Thursday, August 27, 2009

The Case Against Casey Anthony: Judge Strickland Rules on Tim Miller


Leonard Padilla & Co.

WESH is reporting that Judge Strickland denied the defense motion to keep Leonard Padilla and his people from testifying at trial or giving depositions.

In his ruling, Judge Strickland indicated that the language in the agreement was vague as to the nature of "privacy" and indicated that the parties to the agreement seemed to be in agreement as to what it meant.

Strickland cited the definition of privacy as:

...the right to be let alone and free from governmental intrusion into the person's private life... Article 1, Section 23 (Fla. Const.)

He also indicated that the services rendered by Padilla & Co.

...would appear to encompass only general responsibilities normally associated with security, ie.e., preventing unwanted intrusions, and providing protection from threats of physical violence as detailed by George Anthony.

The section of the decision which clinched it was the fact that

... the agreement states, inter alia...

This agreement does not create a relationship in so far as that (sic) the parties fo the second part are in no way hired by or represent the firm or the defendant. (Privacy Agreement, August 19th, 2008, p. 2)

The language referenced above would seemingly negate any agency agreement under 90.502, Fla Stat.

It would seem that Jose Baez was defeated by his own language and his own witness.

Tim Miller

Judge Stan Strickland has ruled on the first of three motions that remained unresolved at the end of Friday's hearing.

In the hearing, Tim Miller's attorney, Mark NeJame had indicated that Tim Miller was willing to offer to have Miller turn over information pertaining to 32 searchers who had searched within 200 yards of the actual crime scene and come to Florida to give a deposition in the case.

Theses offers have been encompassed in the ruling.

In addition, the defense will have the opportunity to examine the documents pertaining to the other searchers in NeJame's office. The court will also appoint a monitor, at the defense's expense. NeJame will also have the right to monitor the review.

If the defense is able to identify any other searchers who were

"in the immediate proximity of where the remains of Caylee Marie Anthony were found, said searchers may be presented to the Court for an in camera review and inspection so that a decision can be made by the Court to determine materiality, relevance, and possible disclosure."

The defense will not be permitted to take notes or photograph the information. The judge will have to approve any disclosure or release made about any of this information.

Casey Anthony is responsible for all expenses, which must be paid in advance.

While this is a "victory" for the defense, it is also a victory for TES. The judge, in his ruling, agreed with NeJame and what we see is what NeJame asked for.

What is best here is that Judge Strickland limited any additional searchers to the immediate proximity of the crime scene, although he does not give an actual distance.

Watch T&T for updates on the other motions still being considered by Judge Strickland.



While I'm here, let me tell you about one of my favorite blogs about the case. Check out Marinaide Dave's Mindblogging. He has a wonderful take on the case!


Ronni said...

If this case, with all its side issues (especially this one about hauling searchers into court) changes the way people think about volunteering for searches, it will be a very bad thing.

Making Casey Anthony responsible for all expenses...does that mean travel, accommodations, wage compensation, etc?

ritanita said...

Hi Ronni,

In court last Friday, Mark NeJame suggested all the provisions in Judge Stricland's decision. It's not allowing for Baez to go fishing in the pool of all the searchers, which is what Baez wanted. He will have to find that any additional potential witnesses were in the area the remains were found. Let's hope the public exposure with this procedure is minimal.

As to the expenses, Casey will have to pay quite a bit for this. They will have to cover all of Miller's expenses to travel to Orlando. I'd say that would also include hotel and other accommodations. Then, Baez will have to pay to have him deposed: a rough expenditure of about $1000.

Then there are the expenses for the court appointed monitor and the one from Mr. NeJame's office.

Let's not forget the cost of deposing the searchers who were near the remains site. If they are from out of town, there will be travel expenses and deposition expenses.

Yes, indeed, it will be a very expensive proposition.

Summer's Mom said...

So, who's her sugar-daddy?

Anonymous said...

And who pays for this? I am amazed, truly, that these things can be so drawn out and so expensive, and wondering who ultimately picks up the tab? Can there be so many supporters of Casey out there who will shell out?
Her family is not one of wealth, oh, well.......everybody is entitled to a defense, and those who can shell out get something better, so it seems.

ritanita said...

Who's footing the bill is the biggest mystery in this case. I hope we find out some day.

One day Baez threw out the figure of $1000 as the cost for a deposition. If he deposes all 32 so far identified, that's a minimum of 32 grand plus expenses.

It's quite an expensive fishing trip.