Baez doesn’t know JAC

“Dr. Henry Lee once told me at a national association conference that he’s been known to work for a crate of oranges.”

- J. Cheney Mason at Casey’s indigence hearing

Dear Mr. Mason, as a Florida native, you are keenly aware that this state is loaded with oranges; some of the best tasting ones in the world, I might add.

Request to seal all documents from the Justice Administrative Commission

Today, I chose to watch the hearing on TRU TV and the Internet instead of making the tedious trek down to the courthouse. I’m glad I did. Money handling is not one of my stronger points. Being on time is, and so is it with one particular judge; 9:00 AM sharp!

The first thing Chief Judge Belvin Perry, Jr. wanted to discuss was Casey’s request to seal all records related to the public funding of her defense. Jose Baez opened by saying that he wasn’t asking the court to reinvent the wheel, something Judge Stan Strickland referenced at a previous hearing. Baez mentioned that limited circumstances do exist to lock up public records and it’s addressed  in the policies and procedures manual. He cited 3.216(a) as his guide. Immediately, I went to my Florida Rules of Court (State) manual and looked up 3.216(a).

In the section on pretrial motions and defenses, Rule 3.216 is about insanity at the time of the offense. Oops, wrong book, although some may beg to differ with that. Regardless, Baez argued that not granting the motion would bring a clear and present danger to Miss Anthony’s right to a fair trial and closure is essential to ensure that. He brought to light the Orlando Sentinel publishing her purchases of spicy nachos from jail and other items. He also mentioned pseudo-news media, which probably refers to bloggers and forums. I would strongly question how snack items would prejudice a jury, though.

Chapter 119 of Florida Statutes covers the area of public records. The law is quite vast and specific in granting us the right to know what’s going on, particularly when it comes to paying taxpayers’ money. An attorney for theOrlando Sentinel, Rachel Fugate, stepped up to the podium after filing a motion to intervene. She argued that the defense’s exemption motion was too broad. Agreeing, the judge decided the defense had not met its burden because the motion to seal was too vague. It would have covered a multitude of legal issues at one time. Individually, he said, the defense could readdress some of the elements. The defense can request to seal specific records on an expert-by-expert basis. He understood that some are ones the defense doesn’t want to reveal.

One of the reasons, in my opinion and that of others, including attorneys, why Cheney Mason filed the motion to dismiss Judge Strickland was due to his response to Mason’s request at the indigence hearing. He had just stepped up to the plate and expected to hit a home run out of the ball park. How, you may ask? By having the judge grant his request to keep money spent on Casey’s defense behind closed doors. Judge Strickland denied that request and made him look bad. Unfortunately for him, his temper tantrum garnered a tougher, more strict judge, one that’s not going to let one penny of the State’s money go unguarded without knowing where it’s going. Perry’s still not satisfied with where all of the ABC money, and then some, went. This is no different from how Judge Strickland would have ruled. Mason’s net gain? Zero.

Show us the money!

That led directly to the matter at hand – why the hearing was called in the first place. Just who and what does the defense want the state to pay money to? Judge Perry opened by announcing that the State doesn’t pay “full monte” for travel expenses. The JAC objected to out-of-state providers if common experts exist in the state of Florida. That sounds reasonable and with that, the door was opened for the defense to begin providing a litany of experts they expected the state to pay. A lot of the judge’s decisions were conducive to how much work out-of-state experts had spent on their studies up to this point. In other words, would it be cheaper to let someone like Dr. Henry Lee finish his work to date and continue or cheaper to hire someone in-state who would have to start from scratch? In the end, Dr. Lee will stay. He is well-known for his work in forensic science. GRANTED.

Jeanene Barrett is the Mitigation Specialist for the Center for Justice in Capital Cases. Baez said that she has spent 384 hours working on the case. That includes many hours investigating Casey’s family and old friends in Ohio, Florida and elsewhere. He stressed that Barrett has a close and personal relationship with Casey and it’s crucial to the case that this bond is kept. The judge agreed it would be less expensive and unfair to hire someone new, but the JAC attorney was quick to point out that the rate for investigators and specialists will drop from $50 to $40 per hour on July 1 of this year. GRANTED.

At that point, the wisdom of good Judge Perry shone through. He quoted formerChief Judge Susan Shaeffer of the Sixth Judicial Circuit:

“Death is different.”

Baez emphasized that the defense team will “certainly make sure we are as frugal as can be, especially with investigators.”

Moving right along, as is the case in Judge Stricter’s court, the topic turned to depositions. The judge set the cap for out-of-state depositions at 100 hours. Baez stated that he expected to do at least 400 hours in-state. No you won’t, Judge “Stricter” said, and promptly set the amount at 300 hours.

At this time, 10:30, the good judge decided to take a 15 minute recess. It resumed at 10:45 sharp.

Next up on Jose Baez’s wish list was forensic entomologist, Dr. Timothy Huntington, from Nebraska. Dr. Huntington is the Assistant Professor of Biology at Concordia University in Nebraska, where he teaches Principles of Biology, Elements of Anatomy and Physiology, Entomology, Gross Anatomy I & II, Zoology, and Community Ecology. Because he is deeply involved in his work on the case, permission GRANTED.

A request for a forensic anthropologist was GRANTED.

The defense asked to keep their forensic botanist from Colorado. GRANTED.

Baez wanted two forensic pathologists. Judge Perry granted one, and reiterated that any and all specialists will work under strict JAC guidelines. GRANTED.

Can we keep Dr. Werner Spitz? Please, please, oh pretty please??? He performed the defense autopsy on Caylee back on December 24, 2008, so most of his work is through. GRANTED.

How about a digital forensic expert from North Carolina while we’re at it? As long as over 50% of the work has already been performed and there’s a saving, sure, the judge responded. GRANTED.

At this point, Judge Perry reminded the defense that Skype can always be used to save money in lieu of travel costs. He also said that video conferencing is available through the courthouse as an electronic alternative.

What about noted DNA expert, Dr. Lawrence Kobilinsky? He is well-known as a blood, mitochondrial and nuclear DNA specialist. JAC pointed out that there are several doctors who do the same work in the state of Florida. Because his work is over 60% done, retaining him was GRANTED.

Baez then moved into lesser known avenues of specialists and experts. He requested a trace evidence expert, one who explores such things as hair and textile fibers. Judge Perry asked why Dr. Henry Lee can’t do that work.DENIED WITHOUT PREJUDICE.

Just so you know, “without prejudice in a judgment of dismissal ordinarily indicates the absence of a decision on the merits and leaves the parties free to litigate the matter in a subsequent action, as though the dismissed action had not been started. Therefore, a dismissal without prejudice makes it unnecessary for the court in which the subsequent action is brought to determine whether that action is based on the same cause as the original action, or whether the identical parties are involved in the two actions.”¹

Next up, Baez talked about hiring a forensic chemist. This is almost an exclusive club with Dr. Arpad Vass manning the helm at the Oak Ridge National Laboratory. He is well versed in chemistry, physics and anthropology. Baez mentioned a doctor in Belgium, but he did say he would consult with Vass for other alternatives.

This delved deeply into the area of human decomposition. Was this the body farm, Judge Perry queried? Baez said this covered human and canine odor observations. Judge Perry said that much of the evidence was circumstantial and another expert was necessary. GRANTED.

The conversation then, naturally, turned to the issue of forensic evidence and the study of human decomposition. What about the timing and placement of the body? Here is where Barrister Jose Baez uttered the biggest $10 word of his illustrious career: taphonomy. There. He said it. Taphonomy is the study of decaying organisms over time and how they become fossilized, if they do. Paleontologists work in this field. Paleontologists study dinosaurs, which Assistant State Attorney Jeff Ashton was quick to point out they do not. The State does not recognize it, either, and a 2-prong curriculum vitae may be necessary, the judge said. In other words, he wants to see some resumés from both sides.

Baez asked for a cell phone expert. This perplexed the judge. He said the State could tell when Casey was sleeping and awake by her cell phone pings and there would be no way to determine the time of death or place by those pings. Judge Perry didn’t buy into that one and the motion was DENIED WITHOUT PREJUDICE.

Jose Baez came ready. Talk about 2-prongs, there’s the old adage about asking for everything and settling for less, but more. There’s also the one about being careful what you ask for. He expected the state to buy two Pontiac Sunbirds to determine if the same results could be achieved. No, the judge said, DENIED WITHOUT PREJUDICE.

He asked for jury consultants. Jury consultants? Linda Drane Burdick pointed out that Jeff Ashton and Frank George are jury consultants. Judge Perry said so is Cheney Mason. DENIED WITH PREJUDICE. In other words, don’t bring it up again, silly.

The defense requested a K-9 expert. This is where some barking took place. How reliable are dogs? All dogs are handled differently. What about dog logs and methods of training? How do those procedures vary from one trainer to the next? There’s already substantive conclusionary evidence. The work has been done. This is a contentious issue! Look, said Mr. JAC Attorney, since the bulk of the work has been done, put a limit on the time. OK, 20 hours max. GRANTED.

Baez spoke of the amount of money spent on public records requests from various government agencies. While the JAC wasn’t aware of any specific requests, it still decided to waive all fees. Baez said the defense had spent thousands of dollars on records. In the end, the judge set a limit at $3,500.

Some motions and requests for funds and specialists will be held in camera in the future. Perry warned the defense that he would go over the specialist’s expenses with “a fine-tooth comb.”

Cheney Mason speaks!

Some issues could be resolved without hearings, he said. Burdick responded that when the State has responded, it was an ad nauseum giant waste of time. Judge Perry said it was like blowing “smoke over the papers.” Ashton said Lyon has declined those procedures without a hearing, so it all comes back to square one. As much as the new judge is there to rule, plenty of squabbles still exist and nothing will take all of them away. These are two sides that are so far apart from each other, there’s no way everything will be settled until the jury says so.

The issue of schedules came up again. The prosecution and defense must provide deposition schedules by May 17. At the end of today’s hearing, there were a few odds and ends to be cleared up. The judge reiterated that he is bound by the rules of the JAC. Because Mason is a jury expert, as witnessed by his cases argued in front of him, and since he is working pro bono, there will be no money for travel expenses. Mason whined that his Serrano case took three weeks to find a jury. Judge Perry said we will have time to work on that. There will be 12 jurors and 6 alternates. This judge is not a fan of jury questionnaires, either.

Mason made one bold request. Actually, it wasn’t a request, it was more like a mild demand. Miss Anthony does not wish to attend the hearings any longer. She’s had enough and they are irritating her. The media hordes are making a mockery of everything she does, everything she wears. Assistant State Attorney Frank Gorge spoke up. No way, Jose, although it was Cheney. In the end, Chief Judge Belvin Perry had one more thing to say. An amended trial order will be sent out and she will not have to attend status hearings, but for all future motion hearings, the defendant needs to be present, particularly because this is a death penalty case. DENIED!

In some key areas, the defense made some headway. But would it have been different under the other judge? I would venture a strong guess the answer is no. Both are recognized for being fair. One is more formal than the other. One is more by the book. Will Casey receive a fairer trial because of it? I seriously doubt it. One thing is certain, the hearings are about to get really hot and heavy. After Monday, Tuesday and a smattering of motions, including ones that the defense is arguing over how Judge Strickland ruled, expect to see some motions to suppress evidence. They haven’t even scraped the surface yet.

One last thought on today’s hearing, and as the title suggests, Jose Baez didn’t know JAC today, but the judge most certainly did.

A civil play, s’il vous plaît?

Today was my first foray into Orange County Circuit Court Judge Jose R. Rodriguez’s courtroom. I decided that this would be a perfect day before the firestorm begins in the criminal case, where motions are set for Thursday, next Monday, and the day after. This one came at a leisurely time, too; an easy 1:30 PM. That meant no rush hour traffic and no skipping lunch or dinner – not that that’s ever been a problem in Judge Stan Strickland’s court.

One of the things I noticed upon entering the courtroom was the relaxed nature of everyone, including the lone bailiff who sat at a desk in front of me. To my left was Red Huber, the award winning photographer from the Orlando Sentinel. We are both left-handed and our birthdays are only days apart. I’m not telling you who is older, but the deputy’s is one month after ours, in September and two out of three will be the same age. I asked the man with the badge why there were no other deputies in the room, like in Casey’s other courtrooms I’ve been in. He said, “This is civil court. We don’t get too many criminals in here.”

To be truthful, a second deputy did come in and sit across the room from him as court got under way, but this bailiff sure was a nice guy. Smart, too, because he doesn’t pay any attention to what goes on over at the criminal side. Casey who?

The judge was very amicable today, too. He was already at his bench when we were allowed in, so there was none of the ALL RISE business and we actually left before court was adjourned. The courtroom was sparse, but there were a few other cases to hear. Judge Rodriguez heard one, which only took a few minutes. It was all very relaxed. He then said he would hear the case about Zenaida Gonzalez and Casey, because that would clear the courtroom of most of the people who were there – all media – except for attorneys. That left only a couple of cases to address, but he knew this one would go by fairly quickly. It did.

Casey’s attorney, Jonathan Kasen, wasn’t there, but Keith Mitnik was. He represents Zenaida Gonzalez from the Morgan & Morgan law firm. The judge called today’s hearing a pre-trial conference and told him his docket is backed up. He told Mitnik to remove this case from the docket and refile it for trial in January, February or March of “oh-eleven” – the only time when there are openings. But he would set nothing in stone. Mitnik asked if it could possibly be sandwiched in between cases. Judge Rodriguez would not relent. Nope, he wasn’t going to bump-up. Older cases take priority, he responded.

That was pretty much the order for the day, but it doesn’t mean it ended there. Keith Mitnik was very happy to talk to the media when we exited the courtroom. It seems he saved the best for last, and it made my trip very much worth it. Outside of the courtroom is a large area for people to wait before the courtroom opens up. There’s a sprinkling of chairs here and there, but not nearly enough for everyone to sit. Like I said, it was only media people lining up to talk to him.

“I’m not surprised,” Mitnik said about the trial delay, which he had hoped would be held in August. “The courts are very busy. It’s not an old case.”

There is the possibility of new evidence surfacing from the criminal investigation, and the postponement actually gives Zenaida Gonzalez’s attorneys time to review the letters Casey wrote, along with statements made by the two jail house snitches, Robyn Adams and Maya Derkovic. Did Casey say or write that the nanny never existed? “They could be bombshells for our case.”

When he was asked if Zenaida is now working, he wouldn’t answer. He expects a jury to find that this Zenaida had nothing to do with Caylee’s murder. When pressed about money, he said this was more a matter of right and wrong, not money, although he did address punitive damages. He said he would ask for a significant amount of money.

He was puzzled by the fact that nothing has been done about Dominic Casey. Why hasn’t he been deposed yet? That’s a very good question, he responded, but he did add that Casey’s attorney, Diana Tennis, had filed a couple of motions that are pending, so there is some activity.

He said he had absolutely no contact with Casey Anthony. He is aware that she has her Fifth Amendment right to not answer and fully expects her to use it. Last September, her attorney, Jonathan Kasen, asked Judge Rodriguez to delay or throw out the civil trial. He said that Casey should not be asked whether or not she murdered her child while under oath. The judge denied that request. Something tells me there will be a lot of pleading the Fifth.

There are two other items of interest…

After most of the media people finished their questions, I had a chance to talk to Keith. I offered my condolences. He lost his 85-year-old mother a few months back. He’s a very good natured guy and told me he got that trait from her. He seems like a softie at heart. Standing alongside me was Bob Kealing from WESH. We did press him for information on the Cheney Mason/Judge Stan Strickland debacle. He was willing to proffer his thoughts, but he did ask that it be off the record. The only thing I will tell you is that he did not think it was my fault at all. Like I said, there isn’t an attorney in town who doesn’t know Mason.

Finally, I got a phone call this afternoon from my old friend Bill. Bill is the attorney who gave me excellent advice when I had to design ads, bumper stickers and more for a judge’s re-election against his opponent, a newcomer by the name of Belvin Perry, Jr. Bill went on to become a judge in Jacksonville, but is now retired except for consulting work. He asked me if I knew where Belvin came from. I said, you mean the prosecutor’s office? He said, yes… but it’s more than that. He and Ray Sharpe handled all of the capital cases. That means he knows all about prosecuting murderers. Before you let your imagination run away with this, please remember he is now the chief judge and no longer a prosecutor. Still, it’s something to mull over. Meanwhile, Bill agreed to be my “legal advisor” so he’s willing to answer difficult legal questions. Bill and I go back at least 25 years and I used to tell him he should be a judge. Well, he was, and I am proud to know him.

Judge Perry’s lightning speed steals Mason’s thunder

“Be patient and you will finally win, for a soft tongue can break hard bones.”

- Proverbs 28:13

The last time I was inside the courtroom on the 23rd floor, Casey Anthony pleaded guilty to all fraud charges. That was four months ago on January 25. In June of 2009, I wrote a post titled, Guilty as CHARGED? that clearly spelled out why I thought she had no solid defense against those charges. The word CHARGED was my way of saying she charged her purchases on a checkbook she stole from her friend, Amy Huizenga. Why this defense chose to take it completely out of context in its motion to dismiss Judge Strickland is far beyond me, but so it was written, so it was done. God save the judge.

This time, on Friday, the courtroom took on a completely different atmosphere, as a new judge sat on the bench. Known as a no-nonsense jurist, Chief Judge Belvin Perry, Jr. lived up to his reputation. The mood was clearly stoic and reserved. As much as Judge Strickland deserved the same dignity and respect that Cheney Mason did not afford him, quite clearly, this time he sat quietly in the courtroom like a timid church mouse. Was he expecting this sort of outcome after Judge Strickland dismissed himself? Only time will tell, but if there is true justice in the world, Cheney Mason will not stand between it and the mockery he made of the court by filing the motion to dismiss and the later objection he filed in response to the court’s order.

When I got to the courtroom, it was a matter of minutes before Judge Perry entered. I noticed that Casey was wearing a light pink shirt and her hair was tied snugly back in a ponytail. She seemed to be in good spirits until Judge Perry entered the room. From that point on, gone were the smiles and hand-rubbing. As serious as the judge was, so was she. The more relaxed attitude of Judge Strickland’s court was washed completely away. This was business as usual, but a tougher version of it mixed in with a heavy dose of reality. Judge Perry had no qualms about discussing the dreaded death penalty.

He first addressed the monumental list of State witnesses, over 250, and the small number, 36, that had already been deposed. This is something he wants done. Let’s get a crack on it. MOVE, MOVE, MOVE!  He told the defense to file a proposed deposition schedule. He will not allow for any excuses. In light of this, he gave prosecutors and the defense strict orders to get their evidence and witnesses in order. Prosecutors said that some out-of-state witnesses were reluctant.

“I’m quite sure that Sheriff Jerry Demings will aid us in going to make those witnesses available for deposition,” Judge Perry said. In other words, depose them or the court will. There will be room for one courtesy call ONLY.

On record, Jose Baez listed himself as lead counsel for the day. Will that change by the time the trial gets underway? That’s anyone’s guess, but I did notice he addressed the judge as “Judge” on several occasions, instead of “Your Honor.” Some habits die hard.

Moving on, His Honor was irked that the defense still hadn’t talked to the JAC (Justice Administration Commission) about how much money the case will cost Florida taxpayers.

“I got time next week and the following week. That needs to be done like yesterday,” Judge Perry said. A hearing on the matter has been scheduled for this Thursday. He ordered attorneys to block out several days the following week (next week) to argue over unresolved motions, including all non-death penalty motions, whether the state’s death penalty is unconstitutional, whether jurors will be allowed to view pictures of Casey partying, and allegations of Roy Kronk’s domestic violence. This will most likely be held on the 10th or 11th.

Judge Perry really got down to the nitty gritty of changing the venue. Stating that it would be too cost prohibitive to move the entire trial to another county, he proposed moving a jury here if one could not be seated within the confines of Orange County. He said, “I have done a number of change of venue cases. Once I grant it, the location will not be disclosed. It will be disclosed at the last possible moment.”

He does not want the media to know until the last minute. That way, all publicity surrounding the location and jury selection will be kept under wraps. It seems apparent this judge wants the trial to take place right here in Orange County due to the massive costs of uprooting everyone, including over 250 witnesses, mostly from the Orlando area. He has no problem moving a jury here instead, if necessary. Most assuredly, this is something I was positive Judge Strickland would have decided. Many of us felt the same way, so it’s nothing new, but what may be is sequestering. If the judge decides to sequester jurors, which cuts them off from all outside influences, it could make jury service much more tiresome.

When asked, Jose Baez said, “This is really not just about the publicity. This community is intimately involved in this case by way of searches, by way of protesters.” He noted that the types of people the defense would want to hear the case may not be able to handle the stress of two months away from home and family.

“It is no secret that this case has received widespread publicity,” Perry said. He went on to say that the only way to make sure they are not infected or polluted during this proceeding is to sequester them.

Judge Perry asked the prosecution how long it expected to take to argue their case. Linda Drane Burdick responded that it would take about 3-4 weeks. The judge asked the defense the same question. Baez answered, about 3 weeks. The judge then set a working schedule of five-and-a-half days per week, meaning a half-day on Saturdays. He said that he would submit a list of movies for the jury to watch and each side could strike any from that list, no questions asked. Remember, there will be no TV for a sequestered jury.

Finally, he brought up the DEATH PENALTY phase. This was something Casey could not order her attorneys to “make him stop.” I almost swear I saw the hairs stand up on the back of her neck. Her parents were in front of me and I watched Cindy cringe.

How long will it take the state to argue? Jeff Ashton stood and said it would be done in a day. Baez then stood and said it would take the defense anywhere from 3-5 days.

Judge Perry reminded the court that we live in an adversarial system of justice, which is “the two-sided structure under which criminal trial courts operate that pits the prosecution against the defense. Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.”¹

He wanted to move the trial date up a week, to May 2, but Andrea Lyon reminded the court over a speaker phone (in absentia) her daughter graduates college that week. The judge accommodated her and allowed the date Judge Strickland set to stand at May 9, 2011. Meanwhile, he expects to hold status hearings every 45 day. With that, the hearing came to an abrupt – no, not yet… Baez corrected the judge, who called Andrea Lyon “Miss Lyons.”

“There’s no ‘s’ at the end of her name, Judge, and it’s Professor Lyon.”

The Honorable Judge Belvin Perry, Jr. stood corrected and walked away from the bench. So it was written, so it was done.

Order Regarding Deposition Schedule

Order Setting Motion Hearings 5-03-2010

NBC Today Show

The Today Show producer, Jim Lichtenstein, told me I would be on the show Saturday morning as we were leaving the courtroom Friday. It’s only a 2-minute segment and I’m mentioned briefly, but it’s something. Better than nothing. The only thing I take issue with - and that’s very mildly - is Kerry Sanders’ statement that I’m a pro-prosecution blogger. Everyone knows I’m an Anthony lover. Right?

Interestingly, I met Kerry outside the courthouse at the last hearing I attended, before Friday’s. He’s a very pleasant fellow; friendly and approachable.

By the way, I would still like to be remembered for my writing ability than as the defense fall guy. The only consolation I got out of this fiasco is a tougher judge. Brilliant, Cheney.

This one’s for you, New Puppy.

Here's to Aristarchy

I got a phone call from a TRUE friend earlier today. She wanted to know how I handle the few blogs that are so overtly tormented by my existence that they have forgotten what this is all about. Easy, I said. The more preoccupied they are with me, the less time they spend thinking about and discussing the victim, Caylee, and the defendant, Casey, not to mention George and Cindy. The fact that they stopped writing about the case months ago means Casey can get a fair trial after all. Hallelujah and thank you! I would only encourage them to continue with their freaky obsession. This will surely help bring justice they no longer care about. Meanwhile, the State Attorney's Office still cares very much and would like to take this opportunity to give thanks for shifting the attention to someone else. Soon, the defense will have no legitimate claim of bias against their client and the new judge will not have to put up with any more silly motions like that.

BREAKING STORY!!!

If you watch the video until the end, you'll see the violent, threatening and criminal brouhaha brought on by a totally angry blogger outside of the courthouse exactly as Jane Velez-Mitchell adeptly reported last night. SHOCKING! I guess I should be in jail now that all of my severe critics are supporting Baez. My, my, how the world churns...

Cheney Mason's Bet

In June of 2009, Dustin Kolodziej filed a breach of contract lawsuit in a federal courthouse in Houston, Texas. Why did he do it and who did he file suit against? Why, he did it against one of Orlando’s most prominent attorneys, J. Cheney Mason, and he did it because Mason made a blanket statement about his client at the time, Nelson Ivan Serrano, on national TV. Serrano was on trial for murdering four people, including his former business partner and a state prosecutor.

“I challenge anybody to show me, I’ll pay them a million dollars if they can do it,” Mason said on a Dateline NBC episode in a 2006. His defendant’s alibi placed him in an Atlanta motel at the time of the homicides at a Bartow (Polk County) manufacturing plant in 1997. Murdered in cold blood were Frank Dosso, Diane Patisso, George Patisso, and George Gonsalves. The prosecution had Serrano flying from Atlanta to central Florida and back to Atlanta in time to be caught on a hotel surveillance video. Mason said it was impossible to do. There was no way Serrano could have committed the murders and made it back to Atlanta, where he was recorded at the hotel. That’s what prompted him to issue the challenge.

Dustin Kolodziej took him up on it. Kolodziej had just graduated from South Texas College of Law and he retraced the steps Serrano took across two states. At the end of the final leg, he proved it could be done within the required time. He videotaped his excursion and sent it to Mason along with a letter demanding the million dollar payout.

“I’m really unconcerned about it,” Mason said back then. “When it’s over, somebody or some group of people out there are going to have to face the consequences of filing such a false, stupid lawsuit.”

Later that year, a federal judge in Texas dismissed the suit citing a lack of contacts with the state to establish jurisdiction. Also at issue was the statement, which was taken out of context. Mason said the comment was made in jest, and when his lawyers got the raw transcript from NBC, it showed the episode was edited. Not only was he joking when he made the statement, it was directed toward state prosecutors. It was reflected in that unedited interview.

“It was all done humorously and the transcript reflects that,” Mason said.

No doubt, Cheney Mason has had plenty of courtroom battles, and he was able to add this personal victory to his list, but in the end, his client, Nelson Serrano, lost. On June 26, 2007, Judge Susan Robertssentenced him to death by lethal injection.

On the day he joined the Anthony defense team, he said, “This case is going to be fun to try, and we will walk out of here with Casey in arm.”

He may be an excellent ‘shoot from the hip’ counselor, but at times, he’s more adept at shooting off his mouth.

FYI:

In July, 2007, Amy Edwards of the Orlando Sentinel broke down some of the public costs associated with his case.

Here’s a look at the Serrano case by the numbers, which are rounded.

$1 million plus

Price the Florida Department of Law Enforcement reports its investigation cost.

1,762

days in the Polk County Jail. Serrano was booked into the jail Sept.1, 2002 and booked out June 28, 2007.

$69,883

Minimum cost to house Serrano in the jail. Sheriff’s Office officials say the actual cost is likely more since Serrano was on suicide watch, which requires more security.

$68,000

Estimated cost of the salaries of State Attorney’s Office employees who were devoted to the case full time — two lawyers, one secretary, one investigator and media employee.

$36,657

State Attorney’s Office reports includes cost of expert and expert travel, court reporter, attorney travel and travel for witnesses.

$30,930

Jury-associated costs.

$29,926

Court reporter for all hearings

$29,857

Real-time court translator

$58,596

Public funds used for his defense, which include

$10,000

Jury consultant

$8,414

Court reporting

$975

Crime-scene processing

$3,532

Travel

$29,530

Investigation

$1,800

Mental health

$4,000

Polygraph expert

$290

Information and evidence

$56

Postage

A decision on this case was rendered in federal court

EquuSearch: Running out of patience before us?

As soon as members of the media showed up at Mark NeJame’s office this past Friday, Casey Anthony’s defense team ran out the door, tails between their legs. They had arrived only minutes earlier to look over records belonging to Texas EquuSearch.

Now, TES officials say they want to try to break the standoff with Casey’s team in court. One source said that, with Chief Judge Belvin Perry now in charge, they want him to decide when enough is enough. They are fed up with playing the waiting game. For more than eight months TES has waged a large legal battle over keeping most of the searchers’ records private.

In August of 2009, Casey’s defense team won the right to pore over records of 32 searchers who looked closest to the location where Caylee’s remains were eventually found. The defense later filed a motion to copy all of the records of roughly 4,000 people who looked for the toddler at all other locations, including south of OIA. Judge Stan Strickland denied that motion.

The defense made claims that at least two of the searchers looked in the very spot where Caylee rested and found nothing. Texas EquuSearch is getting fed up with the defense and is planning on filing legal paperwork to have the new judge order Mason & Co. to review the records and be done with it. Mark NeJame declined to comment.

In one other bit of news, and if my source is correct, Baez will stand behind the shadow of Cheney Mason because Mason has tried a number of cases before Judge Perry. Mason is also known to be a one man band with lots of attorneys he can turn to for assistance. He has surrounded himself with an excellent blend of specialists, all independent and all within the immediate vicinity of his office. In other words, he rents them space.

A roll of the “die”

To say I am still reeling from what J. Cheney Mason did just over a week ago is a gross understatement. I intend to return the salvo as hard as he threw it. I will not go quietly into the night.

J. Cheney Mason is a high-profile attorney. According to his Web site, he is the recipient of many awards from professional organizations for his work in the legal field. No doubt, he has earned them, and I reluctantly place him in the same league as the Johnnie Cochrans and F. Lee Baileys of the world of lawyering, but that doesn’t necessarily make it a good thing. One is dearly departed and the other was stripped of his license to practice law. Although I wish him no ill will, I would never tip my hat to him.

In the field of criminal defense, he has tried over 200 cases in Florida. His trials run the gamut of high-profile cases including white-collar crimes, corporate, bank, mail and wire fraud; arson, robbery, embezzlement, racketeering, and, of course, homicide. His resumé must read like the underbelly of an Eastern Razorback rattlesnake, as indigenous to Florida as he is.

I had the good fortune of talking to several people recently about what makes Mason tick. Why did he do what he did? What strange notion entered his brain that gave him pause to file the ridiculous and perplexing motion that forced an extremely fair judge to step down? It belies common sense and pragmatic thinking from an otherwise seemingly brilliant tactician.

As a criminal defense attorney, he represents the low-lifes of the world - like murderers. I have always maintained that everyone, including Casey, is innocent until proven otherwise in a court of law, and all people deserve to be represented by counsel. He is most certainly qualified to defend her, but whether his defendants are guilty or not is of no consequence to him. Indeed, he fits right in on this one - his most famous case to date! He’s on top of the world!

What Cheney Mason will tell you is that it is not his job to prove anyone innocent. It is merely his job to find loopholes and errors in law to exonerate his clients. All you need is a lot of money and he will work for you. This is his mantra. This is his credo. (Obviously, in old age, he has bent his rules by taking this case for a few oranges, perhaps, and an exclusive footnote in history.) By creating reasonable doubt, which is his forte, he places criminals back out on the streets we walk every day. I can’t just surreptitiously blame him for it. All lawyers take an oath to represent their clients to the best of their ability, and that includes low-lifes rolling big bucks, whether we like it or not. I will not question the motive of this man who is ready, willing and able to place criminals back out on the streets to roam. It is called ego and the thrill of victory, far removed from compassion for victims and their everlasting  justice. I will not castigate him for it because, unfortunately, he holds no monopoly in this somewhat limited field of unscrupulous attorneys.

It was ego that caused Mason to let the world know he had the power to take out a sitting judge. It was ego and a twisted mindset that caused him to file that dismissal motion exactly 12 minutes before the court closed up shop for the weekend, and it was a bitter ego that made sure the judge had the entire weekend to think about it. That’s called rubbing it in and there’s no other way to explain it. Was it fun to do, Cheney?

What exactly was he thinking? He wanted the judge of his choice in return. He expected to hand-pick Judge Strickland’s successor by playing up his abundant connections with the court and cashing in his chips, only it doesn’t work that way and hasn’t for years, probably since the time Belvin Perry, Jr. unseated an incumbent judge in 1989, something I am very familiar with.¹ All of that courthouse schmoozing went belly up. In the end, the only thing he managed to prove was that his power only reaches the front door of his own office on Orange Avenue in downtown Orlando; his throne and the center of his universe almost across the street from the courthouse. What he never expected was this end result. When a lawyer bites like a rattlesnake, the court takes a heavy dose of serum.

No doubt, he would have loved to have seen any number of judges step up to the plate. “Sure, Cheney, it would be a blast to dosey doe with you.” Only it backfired.

One judge he would have given his right arm to dance with is Bob LeBlanc. He’s a fine judge and less inclined, so the rumors go, to sentence someone to death. Could it be because he is a veteran criminal defense attorney, just like Mason? Getting the death penalty off the table is of primary concern at the moment, and the latest motions filed by this defense attest to that. In my opinion, it is the main reason those motions were filed after Judge Strickland vacated this bench. Mason was giddy with excitement over the prospect of getting to hand select a judge. Yee Haw!

There’s Julie H. O’Kane, only she rotated off the criminal bench last year, and this is no civil picnic through the park. Lest he think in his good old boy wisdom that a female would be a friendlier judge, guess again. Judge O’Kane had no problem sentencing Michael Boykin to life in prison in 2006, but the death penalty was not an option.

A. Thomas Mihok is a well-seasoned judge, but he is back on the criminal circuit after spending the past seven years working in juvenile, domestic and civil courts. Certainly, he is capable, and just prior to leaving criminal the first time, he sentenced an Orlando man to life in prison in 2003 for his role in two grisly murders that occurred in late 1999. He spared Kevin Robinson a death sentence, despite the jury’s recommendation that Robinson be put to death for one of the murders.

Roger J. MacDonald has been on the criminal bench for less than two years and his last stint ended in 1998, when he moved to juvenile and domestic. He could easily go either way.

Walter Kominski comes highly recommended. He has a litany of credentials, and has shifted back and forth between criminal, juvenile, domestic and civil, but he just went back to criminal at the end of the year. At the moment, he has his hands full with Robert Ward, charged with murdering his wife in the exclusive community of Isleworth, where Tiger Woods got into a bit of trouble.

Last, but not least, and without having to name every judge on the Orange County Ninth Judicial Circuit, we have Marc L. Lubet. Not only is he on the criminal bench, he is on the Florida Bar’s Criminal Cases Committee as well as the Criminal Law Committee. Coincidentally, he was the presiding judge at the Lisa “Astronut” Nowak plea agreement last November. Cheney Mason was one of her attorneys. The judge told Nowak that the plea would probably affect her Navy career, but added, “You brought this on yourself, and I don’t have any sympathy for you in that respect.”

Ultimately, Chief Judge Belvin Perry, Jr. had a myriad of judges to from, each and every one of them qualified to take on a burden of this scale, but none of them were sitting idly by, waiting to be plucked by the likes of Mason. They have their own case loads. Any of the judges I cited, plus many others, would have been prime pickings for him, but in the end, Cheney Mason did not play with a full deck. Instead, he became a joker standing side-by-side with the other one, Baez. He had only one die to toss and it came up a snake-eye. He never anticipated that Perry, in all his wisdom and experience, would put his foot down. He thought this would be fun & games. Well, the good ol’ boy club went out of business years ago. A little girl is dead and the woman standing accused of her murder is a step closer, not farther away, to her fate because of this decision. For better or for worse, God works in mysterious ways. If Mason wants to go out in a big blast blaze of glory, I predict he will implode right before our very eyes. No fading away. No more awards, either, because it takes dice to play a game of craps and he only came equipped with one. That spells crap.

Take good care of your health, Cheney, you are going to need it.

Perry v. Mason, et al

There is such a stark contrast between Judge Belvin Perry, Jr. and J. Cheney Mason, it’s like night and day. The way Mason handled himself at Casey’s indigence hearing was comical and bizarre, to say the least. We got to see a good old boy duke it out with an easy going, bend-over-backwards to be nice, class-act, kind of jurist. What sort of lawyer would have the audacity to ask a circuit court judge in high standing whether he trusted him or not? A wolf in sheep’s clothing? A man with no scruples? I guarantee, with the changing of the guard, Mason will never try this sort of spontaneous trickery on Judge Perry. Therein lay the perplexing issue with Judge Strickland. It became evident from the moment Mason asked this silly question at that first encounter between the two that he had it in for the judge. He didn’t respect him enough to bite his acerbic tongue, and none of us picked up on it. Don’t you trust me is a despicable question to ask because the fact is, no one trusts him and one of the ‘whys’ became clear when he ambushed the judge.

With Judge Stan Strickland’s recusal, the new marshal in town issued an edict titled, ORDER SETTING CASE MANAGEMENT HEARING. What I’m curious about is whether this is standard protocol or intended to warn the (mostly defense) attorneys to mind their Ps & Qs. Of course, in order to be fair and just,  the order is inclusive, meaning prosecutors, as well. And to be further fair and just, I will say I have seen and heard Jeff Ashton in action and he can get rather animated, but has yet to step outside the realm of dignity and composure.

From the opening bell, Judge Perry has set the pace. BAM! You will do this!

Judges and lawyers have a professional obligation to conclude litigation as soon as it is reasonably and justly possible to do so…

The trial judge shall take charge of all cases at an early stage in the litigation and shall control the progress of cases thereafter until the case is determined. The trial judge shall take specific steps to monitor and control the pace of litigation…

- Fla. R. Jud. Admin. 2.545(a)(b)

Clearly, the precept is to get all acts together. From what I have witnessed sitting in the gallery, the prosecution has remained on an even keel, with a set course of action, while the defense has flip-flopped like a fish out of water. This may change dramatically with the addition of Mason on the defense team, but his first attempt at striking down the sitting judge was met with an expired notary commission stamp from the last decade. Is this an omen of things to come? Not in Belvin Perry, Jr’s court. He set a date for a come to order meeting, sua spontestyle, on April 30 at 9:30 am. For on this day it is ORDERED AND ADJUDGED that both sides be prepared to discuss:

Discovery deadlines, including but not limited to, the scheduling and completion of depositions of all ordinary and expert witnesses; future deadlines, motions that remain pending and unresolved, and pre-trial and trial dates.

By the way, sua sponte is Latin for “on its own will or motion.” That means the judge does not expect to have to kick any attorneys in the fanny to get the ball rolling by that date. He expects them to provide the court with pending motions, including specific identifiers that will need future evidentiary hearings and those that may be addressed based on the pleadings.

The order also means the attorneys must provide the Court with courtesy copies of the motions. A typical dirty trick this defense has been playing all along is filing motions minutes before a hearing is set to begin, within minutes of a deadline or just before the end of a day. Take the one asking for Judge Strickland to dismiss himself. It was filed at 4:48 PM last Friday, 12 minutes before the Clerk of Court shut down for the weekend. So far, I have attended four hearings, of which multiple motions have been heard. At each one, invariably, motions would make their way to Judge Strickland’s bench minutes before he walked into the courtroom. How can a judge rule on a motion when he doesn’t get to see it until two minutes before the hearing starts? BAM! Gone are those days.

On a more personal note, I found it to be exceptionally cruel that this motion was filed so late on a Friday afternoon, which gave the judge the entire weekend to mull it over. It was an incredibly vicious and classless way to let a class act know that his number was virtually up. In his closing statement, Judge Stan Strickland noted that the motion accused him of “being an aggrandizing media hound.” The irony, indeed, was rich, and I hope Chief Judge Belvin Perry, Jr. takes note of that.

What we have here is a cowboy lawyer with a judge who knows how to crack the whip. Yes, Cheney, this should be lots of fun. Are tight boots part of the courtroom decorum?

My Dearest Muffin

Since Casey’s defense smeared me as a pro-prosecution puppet, I might as well take on that role for now. It’s funny, too, because I was always cast as a goon for the defense by some of the blogs.

Dear Muffin,

You stupid twit. You had your cake and wanted to eat it, too, just like you’ve had it all your life. Well, guess what? You “done run outta cake” as your new Grandpa Cheney Bricklayer would be saying had he not turned an about-face and squeezed his flabby-scabby butt next to yours. Oh yes, there’s no doubt in my mind who came up with this brilliantly stupid notion to unseat your best chance at remaining alive for years to come. Yup, you sure know how to pick ‘em. Bricklayer, you and Jose Pimpdaddy are going to rue the day you pointed your finger at Judge Stan Strickland, the fairest judge in all the land, and whispered to “make him stop.” Well, you made him stop alright, but you created a monster.

You and your team of craptorneys are really going to have it tough from now on, a lot tougher because Chief Judge Belvin Perry, Jr. is a no-nonsense judge who will squash you like the low-life cockroach you really are. There won’t even be a carcass by the time he gets done with you. I just can’t wait until the day you try to pull off another stunt like this because you just used your last Get Out of Jail card and you ain’t even remotely close to seeing and breathing the same freedom as me.

You wanna know something else? Also gone are those days when I treated you fair and civilized, just like Judge Strickland said on live TV. You and your buffoons are up against a well-known judge who will not tolerate those silly courtroom antics you are famous for, and you might as well get used to filing proper motions.

Speaking of motions, I had to laugh at the ones you just submitted for dismissal. What’s this? Florida’s capital sentencing procedure is unconstitutional? Therefore death is not a possible sentence? And what about your claim that prosecutors decided to seek the death penalty just to make it so expensive for you to defend herself? DUH, you have a dream team that’s going to get creamed and you blame it on costing too much money for pro bono work? Nonsense! Face the music, you’re charged with a heinous crime and ordering Belvin Perry to make it stop is not going to make it stop. Trust me on this one. I can see the handwriting on the wall… the state didn’t spend enough money on you, therefore, as you sit there in a snit, the jury must acquit. Right.

You take the cake with the one claiming sexism. Where is Betty Friedan when you need her? Researchers have found that when women defy traditional gender stereotypes, and commit ‘men-type’ crimes, they are punished more severely than comparable male offenders. HAH! I hope you brought plenty of footnotes along with that one. By the way, tell your attorney that ‘men-type’ is an extremely sexist term.

In closing, I must say congratulations, Casey! You rolled snake-eyes. Although you managed to get your best chance judge to give you a Community Chest filled with State money, you will never pass Go again and you will never collect $200 by the only means you know how -  by stealing it.

Is it OK to ask you for a small favor before I go? Please ask that pompous, bombastic windbag of yours if he ever paid off that million dollar bet he made. Actually, never mind, because he didn’t, and he’s the laughing-stock of the Orlando legal community. That should tell you something about his character, and in the end, when the jury returns with a verdict, he will end his career with the biggest flop of his life. Banished and tarnished, just like you tried and failed to do with the judge.

You know, I have always been against the death penalty, but in your case, I may just have to change my mind. Indeed, as Judge Strickland wrote, the irony is rich, and I would add that you are much poorer for it. He may be off this case, but I am not, and you ain’t heard nothin’ yet. You went from Strickland to stricter. Wrong move.

SINcerely,

Marinade Dave

P.S. Write back. I gave Pimpdaddy my business card. I’d love to hear your side of the story.

Beware of soft shoe shufflers

Two quotes come to mind as I open this post. One comes from George Harrison. You can listen as you read.

Watch out now, take care
Beware of soft shoe shufflers
Dancing down the sidewalks
As each unconscious sufferer
Wanders aimlessly

After yesterday’s motion, do Jose Baez and Cheney Mason think they will be dancing down the sidewalks, as Casey prances between them, arm-in-arm? Mason said so. This is going to be fun!

Last month I wrote a whimsical comment…

I’m back. I had lunch. We all went out. Jose and gang, Linda Drane Burdick and company. I told them we wouldn’t all fit in Waffle House, but dang! We did. Cheney Mason even picked up the tab – plus, he left a big tip! Judge Strickland was telling funny jokes the whole time. I coughed in my coffee, it was so funny. The only sad part for me was that they all ate dessert, but I couldn’t.

Now, I am reading that people actually believe this to be true, as if we really did sit down together at a Waffle House and pass the syrup. One big happy family.

Let me tell you, I did not expect this nightmare to come down on me yesterday. I have maintained all along that Casey could never get a fairer judge in the state of Florida and I am of the opinion that the defense has not just shot itself in both feet, it took a shotgun blast to the liver. That’s my gut feeling.

When private investigator Jerry Lyons came calling last Sunday, I had no idea of the tack the defense would ultimately take. The guy was as smooth as butter. To be truthful, he was exactly like a car salesman who loads you up with all the options without you knowing it and before long, you pay a huge price. First, he plied me with compliments about my blog. Then, he asked me whether Casey could get a fair trial in Orlando. He questioned my friendship with police, especially Sgt. John Allen of OCSO. He segued into the judge and before I knew what he was doing, he got me to talk. Mind you, as soon as I realized what he was up to, I told him the defense would be stupid, stupid, stupid for going after Judge Strickland and I stopped. But it was too late.

Between you and me, Jerry Lyons said that John Allen is a bad cop. He’s got a ridiculous track record and he makes all police look bad. He’s dishonest and a liar. Did I agree with his sleazy critique? Of course not, and this is how he tricked me into opening up, by hitting below the belt and getting me to defend his targets, but there’s nowhere in that motion that any part of this conversation took place. Clearly, it was a pick and choose edit intended to do one thing and one thing only: nail the judge to a cross. How naive I was, but did I purposely help the defense? Not in your life. Did I think this selectively taped conversation would work against the judge? No, not initially, and I only spoke to him to begin with because I felt there was nothing to hide; that the state, law enforcement and the judge were on solid ground. I told this P.I. that the judge bases his decisions on law and statutes and that sort of thing and he would never deny a motion due to his own personal feelings. From what I’ve seen in the courtroom, he’s never shown me signs that he took issue with the defense. What I always saw was a judge described by Eyewitness News Legal Analyst Bill Sheaffer, who agreed with me yesterday by saying “the motion is a mistake because Knechel is not directly involved in the case.” He added that “the defense could not ask for a more impartial, patient, or fair judge.”¹

I couldn’t agree with him more.

On the WESH Website, Richard Hornsby said, “There is little doubt that one day the defense will look back on the motion (as) the worst move they’ve made,” He added that, “Judge Strickland has previously shown a fairness to Casey in the way he sentenced her in the check case, and now they don’t know who their judge will be.”

Before I dig into the motion filed by the defense yesterday, let me tell you a few things. To all who sent me nasty comments, they went unread because I only need to read the first couple of words to let me know why they went into spam to begin with. The others who did so I know by heart. You just soldier on. By all means, continue sending me hit after hit after hit. Also, to you who have done so for months now, day after day after day, so what? Nothing has changed from Thursday to yesterday because you were already filled with the stench of hatred. Whatever gets your jollies off.

What has perplexed me all along is how I am considered an Anthony lover and now, the defense throws me under the bus by accusing me of being the exact opposite and some of you still regard me as this Casey supporter because I aided the defense in this conspiracy to unseat the judge. Well, let me tell you, I did no such thing, and if you add up all the elements, you would know that the ripple effect from this will be the exact opposite if the defense gets it’s wish. If, as I have maintained all along, the Honorable Stan Strickland is the fairest judge, what sort of judge would replace him if he chooses to recuse himself? The defense cannot hand-pick a replacement. Who would take his place is a game of Russian Roulette with 41 rounds in a 42-shot pistol. No insult intended for the remaining circuit court judges, but Judge Strickland is held in such high esteem, I don’t need further explanation.

The Motion

To say I was blindsided by this defense is an absolute understatement and I never really got to see the motion until after all of the interviews were done. Thank God that yesterday’s news, as the old saying in the newspaper industry goes, is the bottom of today’s bird cage, but the ramifications of this motion will continue for months to come, if not throughout history. Does anyone really believe this is how I would like to be remembered? The guy who took out a judge who I have nothing but complete respect and admiration for? This motion is eating me up inside because I will forever be remembered as the defense’s scapegoat. Knechel trumped Kronk and I’m not directly involved whatsoever. Instead of proving Casey is not guilty, it will be about how a blogger inadvertently changed the course due to a legal technicality. No, I am not implying anything about the final outcome.

Let’s start with the opening bell:

The precipitating grounds for disqualification is the revelation that the judge has apparently developed a personal relationship with a journalist/blogger known fictitiously as “Marinade Dave”, who has historically presented numerous stories of severe bias and prejudice against the Defendant.

Now, this is what clearly befuddles me. I have tried to be fair in my writing and that has gotten me into trouble with the lunatic fringe who are obsessed with my so-called love for the Anthonys. I wrote a post titled, Casey Anthony must die, published on April 20, 2009 - virtually a year ago. Does any proof exist that the judge even read it? Did he single that post out and bring it to my attention as a fair post? Better still, did the defense even take the time to read it? I contend that they did not, and there’s a reason why. The following is a paragraph from that post:

Since the middle of July of last year, the name Casey Marie Anthony has permeated the airwaves, earwaves and print media of this country and many parts of the civilized world on a daily basis. Every day, something must be reported on the case against Casey, and no one has titillated more than Nancy Grace. All of her loyal followers must be tickled pink since the State Attorney’s Office of Florida announced last week that the prosecution will seek the death penalty against her for the murder of her daughter, Caylee Marie. State Attorney Lawson Lamar’s office said they want to kill Casey because, as the official explanation says, “sufficient aggravating circumstances” have come to light. Please take note that Lamar did not ask for the same thing against George, Cindy and Lee and some of you won’t sleep until the entire family is dead by the wheels of justice. How ironic that nearly 2,000 years ago and for hundreds of years, the idol worshippers of Rome demanded the heads of Christians as they begged for their lives. Now, it is the Christians making the same kinds of demands. There should be no trial.Casey Anthony must die! I am not going to delve into the pros and cons of this sort of punishment and I don’t really want to hear opinions one way or the other. This article is meant to just give you a taste of things to come.

Does that sound like I was asking for Casey’s scalp or does it reflect a more humane sort of treatment? My intent of the post was to explain the death penalty, which was what the state had just changed the penalty to. I continued…

Before you throw any “Lawson Lamar lament” my way, this is not meant to argue the pros and cons of the death penalty, nor is it to trash Casey for not fessing up. This is just to let you how the process works.

All who read me are aware I am against the death penalty based on my moral beliefs. The post I wrote was more or less to point out the barbaric nature of it and I based it on case studies. The people out there who insist that Casey must die were my targets, not Casey. How mindless this defense must be.

The Caylee’s murder: Premeditated and pretty stupid, too post was pretty much like what the title says. Hey, I was telling it like I saw it back then. Written in February of 2009, is there any proof whatsoever that the judge read it? To the morons who call me an Anthony lover, no doubt you passed it on by. Idiots.

The other post cited by the defense in the motion was Guilty as CHARGED?published in June of 2009. Please note the question mark at the end of the title. You know something? That post was primarily about the fraud charges and if it was read thoroughly, the defense would understand it was a straight-up report, similar in fashion to an AP style. Should the judge recuse himself because it could have come out of a newspaper and he reads the Orlando Sentinel? What if he watches the news, too? And, of course, has the defense forgotten what Casey did? Why, she pleaded guilty to ALL thirteen charges and let this be a reflection on the sitting judge; he dropped seven of the thirteen. Baez asked the court to give Casey credit for time served and place her on probation in the check case. The judge agreed that Anthony had already spent more time in jail than any sentence she could receive in the check case. If that sentence wasn’t fair enough, I wish the plea could be rescinded and put before a different judge, let’s say Belvin Perry, Jr. Damn, Baez, what did you want? That the state apologize to Miss Anthony for charging her with fraud to begin with?

On page 13 of the motion, the defense writes:

Judge Strickland’s deliberate courting of a well known media figure raises the inference that Judge Strickland seeks publicity in his own right…

and

Due to Mr. Knechel’s relentless pro-prosecution bias, as evidenced in his blog posts, any reasonable observer could conclude that Judge Strickland’s endorsement of Mr. Knechel’s blog is evidence of Judge Strickland’s own pro-prosecution slant in this case.

How disgusting. The Merriam-Webster online dictionary describes courting as,“to engage in social activities leading to engagement and marriage” and “to engage in activity leading to mating.” Baez and Mason need to get their minds out of the gutter. That’s bad enough, but to state that I am a well known media figure? Tell that to the millions and millions of people out there who never heard of me until yesterday. You clowns created the media beast. That’s after the fact, not before. Motion dismissed.

Had the defense cited ALL of my posts, it would see there is a fair and open-minded balance of views, to which my loyal readers will attest. How dare an unrefined, wet-behind-the-ear lawyer and an over-the-hill windbag attorney write such drivel. Ask my critics whether I am an Anthony lover or not and see what response you get.

I know there are many more elements of that motion I could argue all day long, but I think I’ve gotten my point across. I will readily admit I have made some mistakes. I regret the day I put up the post about meeting the judge and I have said so, but I stand behind everything I have written about this case. The defense heard the judge call me up that day. No evidence exists that he has read every one of my posts, including ones that have nothing to do with the Casey Anthony case. I have steadfastly maintained that I am more than fair and balanced regarding the crime and what I have reflected on, and everyone who knows me will pretty much agree with this assessment. In my opinion, what Casey’s defense has done is tantamount to handing her a ticket to hell. If the defense has no faith in her innocence, which it clearly spells out by the direction it is taking, how can anyone expect a jury to buy her story? Kronk owns duct tape. Knechel knows the judge. George and Cindy are yet to come.

Why did the defense waste taxpayers’ money to find me instead of Zenaida Gonzalez? Is it nothing more than an admission that a nanny does not exist? Why is the defense searching for a way to get Casey out of jail on a technicality instead of pursuing a course that proves she did not commit the crimes for which she stands charged? Why attack this judge who has stood by his tenets based on law, not emotion?

What the judge needs to do is toss this motion out because it smacks of desperation. When Baez and Mason must attack a blogger and a distinguished member of the court, clearly, they have run out of options. I’ll bet the farm it ran out the same day Cheney Mason’s notary commission expired, which makes this motion null and void. If this is the best the defense can muster, God save Casey, because they sure aren’t doing their job. I still don’t believe in the death penalty, and if they had any smarts, they’d have paid some attention to what I’ve written about that, too, instead of focusing on all they disagree with. Those stupid idiots. That’s what makes me fair and balanced.

I never looked for trouble. I was blindsided by the defense, but let me tell you, the words of encouragement from all of the media personnel who interviewed me yesterday kept my spirits from sinking into an abyss because of this mess. They helped me tremendously by offering their support behind the scenes. Believe me, there’s more going on behind these scenes than any of you can imagine and that’s just the way it is, believe me or not.

I will forever maintain that Casey Anthony deserves her day in court. I have been steadfast in my belief that she is innocent until proven guilty in a court of law. It has never been our job to pronounce judgment on her. Today, I stand before you, my peers, and make this last statement. Jose Baez and Cheney Mason are guilty of insufficient legal counsel. It is their own inept bumbling that will change the course of this case, not me, and certainly, not Judge Stan Strickland. This isn’t bias. It’s fact.

One final thought. I have maintained all along that I have never published anyone’s private identifying information on the Internet. Jeremiah Lyons has turned me into a public figure and I am going to do the same thing to him. Look him up on the Internet, just like what he did to find me. Jerry, I know you were just doing what you do well, but you’re a sleazeball, you rotten son of a bitch. You took me out of context.

Jeremiah Lyons, Investigator, Port St. Lucie, Fl (772)812-6430

Just like his card says. Do what you want with it.

I want to especially thank Bob Kealing from WESH for being such a stand-up guy. He has been the consummate gentleman and mentor, and I have the utmost respect for him. He’s a class act.

In closing, my heartfelt thanks go out to Snoopy and everyone who has stood by me, including Melissa, who wrote a wonderful post. I will continue to do my best to provide my unique insight into this case. To all who sent me encouraging e-mails, thank you. I will try to respond, but I am in a bit of a funk these days.

Another look at Suburban Drive

Yesterday afternoon, I took a ride down to Suburban Drive, just to see how it fared after the coldest and longest winter I’ve ever been through in my 29 years of living in the Orlando area. We had an unusually high amount of rain, too. On a personal level, I wanted to take a little breather from the exasperating news of late that seems to have raised more questions than answers. Was Casey really molested by her brother Lee and George, her father? Are jail house snitches Robyn Adams and Maya Derkovic telling the truth about what they saw and heard? Is Jose Baez a crook? Did Casey admit to using chloroform? Did she describe little Caylee’s black bag coffin before anyone else knew about it? There are so many new and complex questions from this latest document dump, it’s tough to sort through all of the documents and recorded phone calls to garner all the answers. In particular, the letters Casey wrote are excruciatingly painful to read.

I hope this new video gives you a clearer look inside of those woods, not to mention something different to discuss for a day or so.

[vodpod id=Video.3402505&w=425&h=350&fv=%26rel%3D0%26border%3D0%26]

Jailhouse Confections, Part 1

Confections [kənˈfɛkʃən]  - Informal anything regarded as excessively elaborate or frivolous

Maya Derkovic and Robyn Adams

Venting through the ventilation system

There was only one catch and that was Catch-22, which specified that a concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind. Orr was crazy and could be grounded. All he had to do was ask; and as soon as he did, he would no longer be crazy and would have to fly more missions. Orr would be crazy to fly more missions and sane if he didn’t, but if he was sane he had to fly them. If he flew them he was crazy and didn’t have to; but if he didn’t want to he was sane and had to. Yossarian was moved very deeply by the absolute simplicity of this clause of Catch-22 and let out a respectful whistle.

- Joseph Heller, from Catch-22

That’s one of the problems with the letters released yesterday, letters written by Casey’s own hand. Damned if you believe her and damned if you don’t. Here, we have 258 pages of, as criminal defense attorney Richard Hornsby stated, drivel. We also have several interviews to pore over and Detective Yuri Melich’s synopsis of what Maya Derkovic and Robyn Adams told him and other members of law enforcement about conversations they had with Casey. The words of two jailhouse snitches allegedly coming from a confirmed liar.

Herein lies a dilemma. In her interview, inmate Maya Derkovic talked about Casey using something to knock Caylee out, but she was not specific about what drugs she used to do that. Melich wrote, “Casey Anthony never mentioned what she used to put Caylee Anthony to sleep.”

But also in his investigative summary, Melich reported something completely different coming from inmate Robyn Adams. “Caylee Anthony had trouble sleeping and she had to use chloroform to put her to sleep. Casey Anthony implied her mother may have brought the chloroform home when she worked at a local clinic.”

Those are contradictory words written by Melich. Generally, prosecutors rely on sworn testimony and not on what a detective writes in a summary, but now the possibility exists that the defense could exploit the detective’s credibility at trial. In the movie Cool Hand Luke, starring the late Paul Newman, the prison captain said, “What we’ve got here is a failure to communicate.” Was it chloroform or wasn’t it, according to Melich? Did Casey tell one person about using this trihalomethane, but not the other? Can we trust anything coming from the mouths and hands of an established prevaricator, a convicted murderer and a convicted drug trafficker out to strike a deal with the State?

Without addressing the Melich implications any further, I will focus on Casey’s jail-bird friends. Melich is a matter for legal dissection.

What happens when convicts are called to the stand is simple. The defense has the option to cross-examine, and when they do, a whole can of worms spills out about that person’s criminal past. Yes, the defense will do that and because of the Sixth Amendment, Casey will have the right to be confronted with the witnesses against her, shackles and all.

Maya Derkovic, now 21, was convicted of murdering a 15-year-old girl, Harriet “Jackie” Curtis, in February of 2008. Dear Maya is spending her best years at Lowell Correctional Institution. She was a member of a gang, the 3rd World Rolling Sixties, a spinoff of the West Coast Crips. While incarcerated at the Orange County Jail, she decided it was time to come clean with what she did, so she opened up to a jailer, and later, to detectives. She and two other gang members lured Curtis to a retention pond on Goldenrod Road with the sole intent to kill. The other two, Amiri “Sin” Lundy and Dominique “D” Tolbert, held Curtis down while Derkovic choked her to death.

A pertinent point Casey’s defense would bring up is the conflict that’s arisen since Derkovic’s confession. In trying to find peace, she decided to come clean. In October of 2007, she told Orlando Sentinel reporters Henry Pierson Curtis and Sarah Lundy, “What I did was terribly wrong. It’s time to fess up to what I did and do the right thing.”

That sounds all chivalrous and everything. Good for her. She saw the light. Praise the Lord, but there’s a problem with it. She appealed her conviction. For the record, she is now incarcerated for these felony offenses: (1) Carjacking Without Felony Assault/Deadly Weapon - 2 years; (2) Aggravated Flee/Alluding a Law Enforcement Officer - 2 years; and (3) 2nd Degree Murder, Dangerous Act - 30 years. Why would Ms. Derkovic appeal her conviction if her inner conviction was to come clean and seek redemption?

Robyn Adams is married to a former police officer. Orlando Sentinelreporters Jim Leusner and Vincent Bradshaw wrote on July 23, 2008 that “Clay Adams lived two lives: one as an Altamonte Springs cop, the other as a painkiller-addicted, marijuana grow-house operator who was scheming to kill a former supervisor.”

Courtesy of WFTV

I live right around the corner from Altamonte Springs and there’s no way I don’t remember the story of one of the city’s finest from July 2008. According to a complaint filed by Agent Timothy Gunning of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, Robyn Adams, then an employee at a surgeon’s office, obtained illicit prescriptions for her husband and marijuana seeds from the Netherlands via the Internet. They both ran the grow-house.

According to the Sentinel article, the complaint gives this account of the probe:

Adams approached an informant to partner in a marijuana-growing operation. That person tipped off CCIB agents, who brought the Florida Department of Law Enforcement and ATF into the case.

During the next two weeks, the informant secretly recorded meetings and phone calls with Adams and his wife while agents monitored them. Adams bragged about previous marijuana-growing operations and driving the pot to Tallahassee distributors.

Adams provided the informant with drivers-license photos, undercover aliases and real names of drug agents and CCIB officers, along with the descriptions of their vehicles. Adams also supplied weapons and prescription drugs to the informant, a convicted felon.

He told the informant that he joined CCIB earlier this year to learn investigative methods on how to detect marijuana-growing operations, Gunning wrote.

Adams was “extremely upset” when a supervisor’s reprimand led to his removal from the task force, the agent wrote.

“Clay advised [the informant] that he will let the issue cool off for a couple of months and then ‘take [the supervisor] out’ when he least expects it, utilizing a .308-caliber rifle equipped with a silencer,” Gunning wrote.

After the informant rented a home for the operation, Adams and his wife set up hydroponic equipment in the residence last weekend and provided marijuana seeds, the complaint read.

Adams is a master patrolman who has served as a uniformed officer and detective for Altamonte Springs police. He has been suspended without pay, police Chief Robert Merchant said at a news conference Tuesday.

Adams’ actions “disgraced the honor of the badge,” he said.

“I am extremely upset,” Merchant said. “We work very, very hard to build our reputation only to have it brought down by [Adams’] actions.”

This is a despicable couple who conspired to deal in illicit drugs and (allegedly) have a police officer murdered. Clay Adams owned an arsenal of handguns, rifles and shotguns¹.  She will stay locked up inside the Tallahassee Federal Correctional Institution (FCI) until April 6, 2017, while he will remain up close and personal-like with Big Bubba at the Beaumont FCI until October 17, 2023. When interviewed, Bubba said he “don’t like cops gone bad.” No one does. Robyn Adams kept those letters from Casey after promising to dispose of them. Flush after reading. She tried to work out a plea deal over them. In my opinion, once a cop’s wife, always a cop’s wife, no matter how rotten to the corps. It’s a mindset thing and if you can’t trust a cop - or his wife - who can you trust?

I don’t know what is truth and what is fiction from the documents released yesterday. What I can and will say is that there are huge differences between being raised up with a strong religious faith and the kind that comes in prison, called jailhouse religion. I’m not going to say that either of these women picked up an honesty trait suddenly, and I’m not going to deny that they may have had epiphanies - the sudden realization or comprehension of the essence or meaning of something - a Come to Jesus moment so to speak, but I sure as hell wouldn’t put any stock in what they had to say. Any more than I would put in Miss Anthony’s letters. Again, let me refresh your memories… “Not a bit of useful information has been provided by Ms. Anthony as to the whereabouts of her daughter,” Circuit Court Judge Stan Strickland said. “And I would add that the truth and Ms. Anthony are strangers.”

What we have to be very careful of is selective believing. If you don’t trust Casey, how can you believe any of it is true? If you do believe any of it, you must believe Casey is telling the truth. So are the snitches.

A veritable Catch-22. Plus 2.

OCSO SUPPLEMENTAL REPORT ON CASEY’S LETTERS

Bashing & Trashing

Letters written with conviction

Casey Anthony’s secret jail house letters to fellow dorm mate, convicted felon Robyn Adams, should be released today. While the contents are not earth shattering, they should shed light on what makes Casey tick. Adams is the wife of a former Altamonte Springs police officer. She had been held at the Orange County Jail for helping him grow and sell pot but has since been transferred to the big house, her home for the next 10 years, give or take, depending on her behavior.

In court yesterday for an unrelated hearing, Casey’s defense attorney, Jose Baez, said, “You are going to find, if you look at them in context, a person who’s locked up 23 hours a day.” He added that they have nothing to hide.

Word on the street is that she wrote about the cuisine at the Thirty-Third Street Eatery. The nachos aren’t as good as Taco Bell or something like that. Here is where I’ll go out on a limb and say why I think the letters may help the prosecution. It’s not about what she wrote, it’s about what she didn’t write. If there are no mentions made of Caylee in those 50 letters, or if she’s merely noted in passing, it could shed light on a mother who couldn’t care less about the death of her daughter, she doesn’t mourn her, and she is, quite seemingly, very self-absorbed. On the other hand, please keep in mind that Casey has been told by Baez not to talk about Caylee or the case and that could be a very viable explanation.

Oddly, many people should be in total agreement with her on one front. She spends a lot of time bashing and trashing her parents. There you go, just what the bashers and trashers wanted to hear… You go girl!

♦

In other news, prosecutors want transcripts of the hearing held on August 21, 2009. It was there that Casey’s former defense team member Todd Macaluso announced in court that, “The body or remains of Caylee Anthony were placed there after Anthony was locked up in the Orange County facility.”

At the time, the defense would not go into details about the evidence they had to prove it. Macaluso’s bold statement set up the defense’s request for records from Texas EquuSearch, the volunteer group that helped search for Caylee. TES maintains that the wooded area was too flooded at the time to search.

Speaking of Texas EquuSearch, Orange County Circuit Court Judge Stan Strickland denied Casey’s request for all of the records from the search group after yesterday morning’s hearing. Baez had argued that the records are important to the case, but TES attorney Mark NeJame said Baez had plenty of time and access to view them. He called Baez’s lack of doing so “either laziness or sloppiness.”

In his order, the judge wrote that the files are still available for review at NeJame’s office in downtown Orlando and, therefore, there’s no reason to modify an earlier order. If the defense needs to access more records, they are free to request those.

Defense TES Document Denial by Judge Strickland

The Confrontation Clause & Hearsay Rule

In his play King Richard II, written in 1575, William Shakespeare had his fictional king set this procedure for trial: “Then call them into our presence - face to face, and frowning from brow to brow, ourselves will hear the accuser and the accused freely speak…” (Richard II, Act I, Scene I).

At the time Shakespeare was writing his plays over 400 years ago, outrageous abuses were the daily routine in criminal trials throughout England. Supreme Court Justice Clarence Thomas pointed out in the 1992 case of White v. Illinois, U.S., 112 S, Ct. 736, 50 Cr.L. 2031, that people in early England were being convicted in trials by “anonymous accusers and absentee witnesses.” (112 S. Ct. at 746, 50 Cr.L. at 2037).

When Casey Anthony stands trial in May of 2011, her guilt or innocence will be determined to some extent by LIVE witnesses. When any of those witnesses want to testify about something someone else said, outside of the courtroom, the testimony is called hearsay. While it is true that all in-court testimony possesses risks regarding honesty and accuracy, hearsay is much riskier. As a matter of fact, the Sixth Amendment hearsay rule operates to exclude such evidence at trial. To comprehend the hearsay rule and its exceptions, we should better understand the reasons for the rule and its history.

Sir Walter Raleigh

“This is a sharp Medicine, but it is a Physician for all diseases and miseries.”

Explorer and soldier Sir Walter Raleigh was a member of the English Court of Queen Elizabeth. Until her death in 1603, he enjoyed her patronage and protection and pretty much had his way. When she died, the new king, James I, didn’t take much of a fancy in him and he was thrown into the Tower of London. Later that year, he was tried for treason against the king. His conviction was based on the confession of one conspirator, who did not appear as a witness in court. Most historians agree that the man was most likely tortured into confessing, because he denied it prior to Raleigh’s trial. He was later released and rearrested, and in 1618, he was beheaded.

“Let us dispatch,” he said to his executioner, who showed him the axe. “At this hour my ague comes upon me. I would not have my enemies think I quaked from fear.”

His final words were said to have been, “Strike, man, strike!”

Following the death of Sir Walter Raleigh, English courts began developing hearsay rules and by 1690, evidence shows that they were in place to prevent abuses like the one that caused Raleigh’s untimely death, which was nothing more than trumped up charges.

William Penn’s Jury

Poor old William Penn. You probably know him more by the state named after him, New Jersey. Oh wait. It was Pennsylvania. Silly me, but speaking of New Jersey, are you aware that in the summer of 1783, the Continental Congress met in Nassau Hall at Princeton University, making Princeton the nation’s capital for four months? Sorry, I had to get a plug in for my home state. Back to Penn…

One of the most important cases in the development of the authority and power of a jury occurred at a trial against him in London in 1670. It was their duty to determine the weight and credibility of testimony from witnesses. Penn was a peaceful man who had been charged with preaching to an unlawful assembly. The basis of the charge was that he addressed his group of followers in a church meeting. To the king, who was of a different faith, that was a no no, because citizen’s were supposed to adhere to his religion. Or else.

The trial was a farce, filled with hearsay and innuendo. After the trial, the jury refused to convict him. The king ordered them to reconsider. They refused. He refused to accept their decision and ordered them held for two days without food, water, and other basic necessities. Of course, there were no flushing toilets in the day. When nothing broke them, they were finally released, but they were fined for holding to their not guilty verdict. Later, an appellate court sustained Penn and the jury in a writ of habeas corpus, ruling that juries were not to be punished for failing to deliver the verdict the court wanted.

After the trial of William Penn, the concept of an impartial jury continued developing, along with the hearsay rule. John Henry Wigmore (1863-1943) called the hearsay rule “the greatest contribution of the [English] legal system… next to the jury trial.”

American Colonies and States

The idea of independent, impartial juries and hearsay rules were brought to the New World by English settlers as part of the common law system from Great Britain. After the Revolutionary War, the new country adopted the rules as part of the American legal system. Citizens had the right to an impartial jury and theBill of Rights Confrontation Clause was set forth in the Sixth Amendment in 1791.

The Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

The U.S. Supreme Court noted that the rule against hearsay is closely related to the constitutional right of confrontation as they both “stem from the same roots” and that ”… hearsay rules and the Confrontation Clause are generally designed to protect similar values…” Dutton v. Evans, 400 U.S. 74, 86, 91 S. Ct. 210, 218 (1970).

In the 1980 case of Ohio v. Roberts, 448 U.S. 56, 100 S. Ct. 2531, the Supreme Court recognized that “historic evidence leaves little doubt… that the Clause was intended to exclude some hearsay…” But it doesn’t forbid it.

Order in the Court!

Fans of Perry Mason reruns and Law & Order should be familiar with hearsay, but who can clearly define it?

Take the case of Mark D. Jensen, a Wisconsin man found guilty of murdering his wife, Julie, in 1998. About 3 weeks before her death, she told local police via voice mails, her son’s teacher and a neighbor that she suspected her husband was planning on killing her. She took the extreme measure of giving her neighbor a sealed letter that detailed her suspicions, and told her neighbor to hand it over to the police if something happened to her.

After falling ill and taken to bed, on December 3, 1998, she died. The State alleged that her husband gave her ethylene glycol - antifreeze - and then possibly smothered her as the poison wore off. The defense ploy was rather simple; they argued Mark Jensen’s wife was depressed because he was having an affair, so she committed suicide.

The case dragged on until 2002 and beyond, when Jensen was finally charged with his wife’s murder. This was due to legal wrangling over evidence. In March 2004, the U.S. Supreme Court overturned a 1980 case that laid out complex rules for when statements could be used without the opportunity for cross-examination. After all, Julie was dead and she was not going to be cross-examined. Prosecutors wanted to use Julie’s letters as a “voice from the grave” in an effort to prove her husband murdered her. First, the court had to rule if it was legal to allow such evidence.

In that 2004 decision, the U.S. Supreme Court said the case complicated a part of the Constitution that guarantees a criminal defendant the right to confront his accusers. In Crawford v. Washington, 541 U.S. 36 (2004), the standards for determining when hearsay statements were admissible in criminal cases were changed. The court ruled that defendants have added protections if the hearsay evidence is testimonial or accusatory. For those types of accusations, the decision toed the Sixth Amendment line, that the defendant had a right to confront his accuser. Thus, a Catch-22 problem arose. If Jensen killed his wife and she wasn’t around to testify against him, what should be done?

Jensen’s trial began in 2008, after many delays. The trial judge ruled that the letter and voice mails to police were inadmissible, but the neighbor’s testimony would be allowed.

Prosecutors appealed the judge’s decision, and the Wisconsin Supreme Court determined that Julie’s letter could be used as evidence in the trial if prosecutors could demonstrate there was sufficient evidence that her husband had murdered her, therefore making it impossible for him to face her in court. The court also ruled that her statements to her neighbor and son’s teacher were “non-testimonial” in nature, allowing them to also be admitted into evidence. Bingo! After the Wisconsin Supreme Court hearing, the trial judge decided it was reasonable to believe that Mark Jensen’s actions prevented his wife from testifying. He was found guilty a month-and-a-half later and sentenced to life in prison without possibility of parole.

So What Is Hearsay?

Those who read my blog know that I attend Casey Anthony’s court hearings when I can. I come back, sit down at my computer and tell you of my experiences. This is called first-hand knowledge. If you read my story and tell it to another person, that person is receiving what is commonly referred to as reliable hearsay. So, what else is hearsay?

Let’s say you want to call me to ask me a question about the case, but you can’t find my phone number. You Google it, and that’s how you find me. It’s hearsay.

Reporting the news every night, the anchor is relating reliable hearsay, while the journalist in the field is reporting first-hand. If the event is over and done with and it’s reported after the fact, this would be reliable hearsay. In my state, the Florida Highway Patrol investigates all vehicle accidents. All police provide reliable hearsay unless they witnessed it. This includes criminal investigations. Law enforcement will be very busy come next May, when Casey’s trial is slated to begin and they give reliable testimony in court.

A witness who is testifying as to first-hand knowledge is not testifying as to hearsay. However, as the questioning proceeds, it will undoubtedly get into areas where the opposition makes objections. This is because, as testimony evolves, the gray areas turn to black and white hearsay. The first-hand account crosses paths with hearsay. Remember this, because you will hear plenty of objections from both sides. This is where Judge Strickland will have to make the call.

According to Rule 801 of the Federal Rules of Evidence, “Hearsay is a statement, other than one made by the declarant (the witness) while testifying at a trial or hearing, offered in evidence to prove the truth of the matter asserted.”

And What Isn’t in Criminal Trials?

You call Snoopy and ask her for my number. She has called me in the past. She’s spoken to me at that number. This is first-hand knowledge and is not hearsay.

According to those Federal Rules of Evidence, the following ARE NOT hearsay and do not fall under the rule of hearsay:

Statements by the defendant - The Mirandawarning tells suspects that anything they say may be used against them in a courtroom. In the courtroom, they can also deny or correct inaccurate statements made if they choose to do so.

Statements by a coconspirator made ‘during’ the crime or ‘in furtherance’ of the crime -  Filed under Rule 801(d)(2)(E), under Statements which are not Hearsay. In 1992, the U.S. Supreme Court ruled that statements made by coconspirators“provide evidence of a conspiracy’s context that cannot be replicated, even if the [coconspirator] testifies to the same matters in court.” 475 U.S. 387, 395, 106 S. Ct. 1121, 1126.

Prior statements by witnesses - Under federal law, if the witness has previously testified as to the matter at a previous trial, preliminary hearing, or any other type of hearing and was subject to cross-examination, those statements ARE NOT hearsay. This could explain, in my opinion, why John Morgan wants to get his claws into Casey before her criminal trial. Dig up as much evidence against her as he can at the civil trial. Prove her guilty there and get the glory. It’s almost a sure thing that if the civil case is not postponed, Casey will have to settle and poor John will be shot down.

What we have learned is that hearsay is allowed in court, depending on how reliable it is. That’s how I’ll leave it, with a couple of final thoughts thrown in. I could write more about things like Dying Declarations¹, which most likely isn’t the case for Roy Kronk’s ex-wife, Jill Kerley, and the Outcry Rule, but I think this is already plenty to handle for now. What I will say in closing is that there is such a thing as the defense claiming that someone else committed the crime. Usually, when the state has a strong case against the defendant, like it seems to have against Casey, any evidence of an accused is admissible if it can be shown that “corroborating circumstances clearly indicate the trustworthiness of the[defense].” Federal Rule 804(3). Something to ponder? You be the judge, but Casey’s attorney, Jose Baez, said in a January 25 interview with Jane Velez-Mitchell that, “She wasn’t treated like anyone else since the moment she was arrested. And that’s all we were asking for.”

If you recall, Judge Strickland, in July 2008, set Casey’s bond at $500,000, he ordered home confinement with electronic monitoring, a complete psychological evaluation within 30 days, and ruled that she must turn over her passport if bond was posted.

“Not a bit of useful information has been provided by Ms. Anthony as to the whereabouts of her daughter,” the judge said back then. “And I would add that the truth and Ms. Anthony are strangers.” And that’s not hearsay.

See also: Hearsay Exemptions if Witness is Able to Testify

¹Dying Declarations - Federal Rule 804(2) - Statements made under impending death by a declarant while believing that their death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death. The Florida Supreme Court held in the 1991 case ofHenry v. State, 576 So.2d 1033, that: It is not required that the declarant make “express utterances… that he knew he was going to die, or could not live, or would never recover.” Lester v. State, 37 Fla. 382, 385, 20 So. 232, 233 (1896). Rather, the court should satisfy itself, on the totality of the circumstances, “that the deceased knew and appreciated his condition as being that of an approach to certain and immediate death.” Id., 20 So. at 233. See also: Lyons v. United States, 606 A.2d 1354 (D.C.App. 1992), andState v, Griffin, 540 So.2d. 1144 (La.App. 1989).

Reference: Criminal Evidence|Principals and Cases, Gardner, Thomas J. and Anderson, Terry. West.

To Pay or Not to Pay?

That was the question asked of Orlando Sentinel readers on Friday.

Should the public help pay for Casey Anthony’s defense?

On Friday, March 19 - Casey’s 24th birthday - Orange County Circuit Court Judge Stan Strickland ruled that taxpayers will have to pay all of her defense costs except for attorney fees. This includes experts, investigators and all of her lawyers’ travel expenses. Her legal counsel comes from New York and Chicago, as well as Orlando and Kissimmee.

As of 11:00 am today, 27% voted yes, compared to 73% who voted no. I realize this is a question for the people of Florida to opine over, but this issue reaches far beyond the bounds of the Sunshine State. Every state and plenty of foreign countries support a Public Defender’s Office to an extent, some more than others. Should we pay for indigent defendants at all, no matter what the circumstances are? Should we abandon this practice? What constitutes indigence? Are people forming prejudicial opinions because, in this particular case, the focus rests on a mother accused of murdering Caylee, her own daughter?

We know the decision has been rendered in Casey’s case, but opinions DOmatter, and all viewpoints are welcome.

A Wray of hope for the defense?

I get a really big kick out of people commenting on blogs and forums that outright accuse others (certainly not them) of inserting themselves (GASP!) into this Casey Anthony case. Generally, it’s people like me and any other blogger they disagree with, hate, despise, or generally - CAN’T STAND! The really odd thing is that everyone who offers up an opinion in this case has inserted him/herself whether he/she knows it or not. Every time a comment trashes Casey and the defense team, it adds more fuel to the fire that Baez & Co. will bring to the judge as it continues a campaign to change the venue or have the case thrown out of court because of public opinion.

It’s not every day that I go off on a tirade about anyone, but this is just plain disgusting. Here is a real degenerate who has so inserted herself into this case it’s pathetic:

“Don’t insult us by saying you aren’t inserting yourself in this case. What’s the date of your letest [sic] blog here? March 25, that’s ummm…today nitwit. You are doing it now, sticking your self flat in the middle with no concern on ho0w [sic] it affects the outcome of a 2 year old little girl brutally murdered by her mother. What rock did yo0u [sic] slither out of, the same one Joy wray, the Milsteads, Dominic Casey, Baez & all the other leeches using Caylee’s blood for either $$$ or fame.”

“What’s your excuse, daddy didn’t pay enough attention to you ? One thin [sic] I’m finding out is none of you god damn meny [sic] grubbing media whores give 2 shits about justice for Caylee.

“If you did you would never have INSERTED OYRSELF [sic] IN THIS CASE. Infectious pieces of human crap, every one of you.”

—

“I don’t like you, I don’t like your blog or what you stand for. another slirthering [sic] slimy leech who inserted themselves in the Caylee murder trial. It isn’t everyday I GET TO SAY IT TO THE FACE of the many morally defunct players ijn [sic] this freak show.

“:II [sic] had the opporutnity [sic] when I kept reading your crap everywhere & took it. Now it’s all I got to say so fuck you & out me, out Zanny, out Cindy out whoever the fuck you want. [sick]

“Unlesws [sic] as I suspect you are a liar & are either Joy Wray or Cindy, if not you act just like them, A PSYCHO SOCIOPATH goodbye moron.”

- Heroesfan, on The Whole Truth Always blog, comments 14 and 24 on the “Since I Am Being Honest Here… Let’s address the National Enquirer Issue”post.

Trust me, this is mild compared to how she’s addressed me elsewhere. Need proof? Just wait until she reads this.

One inane and insane notion making the rounds right now is that Leonard Padilla is a stoolie for the defense for one simple-minded reason; he never heard Tim Miller and George Anthony discuss marking an X on the map with Casey about where to start looking for her daughter. On Nancy Grace, he said it never happened. Casey was in his protection at the time. Here’s the problem with that when it comes to a public segment so obsessed with this murder that they no longer think straight. If there are 12 witnesses to a crime, there will ultimately be 12 different accounts of what transpired. No sane person would purposely protect a suspect in this type of case, but everyone has different perceptions of what actually transpired. It is no secret that Tim and Leonard parted ways some time back, and that may have clouded recollections, but the strange thing is, it doesn’t make one the mortal enemy because of adoration for the other. The same thing holds true with commenters on blogs and forums. Just because one disagrees with a thought, it does not mean they are purposely enabling the defense by inserting themselves.

For months, I stood idly by as people wrongly accused me of being best friends with someone involved in the case, someone perceived as nuttier than a fruitcake. I have tried to be fair to everyone who treats me and others with respect, and I’ll tell you, Joy Wray has always been a lot nicer to me than several blog nuts out there who erroneously consider themselves of sound mind and highly professional, not to mention more informed than the entire state of Florida. My intent has been to give her a chance to speak, and in the end, it came back to bite her as far as her credibility is concerned. Originally, I gave her very good advice. I told her to be careful who she talked to and what she said. She told me she always told the truth and had nothing to hide. OK, fine, but remember that everything you say may be scrutinized later on. I never wanted to get her in any trouble and I never thought her involvement would one day come back to involve me. Sadly, it did.

On December 2, 2009 my phone rang. When I answered it, the gentleman on the other end identified himself as Sgt. John Allen of the Orange County Sheriff’s Office. I was completely surprised. It was an honor and a privilege to hear from him, but what could this possibly be about? I’m just a measly blogger. He asked me if I knew who Joy Wray was. Of course, I responded.

He said he had found a particular comment she made on my blog, but was having trouble finding another one. In both cases, the comments were still rather fresh in my mind, so I had no difficulty in pulling them up from my end. I see comments in a whole different light. From that vantage point, I can see the date, time, and on what article it was posted.

These are the two comments he referenced. I would only post them now because they are a matter of record and still on my blog:

From Open Forum:

2009/11/21 at 10:50pm

hey dave how are you doing? Happy Thanksgiving and to all others too… Call me The meeting is monday @ 10 :30 with Sgt Allen and my Lawyer Mark O’ Mara its going to be at his office in Orlando. They took a warrant out for my computer…..:( Anyways please call Bob For me at wesh 2 news.>>: Noone eles [sic]… ps call me

From Say hello to Laura and Joe:

2009/11/30 at 1:53pm

Laura and Joe where never there, they are from are fourm [sic] called Scared Monkeys.They where [sic] not part of Texas Eqqusearch [sic]. They went no where in the area where Caylee was found! If they where anywhere in there it would be closer to school. They where in my Chat room trying to get info from before caylee body was found. I would not give them any details I just told was searching in the woods by the Anthony Home.LE does or will have there Ip numbers bec I gave them all that info. Laura and Joe are a joke,JMO. All of sudden the [sic] come up with this tale. They never did metion [sic] anything about the area, if it was wet or dry. Only way Laura got the INfo about the Coke can in Sept. WAs that it was leak through someone through Chatango,in which they are plenty of moles! Bec I spoke about a coke can in Oct. Wonder how much Baez paid these loons to lie…. Justice4caylee. Sgt allen if u read this ,please drop off my laptop and u can have my other computer……. Ps Dave On tuesday will be fine if we meet up…. Joy

Sgt. Allen continued his line of questions. I asked him how he learned of these comments and he said someone phoned the tip in. He asked me if I had ever met Joy. Yes, I had. I told him I didn’t wish to get her into any trouble, but I was going to answer every question to the best of my ability. After all, Joy had said this was the truth, and I did warn her that some of what she was saying could come back to haunt her.

After talking for about 25 minutes, Sgt. Allen asked me if I would come in and write a statement. Of course, I answered. I told him I was free the next day. We set an appointment for 1:30 in the afternoon of December 3.

When I arrived at the OCSO Central Operations Center on west Colonial Drive the next day, I waited about 10 minutes before the door opened and out walked Sgt. Allen. After shaking hands, he took me inside and up an elevator to the second floor. As we walked down the hall to an interview room, I noticed one picture hanging on the wall. It was retired Sheriff Walt Gallagher. Years ago, before he was elected sheriff, we both used to hang out at a bar/restaurant in Winter Park called Harrigan’s. Gee, that was such a long time ago. By the way, Kevin Beary replaced him in 1993, and before Gallagher, Lawson Lamar, the State Attorney in the Ninth Judicial Circuit of Florida, was sheriff. One of the nice things about the Orlando area is that, even though it’s a decent sized city, it still has a small town feel and it’s not at all unusual to know more people than one might think we know.

I was led into an interview room. It was quite small. The door remained open, but we sat down at a small table, across from each other. We had a little small talk to get accustomed to the room and each other. I must say I felt very relaxed around him. I recall asking him about former Sheriff Kevin Beary. I told him the last time I saw him was at John Schofield’s funeral, the one that closed half of Winter Park. He told me Beary was in Afghanistan to the best of his knowledge. Eventually, we got down to some serious questions. When I answered everything, he handed me a form to fill out.

Thanks to Snoopysleuth for finding this

This was pretty much it, but we must have continued talking about the case for another half hour or so. I was left with the impression that John Allen is, undoubtedly, a very good family man, dedicated to his job, but not out to purposely get anyone. He epitomizes what a good cop is supposed to be all about. When we finished, he walked me out the front door. Just as we stepped outside, lo and behold, there was Kevin Beary, who had recently gotten back from Afghanistan. We all stood and chatted for another 10 minutes.

The last time I spoke to Sgt. Allen, in January, I asked him about Joy. He said,“We’re through with her. We’ve had four interviews and that’s it.”

I asked him if the defense would ever use her. Could she be a Wray of hope? He said no, they’re not interested in her, either. I think he’s right about that. I also think she will never be arrested again due to this case unless she continues to involve herself. We discussed a few other aspects of the case, some of what was just released, and he said that whatever we talked about was OK to write, but I told him I had no desire to spread stuff no one would want to believe anyway, like my friendly encounter with Judge Strickland that some people insist was a reprimand. (Insert chuckles.) One day, I’ll sit down with him after this is over, because he and I got along just fine, and yes, we talked about doing just that.

Back to inserting one’s self. Technically, I have inserted myself by authoring this blog, although I was brought into it by OCSO. We have all inserted ourselves to some degree and it’s just plain hypocritical and naive to point fingers. If there are rumblings that blogs and forums could influence the case, which there are, I’d be careful about what is written. I’m sure the defense would love to pounce on more hateful words and expound on the change of venue. Or have the case thrown out of court. Therein lies Casey’s slim ray of hope.

Meanwhile, as some of you continue to argue over inserting one’s self, I did my civic duty. Nothing more. Nothing less. It was all about Justice for Caylee, not how anyone feels about me. I don’t care about that person named above or anyone like her. She can insert this where the sun doesn’t shine.

Supplemental witness list:

It looks like I’m in with some very good company. And bad.

Today is Umpteenth Dump Day

926 pages of documents were released today, including transcribed law enforcement interviews, TES-related materials and interviews with search volunteers. Also made public were water level tests of the areas surrounding Suburban Drive and police reports, including a short interview with me.[shown below and on the link  - starting on page 459 - or HERE]

One of the Texas EquuSearch volunteers looked on his own time, too, and he told OCSO detectives the area where Caylee’s remains were later found was under water when he looked.

“I walked up to the edge of the weed line, the grass there just over the ah, edge of the up from the curb and it was deep in water. Or I would’ve gone back there,” according to a transcribed interview with Tony Rovinsky. “And previously I’d had the experience of getting the ATV stuck in the other area. And it just kind of didn’t make sense to wade into the water because you couldn’t really see anything anyway.”

“But I went back there on a number of occasions and I’m telling you it was, it was deep in water,” he said. “And so ultimately when the remains were found and I learned where. [sic] I was not shocked. I was not surprised at all.”

We’ve got that Joy, Joy, Joy, Joy, down in those woods

Joy Wray claimed she searched the wooded area but didn’t find anything. Investigators’ interviews with her are among the documents released today. Unfortunately for Joy, she has been the topic of many blogs, YouTube videos and other Internet postings since Caylee was reported missing. The reasons are quite obvious, though, because she inserted herself into this case.

I was called in to OCSO by Sgt. John Allen on Dec. 3, 2009 to write a statement based on comments Joy had written on my blog. The conversation evolved from there and he asked me if I would mind coming in to sign a statement. I was more than happy to oblige. Sgt. Allen is a great guy; very friendly, professional and polite. We did talk about other things unrelated to Joy, but that’s for another post on a different day. Here is a copy what what the good sergeant wrote about our encounter, followed by the interview transcripts of Joy Wray. By the way, I will swear under oath I have never used the alias George Knechel, nor was I ever a spy during the George W. Bush administration. Also, I met her in 2009, not 2008, and it was at a hearing, which is correct.

Many thanks to Snoopysleuth for digging this up. She’s the real sleuth here.

JOY WRAY 11-23-09

JOY WRAY 12-10-09

Additional PDF Documents

OCSO SUPPLEMENTAL REPORT 1

OCSO SUPPLEMENTAL REPORT 2

TONY ROVINSKY 12-10-09

TIM MILLER 12-12-09

RICHARD MICHAEL CREQUE 12-10-09

MELISSA EARNEST 8-20-09

LORI CREE 8-20-09

LISA HOFFMAN 12-12-09

LINDA TINELLI 12-14-09

JOE JORDAN 1 - 10-28-09

JOE JORDAN 2 - 11-5-09

JENNIFER CONAWAY 9-16-09

DANIEL IBISON 12-10-09

CAROL CONAWAY 9-16-09

BRETT DOUGLAS REILLY 12-10-09

BRETT CHURCHILL 8-21-09

§

But the f****** b**** won’t talk!

Tim Miller, founder of Texas EquuSearch, told investigators the Anthony family acted like no other family he had ever worked with. They offered no help in searching for their granddaughter and wouldn’t allow him to talk to Casey at all. He also told detectives about George Anthony’s close friend, a former law enforcement officer like George. Miller said this friend told him the key to finding Caylee rested in Casey’s hands, but she wouldn’t talk.

“And his words were, ‘But the f****** b**** won’t talk,’” Miller told investigators during the December 12, 2009 interview. He also said that he, George and Casey sat down at a table with a map and George asked her where they needed to start searching. Would you make a spot on the map? Would you make an X?

This angered Cindy to no end. Casey got up and went back to her room. Miller threw up his hands, and in complete exasperation said, “You know, I’m sorry. We really didn’t come to cause any trouble,” or something to that effect.

Casey’s attorney, Jose Baez, told Miller he couldn’t talk to Casey, who was the last known person to see her alive. Miller said Casey never mentioned her daughter’s name, never begged anyone to find her, and acted more like she was going to a “cheerleading competition,” always smiling, laughing and giggling. He got so disgusted with the family, he wanted to quit. The only glue that held him together was that this search was all about Caylee and no one else.

Miller and several of his TES volunteers told authorities that they tried to search the area where Caylee was eventually found, but there was too much water on the ground. They even sunk one of their vehicles one day, and that’s when the search was called off there.

Helen Davis was a volunteer for TES. She sent an e-mail to Tim Miller. In it, she encouraged investigators to take a closer look at the woods. She said:

STATEMENT BY HELEN DAVIS

I, Helen Davis, give the following statement voluntarily.

My name is Helen Davis.

During late August and early September 2008, I was a volunteer member for Texas Equu Search (TES).

During that time (Sunday or Monday) I, Lori Cree, Bret (last name unknown) and five or six other TES volunteers went to the area of Suburban and Hope Springs Streets in Orlando, Florida. We went to that area to search for the remains of Caylee Anthony.

Although I was in the area with a larger group of people, only five to six volunteers and I searched the area by the wooden stockade fence along the south side of Suburban Street near Hope Springs.

We searched the area where Caylee Anthony’s remains were found. During our search of that area I did not smell anything unusual. I did not notice any unusual animal or insect activity. I did not see anything unusual.

I kept a list of the items I saw and thought were important to the investigation. I submitted my notes and report to TES.

The above is true and accurate to the best of my recollection.

Signed _____________________ Date ___________

[See: Statement by Helen Davis]

In today’s OCSO Suplemental Report, Helen Davis is listed as willing to testify to the area being under water at the time. Remember, searching around the back side of the fence and in that immediate vicinity, the elevation is higher than where the body rested. I took a ride down to Suburban Drive to shoot a video last July 31. My point was to show you those woods as closely as I could to the previous year. What I found was an area that was flooded, and the precipitation in 2008 was greater than 2009. My conclusion was simple, if there was more rain in 2008 by that date, the woods were just as flooded - or more so. [See:Where Caylee Anthony Rested]

On Augut 12, 2009, I took another ride down to those woods to replicate what Roy Kronk saw a year earlier as closely as I could. When Kronk went there on three successive days, it was about before T.S. Fay rolled through on the 19th. Those woods were flooded. [See: Driving Miss Casey Part 1]

For good measure, I shot one final video there one year after Jim Hoover shot footage of Dominic Casey poking around the area. This has been documented to be roughly 175 - 200 feet east of the spot where Caylee’s skull was found. [See:Suburban Drive Same Time Last Year]

From footage that I shot, I came to the conclusion that those woods were under water when Tim Miller said they were.

Will Mason Jar the State?

The following article is based on my observations from inside the Orange County Courthouse yesterday. From beginning to end, the hearing lasted about 1 hour and 15 minutes.

I hate being late for anything, so if we have plans to go out and I am supposed to pick you up at 7:00, I am at your doorstep at 7:00 sharp; not 5 minutes early, and certainly, never 5 minutes late. When it comes to court hearings, I try to arrive about a half hour before the zero hour, especially when things build up from the days before. One never knows what kind of crowd will show up to see what kind of moods George and Cindy will be in after the fling fiasco that’s been in the daily news.

Going through security was a breeze yesterday and before I knew it, I was through and walking to the back elevators that would take me to the 19th floor. Things seemed to be going my way so far, because within seconds of pushing the button pointing up, the doors where I was standing opened. I was all alone, too, but around the bend came a group of people and I held the door for them to enter. Lo and behold, it was the prosecution, and they were chatting up a storm. Once in, I said I didn’t need to ask them what floor they wanted. Standing next to me was Jeff Ashton, along with Linda Drane Burdick, Frank George, and two or three more people I didn’t recognize. They were in fine form. Jeff was teasing Linda and mentioned that she had earned her nickname of HRH - probably short for Her Royal Highness. She is, after all, queen of the State Attorney mountain in this fight against a persistent defense that’s determined to prove her and her legal team wrong - but there’s no doubt in my mind that she is in top form.

I extended my hand to Jeff. We had met at the first hearing I attended, when Bill Sheaffer introduced me to him. We had a brief exchange of words and when I mentioned my name, Marinade Dave, he recognized it. I handed him my card and as we exited the elevator, I watched him place it in his inside jacket pocket, where it will probably stay until he sends it to the dry cleaner.

As we approached Courtroom D, I saw Bob Kealing from WESH discussing something with George. I respectfully waited until I felt it was safe to join in. I must say that George was in fine spirits. We exchanged words about the twin sisters and I told him they had come to my blog on Saturday morning to defend themselves. Mostly, it was Skye, I said. He reiterated what he had said through his attorney, Brad Conway. None of the story is true, and he told me this with no animosity or animation in his voice. Cindy was nearby, and both of them seemed quite relaxed, well rested and upbeat.

The courtroom doors were opened to allow the prosecution in. I milled around a little and settled in to talk to Tony Pipitone from WKMG. Bill had introduced me to him at the last hearing. Tony is pretty smooth and confident. He’s not one to sensationalize all that much, and when he reports something, you can pretty much count on it being true. Like Bob Kealing, he’s well-respected in the central Florida market. I told him I read the article that was posted that morning. I asked him how he knew about the National Enquirer story. He told me they contacted him that morning. [This story has since been updated.]

Suddenly, the defense team entered the picture and, shockingly, had veteran attorney J. Cheney Mason in tow. One journalist asked him if he had joined the defense and he quickly responded in his southern drawl, “I will in about five minutes,” and into the courtroom they went. iPhones and similar devices went wild, as I watched journalist after journalist chattering away with their thumbs.

We aren’t allowed to enter the room until all attorneys are inside and situated. Then, a sheriff’s deputy swings open the twin doors and throws out the official welcome mat. Because I was one of the first to enter, I grabbed my spot, not for the sake of the camera, but to place myself at an obvious vantage point enabling me to see most of the action about to start. After everyone filed in and sat down, I looked around. Noticeably absent was Bill Sheaffer, who had become a very comforting sight and someone who has a calming effect. Bill is a consummate gentleman and I truly enjoy his company.

ALL RISE

After Judge Strickland entered the courtroom and took his seat behind the bench, things came to order pronto. Jose Baez got up and spoke about a problem with the microphone remaining on at the defense table. The judge respectfully told him to push the button for today, that it was a problem, but it was nothing the court could deal with at the moment. Baez then introduced the new member of the defense team.

One of the things I’ve noticed about Judge Strickland is his relaxed demeanor, which translates well in court. He may be larger than life in the scheme of this case he sits in judgement of, but he is far from intimidating. Everyone likes and respects him. He is approachable. Just before this session, Cheney Mason had filed a Notice of Appearance with the court. There it now sat in front of the judge. This seemed like a complete surprise to Burdick & Crew - and to His Honor, who stated in a very friendly tone, “How you doing? What kept you?”

Momentary laughter erupted. Then Judge Strickland settled in by announcing the matter before him in the day’s hearing. He also introduced himself to the JAC attorney, who was on a speaker phone from, I would guess, Tallahassee. This was problematic, because his voice was muffled and incomprehensible for the most part.

One of the best criminal defense attorneys in the nation, Mason tried to take control of the court immediately after the judge asked who would be arguing the motion. 

“I am,” he answered, and he continued to explain that Casey was, indeed indigent, and he would be working pro bono. He pointed to Robert Wesley, who sat in the jury box, and said that the Public Defender’s Office cannot afford to take on the case. He said this was strictly to work out costs, and nothing more, and that the Public Defender would say so in his own words.

When the judge turned to the JAC attorney to speak, it was quite obvious this system wasn’t going to work. 

“They never showed this on Law and Order,” the judge opined.

The first 15 minutes seemed like they were out-of-order in the courtroom, but things were finally settled when the attorney, Brad Bischoff, was piped over the PA system. He started by saying the concern was over Florida Statute 27.52and the amount and source of attorneys’ fees paid by the defendant and apparent conflicts in movie, TV production, book and photo deals that may be forthcoming. The main issue stemmed from there, and that the state wants all funds exhausted before the state contributes a dime. That’s reasonable enough. The State does not want the defense to capitalize on the case.

As Cheney Mason stood listening, I noticed a constant grin on his face, but it was more of a look of confidence than smugness. I guessed that he was waiting to jump. Meanwhile, Bischoff continued to speak about problems the State had with paying Casey’s tab. He cited Florida Statute 938.39, which deals with legal assistance; lien for payment of attorney’s fees or costs. He asked the court to make all necessary inquiries to the defense about money. All of it. [By the way, what you couldn’t hear from JAC on the video was clear enough for those of us in the courtroom.]

In my opinion, Bischoff was rambling a bit and spoke redundantly at times, and when he went off on a tangent over attorneys’ fees, Judge Strickland reminded him that this was about the cost to go forward, not attorneys’ fees. It is at this point I noticed the judge was becoming slightly agitated - well, to me, of course.

“OK, what else do you want to tell me?” And the one-sided dialog continued for several more minutes. He was very vocal about the defense making money off this case, and rightfully so, but eventually, he stopped, much to our delight.

Assistant State Attorney Frank George stood and asked about the missing money. The judge turned to speak to Public Defender Wesley, who then stated his budget of $2,000,000 from State Attorney trust funds and $2,000,000 from the statewide Public Defender’s trust fund would be expended by next month. He also said his office is short-handed at the moment. He emphasized that his office is not in a place to fund litigation.

Mason talked about costs and Judge Strickland told him the financial affidavit was “light in description” of full disclosure. It’s as if it showed insufficient funds since it was somewhat void and vague. He knew where the money came from, but didn’t have much to go on regarding where it was all spent. Before the judge would rule, he needed to know where the money went. He wanted proof that the money was not wasted. How can he grant indigence with no knowledge of who’s watching where the bucks are going? Where did all that money go?

Here is where the back and forth between the judge and Mason gets juicy. In lieu of describing it in words, I would like to present it for viewing and listening. It’s only 5 minutes long. After this battle of wills, in which we all know who got the upper hand, we took a break. Here is where I will take a break in writing. When I come back, I will discuss what later transpired and what type of conversation I had with Bob Wesley out in the hall. I’ll pick it up from there.

[vodpod id=Video.3271094&w=425&h=350&fv=%26rel%3D0%26border%3D0%26]

Zenaida, Zenaida, Zenaida, Part 1

I used to work with a woman who was the most superstitious person I’d ever met. I remember one time when she pondered out loud, “Did you ever notice that people usually die three months before their birthday or three months after?”

I responded, “Helen, three months plus three months equals six months. That’s half a year. Everyone who dies has a 50/50 shot at that happening. It’s a coin toss.”

Helen died years ago, and I have absolutely no clue about what side of that 50% she fell under, but she also loved to point out that things come in threes. In honor of Helen, let me say that she would be the first one to believe in a conspiracy theory about the Anthony case, and she would go nuts over the new set of threes - three Zenaidas. Three, you say? Yes, three.

First, we’ve got the suing kind, the Zenaida Gonzalez without the Fernandez hyphen included, although John Morgan’s lawsuit chose to add it anyway. Next, we have the River Cruz Zenaida who, along with her sister, claims that she was the Zenaida George based his description on, and finally, we have the one that Cindy went crazy over.

Since we are familiar with the suing Zenaida, this article will take a look at Cindy’s Zenaida. Part 2 will delve into George’s, and whether it’s for real or just a nightmare gone wild.

On December 2 of last year, I received a phone call from Sgt. John Allen about something that was found in the comment section of one of my posts. After a 25 minute conversation, he asked me if I would be willing to come in and write a statement. Of course I said yes, and I went down the next day.

Most of what we discussed had nothing to do directly with Caylee, Casey, George or Cindy, but one thing he told me, and I offered it up here, was that during the entire time precious Caylee was listed as missing and presumed dead, long after the stench of death was found in the trunk of Casey’s car, law enforcement never gave up hope that she was alive. Over 100 deputies and FBI special agents continued intensive and extensive searches around the country for the missing toddler and they followed up on every lead. As Cindy lambasted law enforcement for not looking for a live girl, they were actually doing their job, going above and beyond the call of duty, and coming up empty-handed each time.

One of the most obvious frustrations observed in Cindy Anthony is her seemingly endless penchant for inner conflict. Given the circumstances, I can understand some of this. Her entire life was turned upside-down. In February of last year, I attended the memorial service for Caylee at the First Baptist Church of Orlando, and I chronicled it in a post titled, Are there green beans in Heaven? While this should have served as closure for the family, it did not. Not for Cindy, at least. As late as August 2009, Cindy and PI Dominic Casey were desperately sifting through every lead in hopes that it would take them to her living grandchild or the person responsible for her death. One of the most promising was a Zenaida found in Puerto Rico¹/², one that Cindy thought “may be connected.” This Zenaida allegedly runs a daycare center and she thought there was someone working there who had Amy Huizenga and Ricardo Morales on his list of Facebook friends. Therein would lie a connection, but I found none in my research.

ZENY7

What helped set off whistles and bells was this Zenaida’s last name: Fernandez. Close, but no Gonzalez cigar. She’s 26-years-old, too! How coincidental, and to add fuel to the burning fire, take a look at the picture of the little girl. When it was brought to Cindy’s attention, she had a forensic expert look at it. Sure enough, it was Caylee, she was told, “but probably Photoshopped.” Yup, it looks like Caylee, or perhaps what she might look like today, but it’s not her and because DNA proved beyond a doubt whose bones were found in the woods, to the rest of the world, it’s not her. Now, the most important thing is to understand that the identity of this little girl - a minor - should stay private. Law enforcement is not interested and that speaks volumes to me. Since this Zenaida is not involved in any way, it is only fair and proper that we do nothing to exploit her, and instead, we leave this woman and her family alone. Because this information is well documented elsewhere, including all media outlets, I brought it to your attention to prove a point. Some people are obsessed. Some people never give up. Some people will go to all extremes, and if it means stepping on toes and breaking a law or two, they’ll do it.

PLEASE SEE: DOMINIC CASEY DOCUMENTS RELEASED 09/29/2009

I have a sneaking suspicion that there’s a lot of work going on behind the scenes. In my next post, I will tell you why I believe investigators are digging deep into the lives of George and Cindy, deeper than we may have thought. Case in point: How else would you explain tracking text messages and phone calls to George’s alleged mistress, River Cruz? Now, why in the world would law enforcement want to do anything like that?

Be sure to watch Bob Kealing’s report today on WESH starting at 4:00 pm