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Entries from February 1, 2010 - February 28, 2010

Wednesday
Feb242010

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, 2008D&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, 2008D&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, 2008D&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


Tuesday
Feb232010

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

Monday
Feb222010

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.


Wednesday
Feb172010

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…

Wednesday
Feb172010

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.

Tuesday
Feb162010

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…

Friday
Feb122010

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 Mood Image. 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.


Thursday
Feb112010

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

Wednesday
Feb102010

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.]

Tuesday
Feb092010

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

4701_4709

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:

LEEWhat do you think, where do you think. You think Caylee’s ok right now?

CASEYMy 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…”

Casey LE statement

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:

Body 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…

8905 Suburban Drive

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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Monday
Feb082010

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.


Friday
Feb052010

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.


 

 

Thursday
Feb042010

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

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.


Tuesday
Feb022010

An unbiased look at news slants

Because of the nature of news and personal opinions based on what happens in the world of current events, it’s sometimes good to remind people periodically to stay focused on facts and to understand the implications involved in news reporting and how it balances out with how we think. Should Casey die? Is universal healthcare the answer? Should more American troops be sent to Afghanistan? Is Obama a good president? The ideas and opinions of people run incredibly strong and deep, and it’s just plain human nature to be this way. Here on blogs, we grow by engaging each other in comments. In the news, it’s not readily distinguishable because the brain doesn’t always comprehend what’s been absorbed, especially when it fits the bill on a particular topic. For example, FOX goes one way and MSNBC goes the other and seldom the twain shall meet. Rest assured, if one network is agreeable, that one is perceived as being fair and balanced and the other is up to no good.

This is an article I originally wrote in college back in the early 70s. I have updated it a couple of times and published it on the blog in 2005 and 2008. This is a new approach to an old post…

Every day in the news media we are bombarded by reports that lean one way or another. Pro-this, anti-that, so to speak. Very rarely do we read, see or hear any type of news that isn’t slanted. Even your relatives, friends and co-workers have said the coverage of a particular news item was so biased for or against a particular issue, they felt compelled to tell you about it. You may have sat there and thought, “Hey, I saw the same thing, on the same station, and I didn’t feel it was as bad as what they just told me.” Of course, each one of us has an opinion on just about everything, and sometimes we run into people who are just so animated over how the news is reported, they seem to lose track of exactly what they heard, saw or read, and, by inflection, they inject their own personal views that create a slant on the slanted news. Those who do the reporting tend to be pariahs in the minds of these viewers and they misconstrue what was actually said in the first place. A lot of it has to do with wishful thinking. As is the case now with Barack Obama, people either like him or they hate his guts with a vengeance, so out of their mouths come some pretty nasty words. Of course, kinder and gentler words come out of his supporters.

A lot of times, someone believes deeply in a cause. Save the Whales! Causes can be twisted into political agendas because conservatives interpret conservation and animal rights organizations and issues as being liberal, for instance. It works both ways. Over time, too many issues have been highly distorted and twisted into one’s own way of thinking, when, in reality, that should not be the case. Teddy Roosevelt was a Republican president and he is regarded as the founder of environmental conservation in America; a true protector of flora, fauna, and land. Was he a liberal tree hugger? Good question, but for some odd reason, we seem to get confused and downright mean over issues that may or may not impact us, depending on points of view. Just yell GLOBAL WARMING! in a room full of Democrats. Do the same in a room filled with Republicans. You’ll never hear so much passion, along with a heavy dose of bias and self-serving interpretations of science.

Slants take on many forms, not always of a political nature. They can delve into the philosophical or religious views of the author, too. They could be based on one’s own experiences. How many movie and restaurant critics have written bad reviews? Clearly, there’s nothing political about those. Maybe you saw that movie and ate at that restaurant and you liked both. Who is right here? You or the critic? Below are three different takes on the same fictitious event. One is a straight forward report and the other two are slants. Each slant will infer something different. Read between the lines.

(1) A two vehicle accident occurred on Wednesday, at the intersection of Main Street and Vine Avenue, in downtown Podunk around 11 PM. One person did not survive. Dennis Walker, 15, of Ruralville was pronounced dead at the scene. His father Michael Walker, also of Ruralville, was transported to Podunk Medical Center, where he was treated and released. The driver of the other vehicle, Scott Wilson, 22, of Podunk, and his passengers, suffered minor injuries and were treated at the scene. The cause of the accident is pending a police investigation.

(2) A 15 year old boy died in a two car accident on Wednesday here in Podunk. The accident occurred at the intersection of Main Street and Vine Avenue. Dennis Walker, of Ruralville, was pronounced dead at the scene. His father, Michael Walker, also of Ruralville, was flown by helicopter to the trauma center at Podunk Medical Center. The driver of the other vehicle, Scott Wilson, 22, of Podunk, and his passengers, suffered minor injuries and were treated at the scene. Mr. Walker had just pulled out of the parking lot of the First Baptist Church of Podunk, where he had picked his son up from a Boy Scout meeting. An officer at the scene was quoted as saying, “I can’t say for sure what happened, but empty beer cans and bottles were found in the other vehicle.”

A witness said that the other car had just pulled out of Bill’s Tavern, less than a block away, and was exceeding the posted speed limit of 35MPH. Blood alcohol levels have not been released and an official report will not be disclosed until the investigation is completed.

(3) An accident which caused the death of one person occurred at the intersection of Main Street and Vine Avenue in Podunk. Dennis Walker, 15, of Ruralville, died at the scene. His father, Michael Walker, also of Ruralville, was transported to Podunk Medical Center. The driver of the other vehicle, Scott Wilson, 22, of Podunk, and his passengers, were treated for minor injuries. There have been many accidents at this intersection over the past 10 years, according to state statistics. A witness at the scene said, “This is ridiculous. We’ve protested to state, county and city officials about this problem for years. We’ve signed petitions. We need a traffic light here now! No one heeds the 4 way stop signs. At least two others have died in the past three years.” An investigation is pending and weather did not seem to be a factor.

Do you see how easy it is to write a slant? You can slant a story any way you want to suit your own opinion and to get your message across. We see, read and hear it every day on the news. It’s not just news outlets, either. Today, the Internet is a bastion of unlimited free speech and there are millions of bloggers around the world who exercise that right, except for China, but it certainly doesn’t mean it’s all straightforward and true. It’s not just bloggers. There are tons of Web sites waiting to sink their fangs into our brains. It’s not just Web sites, either.  Governments love to indoctrinate their citizenry. Of course, I could go on and on and on, but I won’t.

You, the reader, watcher and listener, have to distinguish between what is real and what is a twist and even if you agree, it still doesn’t make it true. Remember that.

Of course, that’s my unbiased opinion.