DEFENDANT'S MOTION FOR DETERMINATION OF INDIGENCY FOR COSTS

Full disclosure of the source of funds will have to be made before taxpayers foot the bill. Bob Wesley, the lead Public Defender, is not expecting to take over from Baez. For one thing, as we discussed, there is an issue of continuance. No one should be expected to pick up the pieces of this complex puzzle. Another thing to keep in mind is that it could place an undo strain on the Ninth Circuit Court Office of the Public Defender. Wesley says he’s not expecting the court to ask, although he has handled dozens here in Florida. He is well respected here and loves his work.

This is the motion filed by Casey’s defense on Friday. I took the liberty of typing it so if anyone on the Internet wants to cite portions of it or the whole thing, feel free to do so. No need to do it yourself.

DEFENDANT’S MOTION FOR DETERMINATION OF INDIGENCY FOR COSTS

COMES NOW the Defendant, CASEY MARIE ANTHONY, by and through her attorneys, JOSE A. BAEZ and ANDREA D. LYON, and pursuant to Florida Statute, Section 27.52(5), respectfully asks this Court to declare Casey Anthony indigent for costs and in the alternative, partially indigent for costs, and in support thereof:

1. Miss Anthony is guaranteed a right to a fair trial by an impartial jury under the Sixth and Fourteenth Amendments to the United States Constitution and Article I, Sections 9, 16, and 22 of the Florida Constitution.

2. On October 14,2008, Miss Anthony was indicted on the charge of first degree murder and taken into custody. She has been incarcerated in the Orange County Jail since that date. Miss Anthony does not have sufficient funds to pay for the costs associated with her defense.

3. Florida Statute Section 27.52 (5) authorizes Miss Anthony to move this court for a determination that she is indigent for costs. The relevant section of the statute provides:

A person who is eligible to be represented by a public defender under s. 27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court, on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007, funded by the state.

Fla Stat. §27.52(5)

4 . Florida Statute, Subsection 29.006 prescribes the due process services to be provided upon a determination ofindigency. Under Subsection 29.006, reasonable anticipated costs include but are not limited to: the service of subpoenas, investigative costs for both

guilt and sentencing. travel, hiring experts to interpret forensic evidence, and transcripts.

Fla. Stat. §§29.006

5. Here, as Ms. Lyon appears pro bono, Miss Anthony only seeks a determination of indigency to cover the costs necessary to ensure adequate assistance of counsel and due process of law.

6. In determining indigent status, Florida Statute Section 27 .52 requires the trial court to consider the probable expense and burden of defending the case as well as the defendant’s income.

7. The costs of defending this case have increased beyond anticipation as the case has become increasingly complex. Further, Miss Anthony has received no income dwing the time that she has been incarcerated. In order to meet the unique standard of care required for a capital defense, Miss Anthony must be found indigent for costs.

8. The Affidavit of Attorney’s Fees from Miss Anthony, attached as prescribed under Section 27.52 (5)(a)(2), indicates that the $22,500 has been paid to Ms. Lyon has been used directly to cover those costs outlined by subsection 29.006 such as transcripts, travel, and investigation. Ms. Lyon has not received any fees. She has been and continues to appear pro bono.

9 . Under Section 27.52 (5)(b)(6) in reviewing this motion, the court shall consider the amount of any attorney’S fees and who is paying the fees. Given that Ms. Lyon has never received fees, and Miss Anthony is indigent, the request for costs necessary to ensure an adequate defense is reasonable.

10. Miss Anthony is charged with a capital offense and the United States Supreme Court has consistently held that the death penalty is a unique punishment that requires a higher standard of care. Further) the Florida Rules of Criminal Procedure provide that this standard of care be higher than those for noncapital cases; in particular, the rules state that death penalty counsel must have “adequate time and resources for preparation.” Fla. R. Crim. P. 3.112(a). The detennination ofindigency for costs is essential to meet that higher standard of care and to provide adequate assistance of counseL

11. Mr. Baez has been representing Miss Anthony for over a year and a half. He has expended many hours ensuring that she have adequate and effective representation. All of Miss Anthony’s resources are exhausted. Miss Anthony’s indigency must be recognized so that her defense may continue to meet the standard of care required for capital cases.

12. Over the past ten months, Ms. Lyon has built relationships with experts and worked with investigators in order to provide Miss Anthony the unique standard of care required, and to facilitate the relationship between Ms . Lyon and Miss Anthony- a relationship that is the very foundation of adequate assistance.

13. These costs are necessary to maintain that necessary standard of care and will go directly to expert witnesses, investigative costs, travel, transcripts, and necessary depositions. Without a determination of indigency to cover all necessary costs, the risk associated with delay and the potential for Constitutionally inadequate assistance are too great to ignore.

14. In support for her motion, Miss Anthony submits the following:

a. A completed application as prescribed by section 27.52 (5)(a)(l).

b. An affidavit attesting to the estimated amount of attorney’s fees and the source of payment for these fees as prescribed by section 27.52 (5)(a)(2).

I HEREBY CERTIFY that a copy of the above and foregoing has been furnished to the Office of the State Attorney, 415 North Orange Avenue, Orlando, Florida 32801, and to the Justice Administrative Commission, 227 N . Bronough Street, Suite 2100, Tallahassee, FL 32301; via facsimile and/or U.S. Mail on this 5 day of March, 2010 .

JOSE A. BAEZ, Esquire

Following are the pages of forms Casey filled out. You can also read the PDF file of the above and below information HERE.

Click on the image to enlarge it. You should see a magnifier cursor. Click again.

4 . Florida Statute, Subsection 29.006 prescribes the due process services to be provided upon a determination ofindigency. Under Subsection 29.006, reasonable anticipated costs include but are not limited to: the service of subpoenas, investigative costs for bothguilt and sentencing. travel, hiring experts to interpret forensic evidence, and transcripts.