The Land Of Casey Fables - Continuing...The Justice For Caylee Anthony Saga -

The primary interest of katfish...ponders in this case has always been Justice for Caylee. Reporting on the State of Florida's quest for justice for Caylee Marie Anthony has truly turned into a SAGA. In the past month, there has been enough fodder added to this true story ( that is playing out like a fractured fairytale) to fill  dozens of  chapters. It's not surprising this case plays out like a fairytale, given that most of what Casey Anthony says about Caylee sounds like a fable.

 

                              ~The Poor Poor Princess~

 There was an indigency hearing held on Thursday, March 18, 2010 for the court to rule on a
Defendant's Motion For Determination Of Indigency For Costs.
This motion caused a lot of concern for anyone who had been following this case, particularly the citizens of Florida. Many defendants are indigent but the background of this defendant raises special concerns. Many readers are familiar with the background of this case but it never hurts to refresh.

When Casey was first arrested on July 16, 2008 she filed an application for indigency and requested a public defender be appointed.( If you follow the link provided to the application, note Casey stated on the form that she had an income of $1,400 bi-weekly....oopsie... she scratched the income part out....for a second she must have forgot the police had discovered she had been lying about having a job for 2 years.) Casey hired Jose Baez to represent her the next day.( Or was he already waiting in the wings?) It was curious hiring a private attorney one day after being granted indigent status and assigned a public defender, even more so when her parents testified a week later during a bond hearing they had very little net worth. A curious fact but really no one's business since she wouldn't be using state money, so there the speculation about the Anthony's windfall of riches began.

After a grand jury indicted Casey for first-degree murder, in October 2008, Casey's " Knight in Shining Armor", Jose Baez, began to bring in reinforcements to defend the case. By March of 2009, Casey's "round table" included as many as eight attorneys working various aspects of the case and several world renowned experts announced they had been retained to work their "magic" on the forensic evidence that was accumulating in the case. This led the State's Attorney to file a motion dubbed "The Pauper To Princess Motion". The State's Attorneys  feared there might be a conflict of interest if Casey's defense attorney was also handling business deals for her.The state knew Casey had no tangible assets to sell to afford this type of defense and wanted assurance that  there were no book or movie deals for her story that might hinge on the outcome of this case and potentially raise appellate issues if there is a conviction. The issue was resolved in a short hearing and a session " in camera" between the Judge, the defense and the state. Judge Strickland ruled that he found no conflict of interest. The transcript from the in camera session was sealed, so speculations about the riches being bestowed upon the Anthonys continued.

That brings us to where we are now in 2010 and the hearing for the Defendant's Motion For Determination Of Indigency For Costs . There were several surprises during this hearing on March 18. The first surprise was a new attorney, Cheney Mason, had joined Casey's defense. Mason addressed the court through-out most of the hearing so I'll refer to his appearance in the hearing here but I'll discuss him more specifically  in a bit.

 When the hearing started Casey Anthony was surrounded by defense attorneys. Cheney Mason on her left, Jose Baez on her right. Linda Kenney-Baden and Andrea Lyons were bringing up the rear. At the prosecution table were Jeff Ashton, along with Linda Drane Burdick and Frank George. An attorney for the Justice Administrative Commission (JAC) participated in the hearing by telephone. (The Justice Administrative Commission is the state agency that oversees funding. The commission has opposed allocating funding for Anthony's defense, saying in court papers it has "severe concerns" about whether Casey Anthony qualifies for financial assistance, given her own financial affidavit attached to her motion that shows she has already contributed over $ 110,000 for her defense.)


Through out this hearing, Princess Casey seemed down right giddy, much like the cat that swallowed the canary. Those surrounding her at the defense table seemed giddy as well, at a minimum, there seemed to be a new found confidence. (Was this man, Cheney Mason,  their new "Knight in Shining Armor"? ) They were so confident in fact, rather than present an accounting of their costs to the court, Cheney Mason beckoned the court to just "trust him" that Casey was broke. Strickland's responded this wasn't a matter of trust, they were seeking public funds and the affidavit provided the court  is "pretty light in terms of full disclosure." Despite defense efforts to provide the disclosure "in camera" it was decided the defense attorneys would testify as to their clients access to funds and the defense expenditures to date in open court.

Mr. Mason called his "witnesses" one by one. Lead (for all intents and purposes)defense attorney Jose Baez testified Thursday that the defense received and spent about $275,000 over the past year and a half. Of that, $5,000 came from an anonymous donor, $70,000 came from a former defense attorney, Todd Macaluso, and $200,000 came from ABC through a "deal" with Anthony.( The terms of the deal were not released.) That money, he said, was spent on defense costs including travel, depositions and retention of experts."It's been quite an expensive task," he said. Baez also testified that he has spent about 2,500 hours 
on the case (adding he hadn't really kept track??), and has been paid an estimated $89,454.

Attorney Andrea Lyon testified she has received $22,500, but all of that money went back into costs associated with the case.  She also added that she has raised about $70,000 (less the $22,000) through charities and as as the Supervisor of the Death Penalty Legal Clinic has enlisted the help of her students at DePaul University College of Law, in Chicago,  IL . The students assist in legal work in exchange for grades. Lyon concluded her testimony about the funds she has handled saying, "There's not a dime" left.

A third defense attorney, Linda Kenney Baden, testified that she is working pro bono on the case. After some questions she added she had torn up a prior retainer agreement because there was no money to pay her.

Cheney Mason told the court, it wasn't as though he and the other attorneys were seeking (their normal bucket of gold)  fees, they were all doing this pro bono (for free).The defense is only seeking help with costs that include service of subpoenas, investigative costs, travel, fees charged by experts to interpret forensic evidence, expert witness fees and the cost of depositions. Mason added, the renowned expert Dr. Henry Lee has been known to work for a crate of oranges.(So that should save some money, eh?)

 Judge Strickland deferred ruling until he had an itemized accounting of money spent so far by the defense.(That's right, the defense brought no proof of expenses to court for a hearing to rule their client indigent.)  Ninth Circuit Judge Stan Strickland ruled on Friday, March 19 that he would grant the motion to declare Casey indigent. So "Princess Casey" is officially a "Pauper" once again.

There was much more to this hour long hearing. If you would like to view the video click here.
The link will take you to the first 3 clips of the video. These first 3 were taken before court started , so is mainly attorneys arriving, Casey rubbing her hands, fixing her shirt, playing with her hair, etc. that page will link you to the rest of the clips, there should be 9.
CNN 

The other surprise announcement in this hearing was the unsealing of an IN CAMERA SEALED MOTION TO DELAY DISCLOSURE that Judge Strickland has allowed the State to keep under wraps for the last month.The State learned that Casey had been communicating with a couple inmates in jail. After interviewing the inmates it was learned Casey had written over 50 letters to one of the inmates. The judge allowed the defense 15 days go over the letters and decide if they would ask the court to seal the letters. I'll tell you more about these letters and friendships in an entry I'm working on that I'll title  "Cookie and Muffin Plan A Road trip". I have more than a few thoughts about Casey's correspondence and choice of friends.

  ~ Casey's New Knight In Shining Armor Or Court Jester?~

The Casey Anthony defense has a new addition to the team, Veteran Orlando Attorney J.Cheney Mason, P. A.  
He has created quite a stir since entering his appearance at the indigency hearing on March 18.

J. Cheney Mason is considered a distinguished member of the Florida Bar Association. According to his website, Mason has been in private practice in the Orlando since 1971. His areas of practice include Criminal Defense, Marital and Family Law (Divorce Law), Entertainment Law and Trial Practice, with a strong emphasis on Marital and Family Law and Criminal Law. Mason is a Board Certified Criminal Trial lawyer certified by both The Florida Bar and the National Board of Trial Advocacy.
Mason is also a frequent guest lecturer before various Bar and Legal Associations and has published numerous legal articles and authored books.
He is currently an "AV" rated lawyer (highest possible rating) by Martindale Hubbell and is listed in the Bar Register of Preeminent Lawyers. It seems he has had an esteemed career.

It's reported that Mason’s first love is his criminal defense work.“It’s been a special thing to defend the rights of the accused and fight the government for 36 years,” he says. Criminal defense is probably also the work that generates the most attention for Mason. Cheney has tried several criminal jury trials that were televised by national and local news media. He's been linked to the defense of astronaut Lisa Nowak, and several years ago, he defended businessman Nelson Serrano in a quadruple-murder case in Polk County, FL.

My first impression was that Casey Anthony is very lucky to have an attorney of Mason's stature willing to work her case pro bono. Mason is nearing  retirement as he joins this defense team. I think it is safe to say that admirers and detractors alike look forward to Cheney Mason getting this defense team on track.

This defense team, specifically Jose Baez, has come under fire for his inexperience, less than adequate presentations in court, lack of decorum in the courtroom, and mostly for his professed hate of the media but evident love of the camera. These qualities have garnered Mr. Baez some choice nicknames that I prefer not to use but I do understand those who are inclined to do so. Let's face it, few "love" a defense attorney until they need one. I think to be fair he should be commended for building a defense team made up some very high profile lawyers and experts, a caliper of defense you might see in a case for a rich celebrity not some "Party Princess" from Orlando..

My second impression of Cheney Mason was that he is full of bluster and actually rude. In an effort to create a light-hearted moment during the indigency hearing, Judge Strickland pointed out that SA Jeff Ashton had laughed at something he said (about appointing a special master instead of divulging to the court where Casey's money had gone) Mason turned and looked at the prosecution and said, I don't care what the "ignorants" say. Ashton whispered to the others at the state table, "he's joking". There is a time and a place for everything, and a light hearted moment can go a long way in easing tensions inside the courtroom for everyone. Name calling is another matter, frankly this isn't a school playground.

In an impromptu press conference after the same hearing Mr. Mason was asked why he took on this case. His response to one who asked that question was something like," this (defending a death penalty case) is the greatest honor a defense attorney can achieve". That seems a noble response. But when Mason said he took this case on because he thinks it will be "fun" adding he expects to one day walk out of court with Casey Anthony on his arm I thought WTH?
There has been discussion out in blogosphere that this having "fun"comment shouldn't be offensive because everyone should enjoy their work. I agree that it would be sad for someone to spend almost 40 years doing work that they didn't enjoy, and frankly don't think I would want someone to represent me who didn't enjoy what they do. Beyond that I found the remark offensive and inappropriate. This is about a precious child who is dead and a young woman who has spent the last 2 years in jail and it's possible she will spend the rest of her life in jail, if she doesn't end up with the same fate a another 'high profile" client you represented. Mr. Mason, did you have "fun" representing Nelson Serrano? If so, I'm sure he is very appreciative of that from death row.

J. Cheney Mason is often invited by the news media to provide expert commentary on legal issues involving family law and criminal law. Here are a few quotes from one of those commentaries from Mr. Mason about the Casey Anthony case before Caylee's body had been found or Cheney was a member of this defense team :

Defense attorney Cheney Mason said claims made by Casey Anthony and Baez that Caylee was alive will now work against them at trial

“Then all the talking, all the press interviews and the parents going on this show and that show and the lawyer going on different shows establishes they have no credibility whatsoever,” Mason said.

“You can pretty well predict there’s going to be a life sentence, either a plea and get it over with or have a circus trial and then be convicted and get life,” Mason said

These quotes are excerpts from an  November 2008 article by Local 6 News reporter Tony Pipitone as he continued his investigation into the Casey Anthony murder case, discussing its merits with former prosecutor, Elizabeth Rahter, and  prominent defense attorney J. Cheney Mason.

Casey and the rest of the defense may see Cheney Mason as a "Knight In Shining Armor", but after his remarks and the attitude he displayed in his first appearance in this case, katfish is left to ponder......his performance thus far puts me more in mind of a joker, or more appropriately a "Court Jester".

Check back for the continuing Saga of the Quest for Justice for Caylee......        

WKMG
MyFoxOrlando

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Will 2010 Be the Year Of Reality Checks For Casey Anthony And Her Family?

It has been a while since Katfishponders posted anything related to Caylee Marie Anthony, her mother Casey, or grandparents George and Cindy. It’s not that I haven’t been following the case, it’s just there hasn’t been anything “new” in the many discovery documents released since last June that have motivated me to write beyond commenting at other blogs and forums.

There were a lot of motions filed and hearings held in the fraud and murder trials, but honestly there are other bloggers “better equipped” to break-down the legal issues. My “go to” people are Ritanita at “Trials and Tribulations” and Dave Knechel at “Marinade Dave’s“. If you aren’t familiar with them, I recommend you check them out. They both offer informative, factual and often witty interpretations of the legal issues in a way that anyone can understand…..BUT DON'T GO YET…..I have a few thoughts I would like to share about recent events in the lives of the Anthony clan.

Before I get to my thoughts about recent events, I want to clarify my feelings about this case. If you don’t agree with me, that’s fine. I’m not trying to convince anyone of anything. If you have read my earlier posts about Caylee’s life and death, and the people she loved, you know that I think the evidence released in the discovery combined with her actions indicates that Casey is responsible for Caylee’s death. I don’t think anyone but Casey is responsible for what happened to Caylee; however, I do think her family bears some responsibility for the media mess this case has become. Here is why I feel this way…

When the story broke that Caylee was missing it didn’t take long to realize Cindy is a forceful personality….the “Queen of her Castle” so to speak and Casey was the “Princess of Anthonyland“. As the details ( i.e. Casey fables) came out about the circumstances surrounding Caylee’s disappearance, it became apparent that the fairytale world that Casey had concocted was a grim tale.

Despite Cindy’s efforts to portray Casey as a “fair maiden” whose daughter had been stolen by the “evil nanny”, the reality was that Casey was an accomplished liar, a thief and Caylee was most likely dead. George and Cindy “seemed” to refuse to accept reality until Caylee’s skeletal remains were discovered December 11, 2008, six months after she disappeared. The toddler’s remains were bagged and partially buried in a swampy, vacant lot near Anthonyland. When the State announced they were seeking the death penalty for Casey, the Anthony’s went into “battle mode“ and in my opinion, just made things worse. Thankfully, they have quieted down a bit for the most part.

Never fear….Casey’s “knight in shining armor“, Jose Baez, and the rest of the princess’s “army of minions” have taken over the spinning of the tale, and spin they have, in an effort to cast blame on anyone but Casey. I won’t even go into that, they are doing whatever they can to create doubt for their client…the problem they seem to have is one word, “reasonable” that needs to fit in front of doubt.

In recent months reality “seems” to be breaking through the various chapters of this fractured fairytale….notice I emphasize “seems”….I’ll get to that. A few of the reality break-throughs so far this year are: Casey is now a convicted felon. George and Cindy are possibly going to lose the whole damn castle. Casey is reportedly out of money for her defense with the clock ticking as a date has finally been set for the murder trial and the judge has set deadlines for witness lists, depositions, etc.

Reality Check #1- Casey is now a convicted felon.
On January 25, 2010, Casey Anthony pleaded guilty to check fraud and sentenced to time served. Anthony has been held without bond since she was indicted for first degree murder in October 2008. The guilty plea means Anthony now has six felony convictions on her record.
Anthony admitted stealing a checkbook from a friend, Amy Huizenga, and writing four checks worth nearly $650. She wiped tears from her eyes as she spoke briefly in court.
"I just wanted to let everyone know that I'm sorry for what I did," she said. "I take complete and full responsibility for my actions, and I'd like to apologize to Amy. I wish I'd been a better friend.

In my opinion, the most notable thing about this hearing is that Casey actually broke down and cried after she spoke in court. (See picture) Now we know what Casey looks like when she is truly crying, versus what we have seen before where she tries to squeeze out tears but ends up hiding behind her hair, dabbing her eyes. The question is…..was she crying because she is now a convicted felon….or was it because she felt bad that she had stolen from her friend Amy? I really don’t know, but things are never what they seem with this family.....the thought that occurred to me when I saw her crying, is she crying because this the first time she has ever REALLY been held accountable for her actions?
CNN

Reality Check#2- George and Cindy are possibly going to lose the whole damn castle.

George and Cindy Anthony said they did not know that Bank of America had
Filed Foreclosure papers on their home until WKMG Local 6 News reporter Mike DeForest brought it to their attention on February 22 .

The Anthonys have owned the Hopespring Drive property since 1989, but four years ago they refinanced their home for $121,000. According to the filing, they still owe nearly all of that money. Bank of America said that since June 2009, the Anthonys have failed to make their $785 monthly payments.

The Anthonys' attorney, Brad Conway, said his clients' granddaughter's death contributed to them losing the house. Conway attributed the couple's latest financial problems to the notoriety of the case and the emotional toll caused by their granddaughter's slaying.
Cindy had to leave her job because of stress-related medical problems and has been on disability for more than a year. George -- like many others in this economy -- is having difficulty finding work, said Conway, who added that George Anthony has an added difficulty because he is instantly recognized and rejected by most employers either because of who he is or because companies fear he may bring unwanted media attention.

Many had speculated that the Anthonys were profiting off book and movie deals, but Conway said this foreclosure proves that never occurred.

My first thought when hearing about this is how awful for the Anthonys. I do feel bad for them to lose their home after everything they have been through since June 2008. But I remind myself that things are not always what they “seem” with the Anthonys.

On October 17, 2009, while Cindy and George Anthony set sail with son Lee and his girlfriend Mallory for a 4-day Bahamian cruise on the Monarch of the Seas, CBS aired a 48 Hours Mystery episode featuring The Anthonys and some of the defense and others involved in the case.
That came after George told prosecutors under oath that no one will hire them and, just to make ends meet, they had to accept a few thousand dollars from the CBS network for the exclusive interview. Cindy told prosecutors it was more like $20,000. Brad Conway, told Eyewitness News that the Anthonys deserved the short break and that it's not newsworthy. At the time I agreed with Conway…they have been through hell.

Looking back now, I don’t imagine Bank of America was very thrilled with the idea of this cruise when they hadn’t received a mortgage payment for 5 months.

On Friday, March 12, it was reported by WKMG that George and Cindy Anthony have hired real estate attorney Mark Lippman to assist them in saving their home from foreclosure. The couple claims Bank of America failed to notify them of their delinquency as required by federal regulation.

OMG! Reality check! If you don’t pay your mortgage for 9 months the bank has every right to foreclose your home. A few questions come to mind….how is it that WKMG Local 6 knew on Monday, February 22 that the bank was foreclosing, the same day the foreclosure papers were filed? I suppose that can be explained because the foreclosure was filed with the Circuit Court so is part of the public record. The other question is why does WKMG know that the Anthonys hired Mark Lippman? That is not public record, so they had to be notified by someone….but why? Are the Anthonys living in a fairytale world where the king and queen are entitled to priviledges the rest of us aren't....or is it something else?
WFTV
WKMG

Reality Check # 3- Casey is out of money for her defense.

How Casey Anthony can afford to pay for her defense has long been a topic of debate. She had no assets when she was arrested on check-fraud charges in 2008, before Jose Baez joined the case. Despite this lack of funds her defense grew to include several nationally recognized expert witnesses and attorneys Linda Kenney-Baden and death penalty expert Andrea Lyons, none of whom live in Florida.

Prosecutors have speculated Anthony's "seeming conversion from pauper to princess" could be based on the sale of her photos and videos to media companies. TV networks often pay "licensing fees" for videos and photos. Baez has refused to say how Anthony is paying her attorneys. In March of 2009, there was a hearing based on a motion filed by the state before Judge Stan Strickland concerning the funding of Casey Anthony's defense. The State was concerned about possible conflict of interest between attorney Jose Baez and business deals relating to Casey Anthony's then-current riches. After an in-camera meeting with the defense, Judge Strickland stated he was satisfied with the defense's explanation and the motion went no further.

On March 8, 2010, Casey's defense filed a Defendant's Motion For Determination Of Indigency For Costs. The motion included an affidavit from the defendant indicating fees of $89,454.83 and $22,500 have been paid or will be paid to defense attorneys Jose Baez and Andrea Lyon, respectively. Baez and Lyon are not seeking public funds for attorney fees, and their motion stated that Lyon, is working pro bono. No mention was made of Linda Kenney-Baden in the motion. When Anthony filled out her affidavit, she said the fees paid or to be paid to the attorneys were or are being paid by herself.

Based on the information provided in the affidavit, the Orange County Clerk of Courts found Anthony indigent on March 9. In Florida, judges have to give approval for the various costs when defendants are found indigent. There will be a hearing before Judge Stan Strickland on March 18 on the motion for costs / “pauper to princess and back to pauper” motion?

The bottom line is if the state pays for costs the defense must make full disclosure of the sources of the money paid to date for the defense and anything paid will be at a pre-determined fee.

Orlando sentinel.com

Reality Check #4- The clock ticking as a date has finally been set for the murder trial and the judge has set deadlines for discovery, witness lists, depositions, etc...

This reality check may be as much a reality check for the attorneys as it is for the princess. On March 8 there was a hearing that set May 9, 2011 as the date this case will go to trial. While that may seem a long way off to us, the attorney’s from both sides will be very busy. Judge Strickland also set up a schedule of deadlines to ensure this trial stays on track, you can see his order here.

In a case that things are not always what they seem, things are a changing and the reality is those involved should be more accountable from here on out.

The saddest part of this story is no matter how things work out in the end there will be no "happy ending" because beautiful little Caylee is gone forever.....

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