A civil play, s’il vous plaît?

Today was my first foray into Orange County Circuit Court Judge Jose R. Rodriguez’s courtroom. I decided that this would be a perfect day before the firestorm begins in the criminal case, where motions are set for Thursday, next Monday, and the day after. This one came at a leisurely time, too; an easy 1:30 PM. That meant no rush hour traffic and no skipping lunch or dinner – not that that’s ever been a problem in Judge Stan Strickland’s court.

One of the things I noticed upon entering the courtroom was the relaxed nature of everyone, including the lone bailiff who sat at a desk in front of me. To my left was Red Huber, the award winning photographer from the Orlando Sentinel. We are both left-handed and our birthdays are only days apart. I’m not telling you who is older, but the deputy’s is one month after ours, in September and two out of three will be the same age. I asked the man with the badge why there were no other deputies in the room, like in Casey’s other courtrooms I’ve been in. He said, “This is civil court. We don’t get too many criminals in here.”

To be truthful, a second deputy did come in and sit across the room from him as court got under way, but this bailiff sure was a nice guy. Smart, too, because he doesn’t pay any attention to what goes on over at the criminal side. Casey who?

The judge was very amicable today, too. He was already at his bench when we were allowed in, so there was none of the ALL RISE business and we actually left before court was adjourned. The courtroom was sparse, but there were a few other cases to hear. Judge Rodriguez heard one, which only took a few minutes. It was all very relaxed. He then said he would hear the case about Zenaida Gonzalez and Casey, because that would clear the courtroom of most of the people who were there – all media – except for attorneys. That left only a couple of cases to address, but he knew this one would go by fairly quickly. It did.

Casey’s attorney, Jonathan Kasen, wasn’t there, but Keith Mitnik was. He represents Zenaida Gonzalez from the Morgan & Morgan law firm. The judge called today’s hearing a pre-trial conference and told him his docket is backed up. He told Mitnik to remove this case from the docket and refile it for trial in January, February or March of “oh-eleven” – the only time when there are openings. But he would set nothing in stone. Mitnik asked if it could possibly be sandwiched in between cases. Judge Rodriguez would not relent. Nope, he wasn’t going to bump-up. Older cases take priority, he responded.

That was pretty much the order for the day, but it doesn’t mean it ended there. Keith Mitnik was very happy to talk to the media when we exited the courtroom. It seems he saved the best for last, and it made my trip very much worth it. Outside of the courtroom is a large area for people to wait before the courtroom opens up. There’s a sprinkling of chairs here and there, but not nearly enough for everyone to sit. Like I said, it was only media people lining up to talk to him.

“I’m not surprised,” Mitnik said about the trial delay, which he had hoped would be held in August. “The courts are very busy. It’s not an old case.”

There is the possibility of new evidence surfacing from the criminal investigation, and the postponement actually gives Zenaida Gonzalez’s attorneys time to review the letters Casey wrote, along with statements made by the two jail house snitches, Robyn Adams and Maya Derkovic. Did Casey say or write that the nanny never existed? “They could be bombshells for our case.”

When he was asked if Zenaida is now working, he wouldn’t answer. He expects a jury to find that this Zenaida had nothing to do with Caylee’s murder. When pressed about money, he said this was more a matter of right and wrong, not money, although he did address punitive damages. He said he would ask for a significant amount of money.

He was puzzled by the fact that nothing has been done about Dominic Casey. Why hasn’t he been deposed yet? That’s a very good question, he responded, but he did add that Casey’s attorney, Diana Tennis, had filed a couple of motions that are pending, so there is some activity.

He said he had absolutely no contact with Casey Anthony. He is aware that she has her Fifth Amendment right to not answer and fully expects her to use it. Last September, her attorney, Jonathan Kasen, asked Judge Rodriguez to delay or throw out the civil trial. He said that Casey should not be asked whether or not she murdered her child while under oath. The judge denied that request. Something tells me there will be a lot of pleading the Fifth.

There are two other items of interest…

After most of the media people finished their questions, I had a chance to talk to Keith. I offered my condolences. He lost his 85-year-old mother a few months back. He’s a very good natured guy and told me he got that trait from her. He seems like a softie at heart. Standing alongside me was Bob Kealing from WESH. We did press him for information on the Cheney Mason/Judge Stan Strickland debacle. He was willing to proffer his thoughts, but he did ask that it be off the record. The only thing I will tell you is that he did not think it was my fault at all. Like I said, there isn’t an attorney in town who doesn’t know Mason.

Finally, I got a phone call this afternoon from my old friend Bill. Bill is the attorney who gave me excellent advice when I had to design ads, bumper stickers and more for a judge’s re-election against his opponent, a newcomer by the name of Belvin Perry, Jr. Bill went on to become a judge in Jacksonville, but is now retired except for consulting work. He asked me if I knew where Belvin came from. I said, you mean the prosecutor’s office? He said, yes… but it’s more than that. He and Ray Sharpe handled all of the capital cases. That means he knows all about prosecuting murderers. Before you let your imagination run away with this, please remember he is now the chief judge and no longer a prosecutor. Still, it’s something to mull over. Meanwhile, Bill agreed to be my “legal advisor” so he’s willing to answer difficult legal questions. Bill and I go back at least 25 years and I used to tell him he should be a judge. Well, he was, and I am proud to know him.