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
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
Saturday, May 16, 2009
Laurean – Out of the Corps and not the Father
~Cesar Laurean
The Armed Forces Institute of Pathology has issued a report that DNA analysts concluded that Cesar Laurean was not the father of Lance Cpl. Maria Lauterbach's child.
Camp Lejeune spokesman Maj. Cliff Gilmore acknowledged Laurean was separated from the service Wednesday, but would not release the reason for Laurean's discharge "in accordance with the Privacy Act."
Laurean’s lawyer, Dick McNeil, says you count on hearing lots more from him about relocating Laurean’s trial away from Onslow County due to 16 months of media coverage.
WRAL
WITN
WNCT
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