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    « When karma strikes twice | Main | The loud bark of low heeled derelicts »
    Wednesday
    Sep012010

    Trial By Ambush

    PART I

    I hate being late to anything, but on Monday, so many people were present at the courthouse waiting to go through security, it was a full 9 minutes before I entered courtroom 19D, meaning that I was 9 minutes late since Chief Judge Belvin Perry, Jr. is a stickler for being prompt. When a hearing is set to start at 1:30, it starts at precisely that time. Courtroom 19D holds some bittersweet memories for me, too. It's Judge Strickland's courtroom, and the one where I was called up to meet him on that fateful October day last year. Alas, life goes on, but it's a date I will never forget.

    What ensued on Monday was a heavy dose of the reality of Judge Perry's courtroom and a taste of things to come. One of the strongest statements he made and one that's clearly set in stone is that he will not budge when it comes to the timeline. On May 9, 2011, jury selection will start and exactly one week later, on the 16th, the trial will begin.

    The reason for these status hearings is to keep both sides on schedule and to ensure that they share information with each other and get everything synchronized or suffer the consequences. “I would not want me setting your depositions,” he said. “I’ve been known to do some weird things like working on Saturday.”

    One of the issues Jose Baez addressed was the timing of the state's release of discovery. He cited one example. Erica Gonzalez worked as a shot girl at Fusian Ultralounge. She told OCSO Cpl. Yuri Melich that she spoke to Casey on the phone on July 15, 2008, and heard her talking to Caylee.

    Jose said he didn't receive this information until July 22 of this year, over two years later. Linda Drane Burdick responded that there are plenty of times witnesses take too long to respond. For example, PI Dominic Casey took forever to turn in documents and it took a week to scan all of the papers for release.

    The defense turned over an amended witness list containing 63 Category A witnesses. The judge reminded both sides of their deadlines. Linda Drane Burdick mentioned that 300-500 more pages of discovery are coming, but they would be mostly bank records of no significance to the defense. She still needs to copy Yuri Melich's hard drive, she added.

    The prosecution wondered how 35 people could possibly be deposed in one day, as stated by the defense. Cheney Mason piped in that he would get it done on September 15 as scheduled. Some might be a mere 5 minutes long. What I noticed during this exchange was a friendly banter between Mason and the judge. Quite clearly, the two men had experience with each other and were, no doubt, comfortable and aware of each other's unique personalities, strengths and weaknesses. I will elaborate on this at a later date.

    When the defense filed its NOTICE OF STANDING OBJECTION OF ABUSE OF FLORIDA STATUTE 119.01, the judge interpreted it as meaning it was not requesting a hearing, but instead, stating on record that it objected to the media and public's right to know. Jose Baez concurred. The Orlando Sentinel filed a MOTION TO INTERVENE FOR THE LIMITED PURPOSE OF OPPOSING DEFENDANT'S STANDING OBJECTIONS OF FLORIDA STATUTES CHAPTER 119.01. If this sounds complicated, it's not really. It's more of a formality on the defense's part and opens the door for a gag order later on, which Judge Perry will, most likely, write as the trial nears. This will be in order to keep potential jurors from reading about the case so close to jury selection. Mason brought up Murph the Surf, which addressed media coverage. Jack Roland Murphy was a famous surfing champion, musician, author and artist before his convictions; one being his involvement in the biggest jewel heist in American history at the American Museum of Natural History, and the other being the first-degree murder of Terry Rae Frank, 24, a California secretary. From lectlaw.com, Heidi Howard:

    The Court examined the totality of the circumstances, and found that if the jurors were actually, provably prejudiced by pretrial publicity, or if the "general atmosphere in the community or courtroom is sufficiently inflammatory," the community sentiment can be so poisoned against the defendant "as to impeach the indifference of jurors who displayed no animus of their own."¹

    In other words, the media may be restrained from reporting, at least prior to the impaneling of a jury in a criminal trial, when pretrial publicity is so pervasive that it, more than likely, would have an effect on jurors.

    A final edict made by Judge Perry was that all future motions will be heard within 15 days of filing. This is the nature of this judge. Move, move, move! I wouldn't be a bit surprised if he keeps a fully charged cattle prod at his side behind the bench, waiting to use it.

    PART II

    One of the most compelling statements made by the judge was that the state of Florida has discovery rules that include trial by ambush. Trial by ambush? What's this all about?

    In Florida, the standard  trial order entered by most judges  is that 45 days prior to the trial getting underway, both sides must submit to opposing counsel a written list of the names and addresses of all witnesses, impeachment, rebuttal or otherwise intended to be called at trial. It means this is the complete list of people who will be permitted to testify. It's intended to keep either side from suddenly finding a witness and surprising the other side. In this case, an act of this nature amounts to trial by ambush. Most judges will not allow it. Any witness not previously disclosed won't get near the courtroom unless certain circumstances warrant it. An example would be if the party diligently tried to find a witness and failed due to not being available until trial.

    Another aspect of trial by ambush includes other discovery, as well. Discovery enables both parties to know before the trial begins what evidence may be presented. This way, one side doesn't learn of the other side's evidence when there's no time to obtain anything to respond.

    In 1981, the Florida Supreme Court set the standard for the requirements of pretrial disclosure (See: Binger v. King Pest Control, 401 So. 2d 1310 (Fla. 1981). It gave trial courts ammunition to deal with faulty pretrial disclosure. In Marine Enterprises v. Bailey, 632 So. 2d 649 (Fla. 4th DCA 1994), the Fourth District Court approved the trial court's striking four witnesses for violations of the pretrial order.

    “In exercising its discretion to strike witnesses not properly disclosed upon pretrial order, the trial court may consider such factors as: whether use of the undisclosed witness will prejudice the objecting party; the objecting party’s ability to cure the prejudice or its independent knowledge of the witnesses’ existence; the calling party’s possible intentional noncompliance with the pretrial order; and the possible disruption of the orderly and efficient trial of the case.

    Compliance with pretrial orders directing proper disclosure of witnesses eliminates surprise and prevents trial by ‘ambush.’ Binger, 401 So. 2d at 1314. Counsel who disobey a trial court order entered months earlier should not be rewarded for their conduct. Pipkin v. Hamer, 501 So. 2d 1365, 1370 (Fla. 4th DCA 1987).”

    As a matter of fact, trial by ambush has been discouraged since the state of Florida adopted its rules of procedure in 1954. Judge Perry is well-versed in procedural law, and the fact that he brought it up at Monday's hearing means he plans on abiding by the rules. Remember: 45 days.

    On a final note, one thing I understood from attending the hearing was the judge's determination to impress his rules on both sides of the aisle, not just the defense, as many people believe. I saw no discrimination or favoritism. He treated the two sides equally and he had words to say to everyone involved. He doesn't want to hear petty arguing or sniping, either. Such is the manner of any good judge. In this case, there's no doubt in my mind that what we have here is a great judge who will play Solomon if and when it's necessary. Of course, I never expected any less from Judge Strickland, so in that regard, nothing has changed. As the hearing progressed, I got a sense that the light at the end of the tunnel is coming into view. It's no-nonsense from here on out. When Linda Drane Burdick asked the court if closing arguments could be split between all of the attorneys, state and defense, that little tunnel lit up, and I liked what I saw. Justice was shining at that other end.

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    Reader Comments (135)

    Dave, excellent post! I love how you always break down things so that we can better understand it. The way you write also makes one feel like they are actually in the court room. I love Judge Perry and the way that he keeps things on track and not letting any of them get by with anything. May will be here before we know it, and this trial is going to be so interesting to watch. I have no doubt that she will be found guilty. Thanks again, for all the work that you do for us and the great posts you write!

    September 1, 2010 | Registered CommenterMary Jo

    Thanks, Mary Jo. I'll tell you, it makes all the sense in the world to take notes, and I'm glad I did or I couldn't have remembered all this.

    You know, it would have been much more enjoyable if you were in the courtroom with me.

    September 1, 2010 | Registered CommenterDave Knechel

    Dave,

    Another good one!! When you weren't there at the beginning I was worried that you would not show up and we, your readers, would be left without your coverage of this important, yet semmingly boring, hearing. Andof course your explanations of all the legalese that a lot of us do not understand.

    It is great to see Judge Perry cracking the whip to keep things on track and I am also glad that he does not appear to deliver his dictates to one side alone, He is not going to let some little flub-up lead to a cause for appeal after conviction,

    A pat on the back to you and a big Thank you for what you do!!

    September 1, 2010 | Registered CommenterCarole

    Thanks, Carole. I am almost as fickle as the judge when it comes to being on time, so I wasn't happy with myself knowing I would be late. As for explaining the legalese, it comes with the territory.

    Nope, no judge wants to be the reason for an appeal, but of course, that's only going to happen if there's a conviction.

    September 1, 2010 | Registered CommenterDave Knechel

    Great post Dave! I am sure it is hard to get all the facts and we have you to take care of that for us.

    September 1, 2010 | Registered CommenterMarsha from NY

    Thanks, Marsha. Sometimes, it's tough for even me to decipher what I wrote in my notebook, but it was a little easier this time because I bought a much bigger one, so I could spread those words around.

    September 1, 2010 | Registered CommenterDave Knechel

    Dave, please tell me you meant to say "when" there is a conviction??11

    September 1, 2010 | Registered CommenterCarole

    Carole, I'm with you. I hope he meant to say "when" there is a conviction????????

    September 1, 2010 | Unregistered CommenterLaura from Indiana

    Dave, maybe you locked yourself in a room with no interference to write like this but if you did, stay there! The uniqueness in your writings give us balance and understanding of the whole scene. It is good to see you focused in this way, separating yourself from the static and drivel of those who will insert thorns to draw blood from your veins in their effort to drain away your talents and take away your gift to all of us. As you have done many times before, this is a revealing of the fine threads you use in weaving the facts together while creating the cloak of justice for a tiny child who has been taken in by so many deeply concerned hearts, who weep not only for Caylee Marie Anthony, for all the children who are brought into life's surroundings, dependent on a love that so often goes awry or is never there in the first place to protect them from violence. Your writing about this trial is something to really look forward to. Throw me your key, I will let you out for air as needed.

    September 1, 2010 | Unregistered CommenterNew Puppy

    To be fair, I had to say IF there's a conviction. We all have our personal opinions, but I strive to be fair to everyone in the posts I write. Am I always successful? No, but in truth, IF is the right word to use at this time. WHEN would imply I know something more than I really do. And I don't. Up until I left the house yesterday, I was saying IF I go to the hearing, not WHEN, because I was still undecided. In Casey's case, there isn't even a jury in place to decide, and there won't be until WHEN? Next May.

    September 1, 2010 | Registered CommenterDave Knechel

    Dave~~thank you for another great article. We are starting to hear some intricate laws and most of them sound Greek to me so I am glad you make some sense of them. Judge Perry sure knows his stuff and it is great to see and hear him in action. It seems he has a little twinkle in his eyes when he gives the prosecution and defense his ultimatum, "do this and that by the date I set or I will do it for you."
    He even said that he would get their schedules and set up the time for the depositions himself and they may occur on a Saturday or in the evening. I like his style.

    So they have 45 days, pre trial to have their witness lists complete. I expect this would give the opposition time to depose those said witnessess. I am not sure what to make of this Erica Gonzales saying she may have heard Casey talking to Caylee on July 15th when Casey was on her way to the airport to pick up Amy. I wonder why she crawed out of the woodwork at such a late date.

    I have got to check on the witness list. I thought that Mark Hawkins was listed. We have never got his interview with LE. I realize that not all on the witness list will be called to the stand but the defense must have got him on there for a reason, if he is on it.

    Dave, I will be back a bit more after I do my usual reread and try to absorb some of these laws in your state. Thank you for all you do for us. I know damn well that it was me who you waved at yesterday!!

    September 1, 2010 | Registered CommenterSnoopySleuth

    Wow, New Puppy, that's quite nice of you. Thank you. I do try to be fair. Not always, but I try. Plus, I saw the judge address both sides. He did not single one side or one attorney out, and that was a presence I took away with me when I left the courthouse.

    At the same time, I could sense the wheels of justice for Caylee turning another couple of notches in the right direction. It was that fairness by Judge Perry that reminded me I must be just as fair in my writing. I'm glad you look forward to my writing. One thing, for sure, is that Monday's motion was far from routine, and it came across loud and clear inside the courtroom.

    P.S. I'll send you the key.

    September 1, 2010 | Registered CommenterDave Knechel

    Snoopy - Yes, there were some interesting legal discussions the other day, and Judge Perry clearly knows his stuff. He said he would get the schedules written up only if either side flounders. As long as they keep poking at it, he'll leave them alone.

    As for this Erica Gonzalez statement, sure, it could be true in the sense that Casey talked to her while pretending to address Caylee. The truth is, Casey admitted she hadn't seen her daughter in a month, and that's well documented. In my opinion, Erica's testimony will help no one.

    Thank you. I'm glad you like it.

    September 1, 2010 | Registered CommenterDave Knechel

    Yup, those law books were worth every penny. Wonderful post. Question- Do we know of any instance where Casey pretended to have say, a conversation on the phone, when she did not? Where she was just mimicking and going through motions. Unless we have someone actually hearing Caylee's voice itself, this new info is worth bupkis since we DO know that if Casey says it's sunny get your umbrella out!

    September 1, 2010 | Unregistered CommenterKaren C.

    Regarding Erica Gonzalez..
    She reported in her police interview (looking for the link.) that she heard Casey tell Caylee to sit down in the car. She didn't hear Caylee's voice. When Casey arrived at the airport to pick up Amy (who was on the vacation Casey had to miss) Caylee wasn't in the car. That's the expected testimony. Goes to just how preplanned, and to what extent Casey lied(s).

    Does it creep anyone else out tat Caylee is named after CAsey and LEE..isn't that usually done with parents' names maybe..not your brother. Or did Cindy name her after her "other" two kids. Remember at the memorial she said she had 3 kids...

    September 1, 2010 | Registered Commenterdadgum

    Interesting article, Dave, very interesting. I can watch these videos on tv and convince myself I know completely what they're talking about, then come in here and still get informed! Your experience shows with every article I read. I'm a layperson who's learning with each blog of yours I read.

    My take on Judge Perry vs Judge Strickland is that Judge Perry takes the direct route while Judge Strickland takes a layed back approach and gets there eventually. I have a feeling the defense would have gotten a lot more delays with Strickland than they'll be allowed with Perry. It's past time this was over in my opinion. There are quite a few dp cases out there that have taken less time to try than this one. Hope Judge Perry gets his batteries at the dollar tree for that cattle prod, he's going to be going through them.

    September 1, 2010 | Registered Commenterconniefl

    Karen - As far as I know, no one has come forward with evidence that they heard Caylee's voice after June 16, just feigned words to a little girl. No, I don't think the info is all that important, but the issue will come down to the jury's thoughts on it.

    Thank you. Those law books have certainly helped.

    September 1, 2010 | Registered CommenterDave Knechel

    Dadgum - I didn't think she actually heard Caylee, and the state will make sure the jury is aware of that.

    I guess the name thing could be considered odd, but if this never happened, would people really give it much of a thought? I mean, it takes a horrendous crime like this to bring out all of the thoughts regarding the dynamics of a family. Sure, it's a little strange, but not earth shattering in my mind had this not happened and I just knew them as neighbors or something.

    September 1, 2010 | Registered CommenterDave Knechel

    Hi, Connie - I sure hope to enlighten people, so if I do, I thank you. Going to a hearing in person helps, too, because I can pick up on subtle nuances a TV camera is incapable of doing.

    One thing we must remember when comparing Judge Strickland with Judge Perry is that Judge Strickland heard the brunt of the motions and that took time. He laid the foundation and got an awful lot accomplished. I want everyone to recognize the importance of his groundwork, not that I'm saying no one understands it. There were so may motions and hearings since July of 2008. That's 21 months of work that we sometimes forget. Had he continued being the judge, I would expect this case to be where it stands today, but yes, Judge Perry is definitely stricter. I'll have more on this at a later date, but thank you. I'm glad you found it interesting.

    September 1, 2010 | Registered CommenterDave Knechel

    Dave~~i got a chuckle out of your 'cattle prod' but be forewarned that you may be accused of referring to some of the players in that courtroom as bovines. Tee hee hee.

    I checked and Mark Hawkin's is on the witness list for the defense.

    September 1, 2010 | Registered CommenterSnoopySleuth

    IMO this girl stated she heard CASEY talking to Caylee while she spoke to Casey on phone July 15, odd that is the same day Cindy took Casey home from Tony's... I think Casey was trying to plant a seed of a LIVE Caylee that was missing. Maybe the state thinks so too and are going to use this girl as a witness, as more proof of Casey's coverup and lies to hide Caylee's death, to show Guilt on Casey's part. IMO

    Saw you in court Dave, so neat to see someone physically in there that comes back and writes for the rest of us... I agree with all you wrote here and appreciate what you are doing because so much could be missed... and you are helping the cause of Justice For Caylee and children like her. State of Florida needs to charge on... tell the world We in Florida WILL NOT tolerate child killers..

    September 1, 2010 | Unregistered CommenterJeansee

    Yes, you're right, Snoopy, and I'll bet you there's one of them who would acually enjoy the experience, especially if it's poking instead of prodding.

    September 1, 2010 | Registered CommenterDave Knechel

    Yes sir ree bob...We can always count on Dave to explain the ins and outs of the courtroon jargon...He is so knowledgeable and if he doesn't know he knows where to go to find out all the answers...Yeppers he has a zillion reference places in which to delve...Thanks for your input on all this hulabalu, Dave...Keep up the good work...Perhaps it will be profitable for you someday...

    September 1, 2010 | Unregistered CommenterEstee

    Yes, you are correct, Jeansee, but I can point you to a Web site where people write each other questions under one name and answer themselves with another. At no time did Gonzalez state that she heard Caylee's voice, which wouldn't be all that hard for someone to mimic. As a matter of fact, I know of a woman in Vancouver, BC, who talks to herself all the time and even answers back.

    I do agree the state could use this person more to their advantage if the defense uses her. We'll have to wait and see, I guess.

    Thank you for liking what I wrote. That makes it all worthwhile. For sure, I never think about being on TV until after I sit down and look around the courtroom. The first time I was in courtroom 19D, I sat on the other side and had no idea I was on then, too.

    September 1, 2010 | Registered CommenterDave Knechel

    Snoopy he waved at me! :)

    Dave~ Thanks for the run down of what went on in court. I did not get to watch because I was working. I think a gag order should come into play soon. I personally get tired of Jose whinning about coverage and then run out in front of a camera crew. It is hard to take him seriously.

    September 1, 2010 | Unregistered Commenterlaurali

    Oh my, thank you, Estee. I do try my best to bring you the facts, and I generally research what I write so I have actual links to sites that verify my words. Sometimes I make mistakes. By the way, this is a pay site. In other words, it's not free for me, and that's why I have advertising; to support this blog. Far from making me rich, it will, hopefully, support it.

    September 1, 2010 | Registered CommenterDave Knechel

    Hi, Laurali - There won't be a gag order in place until, what I would guess, no earlier than a month prior to jury selection, so we might figure sometime after the first week of April. I don't really expect it to be that early, to tell you the truth.

    September 1, 2010 | Registered CommenterDave Knechel

    Erica Gonzales thought she heard Casey tell Caylee to sit down on July 15th when she was off to the airport to pick up Amy. I believe this would be hearsay and inadmissable anyway. Of course this call to or from Erica would have been on Casey's phone records. I do not recall seeing that but maybe someone else noticed it.

    To be honest, I didn't know about this person until Monday, and I doubt if there was a thorough breakdown of all calls showing the names along with the phone numbers. I'll try to look later.

    September 1, 2010 | Registered CommenterSnoopySleuth

    Dave~ ~does a gag order just mean media outlets? How about blogs reporting on the case? Will the gag order just be in the county where Judge Perry plans to pick a jury?

    September 1, 2010 | Registered CommenterSnoopySleuth

    Linda Drane Burdick said she had to copy Yuri Melich's hardrive. There is going to be a paper shortage in the state of Florida and we will have to grow more trees in Canada.

    Dave, does this mean that Linda has to copy everything from July 15/08 and up until to date? Can you set me staight here?

    As my professor, Mr Knechel, I would appreciate all my questions answered so I may become as smart at you. LOL

    September 1, 2010 | Registered CommenterSnoopySleuth

    Snoopy, in answer to your gag question, it might just refer to recorded material, so no cameras or microphones in the courtroom and the same thing outside of the courthouse - no press conferences. The whole jury selection process would be held with no media allowed, which is generally the case anyway. I would suspect, as we approach the trial date, everything will be shored up and there wouldn't be anything all that new to report but conjecture, and I don't think the court can stop that.

    My guess on Melich's hard drive would be only relevant information and it could be copied to another external drive of some kind and handed over to the defense. That could be done prior to printing it all out for the media, although some of it would be too graphic, I'm sure, and we won't get every single piece.

    Your professor, huh? HAH! Thank you.

    September 1, 2010 | Registered CommenterDave Knechel

    Thank you Professor. Tomorrow I shall bring you a big red apple minus a worm. Don't laugh, you have taught me alot over these past months. I think alot of us learn from each other as well. If I ever follow another case, it would have to be in the state of Florida. The Sunshine Law has many of us spoiled.

    There may be a few miscellaneous emails sent to Melich that I wouldn't mind reading. *wink

    September 1, 2010 | Registered CommenterSnoopySleuth

    Dave, I would love to be in the court room with you. I would love to be there to see this trial. I am hoping that we will be able to see the latest documents that the prosecutors released to the defense on Tuesday. Thanks again for all that you do for us.

    September 1, 2010 | Unregistered CommenterMary Jo

    I love apples, too, Snoopy, and they're so good for us. As a matter of fact, I will eat an apple later on as my nightly snack. I think it's a bit more healthful than a bowl of sugar free, low fat ice cream.

    I don't know what all Yuri wrote, but there's a local guy, unrelated to this case, I'd like to profile. He saved a woman's life.

    September 1, 2010 | Registered CommenterDave Knechel

    My pleasure, Mary Jo. Who knows, you may make it down here one of these days. It will be a very interesting trial. Thank you.

    September 1, 2010 | Registered CommenterDave Knechel

    Baez has had Casey's cellphone records for 2+ years. Had he investigated all the callers and their calls he would have had Erica Gonzalez's information regarding the phone call July 15th 2008.
    There was 8 minutes from when the phone call ended until Casey picked Amy H. up at the airport.
    Caylee was not in the car when Casey picked Amy up.
    Baez doesn't do his research!

    September 1, 2010 | Unregistered Commenterbeachgirl

    That's a very good point, beachgirl. If Caylee was in the car as Casey drove to the airport, where did she go? I never heard she was stolen out of the airport before. You may be on to something. Hmm... thanks for the insight!

    September 1, 2010 | Registered CommenterDave Knechel

    hi Dave... had to smile when i watched and saw u arriving late.. its like i know u, just from reading all the information u provide..i think judge Perry' is on the ball, no messing around which is great , altho i do miss judge Strickland, i think he was much to gentlemanly to deal with all the nonsense that goes on in the courtroom at times... thanks again for keeping me up to date, i wonder what is next .. take care and keep up the great work :))

    September 1, 2010 | Unregistered Commentercinta

    Hi, cinta! Right now, nothing is scheduled until September 30, when the next status hearing rolls around. Unless something else comes up in the interim, of course. I sort of shied away from status hearings, but I'm glad I went to this one, and I'll probably continue attending when I can.

    Yes, Judge Strickland was one of a kind, yet I think we would be at the same place today had he still been the man in charge. He's just easier and more flexible, I believe. Judge Perry is tops, so I can't say enough about him, either. Same end results, different personalities.

    Thank you for writing and letting me know how you feel. That's very much appreciated.

    September 1, 2010 | Registered CommenterDave Knechel

    I certainly didn't make any secret about how I felt about Stan, as a man and a judge. Life does go on and I don't want Judge Perry doing any more bantering around with Cheney Mason. It makes Cheney all warm and fuzzy and builds up his ego. I wish that I could understand what Cheney says in the courtroom. The court steno must have a heck of a time making him out.

    Dave~~if any motions are filed now, didn't Judge Perry say he wants to hear them within 15 days? I expect he will try to hear alot of them in chambers.

    I did like hearing Perry tell Baez that he was a judge, not a senator or was that legislator?

    September 1, 2010 | Registered CommenterSnoopySleuth

    Yes, Snoopy, but at the same time it could create a false sens of hope, don't you think?

    Perry could decide outstanding motions in chambers, but he may set up some dates soon. Good point. He said legislature since they write the laws, just like I wrote in the recent post, "Here we go... over and over again" on the 24th.

    September 1, 2010 | Registered CommenterDave Knechel

    Thanks Dave great post hiya Snoops an everyone.....Dave do you notice a different atmospere in the courtroom when theres no Anthonys present?

    September 1, 2010 | Registered Commenterecossie possie

    Thank you, ecossie possie. Yes, I think the air was not as thick in there as usual. It was a little more relaxed - less tense. Of course, without Casey, the drama is cut back, too. It was better than I expected, to be honest about it.

    September 1, 2010 | Registered CommenterDave Knechel

    Hi Ecossie Possie across the Atlantic. We have hurricane Earl barrelling up the Atlantic. I may end up somewhere offshore of the Grand Banks of Newfoundland.

    Yes, I do notice a more relaxed atmosphere in the courtroom sans Casey, George and Cindy. I think the audience is more focused on the judge and lawyers and not watching Casey and the other Anthonys every move. You are very observant Matey!!

    September 1, 2010 | Registered CommenterSnoopySleuth

    Aw geez I can hear it all now. Erica Gonzalez hears Casey talking to Caylee on the way to the airport to pick up Amy then she's not there when she picks up Amy. I wouldn't be surprised to hear the "Caylee sighting at the airport" theory Cindy was telling the investigators about in her video statement come up right about here. Not to mention throwing in Jessie Grund's first statement that he heard Caylee in the background and Casey saying "get down" back in May too! She must have told that baby to "get down" a lot. I can hear both brought up as "reasonable doubt" even though Jessie came back almost immediately and changed his statement.

    I'd like to see what was on Melich's hard drive personally. I have to wonder what with all this damning information that is being released on the case how much worse what they're holding back is. Pictures of the remains is understandable but what other kinds of things would they hold back from release? Still getting used to the Sunshine Law. Someone mentioned Caylee's favorite song is what is bringing her mother down - I like that idea.

    September 1, 2010 | Registered Commenterconniefl

    Hi, Connie - So many questions, so many lies. The problem with the airport was that Cindy never mentioned a Caylee sighting on July 15, so it would be hard to prove, even by her standards, and actually, I think she's probably pretty confused right now after the fiasco with Brad Conway and his allegations made against Casey's defense. That's got to be very, very confusing.

    I don't know what Melich's hard drive will show us, but I'll bet you, none of it is going to be happy moments.

    September 1, 2010 | Registered CommenterDave Knechel

    Hi Dave,
    Thanks for your comments on the latest hearing-I always enjoy reading your blog.
    A lot of us have a problem understanding Cheney Mason when watching the hearings on TV.This latest hearing was no exception. Is it easier to understand him when you are in the courtroom?
    Thanks,
    Katharine

    September 1, 2010 | Unregistered CommenterKatharine

    Dave~~I am not sure what will be released from the harddrive of Melich. Since this all went down on July 15/08, I would expect that Yuri received quite a few interesting emails. There still may be alot of red faces appear in the crowd before this case is all over.

    September 1, 2010 | Registered CommenterSnoopySleuth

    I thought I was pretty careful about the names..but may have misspoken. Jeansee, exactly the point..Casey, in having a seemingly onesided conversation with someone not in the car, to deceive the listener (Erica), was already laying the groundwork for her lies. It will e interesting to watch the defense try to get past it all, including the nanny stories and the 'nnot everything" response to detectives when they said everything Casey said to them was a lie.

    Dave, as always, thank you for your hard work!

    September 1, 2010 | Registered Commenterdadgum

    & Here's another thing regarding this new info about the phone call- We are being led to believe that, Lo these many months, Jose is just now hearing about it??? Has he not then had the conversation with Casey that goes something like this: "Hon, Dear, is there anything, ANYTHING at all, that may support the position of ours that Caylee was still alive during that time period? ANYTHING, Baby, since, you know, you're facing Death and all..." And she never disgorged that lil' hairball???!!!

    (Newer comments are spilling into the next page.)

    September 1, 2010 | Registered CommenterKaren C.

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