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)
Hi Dave, don't you just love how karma comes back to bite. I do hope Judge Perry stands behind Judge Strickland order. I am so sick of big mouth has been Mason acting like he is the only one with a brain. I don't care if she comes to Orlando or not but I think the court has a right to know where she is. I am going to be awfully mad if Judge Strickland ruling is not upheld. Loved your article. " the Iriony is rich indeed"
Too bad I won't be able to attend the hearing tomorrow, Margaret, because I agree with Judge Strickland. I hope Judge Perry thinks so, too!
Tiffany- OK by me if Dave shares email addys twixt you and I; he'll know if you are actually from Oz or not! I'm not being "funny" with that comment- we've had to deal with wackadoos with multiple personalities before! They are out there...
Tiffany, Sorry to hear that you are going through such a hard time. I know what you mean about hiding from the world but you don't have to hide here. It does get better, honest but it takes time and time will pass slowly. It's not you so don't waste time thinking you should have done or not done whatever. I hope you will have the support and love of friends and family too. Make sure you look after yourself. Hugs to you.
Hi Dave, I'm glad you decided to make a post about the Casey Anthony probation situation. I'm of the same mind as you..... I could care less where CA is at or what she is doing..... other than her standing in the legal system. Unfortunately, (but appropriately in my mind) CA's legal problems are far from over, so I hope you chime in occassionaly on her legal issues as you see fit.
I don't pretend to know all of the rules of Florida law as to how probation is applied. Evidently there must be some occassion where probation has been allowed to be served while incarcerated or the DOC would surely have returned to the court for clarification. Having said that, I think Cheney Mason's contention that Judge Strickland's clarification of his order is a fraud or is designed to be anything other than a clarification falls flat. As NancyS pointed out above, the honerable judge was very clear in his verbage in court when handing down the sentence to say the 1 year probation was to be served upon release. After he was recused how was he to know the DOC misinterpreted his ruling ? He was off the case.
No offense to Mr. Sheaffer, but it seems silly (to this rookie) to imply Casey would suffer Double Jeapordy if required to serve her probation now.....she was sitting in jail anyway, in solitary non-the-less. How would that be an indicator of how she would conduct herself in society? Serving probation while incarcerated flys in the face of the very definition of probation. (Thanks Snoopy :)) I have little doubt visits by a probation officer in the OCJ were a joke to her and a welcome excuse to leave her cell for a few extra moments once a month. We know she wasn't following the rules of the jail by having unauthorized communication and contraband.....how would the probation officer remedy that misbehavior? They couldn't ......she was already in jjail...geesh!
I'm sure this isn't a popular opinion, but If her safety is a concern in Orange County couldn't her probation be transferred to another jurisdiction? In my mind the important point here is that she serve her sentence.
Hello there, katfish! As far as I'm concerned with Casey, - out of sight, out of mind. If she must serve probation, so be it. If she doesn't, so be it. One would think, though, that probation is something that's served upon release from incarceration, not during. You make an excellent point about Judge Strickland. Once he recused himself, he was no longer in the loop. He washed his hands of Dirty Cheney, but he ultimately remembered the gist of his original order. Mason is trying to make this out to be some kind of vendetta because of the dismissal motion from April 2010. Strickland knew the intent of his order then, and he's clearing it up now.
I think you're also right about the gist of probation - to indicate how she would conduct herself in society. I mean, isn't that the main purpose of it? How much trouble could she possibly get herself in while sitting in a 4x9 cell?
I think Judge Perry is going to take a lot into account; one of which concerns her safety. I do not believe she would be safe here in Orange County. That will be a major issue, but if she's ordered to serve it in another location, she still opens herself up to trouble, so does it really matter ehre she lives? I don't know, but I sure am glad I'm not her or the judge. The eaiest way out is to just proclaim she served probation and that's the end of it, but this decision will be coming from the same judge who would have had no problem sentencing her to death. I don't know. It's a tough one.
Thank you, katfish, you always bring a smile to my face.
katfish, well said. Snoopy & Dave almost has me convinced that probation is a good idea. Did ppl notice that I was allowed to show a different opinion in here and I was NOT attacked. So nice to be among open-minded people.
Thanks Frankie. Karen, I am from Australia, whether im particularly sane at the moment remains to be seen lol. Patti, I don't know how to write to anyone on here privately unless Dave is kind enough to pass along my email in the first instance. I came up with a survival plan today, to immerse myself in my career and basically fill my life full of fullfilling activities until I decide what to do about my marriage, that's if I still want it at all. Happiness is a choice. And Dave, if Casey Anthony would ever like to meet her soulmate and settle down unhappily ever after, I know a husband who would look smashing in duct tape.
It's good to see you're retaining a sense of purpose and humor, Tiffany! That Henkel tape is just the thing...
LOL, quick thinking Tiffany. I wish I had thought of my husband first for that position. Daves overloaded with emails from what I understood. As soon as he can he will send you mine.
You sound in much better spirits.
Looks like we might be seeing her on Thursday. As it stands now she must appear in court.
Emergency Motion For Hearing To Quash, Vacate, and Set Aside Court's Order
Motion Signed by J. Cheney Mason, Esq. on the 2nd day of August, 2011
Quote from Page 2:
snipped...The Defendant's fears have ony been confirmed [by] the Judge's participation in tabloid entertainment program Nancy Grace, in which he expressed his "shock" with the Defendant's acquittals.
End of Quote
Quote from Page 4:
In the alternative, the Defendant requests Administrative Probation, as any requirement that she return to Orange County put her in great peril, as well as impose a significant cost to taxpayers in securing her safety. The Defendant has received several threats upon her safety and life...snipped
End of Quote
You can make up your own minds re the following. Frankly, I have my doubts it is her. The hair seems to be much lighter but that could be the lighting when the pic was snapped.
Casey Anthony Incognito Photos
I don't know what to think, Snoopy, but it sure does look like Casey. She could have easily put highlights in her hair or something. Not that I know anything about that.
Dave~~as far as things stand now, Judge Strickland has recused himself for the second time. He has passed the reins over to Judge Perry to make the decision on the probation order. Casey is due to show up at the Dept of Corrections tomorrow, Thursday at 10am. If not, a warrant will be issued for her arrest. This order holds unless the Dept of Corrections hears otherwise, from the courts.
I guess we know about that now. We'll see Friday.
I'm running a bit behind in my responses, but I was out and about yesterday. For that, I'm sorry, but here I am today.
To Verna from fb - I don't know if Casey will get the last laugh now, especially since Judge Strickland recused himself and placed Judge Perry in charge of the order. Perry won't play around. If Casey does not show up tomorrow, I'm sure there will be a bench warrant forthcoming.
Snoopy - I disagree with Bill on this one, and I stand behind Hornsby. Since when does the court NOT have jurisdiction? That's the problem I see. When the court speaks, everyone sits up and listens.
Hey, I can't tell if its her in the photo's but guessing TMZ paid for photo's. Photos looked staged. It would be a way for her to raise money to cover her expenses. Also no news outlet is showing photos from TMZ so does that mean TMZ has asked for payment to share photos and everyone has refused? Or is it not really her and TMZ knows it?
It's interesting that TMZ wouldn't admit to taking the images or buying them from someone else. It does seem like something the defense would set up, though.
FYI~~ Casey will not have to report to Corrections tomorrow morning. Judge Perry has signed a 'stay', whatever that means. As soon as I find out more, I will post it.
ORLANDO, Fla. -- Casey Anthony won't have to report for probation by Thursday.
In a news conference earlier Wednesday, a Department of Corrections spokeswoman said Casey Anthony is expected to check in before 10 a.m. on Thursday, but Judge Belvin Perry signed an order late Wednesday that delays Anthony's return to Orange County.
Gretl Plessinger said earlier Anthony must check in with the probation office unless a new court order is issued, which occurred.
Perry's stay means Anthony does not need to report by Thursday morning.
A hearing on a defense motion that objects to the probation order has been scheduled for 9 a.m. Friday. Anthony will not be present.
Judge Delays Casey's Return to Orlando
Judge Perry's Order to Stay
Dave~~I honestly don't think that Judge Perry will order Casey to serve the probation. Judge Strickland had 60 days to amend his original order and I think that will be the kicker. BTW, Mason flipped the bird to the news media again. It was caught on tape. The old guy can't seem to control his temper these days. All this flipping is not doing his image any good. Heck, his wife's friends wont speak to her any more. Maybe the old fart has to sleep with the dog now.
Mason did it again??? He's a nasty old windbag, isn't he>
@cali patti, Thanks for your kind words. I don't make the rounds much of late, so I really appreciate you acknowledging my comment.
IMO, Those who don't keep an open mind only short themselves the opportunity to grow and learn. I've never felt the need to agree with everyone on Dave's blog.....nor have I been attacked. I do feel anyone by expressing an opinion here, or anywhere for that matter, are indicating they want to join in the discussion and so should be prepared to discuss their opinion.
Ok...I'm jumping off of my soapbox now before I slip and fall ...bwwwaaahhh!
katfish~~I acknowledged you falling right on your tush. LOL
I just got a brain poof. Since Casey does not have to be present at the hearing on Friday morning, Judge Perry will be ruling against Judge Strickland's amended order. If Casey was going to have to serve her probation, she would need to be present for the ruling. I think.
hehehe Snoopy ;) that's my soft spot
katfish~~One thing that irks me is that Judge Perry did not follow suit and hold Baez in contempt of court once the trial was over. What about Laura Buchanan falsifying the TES document with the blessings of the Baez Law Firm? Will JAC investigate Baez and make him account for all the money spent before Casey became indigent? What about Jerry Lyons tampering with TES witnesses? I guess that is all water under the bridge now. So much for Florida's justice system.
Snoopy-
One of my favorite sites to go to when I need a laugh or feeling feisty is "The Weekly Vice". A lot of it is depressing, but the mugshots of pros and pervs is always worth a look-see. They have a whole separate area for Florida- "Florida's Assorted Nuts". No other state, not even California, gets their own page there! My point being, that if the LE/judicial system fails consistently in a place a lot more lawlessness can be expected there- perps gravitate to where things are soft and easy.
I've got to run out again. Family stuff. I'll get back to commenting as soon as I can.
will be lurking to find out what she gets away with next...grrr. I hate the justice system sometimes,,,I am a law abiding citizen,so it irks me to no end when these types of things happen.
Hey Snoopy, Despite the disappointing verdict in CA's murder case, I'm not ready just yet to give up hope on Baez and his sleazy accomplices being held accountable for their actions....it's just one month out from the trial....the wheels of the justice system do turn slowly. Having said that, I too will be VERY disappointed if Jose Baez isn't taken to task for his behaviors during the trial. I have never before heard a judge tell a defense team he could not believe a word they told him again as HHJP did near the end of this case....that is a serious statement in my opinion. Or am I just naive?. I just can't believe getting a winning verdict would outwiegh an officer of the courts obligation to follow the rules, if so that's one hell of a precident being set. Does a winning verdict = olly olly ox n free? I sure hope not!
BTW, you left one of Baez' screw ups off your list that may ultimately be his biggest problem.....his failure to pay the IRS taxes due on Casey's $200,000 windfall from ABC....he was her agent for that deal and had control of that money. Would he have received a smaller cut had he paid the taxes off the top? IDK ? Didn't Baez already give an accounting of how that money was spent before CA could be declared indigent? I have a feeling if more states had the Sunshine Laws we would probably be hearing about other states that operate on the down and dirty as regular business
To think that this despicable excuse for a mother is not only free, but is going to profit from her dastardly deed, is almost too much to bear. Accepting the outcome of the final injustice against this murdered 2 year old child is something we must do. We have no recourse.The jury has spoken. My heart is broken.
I can't just let it go. Every child deserves to have SOMEONE (at least one person) who would love and support them and their right to be successful, to live to adulthood and become what ever wonderful thing they could become. Maybe even be the President of the United States. Caylee Marie Anthony's family forsake her and now Casey Anthony, baby killer, will be rich and live the life of Reily. It's so sad and so disturbing.
This was a comment from attorney Richard Hornsby, who knows his stuff, in response to the Casey is Innocent" group who hang around Jose Baez Mission's site and complained that Judge Strickland was unfair.
"You do realize, that Judge Strickland could have convicted her of all 13 check fraud charges and sentenced her to 30+ years in prison, but instead withheld adjudication on seven counts, meaning she was only a 6 time convicted felon instead of 13 time convicted felon, sentenced her to time served on all counts and 1 year of probation once released on the seven counts he withheld adjudication on.
No other judge I can think of would have gone that easy on her considering she was being held on murder charges. To imply that Judge Strickland was unfair or was not impartial to her is ludicrous.
She literally got a slap on the wrist for the check fraud charges and you are somehow complaining that Judge Strickland was acting biased towards her? Get real."
I think Judge Strickland regrets the slap on the wrist he gave the child murderer for the fraud charges. I HOPE Judge Perry regrets some of his rulings that ultimately resulted in Casey Anthony being free to live her life, sans her (dead) daughter, with lots of opportunities for her and her sleezy lawyers to get rich. Let's never forget the dead baby Caylee Marie Anthony.
I really appreciate Richard's opinions. He's a
Terry Tsk-
I couldn't agree with you more. The ONE person that was to protect Caylee left her abandoned in a swamp, left for animals to pick at her. I am not a very emotional person, but everyday I cry over what happened on that June 16, 2008 afternoon and the months that followed. I ask God WHY??? Why did this have to happen? I don't know if I'll ever know.
Until we get more answers, I cant let this go. Someone knows something, and it sounds like we'll have to pay money to this murderer to find out. NOT ME! She can rot in hell for all I'm concerned.
I agree with all of the above comments. Judge Strickland was very easy on Casey and Mason knows it. He's a despicable ingrate who does a disservice to his profession.
Dave, Mason is such a loud mouth sleazy dunce. He needs to read what he is talking about before he opens his mouth about Judge Strickland. The order where the lawyers were present were in Jan. 2010. Mason had not even slithered on board at that time. Did you see him hit the microphone in that reporters face.? He is one angry man , looks like he is ready to explode. I don't think things are going quite as they thought they would. A Lillian Glass article says that when she does surface, Geraldo would be there, because he is so invested in Baez and Casey. Casey may come out of this with very little after everyone involved gets their cut. Cobra said on Simon that she would be back in trouble before this year ends. Don't know what thats about. ..........I listened to radio show last night and missed you. Hope your Dad is feeling better..
Hi Margaret - There's no doubt in my mind that Mason is solely responsible for any problem with Judge Strickland. If you recall, the judge welcomed Mason when he joined the defense team. "What took you so long?" he asked back in March of 2010. A month later, Mason wanted his head on a platter. From what I could see in the latest video, it was Kathi Belich he screamed at. He hates her with a passion. The man needs to take a chill pill before his heart explodes.
I do agree with you that the vultures will be there to suck up the profits, but you know something? She deserves it. As a matter of fact, they all deserve each other and by the time she surfaces, I hope by that time, she's worthless.
You know, I am typing this comment on my iPad, sitting in my father's hospital room. That's why I missed the show yesterday. He's been in for a week now and my mother hasn't driven in years. I guess that gives you clue about what my schedule has been like, but I sure am glad I'm here to help. Next Sunday, I should be back on with the rest of the gang. Thanks, Margaret.
Hi Dave, Sorry to hear that your dad is not well. I'm sure you have a busy schedule. Your mom and dad are lucky to have you taking good care of them. Take care of you too and we will be here when you have the time. Hugs to you and yours.
Hi Frankie - Yes, my father is in the hospital again. I don't think doctors have gotten to the root of his problem, but let's hope this one is the charm. My schedule has been very busy because of that, but I did manage to squeeze out another post this morning, with another one coming if everything falls into play.
I've been trying to take care of myself. With the trial over, I've gotten a bit lazy, but that should change. I've neglected e-mails and other things I feel are important. I just didn't have much of a drive after it ended. I need to get back into the thick of things. Anyway, thank you for your concern and your hugs. Hugs back to you and your family, too!