Casey Anthony's Civil Judge Recuses Himself

UPDATE #2!
7:11 PM EDT

In a session in the judge's conference room, Judge Munyon ordered the deposition with Morgan&Morgan for October 8,2011.

UPDATE!

According to a twitter message from Matt Morgan, a new judge has been assigned to the case. Circuit Judge Lisa Taylor Munyon will preside over a hearing TODAY at 3:30 PM (EDT).

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I was up bright and early to watch the hearing in the Zenaida Gonzalez case. Keith Mitnick and John Dill were there to represent her. For Casey Anthony, we got our first brief glance at Charles M. Greene, her civil attorney.

The Morgan & Morgan firm was in court to argue for Casey Anthony's deposition to be taken either in jail before she was released or on July 19. Greene had filed a motion saying that she was too exhausted after her trial and he was busy on the 19th anyway.

The hearing began at exactly 8:00 AM with Judge Jose Rodriguez taking the bench in the same courtroom where the murder trial took place. The attorneys then went to a 20-minute side bar. After they returned to their seats, Judge Rodriguez announced that he was recusing himself and the case would be assigned to another judge.

Casey Anthony will now have time to rest and relax in an undisclosed location as she "heals" from the ordeal of her murder trial.

Stay tuned for any updates on the fallout from the Casey Anthony case.

Casey Anthony Faces Civil Suits And Costs

I've managed to move on and now I am seeing the aftermath of Casey's not guilty verdicts. As is my personal preference, I am limiting coverage to the various lawsuits and financial issues that she will be facing for the near future.

On August 25th at 9:00 AM, there will be a hearing in which the prosecution will present the costs of the investigation. If you go back to the sentencing (part 1, part 2) Judge Belvin Perry laid out the lies Casey told to investigators and stressed the resources that LE put forth to find a missing child based on those lies. As we learned from the fraud hearing, there were fees attached. The last we heard about that was the hearing where it was discussed with Judge Stan Strickland. How much Casey would have to pay fell by the wayside as the murder trial loomed.

Next, Casey has to face the civil suit filed by Zenaida Gonzalez in 2008 for defamation. John Morgan served a subpoena to Casey and her civil attorney, Charles M. Greene for her to do a deposition on July 19, 2011 at his offices. Yesterday, he filed an emergency motion asking Judge Jose Rodriguez to allow him to take her deposition in the jail prior to her release. He based the motion on the fact that it has become known that it is likely that Casey will leave the jurisdiction upon her release and possibly adopt a new name and new appearance.

Her attorney has stated that he objects to the motion and that he considers it a"publicity stunt" that is "abusing the court process." He said he would not attend the deposition unless ordered to by the judge.

Next up is the TES motion filed by Tim Miller on July 12. In it, he is asking for reimbursement for the expenditures made in the search for Caylee Anthony. Although the amount he is asking is not in the motion, Mr. Miller has stated on various programs that the expenses ran about $112,000. He also stated that he is asking for an Internal Revenue audit of his books to back up his claims.

The motion is based upon the representations made to him by the Anthony family when he traveled to Orlando to assess the situation. Some key points he made in his motion were that:

P. 4, #25: Based on Cindy Anthony's request, Mr. Miller travelled to Orlando, Florida and met with CASEY ANTHONY, her parents, Cindy and George Anthony, and CASEY ANTHONY's attorney, Jose Baez, to determine whether or not TES could help with the search for Caylee, and whether it should dedicate its limited resources to the case.

P. 4, #26: Mr. Miller met with the Anthony family, including CASEY ANTHONY, Cindy and George Anthony told Mr. Miller, in the presence of CASEY ANTHONY, that Caylee was still alive. CASEY ANTHONY did not correct, question or otherwise comment on the representations made by her parents, Cindy and George Anthony, that Caylee was alive. In fact, CASEY ANTHONY likewise told Mr. Miller that Caylee was alive, and asked him to please bring her back.

There are over 40 paragraphs in the suit and well worth reading. TES is suing on two counts, FRAUD and UNJUST ENRICHMENT.

Jose Baez' opening statement to the court will come back to slap Casey if Mr. Miller and TES prevail in this suit:

P. 8 #55: CASEY ANTHONY gladly accepted the benefits conferred upon her by TES knowing, all the time that her daughter was deceased and that the search for her daughter was unnecessary, particularly to the extent that searchers were looking for a live child.

I was listening to InSession when Leonard Padilla announced that he is considering suing Casey Anthony for $200,000. Another one jumps on the bandwagon.

Finally, let's not forget that Casey has a tax lien against her for about $70,000 in unpaid income tax for the $200,000 she earned in 2008 by selling her daughter's pictures and videos to ABC.


Sources

Attorney Files Motion For Casey's Deposition In Civil Suit
Hearing in Casey Anthony civil case set for Friday
Casey Anthony's legal woes continue

The Case Against Casey Anthony: Hearing Postponed

After waiting for more than 45 minutes for today's hearing concerning the depositions, Morgan&Morgan attorney Keith Mitnick addressed Judge Rodriguez. Apparently, George and Cindy Anthony's attorney, Bradley Conway threw his back out and had to cancel.

At this point, Mitnick will have to wait his turn to find a new date. Trials & Tribulations will be checking back and will let you know when a new date is set.

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
RAW VIDEO OF HEARING

April is a cruel month for the entire Anthony family

There is a new slew of documents to be released tomorrow (or later today, depending on your time zone) and we who are ardently following the Casey Anthony case in the murder of her toddler daughter, Caylee Marie, are waiting to see what new information will be divulged. Those of us who read and analyze every document and every transcript are hoping these documents will reveal the "smoking gun" that will knock down whatever the defense may invent.

While waiting, I've been thinking about this past month. It was a very busy month with the press following the story's every twist and turn.

The last I reported, George and Cindy had completed their deposition "performances" for the cameras. Now, the proverbial "other shoe" has been dropped and they may be kicked in their financial butt.

Morgan and Morgan has filed a pair of motions to compel George and Cindy Anthony to answer those questions they refused to answer. Cindy's came first and received the most press. In reality, the motion only addresses one question that she did not answer. She was asked if her daughter, Casey, had ever used her credit cards without her permission.

Mrs. Anthony refused to answer in more-than-so-many-words. She claimed the question wasn't "relevant" and finally refused to answer, in spite of her attorney, Brad Conway's attempts to advise her.

Mr. Conway obviously knew that it was a question that she should answer, in spite of his protestations that it was an "ongoing investigation" and stated for her that, "My client does not want to answer that because it's going to affect her daughter's ability to get a fair trial on pending criminal charges."

Read the motion

The motion to compel George Anthony included more questions. In his case, one has to wonder why he refused to answer some of them when he had already supplied the answers while giving information to the FBI in his interviews. In some cases, the information he refused to give was given during TV interviews. Is it possible he wasn't forthcoming in those TV interviews?

Here is a list of questions he is being asked to answer:

"Were there incidences in the year leading up to the disappearance where your daughter had taken money, to your knowledge, that didn't belong to her?"

George refused to answer. In his interview with the FBI, he mentioned how Casey cleaned out Caylee's bank account and piggy bank. He also mentioned that she stole money from other places, such as her mother's purse.

There are a series of questions about Dominic Casey:

When asked if Cindy and George were paying his bill, Brad Conway asserted that it was privileged because it was work-product. When asked, "work product?" Conway stated that it was attorney-client. Gee... did you know that either of the Anthonys was a lawyer?

When asked about leads as to the location of Caylee's remains, George claimed to have heard nothing from Mr. Casey. He supposed the lead came from a psychic.

When asked about his search for the "real" Zenaida, Mr. Conway became very testy. He stated for his client that, "... it had everything to do with the fact that they were being investigated by the sheriff's office. There were obstruction of justice charges being thrown around."

Mr. Morgan replied, "That doesn't work."

When George was asked about the gas-can incident, he again refused to discuss it.

He also refused to answer why he told LE that he had a feeling his daughter hadn't been working for the past two years.

Finally, George refused to discuss the whole "pool ladder" incident.

Read the motion

It will be interesting to see what Judge Rodrigues will decide. The hearing is set for May 21.

One thing is for sure. If Judge Rodrigues orders them to answer any or all these questions, the Anthonys will probably have to pay the costs. All the judge has to do is read the provided transcripts or view the pertinent sections of the depositions to know that George and Cindy came in with very bad attitudes and made a disgrace of the legal proceedings.

On April 13, things went from bad to worse for Ms. Casey when the State filed a Notice of Intent to seek the death penalty. Jose Baez went on record saying that there were Forces Out To Get Casey Anthony. He further went on to give an exclusive interview with WESH to discuss the case. Being sweeps time, WESH spread that interview out for over a week!

I'm not sure what Baez was up to with the interview, but I've always heard him say that Casey has A COMPELLING REASON for all of this problem, and we'll have to wait to hear it at trial!

Meanwhile, we are able to consider Mr. Baez's words of wisdom as featured on WESH.

While Mr. Baez was dealing with the press and the death penalty, Casey's parents were on a rather pathetic press tour. Originally scheduled to appear on Oprah Winfry in May, the Anthonys decided to start their press tour with the 3rd rated morning program, the "Early Show." Oprah cancelled, Cindy says she cancelled, for INTEGRITY? Who really knows, but their performance on the "Early Show" was quite different from their appearance in the Morgan&Morgan depositions!

Finally, cruel April found Jose Baez making yet another motion to obtain extensive phone records from a "few" people involved in the case. Read the motion for the exact details of what records he wants, I have problems putting numbers in my pre-paid cell phone! So far, three of those mentioned in the motion have filed objections due to the unlimited nature of the records being requested. I'll be writing more about this motion and any new ones prior to the re-scheduled hearing on May 28 at 10 a.m.

Cindy and George Anthony's lawyer to appear in court today

Update!

The hearing has just concluded. I managed find a feed. Unfortunately, there was a problem with both the sound and the video and I wasn't able to hear Bradley Conway's main arguments. I was also unable to get a continuing feed to hear all of the responses by Keith Mitnik, the attorney for Zenaida Fernandez-Gonzalez.

In fairness to both parties here, I'll just go over the content briefly and give the judge's decision.

The main thrust of the discussion concerning the Anthony's mental condition and their stress levels. Apparently, Conway did not provide medical information as to their fitness to testify at the depositions. Towards the end of the hearing, Mitnik agreed that George, having recently attempted suicide could wait. He stated that Cindy Anthony's deposition was more important and should go on.

In his decision, Judge Rodriguez addressed the admission of media for live broadcast and coverage first. He allowed the media (television, print, etc.) 20 days to go back to their legal departments to have them prepare amicus briefs for the court as to why they should be allowed. He also allowed Conway the same 20 days to prepare medical information concerning how the depositions should be done (allowing for the Anthony's health situations). In addition, the judge ruled out written interrogatories as inappropriate in this situation. So, eventually, the George and Cindy Anthony will have to appear in person.

At that point, Mitnik asked that, if he went out and though about it for an hour, and came back and stated that the Morgan&Morgan premises was private property and he could bar the press from entering, could the judge allow the depositions to go on tomorrow. The judge did not allow for this as he had already stated the media had 20 days to file amicus briefs.

Mitnik then asked if he could schedule new depositions now for a date after the hearings, just in case. The judge allowed for this. This was the one humorous moment in the hearing. Judge Rodriguez directly addressed WFTV reporter Kathi Belich to ask her when sweeps week was! The judge doesn't want there to be any possibility that these depositions could be broadcast live during this particular week!


Yesterday, Bradley Conway, the attorney for Bradley Conway filed a Motion For Protective Order with Judge Jose Rodriguez who is presiding over the civil suit filed by Zenaida-Fernandez Gonzales and counter suit filed by Casey Anthony.

The Anthony's are scheduled to appear at the Morgan law firm tomorrow to give a deposition in the case. According to Conway's motion, the Anthony's were being subject to a circus-like atmosphere since it had been stated that he would invite the media to "watch, video tape and televise the depositions..." In addition, he stated that the motion was "...Intended to annoy, embarrass, oppress and create undo burden on the aforementioned deponents."

To bolster his argument, Conway also cited the fragile emotional condition of George and Cindy. He cites George's recent suicide attempt and the fact that both are seeking professional help in dealing with Caylee's death and the pending charges against Casey.

One item in the motion directly references the effect the deposition could have in the case against Casey Anthony. Conway states, "Mr. Morgan's proclamations create a circus like atmosphere surrounding a legal proceeding that affects not only the lives of the deponents, but may affect the integrity of the criminal case filed by the State of Florida against the Defendant in this case."

Conway also mentions that the Morgan firm could use written interrogatories to spare the Anthony's appearance in person. He also suggests that depositions could be placed under protective order and subsequently be redacted and placed under seal.

Finally, Conway indicates that Casey's attorneys have filed a Motion to Dismiss and is set to be heard in a hearing in May. He recommends that the depositions should be postponed until after that hearing.

What will the judge decide? Stay tuned for an update. As of now, there is no indication as to whether or not the hearing will be live-streamed.

Motion For Protective Order

Hearing Day for the case against Casey Anthony

Update #2!

This hearing went on so long, I'm just going to post my unedited notes for those who couldn't watch the hearing.

The hearing in Judge Stan Strickland's courtroom got underway and then came to a grinding halt when the prosecution did not accept Jose Baez's verbal waiver by Casey Anthony to be present. He stated that Casey has to expressly waive her presence and has to be in court to do so.

Judge Strickland commented that when they had gone to take Casey to court, she refused. Jose Baez felt that would be adequate to waive her right to be present.

The Asst. State's Attorney pointed out that they could bring Casey from the jail within 35-45 minutes. The prosecution feels that this hearing is of significant evidentiary value and she should be available for questioning by the court.

Judge Strickland then recessed to research the issue.

When he returned and as Jose Baez began to argue that all "these...," he was interrupted by the Judge who said they would bring her over and continue with the hearing until then..

We should be hearing from Casey in person today!

Linda Drane-Burdick begins by stating that the prosecution has not refused to turn over the, rather their contention is that if the photographs should leave the jurisdiction, the Florida Laws have "no teeth."

The only individuals who have access to the disks now are the ME and herself. The experts for the State have access to the photos via a secure computer with passwords. The only other copy of the photos is the one she has to present to the prosecution.

Drane-Burdick points out that this is not an unusual situation. There are other cases where photos are sensitive and exempt from public record. Experts come to the office of the State Attorney to view them.

In this case, they would give the disks to Baez and allow him to show him to the experts within his presence. If they were sent out of state, the experts would not be bound by Florida statutes.

She says they are not attempting to restrict the defense's access, only to protect the sensitive information and to protect the memory of the deceased.

The judge states he is "stumped" on this. He would like to find a way to give them access with less restriction. He is with her "in spirit."

She also suggests that the court could fashion other remedies within the confines of the laws.

Jose Baez is then addressed by the judge. He says he doesn't expect he would "do such things" but that he's seen his experts speaking on tv and lacks total confidence.

Baez says there is word out there that there is a deal pending for sale. He wants to send the images to Henry Lee, Dr. Kathy Reichs, Dr. Fierro, Dr. Werner Spitz, Linda Kenney-Baden, and possibly the forensic entomologist, Dr. Timothy Huntington, the forensic botonist, Dr. Bach.

The judge asks if there are any states he's left out! He's concerned with the number of locations and the possibility for leaks.

Baez says that since he's been charged with the remains of Caylee Anthony, he has not said a word about them and has been careful with the information. He has to rely on the confidentiality agreements with them all. He feels they are the foremost experts and would not ruin their reputations by selling the images.

The judge wants to know what remedy Baez has. He suggests the State bring them down to Florida to examine them.

Baez replies that there is no one remedy which would "clean the slate." He can't assure the judge that the photographs could get out, but not from him or his people.

The Anthony's attorney, Brad Conway speaks for them. He says it would be a nightmare for them if the photos were to get published. They understand that the lawyers or the experts would not leak them, they are concerned with the "middle people."

Ms. Drane-Burdick mentions the number of people who would receive the photos again. She also brings up the legislation which was passed to deal with the internet dissemination of the pictures.

She doesn't want the court to deny access, but that it is restrictions on duplication and transmission of the documents.

The judge's concern is that experts might have to make multiple visits to Orlando if they decide they want to see the pictures again. Drane-Burdick points out that the defense chose experts from all over the country.

The judge asks if they could make copies of the disks and have them sent out to the experts and returned within a time limit. Drane-Burdick replies "if you want me to tell you I told you so."

Baez points out that there could be a problem with distinguishing these photos from others that the Sheriff's Office has and that he already has.

He goes on to state that there have already been numerous "leaks" and doesn't want the defense blamed if there are "leaks" of photos other than the ones on these disks.

Baez says he is willing to sign any agreement he and Drane-Burdick comes to. The judge replies that his signature on a paper would have no weight in another state like North Carolina.

The judge will come to a decision on this.

The judge mentions the issue of a Special Master to oversee the interviews with Dominic Casey. Baez says that he wants to be present during any questioning or have the Special Master appointed because Mr. Casey was employed by the defense at one time and matters of privilege could arise.

Drane-Burdick states he's already talked to LE concerning subsequent events and that the issue is moot. Mr. Baez can address the issue when the documents become public.

Court takes a break as Jose Baez wants a moment with his client before she appears in court.

Casey Anthony enters the courtroom, is sworn in and answers questions from the judge. She states that she gave Jose Baez her verbal waiver. She will be required to appear for future substantive hearings.

Jose Baez claims that in the future she will sign written waivers. The State feels that she should be present so if there are issues do not have to be brought up at a future date.

Judge Strickland rules he will decide on a case-by-case basis.

Casey remains in the courtroom for the remainder of the hearing.

Jose Baez adresses the court on previous motions and suggests a remedy for the photographs. They would to agree to set up a secure data base on his server in his office that is secure and password-protected. They would use the same contractor as the ME's office used.

Drane-Burdick would also want assurance that the photographs would not be duplicated if the system could be set up.

The judge likes this idea, assuming it could be set up. He grants the states motion to restrict until the secure site is set up. He wants a sworn affadavit from Baez' people they have not reproduced the photos.

Baez addresses the issue of Dominic Casey. He requests that, before the information is turned over to the prosecution, the judge review it in camera to be sure there is no privileged information. The prosecution agrees.

Baez asks again for information of Zenaida Gonzalez which was granted under the original case. The prosecution says he already has everything that has been reduced to writing. Baez says there are only two reports when he's heard there is a whole binder of information. The prosecution states that if Baez wants more, he'll have to file a motion and do depositions.
The motion is denied.

Baez also wants the DNA results from George, Cindy, and Lee Anthony. The prosecution says that the FBI is still in possession of that. Baez asks for it within 30 days. The judge grants the motion.

The next items are the fingerprint results. The prints were taken on December 12 and sent to the FBI. The judge asks if Baez was given a copy of the print cards. Baez asks for 60 days. Reports do not exist at this point and the motion is denied without prejudice.

Baez would like to verify the veracity of Tony Lazzaro's calendar. This has been discussed before. The prosecution mentions that there's no way to copy the desk calendar and Baez is free to visit the Sheriff's office to examine it. Baez offers to go there and xerox it piece by piece so he can have the information. They offered the inspection months ago and Jose has 15 days to go there and inspect it.

Baez is asking again to inspect and test the hair. The prosecution has a problem with testing. He says that if he can do a test if one of his experts wants and it is not destroyed. The hair is expected back within 2 weeks. The motion is granted. Any testing would be dealt with later.

Baez goes on to the maps, photos, and reports. The prosecution says no such maps exist. Apparently, Baez wants the maps the Sheriff's Office used in the search. The prosecutor is still confused as to what he is asking for.

Drane-Burdick points out that there is no reason to preserve maps where Caylee wasn't found. It is also pointed out that the prosecution will give them whatever they can get for the area where the body was found. It is pointed out that the prosecution can't give him what they don't have. Baez could also do some depositions.

In his request for the video visitation, Baez points out he received the same videos later released to the public. He is asking now for the one from August 14. The prosecution though he had it. They will deal with it.

Next up is the application for a subpoena duces tecum for the EquiSearch records. The judge points out there is nobody from EquiSearch there. Drane-Burdick points out that the court has no jurisdiction in Texas. She doesn't know if EquuSearch would be willing to turn those records over to Baez.

Baez points out that they did work with the Sheriff's Office. The judge says that they may just give the information to them. Baez is free to subpoena them, but they are in Texas. The judge doesn't rule on this.

Baez also brings up the reports about the car. He has still not received them. He has received the photographs. Drane-Burdick says the reports are quite voluminous and they are still working on them. She is willing to try and get incomplete reports if the judge so orders.

Baez says, "I can't wait another 7 months for them."

Drane-Burdick says that they are under no obligation to prepare reports, and also points out that they have other obligations as well as these reports! The judge allows 30 days.

Baez next mentions the search warrant affadavits and the prosecution has no objection.

Next! They polygraphs that were granted under the previous case still haven't been provided to him. Drane-Burdick's says that it's her recollection is that the State would provide a list of names of those polygraphed, but not the reports. They are inadmissable, but Baez can inquire who was tested. Baez says that the names are no good without the results. There is a discussion of the difference between discoverability and admissability.

The judge says he's never had this issue before.

Drane-Burdick says the polygraphs were done by the FBI and if they are willing to release the results, the prosecution will turn them over to them.

There is no action taken on the motion.

With that, the hearing is adjourned.

A new date will be set for the pre-trial hearing originally to take place January 15.

Fox News

CNN

Update #1!

The first hearing is over and Judge Rodriguez made a very fair decision. He gave Zenaida Gonzalez' attorney, Keith Mitnick a choice. He could either postpone the deposition or use written interrogatories and receive replies from Casey Anthony within 30 days.

The decision allows for Zenida's rights to clear her name as quickly as possible while allowing Casey Anthony to maintain her Fifth Ammendment rights. If the results of the written answers do not suffice, Casey could be deposed at a future date.

Mitnick chose to submit written questions and will wait the 30 days for a reply from Casey and her attorneys.

The hearing was not without its awkward moments. Baez Law Firm attorney Jose Garcia was standing in for the attorney of record for the case, Jonathan Kasen. Mr. Garcia had intended to have Mr. Kasen plead the motion over the telephone. However, Judge Rodriguez pointed out that arrangements for this would have had to been made quite a while ago. That given, Garcia then asked Jose Baez to argue the motion. Mitnick objected, pointing out that Mr. Baez was not the attorney of record on the case. Garcia then conferred with Baez and called him as a witness! This also was not allowed and Mr. Garcia had to do the arguments on his own.


Well, we have two hearings today!

The first is in Judge Rodriguez' courtroom at 11:00 AM.

The second is in Judge Strickland's courtroom at 1:30 PM.

As of now, Fox35 will be carrying both hearings.

Visit back for updates on both hearings!

Catching up on the case against Casey Anthony

COMMENTARY

I've been gone for a while, but I've been closely following the case against Casey Anthony. With Caylee's positive identification by the medical examiner, I was hoping that the circus surrounding this case would end and that the serious business of court procedure would flow more smoothly.

That did happen for a short time. The defense wasn't allowed to "assist" the CSI team and the FBI in the painstaking sifting of soil at the scene. Henry Lee was limited to the view he could get from his camera, behind the yellow tape. I wasn't surprised that the defense then turned around and ignored that piece of land where little Caylee's remains were found. They knew there was nothing more to find.

Now, Caylee's tiny bones rest in a funeral home, waiting for Dr. Werner Spitz to examine them on his own. Since Jose Baez requested the documentation from the "autopsy" conducted by Orlando County Medical Examiner, Dr. Jan Garavaglia, little Caylee's funeral has had to be put on indefinite hold.

Today, the news about the case has focused on those remains. According to WESH,

The discs include X-rays and photos of her body, which were supposed to be delivered to the defense under a court's order. But in a new motion, the Orange-Osceola State Attorney's Office said it has concerns that the images will be reproduced and sold, according to WESH 2 reporter Bob Kealing.

In this motion, the state argues that substantial licensing fees have been paid for pictures and video of Caylee taken while she was alive. That is why prosecutors want the judge to place special restrictions on digitized images of the remains before they hand them over to attorney Jose Baez and his defense team.

In court documents prosecutors say they have three discs ready to hand over, but they want the judge to order Baez not to reproduce those images in any way. They also want restrictions placed on whom Baez can show the images.

I don't know if the prosecution will prevail in this instance, but the motion does bring up a number of questions that have never been answered about the proceeds from the licensing of those pictures and videos. Who did receive all the money?

The Baez Law Firm also got a verbal spanking from civil judge Jose Rodriguez. From WFTV

Casey Anthony's defense team wanted to avoid having her testify in connection with the civil trial, which could then be used against her in her criminal trial. Baez had hoped the deposition could be delayed until after the criminal trial.

During Tuesday morning's brief meeting, the judge refused to hear the request and scolded Jose Baez's team for personal attacks against Morgan and Morgan, the law firm representing Gonzalez, and said Baez was taking the profession to a new low.

The judge told Baez to stick to the law and said that the request for a hearing didn't follow proper protocol and that there was not enough notice given to make such a request.

Apparently, Jose Baez and his attorneys haven't learned proper procedure for filing motions despite assistance provided them by Judge Stan Strickland last year! I hope they all get on a learning curve about basic court procedures.

As far as the verbal spanking that the Baez Law Firm received, perhaps they also need to learn that it's not nice to snipe at the opposition in the actual counter suit. Paragraph 7 of the suit states:

The Plaintiff and her attorneys knew this when they filed said lawsuit yet went through with this frivolous lawsuit so as to generate publicity and press for their law firm. A law firm, it should be noted, which utilizes highway billboards in order to advertise their services. This lawsuit allows them to generate further publicity for their law firm without paying thousands of dollars for a billboard.

Somehow, I'm not quite following that legal argument! Indeed, I'm thinking just WHO here is benefitting from the publicity in this case the most.

As I recall, the whole issue in this situation is that after Morgan filed the case on Zenaida Gonzalez' behalf, The Baez Law Firm filed a counter suit. According to Morgan, that left Casey Anthony open to deposition in support of her counter suit. From what I understand, Casey's taking the 5th to questions asked of her would cause her to lose her suit. It's a very bizarre situation!

There will be a hearing on the matter this Thursday, January 8.

Meanwhile, things have been pretty quiet on the Anthony Family Front. That's probably because they are all now listening to their lawyers for a change. Oh, and their all waiting for full immunity before interacting with Law Enforcement again.

It does seem like the circus is starting up again. I haven't even begun to mention the ways. The Meter Reader, the Psychic, Leonard Padilla, etc., etc., etc.!