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Showing posts with label Judge Stan Strickland. Show all posts
Showing posts with label Judge Stan Strickland. Show all posts

Sunday, January 9, 2011

A Visit to Orlando For A Hearing In The Casey Anthony Murder Case

I was fortunate to be able to spend 10 days in Tampa (Brandon), FL with family over the Christmas holiday. It was a fantastic trip....a lot of wonderful family memories were made :) However, one memory is not of time spent with my family, but a little side trip I made to Orlando, on December 20, to attend a hearing in the Casey Anthony case. Although the experience was interesting for me, the hearing ended up being pretty short and uneventful, so I decided not to take more time from my family to write about it.

Casey Anthony is charged with first-degree murder in the 2008 death of her 2-year-old daughter, Caylee Marie. She has pleaded not guilty, claiming a babysitter kidnapped her toddler. Caylee was last seen in June of 2008, but she was not reported missing until a month later. Her remains were found in woods near the family's home in December 2008.

Now that we've been home a few weeks and I'm caught up on some other cases I've been following, it seems like a good time to share my Orlando experience. Before leaving IL, I had printed up directions on Mapquest with directions from my nieces home to the Orange County courthouse in Orlando. The route was a pretty direct shot, but I'd be remiss if I didn't give kudos to Mapquest for their helpful directions... for example step #10. Take the 2nd LEFT onto E LIVINGSTON ST. If you are on N ORANGE AVE and reach E ROBINSON ST you've gone about 0.1 miles too far. (When you've never been to a location before, those extra details really help and Mapquest offers them through-out :)

Even though I drove between 70-80 mph (keeping up with traffic....honestly) most of way, the 90 mile trip took about 1 1/2 hours. Once I completed step 10 on my directions I noticed a sign that said "Juror Parking" leading into a parking garage, I took the turn and found a spot to park.

Orange County Courthouse complex  Orlando, FL
Coming out of the parking garage(building on left in picture) on ground level, I notice the courthouse is right in front of me (it's huge). I follow signs directing to the main entrance, right before entering, I pass Jose Baez heading in the other direction. I assume the attorneys have a different access but make a mental note that Baez has that "Dennis the Menace" type smile on his face that many (including me) have referred to as a "smirk".....seems that's his regular look. LOL, I bet he was an ornery kid.

I head on into the courthouse through the main entrance and see a long line of people going through security. Before taking my place in line, I ask at the information desk, "Where is Judge Belvin Perry's courtroom?" Without even looking up, the employee tells me, "Up on 23".  It took just a few minutes to go through the security line and then I head for the far bank of elevators that will go up to 23. Once on the 23rd floor I see Judge Perry's chamber on one side and the courtroom is on the other side of a waiting area. There are several people sitting and standing around. No one looks familiar until I notice the back of Dave Knechel (aka Marinade Dave) speaking to someone behind a pillar. I stand back until I have a chance to catch Dave's eye so that I can introduce myself to him. I then notice the person Dave was speaking with is Casey's attorney for the penalty phase, Ann Finnell. She appears to be looking for something in her briefcase so I'm not really interrupting. Right after we shook hands, a man with a walker called Dave over to him and introduced himself and his wife to Dave. Evidently a fan of Dave's blog. That's nice :).

There were a dozen or so people standing and sitting around the waiting area when Jose Baez got off the elevator and says hello to Ann Finnell and Dave. Baez says the hearing is down on the 19th floor and heads back to the elevator, everyone in the waiting area follows him. Dave and I end up on the same elevator as Ann Finnell and Jose Baez, there were others but I can't tell you who because no one is familiar. From the conversation, I learned one was local media and another was Cindy Anthony's current attorney, Mark Lippman. I don't remember who said it ( probably JB ) but there was work being done on Judge Perry's courtroom so the hearing will be held downstairs. Dave told me the courtroom on 19 is the smaller courtroom where Judge Strickland presided over the hearings in this case before he recused himself. (I guess I should have asked the information guy where Casey Anthony's hearing was instead of Judge Perry's court. Oh well, it was an interesting ride down.)

When we get off the elevator, Jose Baez, Ann Finnell and Mark Lippman  head on into the courtroom.
Evidently the rest of us have to wait :(  Moments later Cindy Anthony appears, peaks into the courtroom and is allowed in. Cindy is alone today. I wonder to myself if Cindy isn't single these days....pure speculation of course.....but the way she is dressed seems to be trying to lean towards a " younger, sexy ? " look and she may just be trying to hook up with a biker dude.. She is wearing gray jeans that are "muffin top tight". The legs of her jeans are tucked into boots that have buttons or buckles on the side. I remember them as a charcoal color with a felt or knit shaft, but have heard them referred to as black leather.(I could be wrong) She also has on a gray sweater with an black and purple argyle print on the front  and a purple knit shirt underneath. It seems she has toned down the jewelry a bit, but just an FYI from one 50ish gal to another....too tight boot cut jeans do not take the place of the current trend to wear skinny jeans tucked in boots and matchy matchy gives our age away every time.he..he... I don't want to seem too harsh on Cindy because I doubt she has money to keep up with the clothing trends, just saying.... If ya can't do it right......

I'm pretty sure I'm not alone to speculate that Cindy's attempt at a "tight younger look" and George's repeated absence from court  may be an indicator of trouble in Anthonyland. I noticed after the hearing that George Anthony authorized Lippman Law Offices, P.A. to issue a media statement on December 17, 2010  rebutting statements George's "alleged" girlfriend, Krystal Holloway (aka River Kruz) made to the Sheriff department, in a February 2010 interview. The interview was released as a  2 part audio as part of a document dump on December 17. Who knows?  The state of the Anthony's marriage really isn't relevant to the criminal case...personally, given what we know about their "history" I  would have dumped him long ago.

When we (the public) are allowed into the courtroom Casey has already been brought in. The prosecution side (on the right) is pretty empty but behind the defense in the front row is Kathy Belich from WFTV, at the end of her row is a huge television camera. There are people from various media working with electronics in each row on that side as well. In the second row behind KB is Cindy and her attorney. There was another couple behind them......until they moved over to my row.....later I read the couple came down from NY for the hearing and she is a regular over at The Hinky Meter. I'm disappointed I didn't know who they were. (Waving at Kathy now!)

There is a tall bald man (accompanied by a short blond woman), that Dave had spoke with earlier out in the hall, sitting in the second row behind the state. I assume he is with the media because he got into the courtroom ahead of us. Later I learn he is Jim Lichtenstein, a producer from NBC for the Today show. I've had heard this guy usually sits with Cindy Anthony in the courtroom, but not today. Dave K. took the aisle seat in the third row behind them. I take a seat in the back row (after checking to make sure I have a good view of Casey if she turns to the side).


December 10
For the most part, I can only see Casey Anthony from behind, but I noticed at the hearing a week or so ago, Dec 10, that Casey seems to have lost the weight she gained during her first year or so in jail. Wonder if this is a factor in her weight loss? (I came across that article looking for a photo online of the courthouse. ew!) I've never followed much on Casey's commissary purchases, beyond her own account in her letters to Robyn Adams, but it seems she has options beyond the meals served to prisoners at the jail, so the weight loss must be intentional.
December 20


Right away, I notice Casey has on the same shirt she wore at the last hearing, a long sleeve blue and white pinstripe oxford with ruffles along the buttons. Honestly, it looks like she has been sleeping in it for the past 10 days. Today Casey has a multi-level ponytail that looks thrown together. Did she even plan on attending court today? Within minutes the gallery is filled behind the state and the hearing is ready to get under way. Judge Perry calls the case at 1:31 p.m. Jeff Ashton is the only representative for the state today (He looks very tired). . The attorney for the Orlando Sentinel, Rachel Fugate is sitting in the well behind the state's table.

This hearing was scheduled to hear a motion filed by Ann Finnell on November 23, seeking to seal the defense witness list for the penalty phase from public and media view. The motion couldn't be heard on the 10th because the media hadn't been noticed in the original motion.(oops Annie, don't let Jose rub off on ya) Judge Perry agreed to put a temporary seal on the list until the media had an opportunity to respond on sealing any part of the record.....and that brings us to today.

This is a video of the hearing:



Since I included the video of the hearing and it has already been heavily covered, I won't go through a play by play of the hearing but rather just provide a summary and some highlights.

Ann Finnell gave a 10 minute presentation to the court of her "MOTION TO SEAL PENALTY PHASE DISCOVERY RESPONSE" . Basically the defense stance is that with the excessive publicity making these witness' names public would impede Ms. Anthony's right to a fair trial and furthermore would result in a chilling effect with some witnesses being unwilling to come forward with information for fear of harassment and stalking. When Ms. Finnell  was finished Judge Perry asked if there was a response from the state. Assistant State Attorney Jeff Ashton said no.(The state already has access to the witness list so they have no stance on the sealing of the penalty phase witness list)

Rachel Fugate came to the podium to argue the Orlando Sentinel's motion to intervene. Fugate argued that there should not be a blanket seal, but that the defense should argue to have certain witness's information sealed on a case-by-case basis adding the burden to prove a predjudice exists is the defense burden, not the court's.

Oops...no talking out of turn Jose
 Just One and a half  minutes into Ms. Fugate's argument, Jose Baez rose from his seat to object to the still photographer zooming in on notes his client was writing. (20.33 on the video above). Immediately Judge Perry stopped Baez and reminded him court procedures 101....by pointing out that only one lawyer has the floor....and it wasn't him.! Ann Finnell quickly stood and objected. “Well,” the judge added, “unfortunately, the objection will be noted and overruled.” Ms. Fugate not only picked up her argument where she left off, she also made statements in defense of the court photographer who is a seasoned pro and challenged the defense to find an example where something like that has been published. Judge Perry gave Ann Finnell the opportunity to rebut Ms. Fugate's argument, particularly the part of her argument that the claims the defense motion is too broad.

After Ms. Finnell's short rebuttal, Judge Perry says he will reserve ruling on the motion to seal penalty phase witnesses, adding the list will remain temporarily sealed until his ruling is made .

Perry also reminded defense attorney Jose Baez that he has until Thursday (December 23) to file a motion to pursue meter reader Roy Kronk as a possible suspect in Caylee's death. Kronk found Caylee's body in a wooded area on Suburban Drive near the Anthony home. Perry said he assumed Baez had given up on that defense strategy, but Baez said he misunderstood his deadline and thought he has until December 31 to file.  Judge Perry makes it clear that deadline was for motions to be heard not filed.

Jose Baez was on his feet again about an issue regarding a previous sidebar ruling. Perry called the attorneys up for a short sidebar. I'm not certain, but I think the sidebar had something to do with Dr. Henry Lee. The judge told Baez to supply him with some info he needs re Dr. Lee and the hearing was over.....all 26 minutes of it. :)

I almost forgot to mention....the guy sitting next to me had a small camera/video recorder in his hand throughout the hearing. Several times I thought he was going to sneak a picture of Casey, when the defense went to the stand for the sidebar he made his move. I don't know if he got the shot, but a bailiff came over and told him to knock it off.

I rode down in the elevator and walked out in front of the courthouse with Dave Knechel. I met Dave for the first time in person today, but as a long time reader of his blog, I feel like I have known him for a long time so I felt comfortable enough to give him a big ole hug before I left the courthouse. Just for the record, Dave doesn't smell like dirty laundry, but very much like Polo cologne.Nice! LOL

On January 7, 2011 Judge Perry issued a ruling that denied the defense motion to seal that was argued on December 20th. The order states that arguments made by Casey Anthony's attorneys fell short of the standards required to seal the list of witnesses who will be called if Casey is convicted and there is a sentencing phase.I couldn't find the order itself but here is the article that appeared in the Orlando Sentinel.

This case is expected to go to trial on May 9, 2011. If convicted of 1st degree murder of her daughter Caylee, Casey Anthony may face the death penalty.
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Thursday, April 29, 2010

Jailhouse Connections And Investigations - Continuing.... The Justice For Caylee Anthony Saga -

Casey Marie Anthony  is a 24 year old Orlando, FL woman who has been held without bond at the Orange County Florida Jail since October 14, 2008 when an Orange County Grand Jury handed down a seven count Bill of Indictment . The charges brought in the indictment against Anthony  in relation to the Death Investigation of her 2 year old daughter, Caylee Marie Anthony  are as follows :
CMA #08049710
  
1 count - First-Degree murder

1 count - Aggravated Manslaughter of a Child

1 count - Aggravated Child abuse

4 counts- Providing False Information to a Law Enforcement Officer

The first degree murder charge is a capital offense and the possible penalty is Life In Prison Without Parole (LWOP) or the Death Penalty.

Casey Anthony is housed in what the Orange County Florida jail calls Level 1 protective-custody in Dorm L. When Casey was arrested for the murder of her daughter Caylee, the Orange County Sheriffs Office (OCSO) decided that she needed additional protection above and beyond what other prisoners that are housed there require. Most prisoners in a high profile case are held in protective custody, but  no doubt the public's hostility towards Casey Anthony after learning most everything she told law enforcement about Caylee's disappearance was a  lie and that she didn't report her daughter missing for a month  factored into her Level 1 Protective Custody status.

We have been told when it comes to protective custody, few people are guarded as closely as Casey Anthony. She resides in her jail cell for most of the day and is not allowed contact with any other prisoners. She is also not allowed to watch TV in her cell, but she is allowed one small transistor radio, which she bought at the jail commissary. The short time each day prisoners in protective custody are allowed out of their cell  is to shower, get books, make phone calls, or watch TV in a "community" day room  for individual use by those in protective custody (other than visits with their lawyer or court hearings). There is also scheduled visitation time (once or twice a week?) but Casey refuses all visitors.


While no contact with other prisoners is an important part of protective custody, in all of the cases I have followed ( not just in the OCJ ), prisoners find a way to break the rules and communicate. Let's face it, all they have is time to try and figure ways around the rules. This case is no exception.

During a pretrial hearing on March 18, 2010, Ninth Judicial Circuit Judge Stan Strickland unsealed an
  IN CAMERA SEALED MOTION TO DELAY DISCLOSURE   that he has allowed the State to keep under wraps for the previous month while they conducted an investigation.Judge Strickland unsealed the motion because he said that the investigation into this information has almost concluded.

The State's motion (link provided above) advised the court that the State had been informed the defendant, Casey Anthony has made a few friendships while in jail and had written and passed 50 letters to one of the inmates against jail rules, possibly with a guard's help. The State's Attorney Office (SAO) said the letters are not a confession, but appear to contain relevant statements of the Defendant. The motion also advised that based upon the past history of this case and in anticipation of accusations of misconduct by the Orange County Sheriff’s Office, the State Attorney requested that the Florida Department of Law Enforcement (F.D.L.E.) take over the investigation of the communications between the Defendant and these witnesses.

Under the FL Sunshine Law, once the state turns over discovery to the defense, the discovery becomes public documents, unless ordered sealed by the judge ( for example: the video in the jail medical clinic of Casey's reaction to Caylee's remains being found has been withheld ). Judge Strickland gave the defense 15 days to look over the letters and decide if they would seek to have them remain under seal.
Anthony's defense chose not to fight the release of the documents. I'll discuss what's in the jailhouse letters and my thoughts on the contents of the letters in my next post that will be titled "Muffin and Cookie Plan A Road Trip".

In the rest of this post I'd like to give you a better understanding of the physical layout of Dorm L where Casey has been bunking for most of the last two years.  I did some research so that I can give you a more complete introduction to Casey's jailhouse friends and also got some of the legal documents involved in Robyn Adams case which I have linked in this post  It also seems important we cover some of the background of the F.D.L.E.'s investigation.  Most of the information about the investigation can be found in the OCSO Supplemental Report to Jailhouse Letter


~The Investigation~

A Florida Department of Law Enforcement investigation found that Casey Anthony, Maya Derkovic and Robyn Adams became friends while they were in protective custody in the female detention center, Dorm L, which is where jail guard Silva Hernandez workedHere is a copy of the floor plan for Dorm L :

Orange County Jail, Woman's Detention Center, Dorm L
The dorm consists of a control center at one end of the dorm and facing the communal day room that resembles a classroom. The inmates cells are lined around the day room and consist of two levels. Inmates that are in close proximity to each other are able to communicate through the ventilation system. Robyn Adams explained it is possible for communication through the vents between any of the cells but the further away you are the louder you had to speak, so she and Casey didn't communicate "via the vents ".

 Casey Anthony was originally arrested and placed in protective custody on July 17, when she was arrested for lying to law enforcement  in the days after Caylee was reported missing. Adams was arrested on July 21 and placed into protective custody because her husband was a police officer.( I'll tell you more of the details of Adam's arrest in a bit.) Anthony remained in jail for about a month until California bounty hunter, Leonard Padilla assisted in getting her released on August 20, 2008. This is the first time when Adams and Anthony were in Dorm L together, but didn't form a relationship beyond a wave. ( For the sake of being thorough I should tell you
Anthony was arrested again, this time on economics charges on August 29 and bonded out on September 5. Anthony was arrested for more economic charges September 15 but was out the next day.) Adams wouldn't see Anthony again until she was arrested on October 14. During the time Anthony was out, Adams decided to agree to a plea deal in her case on September 25, 2008. Adams was sentenced in January 2009 and moved to a federal prison in August of 2009. Maya Derkovic was housed in the Orange County Jail with Casey Anthony during the latter parts of 2008 to the beginning of 2009.

   ~ Friends Made In Jail, May Turn Out To Be "Friends From Hell"~

Maya Derkovic mugshot
Maya Derkovic, then 18, was originally arrested on January 28, 2007 for armed carjacking. Derkovic identified herself as a full member of the 3rd World Rolling Sixties gang (a spin off of the West Coast Crips ) within minutes of her arrest.You can read more here about her arrest for the armed carjacking and how she came to be involved in and charged for the death of a 15 year old girl, who Derkovic admitted she choked
while two fellow gang members held the victim's arms in an act of crude gang justice.. "Maya is a pretty established member of this group and has been for long time," said sheriff's homicide Detective Brian Cross of the lanky, 6-feet-2 teenager with a "Daddy P" tattoo on her neck, a souvenir of her time as a prostitute in Miami. Derkovic first joined a street gang several years ago when her family lived in South Florida. Born in Bosnia, she went by the nickname "Luda," which means "Crazy" in her native language,
Derkovic's mother, who did not want to be named to protect her younger children's identity, has visited the jail regularly since her daughter's arrest. After years of trying to control her daughter's misbehavior, she said her daughter must accept responsibility for her actions, whatever they were and whatever punishment faces her. " Taking somebody's life is something I cannot imagine any child of mine doing. I can't imagine what that other girl's mother is feeling," she said. "For my child it is too late. If she did it, she's going to have to deal with herself. Someone else may learn from what happens to her."  (Hmmmmm, no comment!)
Derkovic, 21, is serving a 30-year sentence at Lowell Correctional Institution in Ocala, FL for murdering 15 year old  Jackie "Angel" Curtis three years ago.

Robyn Adams mugshot
Robyn Adams and her husband Clay were arrested on federal drug and gun trafficking charges on July 22, 2008.Clay Adams lived two lives: one as an Altamonte Springs cop of nine years, the other as a painkiller-addicted, marijuana grow-house operator who was scheming to kill a former supervisor.

That's how authorities described it when Adams, 36, and his wife, Robyn, 32, were hauled into federal court in Orlando on drug and weapons charges. Assistant U.S. Attorney Rob Bodnar sought to have the couple  (who could face up to life in prison if convicted on all charges) held without bond, noting both made threats to a police informant and others.

The 35-page Criminal Complaint describes in detail how investigators say the Adams' stockpiled weapons, sold drugs and gave sensitive police secrets to criminals.

According to the complaint,  Robyn Adams used her position at an orthopedic surgeon's office to get Oxycontin which was then sold across the state. The complaint also detailed how Adams approached an informant to partner in a marijuana-growing operation. That person tipped off City-County Investigative Bureau (CCIB) agents, who brought the Florida Department of Law Enforcement and ATF into the case. After the informant rented a home for the operation, Adams and his wife set up hydroponic equipment in the residence and provided marijuana seeds.Adams provided the informant with drivers-license photos, undercover aliases and real names of drug agents and CCIB officers, along with the descriptions of their vehicles. Adams also supplied weapons and prescription drugs to the informant, a convicted felon.
Gunning wrote, Adams told the informant that he joined CCIB earlier this year to learn investigative methods on how to detect marijuana-growing operations.

When Clay Adams was  removed from a position on an undercover unit, investigators say he snapped. Adams advised [the informant] that he will let the issue cool off for a couple of months and then 'take [the supervisor] out' when he least expects it, utilizing a .308-caliber rifle equipped with a silencer," Gunning wrote.
Both husband and wife confessed and entered into plea agreements.He pleaded guilty to five federal charges, including conspiring with his wife to grow 2,200 pounds of marijuana. Robyn Adams pleaded guilty to two charges: conspiracy and a weapons count. The pair were sentenced on January 9, 2009. She is now serving an eight year sentence at a Federal prison in Tallahassee, FL and will be on supervised release for ten years after. Clay Adams was sentenced to seventeen 1/2 years and is serving his time in a Texas federal prison.

 More Of The Investigation~

It was Derkovic who first approached law enforcement about her and Adam's contact with Casey Anthony.
In Derkovic's sworn statement, she told authorities she and Anthony would talk through the ventilation system. (I haven't been able to determine exactly which cell Derkovic was in from the floor plan, but her cell was on the same side as Anthony.) I won't go too far into Derkovic's claims about those vent talks in this post, mainly because I'm not sure I believe her and really want to devote more space to Adams and Anthony, and just how their relationship developed.


Adams told the F.D.L.E. investigator her cell (#19) was across from Anthony (#12) and they would smile,  wave and give hand signals through the window on their cell doors, or when one was out in the day room. She said it was just a way of offering support to each other. They would signal if they were ok or not, that they were praying for each other, that sort of thing was the extent of their communication at the time. Adams said that she felt Anthony came to trust her because she smiled and didn't yell taunts at Casey like the other inmates did.

Shortly after they began their communication, Adams was moved to another cell (#27) on the same side of the dorm as Casey but on the upper level. Shortly after the move, Anthony signaled to Adams (from the day room) that she would leave her a note in a green hardback book called, " Do Away With August", from then on they used that book to pass notes (same type of stuff as they had communicated by hand signals before) and eventually the letters.
.

When asked by the investigators to elaborate on how her communication with Casey evolved into talking to each other, Robyn Adams explained that the even number cells took their turns coming out for showers, day room / TV time, etc. during the day and the odd numbers were let out night. She said after a while she started helping the guards out a bit, cleaning showers, fold laundry, whatever and as much as the guards would allow her to do. When Adams was folding laundry in the day room they were able to " kinda lip talk" and hand signal as they had before, but in closer proximity.

Adams says she started asking "Shannon", (this was the name she and Casey assigned Sylvia Hernandez because her uniform said," S. Hernandez" ) " Hey, can I go give her a book? Can I, can I just go over there you know talk to her through the glass?" Adams said after a while this just became a routine when "Shannon" was working. I would say, "Hey, I can't hear her, can I just go see what she's saying? Can I go closer, that type of thing."

Adams said it never got to the point that she just took it for granted she could approach Casey's cell, and "Shannon" did not receive any type of compensation for allowing the communication between the two. There was no gain in it for her, she just treated us as "people". People in confinement for a long period of time who needed human interaction. When asked point blank if there was any type of sexual relationship between any of the three (Anthony, Adams, Hernandez) Adams replied, "I strongly believe it was strictly that she just felt bad. She felt bad. There was nothing for her to gain from it except for being human and having someone to talk to." ( I guess that means no sex. LOL)

Next the investigators asked Adams how frequently she and Anthony were allowed to spend time together, how long were they allowed to talk, and were there times you were allowed in the same cell together? Adams told them the contact with Anthony took place after the other inmates were done showering and placed in "lock". The contact took place every night that Hernandez was on shift (4-5 nights a week) and they were allowed to talk anywhere from a few minutes to hours. Their contact ranged from speaking through the bean hole (food tray slot) in the cell door to spending time in the same cell. (Hernandez allowed Adams to cut Casey's hair on one occasion. WTF?)

On March 9, 2010 F.D.L.E. conducted an interview of Sylvia Hernandez about the communication between Casey Anthony and Robyn Adams. This interview was independent of any investigation being conducted by OCSO. Hernandez told investigators she hired on with Orange County Corrections in January of 2008 and worked the "B" two shift (6pm-6am) with the standard law enforcement rotation of 3 days on 2 days off in the Female Detention Center (FDC) Lima Dorm (Dorm L).

Hernandez explained that Lima Dorm is basically a confinement dorm where you have inmates for disciplinary, protective custody, special management (medical or pregnancy), psychological  inmates for evaluation counseling and suicide precautions.There were usually 30-35 inmates in Lima dorm while Adams and Anthony were both in custody there, although they were the only two who were in protective custody status. Most inmates came and went , but Adams and Anthony as protective custody, were stationary.

Hernandez admitted she was aware of written communication between Anthony and Adams, but made no attempt to stop the communication.Hernandez also allowed Adams and Anthony to have face to face contact at Anthony's cell door, but denied allowing them to spend time together in the same cell. Hernandez admitted she allowed Adams to cut Anthony's hair on one occasion.

When Hernandez was questioned about having a relationship (sexual) she denied that but admitted she had written to Adams after she was sent to Tallahassee. She also admitted she attempted to assist Adams in retaining counsel for her case by providing her with names of local attorneys and on one occasion approached Anthony's counsel on behalf of Adams.

Hernandez told investigators that she spoke to Anthony "a few times" about her case. One conversation took place when it was being reported that Caylee's bones may have been found in the water at Blanchard park, but turned out it wasn't Caylee. According to Hernandez, Anthony told her investigators were "not looking in the right place" and it's right in their face but they're"not looking in the right place".

At the end of the report F.D.L.E.Investigators stated they thought Robyn Adams seemed to be truthful and forthright about her involvement with Casey and her role in creating and maintaining the evidence in question. Adams showed a great deal of emotion associated with her current sentence, her friendship with Anthony, the loss of Anthony's child and the moral dilemma of providing information pertaining to Sylvia Hernandez, because they had formed a friendship. The information was also consistent with the information in the letters between her and Anthony. The investigators stated in their report they think Hernandez was less than truthful during her interview but her actions didn't rise to the level of violation of Florida statutes. Wonder which one if any of them the State will use in the trial?

When Casey Anthony was arrested on July 16, 2008, little did she know even though her daughter was gone forever that she would soon have a " new sister". A sister who she could share (most) all of her confidences with and not be judged because in her own words, “We have so very much in common , both the good and the bad”.
Check back and we'll talk more about the information in the letters and the conversations between Casey Anthony and Robyn Adams, there is a LOT to talk about.
 :)
wesh
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Sunday, April 25, 2010

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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Saturday, March 13, 2010

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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