Tuesday, May 19, 2009

The Case Against Casey Anthony: Motion to dismiss denied. More fireworks Thursday

In a brief hearing this morning, Judge Jose Rodriguez ruled against Casey Anthony's motion to dismiss the civil suit filed against her by Zenaida Fernandez Gonzalez. At the same time, he granted the motion filed by Morgan&Morgan attorney Keith Mitnik to amend the original suit to include punitive damages based on additional information.

Mitnik began by stating that the motion to dismiss was moot since they had a proffer for punitive damages due to additional evidence. I would think that he was referring to Cindy Anthony's deposition in which she admitted that she "published" Casey's statement that she never saw a picture of Zenaida when at the Sawgrass Apartments.

Casey Anthony's attorney, Jonathan Kasen retorted that they were only delaying the inevitable, that the motion to dismiss would be the same whether or not Mitnik amended the motion. He explained that Mitnik hadn't proven that THIS Zenaida is THE Zenaida. He stated that until they could establish that their client is the person connected to the case (Zenaida's name is common) they can't prove she is the one. Later in the hearing, he went on to state that in Orange and surrounding counties, there were 23 people with that name. He also referred to the lack of the letter "z" on the end of her name on the card from Sawgrass.

Mitnik replied that, "No other Zenaida Gonzalez in the history of the world is associated with Sawgrass" and THAT was a defamation to her. Kasen stated that, "we described somebody different. Casey described someone else."

The Judge shut down further argument of the facts of the case by stating that has to look at the case as if every single admission were true. A motion to dismiss doesn't get into the veracity or weighing of issues.

There was also a brief discussion about Casey Anthony's interrogatories during the hearing. Kasen explained that, due to the criminal proceedings and the possibility Casey could "get the needle," she had no choice but to cite her Fifth Amendment rights. Judge Rodriguez pointed out that when the decision to allow the interrogatories was made, the facts were different. (Casey wasn't facing the death penalty at that time.)

At that point in the hearing, it was pointed out that the motions to compel would not be heard until Thursday. I would expect that hearing is going to be the one with the true fireworks!

I have to say that I admire Judge Rodriguez for keeping this hearing on track. He only allowed the attorneys to discuss the motions that were on the calendar for today. Since George and Cindy Anthony were in the courtroom, I would assume they believed the motions to compel would be discussed. They certainly didn't look happy at the end of the hearing.

The best part about the hearing was that we heard some of the arguments that will be discussed on Thursday.

Mitnik will stress the fact that the police were led to Sawgrass Apartments by Casey Anthony. The only Zenaida Gonzalez associated with the apartment was their client. The fact that Casey lied to authorities would not mitigate the effect the accusation had on their client. It was his client who was questioned by police and involved in the case when Caylee was still missing.

Kasen will continue to argue that Mitnik can't prove that this lady is the correct one. He will point to the fact that Cindy and George Anthony both said she was not the woman that was described to them. I think the largest problem will be that fact that their daughter is a liar and nothing she says can be believed. He will probably bring up Cindy Anthony's favorite part, that it was C. Zenaida Gonzale who signed the card at Sawgrass. That was one of her "better" moments in her deposition. Of course, that argument is totally negated by the fact that it was a Sawgrass employee who filled out the card!

Thursday should be quite an experience. Each and every Anthony has been served with a Motion to Compel answers from the depositions and Casey's interrogatories. While I believe that the judge may change his decision about Casey (due to the death penalty), the rest of the Anthony family will be on the hot seat.

Will Lee have to say who he thinks Caylee's father is? Will he have to say who he thinks murdered Caylee?

Will George have to admit to Casey's thieving ways?

Will Cindy have to admit Casey charged up a storm on her credit cards? There is so much more Cindy may have to say. Read her motion for the details!

The answers to these questions will hopefully be answered on Thursday! Stay Tuned!

Zenaida’s Original Lawsuit
Casey’s Suit Against Zenaida
Proffer Of Support For Punitive Damages
Motion to Compel Lee Anthony
Motion to Compel Casey Anthony
Motion to Compel Cindy Anthony
Motion to Compel George Anthony


Anonymous said...

LOL...I'm staying tuned alright RitaNita! Thanks for the great entry! I was out and about this morning and couldn't catch the hearing live! You've brought me up to speed and I'm ready for Thursday's hearing.

I just have to laugh at the fact that George and Cindy thought that perhaps the motions to compel would be discussed today. Hello! It's scheduled for Thursday! Did they think because they showed up it would be discussed? Do they really think that they are THAT important? Oh me....those two! What a crazy pair they are.

Anyway, Thanks for the update!!!


ritanita said...

Ms. Kitty, I'm thinking that Mr. Kasen wasn't up on the judicial calendar in this case.

It was clearly stated in the press that the motions to compel would be dealt with on Thursday.

I too, was originally confusd by the two dates, but I did my homework and straightened out the issue in about 5 minutes. Mr. Kasen should have better records than I do!

katfish said...

LOL, That's what happens when the attorney of record doesn't show up for hearings or depositions...they get confused....Doh!
Thanks for the update Ritanita!

ritanita said...

katfish, I think his rather rude comment about the extra trip from Ft. Lauderdale at the end of the hearing says it all!

Isn't he getting paid enough for all those trips to Orlando to attend those depositions???

Anonymous said...

LOL...it's a two hour drive each way (from Orlando to the Ft. Lauderdale area) if I recall correctly from my college days. To bad, so sad Mr. Kasen! Ya snooze, ya looze! LOL! I'm sure he has a comfy little automobile (BMW like Bozo has maybe?) to make the drive much easier, and besides...he's got nothing better to do. Casey is prolly only one of few clients he has! MOO!


Anonymous said...

When I saw the Anthony's on Larry King last week with their new foundation, I wrote them a letter: they have nobody with nonprofit experience in their family and are not qualified to run a nonprofit foundation; they are diverting money from deserving groups already established; and this is the worst time to start up a new nonprofit.....fundraising is bad right now! And the "foundation's" address is their home address! Not a professional presentation.

If truly they are interested in missing children, there are plenty of ways that they could help.....and who would send money to them?
Wes J.

donchais said...

I'm pretty sure that George and Cindy were confident that Kasen would get the civil case tossed - didn't work!

The totally disgusted looks on their faces at the end of the hearing were priceless. Bet they were thinking - doh, we're still in deep doodoo!

Wes, that foundation is so bogus, but then again, what about the Anthony's isn't?

Fine report Ritanita!

Anonymous said...

I watched some of the video from the depositions that Cindy and George gave in the civil case. Their utter disrespect for the process was unbelievable....particularly gum- chewing Cindy's. I am sure that their lawyer was appalled at their behavior. Then...they go on a media tour...Larry King Live and others...to try to clean up their images. What a joke. Cindy showed herself to be...arrogant, smug and deviant. It is easy to see where Casey gets her ways.