Thursday, December 17, 2009

The case against Casey Anthony: Strickland Denies 2 Motions

Update #2!

As was expected, Judge Strickland denied the defense's motion to toss out the death penalty. WFTV reported that:

In his ruling, Judge Stan Strickland said the issue of whether to sentence Casey Anthony to death, should she be found guilty, is one best left for a jury to decide. “While the quantum of evidence sufficient to seek the death penalty will virtually always be an issue, that matter is generally best left for the jury,” Judge Strickland wrote in his ruling.

JUDGE'S ORDER: Death Penalty



Update #1!

Thursday, December 17

The Orlando Sentinel is reporting that Judge Strickland has denied the motion regarding the videotaping of attorney-client meetings. They report that:

A judge w
on't stop Orange County Jail officials from recording visits between Casey Anthony and her attorneys.

Orange CircuitCourt Judge Stan Strickland ruled Thursday on the defense's request to stop those recordings. He wrote in the two-page order that he can't force the jail to "cease and desist from videotaping Ms. Anthony's meeting with her attorneys."

However, he does have concerns about content of any videotape that might be released and has seen at least one that would impact Anthony's right to a fair trial, Strickland wrote.

JUDGE'S ORDER: Denies Video Motion


Wednesday, December 16


Just reported live on InSession. Judge Strickland has denied two motions from the hearing on Friday, December 11.

He has denied the motion to dismiss charges in the fraud case.

He has also denied the motion to destroy family videos.

He also issued a formal ruling on the Joe Jordan tape.

According to WFTV,

Judge Stan Strickland ruled on three motions Wednesday in the case against Casey Anthony. WFTV.com is working to post them as soon as possible.

A motion for protective order was granted in regards to an interview with EquuSearch volunteer Joe Jordan.

The judge also denied the defense's motion to destroy videos of family visits.

A double jeopardy clause motion filed by the defense was also denied.

JUDGE'S RULINGS: EquuSearch Dismiss Counts Jail Videos

Watch here for further updates.

12 comments:

shari said...

I think these rulings were probably expected by all concerned. The defense was just going thru their expected motions. Anything is worth a shot when you are defending a death penalty case IMO. If you aren't filing these motions...you aren't doing your job as a defense atty.

ritanita said...

Shari, I also think the DP motion will fail as well. I would expect, however, for Judge Strickland to some serious research before making his decision for purposes of appeal down the road.

What I'm waiting for is the motion on the lawyer's visits. The defense argued both motions on the videos at the same time, but he'll have to respond to each separately.

I know that the Baez "hugging" issue got leaked from the jail, but never an actual video. The trouble is, there will be guards there to "leak" in the future... at their own peril, I might say.

I have a feeling and it is only my opinion, but I think that the judge could rule that the intercom be disabled during visits or change the room where they meet.

Since the meetings take place in a classroom, it is understandable there be a working intercom. It would be easy for anyone to flip a switch and listen in.

I had experience of that myself and it's a very uncomfortable feeling.

shari said...

The atty. visit video ruling just came down......video will continue (no special privelege for Casey) but none of it will be released until after trial (I believe that was the wording)

Anonymous said...

I'll bet the Lyon is outraged.

September moo

ritanita said...

Shari,

I thought the judge might give them an inch on this one.

I just re-read the order and Strickland said that he'd considered not allowing the videos to be released until after the trial. He found no legal justification in doing so. He did say that any video requested would first be reviewed in camera prior to its release to assure that its contents would not be prejudicial.

Strickland pointed out that this had been previously done. I think this is in reference to the video of Casey's reactions to the discovery of the remains.

He did indicate a concern that the process would make release of any such videos timely since there is such a long delay in the trial!

It did take a bit of extra attention to figure that out!

September, I tend to agree. I have a feeling that there's a reason she doesn't want any video. Ms. Casey does have a temper as we know.

shari said...

Thanks for the clarification ritanita, I have a tendency to get bogged down in some of the wording of the legalese on these things. I usually rely on a recap by the media, but have been misled a few times by even that. I wonder if the defense is stressing the seriousness of this to Casey now that these rulings are not going the way they want. Her outcry of "make him stop" leads me to believe she is finally seeing that she may not be able to lie her way out of this one. Someone or something is finally going to hold her responsible for her actions. Do you know if it is too late for the defense to plea her out??? It may be the only way to save her life.

ritanita said...

Shari,

I've heard a number of experts say that they doubt the State will offer any kind of a deal at this point.

The main problem coulb be Casey herself if there were a plea offered. Even though she seems to have lost heart with her show the other day, I wonder if she would be willing to take a plea. I can't imagine her getting up in open court to tell how Caylee died.

Now, I do think there is a chance for a plea in the check fraud case. The judge has mentioned that option a couple of times and, at the last hearing, seemed adamant that THAT case WOULD be closed out before the murder case. I think he's hinting strongly for a deal.

Again, the only one who can take a deal is Casey.

shari said...

ritanita, I keep watching the video of Casey breaking down and crying. I still cannot figure out if this looks like real tears. The "one" kleenex she uses never really seems to get wet, only wadded up. I didn't see any real tears or (sorry) nose running, as it would if you were really crying. She constantly wipes what looks like nothing from the corners and under her eyes. Were you at the hearing??? And if so, what was your impression? Real, or manufactured tears??? She literally fascinates me as how she can remain so calm and seemingly detached from this. I would think that she would have lost weight, started looking bad, and would really be a mess....especially if she had done NOTHING..muchless if she was the murderer and fearing a life in prison, or death. I just don't get her reactions to things. Cindy, on the other hand, is very open with her emotions....even though they are bizarre and based on fantasy. I can find her more understandable. Denial is the way she is coping with her only daughter possibly being a murderess. So.....real tears or not??? Your opinion.

ritanita said...

Shari, I couldn't tell much as I was watching it both on TV and on the computer.

But, if you look at the picture in the article, you can see in the Orlando Sentinel photo that her face is dry. If you click on the link in the caption, you can see all the photos that were taken in the courtroom. I don't see any sign of moistness.

I agree about her Kleenex. It never gets soppy. Then, there's also the fact that every time she wipes under her eye she looks at her finger or the Kleenex as if to see if there are any tears. That's my opinion.

ritanita said...

Shari, more about Casey's tears at Lillian Glass's blog:

http://www.drlillianglass.com/blog/?p=339

She has also posted articles on Casey at the hearing and George and Cindy on the Today show recently.

It's fascinating.

shari said...

thx ritanita.......very enlightening

Crimes & Justice said...

This case seems so obvious. She is one of the best liars I have seen in real life.