Stalemate?
Wednesday, April 13, 2011 at 2:52PM I have been a little under the weather lately, but in all honesty, I had planned on writing about the Frye hearings and how I believe the judge will rule and why. Now, with so much attention focused on the impending 48 Hours Mystery program that’s scheduled to run this Saturday night, I feel compelled to proffer my thoughts on the matter. On the show, a mock trial jury acquits Casey Anthony of first-degree murder.
I recently wrote about a motion filed by Cheney Mason that accused Judge Perry of bias in favor of the state. On Fool’s Mate, I explained how useless the motion was. In my opinion, it was a feeble attempt to intimidate another judge into stepping down and it failed miserably. Belvin Perry, Jr. is going nowhere until this trial is over, but once again, I see the defense testing the judge’s fortitude, determination and resolve.
Yesterday, Orlando attorney Richard Hornsby published a new article on his blog that focuses on one particular aspect of the CBS piece - whether Jose Baez may have inadvertently waived attorney/client privilege because of a jury consultant who aided the defense. At issue is whether he was paid or not, and if so, by whom. Did CBS pick up the tab? Will we ever know? I strongly encourage you to read it because it is the most brilliant essay to date on this very strange and convoluted saga.
Early on, when this case was still in its infancy, Jose Baez successfully argued against a State motion requesting the imposition of a gag (or suppression) order. That was way back in November 2008. Judge Strickland said he would issue one as the trial nears. A few months ago, Judge Perry said he would impose one, too, as the trial draws nigh. With less than a month to go, when does His Honor plan on ordering one? I can’t think of a better time than now.
The law.com Website’s legal dictionary describes a gag order as:
“a judge’s order prohibiting the attorneys and the parties to a pending lawsuit or criminal prosecution from talking to the media or the public about the case. The supposed intent is to prevent prejudice due to pre-trial publicity which would influence potential jurors. A gag order has the secondary purpose of preventing the lawyers from trying the case in the press and on television, and thus creating a public mood (which could get ugly) in favor of one party or the other. Based on the ‘freedom of the press’ provision of the First Amendment, the court cannot constitutionally restrict the media from printing or broadcasting information about the case, so the only way is to put a gag on the participants under the court’s control.”
What this means is that the judge is powerless to stop media from running stories about the case, but he can stop everyone directly involved (meaning attorneys) from talking or writing about it. This would include investigators on both sides of the aisle. While CBS or any other media outlet would not be bound by law to kill a story, the legal implications should, nominally, deter editors and news directors from publicizing further stories based on inside sources or whatever means are still available. At the same time, it would have no effect on information garnered prior to the order, like Saturday night’s program.
On May 9, Judge Perry and all counsel affiliated with Case No. 48-2008-CF-015606-O will assemble inside a courthouse outside of Orange County. Its sole mission? To pluck a jury of Casey’s peers, who will then sit in judgment of her the following week, in what many consider the trial of the 21st century; still quite young. The jury will come to Orange County, where it will be sequestered. If this proves to be problematic, the judge will attempt to seat a jury from home, and if all else fails, somewhere else - until the job is done. Right?
Well, there may be some complications that could, quite possibly, quagmire the will of the people of the great state of Florida.
In May of 2009, Jose Baez requested a change of venue. This is a legal term for moving a trial to a different location. In a high-profile case like this, it could be next to impossible to seat a fair and impartial local jury due to the widespread publicity in print and broadcast media. However, a judge has other options. He could deny the motion and remain at home, risking a retrial on a post-conviction appeal, or he could deny the motion and attempt to seat a jury from a demographically similar area. Since the Rodney King case, courts have focused on efforts to ensure that demographics from another community are as similar as possible to the demographics of the community in which the criminal offense allegedly occurred. Although it’s only a jury that will be brought to Orange County in order to save taxpayers millions of dollars, it’s intent is to satisfy all parties without any of the bias stirred by so much local publicity. That’s the goal, anyway, but I see something else… an ulterior motive by the defense.
Granted, the wheels of justice are not always round. In the United States, a defense has every right to utilize any and all means available to exonerate their client as long as they abide by the laws of the land; in this case, state statutes and rules of criminal procedure. During Casey’s trial, her defense won’t have to prove she didn’t murder her daughter, guilt falls squarely on the prosecution. Prove it, in other words. In the meantime, the defense can do what it wants to diffuse the charges brought against her, meaning it could try to taint a jury throughout the state until a gag order is in place. Is it fair? Of course not, but it’s not illegal, and appearing on TV isn’t, either. Is the defense taking advantage of the present situation? You bet, but in all sincerity, is it really all that sinister?
Let’s say the location of a potential jury is demographically similar to Orlando and Orange County. Let’s say this area, because of the similarities, has a daily newspaper like the Orlando Sentinel and the requisite network television affiliates, ABC, CBS, FOX and NBC, including independents and radio stations. We can pick anywhere in the state, like Miami or Tampa or Jacksonville or Tallahassee. Why not throw Ft. Myers into the mix?
Eenie, meenie, miney moe, pick a jury, friend or foe.
Okay, let’s say Tampa. No, I don’t have a clue, so don’t ask. The population of Hillsborough County is 1,229,226 according to the 2010 census. The population of Orange County is 1,145,956. For the sake of argument, that’s close enough. Tampa has its own newspaper, The Tampa Tribune, and lots of TV and radio stations. I’m not discussing whether it’s too close to Orlando or not because, as you shall soon see, it won’t matter.
One of the most prevalent aspects of today’s world is that we are very much a global community. What just took place in Peoria, Illinois can be read and seen within minutes of the story breaking. We live in a digital world, and news travels as quickly as thunder catches up to lightning. Not only do we have tons of reliable sources available, we have a more powerful tool today - the Internet. I remember when small town newspapers offered communities intimate coverage of what was going on in their respective neighborhoods. Dora Holsopple made pancakes for her grandchildren after church services on Sunday. Mildred Holcombe’s dog bit the paper boy, Teddy Harvey’s son. Roy Kronk found the skeletal remains of a missing toddler. Odds are, you heard about the last one as quickly as I did, whereas, 30 years ago, you may not have heard about it at all. In today’s society, it’s darn near impossible to plug up holes that spill news and gossip from just about anywhere. That leads me directly to Casey’s defense. Remember, Jose Baez & Co. can do whatever it takes to free their client as long as it’s within the confines of law. Playing dirty may be an issue to you or me, but all things are fair in love and war - in this case love being Casey’s innocence, whether she is or isn’t. And while the defense cries foul over leaked information pertaining to their client, they are more guilty of doing it than anyone or anything else. To me, it’s more of a risk because if a jury is eventually seated, which should be the case, the defense cannot base an appeal on what they, themselves, did from the start. To me, it’s a big gamble. So is Saturday night. To understand the full extent of what the program probably entails, we have to wait until then to watch it, but meanwhile, in its description of a mock trial, therightjury.com states:
“A mock trial is a more in depth, formal, and extensive focus group which also tests the effect of opening and closing statements on the jury. In a mock trial, jurors will be exposed to opening statements, closing arguments, crucial witness testimony, and any evidence or demonstrative evidence which is important to the case. During mock trials, however, the attorneys play themselves, with one attorney from the firm playing the opponent and advocating accordingly. Should the attorney wish for his/her client and/or star/expert witness to be examined in front of the jurors, then the actual client and/or star/expert witness must be present.”
In Casey’s mock trial, she wasn’t present, but it seems so hypocritical, doesn’t it? While the defense complains about bad publicity, they go on national media exposés for the entire state to see. I strongly contend that they are doing their utmost best to taint a jury pool throughout the state for one reason only: to ensure that she will never be able to get a fair trial anywhere. God knows, media outlets are just about everywhere in Florida. So are antennas and cable channels. There’s also the Internet and satellite dishes. In my opinion, this defense knows exactly what it is doing. With so much at stake, Judge Perry said he would impose a suppression order before the trial begins. When? I say, the time is ripe. Slam the door shut! It’s getting stale. As much as I hate to see this sort of order coming for the sake of freedom of the press and what we are still allowed to disclose, there’s no better time than at the next hearing. This, on the precise Friday - one year ago - that Cheney Mason fired off a motion to dismiss the trial judge. Oh yes, I remember it well, but let’s not go there. It makes me gag.
Dave Knechel | tagged Richard Gabriel, Rodney King, The Tampa Tribune | in Casey Anthony, Caylee Anthony, Cheney Mason, Chief Judge Belvin Perry, Dave Knechel, David B. Knechel, David Knechel, Freedom of Speech, Human Interest, Jose Baez, Judge Stan Strickland, Marinade Dave, Marinade Dave Knechel, Marinade Dave’s Caylee Anthony Posts, Orlando Sentinel, Richard Hornsby, Roy Kronk, marinadedave | Share Article 
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Reader Comments (74)
Great Article. The CBS things makes me sick.
Hope you are feeling better. I left you a message on your email.
Thanks, Marsha. I feel better and then I don't. It's exasperating, but I always maintain a positive attitude. I did receive your e-mail, and I will take a peek tonight. I've been in a hit or miss mode too long because I've been more miss than hit lately.
I could not agree more. JP needs to slam the door on Baez and quickly. I am sick to death of their games. They laugh at a dead toddler. If their client were innocent all of these games would not be necessary. They know and so do all of us. Casey cooked her goose many moons ago. Wonder if the 31 day wait, tattoo, pole dancing and shopping was really worth her life.
If I lived in Florida I would be mad as heck that this worthless mother barely contributed to Uncle Sam and now she is mooching like she is a movie star.
Great Post! I hope you feel better soon. xoxo
Hi, Laurali - You mean to throw away the key, too? I'm sure when this is over and done with, you will never have to bother with any of them again. As for pole dancing and tattoos, all I can say is that I'm very glad I didn't grow up in this era of "friends with benefits" and butt crack tattoos. Pole dancing was strictly strippers and those were the women we never wanted to date.
Thanks for enjoying the post and wishing me well. I need to write more and ache less.
The time is nigh......GAG ORDER is neccessary! Great article Dave. I was also wondering, I read an article today about the Anthony's calling a plumber for some emergency work they needed done on July the 1st.. It was quite interesting to say the least. Apparently, this was when Caylee was still missing and the same time that Cindy Anthony was frantically trying to get ahold of Casey. All the phone calls she placed to Casey were in the nighand then Cindy and Lee went on a mission to find Casey.. The plumber made an emergency stop at the house and Cindy Anthony paid by check. Later, Cindy let Casey know when she was in jail, that there was water that leaked into Caylee's room and she had to replace the carpeting because the water smelled so bad. Why would she have felt it neccessary to let her know of a plumbing problem while her daughter was in jail for murdering her child? She also wrote the facebook note "My Caylee is Missing." at the same time. Do you have any thoughts on the emergency plumbing incident? I thought I would ask you since I intend on placing a "GAG ORDER" on myself until the trial!
p.s. I hope you're feeling well. It's going to be a busy summer!!!
Hi SageMom - To be honest, I don't (personally) put much credence in the plumber story. LE never made anything of it as far as I know, unless I missed something. When Cindy told Casey about the carpet in Caylee's room, she was most likely figuring Caylee would be back home soon. As much as the car smell put out signals of death, I think she chose to mostly ignore them. Remember, here's a woman who has possession of the cremains of her grandchild, yet part of her still believes the little girl is alive. Huh? Also, has the plumber been put on the State's witness list? If not, then a broken pipe was just that and nothing more. Of course, I'm always open to ideas, but nothing leads me to anything else.
Thanks for the well wishes regarding my health. Yup, I'm hanging in there.
Great article, Dave! This defense is doing everything it can to taint the jury and it will come back to bite them. There is no way that they can complain that they can't get a fair jury when they are the ones that are out there doing all the media shows. I have no desire to watch 48 Hours because it will be nothing but lies and it will be slanted towards the defense. I thought Richard Hornsby's post was great too. I hope JP puts a gag order in affect soon. Thanks again for the article. It is appreciated.
Hi Mary Jo - Yes, of course this defense is going to try every trick in the book, including dirty ones. Look what they did a year ago! That's the BIG ONE that might come back to bite them very hard. I will probably watch the show because I want to remain objective. I want to see just how slanted it is.
Thank you for being so kind. I really appreciate you, too.
I'm glad to see you back!! I hope whatever illness you have is easily remedied...
As for Mr. Hornsby's recent entry i will post here what i posted there. As i read your entry, Richard's and Hinky one thing i am reminded of is what the Defense was insinuating last week. He continued to ask about media leaks and who was behind them although no one came out to say that it was they who spilled the beans I am reminded of similar things. Although they seem to be comparing apples to oranges but please bare with me.
It is not uncommon for an adulterer to accuse the other spouse, who is innocent, of committing adultery; often times to clear their consciousness. IMO, Baez was searching for someone to blame for media leaks and with what is being hinted it is apparent that Baez has a guilty conscience and is pointing fingers when its actually him with his pants down. It wouldn’t be surprising if this is the angle he pursues, using a jury consultant to spin another story but brokering a deal with CBS and 48hour Mysteries then it would seem that they create their own issues regarding an impartial jury therefore the request to change venue would be considered moot in my opinion??
This could spell disaster for team Baez as if their client doesnt do a bang-up job herself.
Thanks, BMan, I'm glad I'm back, too. I would like nothing more than to kick whatever is wrong with me because it's a real drag.
You know, even if the defense isn't responsible for all of the leaks, to criticize others while doing the same thing is completely hypocritical. Rubbish!
I know exactly what you mean by adulterers accusing their spouses of infidelities. It reminds me of those idiots who accused me of being drunk all the time. And still smoking. They assume that just because they do it all day and night, we must be doing the same thing. Like Casey's defense, they are, shall we say, intellectually challenged. Pickled, in other words, only Casey's team is in a real pickle on this one. Call Baez the smirkin' gherkin.
Hi Dave, oh it is so good to see this post. I know you have been going thru a rough time, healthwise, and it makes this article so much more appreciated.
I will be watching CBS 48 hours because I want to see what they will air. Will it be as biased as we anticipate? We will never know unless we view it and weigh the odds.
Richard Gabriel, the unshaven Jury Consultant, and Mr Gabriel with the beard sure looks like one and the same. The sunken eyes and the noses are the giveaways. JAC would not pay for a jury consultant and then a Richard Gabriel ends up visiting Casey in jail along with Baez, Finnell and Barrett and all in the same time slot. They stayed for over an hour that day. A Jury Consultant must be employed by the defense in some capacity for there to be an attorney/client privilege. If this was not the case, then the attorney/client privilege would have to be waived during that visit at the jail.
Now, if Gabriel is working for Baez pro bono ( which is a laugh and a half) Richard made some great points about this same Richard Gabriel and what he may have divulged to CBS. I think we are going to see the chit hit the fan before this is over....to be cont'd
We may see more than chit hitting the fan, Snoopy., by the time all is said and done. It seems this defense likes to skate on thin ice, and as we approach the trial date, things are getting hotter every day. I must say Hornsby's post sure was enlightening. Let's see how it pans out.
I'm glad to be back, by the way, and I hope I can stay this way. There's lots to discuss and even more to write about. Thanks for caring and being there. I know I can always count on you for help.
Happy to see that you are feeling better Dave. Please take care of yourself. We need your wonderful writing for all the upcoming hearings and the trial.
You are doing a wonderful job.
Thank you very much, Yvette. I am happy I'm feeling better, too, and believe me, I am trying to take care of myself. Sometimes my body disagrees, but don't worry, I will be writing about the hearings and I intend to be as diligent as possible during the trial.
I don't plan on watching the CBS piece because I know it will just upset me. It is absolutely inconceivable to me how any jury, mock or otherwise, could possilby acquit Casey Anthony given all of the evidence, circumstantial and otherwise. I think it must be that there are some people, who were apparently on this mock jury, who think it makes them "smarter than the average bear" to not believe the plain and obvious truth presented to them.
Despite anything and everything the defense is going to try to do to get Casey Anthony acquitted, I feel in my gut she will be found guilty (by the real jury) and sentenced to LWOP.
Hope you get to feeling better, Dave. And congrats in advance on your news - can't wait to hear what it is!
Hi LisaT - Knowing my schedule these days, I'm liable to fall asleep half way through the program, but I think I need to watch it to be able to reflect on it later. Besides, our new attorney general, Pam Bondi, will be on to give us another perspective.
I sure hope I get to feeling better, too. This is the pits sometimes. Thanks for caring about me, and I will let you know my plans as soon as I am given the green light.
Who paid the taxes on the monies paid to the Anthonys for pictures? Hmm,,, Wonder how that went..did Casey receive money, and then pay Baez? Did mom and dad receive monies, and then pay Baez? Someone owes taxes here..
I am so tired of the idiotic actions and words, motions and arguments.
Dave..I hope you feel better soon. We have been passing strep back and forth (my voice has been gone for 3 weeks..no one is complaining though!!), allergies, Sam has a bad cough and sinus thing.. Josh had a stent put in his femoral vein this week(baby heart surgery complications from the early 80s)..the joy never ends.
I don't know anything about taxes on that money. No one does and it seems no one ever will. The court is keeping that under wraps and I doubt it will ever be divulged.
Thanks for wishing me well. I used to get strep throat all the time when I was young. Then, it stopped and I never got it again. I still have my tonsils, though, if that makes a difference. My voice goes in and out, but it hasn't been normal for years. One would think that quitting smoking would help, but it hasn't yet. That was three-and-a-half years ago. I had a probe put in my femoral artery last February (2010) and my blockage was not quite enough for any stents. It's coming, though. I hope Josh is doing much better now.
Great Post Dave gathher your strength for the comeing storm......
Thank you, ecossie possie. A big storm is brewing and it's going to rain on someone's parade. Gee, I wonder who that might be...?
Excellent post Dave.
Thank you, Newbie. It's been awhile since I wrote anything, and I was afraid of coming back stale, hence stalemate as the title. One of those double entendre thingies.
Ecossie~~we have to stop meeting like this, Matey! Will you be watching the CBS program or can you get it where you are? I am sure it will be on youtube as well as all over the internet news outlets.
I have been trying to figure out just what the defense is up to by bringing in Drs Danziger and Weitz. I probably spelled their names wrong. They want them to testify in the guilt phase of the trial but the state wants to put the kabosh on that. The defense motion stated they want the doctors to rebut the statements that were contained in Judge Perry's Order.
Once again, the Anthony defense seems to find themselves in the middle of a sticky whicket of their own design.....which makes me wonder.....is there a method to their madness or are they really just that bad at foreseeing the consequences of their choices? I tend to think the latter but I guess we just have to wait until this case is resolved to know for sure. Of course there is that other possibility....that they are having "FUN" gambling with not only their client's freedom but her life as well ! UGH!
I too found Richard Hornsby's take on the defense and their choice to involve themselves with this CBS "project" very interesting. Wouldn't that be something if they have effectively sold their attorney/client priviledge by including Richard Gabriel in this 48 Hours episode ? Gabriel himself says that he is working with the Casey Anthony defense. I understand it is legal for him to work on the case for the defense pro bono, but once again this seems to be another decision that's likely to backfire. ~SIGH~
I realize my comment is pretty much echoing your post but I appreciate the opportunity to vent.
Hi katfish - I trust that all is well in your pond.
I often wonder if there's a method to their madness, too. Could they act this way so when the trial starts, they'll surprise the State? If not, then they are playing a risky game as you said. This is a matter of life and death.
Hornsby's piece is very thought provoking and it proves he knows his business. The one thing I do wonder about centers on Gabriel and who he works for. Okay, pro bono is fine for the defense, but that doesn't mean they own him. In other words, suppose his mock trial was financed by CBS and it was strictly a deal made between him and the network. Is he obligated to work foronly the defense? No, I don't think so. That would also mean that, on paper, the two jobs are separate and, legally, unrelated. So far, everything that's been thrown at this defense has been deflected. I don't know, maybe they're not so dumb afterall.
Hey! Take all the time in the world to vent. That's what blogging is about, isn't it?
Dear Dave you have been missed and i am so sorry to learn you have been under the weather. I was worried about you, when you aren't writing. The new article was worth waiting for. This trial is going to be a long hard one, so your health takes top priority. I am a little disappointed in Finnell and Simms if they are going along with Baez and Mason deceptive ways. Linda Kinney Baden was probably a key player in setting up this 48 hours program. She has had a major facelift and overhaul since she was in Orlando. She may still be leading Baez. Mason must have been filling Casey in, in court last time. He looked as though he was waiting for her to come through the door and escorted her to her chair and then they had this long conversation and Casey was having a blast. I can't wait for this train to derail with all of their devious tactics. Loved the article and am waiting for the surprise. Patience, patience,patience. Take care and God bless.
Hello, Margaret, my dear. Yes, I've had some rather bad days of late, but my spirit is always high.
I know I've had a couple of conversations with Finnell, but not Sims. Finnell seems like a very nice person with lots of compassion. I don't think either of them interact with Baez and Mason on every motion or discussion about the case. I'm sure they have more on their plates than just this one. I do agree with you about Kenney Baden, but I doubt she is as close today as she was when she worked for the team. As for Mason, I think he looks at her as his pseudo-grandchild - her protector. I don't know, but something tells me he's a very good grandfather in real life.
Thank you for waiting for this post. I'm greatful you really liked it. Also, thank you for your kind words regarding my health. Every little bit helps. You take good care, too, and may God bless you as well.
I would like to know where they come up with these jurors for the mock trial. How did CBS solicit for them? Are they all from Orange County? Do they belong to some amateur actor's guild? Did they have a pre written script?
I need answers. TIA
I don't know offhand, Snoopy, but I can try to look into it tomorrow. Tonight, I'm just plum worn out. Msybe I'll call CBS tomorrow.
Casey Anthony: Why boycott ‘48 Hours Mystery’?— posted by halboedeker on April, 13 2011 9:45 AM
Quote:
Generally, you need to watch something before you criticize it. Don’t you want to part of the discussion about what the CBS newsmagazine presented?
snipped
The prosecution isn’t talking to CBS, but Florida Attorney General Pam Bondi is. That’s a mighty interesting twist.
End of quote.
Casey's visitors on 07/30/10..........notice the time slot and how long they stayed...
Inmate: Anthony, Casey Marie, ninth one down
Dave,
Every one of your posts are better than the last one......they just get better and better.......you were born to write and those of us that follow your blog are extremely lucky for the privledge of doing so. Your posts are not filled with hate and slams, they are filled with facts that makes one think.
I am going to watch CBS and their comedy/satire program about Casey. I want to know just exactly what is being broadcast. I want to hear their spin on the facts. No matter what they want to broadcast I can't see anything they want to say or insinuate as having any effect on a thinking public. I can't challengee what I don't know, so therefore I will watch.
Dave, what ever it is you are going thru at the moment I certainly wish we all could kick it in the butt so you get back to yourself. I know diabetes is a harrowing desease but from what you have said I believe you take care of yourself by following your diet and taking your meds. And keeping a positive attitude is a necessity. Keep on the straight and narrow as far as your health is concerned. None of us want anything to keep you down, Not just so we can read your blog, but because you are a really great person. And we are all lucky to have met you thru your posts.
Take care of yourself!
Really, Carole? Thank you. I sure don't like writing hateful posts slamming others, and it's nice to be recognized as being fair.
I agree with you about watching 48 Hours Mystery. How else would we know what the challenges might be?
As for my health, I don't know what the problem is. I don't have a flu virus. I don't think I have a cold, either. It's some sort of malaise that seems to drain the energy out of me. I did start on a new medication and I'll jut have to wait and see. That you are very concerned about my health is endearing, believe me. I know you and many others do care about me and that's extremely important to me. It's uplifting, as well. Thank you for that. Trust me, I am lucky to have met you through my posts, and that means a lot to me. I promise I will take care of myself. Now, it's time for bed.
Smirkin' gehrkin....lol. Good one Dave !
Hah! I'm glad you caught it, Newbie. Thanks. I don't know where they come from, but this one just popped in my head. It made sense.
Yeah, what Carole said, if she doesn't mind my ditto to her comment! She just said it so well!
I will be watching the show if nothing keeps me from doing so. I'm curious. I am hoping that CBS will do the right thing by Caylee and hold off on airing the episode until after the jury is picked. Hopefully, it won't take long to get the jury together and then CBS would be able to air their show during sweeps week.: )
Do take care and get plenty of rest~
Hi Sherry - Thank you for caring so much. You know, in the blogging community, we go back a long way, and that's a good thing. I will take care of myself, I promise you. Speaking of rest, it's time for me to go to bed, but first, I must say you're right about airing the program, but I doubt if CBS will listen to any of us. They know how popular this subject is, and millions of people will still watch it. Oh well, it is what it is.
Another Ditto to Carole's comment and Thank you, Dave, for writing a great article even though you've been feeling so lousy. We all love you and are hoping you feel better soon!
I will watch the 48 Hours just to see what the defense tries to get away with this time. Unreal!
They honestly have no shame or common decency. Yes sir, time for a good old fashioned Gag order. A bit overdue, apparently.
Thank you again, Dave!
Hi Suzanna - I sure do appreciate your concern regarding my health. Thank you for that and for complimenting my writing. This is what inspires me the most. It's nice to know I am loved. That means a lot!
As for the defense, if there is a positive message in it, it will most likely fall on deaf ears.
Well, I'm off to bed. Thank you again. It's great to hear such encouraging words.
Thanks for the new article Dave. It was worth waiting for as usual. Take care of your health. Since you're still feeling "off and on" let's all hope the talk with your doctor brings you some kind of relief in the form of meds adjustment.
I think it's a little late for Judge Perry's gag order. At this point it would be too little too late. I got the feeling he was imposing it just for the jury selection. All the prosecution has released so far to the public seems to be what is required under law. I have yet to see them on a show like Dateline or 48 Hours. That's all been the defense. I have a feeling this show will backfire royally when it comes to jury selection though. That mock jury panel didn't seem to consist of people who would be considered Casey's "peers". I put that in quotes because I doubt we'll see a jury of her peers. (12 mid-20's women who are mothers of 2 year olds). Her peers as defined in quotes would convict in a heart beat in my opinion.
I plan to watch 48 hours because I've watched it regularly for years and I have noticed only the most problematic and most outrageous clips get aired as previews. After that it's all downhill. The show could be pro defense but look at it in general. Who did we see on the preview that is still with the case? I think it's just another way for Baez and co to get around the JAC and get some pay somewhere. I don't buy the totally pro bono schtick. I imagine a lot of us, lawyers and lay people alike would love to see where that first 200,000 went. In the long run, all this will do is go against Baez if Casey gets convicted and publicity ever comes up on appeal. The "too much publicity" reason has become less and less effective as technology catches up. The last one I ever saw where it succeeded was the Sam Shepherd case in Ohio back in the 50's. I think he's trying to taint the jury pool and since the judge is keeping it under wraps where he's going, Baez and co just decided to cover everyone at one time.
Loved Hornsby's article. It does give you food for thought doesn't it?
My pleasure, Connie. My doctor wrote me a prescription for a different insulin, but I still have Lantus left. He also put me on a new med that eases the pain seems to help somewhat.
It may be a little late for a gag order, but what's that old saying? Better late than never. Last year, I sat on a mock jury and we heard an actual civil case. We had to listen to both sides and then discuss it among ourselves, Of course, we did get paid for it, plus lunch. It was an interesting experience.
You may be interested in knowing what a "jury of peers" actually means. Although not in the U.S. Constitution, jury selection means to not exclude anyone of a particular race or intentionally narrows the spectrum of possible jurors. It doesn't mean that women are to be tried by women, Asians by Asians, or African Americans by African Americans. Peers are merely equals. Jurors should include a broad representation of the population, particularly with regard to race, national origin, and gender.
I'd like to respond more to your comment, but right now, I am doing everything I can to hold my head up. Tomorrow is another day.
This is from the Sentinel by Mr. Boedeker.
Casey Anthony trial: Focus group 'acquits' Anthony on CBS show
Quote:
The program's unusual approach is "shameful," said Al Tompkins, an instructor at the Poynter Institute, a school for journalists. "We have a system in the United States that works pretty well. It's a system of discovery, of hearings, of cross examinations, and it's worked pretty darn well for a long time. We have no business trying this case."
End of quote.
CBS paid $20,000 to Geo and Cindy Anthony for licensing fees for pics and Videos of Caylee. They can run them again without paying any extra fees.
Here are a few excerpts from the Orlando Sentinel re CBS 48 hours.
Defense attorneys Jose Baez and J. Cheney Mason are interviewed in the hour. But they were not involved in the focus group, although they know the outcome, CBS News said. Details about the focus group will be revealed on the show at 10 p.m. Saturday on WKMG-Channel 6.
Zirinsky estimated that 95 percent of the new show was filmed since late February. No one from the prosecution is interviewed, but Florida Attorney General Pam Bondi supplies a view to counter the defense.
The new hour draws on old interviews with George and Cindy Anthony, Casey's parents. There are no new Caylee photos in the hour, and CBS News paid no new licensing fees for material, Zirinsky said.
On 48 Hours, LKB says Casey lied! BOMBSHELL! LOL! I always wanted to "say" that!
Casey Lied
"In the interview, which airs at 10 p.m. Saturday on Local 6, Kenney Baden also said Casey’s 'actions have been her own worst enemy.'"
OFF TOPIC!
I just discovered how to subscribe to updates. When you log in you will see your name in the upper right hand corner. Click on your name and you will see a drop down menu and click on subscribe to this page or something like that. Weezie, I hope you see this! You have to renew for every post. I'm so happy! I won't miss a comment ever again! LOL!
That's good to know, Sherry. From my end as the administrator, I don't see that, or maybe I just haven't noticed it. Thanks!
Ahh Dave, your health is more important than any reply to a post of mine. I do agree about the "jury of her peers" remark and the definition you gave. I guess I was being snippy about the very idea that 48 hours could get together a mock jury made up of professionals in the legal field (if that's what they did) and have the world think it would be a typical jury listening to this case.
Ahhh Snoopy you hit on what I've been saying when you said 95% of the show was filmed since late February, that none of the picture are new, and that it draws on old interviews. So the only thing new is this panel they've set up, and that's done for ratings. I want to hear the question following that one where most of them stood up.
There goes another remark of mine Dave.. Baez and co. didn't get paid for the show lol. If the attorney/client privilege was waived inadvertantly because a former jury specialist looks like one of the guys on the show, I imagine it will be a surprise to Baez. I have a feeling what with all the people coming and going from his side of the case it's been hard for him to keep track of all of them. I would imagine this jury consultant signed a contract of some kind and could be held liable if it was him and he breached that privilege in some way.
See Dave? You had Snoopy.. she set me straight without intending to on the money issue. Take care of yourself. Don't put yourself into the hospital trying to keep up with this blog and court appearances.. none of us would want that.
Yes, Connie, my health is much more important than anything else. About 48 Hours, the network only showed a couple of clips of the full program and it's normal to use the best material to promote it. I doubt if the whole thing is a slant for the defense. Even if it is, we can decide for ourselves wht we want to believe and what we don't. I want to watch it because I may get a good laugh out of it, or maybe not, but I do intend to watch it. Then, I can make my determination.
Trust me, I DO NOT want to end up in the hospital again. Two times in one-and-a-half years is way too much for me. Thank you for caring about my health. I can feel the vibes.
Dave, you keep outdoing yourself. Very astute piece of work here and clarifies a bunch of things. Very sorry to hear of any health concerns though, after all you've been through already.
Me, I wouldn't dream of not catching this show- but I'm going to be recording it and skip through all the ads- Take that, CBS! Problem is it's not exactly a Win for the Defense is it, since it doesn't count for squat and only involves some of the forensics aspects. This is a circumstantial case and MOST ARE! So CBS gets to play Devil's Advocate and gets a whole lot of viewers and the Defense gets to utilize whatever Linda KB has done or is doing quietly for them, and they get to test a few things out ahead of time. But it also gives the Prosecution a dandy view in as well, and that would be all to the good in this case. Plus their side can now act justifiably aggrieved (as though they don't have enough cause now)!
Until Perry makes all his rulings we will have no real idea what the defense will actually be. They can send up any smoke signals they want and float out whatever trial balloons, and then take it all back during Opening.
Hi Karen - I'm going to do my best to stay up, but it doesn't air until 10 my time and that's late for me. I will have to keep myself busy until then. I agree that the program won't mean squat to the court, but I'm afraid it may help taint a jury pool. Let's say the judge does have the power to black it out of Florida. Okay, but what about the Internet? He can't control that any more tan idiots can think they have a right to remove someone from blogging or appearing online. By hook or by crook, that show will air and I will do whatever it takes to watch it. Of course, like you, I could record it and watch it the next day. In my opinion, the show will put an end to the defense whining about leaks because they do it tenfold.
Thanks! I'm glad you think I outdid myself, but I don't think so. I'm too modest. I do hope my health is better by the time the trial starts. I've got work to do!
First of all, Dave & Dadgum, my heart is with both of you, as are my prayers. Things have been hectic around here, so time doesn't allow me to post much, but I'm always thinking of you, both of you, and yours. You and your parents, Dave, and you and your husband and children, Dadgum. God be with you.
You know Dave, I'd rather have seen this particular article than something on Frye. You will get to that, I have no doubt, by and by. When you're feeling better will be the right time.
For the moment this upcoming 48 Hour special is of utmost importance, and like everyone else I so hope Judge Perry addresses this matter, tomorrow, with a big fat GAG order. It's long since passed time for someone to shackle the shenanigans of this defense, and in particular Baez who has proven himself to be as deceitful and conspiring as Casey. Surely he's pushing the law and Judge Perry to the absolute limit!
Surely the Florida Bar is watching very carefully. Hopefully his attempts to have these two mental health experts testify on behalf of Casey will backfire. I'd so love to see Casey take the stand! As astute as Mason is, I doubt that will ever happen. He knows well what he's doing and do anything that would run the risk of putting Casey on the stand. Hopefully Judge Perry will be able to seat an impartial jury, but the possibility of that looks mighty grim to me right about now. This case has drawn media attention worldwide, how much more so any where in Florida? And just what would be were an impartial jury unable to be seated? The mere thought of that is downright SCARY.
Take care of yourself. And oh, by the way, Peggy, it's so nice to see on the board again. You've been missed.
Hi Feathers - It's great to see you! Thank you for your thoughts and prayers.
As far as I know, Judge Perry is powerless to stop the show from running. There are way too many ways to view it because the majority of Florida residents have cable or satellite service, and if he can't stop that, what's the point of killing the antenna signal? I think the best bet would be for him to explain to the defense that, with the airing of this show, they can no longer cry foul about leaks of any kind to the media. In the long run, it would be a better end because they could never use leaks as an appeal excuse. To me, that's adding more icing to the Casey cake. Sometimes, this defense shoots itself in its foot to spite itself. Go figure.
You know, we all need to watch 48 Hours to better understand what CAYLEE is up against here. We, along with the State of Florida, are her voices. We can better help to defend her if we know what's being said.
Have a great day, all!
Okay, you all have convinced me to suck it up and watch the CBS special. I'm going to need a glass of wine or 2 to stomach it, though!
You know, after hearing what LKB said, that everyone knows Casey lied about a nanny, it really confirms to me that no one defending her actually believes anyone else was involved with the death of Caylee but Casey. They are just saying you can't prove it was murder.
There you go, LisaT. It wasn't that hard after all. I will watch it because I should. I may want to write something afterward and I can't do that by ignoring it.
Bingo! All the defense has to do is negate the circumstantial evidence and instill a modicum of doubt in the jury's minds. The state has to prove she did it and the defense has to show the evidence id flimsy at best.
Former defense attorney Kenney Baden's comments in the up coming 48 Hours Mystery is assuring that any potential juror who has exposure is aware that Casey lied about the nanny, and that she's her own worst enemy. It's a way to soften the blow if you will. I'd love it if one of the questions of JP's jury questionaire is "have you watched the 48 Hours Mystery program?" and automatically disqualify based on that little disclosure.
This DT is painting themselves into a corner. From the 48 Hours teasers this appears very slanted toward the defense. From what I understand a mock jury or "focus" group is intended to provide an unbiased platform to enlighten the defenses cracks and holes in the pending trial. The arrogance of this DT is sometimes too much, it will backfire.
Pa Pa Jo Jo had better brace himself.
Gag...
On a personal note, a little bit of Dave goes a long way. So pleased that you were up for writing this article. Must be difficult to try and manage all of this when your body isn't cooperating with you. Thank you for all you do and your unbiased slant, as always.
Red
Dear Dave,
I am still here and reading. Your article was great. Your friend always, Martha
Well, there you are, Martha. I was waiting here for you. Thank you very, very much. I am glad you enjoyed my post. You sure are a sweet person, and that's why I will always be your friend, too!
It didn't occur to me until you mentioned it, Red, but I absolutely agree that is why LKB announced that yes, Casey lied about the nanny- to soften the blow, as you put it. They are conceding to the obvious. So why not go ahead and also admit that ok, yes, it is obvious that Caylee's body was decomposing in the trunk of Casey's car? That is every bit as obvious.
LisaT, IMO it's difficult to wrap ones arms around the defense strategy
I'm one of those people who can't afford cable and my sleep hours are so messed up it's hard to say if I'll be up or asleep when something is on, so I've gotten into the habit of watching the shows I want to see online on the station's web site. Here's the link for CBS 48 Hours if anyone misses it. Sometimes it goes up right away sometimes not.
48 Hours website
Thanks for the link, Connie. I'm sure there are plenty of people who may not have a chance to watch it Saturday night. I sometimes watch Blue Bloods online since it airs at 10pm. On occasion, I am sound asleep by then.
Okay, I timed out after trying to edit my comment. Thankfully, I have two computers. Lol...
LisaT, it's been difficult to wrap ones arms around the DT's strategy, IMO they don't have much to work with here. I didn't see your comment before posting mine, it's a comfort to be on the same page in this crazy library.
It's obvious to me that a decompositon event took place in the trunk of Casey's pontiac, but we'll have to wait and see what the HJP allows in from the Frye hearings. They found ONE of precious baby Caylee's hairs with a death band after both Mr. and Mrs. Clean tampered with that evidence. One is all it takes. I'm hoping that JP allows Dr. Vass's testimony, but since it's considered relatively new science I have my doubts. The smell of death reported by witnessess ought to be compelling to a jury. The stain the form of a small child in the fetal positon on the trunk lining is somewhat alarming and may suggest that Caylee was indeed stored in the trunk before being tossed in the woods. However, I don't feel the DT is going to have an advantage by admitting the obvious where the forensics are concerned.
To this very day, I cannot comprehend WHY George and Cindy didn't alert LE when they got to the tow yard and discovered that terrible stench coming from the car. How George drove that car home is beyond me for so many reasons. Can you imagine?
Other tid bit, blowflies.
IMO
Red
Dave et al,
So happy that you are back to writing. You have been missed....
I am wondering how CBS is reacting to the public opinion that this is gross social irresponsibility on their part. I haven't decided if I am going to watch it..........
Be well.
Hi ya Dave,
Been lurking once in awhile, good to read you are doing better.
I also enjoyed your post, great info as usual.
Hello Ladies from the other site, olden days, lol
very nice to "see" you all here and looking good.
Best to you Dadgum...
Thank you cali patti. I hope all is good in your world. It's always a pleasure seeing you. It's nice to have good comments, too.
Sides Clash Over Casey Mental Expert Depos State, Defense Battling Over Whether Information Should Be Released
This is really a strange aspect of the case. There's something the State is adamant about keeping out of the trial. Something tells me tomorrow is going to be a sidebar kind of day.
Dave--
Sorry to hear that you're still not feeling 100%. You used the word malaise. I hope you don't have something along the lines of Epstein-Barr. Have the doctors checked for that? Or do they feel it goes hand-in-hand with your diabetes? I hope you find out and can begin to mend soon.
I'm starting to feel so uncomfortable with this case. The 48 Hours program-- apparently a Baezed mock(ery) trial-- will surely taint the jury pool. And on some of the other boards out there, I'm beginning to see a whole lot more pro-Casey commentary. And now, Linda Kenney Baden's statement that the nanny story was a lie (NOOOOOOO!!!!)!!!
Do you think that Baez let Casey sit in jail all this time only to begin the trial by telling the jury that Caylee's death was an accident and Casey couldn't bring herself to tell her mother? That yes, she put the baby's body in a bag in the trunk and discarded her hoping that her parents would think that someone else killed Caylee? If that is to be the case, why wouldn't it have been admitted a long time ago? Wouldn't she be out by now if that truly was the case?
Just wondering what you (and everybody else) thinks.
Thanks, and PLEASE be well!
Hello PKRaddock! I looked up Epstein-Barr and I doubt I have that. I had mono in college and my doctor told me then that if I ever get it again, it could be leukemia related. The thing with mono and leukemia is the drop in white blood cell (WBC) counts. Throughout this problem I've had, my WBC has always been in the normal range. It's my red (RBC) counts that are below normal, along with platelets, hemoglobin and hematocrit. So far, nothing has been found, but I expect to have new tests done in a few months. Meanwhile, my official diagnosis is chronic anemia and thrombocytopenia. Hopefully, further testing will tell me something else, but I can say that it is not related to diabetes, so my doctors have told me.
I am surprised other boards would be switching sides and defending Casey. Certainly, everyone has a right to believe what they want and I see no problem with people who think she's innocent, but what surprises me is that some people would do an about face. That's unusual, to say the least.
Do I think Casey would sit in jail all this time? I know I wouldn't, but Casey is a very strange individual. There are people who lie, and then there's Casey. I think she perpetuates lie after lie after lie until she confuses lies with other lies and lies again. Then, she starts believing herself.
Time for Jeopardy! Thank you wishing me well. All I can say is thank God none of my siblings are having health issues like me. I thank God it IS only me and I want it to stay this way.
Good evening Dave, I hope today was a good day for you. I am really sorry that you are still having bad days. Hopefully you will start to feel better.
I agree it is time to shut the door and shut the Defense up, time for that gag hearing to be in place Judge Perry. They are going to take every advantage they can to spoil the jury pool, unless he does so.
Get some rest Dave, I am worried about you.
Oh, Peggy, I don't want you to worry about me. This is something I have learned to live with, and that means both good and bad days. At least I know it's not leukemia, and some people have chronic problems like this. Of course, having diabetes with complications doesn't help, but I'm not worried about it. Obladi Oblada.
Yes, it's time to slap the defense silly and slam the door shut.
Thank you for worrying, but I promise, I'll be fine.
The Pipitone story was a 4th of July (2008) photograph showing her happy and smiling.
And just how will the defense explain that one photo away, hmmmm?
Ugly coping? She sure does look like she's coping, and not being ugly about it.
Er, "happy and smiling" and drinking a beer- oh, and how cute would the cameraman have been? Her eyes just buggin' out...
I can hear it now... "Your Honor, my client client was so devastated, her instincts kicked in and helped subdue her anguish and pain. Psychologists agree that this is normal reaction in trauma victims."
Did he get the photograph from the defense or was it released in some documents? They are going to have a hard time explaining that photo away and a lot of other things. I can't wait to hear what they try to sell to the jury.
The photo in question was recently turned in to LE. The report gave the photographer's name as Will Waters, which I am not familiar with. I think the photo will show Casey's demeanor after Caylee disappeared and it will hurt the defense, but I don't think it was a story that was worth all the hype.
I hope before that photo was turned over that it was given to the defense and is part of a document dump, otherwise it may not be able to be used in the trial. Now you know that when there is a lot of hype about a story that it probably isn't worth staying up for.
It sure was a disappointment. Although it will help the State, Casey's old friends are going to testify, UNDER OATH, that she was a real party animal, so there's nothing new except that it's physical proof, I guess.
I think the point about this photo is that it is defense-less. The other photos can be explained away-like the Fusian photos were staged or posed to highlight the club-it was part of Casey's job. Everyone at that party will testify against Casey. LKB was right-Casey's actions are her own worst enemy!
I agree, Sherry, but in my opinion, that picture did not rise to the level of the hype that was attached to it. I don't have a problem with it because that's what TV stations do. They promote their station, but if the picture had been released along with other documents, i.e., a discovery dump, it would never have taken on the same magnitude.
I turned off commenting. Someone alerted me to a problem and I can't look into it until I return from the hearing.
Dave, I thought it was a good hearing today. Well, let's say it was a good day for the state. Thank goodness the defense withdrew Dr Danziger from both the guilt and penalty phase and Dr Weitz from the guilt phase. I don't know where they were going with that one. I think Mason advised Baez that they were just beating a dead horse. It looked like Judge Perry would have denied their motion anyway.
Yes, Snoopy, it was a good hearing. I think the objections the defense made were legitimate, but so were Judge Perry's decisions. No doubt, we're coming to the end of the road and the defense will continue to hit potholes until then. I'm going to try to write about yesterday's hearing. I'm looking over my notes right now.