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Anthony defense is at it again files new motion of the same motion they were already denied!

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Anthony defense is at it again files new motion of the same motion they were already denied! Empty Anthony defense is at it again files new motion of the same motion they were already denied!

Post by artgal16 Mon Oct 18, 2010 2:05 pm


Casey Anthony's defense team has filed a new request to have her Orange County Jail records sealed in light of a new court ruling out of South Florida.

Attorneys Jose Baez and Cheney Mason want the court to seal her jail visitation log records as well as her jail commissary and telephone records.

The defense attorneys argue in their new motion that Florida's public records law was not meant to provide for such disclosures and that the release of such records "serves only to embarrass and invade the privacy of the defendant."

They also state in the motion: "Miss Anthony has not been convicted of any of the charges for which she is being held by the Orange County Jail."

Casey Anthony, 24, is charged with first-degree murder in the death of her 2-year-old daughter Caylee Marie. Her trial is expected to start in May.

Her lawyers cite a new ruling out of the 4th District Court of Appeal, stemming from a public-records request by the Sun-Sentinel in South Florida.

The newspaper made a public-records request through the Broward County Sheriff's Office for the recordings of phone conversations of incarcerated defendants in a high-profile criminal case there.

The defendants, minors charged as adults in a second-degree murder case, argued that release of their calls "would prejudice their defense by increasing public scrutiny on issues collateral to the case and would violate their rights to due process and a fair trial."

The trial court there issued an order for the Sheriff's Office not to release any recordings that included admissions; but the department could release any other recordings to the paper.

But the appellate court late last month found that the newspaper was not entitled to any of the recorded phone calls. The ruling found that treating such calls as public records would allow "anyone to request the recorded calls."

It found that "an accused child should be able to consult with a parent without the communication becoming a public record."

Finally, the DCA concluded, "An inmate's personal phone calls do not in any way reflect the actions of government and releasing the calls would not further the purpose of the Public Records act."

Orange County Jail spokesman Allen Moore said in an e-mail that Casey Anthony has not made any recent inmate calls, the last one being in early August 2008.

Also, she has had no "video visitations" since Aug. 14, 2008. Those visitations would be with family or friends rather than members of her defense team.

A review of Casey Anthony's recent visits from this month and last month include logged visits from her attorneys, including Baez, Mason, Dorothy Clay Sims, Ann Finnell and Charles Greene.
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Anthony defense is at it again files new motion of the same motion they were already denied! Empty Re: Anthony defense is at it again files new motion of the same motion they were already denied!

Post by artgal16 Mon Oct 18, 2010 2:08 pm

The new ruling was specifically made for minors who wished to have privacy when speaking to their parents to help them. I can see that being ruled permissable.
I dont see how that rule would pertain to Casey.
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Anthony defense is at it again files new motion of the same motion they were already denied! Empty Re: Anthony defense is at it again files new motion of the same motion they were already denied!

Post by Guest Mon Oct 18, 2010 3:21 pm

Am I the only one who has completely lost interest in this "drama" of a trial? I hate to say that, because I am still VERY interested in seeing justice for little Caylee... but this trial seems to be dragging on & on! I admit that I haven't been following this thread that closely, but am very curious as to exactly WHEN Casey Anthony will actually stand trial (or is she already on trial) for the murder of her little girl? I apologize for sounding so "out of it", but this case has really frustrated me with how long it is dragging on!! head bang
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Post by mommyof3kids Mon Oct 18, 2010 3:23 pm

la la la head bang rabbit
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Anthony defense is at it again files new motion of the same motion they were already denied! Empty Re: Anthony defense is at it again files new motion of the same motion they were already denied!

Post by Wrapitup Mon Oct 18, 2010 3:32 pm

That particular horse already left the barn a long time ago as far as The Sunshine Laws. I doubt there is a person in Florida who doesn't know the particulars of this case. Well, maybe one or two.

The trial starts in May. Bozo and clan are starting to freak because they literally have NO defense or how to explain Casey riding around for 31 days without one person seeing Caylee, her partying and not telling anyone (not even her grandparents) her daughter is "missing" crazy3 , those are just a few of MANY, MANY reasons why she is so guilty.

And really, unless and until the trial starts and/or Casey confesses, it's the same ole thing with her duhfense, different day. I cannot blame anyone for being burnt out on this case.
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Anthony defense is at it again files new motion of the same motion they were already denied! Empty Re: Anthony defense is at it again files new motion of the same motion they were already denied!

Post by artgal16 Mon Oct 18, 2010 3:36 pm

Well, we do know at least that no bunch of ambulance chasing lawyers will offer their services to Elisa Baker's defense so perhaps if she will come to trial her conviction at least would be fast. We hope.
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Post by Guest Mon Oct 18, 2010 7:41 pm

Wrap, thanks for helping to clarify this confusing & drawn-out "prelude" to the trial! And, I agree... there really is no "duhfense" for Casey's actions following the disappearance of her daughter. Even a person with half a brain (hope I don't offend anyone) could figure out that she is guilty!!

Anyways, I can hardly wait for the actual trial to begin! I wonder how many years it will last? Sarcasm
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Post by Wrapitup Mon Oct 18, 2010 8:26 pm

Anyways, I can hardly wait for the actual trial to begin! I wonder how many years it will last? Sarcasm
Don't even THINK that!!!!!!!!! I don't think any of us have the physical or emotional fortitude left in us for much more of Casey Anthony and her parents.

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Post by artgal16 Mon Oct 18, 2010 9:02 pm

The state agency funding Casey Anthony's criminal defense is challenging many of the recent requests the defense team has made for certain costs in the case.

Casey Anthony attorneys, Jose Baez and Ann E. Finnell, filed a motion to set a "reasonable budget" for the "penalty phase" of the case.

They've requested costs for: a private investigator not to exceed $5,000; a psychiatrist or psychologist at a "reasonable hourly rate" not to exceed $7,500; costs for copying medical and school records not to exceed $1,000 and an additional 100 hours for a mitigation specialist at a "previously approved rate."

They've also requested travel expenses and lodging for Finnell, not to exceed $4,000; travel expenses for an investigator or mitigation specialist to go to Ohio with lodging and expenses not to exceed $1,500; and travel expenses and lodging for Finnell from Jacksonville to Orlando at approved rates if the case goes to trial.
The Justice Administrative Commission is authorized to pay "due process" costs in the case. The JAC recently filed a 9-page response, challenging many of the defense team's specific requests.

It argues at length, for example, that Casey Anthony's lead counsel, Baez, should pay for Finnell's travel and lodging expenses.

Casey Anthony, 24, is charged with first-degree murder in the death of her 2-year-old daughter Caylee Marie. Her trial is expected to start in May. She faces the death penalty if convicted. Mitigation is a big part of the defense preparation in such capital cases.

Here's a breakdown of the JAC challenges for the requested costs:

•As for the $5,000 in investigative services, the JAC argues the defense "has the burden to show how the requested investigator is necessary to the defense of the case and how the failure to provide such service would prejudice the defense."

The JAC response also says the rates for investigators cannot exceed $40 per hour.

•As for the up to $7,500 for a psychiatrist or psychologist, the JAC response states "counsel needs to file a separate motion delineating the particularized need for the expert." The JAC objects to any out-of-state psychiatrist or psychologist and wants to be heard before the court authorizes any experts.

It also objects to any rate for experts outside established rates. For instance, psychological evaluations have a flat per-exam maximum rate of $350.

•The JAC does not object to paying "reasonable costs" for copying medical and school records, according to the response. But the defense will need to provide proof of payment of those costs before JAC will reimburse them.

•As for the additional 100 hours for the mitigation specialist, the JAC notes the court previously approved a "cap" of 384 hours for mitigation specialist Jeanene Barrett.

"It is unclear whether that cap has been reached at this time," states the response from JAC Assistant General Counsel Bradley Bischoff.

The rate for such work is $40 per hour and the response states the court "must determine that the additional hours sought are reasonable and necessary for the defense of the case."

•As for Finnell's travel expenses and lodging, the response says, "JAC objects to reimbursement of travel expenses for any attorney in this case inasmuch as lead counsel is privately retained. Such travel expenses are overhead expenses that should be paid for through counsel's fee."

It goes on to say "the state should not bear the responsibility to cover travel expenses for a privately retained attorney who chooses to use the services of yet another attorney"

The response adds that although Finnell may not be charging Casey Anthony for her services "this is not a pro bono case; it is an indigent for costs case, where lead counsel has received a fee of $89,454.3."

Under JAC policies and procedures, the JAC would pay for attorney travel if the defendant was represented by one "pro bono attorney," but JAC "objects to paying for attorney travel where the defendant has retained privately paid counsel."

Later in the response, the JAC attorney argues, "Here the lead counsel has received compensation from a source other than JAC. Those funds should be used to cover the overhead expenses, including any attorney travel."

If travel is reimbursable, the JAC argues the defense "has the burden to show that any travel is necessary for the defense of the case."

•As for the Ohio lodging and expenses for the investigator or mitigation specialist, the JAC argues the defense "has the burden to show how the requested travel is necessary to the defense of the case and how the failure to provide such travel would prejudice the defense."

The response cites the court's May 12 order, which says "out-of-state interviews and depositions shall be done through the use of video conferencing equipment available at the Orange County Courthouse."

It also objects to Finnell's travel and lodging expenses between Jacksonville and Orlando.

The response asks the court to set a hearing on the various expenses requested by the defense.
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Post by artgal16 Mon Oct 18, 2010 9:04 pm

Millions Casey Anthony will cost the state of Florida millions - while childrens social service agencies go wanting.
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Post by artgal16 Mon Oct 18, 2010 9:10 pm

ORANGE COUNTY, Fla. -- The state agency responsible for distributing funds for indigent clients like Casey Anthony is fighting how high the cost of the case could go after the addition of a new defense lawyer.

Anthony’s new death penalty expert, Anne Finnell, has filed paperwork informing Judge Belvin Perry that her expenses in preparing for a possible penalty phase in the case could cost taxpayers $20,000 or more.

Orlando defense attorney Richard Hornsby, who is not affiliated with the Anthony case, said penalty phase costs are unavoidable.

“The defense has to incur all those costs before the case goes to trial,” he said.

Finnell estimates an expert psychiatric witness could cost $7,500, but lawyers for the Justice Administrative Commission said the cost should be far less.

“While an indigent has a due process right to the assistance of experts in his or her defense, that right is not unfettered,” the filing read.

Finnell also estimated her travel costs to be $4,000, but the commission said those costs should come out of the $89,000 fee that Jose Baez has already collected from Anthony.

"The state should not bear the responsibility to cover travel expenses for a privately retained attorney who chooses to use the services of yet another attorney,” the commission said.

“If they're unwilling to pay their own costs, they're going to have to withdraw, or Jose Baez is going to have to pay for it out of his own pocket. It's fair and that's the way it works,” said Hornsby.

The commission is asking Perry to hold a hearing on the issue.
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Post by Wrapitup Tue Oct 19, 2010 12:48 pm

expenses for an investigator or mitigation specialist to go to Ohio with lodging and expenses not to exceed $1,500;
What's in Ohio? I know they used to live in Warren, OH but that was years ago.

The majority of the costs are over-inflated IMO.
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Post by artgal16 Wed Oct 20, 2010 4:07 pm

Casey will be in court next Friday October 29th
at 1:30 eastern for a court hearing. As this is near Halloween, and she has not cut her hair, we hear she will be dressed as Repulsive, uh I mean Repunzal and Baez will be dressed as the Evil Prince and Mason will be dressed as a horses's ass.
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Post by charminglane Wed Oct 20, 2010 4:29 pm

The frog. He will always be the frog.
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Post by artgal16 Wed Oct 20, 2010 4:41 pm

I forgot about the frog - except Baez is a toad
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Post by Wrapitup Wed Oct 20, 2010 5:19 pm

Speaking of frogs, where is our frogs????? :scratch:
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Post by Guest Wed Oct 20, 2010 6:32 pm

"duhfense"
:lol!:
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Post by charminglane Wed Oct 20, 2010 10:33 pm

I don't know where frogs is. I thought of her when I posted above.
Haven't seen her or her ribbit since Blog Talk Chat.
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