Judge Perry’s lightning speed steals Mason’s thunder

“Be patient and you will finally win, for a soft tongue can break hard bones.”

- Proverbs 28:13

The last time I was inside the courtroom on the 23rd floor, Casey Anthony pleaded guilty to all fraud charges. That was four months ago on January 25. In June of 2009, I wrote a post titled, Guilty as CHARGED? that clearly spelled out why I thought she had no solid defense against those charges. The word CHARGED was my way of saying she charged her purchases on a checkbook she stole from her friend, Amy Huizenga. Why this defense chose to take it completely out of context in its motion to dismiss Judge Strickland is far beyond me, but so it was written, so it was done. God save the judge.

This time, on Friday, the courtroom took on a completely different atmosphere, as a new judge sat on the bench. Known as a no-nonsense jurist, Chief Judge Belvin Perry, Jr. lived up to his reputation. The mood was clearly stoic and reserved. As much as Judge Strickland deserved the same dignity and respect that Cheney Mason did not afford him, quite clearly, this time he sat quietly in the courtroom like a timid church mouse. Was he expecting this sort of outcome after Judge Strickland dismissed himself? Only time will tell, but if there is true justice in the world, Cheney Mason will not stand between it and the mockery he made of the court by filing the motion to dismiss and the later objection he filed in response to the court’s order.

When I got to the courtroom, it was a matter of minutes before Judge Perry entered. I noticed that Casey was wearing a light pink shirt and her hair was tied snugly back in a ponytail. She seemed to be in good spirits until Judge Perry entered the room. From that point on, gone were the smiles and hand-rubbing. As serious as the judge was, so was she. The more relaxed attitude of Judge Strickland’s court was washed completely away. This was business as usual, but a tougher version of it mixed in with a heavy dose of reality. Judge Perry had no qualms about discussing the dreaded death penalty.

He first addressed the monumental list of State witnesses, over 250, and the small number, 36, that had already been deposed. This is something he wants done. Let’s get a crack on it. MOVE, MOVE, MOVE!  He told the defense to file a proposed deposition schedule. He will not allow for any excuses. In light of this, he gave prosecutors and the defense strict orders to get their evidence and witnesses in order. Prosecutors said that some out-of-state witnesses were reluctant.

“I’m quite sure that Sheriff Jerry Demings will aid us in going to make those witnesses available for deposition,” Judge Perry said. In other words, depose them or the court will. There will be room for one courtesy call ONLY.

On record, Jose Baez listed himself as lead counsel for the day. Will that change by the time the trial gets underway? That’s anyone’s guess, but I did notice he addressed the judge as “Judge” on several occasions, instead of “Your Honor.” Some habits die hard.

Moving on, His Honor was irked that the defense still hadn’t talked to the JAC (Justice Administration Commission) about how much money the case will cost Florida taxpayers.

“I got time next week and the following week. That needs to be done like yesterday,” Judge Perry said. A hearing on the matter has been scheduled for this Thursday. He ordered attorneys to block out several days the following week (next week) to argue over unresolved motions, including all non-death penalty motions, whether the state’s death penalty is unconstitutional, whether jurors will be allowed to view pictures of Casey partying, and allegations of Roy Kronk’s domestic violence. This will most likely be held on the 10th or 11th.

Judge Perry really got down to the nitty gritty of changing the venue. Stating that it would be too cost prohibitive to move the entire trial to another county, he proposed moving a jury here if one could not be seated within the confines of Orange County. He said, “I have done a number of change of venue cases. Once I grant it, the location will not be disclosed. It will be disclosed at the last possible moment.”

He does not want the media to know until the last minute. That way, all publicity surrounding the location and jury selection will be kept under wraps. It seems apparent this judge wants the trial to take place right here in Orange County due to the massive costs of uprooting everyone, including over 250 witnesses, mostly from the Orlando area. He has no problem moving a jury here instead, if necessary. Most assuredly, this is something I was positive Judge Strickland would have decided. Many of us felt the same way, so it’s nothing new, but what may be is sequestering. If the judge decides to sequester jurors, which cuts them off from all outside influences, it could make jury service much more tiresome.

When asked, Jose Baez said, “This is really not just about the publicity. This community is intimately involved in this case by way of searches, by way of protesters.” He noted that the types of people the defense would want to hear the case may not be able to handle the stress of two months away from home and family.

“It is no secret that this case has received widespread publicity,” Perry said. He went on to say that the only way to make sure they are not infected or polluted during this proceeding is to sequester them.

Judge Perry asked the prosecution how long it expected to take to argue their case. Linda Drane Burdick responded that it would take about 3-4 weeks. The judge asked the defense the same question. Baez answered, about 3 weeks. The judge then set a working schedule of five-and-a-half days per week, meaning a half-day on Saturdays. He said that he would submit a list of movies for the jury to watch and each side could strike any from that list, no questions asked. Remember, there will be no TV for a sequestered jury.

Finally, he brought up the DEATH PENALTY phase. This was something Casey could not order her attorneys to “make him stop.” I almost swear I saw the hairs stand up on the back of her neck. Her parents were in front of me and I watched Cindy cringe.

How long will it take the state to argue? Jeff Ashton stood and said it would be done in a day. Baez then stood and said it would take the defense anywhere from 3-5 days.

Judge Perry reminded the court that we live in an adversarial system of justice, which is “the two-sided structure under which criminal trial courts operate that pits the prosecution against the defense. Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.”¹

He wanted to move the trial date up a week, to May 2, but Andrea Lyon reminded the court over a speaker phone (in absentia) her daughter graduates college that week. The judge accommodated her and allowed the date Judge Strickland set to stand at May 9, 2011. Meanwhile, he expects to hold status hearings every 45 day. With that, the hearing came to an abrupt – no, not yet… Baez corrected the judge, who called Andrea Lyon “Miss Lyons.”

“There’s no ‘s’ at the end of her name, Judge, and it’s Professor Lyon.”

The Honorable Judge Belvin Perry, Jr. stood corrected and walked away from the bench. So it was written, so it was done.

Order Regarding Deposition Schedule

Order Setting Motion Hearings 5-03-2010