Here we go... over and over again
Tuesday, August 24, 2010 at 11:11PM "Oh, East is East, and West is West, and never the twain shall meet."
- Rudyard Kipling, in his Barrack-room ballads, 1892
What Kipling was lamenting was the vast ocean of opinions that separated the British and the inhabitants of the Indian subcontinent. I see similarities in the courtroom.
The governor of Florida is the top banana of the state Executive branch, just as the president of the United States is in charge of the federal equivalent. The governor of this state is the only person who has the authority to name a Secretary of the Department of Corrections. Therefore, as we have heard time and time again, jails and prisons fall under the auspices of the Executive branch, not the Judicial or Legislative.
COMES NOW, Casey Anthony's defense team has filed yet another motion regarding her lack of privacy in jail, including, but not limited to, what types of snacks she buys from the commissary. Titled the NOTICE OF STANDING OBJECTION OF ABUSE OF FLORIDA STATUTE 119.01, it, once again, “objects to the constant, unconstitutional and abusive application of [the statute] as it relates to this cause..." In other words, inquiring minds should not have the right-to-know if those nachos are Frito Lay or another brand, never mind what flavor.
For starters, here's what F.S. 119.01 says about the matter as it explains the general state policy on public records...
- It is the policy of this state that all state, county, and municipal records shall be open for personal inspection by any person.
There are actually 4 parts to the statute, but the remainder are superfluous, in the sense that they address matters of technological advances, meaning we are no longer moving into a digital world, we are in the thick of it and the state is obligated to keep up with it. With that lone entry, all that should matter to the judge and Casey's attorneys are the simple words that need no further explanation, “shall be open for personal inspection.”
Judge Perry has no authority to usurp Florida statutes, which come from the Legislature, and he has no power to trump the Executive branch, either, which runs jails and prisons.
This is certainly not the first time Casey's lawyers have filed a motion like this. Each time, they have been turned back for the same reason. Whether it was Judge Strickland or Judge Perry, the same old, same old response has been delivered. “I have no power over the Executive branch of government. I cannot tell the jail how to run itself.”
Of course, those responses did nothing to stop this new request. I don't know whether to give the defense an “A” for perseverance or an “E” for filing another wasted motion. I know exactly what grade I would give, but instead, lets take a look at the meat of the motion.
- This matter is a Death Penalty Case that has garnered national attention and local obsession by the media.
- The undersigned counsel (Baez & Mason) has made repeated objections as to the application of Chapter 119.01 of the Florida Statutes.
- The Defense has objected to information being released by Law Enforcement, Corrections, and the State Attorneys office in this matter.
- It has been and continues to be the defense position that the First Amendment rights of the media must give way to the constitutionally protected rights of the accused, especially when the State seeks the ultimate penalty of Death.
- This objection is standing and continues and the Defense invites this Honorable Court to either reverse any prior rulings as it relates to public disclosure or Sua Sponte order the aforementioned agencies to prevent any future abuses of Chapter 119.01.
- On July 13, 2010, the media reported that the accused ordered "Crackers and Cocoa." This ridiculous coverage has become common in this case. The information was obtained from a public records request from the Orange County Jail. [A WESH Web story was attached to the motion.]
- The only purpose of this type of coverage is to embarrass, harass and humiliate the accused and poison the potential jury pool.
It is that final argument that strikes me as peculiar. The only thing that has become an embarrassment is the amount of motions this defense has filed regarding, not only this matter, but others. It is no trade secret that the jail, the state attorneys and the sheriff's office routinely respond to media requests for public records and the agencies are obliged to hand over the goods. True, this is a capital murder case, but if we are a nation where all people are created equal, and that means Floridians and their state's Open Government and Public Records laws, it must clearly include Casey Marie Anthony, who has no special rights outside of each and every one of us. The rules will not be rewritten.
My advice for the defense would be to take the "Crackers and Cocoa" argument up with the governor. That's an executive decision, not the court's. As for tinkering with Florida's statutes, that's up to the Legislature.
And for what goes in Casey's belly behind bars? Without a doubt, potential jurors are not going to remember whether Casey squandered her jail allowance away on nachos and bean dip or saltine crackers. No, not at all. What those jurors will ponder is whether she squandered her life away by murdering her child, and nothing more. Besides, what's so embarrassing about liking Doritos?
Dave Knechel | in Capital Punishment, Casey Anthony, Caylee Anthony, Cheney Mason, Chief Judge Belvin Perry, Dave Knechel, Florida’s Government in the Sunshine, Human Interest, Judge Stan Strickland, Marinade Dave, Marinade Dave’s Caylee Anthony Posts, Orange County Corrections Department, Orange County Sheriff’s Office, State Attorney's Office | Share Article 
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Reader Comments (120)
I totally agree with you conniefl! They have nothing, absolutely nothing to defend their client with. The only thing they can do is stall, appeal, stall, appeal, stall, appeal! The outcome will be the same but Casey will have a few extra years to live her beautiful life.
I really think the defense is just trying to push Judge Perry's buttons to try and get him to say or do
something to cause another trial delay. They need to be spending their time looking at all the 4000 TES records. I can almost bet they haven't looked at one since the ruling.
As far as the shoe donation, why not just go and do it. Why do you need to notify the media of your intentions. Kind of takes the good will away for me.
Yep yep Nika, I agree. I can foresee down the road a motion to extend the time to go over the TES documents because there just wasn't enough time to go over 4000 documents.
I don't think Judge Perry will give them anymore time to look at those TES documents since they have had so much time to do it already and they haven't. I don't think there is anything that will keep Judge Perry from not starting this trial on the date he said it would. Baez can't quit because he has aleady been paid money from Casey.
Oh Dave, where to start. You really have put another nail in the coffin, not in Casey's, but the Defense endless motions about what Casey eats and what she does not eat. Are they completely insane? Do they honestly think that any jury would care what Casey eats or does not eat and that would taint them? What is going to taint a jury if they are tainted is the fact, like you said, that their precious client not only killed her daughter but never told anyone that said daughter was "missing" for 31 days, her Mother called 911. Instead of the Defense arguing about what Casey has ordered, maybe they should actually work on how they are going to save Casey from the Death Penalty. I truly doubt that what she snacks on is going to help that cause. All I can say that may make sense about this is maybe the Defense is acting so outrageous so down the line Casey can say he had inept council. I am hoping that Judge Perry can see right though them as I am sure he doe but can he say anything to them, "Stop with this insanity" and do the job your client expects of you as well as the court".
Dave, for some reason I do not see that you will stop writing about these endless motions that not only can not be ruled upon as they are law but that they are, if one can say, stupid. They make the Defense look more inept as the months go by. Can you see a time when the Judge says "mistrial"? I so hope not. Can you imagine going through this all over again?
Well Dave, I can see that I was not loged on and this will go into moderataion, sorry.
I have to wonder if the defense team and Mr and Mrs Anthony really communicate with each other. Yesterday we had this latest filing by the defense, who in my opinion have many things on their plate that are about to reach expiration dates, and today we have Mrs Anthony notifying the press of her benevolence in donating two shoes.
Hardly press junket worthy yet it seems to go against the point Casey's defense was attempting to make yesterday.
Seems to me the defense team, and family Anthony are all media hungry.
As soon as there is a lull in coverage, or something (like the Lohan debacle) takes their place, here they are again. Cindy's grandstanding, and the silly pleadings of Baez and company are wearing on us all.
Dave, I give them an "F" there at the Baez hut, for the f-ups they all seem to be. I can't wait for the trial to begin, and to end. And for Caylee to be put to rest.
Connie - Keeping fluids and other evidence was very smart. The forensic people and investigators did that in anticipation of future scientific breakthroughs. Yes, it sure was smart back then. As for the state failing, this prosecution team is very much on their toes. I trust them.
Good luck with that one, IceMistress. Jose Baez is here for the duration. Mr. Mason's mudslinging before he joined the defense team reminds me of yesterday. Up until their concession speeches, how many politicians threw worse than mud at their opponents and today, they embrace them like long lost friends?
Hi, Nika1 - I'm leaning the same way. Why contact the media? I think it opens the opportunity for someone to snatch those shoes as some sort of keepsake that can be sold for a profit 20 years down the road.
Hi, Peggy, don't worry if you're not logged in, it's not all that big of a deal.
No, absolutely not, no jury is going to care one iota about what Casey munched on in jail. This should actually be the least important thing Casey's defense should be worrying about. Sometimes I wonder if the defense does what it does to create a reason (stupidity) for an appeal, except that no attorney in their right mind would set themselves up for a fall. It makes no sense.
Thank you, by the way. I'm glad my post made sense to you.
Hi, dadgum. Then an F it is. That's the way I'm leaning.
Dave, great article. What a waste of time and energy and Florida's money from Waaa, Waaa, Waaa Jose. Looks like he would check what he writes before he sends its out. I am for WEDGIES for all of the defense and C and A too. Maybe that would help them with the defense--kind of like a time out when they do something stupid--which is all the time--haha
Cindy called the media to report she is making a donation of a pair of Caylee's shoes...If Cindy was making a donation from her heart she would call no one especially the media to report about her donation...When you do things from the bottom of your heart you do not have to alert the media. Cindy just wants people to give her attention, but people see through this disgusting attempt! Mr. Baez also doesn't want the media to know what Casey is doing or eating or buying while in jail, shouldn't he be more concerned that Casey is accused of murdering her innocent child and about all the evidence against her??? You would think so...
I read somewhere that mr. Baez may have had a Freudian slip when she used the word "poison" the jury pool, when Casey is accused of poisening Caylee with chloroform...
Hi, Martha - Yes, it's a waste of time, energy and resources. I don't know why they think they can win. The law is clear regarding open government and no judge can interpret it his or her own way to suit some defense attorneys. I am getting the impression the defense has been in a permanent time out.
Thanks!
I agree, Barbara. It would have been better or her to go drop off the shoes with no hoopla. Someone would have leaked it to the media anyway, and it would have been a positive response.
Barbra, does this mean every time we give a donation to any organization we are to call the media? Some how I can see them hanging up on me and laughing, which is just what they should have done when Cindy called. Cindy is so full of herself that she can not make a donation w/o calling the media. What next, when she finally makes a payment on the house she has not paid for in over two years?
She will have only herself to blame when this is all over and her daughter is either in prison for life or death row and she did not do something for Caylee. She has thrown Caylee's memory under the bus if not from day one then shortly after.
Dave, Sounds as if the defense is allowing Casey to decide which motions they should file. After all, she is reading all those law books in jail. If they are deciding to file these motions based on thier own legal judgement -------then for certain she has inadequate counsel. This case is a comedy of errors, instead of trying to difuse all the lies, bad behavior, and forensic evidence of the case, they seem to focus on the most stupid and downright silly nonsense. After reading about the various psychologist that have visited Casey, I am beginning to beleive the defense will be claiming Casey suffers from Dissocative Identiy Disorder, (MPD). Casey didn't even know Caylee was missing, her alter is the one responsible for not reporting that Caylee was missing for 31 days. Oh, and it's probably one of her other personalities using all that money in her snack account.
Dave do you think the State should try for a gag order again, or is that a moot point?
That's a good question, Laura, but it's almost a moot point. The state doesn't care anymore. Why should they?
Hey guys! Great post Dave, pretty much got to the meat of it and easy for me to understand. Baez has a much bigger degree than I so WTH? He doesn't get it? The bigger picture to me is the Sunshine Law. We do not have that in California so you won't know half of this over here. If anything, Baez needs to work towards reversing it. All those document dumps would never happen here in our state. I personally agree with privacy because not all of the people charged ARE guilty and those people deserve privacy. Its about the Sunshine Law in my opinion don't you all think?
Dave, btw is there any way to enable timestamping on the comments? Its nice to see what time some of them came in?
That is a good idea Tim. Also Dave, is it possible to have a place at the bottom of the posts for us to reply to other posters?
Rob - How ya doin'? I don't agree. It's not Casey who determines what motions are filed, it's Mrs. Parson's 3rd grade civil obedience class.They take a straw poll every Thursday and hand it over to Jose.
Tim, it's all about the sunshine laws and nothing else. It's no different from any other form of protest; write your senators and representatives and vote. It's not the court's call.
If there's a way to fix comments, I will certainly work on it. This process is still new to me, and it's going to take some getting used to. I'm still exploring.
...emoticons, Dave, how 'bout some emoticons, huh, huh, huh???
Another great article and the comments have been fantastic! I cannot add a thing~
From the Orlando Sentinel this afternoon: George and Cindy Anthony have new lawyers
http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-new-attorney-20100825,0,1022165.story
Thank you, Sherry. Did I send you an invitation to the blog so you can bypass comment moderation? If not, I can do that.
As for emoticons, let me work on that. I'm not sure if this platform recognizes them.
Thank you, by the way.
Carmen, your link isn't working so I am posting one that I think will. Thank you for bringing this to our attention. It didn't take them very long to find new attorneys to represent them.
Casey Anthony Parents Have New Attorney
By the way, Mark Lippman is their new attorney, although he's not new. The Anthonys hired him in March to represent them in the foreclosure proceeding. He is a real estate lawyer.
Licensed to Practice
• Florida (Statewide)
• Federal Middle District of Florida
• United States Court of Appeals for the Eleventh Circuit
• Supreme Court of the United States of America
Thanks for the links, Carmen and Mary Jo.
Dave, you are welcome. Thanks for giving us information on one of their new lawyers. It would be interesting to know if he is pro bono or if they are paying him.
I don't know what his affiliation with the Anthonys is, but I am going to try to find out a few things.
Dave~~I find with the REPLY option, it is a drawback. If someone replies to a comment made way upthread, the readers as well as the moderator can miss reading that comment. I look in the sidebar and check the MOST RECENT COMMENTS and click on the most recent. I do miss the time of the comment.
Another awesome article Dave! And Icemistress I also had a great laugh at your comments. Thank you! I almost wish Casey wasn't up for the DP. I think life in prison would be a far greater punishment especially since she is so young. If this wasn't a DP case I think justice would have been much swifter. As for what Casey eats in jail, I don't really care. I just hope she watches enough TV to see the Red Lobster, Olive Garden, Taco Bell commercials. Really yummy foods she's missing out on. Not to mention vacation commercials...She'll never get to go to. She'll never luxuriate at a spa. She'll never be pampered in the true sense of the word. She'll never get married and go on a honeymoon to a great locale. Enjoy the prison food Casey. It's all you have.
I mis the time of the comments, too, Snoopy, and I'll be looking for an answer to that when I figure out where to look.
Thank you, Patti O. I'm fairly certain Casey does not have a TV in her cell. Just books and magazines to kill time, so to speak. Nope, life will be no picnic for her.
Thank you Dave for the article - loved the part about the Governor being "top banana" :)
So, at the end of the day, this is yet another useless motion, re-hashing a dead argument, with no discernible purpose other than whining.
You'd think they could spend their precious time doing some more useful stuff - heck, they could be going over all the TES records looking for someone else to throw under the bus!
Hi, Kay - Yes, as far as I'm concerned, it's a worthless motion, but there's got to be a method to their madness. Maybe not. Maybe it's just madness.
I'm happy you enjoyed the article. Thank you.
Dave~~ Cheney Mason signed his name to that motion along side Baez'. I don't trust that man's tactics. You would think that he would read the motion before signing it. Right off, Mason should have known that this was a Jail Administration matter and not for Judge Perry to decide. I expect Mason to try and prove that Judge Perry is biased or try and bring Judge Strickland's past rulings forefront. I would not put it past them to try every strategy to cause a mistrial. A DP has an automatic appeal. I don't like what my gut is trying to tell me.
Snoopy, they always say to trust your gut feeling, I hope though this time you are not correct about a mistrial...Wre can only hope not anyway. But honestly I would not put anything past this defense because of their history and actions on this case...
The Anthony's have new attorneys...
http://www.wftv.com/news/24764659/detail.html
Hoorah! I'm going to look into him, too, for a future post.
Here you go..trouble starts for the charity that Cindy tells she will be donating Caylee's shoes to:
Charity Group: We're Not Associated With Anthony Family
Nonprofit Unaware Family Was Donating Caylee Anthony's Shoes
POSTED: Wednesday, August 25, 2010
UPDATED: 12:20 am EDT August 26, 2010
ORLANDO, Fla. -- A Central Florida charitable group said they fear their organization will be hurt because of a donation made by Casey Anthony's mother.
On Tuesday, Cindy Anthony sent an e-mail to Local 6, announcing that she would be donating some of her granddaughter's belongings to the Children of Love Foundation.
"I will be attending this event on Saturday, donating some of Caylee's shoes. I think that this project is worth mentioning," Cindy Anthony wrote.
The organization's founder, Doris Patalano, said she was unaware of Anthony's donation until she began receiving harassing phone calls from protesters Wednesday morning.
Patalano, who was orphaned as a child, created the Children of Love Foundation with her husband nearly 20 years ago. The nonprofit organization provides food, clothing and mentoring to orphans in Honduras and Central Florida.
Patalano also works at a pharmacy, where she said Cindy Anthony has been a long-time customer. The Children of Love Foundation is holding their annual shoe drive at that same pharmacy.
Patalano recently began passing out fliers to her customers, including Anthony, to inform them of the shoe drive.
According to Patalano, Anthony offered to share the flier with local media outlets. Patalano assumed the media might mention the shoe drive as part of a "public service announcement." She said she did not know Anthony was planning to donate her murdered granddaughter's shoes, nor share that information with the media.
By Wednesday morning, Patalano said she was being bombarded with phone calls at home and at work from protesters, whom she described as "hateful." Patalano fears the controversy could jeopardize her 20-year career at the pharmacy. She also said several other pharmacies have decided not to host similar shoe drives as a result of the negative publicity, which means fewer donations for the orphans.
Patalano wants the public to understand her organization has no association with the Anthony family. She does not believe Cindy Anthony meant to cause trouble, and offers her prayers to the family. However, Patalano insists that she has never sought publicity for her charity work.
In an e-mail to Local 6 Wednesday responding to the controversy, Cindy Anthony wrote, "Hopefully everyone will be respectful to what this event is all about. It's not about my family, it's about doing a good thing for others. My goal is to help this foundation collect shoes for the orphans in Honduras. Unfortunately the media would not have normally covered this event, had it not been for my involvement."
To be honest, I dont get why we are even discussing this issue..Now I know why the defense is bringing it to light, the more a "potential" juror(jury) picks apart every little thing Casey does it will be used to help with acquittal among many other things, and used to gain an appeal if convicted...
I dont think she'll be convicted, just my opinion as I believe there is another Anthony who is responsible....JMOO
I wouldn't look at it like that, G.C.G. I put a lot more faith in the state attorneys than I do the defense.
Casey has books magazines an a radio in her cell.Am sure she listens to
local stations an call in shows regarding her case.She is probably seething about Cindys latest publicity stunt with Caylees shoes.
That's right! I forgot about the radio. I'm looking into that shoe incident.
Snoopy - I have a sneaky suspicion you may be right about Cheney Mason. He does have a bag of tricks up his... sleeve.
Dave, if you have time, you could put up a post as to what Mr. Mason just might have up his sleeve. He has to have something.
When the Defense put those motions in we only see Jose Biaz's name, does that mean that Mr. Mason has no part of the motions? Or do the motions have to come from his law firm and that is the reason?
I will when and if I can figure out his strategy. It's too vague right now.
Sometimes, Jose signs. Other times, Cheney does. Sometimes, they both do. Legally, it doesn't matter which one signs, but I can generally tell the difference by the way the motions are gramatically structured. This one looks like Jose all the way.
...Your Honor, I would like to submit that my client is not guilty and I can prove that..that...that... Oh, look. A distraction!..... Now. Where was I? Oh, yes. So that's why you should drop the charges and let her go.
Seriously! I think that's as far as they've been able to progress with setting up their defense.
You know, the defense is so simple it's complicating. We expect more and because we get less, it confuses us.
Good afternoon all!! TTYL. (1:13pm)
And good afternoon to you!