Without Prejudice
Tuesday, March 15, 2011 at 6:32PM
Dave Knechel in Capital Punishment, Casey Anthony, Caylee Anthony, Cheney Mason, Chief Judge Belvin Perry, Cindy Anthony, Dave Knechel, David B. Knechel, David Knechel, Dr. Jan Garavaglia, Dr. Werner Spitz, George Anthony, Human Interest, Jose Baez, Judge Stan Strickland, Lee Anthony, Marinade Dave, Marinade Dave Knechel, Marinade Dave’s Caylee Anthony Posts, Religion/Philosophy, marinadedave

Casey Anthony’s defense team has filed a lot of motions; too many to some, but plenty of them have been denied without prejudice by the presiding judge. With prejudice and without are fairly cut and dry. With prejudice means that once a judge rules, that’s the end of it; dead in the water, leave it alone and give it a rest. In other words, it’s a final disposition. Without prejudice means that the present form is not good enough to rule positively on, but the motion can certainly be filed again after tweaking and rewriting it. In other words, similar, but not identical. It leaves a party free to litigate the matter in a subsequent action. That’s not to say the latter outcome would be any different, but it leaves the door open for further explanation and review. A lot of the motions ruled against the defense by Judge Stan Strickland were ordered without prejudice. In my opinion, one of the reasons why Jose & Co. wanted him off the bench was made clear after Chief Judge Belvin Perry, Jr. took over. Many of those motions turned down by Judge Strickland were refiled. They expected the new judge to be more favorable in his rulings. Unfortunately for Casey, Judge Perry didn’t overturn a single one of them, so they did nothing to help her cause.

In light of Judge Strickland’s rulings, I want to discuss something that’s been weighing on my mind - without prejudice, of course. Actually, there are two things, the other one being George and Cindy and where they sit in the courtroom; but first, I come to Judge Strickland’s defense - not that he needs it or anything.

Of late, I have been reading comments on blogs, including my own; personal testimonials that praise Judge Perry for keeping this trial on track; that he is expediting the schedule. Consequently, and because of him, the trial will start on time - his time. That’s simply not true. Not to take away from him or his regimented structuring at all, but the facts in this case are, in fact, facts, and facts don’t lie. Just where has Judge Perry sped up the process as it relates to deadlines and the like?

On March 5, 2010, just over a year ago, Judge Strickland affixed his name to an amended order setting deadlines. It’s titled [the] AMENDED PROPOSED ORDER SETTING DISCOVERY, MOTION and HEARING DEADLINES and TRIAL DATE. On February 7 of this year, Judge Perry wrote his ORDER MEMORIALIZING STATUS HEARING. Please make a mental note that these are orders written by both judges.

Judge Strickland wrote: Depositions of law enforcement officers or employees shall be completed by September 30, 2010.

Judge Perry wrote: Depositions of Law Enforcement Persons: Defense anticipates completion of all depositions by the February 18,2011 deadline.

That’s a four-and-one-half month discrepancy, folks, and Judge Strickland stepped down six weeks after his deadline order. Who reset the deadline? Please understand that this, in no manner, disparages Judge Perry. This is a complex death penalty case and tentative deadlines are meant to be broken. Recently, a very prominent attorney told me, “So much misinformation is out there,” and this stretches beyond the mundane aspects of this case.

Another good example of this is Judge Strickland’s original deadline for the depositions of defense expert witnesses. The date he set was February 28, 2011. Judge Perry extended it a bit to March 11, 2011 for the final one - Dr. Werner Spitz.

On a side note, we now know Dr. Spitz will argue that Dr. G’s autopsy results are flawed. We will look more into this aspect at a later date, but meanwhile…

Judge Perry said, by hook or by crook, this trial will commence to start on May 9, 2011. It’s etched in stone, but lest you think that he is speeding up what the defense tries to set back, guess again. While Judge Perry keeps both sides on course, it was Judge Strickland who set the trial date of May 9, 2011. I show you Exhibit A, right on schedule:

I remember when I told readers of my blog that I was going to attend my first hearing. It was back in mid-October, 2009. Everyone told me to sit on the prosecution side. If you sit on the defense side, it means you support the defense. I said, no it doesn’t, this isn’t like a wedding, where friends of the bride and groom sit on their respective sides. Oh yes it does, I was lectured. Well, I’ve always been the independent sort, and I told them I will sit wherever I want. It so happens that upon entering the courtroom, the only seat available was next to George and Cindy on the, you guessed it, defense side. That awarded me the opportunity to say a few words to George when the hearing was over, and I’m glad I did. As a writer, I try to remain neutral, although it’s downright impossible at times.

Nowadays, almost all I ever read, over and over and over again, is that because George, Cindy and Lee sit behind their daughter, it means they have “thrown their granddaughter under the bus.” They are not interested in justice for Caylee. At all. That brings me to one very important thought. It’s actually two separate pieces of the whole, but I think it’s worth pondering. No, I am not setting this in stone; let’s just say it’s a fresh perspective that most people haven’t given much thought to, if any at all. Please keep in mind that keeping an open mind usually means everything is not always hidden behind Door Number One. Answers can come from anywhere, and they usually do.

Suppose the Anthonys are seeking justice for their grandchild, but they just don’t like the fact that the state of Florida wants to kill Casey. Hey, life is okay, but death? No matter what your child has done, and I want you to think hard and heavy about this, would you beg the state to kill your child? No matter what? If you honestly answer no, then you will you understand why they refuse to support the prosecution. THEY WANT TO KILL MY DAUGHTER!!! To be realistic, I doubt that you could execute your own child. I couldn’t, because…

Personally, I am against the death penalty. My beliefs are my own and so are my reasons, but if you ask me why I feel the way I do, I will gladly explain my position. With that in mind, has anyone EVER asked George and Cindy what their positions are on the death penalty? If not, what if they feel the same way I do? Why would they want to support the state by sitting behind them? I wouldn’t if it were my child, but she’s not, and it’s not my call.

Think about how you would feel as poison flows into your child’s veins. Without prejudice, of course.

Article originally appeared on marinadedave (http://marinadedave.com/).
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