Last Laugh?
Monday, August 1, 2011 at 1:57PM I’m sorry. I did state that I planned on walking away from the Casey Anthony case, and it’s still my intent, but I just had to say something about today’s news. I couldn’t resist, especially when it comes to Judge Strickland…
On August 1, 2011, Judge Stan Strickland ordered Casey Anthony to serve one year of supervised probation, nunc pro tunc. Nunc pro tunc is Latin for now for then. In other words, the judge issued a new court order showing that the earlier order was in error in its interpretation by the Department of Corrections. The words upon release were omitted in the original document.
According to the Orlando Sentinel, Strickland said, “From my reading of this, she should be reporting to probation in Orlando probably within 72 hours. I suspect she’s going to be required to report to probation.”
On January 25, 2010, Anthony pleaded guilty as charged to check fraud. Her attorney, Jose Baez, asked Judge Strickland to give her credit for time served and to place her on probation for a year. He obliged by sentencing her to time served, 412 days for each of the six charges he found her guilty of , followed by one year of probation. The 412 day sentences were to be served concurrently.
At issue, upon her release from jail on July 17, 2011, was whether she had served her probation during the year following her guilty plea to fraud. Clearly, a person cannot violate probation while sitting in a 4’x9’ jail cell 23-hours each day. The judge’s intent was for Casey to serve her probation upon her release from jail, not during. Therefore, he made that very clear in his amended order today.
Casey was also ordered to pay the following amounts: $5.00 for court costs, $50.00 for CCF, $225.00 for LGCJTF, $3.00 for TEENCT, and $65.00 for the Criminal Ordinance program. She must also pay the costs of investigation and prosecution. Attached to the new order were special conditions, along with the year of probation. Of course, there’s to be no contact with the victim, Amy Huizenga, which should be no problem at all. Each month, Casey must make a “full and truthful report” to her Probation Officer, along with $20.00 (payable to the state of Florida) toward the cost of supervision, and a 4% surcharge.
Here’s where the order gets tricky. The order states that Casey “will not change [her] residence or employment or leave the county of [her] residence without first procuring the consent of [her] Probation Officer.” Oddly, her last place of residence was 4937 Hopespring Drive. Something tells me she will fight tooth and nail to keep herself away from that house.
The order carries a total of 13 legal stipulations she must follow, such as not being able to own any sort of weapon. Attached are the two documents released by the Clerk of Courts today. I think we can fully count on her defense challenging this new order, but what judge will hear the motion? None other than Chief Judge Belvin Perry, according to the Orlando Sentinel write-up.
I do not believe Judge Strickland intended to have the last laugh. His design was for Casey to serve her probation upon her release from jail. Isn’t it ironic, though, that in the end, while Cheney Mason claims he was able to take the judge down, he couldn’t take him out? Rich indeed!
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Reader Comments (83)
Oh what justice LMAO
I was wondering about all the other charges that might not have been cleared up just because she got away with murder. Also had been wondering about everyone that had filed a suit against Casey such as Zenaida, Equisearch etc. Does she have to come to Florida for that? Dave, thanks for the interesting article. Anyone else would have to play by the rules but we will see if Casey has to on this one. Some rumors are out that she is receiving treatment somewhere. Is that a loophole if a person cannot leave for that? Keep up the good work my friend.
Absolutely, southernlace, as long as the order stands. The defense will fight it tooth and nail.
Hi Martha - There are no other charges facing Casey, other than the lawsuits that are mounting against her, but that's in civil court, not criminal. As far as I know, she will have to face the civil suits in person because the plaintiffs have a right to question her, through their attorneys, on the stand.
I would venture a guess that if Judge Strickland's edict is upheld throughout the court process, then Casey will have to return home. At the same time, I believe she could be exempt for the time being if she is undergoing some sort of medical treatment, which includes psychological.
It's always such a pleasure to see you, Martha. I will do my best to keep up the good work because you encourage me!
Cheney Mason said he intends to disqualify Judge Strickland for the second time. He said that order the judge signed today was nothing but a fraud. Stay tuned....
Thanks for the update, Dave...and glad to have u back in the saddle! Have u been following the Long Island killings? Or the Holly Bobo? Anyway, whatever u pursue to write upon now I look forward to reading!
Best...
AQ in Atlanta
Leave it to Cheney Mason to say something like that about Judge Strickland, Snoopy. Definitely, there's no love lost between the two of them, but Strickland is not out for revenge, which. I'm sure, Mason believes. This was a clarification of the original order. Today, he made it clear. That's all.
Hi Alan - I couldn't pass up on this update, because it's another thorn in the defense's side. Believe me, the pleasure is all mine. I've been following the news on the Long Island killings, but not with much depth. The Holly Bobo story is quite interesting and I wouldn't mind doing some write-ups on her, but I need to know more about it. Something tells me that one is not going to end happily, and that's a real shame. I do have some coals in the fire and they're mostly about victims in the central Florida area. There's still much work to be done on my part. Thank you for hanging in with me. To be honest, I really planned on giving up on anything Casey, but I just couldn't resist a story brought on by Judge Strickland. He's the man!
Hi Dave,
I just hope that Judge Perry doesn't get involved with this. Otherwise, I think all charges will be dismissed.
mb
In an interview with WOFL-Channel 35’s Holly Bristow, defense attorney Mason complained that Strickland had filed fraudulent paperwork. Strickland said in a document that he met in court today with Anthony and her attorneys — but none of that happened. Mason said that Anthony is in an undisclosed location outside Florida, Bristow reported.
Read more here at Source....
Mason to fight probation order
Dave~~the decision re the probation will be interesting from a legal point of view. Regardless of what we are all wishing for, I am curious if the order Strickland signed previously can be reversed after he amended it. I would love to see Stan wipe the smirk off Cheney's face but that may be wishful thinking.
Bill Sheaffer says it would be double jeopardy but not all lawyers agree with him. I expect Judge Perry is on vacation but once he is available, there will be an emergency hearing. I hope it is televised on live stream. We can be sure that Casey will not be in attendance.
Dave, I hope you will do updates on Casey Anthony so long as they aren't the rag mag type stuff. Things like this and what happens with the lawsuits would be nice. Thanks for this post!~
Hi Mary B - I guess it hinges on what types of motions are filed by the defense. Will they be heard by Judge Strickland or Judge Perry? I don't have a clue, but I'm guessing that this issue has been discussed among the circuit court judges.
Snoopy - I think the orders were the exact same ones drawn up in January 2010, with one edit - the addition of "upon release". That's why it says that Casey was present. She WAS in the original document. I guess Mason could insist that it be rewritten, but at least Judge Strickland's notary seal hasn't expired. I fully expect a guy like Mason to play tit-for-tat with the judge.
Snoopy - I find it interesting that Bill Sheaffer and Richard Hornsby once again disagree. If anything, I hope this new defense dilemma makes Mason extremely constipated and uncomfortable. Let's see how this "impacts" the defense.
Hi Sherry - Actually, I had really planned on not writing anything else about Casey, but I couldn't resist this one. If more unfolds, I may seriously consider more posts, and I will, most likely, write about the lawsuits when they come, but I really do hope I'm involved in other cases by then. Anyway, thank you, I will certainly take your thoughts under deep consideration. I was just expecting this problem to go away. Silly me.
Dave~ ~all I can say is that this is one complicated case. Cheney Mason will have some more 'fun' and that man will go down fighting. He has too big of an ego not to. Now the question is, who will be hearing the motion that Mason intends to file. You would think it would be Judge Perry. Right?
I was reading some of the comments at Hal Boedeker's... quite a few were not favorable re our man.
Hello, I don't understand the purpose of probation at this time. Its done, she is not in prison where she belongs. Sure the courts would be having control over her but this will just feed the circus. Every time she has to go into the probation offices the circus will be there. Her mom and dad will be standing to the side just for a glance at there darlin'. Sickening! It is ridiculous. If the probation goes thru, then so be it but I like her gone until the lawsuits come in. Then that will be worth seeing.
Let her stay on the beach drinking her corona, maybe a sea monster will fall in love and nab her. I can hope.
This sure is complicated, Snoopy. And it seems it will never go away, either. On any defense motions filed, I pertnear guess it could be any of the circuit court judges, including JP hisself. This could turn into a worthy battle.
I did just go over to read some of the comments on Hal's post. Twits.
You know, cali patti, on one hand I agree with you. On the other, I don't. I mean, I've pretty much had my fill of Ms. Anthony AND her family, but it's still satisfying to know Mason will need a heavy dose of Correctol to straighten this mess out.
Dave, LOL, I agree and disagree with myself all the time. I am sick of 'her' circus. The mobs, will you marry me guy, talking heads, media trucks, her parents, and her attys. Poor lil' darling, according to Mason/Baez...barf.
The law suits are substanstial if they go against her. This probation, to me, is diddle squat. The circus that will surround the probation, to me, is not worth her checking in. It is giving her more time/power with the media. Maybe I will change how I think, I do that all the time, I just don't think so.
Dave, this snippet is rather interesting. I love these legal puzzles...
Probation is the period during which a person, "the probationer," is subject to critical examination and evaluation. The word probation is derived from probatum, Latin for "the act of proving."
A sentence whereby a convict is released from confinement but is still under court supervision; a testing or a trial period.
Probation is served after release. Such as "I've been released from jail but I'm on probation". Probation cannot be served while incarcerated.
Only part of my comment was showing so I erased it....will try in another box...Sry
Well, cali patti, this one is a puzzler, but if it creates discomfort in Casey and aggravation for her attorneys, then I'm all for it. At the same time, I look at this as a diversion of sorts. By that, I mean as long as the threat of legal action hangs over her, it cuts into the time she might have otherwise used to promote herself. If this ties her up until the lawsuits come into play, I'll be happy.
As I've always said, there's no such thing as bad publicity, but when it includes legal action, it's quite an aggravation.
Dave, it wont accept my comment. Do you have a limit on how many words we can use in here?
That's the way I'm seeing probation, too, Snoopy, but will Strickland's order stand? I don't see this as double jeopardy. Double jeopardy means you cannot be charged with the same crime twice. What's double jeopardy got to do with probation?
No word limit that I'm aware of, Snoopy. Try it again.
I'm afraid that she'll fight this too and SHE will, in fact, have the last laugh. She seems to run between the raindrops. I do hope for more. LIke justice for Caylee. *sigh*
If at first you don't succeed...here we go. Maybe some armchair detectives will find this interesting.
William Sheaffer, maintains the court no longer has jurisdiction. Anthony served and completed her probation while in jail, he said.
"I think it's a non-issue," Sheaffer said. "The bottom line is she did her probation and the court has no jurisdiction."
Sheaffer said as a defense attorney he would file something called a "writ of prohibition" with the Fifth District Court of Appeal seeking an "extraordinary remedy" and arguing that the court exceeded its jurisdiction in amending the order after probation was served.
The double jeopardy argument is another solid appellate issue, Sheaffer said. That is the legal concept of unfairly being punished twice for the same offense.
Had the paperwork inconsistency been found and the amended order signed between Jan. 25, 2010 and Jan. 24 of this year, Sheaffer said Anthony's probation would have had a far greater change of legally being applied after her release from jail.
Others argue that the Department of Corrections' actions in applying probation while Anthony was in jail should not trump the intent of Strickland's order spoken in open court and preserved on transcript and video.
Local attorney Richard Hornsby, said Anthony's probation should have started upon her release from jail.
"I think legally she should still be on probation," Hornsby argued.
Source
shaking head here....I enjoy reading the legalize in here from you, snoopy & others. My gut reaction when first hearing about her and probation was, Yeah, aggravate the *ell out of her.
Then I realized she would love, love, love the attention the circus would bring.
I still feel the same way but aggravating a person continually can cause major stress to her relationships. Her & Atty's ... That would be a good thing. She has a terrible temper and w/o family to yell at, that will leave her new best friends. So maybe not all a bad thing.
I'm switching back to this style response right now, since I am a day behind. This order is putting a lot of pressure on Casey and her defense. I agree with the court, but at the same time, I don't wish Casey any physical harm, and I'm afraid her life would be in danger. OCSO is under no obligation to protect her, so how is this going to be handled? I don't know, but that's her problem. And her defense's. The address she gives for her residence will be a matter of public record, and once back in the system, she'll have to outwardly search for employment. This could get messy.
Dave, it's double jeopardy because Casey already did the 1 year of probation Jan 25 2010 to Jan 24 2011. Probation officer visited her at jail, instead of her going to the workers office.
Strickland can't make her do another year of probation. Plus, Strickland is now in trouble for fileing a fraudulent document in which he lied and said that he met wih 2 members of Casey's defense team and Casey today.
That's an easily proven lie. Strickland is in trouble.
Hi Ben - I do think that the court usurps the Department of Corrections, meaning that the court order prevails. The new order is nothing more than a duplicate of the 2010 order, with amendments. No, Casey and her defense did not meet with Strickland, but they did prior to the original order. That doesn't make the judge a liar, and as far as being in trouble? I don't think so. He didn't lie at all, and now he removed himself. Judge Perry will hear it. I'm curious to find out what he thinks.
Dave & Cali~~this is one time I disagree with Mr Sheaffer, wholeheartedly, I might add. How can you serve probation in a jail cell? In a jail cell, you are forced to stay away from guns, alcohol and Amy Huezenga. Probation is meant as a test to see if the felon is able to adjust back into society. Temptations have to be available in order to prove a person can abstain from them. It is totally without merit to let a person serve their probation in a jail. Being in protective custody as Casey was makes my point even stronger.
I'm going with Hornsby on this one, Snoopy. I agree with you. How can some serve probation in jail?
I've got to go out again. You know... family matters.
Ben~~in the original order that Strickland signed, as stated, Casey and two members of her defense team were present. Judge Strickland just added " upon release" to the original, therefore amending it. (the original that is). I see no reason why he would have to amend the whole thing but there is a possibility he may have to rewrite it, if Cheney yells loud enough.
Snoopy, I don't know if its legal to serve probation in jail. I am guessing it is. it doesn't make sense as you explained but anything is possible with her and the Florida justice system.
Ben, how do we know Judge Strickland lied? If he did then can he lose his seat as a judge?
I hope he did not lie. jeeze that would be an awful thing to have happened.
Hi Dave,
It would only be double jeopardy if she was being punished a second time for the same crime, right?
Probation is not a punishment as in being in jail and it is the Amy case not the murder case. How do they come up with double jeopardy? I thought probation was always served after jail. How much trouble can you get into in jail? How can such a mistake be made in such an important televised case? The court clerk must be shaking in her boots. I can't believe how many screw ups there have been in this case. I'm loosing my faith in the system.
Good to see you back Dave. As long as there is "breaking news" in this story, you have to write about it. Please and thank you.
Hi Frankie - Sorry I'm late getting back to you. Lots of personal things going on.
That's the way I see double jeopardy, too. For a crime, not probation. It should be an interesting hearing Friday morning. Too bad I won't be able to attend.
I will probably write about this case as long as it's important. I'm trying to distance myself now, but you might be able to twist my arm occasionally. Thanks, Frankie.
Thanks for the update Dave. Wow, when will the Casey saga end? Worst of all, there's no justice for little Caylee. Better in my opinion if she got the help she needs and we never heard of Casey Anthony again. It's a bit too 'Groundhog Day' for my liking, much like my life at the moment. Every day I wake since I found out a few weeks ago about 'the other woman' in my marriage and I go through the same emotions, thoughts and experiences. For all of the positive attributes I have been blessed with, it means nothing because im not someone different. Yep, the so called 'beautiful' people lose their lustre too. I've gone stale in my husbands eyes. I don't excite him like someone else can. If it was something I was or I did, I could change those things. It isn't about me and that hurts even worse. I can't face the world at the moment, it's easier to talk to strangers than those closest to me and I don't know when it will ever get better. All my dreams for the future are shattered. It was really difficult for me to write this and im sorry if such a personal and morbid thing offends anyone. I hope your life is going far better.
Trust me, Tiffany, I'm waiting for this Casey crap to end, too. I'm very sorry about what is going on in your life right now. That is horrible! Please keep in mind that this is a safe place to come to. Cali patti asked me to send you her e-mail. I am going to do just that. My prayers are with you.
Dave - How could anyone think you can serve probation while incarcerated. It defies reason. It's a testing time once the inmate is released to make sure they don't reoffend or break the law in some other way. How many other inmates have had the "privilege" of serving their probation while in jail/prison? I've never heard of such a thing. Why should Casey be treated any differently than any other criminal? She's a convicted felon and should be on probation, and it's certainly no consequence if she serves it while also serving her sentence! This situation has become so complicated that the ultimate decision may be with the State Supreme Court.
The best part about Casey being on probation would be the opportunity it would give her to mess up and land back in jail - ohhh what a lovely thought! I was having an O.J. moment!
I've never heard of probation served while in jail, but the Department of Corrections allowed it in her case. Go figure. I just hope Judge Perry honors Judge Strickland's request on Friday. If so, I do doubt Casey will do anything to break the law again. OJ turned into a murderous thug. Casey will be too afraid because she knows what being locked up is all about. We'll see...
Dave~~I spent over two hours searching to see if probation can be served in jail and came up empty handed. Probation is served upon release from jail or in lieu of a jail sentence. I asked Mr Google every question in the book and nothing to substantiate that probation can be served in a jail cell came up. Help!!!
You know people in high places, Dave. I need answers.
I agree with you, Snoopy. Probation is served AFTER release from jail, just like parole is from prison. Sorry I won't be able to help you on this one, but JP will on Friday morning.
Lots of people have to serve probation upon release- it's the way we keep tabs on them to make sure they do not re-offend if I understand correctly. It's not punitive as such (though to the perp and her "team" it would surely feel that way). This is how we know she's not likely to lift anybody else's checkbook. Same as a crackhead in recovery has to show up at probation to show he's still in town and isn't high as a kite. I honestly don't see where this notion of double jeopardy comes in here- she plead guilty to the check theft, this is just part of what you go through when you break the law.
You know something, Karen? That order also included a $20/month processing fee and a 4% surcharge. Did she pay that amount each month while incarcerated? If not, then in my opinion, she did not serve her probation in jail. That's my take on it.
Tiffany...You have done nothing wrong.
You did not offend me or anyone else.
I am so sorry you are in such pain.
This is not your fault.
Dave will be sending you my email.
I want you to write me, please.
patti
Question for you Dave: I don't understand Casey's sentencing for the murder case - If Casey was sentenced in Jan 2010 to time served (412 days from October 2008 to Jan 2010) for the fraud charges, were these 412 days used as time served again in the murder case? If not, then why is she still not in jail? Could you explain. Thank you
Sorry I'm late responding, Fran. A lot of stuff going on in my life right now.
Your question includes time served in the murder case. There is no time served in the murder case. She was found not guilty of murder. The time she spent in jail, from Jan. 26, 2010 to July 17, 2011, was in vain. By that, I mean during the past year-and-a-half she spent behind bars, it was for a crime she was exonerated of committing. Technically, I guess she could cry foul because it was time taken away from her for something the jury said she didn't do.
There... I hope that answers your question. It is complicated, but that's the bottom line.
I'll be back in a few hours. I've got a doctor appointment and a few other personal matters to take care of. Thank you.
Good Morning Dave, as you can see I have been laying low. I took your words to heart. Still leaning towards facebook just treading a little lighter. I have missed you & your posters, been away my daughter had elective surgery, just getting back to my routine. I have to admit, when I heard the news about JS my belly smiled. As a way of life I do not take pleasure in someones pain. BUT, after what CM alleged against JS I am comfortable with my position of Stick it to em good. IMO Judge Strickland did not go over order with fine tooth comb secure in the knowledge CA would never see the light of day. No lies, no conspiracy, possibly an oversight but no malice no way no how.
That said, JS did the people who have civil lawsuits a huge favor. What struck me because of my nightmare, is that JS made serving her a whole lot easier. CA can no longer avoid service while on probation. CA loses her right to due process & she can be served at the dept. Of probation by whoever is going to sue her. Her address picture & status as a person on probation will be on the FL Dept of Corrections offender tracker website.
I am as done with this case as everyone else, this was an exception. Unless she is in a hospital ward she should report. Ms Anthony & the truth are still strangers & the irony is still rich indeed.
Take care of you, Lisa PNS, FL
Tiffany- I just went back and saw how much you've been going through. I've been involved with family drama of my own, with my parents lately and before that my stepkids. Being here and fuming about She-Who-Must-Not-Be-Named has been a welcome relief for me too. I'm so sorry for what you're going through. Who knows why men do the things they do (our host excluded from my sweeping statement!).
Cali Patti's right- this situation can happen to anyone! I had a boss once who was fabulous- sweet & sexy, feminine to the max, but smart and highly successful in business, especially negotiations. Looked like a blend of Sophia Loren and Raquel Welch but with really great fashion sense. All the girls who worked for her aspired to be like her, and men just fell all over themselves to be near her for an elevator ride. All men except her own husband of several years! He dumped her and the two kids for a humorless troll with none of her qualities and loads of negatives. Some men just make themselves miserable and throw the chess pieces around on the board when things are too happy. True, there are women like that too, but I think if kids are involved we're a lot less likely to rock any boats unnecessarily. Good luck with whatever course you embark on.... you have friends here.
Hey Dave! I expected to hear from you on this one, and justifiably so! lol
I was watching the day that Casey got sentenced and the JUDGE DID SAY UPON RELEASE FROM JAiL! and I was wondering myself (as I remembered this fact) why she didnt have to check in, BUT so happy that the Judge caught it. I am also happy that you will continue to do the periodics on this case as there will be many.... I am sure.
I really love how you are so biased on this case it is refreshing although people dont know how to read your blog....geesh Have a tremendous day Dave and stay cool.
Hi NancyS - As far as I'm concerned, upon release from jail means just that. Upon RELEASE, not during. We'll find out Friday morning what will happen. God knows I've tried to remain neutral on this, but sometimes it's trying. Oh well, I shall do my best to stay cool. Thanks. Stay tuned. You never know what I'll write about next. I'm in blog limbo.
Dave et al~~the following is worth a read.
A person cannot serve probation while in jail (unless the jail is made a specific condition of probation).
The Great Probation Debate-Richard Hornsby
Thanks, Snoopy, I really like Richard's take on things. He's quite sharp.
Fran~~it does appear that Casey was credited with the 412 days twice. You may want to read what Richard Hornsby says about it. By rights, Casey should have served anothe 9 months in jail, at the very least. Once the error was made, I do not believe it could be reversed.
For Whom the sentences toll
Does anyone have info regarding what BEN wrote above? Did Strickland lie or not?
Tiffany, Good Morning...afternoon. I am going thru a very similar life now. With Dave being an exception, men can be such jerks.
Write me if you want....I don't want to share more in here, ok!
I'm glad you clarified that, cali. I sent Tiffany your e-mail address this morning, Aug. 4.
Oh... no, Strickland did not lie.
Thanks so much for your kind words Patti & Karen, I really appreciate it and look forward to hearing from you Patti. I hope things get better for you too Karen and I would welcome hearing about someone else and their challenges if you wish to share.
Dave, would you please pass my email along to Karen also, if that is alright with her? This isn't the right forum to air my issues etc, your wonderful blogs deserve my comments to be focused on their content.
Done. You now have each other's e-mail address. I am glad to be of service, and I hope this helps. Your lives are upside down and this will benefit you both.
Casey should have to serve probation like anyone else. Upon release. If not made to serve then how can they be sure she won't write bad checks to pay for the many outstanding debts she has incurred? She needs policing to make sure she follows the law since she can not be trusted to do it on her own. She needs to be in constant contact with her probation officer as everyone else who is sentenced after a crime she pled guilty to, she is no different. Unless you count the fact that she thinks she is entitled to be above the law which I am sure she does, because she has slipped through the cracks in the law before.
I agree, debwagstongue. I've sensed all along that she feels entitled or something, but it's not the way things work.