The Lake House

There are things I want to tell you. There are things I can’t. There are things I would like to write about that would just take too long at the present moment, and because of recent developments, a lot of things are on our plate. Some tasty; some not - and for sure - some not fit for the table.

I think a lot of you are aware that I had a lunch engagement last week. I spoke to a woman who knows a few things about this case. She has not sat down with anyone to discuss any part of this saga, except with some of her friends, who you are well aware of. I decided to take my little video camera with me to record the audio part so I could remember what we discussed. Trust me, it makes it easier to write things later on. Since I had very little time today to conjure up a new article about George and his manly escapades, which will, ultimately, be nothing more than a “he said, she said” argument, I have decided to present the first installment of my lunch encounter. Good thing for me - and you, I hope - there will be more meetings and more meals and I should have new revelations to report that should keep whetting your appetite.

My friend, who I will refer to as Ms. X from now on, attended the “no clothes party” with Casey and the gang. As a matter of fact, she is in some of the photos, but good luck finding her. You won’t get a costume description from me. I was only planning on listening to the recording, but due to time constraints, I turned it into a short video. I kept her identity private because, well, she is a private person and I promised I would. For certain, she wanted to make it clear that the party was not about nudity; it was one where everybody had to wear something as long as it was not conventional attire. That meant something along the line of a diaper made out of newspapers or a bra made out of toilet paper. In other words, everything worn had to be original and made out of something other than clothing material. Hence, the American flag Casey draped around her body. If I told you what my contact wore, I’d be revealing too much.

I hope this doesn’t disappoint you.

On her friends, Sean Daly and Annie Downing…

[vodpod id=Video.3244718&w=425&h=350&fv=%26rel%3D0%26border%3D0%26]

NEXT POST, I PROMISE… GEORGE, THE TWINS, AND CINDY

George and Cindy hire real estate attorney to save house

Channel 6, WKMG in Orlando, reported today that George and Cindy Anthony “have hired an Orlando attorney as they try to save their home from foreclosure.” They have retained Mark Lippman, who specializes in real estate litigation.

According to records, the Anthonys have failed to pay their $785 monthly mortgage for nine straight months. Now, they are claiming that Bank of America failed to notify them of their delinquency as required by federal regulation. Last month, their attorney, Brad Conway, said that Caylee’s death contributed to their house dilemma because of the emotional strains caused by their loss.

Cindy said she left her job because of stress-related medical problems and has been on disability over a year now. George says he can’t find a job because he is recognized and rejected by employers because of who he is and because companies fear the publicity surrounding him due to his notoriety.

Conway also said that many people have speculated that George and Cindy were profiting off movie and book deals, but the foreclosure proves they didn’t. He also said that the Anthonys have lived in the house on Hopespring Drive for over 20 years, that it is the only house Caylee knew, and because of that, they want to do everything they can to keep it in honor of her.

First off, let me say that everyone pays their bills or they lose. If I fail to pay my car insurance, the company cancels my policy. It can’t get any more straightforward than that. If you stop feeding your pet cat, Fluffy, poor Fluffy will starve to death. These are the facts. Would I blame the bank for not following proper protocol? Under normal circumstances, no, but these are desperate times; the Anthonys do not corner the market on foreclosures, and to be honest, I don’t know, but an attorney would be able to tell me. This still doesn’t take away from the fact that the mortgage must be paid or something is going to break. Sticking one’s head in the sand does not make it go away.

Are George and Cindy hireable? Let me ask you, would you hire them? I wouldn’t, and in this economy, it’s tough for anyone to find a job. George is recognized everywhere he goes. A lot of baggage comes along with him, including his depression. As for Cindy’s medical disability, I am not qualified to make that call. Someone in an authoritative position decided and I’m not going to second-guess that person’s credentials. If you think you are able to explain it, please let me know how it works.

One of the interesting things that’s popped up since the news broke pertaining to their house is that they did it for one reason or another, one being to avoid having to foot the bill for Casey’s defense. First of all, Casey is an adult and as an adult, she is responsible for her bills - not her parents. To file for indigence reflects her financial status and no one else’s. Another reason I’ve read online is the Zenaida excuse. George and Cindy are willing to lose their house so that Orlando’s big, bad attorney, John Morgan, doesn’t take it away and give it to the only woman in the world with a similar name as the nanny. Huh? Again, Casey is responsible for her own bills and George and Cindy are responsible for theirs, and until they are slapped with a Zenaida lawsuit, they should recognize they have payments to make. No one ever accused them of being forward thinkers and to not pay for nine months due to “impending” doom from Morgan is not a rational thought. As a matter of fact, it’s lame.

“Hey George, that ‘not a 10’ skank is suing Casey for defamation of character.”

“That bitch! Let’s stop paying our mortgage, Cindy. That’ll fix her.”

Aside from who did what and what wasn’t paid for any reason and excuse anyone can come up with, I have one giant question that needs attention. Why would the Anthonys hire an attorney to help them fight to keep their house if their only goal is to lose it? Am I missing something?

The Skye's the limit for George

UPDATE 03/13/2010 - 11:30 AM

FROM USA TODAY

Caption:

River Allen, left, and Kalani Bowles say they are friends of Casey Anthony. They arrived at the scene where the skeletal remains of a child were found Thursday. Authorities have yet to determine if they are in fact those of missing 3-year-old Caylee Anthony. (AP Photo/John Raoux)

RIVER CRUZ MYSPACE PAGE

The interesting thing about the above MySpace link is that this woman claims to be 38, yet Skye, 32, says River is her twin sister.

Perhaps WFTV should have done its homework first:

RAW VIDEO: Chaotic Scene Outside Anthony Home

♦

I’m not inclined to make a call one way or the other on the validity of WFTV’s BLOCKBUSTER, BUTTON POPPING, KNOCK ‘EM, SOCK ‘EM, BREAKING NEWS STORY, but I do have a few observations. Please don’t hold this against me because I’m not about to tell you it’s the absolute truth any more than I’m going to tell you it’s a lie. I say, let’s look at some of the conditions here before exploding in delight over more problems for the Anthonys. Let’s also keep in mind that if this is the smoking gun law enforcement and prosecutors want kept away from the defense and public, they failed miserably.

Let’s start with the implications of what WFTV just published.

1. It means that George is so ensconced in the murder and cover-up, he tutored his daughter about how to describe the fictitious nanny. It was his idea all along.
2. It means Casey actually loves her father enough to trust him with this incredible concoction. Hell, he probably gave her the duct tape. He must have been in on the horrible death that, according to WFTV, “snowballed out of control.”
3. It means George is an accessory to murder, despite what he initially told the FBI about the odor of death. Yes! He trained Cindy to believe the smell of a damn dead body in the car was actually a rotten pizza. Or Cindy is just as guilty and she told her lover, who, as you all know, was their private investigator until he ratted out to the state.
4. George must have secretly schemed with Casey during the month she and Caylee were MIA, because he certainly didn’t do it after she was arrested.
5. WFTV reported that Skye Benhaida said “her sister gave George almost $5,000 over the course of their affair and was told by investigators that George had taken money from other women as well.” ¹ Wait a second… TIME OUT! I have something to say about that from my own experiences with law enforcement. For one thing, cops aren’t known to spread gossip through a snitch. If this turns out to be true, I’d want that cop’s head on a platter. I’m going to say, flat out, that no one in law enforcement is going to tell a private citizen something like this, only for it to leak out to the media. Well, one outlet in particular. You must know how I feel about facts. Look at the hearsay trail. Cop > snitch > sister > WFTV > public. You buy that? Every word? George has a history of women paying him for sex? Or do they just like to give him money?
6. According to Skye’s MySpace page, Skye is 32. She and George’s old squeeze, River Benhaida, River Cruz, River Allen, Krystal River, etc., etc., etc., are twins. What 30-something, hot-to-trot, babe - see above photo and make your own assessment - is going to go after a white-haired anglo-dude without a pot to pee in? Get real. What, is George known around town as Mr. Viagra? A “Tiger” in bed?
7. Did you look at Skye’s MySpace page? This chick is from the hood. So are all of her friends. [UPDATE: Huh. Suddenly, Skye has lots more friends] Look at them. I’m not prejudiced by any means, but how many people of different ages hang around together? I don’t have many African-American friends, but not for any reason other than our circles of friends are so vastly different. In other words, we are closer in age. Where would they have met and struck up an intimate relationship? Walmart?
8. George loves Hip Hop music. What a gangsta of love, that old devil! You go, Boy!
9. Skye claims River “gave George almost $5,000 over the course of their affair…”??? Huh? And you believe a gorgeous “10” who comes from a whole different lifestyle is going to give money to George? What rock did you just crawl out from under?
10. It means that George confided in someone - secrets he told no one else outside of his immediate family.
11. It means that River had a deep and loving relationship with George in order for him to tell all. It also means there are more witnesses.
12. Could this, like Jill Kerley, be a woman scorned, meaning he never paid her back? Never left his wife for the hot, younger woman?
13. Be honest, ladies, would you have sex with that man, George Anthony? Better yet, would you PAY him thousands of dollars to engage in improprieties with you? If you answer yes, God have mercy, and that makes you just as much of a liar and cheat as what you blame him for, as if cheating with a married person when you are single is somehow more chaste, and in this case, suddenly, a very trustworthy woman.
14. WFTV states that “The sister also said that she had photos on a phone of she and George in intimate situations and shared them with detectives as well as the numerous text messages they exchanged using all three of George’s cell phones.” Do audio recordings exist to verify her claim about Caylee’s death? If not, come on students of the law, is this hearsay or is it not?
15. By the way, when did George EVER give a description of Zenaida to anyone, who he’s maintained all along he never met?
16. Once again, I saved the best for last. Why did this bling, I mean, thing, wait until now? Let’s turn the Kerley stuff around. At least, she doesn’t live in Orlando, where there’s zero chance that someone isn’t familiar with the crime. If this affair lasted more than a year, how much of that $5,000 did she pay George to keep her mouth shut until now? Why did she use her sister as the conduit? Why not her, in the flesh, someone George allegedly knows all about?

Don’t lay some WFTV vendetta on my lap. I don’t care if it came from any other station, I would be writing the same thing, but I am smart enough to know that one station in particular is a ratings whore, not that there’s anything wrong with that because it’s the nature of businesses to make money, but it also seems to me that Skye’s sister could fall under the same category. Only, she paid him. What a gigolo he must be.

Pay very careful attention to this statement on WFTV’s Web site pertaining to this story. “WFTV asked George Anthony’s lawyer [Brad Conway] about the issue and he said he’s not received any information from investigators about it. Also, he would not answer any direct questions about whether George had an affair with the woman, but he did not deny that it happened.” How much more misleading can you get? This is National Enquirer stuff. If you ask me if I had sex with a woman and I declined to answer, is that supposed to be some kind of admission of guilt? This isn’t John Edwards, you know.

Remember, it was one particular station that announced the BLOCKBUSTER, BUTTON POPPING, KNOCK ‘EM, SOCK ‘EM, BREAKING NEWS STORY that George and Cindy had inked a book deal with Simon & Schuster. You know, the one that paid off their house. The contract they never signed and the one that WFTV failed to admit was a mistake. Do not take this as a condemnation of a TV station. In my opinion, this story about George, even if true, was not in the best interests of law enforcement or the state. The way it sits now, it’s nothing more than hearsay and if there’s anything that influences a jury, stop pointing fingers at only the defense. There’s plenty of blame to go around, and this time, it’s WFTV. Unless they saw those pictures and spoke to the sister, they were obligated to discuss it with law enforcement before complicating a murder case more than it already is by breaking this story to a hungry mob. Irresponsible journalism, that’s what I call it, and it’s not hearsay. I just said it. If George had an affair, I’m not buying into the claim that he told this woman anything of the sort. I’d buy into Dominic Casey turning state’s evidence first.

600 pages today, give or take

New discovery documents were released this morning by the State Attorney’s Office. The documents include DNA charts, enhanced photos and (?) items related to the Joy Wray investigation. So far…

Measurements from chromatographs and DNA test results are a small part of discovery.  A chromatograph is an instrument that separates substance mixtures, like gases, into identifiable components. No context is available to the charts and graphs. According to WESH, 9 of the 10 CDs “feature DNA charts and graphs with no explanation, and no new photos or documents.”

According to the Orlando Sentinel, prosecutors delivered 10 discs of files, but many of those files on 9 of the discs seem to be practically unreadable, so don’t hold your breath. Today might be nothing more than a dud, or mostly, a bust. Let’s hope the tenth CD is a charm.

BioEdit Sequence Alignment Editor Document

Don’t bother to ask. I would have to say this is only accessible by proprietary software, like BioEdit.

BioEdit 7.0.9 was last updated in June 2007. It was written for PC Windows 95, 98, NT, 2000, XP, as an intuitive sequence alignment editor and analysis program. Finch TV is an alternative and more up-to-date software.

Finch TV Sample

ABI Chromatogram Sample

Unfortunately, trying to decipher any of the charts and graphs would probably be useless, just like me trying to understand any of the EKGs taken of my heart during the past year. Only a trained eye knows what to look for.

More to come…

Casey Declared Indigent!

This just in from the Orlando Sentinel, and I quote:

Casey Anthony is considered to be indigent by the Orange County Clerk of Courts, according to documents filed this afternoon.

This is the first step needed for Casey Anthony to get state financial help to pay for her defense. Her indigent status allows her access to certain costs, such as hiring expert witnesses and investigators.

However, Orange Circuit Court Judge Stan Stickland will have to approve these costs.

Prosecutors are seeking the death penalty. The trial is scheduled to begin in May 2011.

Casey Anthony filed documents last week, saying two of her attorneys have run up a $112,000 bill for their work. In the motion, Casey Anthony claims she doesn’t have enough money to pay for her defense. She has no income, no savings and no assets.

Experts say this is not an uncommon request in complicated death penalty cases.

Keep in mind that the Clerk of Court examined the documents and approved Casey’s indigent status. This should usurp all rumors about money issues until the judge examines and hears the motion and approves costs.

DEFENDANT'S MOTION FOR DETERMINATION OF INDIGENCY FOR COSTS

Full disclosure of the source of funds will have to be made before taxpayers foot the bill. Bob Wesley, the lead Public Defender, is not expecting to take over from Baez. For one thing, as we discussed, there is an issue of continuance. No one should be expected to pick up the pieces of this complex puzzle. Another thing to keep in mind is that it could place an undo strain on the Ninth Circuit Court Office of the Public Defender. Wesley says he’s not expecting the court to ask, although he has handled dozens here in Florida. He is well respected here and loves his work.

This is the motion filed by Casey’s defense on Friday. I took the liberty of typing it so if anyone on the Internet wants to cite portions of it or the whole thing, feel free to do so. No need to do it yourself.

DEFENDANT’S MOTION FOR DETERMINATION OF INDIGENCY FOR COSTS

COMES NOW the Defendant, CASEY MARIE ANTHONY, by and through her attorneys, JOSE A. BAEZ and ANDREA D. LYON, and pursuant to Florida Statute, Section 27.52(5), respectfully asks this Court to declare Casey Anthony indigent for costs and in the alternative, partially indigent for costs, and in support thereof:

1. Miss Anthony is guaranteed a right to a fair trial by an impartial jury under the Sixth and Fourteenth Amendments to the United States Constitution and Article I, Sections 9, 16, and 22 of the Florida Constitution.

2. On October 14,2008, Miss Anthony was indicted on the charge of first degree murder and taken into custody. She has been incarcerated in the Orange County Jail since that date. Miss Anthony does not have sufficient funds to pay for the costs associated with her defense.

3. Florida Statute Section 27.52 (5) authorizes Miss Anthony to move this court for a determination that she is indigent for costs. The relevant section of the statute provides:

A person who is eligible to be represented by a public defender under s. 27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court, on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007, funded by the state.

Fla Stat. §27.52(5)

4 . Florida Statute, Subsection 29.006 prescribes the due process services to be provided upon a determination ofindigency. Under Subsection 29.006, reasonable anticipated costs include but are not limited to: the service of subpoenas, investigative costs for both

guilt and sentencing. travel, hiring experts to interpret forensic evidence, and transcripts.

Fla. Stat. §§29.006

5. Here, as Ms. Lyon appears pro bono, Miss Anthony only seeks a determination of indigency to cover the costs necessary to ensure adequate assistance of counsel and due process of law.

6. In determining indigent status, Florida Statute Section 27 .52 requires the trial court to consider the probable expense and burden of defending the case as well as the defendant’s income.

7. The costs of defending this case have increased beyond anticipation as the case has become increasingly complex. Further, Miss Anthony has received no income dwing the time that she has been incarcerated. In order to meet the unique standard of care required for a capital defense, Miss Anthony must be found indigent for costs.

8. The Affidavit of Attorney’s Fees from Miss Anthony, attached as prescribed under Section 27.52 (5)(a)(2), indicates that the $22,500 has been paid to Ms. Lyon has been used directly to cover those costs outlined by subsection 29.006 such as transcripts, travel, and investigation. Ms. Lyon has not received any fees. She has been and continues to appear pro bono.

9 . Under Section 27.52 (5)(b)(6) in reviewing this motion, the court shall consider the amount of any attorney’S fees and who is paying the fees. Given that Ms. Lyon has never received fees, and Miss Anthony is indigent, the request for costs necessary to ensure an adequate defense is reasonable.

10. Miss Anthony is charged with a capital offense and the United States Supreme Court has consistently held that the death penalty is a unique punishment that requires a higher standard of care. Further) the Florida Rules of Criminal Procedure provide that this standard of care be higher than those for noncapital cases; in particular, the rules state that death penalty counsel must have “adequate time and resources for preparation.” Fla. R. Crim. P. 3.112(a). The detennination ofindigency for costs is essential to meet that higher standard of care and to provide adequate assistance of counseL

11. Mr. Baez has been representing Miss Anthony for over a year and a half. He has expended many hours ensuring that she have adequate and effective representation. All of Miss Anthony’s resources are exhausted. Miss Anthony’s indigency must be recognized so that her defense may continue to meet the standard of care required for capital cases.

12. Over the past ten months, Ms. Lyon has built relationships with experts and worked with investigators in order to provide Miss Anthony the unique standard of care required, and to facilitate the relationship between Ms . Lyon and Miss Anthony- a relationship that is the very foundation of adequate assistance.

13. These costs are necessary to maintain that necessary standard of care and will go directly to expert witnesses, investigative costs, travel, transcripts, and necessary depositions. Without a determination of indigency to cover all necessary costs, the risk associated with delay and the potential for Constitutionally inadequate assistance are too great to ignore.

14. In support for her motion, Miss Anthony submits the following:

a. A completed application as prescribed by section 27.52 (5)(a)(l).

b. An affidavit attesting to the estimated amount of attorney’s fees and the source of payment for these fees as prescribed by section 27.52 (5)(a)(2).

I HEREBY CERTIFY that a copy of the above and foregoing has been furnished to the Office of the State Attorney, 415 North Orange Avenue, Orlando, Florida 32801, and to the Justice Administrative Commission, 227 N . Bronough Street, Suite 2100, Tallahassee, FL 32301; via facsimile and/or U.S. Mail on this 5 day of March, 2010 .

JOSE A. BAEZ, Esquire

Following are the pages of forms Casey filled out. You can also read the PDF file of the above and below information HERE.

Click on the image to enlarge it. You should see a magnifier cursor. Click again.

4 . Florida Statute, Subsection 29.006 prescribes the due process services to be provided upon a determination ofindigency. Under Subsection 29.006, reasonable anticipated costs include but are not limited to: the service of subpoenas, investigative costs for bothguilt and sentencing. travel, hiring experts to interpret forensic evidence, and transcripts.

Casey: Guilty of Indigence?

By now, even though it was just last night, it’s almost old news that Casey Anthony’s defense has asked the court for financial help with her upcoming death penalty case, declaring that it’s the only way to make sure they will have the resources necessary to fight to save her life. The motion requesting monetary assistance was filed minutes before 5:00 pm yesterday - closing time.

In a statement released last night, defense spokeswoman Liz Brown said the team has incurred extensive costs defending Casey, and that initial estimates have skyrocketed since the state decided to seek the death penalty. Subsequently, if Casey is to receive a fair trial, the state has to help pay necessary costs.

“This assistance is critical to enabling the defense to interview the 100+ individuals on the State’s witness list, investigate thousands of tips, and analyze complex forensic evidence,” the statement reads.

Before I go further into what role a Public Defender will play in this case, assuming Judge Stan Strickland signs the order, let’s grapple what’s been spent first. Casey’s attorney, Jose Baez, states that she has already paid the defense $111,954. He said that it’s not enough to give her the proper defense she needs, and taxpayers should make up the difference. According to Baez, nearly $90,000 of that amount was used for his fees, and the rest covered Lyon’s expenses. That would most likely be for air fare, lodging and meals. She is working on the case at no cost.

Now, before you question the rest of the $200,000 ABC reportedly paid the defense team, smarten up and consider this: Do you think Baez is going to seek financial help when he’s down to the last penny? No, and he wants to make sure the defense doesn’t come to a grinding halt. If there’s money left, which I’m sure there is, he wants it for fees paid to attorneys like himself and others. He has to pay rent, for example, and this isn’t worth arguing over. Attorneys are in the business to make money. Lyon is doing it for free. I’m not going to try to break down how much Casey’s attorneys make per hour, but it was her money to spend; not yours, not mine, and not George’s or Cindy’s. And now, it is in the very good hands of a most qualified judicial officer.

In his article titled, INTERROGATORIES, QUERIES & BURNING QUESTIONS, criminal defense attorney and WFTV legal analyst Bill Sheaffer wrote, “Remember, this is a complex, circumstantial evidence case requiring many, many witnesses to establish the circumstantial chain of guilt.  Included among those witnesses are forensics experts seeking to gain admission of  ‘novel scientific evidence,’ requiring a great deal of preparation by both the state and the defense.  In this instance, justice delayed will not equate to justice denied.  Casey is facing the ultimate penalty.”

Remember, along with this great deal of preparation comes lots of expenses, and no matter what you think about Casey, she does not have deep pockets like OJ Simpson did, and if you want true justice for Caylee, you have to understand that it behooves my state to stack the evidence deck against her and not just the cost deck, because she would surely qualify for a solid appeal or to have the charges tossed if she does not have a strong team of attorneys and experts behind her to counter the massive evidence, list of forensic experts and witness list stockpiled by the prosecution. All defense teams have a legal responsibility to represent their clients or we will go back to witch hunts of old where everyone is guilty as charged. Period. BURN HER! If this were to occur, criminal defense attorneys like Bill Sheaffer would have no reason to exist, so watch who you point your selective fingers at. We are a country made up of laws and they apply to everyone, including Casey. One more thing to consider is Casey’s right to fund her defense from items sold, such as photographs and home videos. The way our court system works is that a defendant is innocent until proven guilty. This means that Casey is legally innocent and can sell whatever she wants pertaining to her daughter. I know, it’s not fair, but such is the system of justice in the United States of America.

Let’s move on to what the indigent status means. Take a look at the Florida Circuit/County/Judicial Court APPLICATION FOR CRIMINAL INDIGENT STATUS that Casey had to fill out. You can click on it to enlarge it.

APPLICATION FOR CRIMINAL INDIGENT STATUS

This comes from the state of Florida, so don’t second guess it. You will notice that Casey had two options to check:

I AM SEEKING THE APPOINTMENT OF A PUBLIC DEFENDER

or

I HAVE A PRIVATE ATTORNEY OR AM SELF-REPRESENTED AND SEEK DETERMINATION OF INDIGENCE STATUS FOR COSTS

Please pay attention to the second option, because that is the one Casey chose, I’m sure, so forget all about Jose Baez leaving town on the next boat to Miami. It just isn’t happening because there are no ports out of Orlando or Orange County and Baez has no interest in leaving this case.

What you will find on the form is the area where she had to fill out income and my guess would be that she checked Other kinds of income not on the list. I wouldn’t expect there to be anything earth shattering to come out of this revelation. We know she sold images and videos, but we also know that it is still legal for her to do so. How much is left as far as monies and goods to sell will come up at the hearing, I’m sure.

According to Baez, interestingly, Casey was OK with paying for her defense until the state changed the penalty to death, and that made it almost impossible to cover all expenses because - as legal experts would agree - defending a complex death penalty murder case like this one can easily run into the hundreds of thousands of dollars, something Baez is certainly claiming. Caylee’s pictures are not going to pay for the bulk of it. The motion requests that the state cover the cost of depositions, transcripts, investigators, legal research, expert witness fees, medical or mental examinations, travel expenses and other costs the defense has or will incur. Some of the defense’s witnesses and forensic experts will, no doubt, come from out-of-state, and the defense will have to cough up the funds somehow.

This doesn’t surprise me, and I wouldn’t read too much into it. For one thing, the judge will have to agree with Casey’s request, which I think he will be obligated to do when he sees her assets and expenditures, and not to take sides, but the state was ready to take on the enormity of the responsibilities - good and bad - when it charged her with first-degree murder and changed the penalty to death. In the eyes of the law, the defense is morally and ethically responsible for defending her. The question remains, how much will the court be willing to give Casey? Remember, the scales of justice are blind and they should weigh about the same.

Let’s take a look at what the motion Casey filled out looks like:

Motion to be Determined Indigent for Costs Pursuant to section 27.52(5), Florida Statutes

Remember Casey is requesting that she be found indigent for costs and eligible for the provision of due-process services in this matter, according to the paperwork that was filed. This does not effectively mean any attorneys will leave the team, like Baez, but it also doesn’t free up money to hire more of them, either. My guess is that with this filing, some powerful and/or well-known defense attorneys will enter the fray because her financial statement will be available to the public. Everyone will be able to look into the inner workings of what makes this defense tick. Another important thing to factor in is this: If Baez is as crooked as some of you think, it will come out now. Personally, I don’t think anything illegal will be found or he would have submitted a letter of resignation to his client to save himself and she would then have a greater chance of reaching indigent status.

This is the Florida Statute referenced in the motion:

27.52 (5)

(5)  INDIGENT FOR COSTS.—A person who is eligible to be represented by a public defender under s. 27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court, on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007, funded by the state.

(a)  The person must submit to the court:

1.  The completed application prescribed in subsection (1).

2.  In the case of a person represented by counsel, an affidavit attesting to the estimated amount of attorney’s fees and the source of payment for these fees.

(b)  In reviewing the motion, the court shall consider:

1.  Whether the applicant applied for a determination of indigent status under subsection (1) and the outcome of such application.

2.  The extent to which the person’s income equals or exceeds the income criteria prescribed in subsection (2).

3.  The additional factors prescribed in subsection (4).

4.  Whether the applicant is proceeding pro se.

5.  When the applicant retained private counsel.

6.  The amount of any attorney’s fees and who is paying the fees.

(c)  Based upon its review, the court shall make one of the following determinations:

1.  The applicant is not indigent for costs.

2.  The applicant is indigent for costs.

(d)  The provision of due process services based upon a determination that a person is indigent for costs under this subsection must be effectuated pursuant to a court order, a copy of which the clerk shall provide to counsel representing the person, or to the person directly if he or she is proceeding pro se, for use in requesting payment of due process expenses through the Justice Administrative Commission. Private counsel representing a person declared indigent for costs shall execute the Justice Administrative Commission’s contract for counsel representing persons determined to be indigent for costs.

According to The Florida Legislature’s Office of Program Policy Analysis & Government Accountability, the commission contracts with court-appointed attorneys - not always Public Defenders - and reviews their invoices for the payment of fees. The commission also administers several funds related to conflict counsel (attorneys appointed when a public defender has a conflict of interest and cannot represent a defendant) and other court-related expenses.  The commission is also responsible for recording revenues from payments by the cities and counties to state attorneys and public defenders for the prosecution of ordinance violations and other new revenue sources.

Again, could this spell the doom for Baez? No, I don’t think so, and I’ll tell you why. For one thing, I don’t believe Baez’s intent was to lose his job here, but most importantly, if Baez and Lyon are replaced by Public Defenders, do you have any idea how much it would cost taxpayers to do it all over again? The state’s not looking to add any more costs to this case than necessary.

I will be looking further into what this is all about, but I think there’s enough here to mentally swallow and digest. In the meantime, don’t get your hopes up that Jose Baez will be given his walking papers. Judge Strickland will have a lot to say in this matter and we all know how safe, sane and reasonable he is. If anything, he may negotiate a deal where Andrea Lyon is placed in charge and Baez takes a huge cut, which will be coming anyway, I’m sure. After all, she’s working for cost and some of it will hinge on how much is left in the Casey war chest. We shall see.

See also: Justice Administrative Commission

and Section 27.5304, Florida Statute

Whatever it is, it's good enough to keep under wraps for now

We will not know what Judge Strickland looked at, because what he saw was good enough to keep it from Casey’s defense for the next 30 days, according to the good judge’s decision today. That means it will most likely be more than a month before it hits discovery, if everything unfolds as ordered.

Here is exactly what the judge decided today. Remember, this could still be a means to keep it out of the media’s hands, too.

§

Order on State of Florida’s In Camera Sealed Motion to Delay Disclosure

THIS COURT, upon consideration of the State of Florida’s In camera Sealed Motion to Delay Disclosure hereby rules as, follows.

1. The State has shown good cause for a delay in disclosure pursuant to F.R.C.P. 3.220(K).
2. The State is hereby authorized to delay disclosure of the material referenced in their motion for a period of thirty days or such earlier time, should the good cause referred to in their motion no longer exist.
3. Unless earlier disclosed, the State, no more than thirty days from the date of this order, shall report to the court, by sealed pleading, whether any good cause continues to exist additional delay in disclosure.
4. At such time as the good cause no longer exists and the materials are provided in discovery, the State shall so inform the court and the Motion shall be unsealed and provided to the Defendant

SO ORDERED this 24th day of February 2010.

Stan Strickland

Circuit Judge

§

In my article posted on February 5, Let’s shoot for the in camera ex parte motion, I explained the meaning of two suffixes attached to the Florida Rules of Criminal Procedure, the “M” and the “K”. The “M” pertained to proceedings. The “K” is specific about the court changing times:

(k) Court May Alter Times. The court may alter the times for compliance with any discovery under these rules on good cause shown.

This is precisely what Judge Strickland decided to do. He chose to read the materials and information behind closed doors and keep it there for 30 days, if not shorter or longer, depending on the circumstances that arise henceforth. Whatever it is, we will not know until it is released due to discovery. Until then, we can guess all we want, but please remember that Dominic Casey’s D&A Investigations, Inc. Web site still says this:

Caylee Marie Anthony disappeared sometime after June 16, 2008. D&A have been Investigating the circumstances surrounding Caylee Marie’sdisappearance since July of 2008 at the request of the Family. If you have any information about Caylee Marie’s disappearance or death …

Now, you can discuss it until the cows come home to roost, but I’m not going to venture much of an opinion on it because I JUST DON”T KNOW, and as I said on my previous post on Feb. 5, this “could be something big or it may be nothing at all that merits our total abandonment of all other evidence, a la the triumphant answer to all of our questions, the one that will cause Creme de la Poison to surge through Casey’s veins.”

READ JUDGE STRICKLAND’S RULING

We will not know what Judge Strickland looked at, because what he saw was good enough to keep it from Casey’s defense for the next 30 days, according to the good judge’s decision today. That means it will most likely be more than a month before it hits discovery, if everything unfolds as ordered.

Here is exactly what the judge decided today. Remember, this could still be a means to keep it out of the media’s hands, too.

§

Order on State of Florida’s In Camera Sealed Motion to Delay Disclosure

THIS COURT, upon consideration of the State of Florida’s In camera Sealed Motion to Delay Disclosure hereby rules as, follows.

1. The State has shown good cause for a delay in disclosure pursuant to F.R.C.P. 3.220(K).
2. The State is hereby authorized to delay disclosure of the material referenced in their motion for a period of thirty days or such earlier time, should the good cause referred to in their motion no longer exist.
3. Unless earlier disclosed, the State, no more than thirty days from the date of this order, shall report to the court, by sealed pleading, whether any good cause continues to exist additional delay in disclosure.
4. At such time as the good cause no longer exists and the materials are provided in discovery, the State shall so inform the court and the Motion shall be unsealed and provided to the Defendant

SO ORDERED this 24th day of February 2010.

Stan Strickland

Circuit Judge

§

In my article posted on February 5, Let’s shoot for the in camera ex parte motion, I explained the meaning of two suffixes attached to the Florida Rules of Criminal Procedure, the “M” and the “K”. The “M” pertained to proceedings. The “K” is specific about the court changing times:

(k) Court May Alter Times. The court may alter the times for compliance with any discovery under these rules on good cause shown.

This is precisely what Judge Strickland decided to do. He chose to read the materials and information behind closed doors and keep it there for 30 days, if not shorter or longer, depending on the circumstances that arise henceforth. Whatever it is, we will not know until it is released due to discovery. Until then, we can guess all we want, but please remember that Dominic Casey’s D&A Investigations, Inc. Web site still says this:

Caylee Marie Anthony disappeared sometime after June 16, 2008. D&A have been Investigating the circumstances surrounding Caylee Marie’sdisappearance since July of 2008 at the request of the Family. If you have any information about Caylee Marie’s disappearance or death …

Now, you can discuss it until the cows come home to roost, but I’m not going to venture much of an opinion on it because I JUST DON”T KNOW, and as I said on my previous post on Feb. 5, this “could be something big or it may be nothing at all that merits our total abandonment of all other evidence, a la the triumphant answer to all of our questions, the one that will cause Creme de la Poison to surge through Casey’s veins.”

READ JUDGE STRICKLAND’S RULING

1. The State has shown good cause for a delay in disclosure pursuant to F.R.C.P. 3.220(K).
2. The State is hereby authorized to delay disclosure of the material referenced in their motion for a period of thirty days or such earlier time, should the good cause referred to in their motion no longer exist.
3. Unless earlier disclosed, the State, no more than thirty days from the date of this order, shall report to the court, by sealed pleading, whether any good cause continues to exist additional delay in disclosure.
4. At such time as the good cause no longer exists and the materials are provided in discovery, the State shall so inform the court and the Motion shall be unsealed and provided to the Defendant

SO ORDERED this 24th day of February 2010.

Stan Strickland

Circuit Judge

§

In my article posted on February 5, Let’s shoot for the in camera ex parte motion, I explained the meaning of two suffixes attached to the Florida Rules of Criminal Procedure, the “M” and the “K”. The “M” pertained to proceedings. The “K” is specific about the court changing times:

(k) Court May Alter Times. The court may alter the times for compliance with any discovery under these rules on good cause shown.

This is precisely what Judge Strickland decided to do. He chose to read the materials and information behind closed doors and keep it there for 30 days, if not shorter or longer, depending on the circumstances that arise henceforth. Whatever it is, we will not know until it is released due to discovery. Until then, we can guess all we want, but please remember that Dominic Casey’s D&A Investigations, Inc. Web site still says this:

Caylee Marie Anthony disappeared sometime after June 16, 2008. D&A have been Investigating the circumstances surrounding Caylee Marie’sdisappearance since July of 2008 at the request of the Family. If you have any information about Caylee Marie’s disappearance or death …

Now, you can discuss it until the cows come home to roost, but I’m not going to venture much of an opinion on it because I JUST DON”T KNOW, and as I said on my previous post on Feb. 5, this “could be something big or it may be nothing at all that merits our total abandonment of all other evidence, a la the triumphant answer to all of our questions, the one that will cause Creme de la Poison to surge through Casey’s veins.”

READ JUDGE STRICKLAND’S RULING

Where'd the millions go?

Since I began following this case in November of 2008, one of the strangest anomalies I noticed was the preponderance of people to make up facts as they go along.

“I know for a fact that Georgie and Sindy are getting rich off their dead granddaughter. The Scamthonys got paid over $200,000 by ABC for selling Caylee’s pictures and videos. They are disgusting!”

How often have we heard accusations like this one and more? Thousands of times? And from how many people? Unfortunately, whenever someone asks for proof of these so-called facts, they are branded as Anthony lovers for the sheer audacity of questioning what they know to be absolutely factual. How dare them!!!

“ABC paid George & Cindy and that’s all there is to it!!! Screw you, pickle brain!”

I don’t care what those prejudicial idiots call me. Whether the Anthonys were getting rich or not was not my issue. All I ever wanted - and still want - are facts that back-up the claim that ABC paid them. I never got one. None. Never. Instead, a lot of name-calling was thrown my way. Ultimately, it’s become quite clear that the most important thing to these “seekers of truth” is to be heard loud and clear and as much as they adamantly state that facts are most important to them, oddly, they get in the way when bashing is the name of the game. Third-grade name calling prevails! Yay! So adult-like. Strangely, the best way to deal with the Anthonys is to burn down their house with them in it.

COMES NOW news that the Anthony home on Hopespring Drive is in foreclosure, so says the Orlando Sentinel today. The Sentinel is a very reputable publication, I might add. The newspaper claims that new documents were filed yesterday in Orange County Circuit Court by Bank of America.

Where’d the millions go? To pay for Casey’s defense? What millions?

I don’t care how much they paid for their house or how much they owe. All I know is that someone deeply involved in the investigation told me months ago that George and Cindy were not paid by ABC and were, therefore, not getting rich off their dead grandchild from that particular gossip, as so many have claimed to know as factual. Who told me is not important to those who will still call me a liar and an Anthony lover. What is important is the media organization that backs up my statement. If you wish to trash me, please take WFTV along for the ride:

Eyewitness News was first to report that the ABC network paid Casey Anthony about $200,000 for all her photos and videos of Caylee about a year and a half ago. But Sheaffer said an experienced defense lawyer might charge almost that much to take on a case like this. (Source: Is Casey’s Defense Team Running Out Of Money? Feb. 17, 2010)

Mark my words, I can hear the “facts” after today’s revelation…

“They are too stupid to pay their own mortgage.”

And it’s the truth to these fact seekers. Amazingly, it get’s more preposterous every day. The Anthonys’ lies get stepped on by factual lies.

ANTHONY HOUSE FORECLOSURE FILED BY BANK OF AMERICA FEB. 22, 2010

How long doth death hide its knell?

I sometimes wonder how long Casey will be remembered after all is said and done. I often think about Caylee and how many times her name will parse the lips of polymorphic minions after fate deals a heavy hand to the one who stands accused of snuffing out her young and precious life. Will Casey and Caylee be forever etched into our memories, or will they fall by the wayside as new slaughters arise from the ever growing and eternally glowing embers of man’s inherent evil against man?

If you think memories don’t fade, and that you will never, ever forget Caylee or her mother, here is a murder I vaguely recall from 1983 - two years after I moved to the Orlando area from the pastoral confines of Hunterdon County, in the Garden State. Do I remember much about the case? No, to be perfectly frank, and it took a little reminder in today’s Orlando Sentinel to bring it back to the forefront. What I do remember is just a hint of what transpired in those days and I only remember it because it was in the news today.

Almost 27 years ago, Mary Hammond was murdered in her Orlando home. The 84-year-old woman was stabbed multiple times and displayed signs of manual strangulation. David Johnston, a transient who had been working at a demolition site in the area, was arrested and convicted of her murder. He was promptly sentenced to death. Here are some of the facts surrounding the case. They are more than just circumstantial:

• Johnston was arrested after police saw scratches on his face, blood on his clothes, and noted several discrepancies in the accounts he gave to different officers at the crime scene.
• Prior to the murder, Johnston had contact with the victim due to his employment at a demolition site close to her home.
• Witnesses placed him in Hammond’s apartment 5 days before her murder.
• Just before her murder, witnesses saw him without scratches on his face.
• Johnston’s watch, which was found covered with blood in the victim’s bathroom, was seen on his wrist as late as 1:45am the morning of the murder.
• A butterfly pendant that Johnston was seen wearing as late as 2:00am was found in the victim’s hair.
• A blood-stained butcher knife was found under the victim’s mattress and a footprint that was found outside the kitchen window matched Johnston’s shoe.
• A pillowcase was found at the demolition site that contained a brass teapot, a wine bottle, flatware, tableware, and a silver candlestick - all of which belonged to the victim.

Governor Charlie Crist initially signed David Johnston’s death warrant last year after he lost a host of last minute appeals, including one challenging DNA found at the scene. He was scheduled to die last May, but the Florida Supreme Court delayed the execution while the DNA issue was argued in a lower court. DNA tests performed last summer on crime scene evidence did nothing to exonerate him.

“Even if the results of DNA testing were to show that the blood on Mr. Johnston’s clothes did not belong to the victim and the material under the victim’s fingernails did not belong to him, there is no reasonable probability this result would exonerate him of the crime,” late Orange Circuit Court Judge Bob Wattles wrote last May. A well-respected jurist, Bill Sheaffer whispered the news of his death to me at the January 25 hearing.

You may wonder why I would bring this particular case up. David Eugene Johnston is scheduled to die by lethal injection at 6:00pm on March 9 at Florida State Prison near Starke. Poor Mary Hammond died by lethal stabbing and strangulation on November 5, 1983, over 26 years ago. What did she see? What flashed through her mind in those final moments? If you think you see evil in Casey’s eyes, tell me what you see in his.

Mary Hammond? Today, she’d be 110 years old. Besides her family and friends, who in Orlando and elsewhere knows anything about it today? Was her life less important or is it just that memories fade? Time heals all wounds, doesn’t it? If Casey is convicted and sentenced to die, where will you be to celebrate in 26 years? Will you remember? And Caylee? She’d be pushing 30.

Redneck Fire Alarm

Since I’m laid up and won’t be around much, I thought I’d give you a chuckle today. Here is an inexpensive, but effective, method of warning inhabitants of an impending catastrophe…

Judge Strickland says yes... and no to State

Orange County Circuit Court Judge Stan Strickland ruled today that he will privately review “materials and information” that have “come into the possession of law enforcement.” This decision comes after he denied the prosecution’s request to meet with them without the defense present in the in camera ex parte motion filed on February 3rd.

The judge wrote in his order that the state can file a sealed request that explains why he should delay release of the materials and information to the public and the defense. Prosecutors must also request the length of time that delay should last.

“We understand the courts directive and we will abide by them,” said the State Attorney’s Office spokesman Randy Means.

Thank You

To all who are concerned about my health, thank you. I am on the cardiology floor of Florida Hospital North in Altamonte Springs. I will do my best to follow the documents released today and write what I can, when I can. I will be going for tests, too, so that will hinder my effort to follow all of this.

Meanwhile, my room number is 407-303-2200, ext. 4813, if you want to call. No need to, but you can if you want. I don’t know about the tests, so I may not be in my room. Anyway, thank you very much, and I will do my best to keep on top of today’s discovery release.

Dave

Oh… here is my temporary home…

Why Casey Pleaded Guilty to Fraud

I remember growing up in the distant past when tobacco companies were allowed to ply their goods in magazine ads and on television commercials. Men sometimes dressed as doctors and wore those funny looking reflector things on their heads. They preached about how much more healthful, flavorful and wholesome “their” brand was over all the others. Of course, in real life, they were not doctors at all. They were models and actors waiting for their big break into show biz. Three years before Magnum, P.I. debuted in 1980, Tom Selleck showed his pearly whites on Close·Up toothpaste commercials and billboards, but did he really use the stuff? I doubt it.

Just like those people, I am not a real attorney, and I’m not paid to act like one, either. All I can offer you is information - and my opinion - on why Casey Anthony pleaded guilty to all 13 third-degree felony fraud charges on January 25 of this year.

Click to enlarge

Without any legal razzle-dazzle or plea bargaining mumbo-jumbo, let’s face the music. Casey was guilty as charged - guilty of all charges, to boot - and I couldn’t see Judge Strickland tossing any of them because, technically, each one was separate and he explained why, by law, he couldn’t have really dropped them anyway. I guess one way to explain why is like this: Suppose I went into a store and shot someone, left, came back later in the day and shot someone else. That’s two crimes and I would be charged so. In the end, the judge accepted her guilty pleas on six of them and withheld adjudication on seven. She threw herself at the mercy of the court and she came out a convicted felon, but ultimately, she was given no more time behind bars.

Why did she plead this way?

I have information I will share with you, but first, let’s take a look at what she was up against before being brought into the courthouse. The most important thing to keep in mind is what got her to the Orange County Jail to begin with - first-degree murder, along with other charges. When faced with something of that size, what’s a few felonies under her belt? Personally, I think the defense risked it all and I think it was the right call. Aside from any appeals, which she would lose had she gone a different route, she took her chances with a well-respected judge; one with a very fair track record. The Honorable Stan Strickland is not a hanging judge and odds were, he was going to mete out some fair medicine, certainly after she swallowed all 13 bitter pills. And you know what? She was right. Here is what I wrote on my The Wisdom of Solomon post:

Judge Strickland gave the defense an opportunity to challenge the charges. We can discuss the lack of brevity or the levity of the arguments, but let’s cut to the chase – it came down to the judge. First, it should be noted that Casey had no prior convictions and she did make full restitution and  Baez did bring up “equal justice” for his client. He asked for one year of probation and credit for time served, rather than the five years of incarceration the State sought. In the end, His Honor sentenced the 23-year-old Casey to (jail) time served – 412 days – plus $5,517.75 in investigative costs and $348 for court. The amount may be discussed and negotiated at a later motion hearing because the defense found the investigative charge too high and not justifiable. He also adjudicated Casey guilty on six of the fraud counts and withheld adjudication on seven, plus he tacked on a year of supervised probation, which could be problematic and complex later on, given that she still faces a huge mountain of charges ahead. He said that he had given this a lot of thought prior to sentencing.

Suppose Casey had fought the fraud charges tooth and nail? The State would have fought back, too, and with a vengeance. In the end, Casey would have been found guilty of most, if not all, charges, and the judge would not have been as lenient. Conceivably, he could have sentenced her to 65 years behind bars. Granted, I doubt if he would have been that harsh, but it would have been a lot more than time spent. So what, you may ask, since she’s facing death or life without parole. I fervently believe the defense is going for the gusto. They are betting all the marbles at once and the grand prize is freedom. Consequently, the defense is not planning on working out any sort of plea agreement with the State of Florida, so you might as well give up on that fantasy. Besides, the State has no intention of offering one.

Please understand I am not implying that Casey is innocent of anything when I say this, but the defense strategy is quite simple. Baez & Co. firmly believe Casey will be acquitted of murder and she will walk out of jail a free woman. If not, what difference does a fraud conviction make? She’d be stuck in prison anyway. Shocking? Yes, but this explains the guilty pleas last month - time served and a year of probation. So what she’s a convicted felon if she beats the murder rap? Does anyone really believe for a second that it would hinder her in the future if she’s released? What future? Who would hire the tot mom? The bar down the road with dancing poles? Personally, I’d take a half-dozen fraud convictions over murder any day of the week, but in her case, she’s forever damaged goods regardless of the outcome.

Now we come down to precisely why she did what she did in that courtroom. Yes, surveillance cameras caught her, but there’s something more. What the public is not aware of is that Casey gave a written confession long before she pleaded guilty. The state had that confession months and months ago and it would have been downright impossible to defend against, even if Johnnie Cochran came back from the dead to represent her, no disrespect intended.

The Nitty Gritty

I don’t know if the name William Casterline means anything to you, but OCSO was aware of him when I contacted one of the investigators about one month ago. By being aware, I do not mean that in a bad way at all. He’s not suspected of any wrongdoing, so don’t bother working up an angle like that. Casterline is from Ohio, the same state as Casey, but how they got to know each other is anyone’s guess. According to his MySpace page, he’s got just over 19,000 friends. My notion is he’s got to be one busy and popular dude. And he and Casey knew each other well enough to communicate, as you will see.

Will is also a member of the Let Casey Out Of Jail - She Is Innocent fan club on Facebook, of which there are only 16 members. Look, everyone has a right to their opinion and in the eyes of the law, Casey is still innocent. Please don’t take this as any sort of license to bash the guy. The focus is not on him. He’s in Ohio and they may be old friends. The curious thing is, Toledo, where he lives, is over 150 miles away from Warren, where Casey’s from. In any event, his goal, according to his MySpace page, is “to become a legalized defender of the public.” This is written in BLURBS: About Me:, just above his FRIEND SPACE.

Also written there are these possibly telling words: “im [I’m] not on here much do [due] to the fact of putting up with drama for a year and a half…” Whether this refers to Casey or not is anyone’s guess, but it’s interesting to note that he had his old Myspace page removed and signed up for this one on December 28, 2009, almost a year-and-a-half after Casey was arrested.

Here is where it gets very interesting, folks. I received information from a very reliable source that contained text messages Casey purportedly sent to Will Casterline via MySpace and phone. Can I verify this? No, but once again, I stand behind my source and I have credible information that backs this up, including Casterline’s personal e-mail address. Following are some of the messages Casey sent. Please note, these are her messages, except for one from him. The last one is the telling one, the one prosecutors had with them when they went to court January 25th. No wonder Casey pleaded guilty to all charges.

By the way, if you click on “CASEY” just below this image, it will take you to her official MySpace page, last signed in on October 13, 2008. Her mood on that day was focused . When October 13 turned to midnight, it became the 14th, but she was already signed in…

CASEY

Oct 14, 2008 12:00 AM

hey will haha your song is quite awesome. how’s everything? tomorrow is the day? i go in front of the grand jury. wish me luck and i’ll be keeping my head up.
if it wasnt for you guys having this positive outcome for me i would of been worse off than i’am.

Oct 11, 2008 6:09 PM

HEY WILL, WHATS UP HOW HAVE YOU BEEN? NOTHING MUCH HERE. YOUR DEFAULT IS ROCKIN AND I WAS WONDERING WHAT HAPPENED TO YOU….
WELLHOPE YOUR DOING GOOD.

I LET YOU KNOW ON WHATS GOING ON

Sep 30, 2008 1:05 AM

i will definatley let you know.
have a great night and thanks for thinking about me.

just wanna tell you that your such a great friend through all of this. your the one that truley understands what im going through. you will be my friend til the end. who cares about what those pathetic people that admires me. were gonna keep are heads up and were gonna bring caylee home. everybody out for the worst and i cant wait to prove them wrong.
love ya will your the best!!!!!!1

————————- Original Message ————————-
From: will casterline
Date: Oct 8, 2008 10:36 PM

i always will casey and if you do go to prison i swear i wont stop until i somehow clear your name

————————- Original Message ————————-
From: CASEY
Date: Oct 9, 2008 1:33 AM

i know….
i stole but that was a mistake that i could say im guilty of…
whe you said on my page that i was your best friend and to back off. that was pretty much awesome for you to say that. somebody cares enough to back me up is quite a charm. thanks

In the end, I believe the reason we, the public, didn’t see any of this in discovery is because the defense never requested it.

New Casey documents filed

According to the Orlando Sentinel, new documents were filed today; one by Jose Baez and Andrea Lyon, and another by Mark NeJame, who represents Texas EquuSearch.

In the first one, Casey Anthony’s defense attorneys object to the State’s recent request for a private hearing with Orange County Circuit Judge Stan Strickland. The State Attorney’s Office recently asked for a private hearing to discuss“certain materials and information” that have “come into the possession of Law Enforcement.” (Please see: Let’s shoot for the in camera ex parte motion)

Assistant State Attorney Jeff Ashton wrote that there was good cause to delay disclosure of these materials and information.

Casey’s defense stated in their objection that the State offered nothing in support of their claim, and “under Florida law a bare assertion is insufficient,”according to the motion, which was made public today.

The defense also filed an objection to the state’s proposed discovery schedule, according to the Sentinel. The defense team and prosecutors assigned to Casey Anthony’s case met Feb. 8 and agreed on an “overwhelming majority” of discovery issues.

The defense objects to one item in particular - dealing with the Oak Ridge Laboratory. They claim the lab may try to claim Judge Strickland doesn’t have jurisdiction over them, and so more litigation may ensue to resolve this issue. The motion asks the judge to amend the state’s proposed discovery order to either exclude the deadline for the laboratory and its officials, or to set an alternative date for matters related to that agency.

Meanwhile, Mark NeJame filed a response to claims made by the defense team. Casey’s defense still wants records from EquuSearch, the volunteer search organization that helped look for Caylee Marie. TES claims that releasing all its information, including the volunteers’ cell phones and other identifying details, to the defense, could have a “chilling” effect on volunteers in future searches.

The defense countered by claiming that NeJame invited a local TV station in to his office to view some of the records, which makes the chilling effect argument moot. In his response filed yesterday, NeJame wrote that the defense team’s motion is “inaccurate and lacking in demonstrating any proper investigation or due diligence prior to its filing.”

“If counsel for the Defendant had conducted a proper inquiry he would have ascertained that none of the previously approximately 4,000 undisclosed names of the searchers were shown, reviewed, or looked at by Adam Longo, reporter for Central Florida News 13,” NeJame wrote. “In fact, those approximately 4,000 names of the searchers were in a separate box and in a separate office located approximately fifteen (15) miles away when Mr. Longo was present.”

Defense Motion 2_9_10

TES response to defense

Defense Objection to State of Florida’s General Discovery Order

Prayer Requests for Georgeann Miller, Wife of TES Founder Tim Miller

From the TES Web site, and I quote…

02/03/10 — Tim Miller’s wife, Georgeann, has been diagnosed with the dreadful illness bone cancer. She and Tim are now making preparations for her much-needed treatments at one of the finest facilities in the world. Tim and Georgeann will let us all know when they decide they are ready to accept visitors or calls. Tim is devastated, and he is not really able to give his concentrated efforts to Texas EquuSearch at this time. We have counted on Tim to make many of our search decisions for years, but naturally, right now, all of his thoughts and concerns are about Georgeann. Tim will be contacting some of our various members and other TES associates from time-to-time, but he does not wish to receive any calls whatsoever at this point. He has been the Founder and Director of this organization for more than ten years … and he still rightfully remains so. He has specifically requested that no persons attempt to contact him by phone – or by any other means. Everyone will know when Tim feels he is ready to return to work. Let’s all please respect and honor his wishes, and let others know likewise. Any updates will be issued through this office. Tim has prayed for hundreds if not thousands of people during their time of need over the years. Now it’s time for all of us to pray for Tim and Georgeann in their time of need. If you wish to leave you thoughts, prayers and well wishes, please leave a comment on this post. We will make sure Tim and Georgeann get them all. Thank you so much.

This should transcend petty arguments between commenters on blogs and forums. Please visit Texas EquuSearch and offer your prayers.

Do it there, not here, and please do not mention my name. This has nothing to do with me and I want NO publicity. Just prayers.

[I have since found out it’s next to impossible to leave a comment there, so just remember to pray, if nothing else.]

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Driving Miss Casey

There are videos at the bottom of this post. I originally put them up in August of last year. Now that I see there’s some discussion about the abandoned house and where Lee lived, I thought I’d put them back up to refresh your memories. WFTV Channel 9 was the only station, I believe, that really reported on the abandoned house, for whatever that’s worth. The house had been owned by a guy named Hernan Gonsales (with an “s”, not a “z”) and when I checked on it then, it had been taken over by a mortgage company, leading me to believe it had gone into foreclosure at some point. Immediately after WFTV aired their story, OCSO promptly discounted any connection between the house and Casey. Having been to that location many times, I can tell you with complete authority that the house can only be accessed via the road that goes in off of Chickasaw Trail. In my opinion, it was a combination of Dominic Casey turning it into a story it wasn’t, and Channel 9’s BREAKING STORY that sensationalized it. Sorry, but it takes two to tango on the news.

If you want to time the length it took to drive from the Anthony’s house on Hopespring to the woods on Suburban, use a stopwatch, because you may want to pause it for a few seconds. I braked near the two end houses whereZenaida Almodovar and Peter Gonzalez live. I used an online stopwatchwith a pause and it took about a minute-and-a-half to drive the distance. This should dispel those persnickety Timer55 rumors.

The following is an edited reprint of a post I put up last August…

I had to break the videos into two parts because of size limits on YouTube. In a nutshell, I took a ride down Chickasaw Trail to Hopespring and Suburban Drives. Included are a real time trip from the Anthony house to the woods, a real time trip from the end of Hopespring to the abandoned house the PIs scoped out, a trip to Lee’s old place, and the famous Amscot parking lot with a bonus shot of the dumpster. You can read the article first or last, but I really do want you to read it because it should prove to be thought provoking.

CREEPY CRYPTIC CASEY, PART 2

In January of last year I wrote an article titled, Creepy Cryptic Casey. It was there that I mentioned the two dwellings at the corner of Suburban and Hopespring Drives. The last two lots on the east side of Hopespring are numbered 4709 and 4701, respectively. In the house next to the end livesZenaida Almodovar. In the corner lot lives Peter Gonzalez. Some could safely surmise that by combining parts of the two names you come up with Zenaida Gonzalez. Is this merely a coincidence or is there more to it?

Images can be enlarged by clicking on them

In that January article, I wrote, “Some people love to play mind games. They bask in the unfounded superiority they feel they have over you. They love to tell riddles. Casey was good at that.” I continued by including something she said to Lee in response to one of his questions:

LEE: What do you think, where do you think. You think Caylee’s ok right now?

CASEY: My gut feeling? As mom asked me yesterday and even Jose asked me last night, the psychologist asked me this morning that I got through the court, um in my gut she’s still ok. And it still feels like she’s close to home. [Some dispute this and insist she said hope, not home.]

What was most unusual about Casey’s statement was that she was absolutely right. Caylee was very close to home as we later found out, and it is here that I am going to expand on those words by showing you evidence that could, quite possibly, shed more light on why the state of Florida charged her withpremeditated first-degree murder. As puzzling as Casey tried to be, did she hand out clues and truisms at the time of her initial oral and written statements to investigators? Was she telling the truth? In some cases, I allege that she was absolutely telling the truth.

On her first written statement to law enforcement, dated July 16, 2008, she said something that appears to have come from her mother. Cindy told her (and deputies) that she hadn’t seen Caylee since June 9. Casey wrote the same thing on her statement. She also wrote that she hadn’t seen her daughter in 31 days. Obviously, June 9 to July 15 add up to more than 31 days and later the confusion over the date was remedied by the Father’s Day video taken on June 15. What is extremely interesting and telling to me is one thing she wrote in particular…

“… between 9am and 1pm…”

Could that be true? Oh, I’m not talking about the time George said he saw them leave the house together on June 16. I’m looking at the time Casey wrote,between 9 and 1. Take a good look at where Caylee’s body was found:

Caylee’s body was found behind Zenaida’s and Gonzalez’s properties by meter reader, Roy Kronk. Look at the two addresses again:

4709

4701

Casey kept insisting that Zenaida Gonzalez had her. What are the two house numbers and who lives there? Where was Caylee found?Between 9 and 1. Incidentally, this information, like the Zenaida MySpace page, was right under our noses all along, and it came from akfhome27 when she left a comment on my YouTube video of Suburban Drive. The video can also be viewed on my blog.

Are those nothing more than mere coincidences that can readily be shrugged off? One could easily think so, except I have one more thing to show you. This one came to me by way of Laura Adams, a frequent contributor…

At first glance, it really seems innocuous enough, but look at that number again.8905. Wasn’t Caylee’s birthday on Sunday, August 9? Wasn’t she born in 2005? Isn’t that 8/9/05? Isn’t that where the body was found?.

Driving Miss Casey Part 1 (YouTube link)

[vodpod id=Groupvideo.3183436&w=425&h=350&fv=%26rel%3D0%26border%3D0%26]

Driving Miss Casey Part 2 (YouTube link)

[vodpod id=Groupvideo.3183580&w=425&h=350&fv=%26rel%3D0%26border%3D0%26]

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Straight from the Cock-A-Doodle-News

From the Department of Only In Florida…

THERE IS A CHICKEN IN OCALA WITH TWO REAR-ENDS.

I know children read this blog sometimes, “butt” I must tell you about this chicken found in Florida, home of nasty crimes and beautiful, beautiful chicks with gorgeous tans and bods to match.

In Ocala, which is pertnear 100 miles north of O’do, a clucker hen, a layer of eggs, was found to have 2 pubic areas. Now, before you jump all over me like the rooster I am not, take a look at the news…

From Ocala.com

Alfredo Cruz of Ocala holds his chicken J-Lo Wednesday afternoon outside the Marion County Extension Office. With the help of Nola Wilson, a small animal extention agent with the Marion County Extension Office, Wilson verified that Cruz’s chicken in fact has two two pubic areas. The two pubic areas is where chickens lay eggs and relieve themselves. “We give the eggs away to neighbors,” Cruz said. “We just want to keep her. We don’t want to make any profit. Now we’ll keep her until one of the hawks come and get her,” Cruz said with a chuckle.

WATCH THE VIDEO

There’s a video. Scroll down after you click on the link.

Let's shoot for the in camera ex parte motion

 The best way to start this post off is to describe what in camera means. It is a closed and private session of court or some other kind of deliberating body, like a corporate board room. We are sticking to its meaning in a courtroom.

In court, in camera can take place during a trial or a hearing prior to trial. By requesting it, the judge can decide one way or the other. It is a rare and infrequent occurrence for a court to grant something like this because public access and transparency are both paramount to justice. It’s certainly an issue in an open state like Florida, with its Open Government and Public Records laws, which mandate that government must be held accountable to the people.

From time to time, there are overriding concerns where the violation of personal privacy and the vulnerability of witnesses or parties justify an in camera hearing, in which the public galleries are cleared, the doors are locked, and the only people in attendance are the judge, a court reporter, the party or parties involved, the attorneys and any witnesses.

A simple example would be in a civil case, such as a marriage annulment or divorce, where evidence of bedroom inadequacy is required. Since so few people are affected by this, there is little to no harm done in ordering that the evidence be given in camera. Otherwise, to receive this evidence in open court could cause significant embarrassment to the litigants. In this case, it is a matter of needing to know, and the public has no right to be privy to this sort of thing. Of course, it is still the judge’s call.

Let’s take a look at the Motion for In Camera Ex Parte Hearing, but first, ex parte is a decision made by the judge without requiring all parties to the controversy to be present. It is a legal proceeding brought by one party in the absence of and without representation or notification of the other parties.

COMES NOW the State of Florida, by and through the undersigned counsel, pursuant to Florida Rules of Criminal Procedure 3.220(m) and respectfully requests an ex parte in camera hearing with this court, recorded by an official court reporter, as grounds therefore the State would show,

• 1. Certain materials and information have come into the possession of Law Enforcement.
• 2. Those materials and information are discoverable under F.R.C.P. 3.220.
• 3. There is good cause to delay foreclosure of these materials and information pursuant to F.R.C.P. 3.220(k).

WHEREFORE, the State of Florida respectfully requests an ex parte in camera hearing with this court to explain the good cause to delay disclosure.

Upon reading the motion by the State, we take note that the Florida Rules of Criminal Procedure cited is 3.220, with 2 significant suffix letters, an m and a k after 3.220. What is 3.220 all about? It’s all about DISCOVERY, baby!

RULE 3.220. DISCOVERY

(a) Notice of Discovery. After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules, including the taking of discovery depositions, by filing with the court and serving on the prosecuting attorney a “Notice of Discovery” which shall bind both the prosecution and defendant to all discovery procedures contained in these rules. Participation by a defendant in the discovery process, including the taking of any deposition by a defendant or the filing of a public records request under chapter 119, Florida Statutes, for law enforcement records relating to the defendant’s pending prosecution, which are nonexempt as a result of a codefendant’s participation in discovery, shall be an election to participate in discovery and triggers a reciprocal discovery obligation for the defendant. If any defendant knowingly or purposely shares in discovery obtained by a codefendant, the defendant shall be deemed to have elected to participate in discovery.

This tells us that after a defendant decides to participate in the Discovery process, that person is bound by the rules set forth in 3.220 - all of them. Since m and k were specifically listed, let’s examine those two.

(m) In Camera and Ex Parte Proceedings.

(1) Any person may move for an order denying or regulating disclosure of sensitive matters. The court may consider the matters contained in the motion in camera.

(2) Upon request, the court shall allow the defendant to make an ex parte showing of good cause for taking the deposition of a Category B witness.

(3) A record shall be made of proceedings authorized under this subdivision. If the court enters an order granting relief after an in camera inspection or ex parte showing, the entire record of the proceeding shall be sealed and preserved and be made available to the appellate court in the event of an appeal.

It is very evident that the State is asking the judge to deny or regulate the disclosure of sensitive matters, and it needs to be discussed in private. Whatever materials and information came into the hands of law enforcement, prosecutors want to keep it out of the public’s hands for now, and quite possibly, the defendant’s. I am more inclined to think it is the former - the public is on a need to know basis and this is something or someone that needs no exposure. Whatever it is, the State doesn’t want it discussed in open court. It is protecting something or someone. I have a thought I believe is relevant, but it will be discussed in another article. It will touch on open investigations and obligations of law enforcement and the State Attorney’s Office. Meanwhile, if the judge decides to keep this under wraps, it can be unsealed if the case reaches the appellate court level.

(k) Court May Alter Times. The court may alter the times for compliance with any discovery under these rules on good cause shown.

The State clearly wrote there “is good cause to delay foreclosure of these materials and information…” No other inferences were made. From this, we cannot second guess the State and assume a real, live, witness, such as Dominic Casey, has come forward. We cannot put words in the State’s mouth by wishful thinking and gut feelings. This could be something big or it may be nothing at all that merits our total abandonment of all other evidence, a la the triumphant answer to all of our questions, the one that will cause Creme de la Poison to surge through Casey’s veins.

In the Government-In-The-Sunshine manual, Chapter D references exempt, confidential and limited access public documents and meetings and these statutes are quite focused.

D. Exempt, confidential and limited access public documents and meeting—exemption summaries. It is recommended that these summaries be used as a reference only—interested parties should refer to the full test in the Florida Statutes before drawing legal conclusions.

What I will do is proffer a few of the Florida Statutes that cover exempt, confidential and limited access public documents and meetings as they mayapply in this motion.

Section 39.201(2)(h), F.S. — A telephone number, fax number, or Internet protocol address from which the report was received by the hotline which is included in the abuse report pursuant to this subsection shall enjoy the same confidentiality provided to the identity of the reporter pursuant to s. 39.202.

This could be anyone, if the motion is trying to keep someone’s identity under wraps. At no time does the motion imply that, nor does it seek to hide anyone.

Section 39.202(2)(o), F.S. — Access to records concerning reports of child abuse or neglect shall be granted to any person in the event of the death of a child determined to be a result of abuse, abandonment, or neglect. Information identifying the person reporting abuse, abandonment, or neglect shall not be released, nor shall any information otherwise made confidential or exempt by law.

Suppose someone has now come forward stating that they once saw Casey smack Caylee very hard. It could have been in a mall restroom. It’s interesting information that would certainly help the state, but it’s hardly incriminating enough to stick a needle in Casey’s arm.

Section 112.08(7), F.S. — Medical records and medical claims records in the custody of county or municipal government relating to county or municipal employees, former county or municipal employees, or eligible dependents of such employees enrolled in a county or municipal group insurance plan or self-insurance plan are confidential and are exempt from s. 119.07(1). Such records shall not be furnished to any person other than the employee or the employee’s legal representative, except as provided in the subsection.

Section 112.08(8), F.S. — Patient medical records and medical claims records of water management district employees, former employees, and eligible dependents in the custody or control of a water management district under its group insurance plan established pursuant to s. 373.605 are confidential and exempt. Such records shall not be furnished to any person other than the employee or the employee’s legal representative except as provided in the subsection.

The above statutes could apply to a certain meter reader who was once an employee of the municipal government, particularly in water management. The defense is rigorously going after this former meter reader by the name of Roy Kronk. Is this a counter-measure by the state? I’m not saying it is. Hint. Hint. Wink. Wink.

Section 112.3188(2), F.S. — Except as specifically authorized by s. 112.3189, or this subsection, all information received by the Chief Inspector General or an agency inspector general or information produced or derived from fact-finding or other investigations conducted by the Department of Law Enforcement or the Florida Commission on Human Relations, is confidential and exempt from disclosure if the information is being received or derived from allegations as set forth in subsection (1) and an investigation is active. All information received by a local chief executive officer or appropriate local official or information produced or derived from fact-finding or investigations conducted by a local government pursuant to s. 112.3187(8)(b), is confidential and exempt if the information is received or derived from allegations as set forth in s. 112.3188(1)(a) or (b) and the investigation is active.

There has been an awful lot of discussion about Dominic Casey, specifically that he has turned against the Anthonys and is ready to testify for the State as an informant now immune to prosecution. Hip hip, hurray! At no time or location did I read that in the motion filed Wednesday. As a matter of fact, it is not written that this is a human being at all, nor have I ever heard of a person being referred to as materials and information. I also question why Dominic Casey wouldn’t just drive himself to the State Attorney’s Office instead of going through law enforcement if this is the case. It doesn’t seem logical to me. I’m inclined to lean toward law enforcement turning something over to the prosecution that could benefit their case against Casey right now, at the moment; but it’s also part of an open investigation and should remain confidential. It could merely be another piece of the puzzle. Does it have to do with latent prints, something else, someone else, or nothing earth shattering at all? All we can do is guess.

What we need to keep in mind is that courts must balance the public interest in protecting the flow of information against a defendant’s right to prepare a defense when ruling on whether disclosure is justified, and that the final decision rests in the hands of a very able judge, the Honorable Stan Strickland. Before we jump the gun on anything, let’s remember that death by firing squad is not an option in the state of Florida, and as much as we want justice for Caylee, the state wants it, too, and prosecutors are doing a great job of not shooting off their mouths.

Possibly a May 2, 2011 Trial Date for Casey and Leonard Plays Misty

Before we jump to any conclusions, bear in mind that no trial date has been set by Orange County Circuit Court Judge Stan Strickland, so May 2, 2011 has not been chiseled into granite. Not yet, anyway, but remember at the last hearing, the judge did ask that the two sides get together to work out a timeline. According to WESH-TV, that is exactly what happened yesterday, when prosecutors filed two new motions later in the day.

One of the motions reportedly deals with the issue of a timeline for the case and the other one asks for a private meeting between the State Attorney’s Office and the judge. The private meeting would be to discuss new (undisclosed, I might add) material uncovered by law enforcement from being handed over to the defense until a later date. The State needs more time to study this new material and information. Before we decide what this new “evidence” is all about, keep in mind it is nothing more than mere speculation and if the defense doesn’t have a clue, neither do we.

In the second motion, prosecutors are suggesting that the trial date be set at May 2, 2011. This would allow the State time to finish questioning witnesses under oath by the end of August, while the defense could have until January. Also, the defense would have until October 1 to turn over their witness list. This would explain why the defense did not turn anything over to the State by February 1. They were working diligently behind closed doors (with the State) on a new date.

If the timeline is not satisfied, lawyers from both sides would have to show why the case is not moving forward. No word yet from Judge Strickland.

State’s Motion for Incamera Ex Parte Hearing

Florida Rules of Criminal Procedure

Notice of Filing

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As I reported on January 31, famed bounty hunter Leonard Padilla has offered to post bond for Misty Croslin. He told WESH-TV that he called her attorney to speak about bond payment and is waiting for a call back. According to WESH, Croslin’s attorney would hire Padilla on a contingency fee so that anything she tells him would remain privileged under attorney/client contract. He told WESH that he wanted to modify the conditions he used when he paid Casey Anthony’s bond. I guess he learned his lesson. Anyway, Croslin is being held at the St. Johns County Jail and Ronald Cummings, father of missing Haleigh, is in the Putnam County Jail.