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
Showing posts with label Keith Mitnik. Show all posts
Showing posts with label Keith Mitnik. Show all posts
Tuesday, May 19, 2009
Monday, May 18, 2009
Hearing tomorrow in Zenaida Gonzalez Case: Casey Anthony seeks to have suit dismissed
There will be a hearing in the case of Zenaida Fernandez-Gonzalez tomorrow at 10:00 AM in Judge Jose Rodriguez’s courtroom. According to the article published at the WESH website, Casey’s attorneys are seeking to have the suit filed by Gonzalez dismissed.
In recent depositions, both George and Cindy stated that they had never seen the babysitter but knew she was a “10" while the plaintiff isn’t. Apparently, that’s all the testimony it will take to have the suit dismissed if Casey’s lawyers prevail.
On the other hand, Gonzalez’s attorney, Keith Mitnik stated in the article that he doubted the suit would be dismissed and that, "There could be some fireworks."
In addition, the Morgan and Morgan firm has recently filed a new document entitled PLAINTIFF’S PROFFER IN SUPPORT OF ADDING CLAIM FOR PUNITIVE DAMAGES AGAINST DEFENDANT CASEY ANTHONY AND INCORPORATED MEMORANDUM OF LAW.
To briefly summarize the motion to file an added claim for punitive damages, the Morgan & Morgan firm stated:
...Caylee’s grandmother, Cindy Anthony, called 911 when her daughter Casey Anthony, Caylee’s mother, would not tell here where Caylee had been. Cindy had not seen her granddaughter for weeks and became very alarmed when she admitted that she smelled the odor of a “dead body” in the trunk of Casey’s car.
The motion goes on to recount how Casey had told the investigators that she had left Caylee at the Sawgrass Apartments (on June 16). It also states that this Zenaida Gonzalez had ridden to the same complex to view an apartment on June 17.
Leasing agent Harry Garcia filled out a guest card, including the names of two of Plaintiff’s children, Ms. Gonzalez had ridden to the property in a car with New York plates. This detail, along with others, subsequently ended up in part of the ever-evolving description of the supposed kidnapper...
The motion continues with the details of the way in which this Zenaida had been identified and questioned by investigators.
According to police reports, Casey Anthony was shown a photo pack containing Plaintiff’s photo and Casey Anthony did not identify her...
The document continues with the “Jail Defamation And Subsequent Publishing.” This section goes to the heart of the motion. You may remember from the depositions and jail videos of Casey with her parents, that Casey denied being shown a photo of this Zenaida Gonzalez. Casey also gave her mother permission to publish that information. Shortly thereafter, Cindy repeated this information in an interview.
In addition, when Casey answered the interrogatories for the case, she wrote her name and went on to claim the Fifth Amendment privilege on all the other questions. She refused to state that the Zenaida Gonzales pictured was NOT the person she described.
It’s interesting that in Casey’s countersuit, she claims to have been shown the picture and denied this was the correct person. When it comes time to repeat something she states in her counter-suit, she refuses!
I’ll be watching for any live coverage of tomorrow’s hearing and will cover it here on Trials & Tribulations if possible.
Meanwhile, we have another hearing in Judge Rodriguez’s courtroom this week. I believe it is for the 21st. Unfortunately, I checked his calendar and it does not include any hearing for that date yet.
At this point, all four Anthonys have motions to compel filed against them. Let’s hope that the good judge will rule on them all then!
Documents:
Zenaida’s original lawsuit
Casey’s response and countersuit
Zenaida’s proffer
WESH article
In recent depositions, both George and Cindy stated that they had never seen the babysitter but knew she was a “10" while the plaintiff isn’t. Apparently, that’s all the testimony it will take to have the suit dismissed if Casey’s lawyers prevail.
On the other hand, Gonzalez’s attorney, Keith Mitnik stated in the article that he doubted the suit would be dismissed and that, "There could be some fireworks."
In addition, the Morgan and Morgan firm has recently filed a new document entitled PLAINTIFF’S PROFFER IN SUPPORT OF ADDING CLAIM FOR PUNITIVE DAMAGES AGAINST DEFENDANT CASEY ANTHONY AND INCORPORATED MEMORANDUM OF LAW.
To briefly summarize the motion to file an added claim for punitive damages, the Morgan & Morgan firm stated:
...Caylee’s grandmother, Cindy Anthony, called 911 when her daughter Casey Anthony, Caylee’s mother, would not tell here where Caylee had been. Cindy had not seen her granddaughter for weeks and became very alarmed when she admitted that she smelled the odor of a “dead body” in the trunk of Casey’s car.
The motion goes on to recount how Casey had told the investigators that she had left Caylee at the Sawgrass Apartments (on June 16). It also states that this Zenaida Gonzalez had ridden to the same complex to view an apartment on June 17.
Leasing agent Harry Garcia filled out a guest card, including the names of two of Plaintiff’s children, Ms. Gonzalez had ridden to the property in a car with New York plates. This detail, along with others, subsequently ended up in part of the ever-evolving description of the supposed kidnapper...
The motion continues with the details of the way in which this Zenaida had been identified and questioned by investigators.
According to police reports, Casey Anthony was shown a photo pack containing Plaintiff’s photo and Casey Anthony did not identify her...
The document continues with the “Jail Defamation And Subsequent Publishing.” This section goes to the heart of the motion. You may remember from the depositions and jail videos of Casey with her parents, that Casey denied being shown a photo of this Zenaida Gonzalez. Casey also gave her mother permission to publish that information. Shortly thereafter, Cindy repeated this information in an interview.
In addition, when Casey answered the interrogatories for the case, she wrote her name and went on to claim the Fifth Amendment privilege on all the other questions. She refused to state that the Zenaida Gonzales pictured was NOT the person she described.
It’s interesting that in Casey’s countersuit, she claims to have been shown the picture and denied this was the correct person. When it comes time to repeat something she states in her counter-suit, she refuses!
I’ll be watching for any live coverage of tomorrow’s hearing and will cover it here on Trials & Tribulations if possible.
Meanwhile, we have another hearing in Judge Rodriguez’s courtroom this week. I believe it is for the 21st. Unfortunately, I checked his calendar and it does not include any hearing for that date yet.
At this point, all four Anthonys have motions to compel filed against them. Let’s hope that the good judge will rule on them all then!
Documents:
Zenaida’s original lawsuit
Casey’s response and countersuit
Zenaida’s proffer
WESH article
Sunday, April 12, 2009
George and Cindy Anthony: Beyond Denial
Those who have followed the disappearance and murder of Caylee Anthony have been forced to focus attention on the slain toddler’s grandparents. At first, most people thought they were in denial. They couldn't believe that their daughter may have murdered their granddaughter. Both Cindy and George obviously loved Caylee very much. They also love their daughter, Casey, although reports from family and friends point to difficult relationships within the family.
In my coverage of the case, I have tried to refrain from comment about their unusual behavior. I chalked it up to denial, deep denial as did many. I allowed that, in their overwhelming grief, they were lashing out in all directions. I made it my focus to report on the legal proceedings which, at the present time, seem to be leading to a murder trial for Caylee’s mother, Casey.
In this labyrinth of a case, we have had a lot of distractions from this central focus. We’ve had the "Todd Black" distractions. We have had Casey’s lawyer, Jose Baez, investigated for possible shady dealings in the entertainment field to fund the defense. Private investigators Dominic Casey and James Hoover investigated the site of Caylee’s remains, supposedly led there by a psychic whose "dream" led them there. There is the meter reader, Roy Kronk. There has been talk of a "dream team" of lawyers and expert witnesses who have flocked to defend the alleged murderer. There is the undercover sting by ex-boyfriend Tony Lazzaro to ferret out information from Casey’s brother Lee. In the past week, we have seen the judge on the case and private investigator Dominic Casey file charges against Baez with the Florida Bar. It’s been a three-ring circus with an extensive side-show thrown in.
Most of all, we have had George and Cindy Anthony.
From the very beginning, Cindy Anthony took the offensive and blasted the media, law enforcement, and the public at large for not doing whatever she deemed necessary to find her granddaughter. Almost immediately, Cindy started to shovel blame for Caylee’s disappearance on Casey’s friends, most noticeably Jesse Grund, Ricardo Morales, and Amy Huizenga. She appeared everywhere on the media to plead for people to search for a living Caylee and at the same time put every roadblock she could on the efforts of TES to search for her granddaughter.
At first, George Anthony stayed in the background and allowed Cindy to rant and rave. As time went by, his temper flared and we caught sight of his tantrums. I clearly understand that he has been anguished about having to testify against his daughter to the grand jury.
However, in many ways, the Anthony’s have only themselves to blame for a good deal of the negative attention they have garnered. While they were begging the press to publicize the picture of there missing grandchild, they were antagonizing everyone at the same time. By denying the possibility Caylee might be dead, they were denying searchers the opportunity to find her remains in a respectful manner. They avoided the possibility that their own daughter could possibly be responsible. At one point, Cindy exclaimed that her daughter, when it was all over, would be called the "Mother of the Year."
Here are a few video links which demonstrate the manner in which George and Cindy dealt with the media and the public to push their agenda forward:
Cindy on Geraldo, July 19
Fox Interview with Cindy, July 21
Cindy on Greta, July 21, 2008
George’s Stinky Pizza Recipe, about August 3, 2008 (after seeing Casey in jail)
Cindy Anthony lashes out at the press, August 29
George Anthony Freaks Out: August 29
Indeed, they were under tremendous stress. Casey was home on bond that was posted by Leonard Padilla and they were constantly confronted by protesters in front of their property. However, instead of staying inside and allowing the police to handle disturbances, they still felt that they had to personally confront those people.
Once Casey was returned to jail on October 14, without bond on murder charges, the protesters left and George and Cindy were afforded a blessed peace and quiet at their home. However, they did not did not stop their continuing efforts to paint their daughter in a positive light and cast aspersions on those they attempted to blame for the crime. Every time there was a release of documents under the very liberal Florida Sunshine Law, it seemed there was another "sighting" of a live Caylee somewhere in the country. Most famous is the picture in an Orlando Mall of a little girl playing in a children’s area. In December, George and Cindy made a trip to California, ostensibly to personally check on a live-Caylee sighting tip. While they were there, they decided to plead their case on Larry King Live.
Here is a link to the first part which will lead you to the remainder if you have a desire to watch the entire program: Part 1
Caylee Marie Anthony’s remains were discovered the next morning, December 11, 2008. Nothing much was heard of from the family until George’s "suicide attempt" on January 23, 2009. He was hospitalized and eventually released for follow-up care near his home in Orlando.
Fast-forward to Thursday, April 9, 2009. After having delayed the depositions in the suit and counter-suit for defamation between Zenaida Gonzales due to George’s fragile emotional state and the fact that George and Cindy were seriously grieving the loss of their granddaughter, the couple appeared for depositions at the Morgan&Morgan law firm, accompanied by their attorney, Bradley Conway.
What followed will go down in legend as examples of how not to behave at a deposition. George Anthony, emotionally fragile, was ready to do battle with attorney Keith Mitnik. He argued, refused to answer key questions, and accused Mr. Mitnik of "flipping the bird" at him whilst pushing his glasses up on his nose. He too terrible offense at the term "remains" being used to describe the scattered bones of his granddaughter. Personally, I have used the term "remains" frequently in my posts. One can’t say "body," nor would one want to say "carcass," indicating bones. Unfortunately, "remains" is the most civilized way to describe what was left of little Caylee after the ravages of months in the Florida heat and torrential rains which flooded the area where she was found. One positive aspect of George’s testimony was that he totally abandoned the "stinky pizza" defense and repeated the facts as he told them to LE. He admitted it was the odor of death in the trunk of his daughter’s car.
Cindy behaved just as badly, if not worse. She chomped on her gum throughout the deposition and flounced around in her chair as she disparaged and insulted the attorney questioning her. She was so totally uncivilized and rude that, just watching the video, I am amazed how well the attorneys kept their wits about them and attempted to treat her with more kindness than she deserved.
At this point, both George and Cindy need a great deal of help. They have moved way beyond denial. They are out to prove someone else's son or daughter has done what they refuse to believe their own child has done. They are playing verbal games and positioning their testimony somewhere between fact and outright perjury. Most of all, they are trying to help Casey.
The best way that George and Cindy Anthony can help their daughter is to get some serious counseling and listen to the professional lawyer who has volunteered his time to help them through the ordeal. There is no way that I can believe Bradley Conway advised his clients to behave the way they did at the depositions. What they did there was exactly the opposite of helping their daughter. Instead, they left the impression that they had things to hide. By refusing to answer with a quick yes or no or giving short, succinct answers to questions, they drew attention to their outlandishness. By attacking the Morgan&Morgan attorneys and by acting in a smug, demeaning, and childish manner, they showed a contempt for this legal process. If they take the stand in the trial and attempt the same kind of behavior, they will not impress any jury as "grieving grandparents." Instead, they will be seen as contemptuous of the law. This will also not help Casey. If Casey Anthony is innocent, as she claims, the truth, and only the truth, will gain her an acquittal.
Depositions
In my coverage of the case, I have tried to refrain from comment about their unusual behavior. I chalked it up to denial, deep denial as did many. I allowed that, in their overwhelming grief, they were lashing out in all directions. I made it my focus to report on the legal proceedings which, at the present time, seem to be leading to a murder trial for Caylee’s mother, Casey.
In this labyrinth of a case, we have had a lot of distractions from this central focus. We’ve had the "Todd Black" distractions. We have had Casey’s lawyer, Jose Baez, investigated for possible shady dealings in the entertainment field to fund the defense. Private investigators Dominic Casey and James Hoover investigated the site of Caylee’s remains, supposedly led there by a psychic whose "dream" led them there. There is the meter reader, Roy Kronk. There has been talk of a "dream team" of lawyers and expert witnesses who have flocked to defend the alleged murderer. There is the undercover sting by ex-boyfriend Tony Lazzaro to ferret out information from Casey’s brother Lee. In the past week, we have seen the judge on the case and private investigator Dominic Casey file charges against Baez with the Florida Bar. It’s been a three-ring circus with an extensive side-show thrown in.
Most of all, we have had George and Cindy Anthony.
From the very beginning, Cindy Anthony took the offensive and blasted the media, law enforcement, and the public at large for not doing whatever she deemed necessary to find her granddaughter. Almost immediately, Cindy started to shovel blame for Caylee’s disappearance on Casey’s friends, most noticeably Jesse Grund, Ricardo Morales, and Amy Huizenga. She appeared everywhere on the media to plead for people to search for a living Caylee and at the same time put every roadblock she could on the efforts of TES to search for her granddaughter.
At first, George Anthony stayed in the background and allowed Cindy to rant and rave. As time went by, his temper flared and we caught sight of his tantrums. I clearly understand that he has been anguished about having to testify against his daughter to the grand jury.
However, in many ways, the Anthony’s have only themselves to blame for a good deal of the negative attention they have garnered. While they were begging the press to publicize the picture of there missing grandchild, they were antagonizing everyone at the same time. By denying the possibility Caylee might be dead, they were denying searchers the opportunity to find her remains in a respectful manner. They avoided the possibility that their own daughter could possibly be responsible. At one point, Cindy exclaimed that her daughter, when it was all over, would be called the "Mother of the Year."
Here are a few video links which demonstrate the manner in which George and Cindy dealt with the media and the public to push their agenda forward:
Cindy on Geraldo, July 19
Fox Interview with Cindy, July 21
Cindy on Greta, July 21, 2008
George’s Stinky Pizza Recipe, about August 3, 2008 (after seeing Casey in jail)
Cindy Anthony lashes out at the press, August 29
George Anthony Freaks Out: August 29
Indeed, they were under tremendous stress. Casey was home on bond that was posted by Leonard Padilla and they were constantly confronted by protesters in front of their property. However, instead of staying inside and allowing the police to handle disturbances, they still felt that they had to personally confront those people.
Once Casey was returned to jail on October 14, without bond on murder charges, the protesters left and George and Cindy were afforded a blessed peace and quiet at their home. However, they did not did not stop their continuing efforts to paint their daughter in a positive light and cast aspersions on those they attempted to blame for the crime. Every time there was a release of documents under the very liberal Florida Sunshine Law, it seemed there was another "sighting" of a live Caylee somewhere in the country. Most famous is the picture in an Orlando Mall of a little girl playing in a children’s area. In December, George and Cindy made a trip to California, ostensibly to personally check on a live-Caylee sighting tip. While they were there, they decided to plead their case on Larry King Live.
Here is a link to the first part which will lead you to the remainder if you have a desire to watch the entire program: Part 1
Caylee Marie Anthony’s remains were discovered the next morning, December 11, 2008. Nothing much was heard of from the family until George’s "suicide attempt" on January 23, 2009. He was hospitalized and eventually released for follow-up care near his home in Orlando.
Fast-forward to Thursday, April 9, 2009. After having delayed the depositions in the suit and counter-suit for defamation between Zenaida Gonzales due to George’s fragile emotional state and the fact that George and Cindy were seriously grieving the loss of their granddaughter, the couple appeared for depositions at the Morgan&Morgan law firm, accompanied by their attorney, Bradley Conway.
What followed will go down in legend as examples of how not to behave at a deposition. George Anthony, emotionally fragile, was ready to do battle with attorney Keith Mitnik. He argued, refused to answer key questions, and accused Mr. Mitnik of "flipping the bird" at him whilst pushing his glasses up on his nose. He too terrible offense at the term "remains" being used to describe the scattered bones of his granddaughter. Personally, I have used the term "remains" frequently in my posts. One can’t say "body," nor would one want to say "carcass," indicating bones. Unfortunately, "remains" is the most civilized way to describe what was left of little Caylee after the ravages of months in the Florida heat and torrential rains which flooded the area where she was found. One positive aspect of George’s testimony was that he totally abandoned the "stinky pizza" defense and repeated the facts as he told them to LE. He admitted it was the odor of death in the trunk of his daughter’s car.
Cindy behaved just as badly, if not worse. She chomped on her gum throughout the deposition and flounced around in her chair as she disparaged and insulted the attorney questioning her. She was so totally uncivilized and rude that, just watching the video, I am amazed how well the attorneys kept their wits about them and attempted to treat her with more kindness than she deserved.
At this point, both George and Cindy need a great deal of help. They have moved way beyond denial. They are out to prove someone else's son or daughter has done what they refuse to believe their own child has done. They are playing verbal games and positioning their testimony somewhere between fact and outright perjury. Most of all, they are trying to help Casey.
The best way that George and Cindy Anthony can help their daughter is to get some serious counseling and listen to the professional lawyer who has volunteered his time to help them through the ordeal. There is no way that I can believe Bradley Conway advised his clients to behave the way they did at the depositions. What they did there was exactly the opposite of helping their daughter. Instead, they left the impression that they had things to hide. By refusing to answer with a quick yes or no or giving short, succinct answers to questions, they drew attention to their outlandishness. By attacking the Morgan&Morgan attorneys and by acting in a smug, demeaning, and childish manner, they showed a contempt for this legal process. If they take the stand in the trial and attempt the same kind of behavior, they will not impress any jury as "grieving grandparents." Instead, they will be seen as contemptuous of the law. This will also not help Casey. If Casey Anthony is innocent, as she claims, the truth, and only the truth, will gain her an acquittal.
Depositions
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