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Friday, January 23, 2009

The Grim Reality Of Caylee Anthony's Life And Death


There was once a sweet little two year old girl named Caylee Marie Anthony living in Orlando, FL. with her 22 year old single mother, Casey, and her grandparents, George and Cindy Anthony. Like many other children born to an unwed mother, with no father in her life, her entrance into this world wasn’t under ideal circumstances, but from all reports she seemed to thrive and her family doted on her. At some point things went horribly wrong and before Caylee could turn three she went missing.

I’ll provide a summary, but unless you never turn on the television or read magazines at the grocery store check-out you know the basics of Caylee’s story. ATTENTION: If you don’t know the story and you live in Florida, STOP READING this blog and contact attorney Jose Baez, they need you for jury duty.

The world came to know of little Caylee on July 16, 2008 when Caylee’s grandmother started a media blitz telling the world that Caylee had been stolen from her loving mother by the babysitter….and had already been gone for more than a month by the time it was reported to police. At first the Anthony’s reported Caylee had been gone since June 9, until the police found a video of Caylee on their home computer that showed Caylee singing “You’ll never know dear, how much I love you…“ to her great-grandfather during a Fathers Day visit…“please don’t take my sunshine away…“ It was then decided the last day Caylee was seen was June 16.
As odd as this sounded, we were supposed to understand that Casey had been looking for Caylee on her own and the police were jumping to conclusions about Casey instead of looking for Caylee like any other missing child.

When the police released information that Casey had lied about everything she had told them, had led them on wild goose chases looking for Caylee and the sitter, and her car that she had abandoned, smelled of human decomposition, as well as the fact no one had ever seen this sitter, Cindy and George would have us believe the police were wrong to think that Casey could ever do anything to harm Caylee. If Casey was out of jail she would help them find Caylee. Attorney Jose Baez takes Casey’s case and he joins the media blitz.

I and many others thought these people were in denial. It soon became apparent that Cindy was an overbearing person as well and the thought crossed my mind that this was a power struggle between mother and daughter. Cindy was very much the “queen of her castle” and it became apparent that Casey had long been the “princess“ in Anthonyland. Had Casey hidden Caylee somewhere to teach her parents who was boss? It seemed plausible. After a little time in jail she would crack. Wrong!

Within the first week police were digging in the Anthony’s backyard but found nothing. Then the cadaver dogs were brought in and “hit” on several places in the Anthony backyard and the trunk of Casey’s car. The Anthony’s insisted the dogs were wrong and the smell in the car was rotten pizza although it has now been confirmed there was no food in the trunk. You can see a list of the inventory of the trunk here on page 23 and 24. About this time the Anthonys started plastering themselves, their cars and house with Find Caylee paraphernalia as well as insisting that people should be looking for Caylee, not pointing a finger at Casey.

After a few weeks Bounty hunter Leonard Padilla of California announces he has convinced his bail bondsman nephew to put up Casey’s $500,000 bond. Casey was released from jail on house arrest on August 20. Padilla predicts that after Casey washes her hair and does her nails she will tell where Caylee is. Casey is bailed out and the circus is on!

By now the public is engaged in this story in a way never seen before and rather than supporting the babysitter took Caylee story, strangers started protesting at the Anthony home trying to pressure Casey into telling the truth about what had happened to Caylee. Queen Cindy’s and George’s reaction to this was to personally build a “moat” around the castle made of yellow tape and no trespassing signs to keep the media and protestors at bay. Leonard Padilla brought his motor home and parked it right in front of Anthonyland…center ring.

After a week or so, law enforcement started receiving preliminary test results back from the car. Because of Florida’s Sunshine Laws the media was able to get access to the test results and we learned the evidence showed there was a decompositional event in the car, including hair that belonged to either Casey or Caylee that showed signs of decomposition. Reports also showed evidence of residues of chloroform in the trunk of Casey's car.

When Casey was arrested on economics charges (stealing from her friend Amy) on August 29, Leonard Padilla decided because of the test results and Casey’s unwillingness to assist in finding Caylee, to revoke her bond. Casey was bonded out again by other resources on Sept. 5, rearrested on Sept.15 on more economics charges and released again on house arrest the next day until October 14 when the Grand Jury returned with an indictment on Casey Anthony for the 1st degree murder of Caylee Marie Anthony. She has been held without bond since then.

Through out the next several weeks the Anthony’s released an increasing number of tips from all over the country of Caylee sightings…some even provided half assed photos of “Caylee”. What I wanted to know is if these sightings were to be believed, why hadn’t one of these “concerned citizens” actually approached the child and said, “Are you Caylee” or “Where is your Mother?” It was all bull.During this same time, documents were released that showed internet searches conducted on the computer seized from the home of Casey Anthony's parents included "how to make chloroform" and "neck breaking", the documents also showed timesheets of George and Cindy showing they were at work when these computer searches were made in March of 2008.

Then 179 days after Caylee sang her little song to her papa, a child’s skeletal remains were found dumped in the woods less than 3/10ths of a mile from Anthonyland. That moat that the Anthony’s had created around their home was then replaced by crime scene tape and squad cars, declaring Anthonyland a crime scene.

On December 19th , the FBI notified the Orange County Sheriff’s Office that the remains of the child were positively identified as that of Caylee Marie Anthony. Another search warrant was issued and executed for the Anthony home. Law enforcement wouldn’t release any information about the crime scene where Caylee’s remains were found or what they looked for during their searches of Anthonyland but Sheriff Beary did say they definitely found items that would tie the remains to the Anthony home.

On January 20th another 311 discovery documents were turned over to Casey Anthony's defense. According to Florida law they then become public record, therefore upon request from the media, on Wed. the 22nd the prosecutors released the records to the media. From the documents released has come some very disturbing information about things that were found with Caylee's remains.


According to the search warrant affidavit, Caylee's skeletal remains had been placed in a cloth laundry hamper bag, prior to being placed inside the black plastic garbage bag. The documents further reveal that a backpack with the word 'adorable' on it, a Winnie the Pooh blanket, a plastic toy horse, a size 3T shirt, a kid's pair of striped white shorts and small cloth-type iron on letters were also found inside the bag.


Perhaps most unsettling are paragraphs within a search-warrant affidavit, which detail the discovery of the remains and also the discovery of a "heart shaped" sticker that had been placed on duct tape that was found wrapped around the child's skull over the mouth area. wtf?


The search warrants released also gave a list of items that were looked for at the Anthony home shortly after the child's remains were found that included arts and crafts material, stickers, scrap booking material, all shoes belonging to Casey Anthony, the original clothing George Anthony last saw Caylee Anthony wearing on June 16th (pink colored top, blue jean skirt or skort, white shoes, small child's backpack with monkey design and white rimmed sunglasses), any doll clothing that would fit the doll recovered from Casey's vehicle on July 15th, small plastic toy horses similar to one found at the crime scene, and a black or brown backpack/shoulder bag similar to the one George Anthony saw Casey Anthony with on June 16th. The affiant also requests the authority to observe and note any prescriptions that may be on the property.

There have been many characters who have come and gone from this story and bizarre reports that have been disclosed....too many to touch on here without negating the fact that this story was and is about Caylee Marie Anthony and finding justice for this little girl.


George and Cindy have rarely been seen in public since Caylee’s body was found but Cindy has sent e-mails proclaiming her faith in her daughter’s innocence. The Anthony’s lawyers have also made it known that they will seek immunity for their clients, George, Cindy and Lee. They said that despite previous conflicting statements to law enforcement any future statements they make will be consistent. Law enforcement has not implyed that they will seek any charges against the Anthonys.

As I have been working on this entry, news has been breaking that George Anthony is undergoing psychiatric evaluation after he was reported missing late Thursday night from his Orange County home but was located a few hours later at a motel in Daytona Beach. He had text-messaged family members that he wanted to end his life," Daytona Beach Police Chief Mike Chitwood said. Local 6 News reported that a suicide note was also found in George Anthony's car. The note is in the possession of the Orange County Sheriff's Office. "I'm being told by sources close to the investigation that the note included wording like "I want to go be with Caylee," Local 6 News reporter Jessica D'Onofrio said.

My message to George would be that Caylee needs him to be here, to stand for her and make sure that justice is done in her case. While all indicators are that Casey is responsible for Caylee's death, the only way Caylee will truely receive justice is when the person responsible is convicted in a court of law. I have and will continue to include him and his family in my prayers as this story unfolds.
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Thursday, January 15, 2009

Judge OK's Search of Sheley's Cell - Details of Third Jail Altercation Undisclosed

Susan Kaufman a reporter for the Register-Mail in Galesburg, IL reported today that an emergency hearing was held today at the Knox County Courthouse in relation to another incident at the Knox County jail involving accused spree killer, Nicholas Sheley. I wasn't aware of the hearing or the incident, so of course I didn't attend. Because of the gag order in this case there has been little information released about these jailhouse incidents with Sheley. Thankfully Susan attended, below is a copy of Susan's report as it appeared today on the web site for the Register - Mail :



By SUSAN KAUFMAN
The Register-Mail
Posted Jan 15, 2009 @ 03:11 PM
GALESBURG —

A Sterling man being held in the Knox County jail on several murder charges in connection with the death of a Galesburg man will have his jail cell searched after an alleged altercation with another inmate.The incident, which authorities did not disclose in court Thursday, marked the third jailhouse altercation involving Nicholas Sheley since he has been housed in the facility since July 2008.

On July 20, Sheley allegedly pulled a metal safety bar off the wall and attempted to attack another inmate. Sometime in late October, Sheley was involved in an unspecified incident brought up during a court hearing. No details were released about the second incident.

Records at the Galesburg Fire Department confirmed rescue personnel were dispatched to the Knox County jail at 2:27 p.m. Sunday after reports of an inmate losing consciousness and coughing after allegedly being choked. The victim, a 21-year-old male Federal inmate, was transported by Galesburg Hospitals Ambulance service to an unspecified area hospital and was treated and released.

It was not clear, however, if that incident involved Sheley. Authorities are under a gag order and would not comment about the incident.

An emergency court hearing was held in Knox County Circuit Court at 1:30 today to hear a motion filed by Sheley’s defense attorneys Jim Harrell and Jeremy Karlin. At issue was a search warrant issued Wednesday granting authorities permission to search Sheley’s cell in connection with possible new charges related to the jail incident.

Sheley was removed from that cell and into another but his belongings and personal effects remain in his former cell. The door has been taped and security cameras are fixed on the door to that cell to ensure no tampering with potential evidence.

Karlin argued the search would violate Sheley’s rights if other materials such as those related to his defense, potential witnesses or communication with other attorneys. He said it isn’t a privacy issue but rather a protection of his rights as a defendant to have a fair trial. “This is a capital murder case,” Karlin said. “I bet you all the money in my pocket ... that crime (the jail incident) will be presented in this particular case.”

Knox County State’s Attorney John Pepmeyer suggested the search warrant should be executed with the following stipulations: the process is videotaped; all inventory is properly logged; a representative of the defendant is present; and provide an in-camera inspection by the court. Pepmeyer argued Sheley has no rights to privacy and search warrants are essential.

Ninth Circuit Judge James Stewart denied the motion by the defense to quash the search warrant. “I am not a mediator,” said Stewart. “I am not going to micromanage the jail.” He said Sheriff David Clague is in charge of the security and safety and he should be allowed to control the jail as he sees fit.

Sheley was found fit to stand trial but questions remain on whether he is fit to act as his own attorney. A hearing on that matter is scheduled Jan. 30.

Sheley faces 17 counts, including 10 counts of first degree murder in the death of Ronald Randall of Galesburg. He also is facing first-degree murder charges in Whiteside county and Missouri in connection with a killing spree that left eight people dead. He faces the death penalty if convicted.




The picture of Sheley, above, is from a jailhouse interview that Sheley did with the Associated Press in September. Because of this interview and a phone interview that Sheley gave to WQAD in the Quad Cities the next day, the prosecution and defense requested that Ninth Circuit Judge James Stewart issue the gag order to halt pre-trial publicity. Assistant Attorney General Michael Atterberry told the court "Both parties want to maintain fairness and integrity of the proceedings" he added that Sheley's interviews had threatened the proceedings. Stewart agreed.

Galesburg.com
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Wednesday, January 7, 2009

Justice Delayed Isn't Always Justice Denied

Most of us have heard the adage "Justice delayed is justice denied". According to Wikipedia it is a legal cliche meaning that if legal redress is available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it is effectively the same as having no redress at all. This principle is the basis for the right to a speedy trial and similar rights which are meant to expedite the legal system, because it is unfair for the injured party to have to sustain the injury with little hope for resolution. This seems to apply to the civil side of the legal system and to the defendants side of the criminal system.

After looking back at a few of the trials from 2008 I think we can change that adage to "Justice delayed isn't always justice denied". As a matter of fact that could be the theme for 2 of the trials that come to mind, I will get to them in a bit. My hope is that it will also be the theme for the Phil Spector retrial that began this fall and should wrap up in the next month or so.

Phil Spector, an eccentric music producer of the 60's, is charged with killing actress Lana Clarkson on Feb.3, 2003. The prosecution contends that Spector, who has a history of pulling guns during alcohol fueled rages, repeated that behavior in the wee hours of that Feb.3 in a rage that ended in the death of Lana Clarkson by an intra oral gunshot wound. That's right folks they say he stuck the gun in her mouth and pulled the trigger.

Spector's lawyer at the time, Robert Shapiro (think OJ Simpson dream team and legalzoom.com), was able to get Spector released the same day on a million dollar cash bond. Phil Spector has yet to spend one night in jail. Spector was also able to postpone going to trial until 2007 by changing his defense team several times. For the victims of a crime or their survivors, when the accused decides to wave the right to a speedy trial, justice delayed can be misery...

When Spector did finally go to trial many say he was able to "buy" himself a hung jury by assembling his own "dream team" of forensic experts and 5 attorneys. The first trial, that lasted over 5 months, didn't buy Spector the acquittal he had hoped for, although the hung jury (10-2 in favor of guilty) did "buy" him another year of freedom.

For the retrial Spector has pared down his "dream team" to 1 lawyer. Whether he has a forensic "dream team" remains to be seen, the defense should begin presenting their case soon. Using the same defense theory as his first trial, Spector contends that Lana Clarkson in a moment of despair committed suicide. Whatever Phil! How that explains why Phil walked outside with the gun in his hand after the shot was fired and told his chauffeur "I think I killed somebody", I don't know. The defense claims the chauffeur is mistaken, but that is pretty lame, really. As I said in the beginning of this post, hopefully "Justice delayed isn't always justice denied".

OJ Simpson's robbery trial in Las Vegas was easily the most notorious trial of 2008. Whether deserving or not Simpson's case was definately given the most media coverage of any trial in 2008. Despite a valiant effort by his attorneys, Simpson was convicted on all counts and is expected to spend up to 33 years in prison. The verdict in this case came down 13 years to the day after OJ was acquitted for the deaths of Nicole Brown Simpson and Ron Goldman. For many, this conviction atones for the denial of justice many felt when OJ was acquitted 13 years before. Once again "Justice delayed isn't always justice denied".

For me, the trial of 2008 that was the most interesting and appalling didn't include any famous names or tons of money, but best exemplifies the adage "Justice delayed isn't always justice denied" is the Mark Jensen murder trial in Kenosha, Wisconsin.

Jensen's trial didn't start until the first week of January 2008, even though Mark's wife was found dead on December 3, 1998. The case had dragged on since Julie Jensen, 40, after having fallen ill and taken to bed, was found dead in her Pleasant Prairie, WI home. Mark Jensen wasn't charged until 2002 and legal wrangling over evidence delayed the trial another 6 years.

Several weeks before her death, Julie Jensen talked to local police, her son's school teacher and a neighbor, and told them that she suspected her husband was planning to kill her. She went so far as to give her neighbor a sealed letter that detailed her suspicions, and asked her neighbor to give the letter to the police if anything happened to her.

Prosecutors allege Mark Jensen fed Julie Jensen several doses of ethylene glycol--the sweet, syrupy but poisonous liquid commonly used in antifreeze--and then smothered her when she started to recover from the poisoning.

In his defense Mark Jensen argued that his wife was depressed and angry because he was having an affair, so she did Internet searches on poisoning in an effort to frame him, then committed suicide by poisoning herself.

At trial, prosecutors wanted to use Julie Jensen's statements to speak as a "voice from the grave" in an effort to prove that Mark Jensen had murdered his wife, but first they had to convince the courts to allow such evidence.

Using such evidence in court has for years been blocked by strict hearsay rules giving criminal defendants the right to confront their accusers. The Wisconsin Supreme Court created new rules, prompted by a US Supreme Court decision and this case, that laid the ground work for her accusatory letter and statements to police to be used as evidence in the trial.

On February 21, 2008, after a six week trial, Mark Jensen was convicted of murder, first degree intentional homicide, which carries a mandatory sentence for lifetime imprisonment under Wisconsin law.

Because of all the interesting twists and turns of this case, that I haven't even touched on here, I will take a more in depth look at this case in another post.


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Thursday, January 1, 2009

Happy New Years!

HAVE A GREAT YEAR IN 2009!
The case management hearing for the Nicholas Sheley case that was scheduled for yesterday was canceled . As I mentioned in the entry below, the prosecution tried to cancel this hearing on the 22nd but the judge didn't allow it because it was a statutory hearing. Word is defense counsel, Jeremy Karlin, had the hearing canceled. ????? I am NOT in the legal profession so I don't know why one side couldn't cancel a statutory hearing, but the other side could. Perhaps if both sides request it is allowed? Any legal eagles out there have insight about this?The next hearing is scheduled for January 23. I will let you know if I hear anything different. Sphere: Related Content

Wednesday, December 24, 2008

Nicholas Sheley found fit to stand trial;case enters unchartered ground regarding fitness to represent himself.

UPDATE 12/27/2008 - I have added a link , in paragraph 11, to an interview with Sheley's ex-wife.


Today, Monday, December 22, I attended another hearing in the case of IL v. Nicholas T. Sheley. Sheley is a 29 year old Sterling, IL man accused of a two-state killing spree that left 8 people dead, in late June, 2008. Knox County is the first to prosecute Sheley. He is charged with bludgeoning to death a 65 year old Galesburg, IL man, Ronald Randall, and robbing him before he dumped his body and stole his pickup truck. If convicted, Sheley will face the death penalty.

When I pull up to the courthouse at about 1 p.m. I’m surprised to get a parking spot right in front….does it seem petty to note this?….not when it’s sub-zero temperatures and icy out , those spots become valuable! LOL ! On my way to the entrance, I take a peak at the back side of the courthouse where they usually bring in the prisoners, it doesn’t look like Sheley has been brought over from the jail yet, he is usually escorted by a caravan. The hearing is supposed to start at 1:30 p.m..

As I enter the courtroom I see there are more people here than usual. Ronald Randall’s family is here, sitting in the first two rows on the prosecution side. There are a few more of their family here today, that’s really good to see. Strength in numbers. I’m sure it’s hard for many people to attend court on a regular basis because of work. Shirley Pringle, a victims rights advocate for Knox County joins them. She does a great job and provides a lot of support. ( She rescued me today, I'll get to that later)

There are people seated on the defense side that I haven’t seen before, a young couple and an older couple who seem to be together. During Sheley’s hearings, the court wants to know who is in the courtroom and their reason for being here, I overhear the older woman say they are here for Russell Reed. The bailiff tells them if there is any trouble in the courtroom with Sheley, everyone should go to the jury room at the back far side of the courtroom. Russell Reed, 93, of Sterling is the first homicide victim in this alleged killing spree.

I must have a puzzled look on my face because the bailiff asked me wasn't I aware of the procedure if there was trouble with Sheley in the courtroom? I tell her I hadn't heard that before, but had decided on my own, if Sheley represents himself, I'm sitting in the back row. LOL ! She repeated the plan to me and said that door will be unlocked. I'm sure this plan wasn't formulated just for Sheley, Knox County has had other violent crime cases, even where the defendant represented himself....always good to have a plan.

A female (late teens or early 20’s) comes in and sits in the back row on the defense side of the courtroom. The bailiff asks her the normal questions, I couldn’t hear her response but I do hear the bailiff tell her she is not allowed to say anything to Sheley when he comes in the courtroom, if she does she will be asked to leave. Hmmm, I will try to find out more about her.

Next I see a Whiteside County Sheriff deputy, in uniform, speaking with some of the Sheriff’s deputies from Knox County. I get the impression from their conversation, the Knox County guys would be glad to ship Sheley back to Whiteside County with this guy….but it doesn’t sound as if Whiteside is too crazy about dealing with him either.

I know there has been one altercation at the Knox County Jail here in Galesburg involving Sheley . It was reported a guy was hassling him, so Sheley got the screws out of a bar on the wall and attacked the guy with the bar. The screws were found in his pocket. IIRC, the fight was stopped before anyone was hurt. There was another incident at the jail involving Sheley, but because of the gag order, no information has been released about it. The Whiteside Sheriff deputy and another man take a seat right behind me. I turned and asked him if he came down to check Sheley out, he said, ”yeah”.

Another group of people come in the courtroom that I haven’t seen before, there are seven or eight of them. ( I didn't actually count) One of Ronald Randall’s sisters said they were family of some of the victims from Rock Falls, she had seen them at a “victims meeting” in Whiteside County, but wasn’t sure whose relatives they are. The four victims Sheley has been indicted for killing in Rock Falls were 2 men ages 25 and 29, a woman age 20 and her 2 year old son. One of the women speaks with Shirley Pringle, she must be the victims advocate for Whiteside County. I also notice the Whiteside County States Attorney, Gary Spencer is sitting behind me. I'm sure everyone wants to know how this trial will proceed.

The counsel for both sides are taking their places (prosecution has an extra man today from the Attorney General's office) and 3 members of accredited press are in court today.

Sheley is brought into the courtroom fully shackled and accompanied by his "entourage" of Sheriff's personnel. Sheley takes a good look around the courtroom but doesn’t acknowledge his “supporter”. I did find out she is a local girl who spent some time in Knox County jail and got to know Sheley. She is a small girl and sitting in the back row, he may not have seen her. As far as I know Nicholas Sheley is married, so I don’t know what is up with this new “friend”. The only other person I have seen in court “for” Sheley was his ex-wife, back on August 8, she was not there to support him, but to hold him accountable for the confusion and fear he has brought into their children’s lives. You can read more about that encounter here.
(I also found a link to an article by Susan Kaufman of the Galesburg Register- Mail, She was able to find Sheley's ex-wife and further interview her after the confrontation. You can read that article here. )

Ninth Circuit Judge James Stewart enters the courtroom and court is in session. For the record he recognizes seated at the defense table are Court Appointed co-counsel, Jeremy Karlin; Public Defender, James Harrell and of course Nicholas Sheley. At the prosecution table is Knox County States Attorney, John Pepmeyer; Assistant Attorney General, Michael Atterberry; Assistant Attorney General, Steve Plazibat; and another attorney from the Attorney Generals office, sorry I didn't get his name, he has spelled it in court three times now and I still can't catch it, lol, it starts El_ _ _.

Judge Stewart says that earlier this fall he ruled there was bona fide doubt in regards to the defendants fitness and Dr. Terry Killian was appointed by the court to conduct the fitness evaluation. Now that those results are in, he would like to hear from both sides.

Michael Atterberry starts off by saying the issue of bona fide doubt was raised by the defense attorneys this fall. Based on the court-ordered fitness evaluation conducted by Dr. Terry Killian, dated November 21, 2008, the peoples opinion is there is no bona fide doubt to stand trial.

Jeremy Karlin says that the defense concurs there is no bona fide doubt to stand trial. He continues, if the court agrees, we need to visit Sheley's motion. (Sheley submitted a handwritten motion dated September 19 that was sealed by the court until Sheley's fitness was determined.)

Judge Stewart then rules that he finds no bona fide doubt to stand trial, because of his filing of the motion, the court asks Sheley if he wishes to proceed. Sheley says yes.

This is the point that Shirley Pringle saves me! My pen quit working! Normally I have more than one, but today I didn't grab an extra because this pen was full of ink!! I asked Shirley if she had an extra pen and she didn't...but she was so kind ...she gave me hers anyway and told me to keep it. I can't tell you how much I appreciate her kindness !!!! Merry Christmas Shirley, and all the best to you for 2009!

Karlin tells the court that Sheley gave the defense a copy of the handwritten motion. They do have a response, but have waited to file it until Sheley renews his motion.

Judge Stewart says that the written motion sets forth a couple of issues:

  • Whether to hire private counsel or represent self.
  • Claim of conflict of interest with current attorneys, based on different theories of defense.
  • Claim of ineffective counsel, motions and procedures applied against his wishes.

Stewart continues that he will allow the state 21 days to file their response, because the motion was sealed when entered with the court, the state hasn't been able to review it.

Jeremy Karlin tells the court that defense counsel has a response to Sheley's motion, but due to the ineffective counsel issue, they will need to revise it and will take the extra time as well. My notes get a little confusing here because next I have: In response to Sheley's motion, Sheley is unable to intelligently waive his right to counsel and with regard to Indiana v. Edwards, Mr. Sheley suffers from a serious mental condition and is not competent to represent himself. This conclusion is based on an independent evaluation conducted by Dr. Robert M. Hanlon, a clinical neuropsychologist in Chicago and assistant professor at Northwestern University. Dr. Hanlon's evaluation has been filed with the court as a sealed exhibit. I don't know, perhaps they need more time to change wording???? Whatever, because the state gets the time, it doesn't hurt for the defense to wait to submit their response as well.

States Attorney John Pepmeyer tells the court that the state wants to know what is the true relief that Sheley seeks:

  • conflict of interest ?
  • ineffective counsel ?
  • to represent self ?

I'm sorry, my notes show that Judge Stewart made a statement here, but I didn't get it down. Based on the next response from the state I think he said all issues are relevant.

Michael Atterberry says the state will respond on all 3 issues. Atterberry also says that the neuropsychological issues need to be determined , if factual.

Judge Stewart then referring to Indiana v. Edwards, a June 2008 Supreme Court decision that found the standard for finding a person fit to stand trial is not as high as the standard for allowing a defendant to represent himself, said, "There is no procedure, protocal or policy on how to do this." Stewart called the matter "unchartered ground and the court has to invent procedure when there is not precedent."

Stewart also said that the court could have additional counsel appointed to present case law to Sheley so he can make a decision about representing himself without his perceived conflicting interests of his attorneys. When asked if he would like an additional lawyer appointed, Sheley said, "I would." Stewart said the additional counsel would also have to be capital litigation qualified. He also stated the Illinois Supreme Court has ruled there must be two attorneys appointed to a death penalty case (when defendant is indigent) but he doesn't think there is a limit to the number of court appointed attorneys.

Michael Atterberry asks the court if needed could they have more than 21 days to respond to Sheley's motion. There is a conflict they need to research where Sheley's motion is to remove counsel and the defense motion is to show that Sheley is not able to make this decision.

Steve Plazibat recommends 45 days to respond. Judge Stewart says he will give 30 days. The response from both parties will be due January 23. The Judge says that the case management hearing scheduled for December 31 is a statutory requirement.

I can hear the rumbling of Sheley's voice talking to defense counsel. James Harrell says that Sheley has a couple questions, he wants to know if he can have copies of the transcripts for today's hearing. Sheley also wants this delay charged to the state. The judge says no, the delay is on the defense motion. I think he ok'd the transcripts though.

Steve Plazibat wants to cancel the case management hearing for Dec. 31 because of the representation issue. Judge Stewart says no, it is a statutory hearing and must be held. He also scheduled a case management hearing for January 30 at 1:30. He said representation on discovery is given to this defense.

Court is recessed.



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Friday, December 19, 2008

Lawyers believe Sheley fit for trial.

UPDATE 12/24/2008
First, I want to wish all readers of katfish.... ponders a happy holiday season, however you celebrate...Christmas, Hanukka, Kawanzaa,..?...and my wish for you all is to have a blessed and prosperous year in 2009.
Second, I want to apologize for not getting my entry posted from Sheley's fitness hearing yet. My personal life has been quite busy the last few days....I thought I'd be able to get the entry posted right after the hearing but t'was not to be. I have it about half way done (stealing a moment here and there) I have about 30 people coming in 3 hours...eeekkk...my hope is to complete the entry tonight after they leave. Santa...help me...I have cookies and milk! LOL
The hearing was quite interesting and I have a lot to say....Sheley was found fit to stand trial, but the issue of him representing himself wasn't resolved. 8-(
katfish


Below is an article as it appeared in The Register-Mail on Thursday, December 18. My thoughts follow Susan's article.

By SUSAN KAUFMAN
The Register-Mail
GALESBURG —
The attorneys for Nicholas Sheley don’t doubt their client’s fitness to stand trial.
In a notice filed Tuesday in Knox County Circuit Court, attorneys Jim Harrell and Jeremy Karlin wrote their decision was based on two evaluations of Sheley — a court ordered evaluation conducted by Dr. Terry Killian, and an unspecified independent evaluation.

The evaluations were ordered to determine Sheley’s competency to stand trial and possibly represent himself. A hearing is scheduled Monday to determine if Sheley will be able to fire his attorneys and represent himself — a desire he has expressed in previous hearings.

A gag order remains in effect until Sheley’s competency is determined.
Sheley faces the death penalty in Knox County if convicted of the bludgeoning death of Ronald Randall. Sheley also is charged with killing seven other people in two states.
A case management hearing is scheduled for 10 a.m. Dec. 31.

katfish here:

The United States Supreme Court issued a decision on a case, Indiana v. Edwards, on June 19, 2008. In a 7-2 opinion, the Court held that the Constitution does not forbid states from insisting upon representation for those competent to stand trial but who suffer from severe mental illness to the point where they are not competent to conduct trial proceedings by themselves.

In order to be found competent to stand trial, it must be determined that a defendant has the ability to understand the nature and purpose of the proceedings against him or to assist in his defense, or both. He must also have the ability to knowingly and intelligently appreciate his right to legal representation in a trial and appreciate the right to wave that right.

Because of Indiana v. Edwards, that criteria is expanded when the defendant wishes to represent himself. The person doing the evaluation, in this case Dr. Terry Killian, M.D., should address the defendant's ability for:

  • Reviewing voluminous discovery in written, audio, and visual format
  • Organizing this discovery in a meaningful way
  • Ability to think coherently, objectively and without delusions
  • Ability to maintain temper
  • Ability to recount relevant facts
  • Ability to understand courtroom developments
  • Ability to maintain focus for hours at a time
  • Ability to formulate and express thoughts in a coherent and logical manner both verbally and in written form
  • Proper motivation to represent himself
  • Cognition, perception, concentration and information processing
  • Ability to think on one's feet

The criteria I noted above are a "cliff notes" version of the Fitness Order issued by Ninth Circuit Judge James Stewart on October 27. The first page of the fitness order addresses the competency to stand trial and the second page addresses the defendant's ability to represent himself and instruction if defendant is not fit to stand trial. You can download or print these documents for free at DocStoc, just follow the links I embeded above.

As Susan stated in her article, since Sheley's attorneys have filed notice with the court that they don't doubt their client's fitness to stand trial, Monday's hearing will be about Sheley's motion to represent himself. It's not my call but I think he would be wise to keep his attorneys....kind of like a doctor...you might not like them but at least they know what they're doing.

Sphere: Related Content

Monday, December 15, 2008

Fitness Hearing Scheduled in Nicholas Sheley Case.

A hearing on defendant's motion for determination of bona fide doubt is scheduled for Dec. 22 at 1:00 p.m. I plan on attending the hearing and will report what happens as soon as possible after.

Nicholas Sheley, a 29 year old Sterling, IL man is accused of a two-state killing spree that left eight people dead, in late June.
Sheley is being held in Galesburg, IL on a $10 million bond where he is charged in the death of Ronald Randall, 65, of Galesburg. If convicted, Sheley will face the death penalty.

At a hearing Sept. 19, Sheley told the court he wanted to fire his attorneys, James Harrell and Jeremy Karlin, and represent himself. He accused the pair of “sophisticated fast-lawyer talk” and said they were not adhering to his wishes for a speedy trial and his wishes were being “blown off as unimportant.”

Ninth Circuit Judge James Stewart said Sheley must undergo a fitness hearing to determine whether he is fit to stand trial, competent to waive his right to counsel and competent to represent himself before he is permitted to fire his attorneys and represent himself.

Hopefully this hearing will shed some light on how this trial will proceed. Sphere: Related Content