More from "My bus runneth over"
Thursday, August 26, 2010 at 9:01PM ENTERING THROUGH THE BACK DOOR
Casey's tragic bus took another wrong turn when it recently handed her former and final boyfriend, Anthony Lazzaro, a copy of a subpoena duces tecum without deposition for phone records from January 2009 to present.
What's this all about? Casey has been locked up for how long? What would her legal team want to do with poor Tony's cell phone records for the past year-and-a-half plus? William Jay, his attorney, thinks that whatever it is, it's no good. He countered by filing a MOTION TO QUASH SUBPOENA DUCES TECUM. Should Baez & Mason be surprised?
What exactly is a subpoena duces tecum without deposition? A subpoena duces tecum is a summons ordering a party to appear before the court and produce documents, in this case, cell phone records, that could be used at a hearing or at Casey's trial. The literal translation from Latin is to "bring with you under penalty of punishment." The without deposition part means that Lazzaro would not be compelled to appear in person to offer those documents. Whew, what a lucky break.
Here's the problem that the defense doesn't get. After a hearing last August, Judge Stan Strickland - yes, the fine, upstanding and highly revered judge the defense had removed from the case this past April - ordered that, "the time frame allowed to be subject to a subpoena duces tecum was from June 1, 2008 to December 18, 2008."
If you recall, the defense wanted Roy Kronk's cell phone records, too, for a similar period of time. They were denied that request. Poor Roy Kronk was one of the first ones the defense pointed incriminating fingers at while tossing him under a few speeding Van Hool tires.
What would Casey's attorneys do with Anthony Lazzaro's cell phone records from the past twenty months or so? Imagine looking into each and every person he ever made and received calls to and from. Why, if only half of them could be investigated for the next three years, give or take, two things may happen. One, the trial would surely be postponed, and two, there may be a Zenaida or two in that there briar patch. That's a thought, but Baez can't afford another three years pro bono and Mason will be retired by then. No, it's not that. What actually strikes me as funny is that this team recklessly pursues everyone law enforcement has cleared. This includes the Grunds, her former friends, Kronk, of course, and a number of others.
Do I think the defense is trying to pin the crime on Lazzaro? No, I do not. Once again, this is a feeble attempt to discredit the state's prime witnesses, and if he ever made a prank call to Pizza Hut and it's in those records, all of his credibility will fly out the window. "Your honor, this proves the state's witness is unreliable."
I expect this sort of treatment. It is the defense's job to tarnish everyone the state plans to call up to the stand, excluding experts who will go head-to-head with their own slate, but in this particular case, as in many others; just what does the defense really need 26+ months of phone records for? As soon as Lazzaro realized who and what he was possibly dating, he high-tailed it. Casey bit the dust and is, most likely, nothing more than a morbid thought in his mind today. Meanwhile, all this team seems to be going after is the stand-up crowd, with no Zenaida in the patch. Anthony Lazzaro's phone records aren't worth a rabbit's foot. He moved on with his life. Should his girlfriend of today be slapped around, too?
In his wisdom, Judge Strickland made the right and proper call. With Judge Belvin Perry now at the helm, did the defense realize it would lose another Motion for Reconsideration of Prior Rulings if it chose to go that route instead, so, let's choose another path? Enter through the back door. Hand little guy Tony an official order and hope he doesn't take it to his lawyer. Well, he did, and William Jay knew exactly what to do with it. So will Judge Perry.
Dave Knechel | in Casey Anthony, Caylee Anthony, Cheney Mason, Chief Judge Belvin Perry, Dave Knechel, Death Penalty, Human Interest, Jesse Grund, Jose Baez, Judge Stan Strickland, Marinade Dave, Marinade Dave’s Caylee Anthony Posts, Ninth Circuit Court, Orange County Circuit Court, Richard Grund, Roy Kronk, Subpoena Duces Tecum, Tony Lazzaro, William Jay, Zenaida Gonzalez | Share Article | 1 Reference 
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Reader Comments (129)
Dave, what an amazing post, thank you so much for this. I for one appreciate that you explain what all those Latin words mean. My only Latin comes from when Mass was in Latin so many years ago
I really feel bad for Tony. He did not ask to be in this mess, he only saw a cute girl by the name of Casey, and went for her. I have often wondered what kind of relationship, other than the $ex they had. Were they actually talking about a future together? He had to see how strange she was acting, especially right after July 16th. I can not imagine that she would not act strange, she had just killed her daughter. I hope that Judge Perry does the right thing, which I am sure he will, and toss this out.
Thank you again Dave for this amazing post, what a nice treat. I hope you have a wonderful birthday tomorrow. You are a very special person and someone I call a good friend. Take care of yourself.
It seems to me that Baez issued this subpoena in bad faith or else did not research the judge's ruling. His work is either sloppy or sleazy or both!
As usual, your article is is very informative! You are a brilliant journalist.
Thank you so much for considering me your good friend. Of course, I feel the same way about you, too, and so many others in our community.
No, Tony didn't ask to be in this mess, and I think the most haunting thing about it is that Casey never gave him a sign that anything was wrong except for the one time she cried when watching a video of Caylee on the laptop. The fact that she acted like nothing was wrong, except for that one time, must have given him the creeps after the news broke. I'm sure the judge will do the right thing.
Anyway, thank you for the birthday wish, too. It means a lot.
A brilliant journalist? WOW, thank you, Frances. I think Baez expected Lazzaro to be intimidated by it and follow through. I can't think of a legitimate reason to file it the way he did knowing full well Judge Strickland already ruled on it. That ruling was quite clear and the defense had no right to go against that ruling.
How tedious they are. I'll wager that Baez hasn't forgotten that he would be out of line requesting Tony's phone records that were not within Judge Strickland's parameters; I get this recurring sense that they are doing anything they can to play for time. I suspect they will resort to any frivolity if there's a chance that this trial can be put off, as they try to flush out some "Zenaida's" or some poor well-meaning Texas Equisearch Volunteer with a checkered past or anyone out there who might fit this bill of culpability. Just as you have already pointed out, Dave. They give me such a headache and ill-will as I cannot even describe. Thank you for the excellent post, Dave. Someone mentioned the other day (yesterday) that you keep trumping yourself. How true!
Yes Dave you are a brilliant journalist, among other things. I do not think you know how talented you are. Do you have any idea how hard it is to write just the simplest story, no of course you don't because you are a writer. As I told you I am in the process of trying to write a speech. I have been working on this one thing for I think about three weeks and I still am doing some editing. It does not have to be read until the 16th of September but I will bet you I will still be working on it. Even if I finish it by the first of the month it will have taken me a long time. For the writer even if the words do not come easy as first they do come and then the writer puts those words in such a manner, like you do, that is not only easy to read but with eloquence. That book is in you Dave, do not put it off too long, you will be sorry if you do and so will all of your readers.
Hi, Beth - I've been wondering about the stall tactic for some time, too, but I just can't picture Baez working for free on this case forever. Nor do I envision Mason wanting to drag it on since he was planning on retiring soon. I understand them wanting to dig up dirt on state witnesses, but to override a judge's ruling by sneaking one in through the back door? I don't get it. And I don't understand what Lazzaro's post-Casey life has to do with this at all. I keep trumping myself? Thanks, Beth. That's very kind of you.
Brilliant, Peggy? No, I don't think I do know how talented I am. Believe me, sometimes the stories come hard and slow. Other times, I can sit down and type and be done in an hour. Maybe, just maybe, I will write that book and see where it goes. Meanwhile, keep plugging away at your speech. I'm sure you'll do a great job.
Dave~~thanks so much for keeping on top of things for us. You are one in a million, my friend. I am trying to digest what the hoot the defense is trying to pull now. Are they trying to bandrupt the state of Florida? We will never see a trial next May if they keep this up. All the while Casey gets to enjoy Orange County jail which is preferable over a prison cell.
I wonder if Mason had a hand in this one. I am not sure that Judge Perry will tolerate much more of this from the defense. I cannot see any rhyme or reason why they would want Tony's phone records after Judge Strickland ruled on the time limit.
I will add more tomorrow when I am not so sleepy. Anyone who says that you are not an excellent journalist is full of old rope. Nite nite.
HAPPY BIRTHDAY MARINADE DAVE~August 27th
That bus just keeps rolling along doesn't it? When I first read the transcripts I wondered why they didn't pinpoint Tony and his friends especially since Casey was hinting of dire warnings and people out to hurt her family, and it looks like the state did just that and ruled him out. Now the defense is going to jump on this at this late date? They obviously had the same records and depositions the rest of us read. I doubt they want to find a Zenaida in there.. they just want to bring in the druggy friends to muddy his reputation and create that iota of doubt. Because that's the ONLY thing his records over the past 3 years could show.
I'm glad Strickland ruled when he did because if that was out there still without a prior ruling it would become yet another circus. I certainly hope Perry quietly and efficiently does away with both motions before the status hearing.
And happy birthday Dave. August is a good month! (mine was last week lol)
Nice Post Dave. I really feel for Tony. Thank goodness he had sense enough to turn the demand over to his attorney. I agree, Judge Perry will deny the subpoena. Tony's phone calls after the time frame established by Judge Strickland are not relevant to this case.
I tend to disagree that Tony would be able to sense something odd about Casey's behavior following Caylee's death. He only knew her for a few months prior to that and did not spend that much time with her before she planted herself in his apartment. How would he know what was and was not usual? Her other friends might have been a better judge of that, and she basically dumped them or met up with them at the clubs (except for the night she stayed at Ricardos before she discovered her car had been towed). Even Ricardo was a short term fling, so he would not know if Casey was acting unusual either. Amy was convinced she and Casey were going to be roomies. Casey was/is a master of deception when it came to revealing her true self to the world.
Happy Birthday Dave! - I'd bake you a cake, but then I'd have to eat it. Enjoy your day and may the next year bring good times and happy memories.
Dave,
This case has had so many twists and turns that the average person needs to keep a list of the players to be able to keep them straight. With all the motions going back and forth you need to be a Philadelphis lawyer to keep up with the progress that has been made.
Thankfully, when you write about the motions and court proceedings you have the ability to explain the intricacies in plain language so that the average person can understand what is happening.
I agree with those that say you are a gifted writer. You have an uncanny ability to explain not only what is said in these motions, but what it means, as well. That is your gift to us, your readers.
Have a Happy Birthday
I think they are doing anything they are able to do to show that those who LE cleared should not have been so easily cleared. Perhaps the private eye for Baez found some questionable stuff going on and Baez is going with it-like with Kronk's exes. The defense, imo, seems to want to discredit OCSD's investigation. It's the major whine that Casey was targeted by LE and they suffered tunnel vision.
After the ruling on the TES records, I'm not as confident that Judge Perry will say no to the cell phone records.
HAPPY BIRTHDAY, DAVE!!! Yes, I'm shouting it! (insert mrgreen here)
Happy belated birthday, conniefl! I enjoy reading your posts.
Happy Birthday Greetings from Michigan Dave! As I always like to say about birthdays they sure beat the alternative.
I can't wait to see Casey facing Tony in the court room. The trial is really going to be an ordeal for her and rightfully so.
It'll also be interesting to see if Casey sees C&G after she's convicted. I bet she doesn't.
Here is an excerpt from the Orlando Sentinel.
In another filing Thursday, Casey Anthony's defense team filed a notice of taking depositions for Sept. 3. The notice lists 18 law-enforcement officials scheduled for deposition from 9 a.m. to noon that day.
The notice lists another 17 law-enforcement officials to be deposed between 1 p.m. and 5 p.m. that day.
Okay, the defense is going to attempt to depose 35 LE officials in one day? Now each official has to go thru the normal swearing in, stating their name etc etc. Is the defense going to ask each official the very same ONE question? What are they looking for??
I should have been in bed yesterday. I had a dreadful thought. Does anyone think that the defense are filing motions that they know wont get passed? If this is the case, they will file a motion to try and force Judge Perry to recluse himself for being biased because he is declining too many of their motions.
There is just something about Mason that is making me lose sleep zzzzzzzzzzzzz
Snoopy - I don't think they are trying to get another judge removed. I think they are going with the there is no direct evidence linking out client to the death of her daughter and LE failed to properly investigate any other possible suspect defense... "Our client has maintained that her child was kidnapped and had no idea she was dead until her remains were discovered. She was not forthcoming to LE because she feared for the life of her child. How was she to know that the smell coming from the trunk of her car was from a decomposing body. Many people had access to her keys in the months leading up to Caylee's death and one of them could have had a copy made without her knowledge. Someone else, someone she knew well, used her car to transport the body, and there is no evidence to establish when that occurred." ...or something to that effect. They are going to try and establish reasonable doubt by showing the a circumstantial case could be built against anyone who had contact with both Casey and Caylee.
Tony is but one person they will attempt to prove could have arranged the kidnapping and murder of little Caylee. Casey probably views his lack of support for her as betrayal and is more than willing to assist with building a case against him or someone he is associated with. His room mate or even they guy who slept on the sofa could very well be next on the list.
Once again the scheme team attacks the innocent, in an attempt to create doubt over the actions of the (allegedly) guilty. I believe, a jury learning of such events won't look kindly at the defense. If I were seated on the jury in fact, I would think "if it happened to all these people - it could happen to anyone who by chance is familiar with someone who committed a crime." While I know a couple people who have gone to trial and/or jail for "stupid - human - tricks", I am not aware of any pretrial/trial activity, that attempted to discredit every person who ever had the misfortune to come in connect with the defendant.
Unfortunately for all concerned, Inmate Anthony, was quite the social butterfly - at this point it seems her defense has half the residents in the greater Orlando area, under their microscope and they will continue until they find what/who they are looking for. This will not only further delay the trial, but will also come at a huge expense to the taxpayers in FL; unless His Honor Judge Perry continues to shut them down. Thankfully, so far he has been very reasonable and has made intelligent, law based determinations - how long his patience can hold out, remains to be seen - in addition to the legalities concerning Inmate Anthony's rights, I hope he is also keeping notes on the disfunction in her council - not in an attempt to call a mistrial - as His Honor Judge Stan Strickland made sure Anthony was aware and satisfied with her representation. Rather the attempts of her attorney to be deceptive - something that shows shaky morals, by someone sworn to uphold the law and all our legal system stands for.
Have a Happy Birthday Dave! LCMom
Hi Dave
greta post, your article is awesome! Your analyse is so true!
I think that the defense team is doing all his best to focus people's attention on stupid things and motions (that will be denied anyway - Judge Perry is not stupid and he is doing his work very well) and make the main subject to be forgotten. Do they think that we can forgot why Casey is in jail?
It is more evident that they are trying everything because they have no argument to defend their client!
Happy birthday Dave, and Have a nice day.
Happy birthday Dave! I hope you have a wonderful day. Big hugs.
Happy birthday Dave!
I agree. Write the book. Write the book. It will be a best seller.
If they are going to supoena every guy Casey slept with the list could go on and on.
I would think this could be an invasion of Tony's privacy because it's so long after the fact.
Have a wonderful special day.
Thank you for the birthday wishes! Gee, I'm getting old. I have to drive my father to Lake Helen for an eye procedure. I should be back around noon, I hope.
Happy Birthday my friend!!!
HAPPY BIRTHDAY DAVE, HOPE IT IS A GOOD ONE
Looking forward to seeing you when you get back Dave. I hope your Dad's eye procedure goes well.
I forgot, when did you say the party begins? I sure do not want to be late :D
Happy birthday Dave!!!
I too am getting an eerie feeling about what the defense is attempting to do...I think they are laying the roadwork for plans to prove ineffective counsel when she is convicted...otherwise, they are just dumb as dirt...either way, will she have grounds to appeal from all their senseless filings and harrassment of witnesses in this case? This whole thing just makes my blood boil!
Happy Birthday Dave! I hope you have a wonderful day.
Remember to have a great weekend everyone!
Thanks Dave..love your post!
It's so sad that these young men and woman who were living their lives now find themselves having to find and pay an attorney to protect them from the evil of this family. Everyone of these young people who now find themselves in the mix of this horror were attending college,had jobs and were living on their own. They worked and saved their money so they could take vacations, go out to eat and enjoy life. Casey was the ONLY one who had no job,no school, and lived with and used her parents.
I pray for these young people, that they will very soon be able to move on from the stress of being drug into the absolute horror of this evil mess.
SHAME on Casey and the Anthony's for not caring about and loving Little Caylee better than they did. SHAME on Jose Biez and everyone involved on his legal team. GOD's SHAME on them all!!
They are all cursed and will never find relief from the curse. IMP
Thank you for the post Dave!
I have always wondered what happened to Tony. I do wish him a great life with a sane girlfriend.
I feel the defense is looking more and more desperate with each grasping motion. I can't imagine anyone with half a brain, not seeing through the blame everyone else stratregy. If this is there defense, it really is piss-poor. I guess to be fair, the defense has to do SOMETHING for Casey, I just don't think they realize how bad of a job they are doing.
HAPPY 39th BIRTHDAY DAVE!
Sending you a big KISS!
Hope everything turned out well with your Dad.
Thanks Dave..love your post!
It's so sad that these young men and woman who were living their lives now find themselves having to find and pay an attorney to protect them from the evil of this family. Everyone of these young people who now find themselves in the mix of this horror were attending college,had jobs and were living on their own. They worked and saved their money so they could take vacations, go out to eat and enjoy life. Casey was the ONLY one who had no job,no school, and lived with and used her parents.
I pray for these young people, that they will very soon be able to move on from the stress of being drug into the absolute horror of this evil mess.
SHAME on Casey and the Anthony's for not caring about and loving Little Caylee better than they did. SHAME on Jose Biez and everyone involved on his legal team. GOD's SHAME on them all!!
They are all cursed and will never find relief from the curse. IMP
Happy Birthday dave!
Have a great birthday Dave - I wish you much joy today and always!!!!!!!!!!!!!!!!!!!!!!!!!!!
Thanks for the great info Dave...HAPPY BIRTHDAY...
Snoopy- I'm wondering that too. Just what is deposing 35 or so LE officers supposed to accomplish? Only thing I can see is that 35 of 'em saying "Well, No. We never suspected Roy Kronk, frankly", (before they can add "Because it would have been pointless"), will somehow balance out all the statements and testimony from the main investigators, who while looking at all sorts of other leads, kept finding indications that Yup, Casey's It. Only thing I can work out that makes sense. Than Jose can say in his closing- "And we have the testimony of all these law officers that they admit they never really looked at any one else!"
Then/than
Happy Birthday Dave! I hope you do something fun today to celebrate this special occassion. I hope your dad's appointment goes well. Thanks for another great post! It is always nice to have you explain to us lay people what those latin words mean, and what those motions are really about. I don't think Judge Perry will give them what they want. There is no reason for them to have his phone records for after the fact. The defense is trying to hard to discredit everyone they can instead of trying to come up with a viable defense for Casey. I am hoping in the status hearing on Monday that Judge Perry will keep to his schedule and not give into the defense if they say they need more time. It will also be interesting to see if they have even tried to look at those TES records now that JP gave them the go ahead. I agree with the others that you are a good journalists. Don't let anyone tell you otherwise.
I enjoyed your post very much Dave. HAPPY BIRTHDAY to you. Hope you have a wonderful day..
HAppy Birthday to you!!!
Best wishes
Thank you Peggy. I enjoy reading your opinions also. I enjoy everyone on here now. For a while there I was absenting myself because of all the bickering. I'm not a fighter and with the exception of Katfish and Sloopy's I haven't visited any other Casey/Caylee blogs. I stuck with you guys because of similar opinions. Dave hits the nail on the head. He could call a book "Inexplicably dragged in" lol.
Sempre I agree with everything you said in your post about Tony. When I listened to and read his depostion the one person I kept thinking about was Susan Smith (the mother in SC who killed her 2 boys because she wanted the freedom to be with a man who didn't want kids). In the depo Tony said she asked him about kids and he told her he didn't want any or wanted boys. She also wanted to move in with him and he wanted to move into an apt with just him and his friend. So I can see part of her anger with Caylee that night being with her mom and part being frustration with Tony. The defense might try the argument that when he brought her gas on the side of the road that one time they went to the shed and stole the cans that that's when they were dumping the body. If this case hadn't carried on for so long and we weren't given so much other evidence even I would have bought that as the reasonable doubt. The further along the case has gone and the information that has come out in addition to Casey's demeanor is what changed my mind. No, in the beginning I didn't think Casey acted alone. I thought she did it but I thought she had help. Now I think if Tony played a part it was an unknowing passive part in that his attitude towards Casey implied he didn't want her as long as she had a child. It just might have been as big a part of her motive as her mother's treatment of her was.
35 Law enforcement officers in one day! Time for the crooks to act up in Orlando!
Doesn't a person have to pass the bar, or can they get their credentials out of a Cracker Jack box? Seems as if some of Bozo's tactics lean toward illegal....or maybe just stupidity. Yeah that's gotta be it.
Happy Birthday Dave
Dear Dave;
You really capture the essence of each and every motion so well. My opinion, for what it's worth. Baez knew damn well he was stirring up the pot yet once again. It's not his memory we have to worry about or his stupidity, but his bombastic, over the top waste of time prose. If it shows anything, it will be this: The trial won't be 4 months it will be twice that long, I put my money on it. His aim is to scatter so many dusty hairballs all over the courtroom and in the media, that we will forget the real issues and be forced to swallow his sadly submitted ramblings. If I were a betting woman, I can actually see Mason quit too. After all what's in it for these guys anyway? LACK LUSTRE FAME. There's no shine left on the golden goose.
HAPPY BIRTHDAY DAVE!!!!!!!!!!!!!!!!! What's next for the defense, getting the phone records for everyone who stood in front of the Anthony Home? Good Grief. Casey has the dreamer not the dream team defending her.
weezie, I t posted the same thing, will Mr. Mason be on the board when the trail starts. As Dave has said and he will probably continue to say, the Defense will throw anything/everything they can at the wall and they have to see what sticks. I agree with you that this trial is going to go over four months. Picking the jury will last quite a while, I just pray that the State puts several older women on it. I never see Casey wanting a plea but she may wish that she had done that when this is all over.
Who next will the Defense throw under the bus?
Thank you all for wishing me a happy birthday. It's been good so far, but I've been rather busy, so please forgive me for not answering everyone individually right now. The only vice I will indulge in today will be birthday cake. WITH SUGAR!
HAPPY BIRTHDAY DAVE!!!!!!!!!! Great article. I can see that bus careening along swerving from side to side as it bumps over all those people.
Good for you, Dave for having birthday cake. You only have a birthday once a year, so indulge yourself.
Happy BD Dave. You said the only inkling Tony had that anything was amiss with Casey was the crying during the Caylee video. Remember, he said Casey had awoke in a cold sweat a couple of times and she was having nightmares! This haunts me. I have to look back now and see, what days she was freaking out. The night she dumped the body? The day she opened the trunk to check on her daughter and saw what nature had done to her?
Good article, thanks!
Tim, you would think that Casey would have acted if not nutty as she seems to be, but at least show "something" when Tony picked her up only days after she murdered Caylee. But as Dave said she only cried when she saw the video of Caylee and you said when she woke up after a nightmare. How can someone be that cold not to show some kind of emotion besides what she did show which IMO are nothing. Her tears in court I do not even see. All I see is Casey wiping under her eyes hoping she does not smear her mascara. I doubt there are any tears. When that verdict comes in, then we will see some tears.
Peggy, I believe that Casey is a sociopath so she wouldn't be showing any emotions. She only cares about herself. When she is found guily, she may shed some tears, but I wouldn't count on it.
I don't know what the defense's strategy is going to be but I don't think whatever they try is going to amount to a hill of beans. Casey is a huge liar that did nothing to help LE from the beginning. How will they overcome that? The cards are stacked against Casey and once a jury hears everything they will come to only one conclusion - GUILTY. Even if she gets a new trial it will still be the same verdict. I think when Cheney Mason stated that 'this would be fun' he was thinking let's throw every crazy motion out there that we can, let's turn this into a true circus, we know we can't win so let's just be far-fetched and rediculous. We have nothing to lose. I personally think Casey could get ineffective counsel because they didn't set her straight to take a plea. Casey could have take a plea and got 10 years, now she may get the DP or Life.
Hi Tim~~Tony woke up to see Casey sitting up in bed watching the video of Caylee on her laptop. He said she was making whimpering noises but there were not any tears. I remember LE asking Tony about the tears. Now the question is, was Casey taunting Caylee or was she trying to force herself to have some feelings for what she had done. Yes, Tony said that Casey did wake up a couple times with night sweats. I think she put it off that she was worried about Tony going to New York and not coming back.