opened. I was all alone, too, but around the bend came a group of people and I held the door for them to enter. Lo and behold, it was the prosecution, and they were chatting up a storm. Once in, I said I didn’t need to ask them what floor they wanted. Standing next to me was Jeff Ashton, along with Linda Drane Burdick, Frank George, and two or three more people I didn’t recognize. They were in fine form. Jeff was teasing Linda and mentioned that she had earned her nickname of HRH - probably short for Her Royal Highness. She is, after all, queen of the State Attorney mountain in this fight against a persistent defense that’s determined to prove her and her legal team wrong - but there’s no doubt in my mind that she is in top form.

I extended my hand to Jeff. We had met at the first hearing I attended, when Bill Sheaffer introduced me to him. We had a brief exchange of words and when I mentioned my name, Marinade Dave, he recognized it. I handed him my card and as we exited the elevator, I watched him place it in his inside jacket pocket, where it will probably stay until he sends it to the dry cleaner.

As we approached Courtroom D, I saw Bob Kealing from WESH discussing something with George. I respectfully waited until I felt it was safe to join in. I must say that George was in fine spirits. We exchanged words about the twin sisters and I told him they had come to my blog on Saturday morning to defend themselves. Mostly, it was Skye, I said. He reiterated what he had said through his attorney, Brad Conway. None of the story is true, and he told me this with no animosity or animation in his voice. Cindy was nearby, and both of them seemed quite relaxed, well rested and upbeat.

The courtroom doors were opened to allow the prosecution in. I milled around a little and settled in to talk to Tony Pipitone from WKMG. Bill had introduced me to him at the last hearing. Tony is pretty smooth and confident. He’s not one to sensationalize all that much, and when he reports something, you can pretty much count on it being true. Like Bob Kealing, he’s well-respected in the central Florida market. I told him I read the article that was posted that morning. I asked him how he knew about the National Enquirer story. He told me they contacted him that morning. [This story has since been updated.]

Suddenly, the defense team entered the picture and, shockingly, had veteran attorney J. Cheney Mason in tow. One journalist asked him if he had joined the defense and he quickly responded in his southern drawl, “I will in about five minutes,” and into the courtroom they went. iPhones and similar devices went wild, as I watched journalist after journalist chattering away with their thumbs.

We aren’t allowed to enter the room until all attorneys are inside and situated. Then, a sheriff’s deputy swings open the twin doors and throws out the official welcome mat. Because I was one of the first to enter, I grabbed my spot, not for the sake of the camera, but to place myself at an obvious vantage point enabling me to see most of the action about to start. After everyone filed in and sat down, I looked around. Noticeably absent was Bill Sheaffer, who had become a very comforting sight and someone who has a calming effect. Bill is a consummate gentleman and I truly enjoy his company.

ALL RISE

After Judge Strickland entered the courtroom and took his seat behind the bench, things came to order pronto. Jose Baez got up and spoke about a problem with the microphone remaining on at the defense table. The judge respectfully told him to push the button for today, that it was a problem, but it was nothing the court could deal with at the moment. Baez then introduced the new member of the defense team.

One of the things I’ve noticed about Judge Strickland is his relaxed demeanor, which translates well in court. He may be larger than life in the scheme of this case he sits in judgement of, but he is far from intimidating. Everyone likes and respects him. He is approachable. Just before this session, Cheney Mason had filed a Notice of Appearance with the court. There it now sat in front of the judge. This seemed like a complete surprise to Burdick & Crew - and to His Honor, who stated in a very friendly tone, “How you doing? What kept you?”

Momentary laughter erupted. Then Judge Strickland settled in by announcing the matter before him in the day’s hearing. He also introduced himself to the JAC attorney, who was on a speaker phone from, I would guess, Tallahassee. This was problematic, because his voice was muffled and incomprehensible for the most part.

One of the best criminal defense attorneys in the nation, Mason tried to take control of the court immediately after the judge asked who would be arguing the motion. 

“I am,” he answered, and he continued to explain that Casey was, indeed indigent, and he would be working pro bono. He pointed to Robert Wesley, who sat in the jury box, and said that the Public Defender’s Office cannot afford to take on the case. He said this was strictly to work out costs, and nothing more, and that the Public Defender would say so in his own words.

When the judge turned to the JAC attorney to speak, it was quite obvious this system wasn’t going to work. 

“They never showed this on Law and Order,” the judge opined.

The first 15 minutes seemed like they were out-of-order in the courtroom, but things were finally settled when the attorney, Brad Bischoff, was piped over the PA system. He started by saying the concern was over Florida Statute 27.52and the amount and source of attorneys’ fees paid by the defendant and apparent conflicts in movie, TV production, book and photo deals that may be forthcoming. The main issue stemmed from there, and that the state wants all funds exhausted before the state contributes a dime. That’s reasonable enough. The State does not want the defense to capitalize on the case.

As Cheney Mason stood listening, I noticed a constant grin on his face, but it was more of a look of confidence than smugness. I guessed that he was waiting to jump. Meanwhile, Bischoff continued to speak about problems the State had with paying Casey’s tab. He cited Florida Statute 938.39, which deals with legal assistance; lien for payment of attorney’s fees or costs. He asked the court to make all necessary inquiries to the defense about money. All of it. [By the way, what you couldn’t hear from JAC on the video was clear enough for those of us in the courtroom.]

In my opinion, Bischoff was rambling a bit and spoke redundantly at times, and when he went off on a tangent over attorneys’ fees, Judge Strickland reminded him that this was about the cost to go forward, not attorneys’ fees. It is at this point I noticed the judge was becoming slightly agitated - well, to me, of course.

“OK, what else do you want to tell me?” And the one-sided dialog continued for several more minutes. He was very vocal about the defense making money off this case, and rightfully so, but eventually, he stopped, much to our delight.

Assistant State Attorney Frank George stood and asked about the missing money. The judge turned to speak to Public Defender Wesley, who then stated his budget of $2,000,000 from State Attorney trust funds and $2,000,000 from the statewide Public Defender’s trust fund would be expended by next month. He also said his office is short-handed at the moment. He emphasized that his office is not in a place to fund litigation.

Mason talked about costs and Judge Strickland told him the financial affidavit was “light in description” of full disclosure. It’s as if it showed insufficient funds since it was somewhat void and vague. He knew where the money came from, but didn’t have much to go on regarding where it was all spent. Before the judge would rule, he needed to know where the money went. He wanted proof that the money was not wasted. How can he grant indigence with no knowledge of who’s watching where the bucks are going? Where did all that money go?

Here is where the back and forth between the judge and Mason gets juicy. In lieu of describing it in words, I would like to present it for viewing and listening. It’s only 5 minutes long. After this battle of wills, in which we all know who got the upper hand, we took a break. Here is where I will take a break in writing. When I come back, I will discuss what later transpired and what type of conversation I had with Bob Wesley out in the hall. I’ll pick it up from there.

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