The Confrontation Clause & Hearsay Rule

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

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

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

Sir Walter Raleigh

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

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

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

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

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

William Penn’s Jury

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

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

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

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

American Colonies and States

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

The Sixth Amendment

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

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

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

Order in the Court!

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

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

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

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

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

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

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

So What Is Hearsay?

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

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

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

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

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

And What Isn’t in Criminal Trials?

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

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

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

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

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

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

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

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

See also: Hearsay Exemptions if Witness is Able to Testify

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

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

To Pay or Not to Pay?

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

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

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

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

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

A Wray of hope for the defense?

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

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

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

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

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

—

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

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

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

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

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

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

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

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

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

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

From Open Forum:

2009/11/21 at 10:50pm

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

From Say hello to Laura and Joe:

2009/11/30 at 1:53pm

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

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

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

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

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

Thanks to Snoopysleuth for finding this

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

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

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

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

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

Supplemental witness list:

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

Today is Umpteenth Dump Day

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

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

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

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

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

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

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

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

JOY WRAY 11-23-09

JOY WRAY 12-10-09

Additional PDF Documents

OCSO SUPPLEMENTAL REPORT 1

OCSO SUPPLEMENTAL REPORT 2

TONY ROVINSKY 12-10-09

TIM MILLER 12-12-09

RICHARD MICHAEL CREQUE 12-10-09

MELISSA EARNEST 8-20-09

LORI CREE 8-20-09

LISA HOFFMAN 12-12-09

LINDA TINELLI 12-14-09

JOE JORDAN 1 - 10-28-09

JOE JORDAN 2 - 11-5-09

JENNIFER CONAWAY 9-16-09

DANIEL IBISON 12-10-09

CAROL CONAWAY 9-16-09

BRETT DOUGLAS REILLY 12-10-09

BRETT CHURCHILL 8-21-09

§

But the f****** b**** won’t talk!

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

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

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

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

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

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

STATEMENT BY HELEN DAVIS

I, Helen Davis, give the following statement voluntarily.

My name is Helen Davis.

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

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

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

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

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

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

Signed _____________________ Date ___________

[See: Statement by Helen Davis]

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

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

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

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

Will Mason Jar the State?

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

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

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

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

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

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

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

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

ALL RISE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Zenaida, Zenaida, Zenaida, Part 1

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

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

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

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

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

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

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

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

ZENY7

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

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

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

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

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…

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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