Live streaming/ Casey hearing on 5/6/2010

I am watching it on True TV. Wow, Perry sure gave Cheney Mason props. So far, he has denied two requests? I saw the last one about the jury consultant. What was the first request?

How funny on Fox35, you can see people chatting and what they are saying.

So far, he has denied two requests? I saw the last one about the jury consultant. What was the first request?

A judge has denied a request from Casey Anthony's attorney to seal all records related to the public funding of her defense.
Circuit Judge Belvin Perry said during a hearing Thursday that Anthony's attorney failed to prove that releasing the information would jeopardize her right to a fair trial. He had argued that making the records public could reveal strategy and the type of expert witnesses the defense is hiring.

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Cool, thanks!! This quote thing is still messed up and there is no "quick response". Ugh!!!

There is no comment box on the bottom of the page. I had to hit Reply to get a box to write in. I think the Quote: is the new look. I bet we never get the "bubble" that the quotes used to be in back again.

Please don't use the quote button. I removed it as recommended. I also was told to remove the quick reply box to protect new posts. Any time you use the quote button it messes up the whole thread.

darn... you guys know how much I like to quote myself! HeeeeHeee

nitespinr yeah we know.
I posted an important announcement.

Casey Anthony's defense team will have a chance to keep its expert witnesses secret, but costs for her defense will remain public, a judge ruled this morning.

And she won't get public money — about $6,000 — the defense wanted to buy two automobiles to recreate tests done by forensic labs used by the state.

In a hearing to decide several motions in the murder case, Orange-Osceola Chief Judge Belvin Perry on Thursday denied a defense request to seal all documents from the Justice Administrative Commission.

It is through the JAC that the defense will pay to bring in experts and other witnesses, including many from out of state. Anthony has been declared indigent for costs, and her attorneys must submit expenses to the JAC, a state office responsible for doling out payments.

In March, another judge ruled the state could pay for certain expenses, such as expert witnesses, depositions and travel costs, related to her murder case. It does not include attorney fees.

Defense attorney Jose Baez pointed out that the JAC's records are public, but in limited circumstances a judge can seal the documents.

But the defense did win other requests.

Perry did say that the defense can request to seal specific records on an expert-by-expert basis. Perry said he understands there may be some experts the defense does not want to reveal.

Casey Anthony is accused of killing her 2-year-old daughter, Caylee Marie, in 2008. She is being held without bond at the Orange County Jail, and she was in court today.

Baez ran down a list of experts — many of them from out of state — that Anthony's legal team wants to use to defend their client. Perry listened intently, asking why certain experts were needed and why the defense couldn't use officials from Florida.

The judge approved most of the experts, such as a computer expert, a DNA expert, forensic anthropologist, botanist and pathologist.

But he denied Baez's request for a cell-phone expert and an expert on human decomposition — adding that they can opt to ask for these experts again or ask for a hearing.

Perry told Baez no to a jury consultant, adding he would not entertain that request again.

One expert was discussed with Perry at the bench but was not talked about publicly in court.

Before the hearing ended around 12:30 p.m., the defense asked that Casey Anthony not be required to attend some hearings. Perry declined, saying it is important for defendants to attend hearings in death-penalty cases.

He won't require her to be at status hearings during which motions will not be argued, he said.

The next hearing in the case is scheduled for Monday.
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At first I was concerned about a new Judge. But it was a blessing in disguise. Artgal thinks for getting us back on track on this thread.

ORANGE COUNTY, Fla. -- The case against Casey was back in court Thursday, but Casey didn't want to be. Her attorneys asked a judge to let her stay in jail during her court hearings. They also laid out their plans to spend thousands more of your tax dollars.

The judge said no to several of their requests, including their motion to seal spending records.

A judge has already declared Casey indigent, who is accused of killing her young daughter Caylee nearly two years ago, so taxpayers will now pick up the tab for her expenses. Her attorneys wanted all of the information, which would normally be public, kept secret.

Casey walked into the courtroom around 8:50am, wearing a frilly, short-sleeve, white button down shirt with blue stripes, white socks and with her hair pulled back in a bun (images | raw video). She sat alone at the defense table and waited for her attorneys to arrive. Jose Baez walked into the courtroom around 8:55am and took a seat next to Casey.

“First matter is a budget hearing,” Judge Belvin Perry said in court as the hearing got underway quickly.

Baez then asked to first discuss the motion to seal all Justice Administration Commission (JAC) documents (read it). The JAC is the body that will set forth the defense team's spending, because Casey is considered indigent and taxes will pay for much of her defense. Baez said the defense didn't want to reveal who their expert witnesses are out of fear it will disclose their court strategy and, also, didn't want to release the amount they're spending.

When Casey was first arrested, she had no money that was legitimately earned; she couldn't even pay Baez's $5,000 retainer. But, instead of opting for a public defender then, only two months after Caylee had disappeared, Casey sold all of her own videos and photos of Caylee to ABC for $200,000, and two of her attorneys, one of whom has since left the case, raised another $140,000. That money is gone now and taxpayers have no idea where all of it went.

Judge Perry agreed to begin with the motion to seal the records and gave Baez an opportunity to speak first.

Baez argued that the media, "leeches" and "pseudo news media" are most interested in having access to the documents but, while there's a public right to know, it could damage her right to a fair trial. In its motion, the defense wrote, "Documents and requests for funding will lead to endless speculation as to the defense strategy for defending Miss Anthony and could ultimately affect her right to a fair trial."

“Quite frankly, the Orlando Sentinel is going to have to find another way to sell newspapers,” Baez told Judge Perry on Thursday.

Baez made further arguments to support the defense motion and then Judge Perry responded by pointing out Florida Statute 119 (read statute), which deals with access to public records.

“One more question, Mr. Baez, before you take your seat. The JAC is a state agency,” Judge Perry said. “Are there any particular statutory exceptions under [statute] 119 that you’re relying on or are you just relying on what you just told me?”

“I’m relying on my previous arguments,” Baez said.

Judge Perry thanked Baez and then called the Orlando Sentinel's attorney, who argued against the motion and wants access to the records, to speak.

“The request is just too broad,” attorney Rachel Fugate, with the Orlando Sentinel, argued. "At this point, I think it’s premature and it’s simply too broad."

An attorney for the JAC also spoke, briefly, but took no specific stand on the actual request and instead pointed out that the JAC does have to comply with Statute 119, unless a judge orders otherwise, and that sealing the records does put an administrative burden on their agency.

The state declined to speak on the matter, saying that they have no stand on the issue, and Judge Perry gave Baez an opportunity to respond to the arguments made.

“I disagree with Ms. Fugate where the public should know, should know what’s going on in the inner workings of the defense,” Baez argued. “It’s not the Sentinel’s life that’s on the line, it’s Casey Antony’s.”

Baez continued: “As to the JAC’s arguments, I would argue they don’t have standing to make an objection. This is a state agency and they will do what your honor orders."

Baez said that having the records sealed should actually reduce the burden on the JAC, suggesting that they wouldn't have to deal with all the media requests for documents if they weren't available.

"So the argument that this is an administrative burden falls on its face," Baez said.

After speaking briefly on the rules governing the release of such documents, Judge Perry quickly responded with his decision on the defense request.

“The court finds that the defense, at this time, has not met its burden to show that a serious and imminent threat to a fair, impartial trial has been met," Judge Perry said.

Judge Perry, though, did offer some flexibility and suggested that there could be some JAC documents that are sealed.

“Basically, we’ll have to do this on a case by case basis, or expert by expert basis,” Judge Perry said and quickly moved the hearing forward. “That takes care of the issue of the motion to seal. I guess the next thing to take care of is setting a budget.”

Baez began the budget discussion with Dr. Henry Lee, one of the forensic experts the defense has used throughout the case. However, Dr. Lee is out of state, something the defense filed a motion to seek coverage for despite the JAC's hesitation to pay for out of state witnesses (read it).

Baez argued for Dr. Lee's future costs to be covered by the JAC, but the JAC argued that it doesn't support the use of out of state experts because of the increased cost. Baez was then invited to speak again, laying out the amount of work Dr. Lee had already done for the case, including inspecting Casey's car, inspecting the site where Caylee's remains were found, as well as inspecting the crime scene analyst photographs and much of the discovery.

"While the JAC has this rule to encourage people to use instate experts, in this case the work Dr. Lee has done can't be replicated by anyone at this late state in the trial," Judge Perry said, authorizing the defense to continue to use Dr. Lee as an expert in their case.

Judge Perry also approved the defense's use of an out of state mitigation expert, but was clear that that expert and Dr. Lee are bound by the rates set by the JAC.

“This judge is not going to let the defense come to court in a Rolls Royce. He'll have them come to court in a compact,” WFTV legal analyst Bill Sheaffer told WFTV Thursday afternoon, referring to the financial scrutiny of the defense spending requests.

The JAC then asked the judge to set a spending cap on investigation spending. When asked by the judge what they suggested, the JAC suggested 30-50 hours, but Judge Perry immediately said that wouldn't be enough and, after discussion, allowed for 300 hours, despite Baez's request for 480 hours.

After a lengthy debate over the other experts the defense wants to continue using, but doesn't want to disclose in open court, Judge Perry asked for them to do a little more work before any further discussion.

“We’re going to be in recess until 10:45am,” Judge Perry said.

The judge wants to go over the defense list of experts one by one with the JAC and the defense to decide on what will be allowed and learn how much work they’ve already done.

Casey Anthony returned to the court room at 10:43am and the hearing quickly resumed as all parties involved began discussing the many experts the defense wants permission to use, despite them being out of state.

Judge Perry granted the defense request to use the following experts: forensic entomologist, anthropologist, forensic botanist, forensic pathologist, digital forensics expert, a DNA expert, two forensic chemist experts and a canine expert (up to 20 hours of work). Judge Perry was very specific that each approved expert must stick by the guidelines set forth by the JAC. He also granted up to $3,500 for public records requests.

However, Judge Perry denied without prejudice (meaning the defense can later file a motion for a hearing) a taphonomy expert, a cell phone expert, and money to purchase two Pontiac Sunfires (approx $6,000) for testing. He also denied with prejudice (meaning it won't be heard again) the defense request for a jury consultant.

Around 12:05pm, the judge and Jose Baez went behind closed doors to discuss the remaining experts and requests Baez had that he didn't want disclosed publicly or to the prosecution. They emerged less than 10 minutes later with no further discussion on the subject.

“Miss Anthony has requested to waive her appearances at these type of things,” Mason told the judge as the hearing was coming to a close. “She’d rather stay where she is.”

The judge, however, said that, in death penalty cases, things could come up where she may be needed for a response.

“It has been my experience that, in capital cases, that defendants need to be present during the preceding,” Judge Perry said. “If Ms. Anthony is found guilty of anything, it will lead to a post conviction relief proceedings, maybe ... and it always gets back to ‘my lawyer didn’t tell me this’ and ‘if I would have been there I would have done A, B, C, D.’”

Judge Perry, however, did say Casey did not have to attend status hearings that simply check on the progress on the case, but don’t argue motions.

The hearing ended at 12:30pm, over three hours after it began.

The public might never know whether Baez mismanaged his $340,000, but if he did he's paying for it now by having to ask the judge's permission to spend money; and the rest of us are now paying for it, too.


WHAT'S NEXT IN THE CASE?

Next Monday, Chief Judge Belvin Perry will hold a hearing to review any pending motions. The next day he'll hear motions related to the death penalty.

By May 17, both the defense and prosecution must submit a deposition schedule.
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What kind of day was it for Casey Anthony’s defense team?


What kind of day was it for Casey Anthony’s defense?

WFTV-Channel 9 listed setbacks today in a hearing on expenses for the indigent defendant:

***Her attorneys asked that she not have to attend hearings. “Casey Anthony doesn’t like people criticizing her appearance or actions, so she asked to stay in jail during future hearings,” WFTV’s Kathi Belich said. But Chief Judge Belvin Perry said she would have to attend most of them, saying he didn’t want to give her grounds for an appeal.

***The defense wanted to keep its experts’ names secret, but Perry “made defense attorney Jose Baez name names,” Belich said.

***The defense wanted to buy two cars — with taxpayer money for $6,000 — to conduct air tests; Perry denied the request.

Why that request? ”While it may sound like a silly idea, it gives you a sense of how closely the defense wants to challenge the so-called sniff test showing the odor in the car of Casey’s was from decomposition,” WESH-Channel 2’s Bob Kealing said.


Anthony is charged with first-degree murder in the death of her daughter, Caylee.

Perry denied the defense team’s request to seal records about how her attorneys will spend taxpayer money. Perry said a blanket sealing of the information wouldn’t be appropriate.

“This is not a total blow to Casey Anthony’s defense team,” WESH’s Jeff Lennox said. “The judge says if they’re worried about any information that may be released in the near future, they can go ahead and deal with it on a case-by-case basis with the court.”

And the day was hardly a wash for the defense.

WOFL-Channel 35’s Holly Bristow highlighted that Perry allowed the defense to keep some out-of-state experts, such as Dr. Henry Lee. “In the end the judge approved 16 of the 19 requests the defense made, but he flat out denied spending state funds for a jury expert,” Bristow reported.

What of the overall expenses?

“We didn’t find out an exact number for how much money Casey’s defense will cost taxpayers, but we do expect to get a better idea in an order from Judge Perry,” WESH’s Kealing said.

What kind of day was it?

WFTV legal analyst Bill Sheaffer offered this analysis: “The judge is not going to send the defense to court in a Rolls-Royce. He’ll send them to court in a compact.”

Sheaffer’s said Perry’s rulings “are ensuring the integrity of the system, they’re ensuring that the taxpayers’ money is spent wisely.”


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I love it. I do want her to have a fair trial so there is no post convictions appeals ever won by her.