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

UPDATE!

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.

ORDER

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.

ORDER

ARTICLE

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!