Decisions, decisions, decisions....
Looks like a decision came Friday, no bitch slapping like I had hoped, but interesting none the less. Judge Perry's confidentiality agreement, in which he would have liked to have media outlets sign, and agree not to release information regarding the where abouts of the jury pool until the day before jury selection begins, became null and void on Friday. No confidentiality agreement will stand, however......Judge Perry now does not have to tell the media where he will be finding his jury from until the morning of the 9th, the same day jury selection begins. Careful what you ask for, media hounds. You could have had this information one whole day earlier, if you would have simply agreed to the confidentiality agreement. It no longer matters where the media gets their information, whether through the courts or their own independent source, they won't be getting it any earlier than the rest of the world.
Strange.......
Unless I am reading into this wrong, it would appear that the Anthony's, (George and Cindy), will be allowed to sit in the court room during the trial. They are witnesses to the case and the defense (as well as I am sure the prosecution) is slightly concerned about what they may observe and listen to before testifying themselves. But there really was no other suitable answer for this motion. The Anthonys are not only witness, but first and foremost, the parents of the defendant and the family of a murder victim. Keeping them away from any portion of this trial would be an injustice in itself.
Tell Me Why, I don't like Mondays......
Forget about it, Mondays are going to be exciting again. The trial is on schedule and Monday marks the beginning of jury selection. We are getting close, folks.
Sunday, May 8, 2011
Thursday, May 5, 2011
Early Disclosure vs. Fair Trail
Tell Us Why Judge Perry, Tell Us By Friday!
You have got to be kidding me! As of Wednesday, we learned that media outlets are going forward with an appeal of Judge Perry's ruling not to disclose jury information to media before May 8th, the day before jury selection is scheduled to begin. This appeal could delay Casey Anthony's trial. Media outlets have decided then that appealing Judge Perry's decision and thereby delaying the trial (and delaying the information that they are fighting for), by who knows how long, would benefit them, rather than simply waiting a few more days to obtain the information they are seeking in the first place. Someone, somewhere with half a brain (the wrong half), has decided that their right to a media feeding frenzy outweighs the defendants's right to a fair trial and timely court process. Yes Casey.....I would be crying at this prospect too!
Now Judge Perry must spend more of his time responding to this instead of attending to important matters. Perry has a Friday deadline to explain the reason behind his recent denial to media outlets. Funny, I could have sworn he answered all of this just a couple of days ago, laying out all of his reasons in a court room. When he answers to this (again), it will then be up to the 5th District Court of Appeals to make a decision, and I would suspect that they will decide Casey Anthony's rights to proceed with her "fair" trial, will far outweigh the media's starvation for quicker facts. When the denial comes down, reasoning will come with it as well, preventing the appeal from moving to the Supreme Court.
All Rise for a Verbal Bitch Slapping?
In my wildest dreams, I would hope to see a verbal bitch slapping come along with the 5th D.C.A's answer. One has to wonder if the media is confused about who's trial this really is. It is not their trial, it's not our trial. It's not the country's trial, or the state's trial. This is the trial of Casey Anthony. If this appeal moves forward and delays the trial, it would not surprise me to see Florida's Sunshine Laws come under severe scrutiny and re-assessment after this trial concludes. In the meantime, I think it was a stupid idea to piss off Judge Perry with this nonsense. Regardless of the appeal outcome, I can see Judge Perry now making it difficult in any and every legal possible way, for the news media to operate the way in which they has intended. Bad idea morons!
Please Discover What Is Discovery?
George and Cindy Anthony want to visit with their daughter, Casey. After 3 years, they have decided that they are ready to accept that the visits will be video taped, and recorded, even reviewed by the prosecution and the defense, but are now seeking to have those video taped and recorded visits kept out of the public eye if they become considered pertinent to the defense or prosecution. This latest request would force judge Perry into a "discover what is considered discovery" corner....not going to happen, he has too much important stuff to do already. Special treatment requests from the Anthony's are nothing new to this case. Can we really blame them however? They are in a position no other person involved in this case is in. Attempting to be there for their only daughter, while seeking justice for their grand-daughter. Struggling to tell their truth while not implicating their daughter further is what we have seen repeatedly when they are questioned both on the stand and off.
Sequester Us to Our Home, Where We Will Watch Testimony Streaming Live Please!
The Anthony's recent request to be exempt from sequestration rules was denied. Again, it is quite understandable that they would want to be in the court room supporting their only daughter while a jury of her peers decides if she will live or die. However, under no circumstances do I believe that a testifying witness should be allowed to hear other testimony before they get on the stand. I have a question though.....how does the court prevent George and Cindy Anthony from reading the daily news which will give them all the information they need before testifying? If they're not sitting in the court room, I can imagine they could be found sitting in front of a computer, watching the testimony over the internet anyway! Or do they lock these witnesses up in a hotel room with guards? Only one thing is for certain; they probably will not be watching Nancy's Disgrace. Neither will I.
Something Stinks in Prosecution Land ~ Motions Lost to Defense May be Wins
We still anxiously await Judge Melvin Perry's decision regarding the use by prosecution of their
"special" air sample, as evidence. The air sample, taken from the trunk of Casey's car in 2008, "smells like death" according to some new and excitingly weird science. As with all of the other motions brought by the defense, this one will likely be a loss for the defense too. Aside from the fact that all living cells are "always in the process of dying", just how do you capture the chemical break-down of death and analyse it. I can't wait to hear all about this. Should take a good 3 days. But fear not Mr. Baez! We've all seen those criminal trials where the prosecution brings so much "junk science" that the jury begins to tune out, take a step back, and turn from a guilty, to a "not guilty by reason of prosecution is desperate and CRAZY" stance. O.J. Simpson's prosecutors comes to mind. I could be wrong here, but history tells me that jurors aren't convinced by a lengthy drawn out explanation of bizarro new sciences, used as evidence, and if the prosecution doesn't bring some good old fashion DNA evidence to the table, I do believe they may be in trouble. This is how I think it's going to play out:
Days and days of the following testimony and explanation from prosecution experts, followed by quick defense responses:
1)There is a "death band" on the hair strand from the trunk of the car!
Defense reaction: Who's hair is it? Prosecution witness...."I don't know". "Nothing further your honor".
2)The stain in the trunk of a car shaped like a child in the fetal position. All you have to do is squint your eyes slightly, turn your heads to the left, hold your breath for 3 minutes, rock back and forth, do a cartwheel, look again, and you'll see it too!
Defense reaction: Expert witness on the human mind, and our tendency to form familiar patterns. It's called "matrixing", and if there is a defense expert on the stand holding a piece of toast with the imprint of Jesus' head, the defense will have it made. Perhaps simply asking the prosecution's expert to turn that picture upside down or sideways will be enough to make the point.
3)There is the outline of a heart shaped sticker on the duct tape that was found with the child's skull! How disturbing! Jury will be shocked and horrified, just like the rest of us. And...there were heart shaped stickers found at the Anthony home....oh no!
Defense reaction: Who put the sticker on the duct tape? Did you find the defendants DNA on it? Oh that's right, there is none.
4)Traces of chloroform found in the trunk....
Defense reaction: Well, aside from the fact that the expert testifying to this is not following any known scientific rules for measuring chloroform, one simply has to ask if the child has been swimming in the Anthony pool, and whether or not anyone knows if her bathing suit had ended up in the trunk of the car with other belongings at some point.
We could go on and on here for hours, and the prosecution undoubtedly will go on like this for days if not weeks.
I am predicting that every lost motion the defense brought to Judge Perry, will actually help their case in the end, with the exception of a few. What I am not so sure about is whether Baez will jump on the opportunity to let the prosecution ramble on, looking desperate and ultimately appearing crazy, grasping at straws. A case built on (in my opinion) almost entirely "new science" created just for this case. The glove might not quite fit when it comes down to it. There may not even be a hand to put the glove on.
In the meantime, Orange County is preparing to keep the court house, both inside and outside a safe place. They are setting up zones for protesters, and spectators outside of the courthouse in an attempt to keep things safe and civil for everyone. On the inside, 50 public spectators per day, will attempt to arrive first to obtain a day pass to the show.
While we await news on Friday regarding the media's attempts to be stupid, lets delve into some long over due areas of concern I had discovered in 2009 while listening to the police interviews with the people involved in Casey's life. In particular, I will be blogging a little later on about the police interview conducted with Casey's ex-boyfriend, Jessie. There were a few red flags raised during that interview that I have got to put down on virtual paper because they have been nagging at me for quite some time now. Stay tuned, I promise this will get quite interesting!
You have got to be kidding me! As of Wednesday, we learned that media outlets are going forward with an appeal of Judge Perry's ruling not to disclose jury information to media before May 8th, the day before jury selection is scheduled to begin. This appeal could delay Casey Anthony's trial. Media outlets have decided then that appealing Judge Perry's decision and thereby delaying the trial (and delaying the information that they are fighting for), by who knows how long, would benefit them, rather than simply waiting a few more days to obtain the information they are seeking in the first place. Someone, somewhere with half a brain (the wrong half), has decided that their right to a media feeding frenzy outweighs the defendants's right to a fair trial and timely court process. Yes Casey.....I would be crying at this prospect too!
Now Judge Perry must spend more of his time responding to this instead of attending to important matters. Perry has a Friday deadline to explain the reason behind his recent denial to media outlets. Funny, I could have sworn he answered all of this just a couple of days ago, laying out all of his reasons in a court room. When he answers to this (again), it will then be up to the 5th District Court of Appeals to make a decision, and I would suspect that they will decide Casey Anthony's rights to proceed with her "fair" trial, will far outweigh the media's starvation for quicker facts. When the denial comes down, reasoning will come with it as well, preventing the appeal from moving to the Supreme Court.
All Rise for a Verbal Bitch Slapping?
In my wildest dreams, I would hope to see a verbal bitch slapping come along with the 5th D.C.A's answer. One has to wonder if the media is confused about who's trial this really is. It is not their trial, it's not our trial. It's not the country's trial, or the state's trial. This is the trial of Casey Anthony. If this appeal moves forward and delays the trial, it would not surprise me to see Florida's Sunshine Laws come under severe scrutiny and re-assessment after this trial concludes. In the meantime, I think it was a stupid idea to piss off Judge Perry with this nonsense. Regardless of the appeal outcome, I can see Judge Perry now making it difficult in any and every legal possible way, for the news media to operate the way in which they has intended. Bad idea morons!
Please Discover What Is Discovery?
George and Cindy Anthony want to visit with their daughter, Casey. After 3 years, they have decided that they are ready to accept that the visits will be video taped, and recorded, even reviewed by the prosecution and the defense, but are now seeking to have those video taped and recorded visits kept out of the public eye if they become considered pertinent to the defense or prosecution. This latest request would force judge Perry into a "discover what is considered discovery" corner....not going to happen, he has too much important stuff to do already. Special treatment requests from the Anthony's are nothing new to this case. Can we really blame them however? They are in a position no other person involved in this case is in. Attempting to be there for their only daughter, while seeking justice for their grand-daughter. Struggling to tell their truth while not implicating their daughter further is what we have seen repeatedly when they are questioned both on the stand and off.
Sequester Us to Our Home, Where We Will Watch Testimony Streaming Live Please!
The Anthony's recent request to be exempt from sequestration rules was denied. Again, it is quite understandable that they would want to be in the court room supporting their only daughter while a jury of her peers decides if she will live or die. However, under no circumstances do I believe that a testifying witness should be allowed to hear other testimony before they get on the stand. I have a question though.....how does the court prevent George and Cindy Anthony from reading the daily news which will give them all the information they need before testifying? If they're not sitting in the court room, I can imagine they could be found sitting in front of a computer, watching the testimony over the internet anyway! Or do they lock these witnesses up in a hotel room with guards? Only one thing is for certain; they probably will not be watching Nancy's Disgrace. Neither will I.
Something Stinks in Prosecution Land ~ Motions Lost to Defense May be Wins
We still anxiously await Judge Melvin Perry's decision regarding the use by prosecution of their
"special" air sample, as evidence. The air sample, taken from the trunk of Casey's car in 2008, "smells like death" according to some new and excitingly weird science. As with all of the other motions brought by the defense, this one will likely be a loss for the defense too. Aside from the fact that all living cells are "always in the process of dying", just how do you capture the chemical break-down of death and analyse it. I can't wait to hear all about this. Should take a good 3 days. But fear not Mr. Baez! We've all seen those criminal trials where the prosecution brings so much "junk science" that the jury begins to tune out, take a step back, and turn from a guilty, to a "not guilty by reason of prosecution is desperate and CRAZY" stance. O.J. Simpson's prosecutors comes to mind. I could be wrong here, but history tells me that jurors aren't convinced by a lengthy drawn out explanation of bizarro new sciences, used as evidence, and if the prosecution doesn't bring some good old fashion DNA evidence to the table, I do believe they may be in trouble. This is how I think it's going to play out:
Days and days of the following testimony and explanation from prosecution experts, followed by quick defense responses:
1)There is a "death band" on the hair strand from the trunk of the car!
Defense reaction: Who's hair is it? Prosecution witness...."I don't know". "Nothing further your honor".
2)The stain in the trunk of a car shaped like a child in the fetal position. All you have to do is squint your eyes slightly, turn your heads to the left, hold your breath for 3 minutes, rock back and forth, do a cartwheel, look again, and you'll see it too!
Defense reaction: Expert witness on the human mind, and our tendency to form familiar patterns. It's called "matrixing", and if there is a defense expert on the stand holding a piece of toast with the imprint of Jesus' head, the defense will have it made. Perhaps simply asking the prosecution's expert to turn that picture upside down or sideways will be enough to make the point.
3)There is the outline of a heart shaped sticker on the duct tape that was found with the child's skull! How disturbing! Jury will be shocked and horrified, just like the rest of us. And...there were heart shaped stickers found at the Anthony home....oh no!
Defense reaction: Who put the sticker on the duct tape? Did you find the defendants DNA on it? Oh that's right, there is none.
4)Traces of chloroform found in the trunk....
Defense reaction: Well, aside from the fact that the expert testifying to this is not following any known scientific rules for measuring chloroform, one simply has to ask if the child has been swimming in the Anthony pool, and whether or not anyone knows if her bathing suit had ended up in the trunk of the car with other belongings at some point.
We could go on and on here for hours, and the prosecution undoubtedly will go on like this for days if not weeks.
I am predicting that every lost motion the defense brought to Judge Perry, will actually help their case in the end, with the exception of a few. What I am not so sure about is whether Baez will jump on the opportunity to let the prosecution ramble on, looking desperate and ultimately appearing crazy, grasping at straws. A case built on (in my opinion) almost entirely "new science" created just for this case. The glove might not quite fit when it comes down to it. There may not even be a hand to put the glove on.
In the meantime, Orange County is preparing to keep the court house, both inside and outside a safe place. They are setting up zones for protesters, and spectators outside of the courthouse in an attempt to keep things safe and civil for everyone. On the inside, 50 public spectators per day, will attempt to arrive first to obtain a day pass to the show.
While we await news on Friday regarding the media's attempts to be stupid, lets delve into some long over due areas of concern I had discovered in 2009 while listening to the police interviews with the people involved in Casey's life. In particular, I will be blogging a little later on about the police interview conducted with Casey's ex-boyfriend, Jessie. There were a few red flags raised during that interview that I have got to put down on virtual paper because they have been nagging at me for quite some time now. Stay tuned, I promise this will get quite interesting!
Tuesday, May 3, 2011
Casey Anthony Case "Dwarfs O.J. Simpson" in Public & Media Attention
The Monster That IS The Media
The capital murder case against Casey Marie Anthony has brought out the best and the worst of people on an international level with media attention, the likes of which the State of Florida has never seen, according to Judge Melvin Perry (Presiding Judge in the trial). During a court hearing on Monday the 2nd of May 2011, Judge Perry stated that this case both in public and media attention "Dwarfs the O.J. Simpson Trial", (Hon. Judge Melvin Perry, Orange County Courthouse).
Media As Victims
Judge Perry denied a motion on Monday against the media who are seeking to gain jury selection information as soon as possible. This motion if granted would have allowed for media outlets to gain and publish court obtained information regarding Jury selection before May 8th, 2011, one day before jury selection. Judge Perry had previously created a confidentiality agreement which would protect this information from being obtained by media through the courts and publishing it. The confidentiality agreement was intended to prevent the already extraordinary media and public biases from contaminating the potential jury by keeping inflammatory media stories and reports away from potential jurors. It is currently unknown where the jurors will come from, and Judge Perry wants to keep it that way until the afternoon before jury selection begins.
Media Motives
As Judge Perry pointed out on Monday, this information being provided to the media on the afternoon of the 8th, will allow for more than ample time an opportunity for media outlets to get their trucks and cameras ready and begin the process of covering the continuing story. Judge Perry also wondered out loud, what possible motives the media could have for needing this information in advance of the day before jury selection, and sternly reiterated the absolute need for Miss Casey Anthony, the defendant, to have a fair trial at the hands of untainted jurors, a need far outweighing any media needs or perceived rights to create for themselves, better ratings.
Loop Holes; a Tactical Judge
Judge Perry also pointed out the additional prospective cost for security being over $300,000 additionally, should a media feeding frenzy begin one week prior to jury selection. Judge Perry pointed out that his confidentiality agreement did not state that media could not obtain and publish the information they are seeking through their own independent sources, (of which they have hired plenty), but that the agreement refers only to information obtained by media through the court hearings, a very tactical loophole to point out.
Don't Like the Answer? Appeal It
While the attorney representing several media outlets argued that they have the right to see this information on any other court docket in any other case, Judge Perry appeared only further annoyed by this argument and remained steadfast in his ruling, reminding the attorney that they may appeal his decision and further delay the trial by doing so. By his own admission, Judge Perry's decision will stand unless or until a higher court finds him wrong.
Defendant Heard that She Has Rights
We saw and heard the magnitude of Judge Perry's deep concern for the defendant's right to a fair trial. It isn't certain whether it was the prospect of further delays which moved Casey Anthony to tears during this hearing, (that prospect almost brought me to tears), or if it was hearing the terms "fair trial" and "presumed innocent" as these were also mentioned a number of times during the hearing. Perhaps it was both that caused her breakdown.
Can Casey Hold it Together?
One thing is becoming apparent to me, and that is the defendant's attempts to mask her increasing anxiety and fear over her upcoming trial, which appear to be a losing battle from time to time. Even the most seemingly insignificant of rulings at this point will mean much more to Casey Anthony than to the rest of us. What is minutia to the rest of us, has a growing life of it's own in the defendants mind and rightly so. After all, she may lose her life if found guilty, and every ruling brings her closer to or further from death's door. So far most of the rulings have done the prior.
Background Information / Further Reading
The trial against Casey Anthony is set to begin with opening statements on May 17, 2011. Jury selection will be under way on May 9th 2011 and a May 4th 2011 hearing is scheduled for matters regarding Jury selection. For transcripts, legal documents, deposition hearings, time lines, court video, and all things related to Casey Anthony, you can go to anyone of these webpages for a wealth of information:
http://www.myfoxorlando.com/subindex/news/anthony_case
http://www.wesh.com/casey-anthony-extended-coverage/index.html
http://www.wftv.com/video/index.html
The capital murder case against Casey Marie Anthony has brought out the best and the worst of people on an international level with media attention, the likes of which the State of Florida has never seen, according to Judge Melvin Perry (Presiding Judge in the trial). During a court hearing on Monday the 2nd of May 2011, Judge Perry stated that this case both in public and media attention "Dwarfs the O.J. Simpson Trial", (Hon. Judge Melvin Perry, Orange County Courthouse).
Media As Victims
Judge Perry denied a motion on Monday against the media who are seeking to gain jury selection information as soon as possible. This motion if granted would have allowed for media outlets to gain and publish court obtained information regarding Jury selection before May 8th, 2011, one day before jury selection. Judge Perry had previously created a confidentiality agreement which would protect this information from being obtained by media through the courts and publishing it. The confidentiality agreement was intended to prevent the already extraordinary media and public biases from contaminating the potential jury by keeping inflammatory media stories and reports away from potential jurors. It is currently unknown where the jurors will come from, and Judge Perry wants to keep it that way until the afternoon before jury selection begins.
Media Motives
As Judge Perry pointed out on Monday, this information being provided to the media on the afternoon of the 8th, will allow for more than ample time an opportunity for media outlets to get their trucks and cameras ready and begin the process of covering the continuing story. Judge Perry also wondered out loud, what possible motives the media could have for needing this information in advance of the day before jury selection, and sternly reiterated the absolute need for Miss Casey Anthony, the defendant, to have a fair trial at the hands of untainted jurors, a need far outweighing any media needs or perceived rights to create for themselves, better ratings.
Loop Holes; a Tactical Judge
Judge Perry also pointed out the additional prospective cost for security being over $300,000 additionally, should a media feeding frenzy begin one week prior to jury selection. Judge Perry pointed out that his confidentiality agreement did not state that media could not obtain and publish the information they are seeking through their own independent sources, (of which they have hired plenty), but that the agreement refers only to information obtained by media through the court hearings, a very tactical loophole to point out.
Don't Like the Answer? Appeal It
While the attorney representing several media outlets argued that they have the right to see this information on any other court docket in any other case, Judge Perry appeared only further annoyed by this argument and remained steadfast in his ruling, reminding the attorney that they may appeal his decision and further delay the trial by doing so. By his own admission, Judge Perry's decision will stand unless or until a higher court finds him wrong.
Defendant Heard that She Has Rights
We saw and heard the magnitude of Judge Perry's deep concern for the defendant's right to a fair trial. It isn't certain whether it was the prospect of further delays which moved Casey Anthony to tears during this hearing, (that prospect almost brought me to tears), or if it was hearing the terms "fair trial" and "presumed innocent" as these were also mentioned a number of times during the hearing. Perhaps it was both that caused her breakdown.
Can Casey Hold it Together?
One thing is becoming apparent to me, and that is the defendant's attempts to mask her increasing anxiety and fear over her upcoming trial, which appear to be a losing battle from time to time. Even the most seemingly insignificant of rulings at this point will mean much more to Casey Anthony than to the rest of us. What is minutia to the rest of us, has a growing life of it's own in the defendants mind and rightly so. After all, she may lose her life if found guilty, and every ruling brings her closer to or further from death's door. So far most of the rulings have done the prior.
Background Information / Further Reading
The trial against Casey Anthony is set to begin with opening statements on May 17, 2011. Jury selection will be under way on May 9th 2011 and a May 4th 2011 hearing is scheduled for matters regarding Jury selection. For transcripts, legal documents, deposition hearings, time lines, court video, and all things related to Casey Anthony, you can go to anyone of these webpages for a wealth of information:
http://www.myfoxorlando.com/subindex/news/anthony_case
http://www.wesh.com/casey-anthony-extended-coverage/index.html
http://www.wftv.com/video/index.html
Subscribe to:
Posts (Atom)