Stalemate?

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.

Comments

[SnoopySleuth]

I must say that I was surprised the heart sticker was denied. The judge denied it without prejudice but I don't really think the defense will pursue it anymore. Both the heart sticker and the tatto will be added to the chain of evidence and help to portray a cold and callous murderer.

I guess you are going to keep me working overtime at my blog while you prepare for that big announcement huh? I heard rumors that I stole your blog. LOL Oh what are friends for anyway! I may be charged with grand larceny don't you think? You did say I was a poacher. If it is not tied down, I figure it is up for grabbing. Now I best go take care of my booty before you come and steal it all back.

It was good seeing you in court today, my friend. xoxo

My guess is that the trolls who made that lie up don't trust anyone, including themselves, so they wrongfully ASSume the whole world is like them. What idiots. No wonder they decided to follow this case. They see themselves in Casey - deceptive, psychotic, narcissistic sociopaths.

I'm glad I made it to court. It was an interesting hearing.

[Feathers]

You were in court, yesterday, Dave? Does that mean you're feeling better? I hope so.

I wasn't able to watch until after the fact and then only kept half an eye while making supper, so missed you. Every time I looked up there was Baez it seemed, and there is only so much of him, and Casey, that I can take these days. He seemed so ill prepared that if he were a fish he would be a flounder, if you get my drift. ;-)

The heart shaped sticker is in. Thank God. I'm curious to know though why no mention was made of the heart shaped sticker that was found at the crime scene, stuck to a piece of cardboard, wasn't it? Casey's got a "thing" for hearts, and she's sure playing up to the hearts of Baez and Mason, isn't she? A touch here, a squeeze there. If they aren't allowed physical contact in the jail why are they allowed it in the courtroom?

How much do you want to bet that Baez was shaking in his shoes when the subject of the mental health experts, who never tested or otherwise examined Casey, came up? I yet hope she will take the stand. Do you think we'll hear anything from her, like during the penalty phase?

I do hope you're feeling better, Dave, and Snoopy the way you and Dave share information, and blogs, benefits us all and we are most grateful. Nan could use a raise, or at least a box of chocolates. She deserves it.

Katfish, if time allows I'll be by your pond. In the meantime all, have a great day!

I did feel better yesterday, Feathers. Thank you for your concern.

I'm writing an article about yesterday's hearing, but I will say that I didn't think Judge Perry would grant the defense most of their objections. Unfortunately, there were several sidebars and a recess that took them into the jury room for a converence of some kind. The fact that Casey was included says something, and I will try to address it on the new post. To the best of my ability, of course.

I agree with you. We do work hand-in-hand and Snoopy's blog has turned into a very popular destination. I think it's great! She has a lot of incredible people adding some wonderful information and it's about time. She's a very dedicated person.

[Karen C.]

Well, Wow, the good Judge keeps taking more planks away from Jose and Cheney- not much left to cobble together a Defense with. They promised her a big ole mansion and they've only got enough for a doghouse...

[Dave Knechel]

Red - This is the comment I left below your comment. It refuses to show, but I did put it on your 4/15 comment:

Hi Red - What LKB has to say on the CBS program must be some sort of spin from the defense. I know she left the team and all, but there's still that attorney/client privilege thing going on, so it must have been waived. Why? To spin the yarn. At least, that's what it appears like on the surface. Time will tell, but I just don't see this as any benefit to the defense. I do try to keep an open mind, but this program has me shaking my head. What good it will do, I don't know.

A little bit of me goes a long way? That's a nice thing to say. Sometimes, I'm not up for writing, but I know I need to do it. So I do. Thank you for your kind words.

[Beast]

How is all this adding up to the "a-ha" moment Baez promised would be coming? It is obvious they are doing anything and everything to try and throw out evidence, get around the law, and try and get Casey "off". However, none of that has anything to do with Justice, or the truth. Yes I know that a defence attorney is supposed to do that, but it's not right. If you have not seen "the death of caylee anthony" part 1-15 then you should it goes through the whole story from start to now and has some things I had not seen before. None of it sheds any light on Casey's innocence. In fact, just the opposite.

It may not be right in a lot of people's minds, Beast, but that's the way the wheels of justice turn. If you could supply a link to what you mentioned, I think we would all like to see it. Thanks.

[Amber from Maryland]

Hi Dave,

I am glad that you seem to be feeling a little better and I can’t wait for the news you promised to give us some time next week. I tried to send you an email a couple of days ago about a treatment I am taking that might help you some day if you have any cardiac issues.

I really enjoy reading your articles and all of the comments. I feel as if I am with a group of friends when I visit your blog spot. I am looking forward to watching 48 Hours tonight in case they have anything new. I don’t believe in the death penalty and I could never participate in convicting someone if the death penalty was a possible punishment. I find it very difficult to believe that Casey, or anyone else who did not suffer from a severe mental disorder, could deliberately kill a child like Caylee. I think it must have been at least partially an accident or the result of extremely deficient child parenting skills. Most people would never consider chloroforming a child or putting a child in the trunk in lieu of hiring a babysitter. I gathered from some of the stuff in the news that the defense experts do not think that Casey suffers from any mental disorder. I am not sure what that means. She does not appear to me to have a grasp on reality but I don’t know how far out in left field you have to live to be considered to have a mental disorder. I do think that Casey is responsible for Caylee’s death even though she appears to me to lack the capacity for the intent to commit first degree murder. I will be very interested in Judge Perry’s rulings on all of the motions out there.

I hope that you have a very good week next week and the health to enjoy whatever your new venture may be.

[SnoopySleuth]

The Death of Caylee Anthony-Part -1

Part -Two

Part -Three

Part- Four

Part -Five

Part -Six

Part-Seven

Part-Eight

Part-Nine

Part-Ten

Part-Eleven

Part-Twelve

Part-Thirteen

Part-Fourteen

Part-Fifteen

[SnoopySleuth]

FYI~~ The fifteen links I posted refer to the ones that Beast mentioned in his comment upthread. I have watched 3 so far and they are informative.

CBS 48 hours airs at 10pm this evening. That is Orlando time. I plan to watch to see what the hype is all about.

[Sherry]

Many thanks, Beast and Snoopy! I am watching it now-very thorough and well done. Kudos to Newberry!

[Feathers]

I am in awe of the You Tube videos Beast so kindly provided the link to. Everyone should watch them. Newberry, thank you for the time and careful consideration you put into this presentation. I've seen none better.

[Beast]

Tnx SS lol

[nymima]

Hi Dave and Everyone! Dave - I've been keeping up with all the new posts etc., but i won't have access to a computer for a few weeks. I'll be able to read via my cell phone , but I find it difficult to post on it. With everything coming to a 'head' soon, I am looking forward to what you find interesting enough to write about. I see you at the hearings - even my grandson knows who you are! I hope you keep up your strength and eat right throughout the next few months. I know you don't want to miss a beat! So if you don't hear from me for a while, I'm still here.

Snoopy, Nan11 and Katfish - I have you all on my cell phone too! You're all lookin' good. I enjoy reading all your new postings. Countdown to Justice will be coming soon.

[Mary Jo]

I can't believe that the Anthony's didn't get some type of payment for doing 48 hours. I saw some pictures and videos on there that I have never seen before. Maybe it was just me though. I can see how this "mock jury" chose to acquit her because it was slanted so much towards the defense that they almost had to. Baez has no right to complain about her not being able to get a fair jury after he does these type of shows.

[SnoopySleuth]

If you did not watch the show, you can read it all here. The show was all premeditated by one Richard Gabriel, jury consultant, with the blessings of the defense. MO, I was totally disgusted with the whole thing. I hope it backfires on all of them, including the so-called experts who appeared on the show. Linda Kenny Baden showed off her new face lift...she forgot to get a lip reduction. CBS shelled out some big bucks but we will never know to whom. The defense is going to make darn sure that a jury will not be picked in five days at the secret county.

CBS 48hours-Can Casey Get a Fair Trial?

[Amber from Maryland]

Thank you, Snoopy, for posting those 15 Links. I watched them and I watched 48 Hours and I thought the U-Tube Videos were better. On the U-tube, what struck me most was Casey’s phone call home after her arrest trying to get Tony’s number and her conversation with the police after she had been Mirandized when she told the police that she and Baez had wanted to talk with them but the earlier detectives wouldn’t cooperate so they waited for Baez to come to the station and he left the room with her and came back to tell them to book her and they had no open conversation. For some reason, although I probably had heard all of that before, I came away with a much more negative opinion of Casey than I had before.

I still think that she is probably not guilty of first degree murder since I don’t think she is mentally sane enough to form an intent to kill Caylee, but I think she had to be guilty of something really bad, something more than routine neglect that could have resulted in the child’s accidental death, or they would have given some useful bit of true information to the police in a response to some question the police asked. Although we sometimes think Casey never told the truth, she probably did actually give them the truth about a few things such as her name and address and her child’s name and maybe her parents’ names. If Casey were really innocent and someone else were to blame for the child’s death, I can’t see how she could have acted that way on the phone trying to get her boyfriend’s phone number. Leading the police on after her arrest saying that she and Baez really had wanted to communicate with them indicates to me a delusion or an alternative view of reality not unlike her trip down the hallway with the police to her office at Universal Studio. In her mind, she had a job at Universal and in her mind she was innocent and wanted to give the police information to help them find her daughter but was blocked solely by police officers who tried to twist what she said. Jose Baez had no such delusions and put a stop to the talk once he got there. He may have known that what happened wasn’t completely an accident. It might not have been first degree murder if, for example, she used duct tape to keep Caylee from screaming if she woke up before Casey got back to the car and didn’t realize it would suffocate the child, but it was something for which the states attorney’s office would surely prosecute her and get her a long jail sentence, longer than waiting in jail over two years for a trial.

[conniefl]

Well, the 48 Hours program went pretty much as I expected. I would have asked how many would go for second degree murder because duct tape smacks of death caused by sudden burst of temper more than covering up an accident.

It sure looks like they plan to throw George under the bus. Both LKB and Baez skirted that question. This business of we'll all know once the trial starts was probably due to their mental health exams that are now moot. I don't think Baez will say what caused all the lies because he hasn't found a reason for it himself yet.

Overall I thought it was just a rehash of what we all know already. I think it was done because they plan to pull a jury from an area that doesn't get Orlando news coverage and the defense wanted to manipulate the potential jurors by airing it on a nationally known program.I think it's a pitiful ploy at best.

[conniefl]

Gotta agree with Hal on this one:
Orlando Sentinel blogger

If any of you haven't watched the 48 hrs program it's online now (I fell asleep.. glad I didn't stay awake to watch it!)

48 Hours Mystery

[Beast]

SO let me get this straight. The day before the CBS special Mr Baez is standing in court asking the judge to cut back or "restrict" how much coverage that the media can do, even suggested shutting off the cameras in the court room. He claims this case has been tried in the media and there is far too much media coverage. The very next evening (as he is fully aware) this special airs and it is totally skewed towards the defence. One one hand he is whining about the media and then the next day is part of a "circus mock trial" that based their findings only on limited exposure to evidence. As admitted in the program. Give me a break.

[debwagstongue]

I watched the 48 Hours Mystery program and my first thought came with the title. Only Casey Knows, well if Only Casey Knows then who else could have done it? Great telling title I thought.
Most of the content was structured to leave out the important facts pointing to her guilt, and Biaz and Cheney really didn't add much to the show except for babbling on about what they can't reveal until the trial. I also thought George and Cindy's clips made them look like just what they are; in denial.I had my son (34) watch it with me so I could run my own little one man mock jury. He has never seen anything about the case and I never voiced any opinion to him before I asked him to watch it. After the show I asked him what he thought. He answered he thought Casey was guilty and saw through the defense strategy, the parents obvious denial, and the 48 hours slant towards Casey being innocent. He is a normal thinking adult who can reason, imagine that. That is all it will take to see through the smoke and mirror defense strategy. Normal people with common sense who can put together the facts and realize Only Casey Knows, because she was the only one that could have.
He thought the defense was trying too hard to disprove which led hm to be suspicious of why they would invent so many possibilities, but reveal nothing of substance in terms of their real defense strategy. So, I think this show backfired against Mason and Baez.

[Suzanna]

Hello to Dave & everyone here! I just watched the pathetic 48 hours show online.
I agree that it backfired against the defense, as so much of what they try to "proffer" does seem to do, doesn't it?! The Defense team even managed to make a mockery of a "Mock Trial", for Pete's sake! No matter what sneaky tricks they try to pull off, I believe that Casey's guilt is
evident once they listen to all the evidence allowed into trial (hopefully including Dr. Vass testimony) and observing her demeanor and the obvious desperation, arrogance and incompetence of her attorneys and family.
That is just my opinion, for what it is worth. I look forward to hearing what you thought of it!
The hypocrisy of Baez is what gets me the most steamed. I love what HHJP stated on Friday about the media being able to get a reversal within "48 Hours." :) What still saddens me deeply is what was done to an innocent and precious child. Mothers are mostly known to be selfless when it comes to their child or children. Caylee never had a mother like that.

[Mary Jo]

What are the chances of anyone of those people they used for this "mock trial" will be in the area that they pull the jury from and they get picked? I wouldn't put it past Richard Gabriel to have gone to several counties they think JP might go to and try to get some of them for that show.

[nan11]

Snoop: I agree; but I think the Judge is on to them. I think that was what was behind his original instructions that if they could not pick a jury in five days at an 'undisclosed' location; he would move them back to Orlando. At the last hearing he added that if jury selection was moving along in a normal manner, they could have as long as they needed (at the secret location.)

One thing that I think really came out of the 'Frye' hearings was that it allowed the Judge to see just exactly what the defense's intentions were; in so far as causing needless delays.

I loved his quip about the '48 hours reversal'.

The only thing is--I think he makes the prosecution swallow the same medicine that he hands out to the defense; whether they deserve it or not. I know, it's all in his effort to be fair.

[SnoopySleuth]

What burns my butt is the fact that Baez and Mason keep belly aching that Casey cannot get a fair trial.
So most of the defense experts go on this CBS 48 hour program and portray an innocent Casey. Why? With the guidance of Richard Gabriel, they set out to taint a potential jury pool and trying this case on the media before a jury is panelled, shows they are interfering with a justice system that Orange County already has in place to try this case. Why not just hold a kangaroo court or have a bunch of vigilantes take the law into their own hands?

Now let's look at this from the other side. How can the state conduct a fair trial when the defense is trying this case before the media? What about Caylee? Let's be fair to her so justice can take place. Why is the murderer now being treated with kid gloves and Caylee is taking a back seat?

[SnoopySleuth]

Baez was asked, on 48 hrs, if they intend to implicate George. He did not answer "no" so I will take that as an unspoken 'yes'. Baez said the case will be tried in a court of law.

Let's look at George. He was and still is an emotional wreck. He did attempt suicide once but it seemed to be a cry for help since he combined it with a six-pack of beer and pizza, along with a call to River Cruz (if she was telling the truth) to join him at the motel.

George said he would sell his soul to the devil, if it meant saving his daughter. Would he offer to be the fall guy to save his daughter? If the defense asks him if he murdered Caylee, he can plead the fifth. How will the jury see this? Maybe it will be the only solution that the defense has to try and get an aquittal for Casey. Casey cannot be tried for the same crime twice, if she gets off the murder rap. The other charges she is facing hardly add up to a hill of beans compared to Murder One. If George ends up becoming suspect, Baez can explain those 31 days and, yes, he can even explain George forcing Casey to carry Caylee's remains around in the trunk. Does that sound nuts? Everything about this case is nuts, don't you think?