Defense Files New Motions 11-3-09

Defense Says Casey Anthony Was Overcharged

Tuesday, November 03, 2009 12:22:54 PM

ORLANDO -- In motions filed on Tuesday, Casey Anthony's defense team said police and prosecutors made mistakes in charging Anthony in her check fraud case.

Anthony's defense is filing new motions, which legal analysts say means the defense are getting their ducks in a row. When a person's life is at stake, you can't leave any stone unturned, and if the case goes through an appeals process, these are the natural steps to take.

The first motion is about the check fraud case. Anthony is accused of stealing hundreds of dollars worth of checks.

Anthony's defense is alleging she wasn't charged correctly -- that she is being overcharged, which could ultimately mean double jeopardy.

A trial has been set for January and the defense is trying to move it out of Orange County.

The second motion is on the death penalty.

In September, the defense tried to get the death penalty thrown out. Motions were filed, but never argued in front of the judge.

The state responded to that motion, and now the defense is responding back.

The defense said the State does not have enough evidence for a first degree murder charge, let alone the death penalty.

The last motion is regarding October 2008, when a grand jury indicted Casey Anthony. The defense said the indictment is "unconstitutionally vague."

Florida law requires an indictment for a first degree murder charge.

There are still a number of other motions that haven't been heard before the judge. There is no word on when these new motions will be heard.

http://www.cfnews13.com/News/Local/2009/11/3/defense_says_casey_anthony_was_overcharged.html?cid=twitter

New Motions Filed In Casey Anthony Case
2 Motions, Reply Filed By Defense

POSTED: 10:16 am EST November 3, 2009
UPDATED: 12:18 pm EST November 3, 2009

ORLANDO, Fla. -- Defense attorneys for Casey Anthony took new steps on Tuesday to have her indictment, death penalty and most of the check-fraud charges dismissed.

In the motions, defense attorneys argued the indictment filed last year against Anthony included no facts upon which the charges were based. They asked Judge Stan Strickland to dismiss what they called a defective indictment.

Without any facts to refute, defense attorneys said they cannot formulate a defense. By allowing prosecutors to rely on accusations, the defense said they're being allowed to conduct a fishing expedition.

"These constitutional concerns are particularly critical given this is a capital case," defense attorneys stated in the motion.

Anthony's defense also questioned State Attorney Lawson Lamar's motives in seeking the death penalty. They referred to a U.S. Supreme Court opinion that states, "If the death penalty is used to encourage guilty pleas ... it is unconstitutional."

"The state's intention to seek the death penalty in order to gain tactical advantage over the defense is in bad faith," the motion stated.

Finally, the defense argued that Anthony was charged with three counts for each of the four bad checks she allegedly wrote. They argued those extra counts amount to double jeopardy and should be dismissed.

Anthony remains in the Orange County Jail charged with the slaying of her daughter, Caylee, who was 2 years old when she was first reported missing in 2008.

http://www.wesh.com/news/21507294/detail.html

Anthony Wants Murder Charge Tossed
Casey Anthony Charged With Murder In Death Of Daughter, Caylee

POSTED: Tuesday, November 3, 2009
UPDATED: 12:04 pm EST November 3, 2009

ORLANDO, Fla. -- The defense team representing Casey Anthony is urging a judge to throw out the murder charge she's facing, according to a motion filed on Tuesday.

Anthony was arrested last year shortly after a grand jury indicted her for premeditated murder. Her defense claims the indictment document is defective because it does not include any specific facts about how the crime was committed.

Without any facts to refute, Anthony cannot formulate a defense, her attorneys argue.

In a separate motion addressing Anthony's check fraud case, the defense claims prosecutors excessively added criminal charges violating her constitutional rights.

Anthony, 23, remains jailed on first-degree murder charges in the death of her daughter, Caylee, whose remains were found in December. Caylee was 2 years old when she was reported missing in July 2008.

Anthony has pleaded not guilty, claiming Caylee was kidnapped by a baby sitter.

http://www.clickorlando.com/news/21508223/detail.html

New Motions On Casey Murder, Fraud Charges

Posted: 11:53 am EST November 3, 2009
Updated: 12:40 pm EST November 3, 2009

ORANGE COUNTY, Fla. -- Casey Anthony's defense team has filed three new motions in the case. One concerns the check fraud charges and the other two concern the death penalty murder case against her.

Casey is in the Orange County jail, accused of murdering her daughter Caylee Marie Anthony.

The defense says the death penalty should be dropped because the only reason prosecutors are seeking a death sentence is to seat a conviction-prone jury.

Also, Anthony's lawyers say there is no proof that Caylee was killed in a cold, calculated and cruel manner. They argue the indictment is defective, because it contains no facts; therefore, the defense has no idea how to defend her against the murder charge.

The defense is also arguing that prosecutors should not have filed three charges against Casey for every check she's accused of stealing from her best friend. They want the judge to drop some of the charges.

Article:
http://www.wftv.com/news/21508310/detail.html

Motion to Dismiss Counts (Check Fraud Trial):
http://www.wftv.com/pdf/21508669/detail.html

Motion to Dismiss Defective Indictment:
http://www.wftv.com/pdf/21508696/detail.html

Defendant's Reply (Preclude Death Procedures):
http://www.wftv.com/pdf/21508710/detail.html

Casey Anthony attorneys: Throw out murder indictment
Defense attorneys: The indictment is so vague, it must be dismissed

By Rene Stutzman, Orlando Sentinel
12:23 p.m. EST, November 3, 2009

Lawyers for Casey Anthony have filed new paperwork, asking a judge to throw out the murder charge against her.

This time, they allege that prosecutors and an Orange County grand jury put so little information in their indictment, she cannot possibly defend herself.

"Instead of starting with the crime and figuring out who did it, the state has essentially started with who did it and is now trying to figure out what crime she might have committed," the defense paperwork reads.

Anthony, 23, is in the Orange County Jail, charged with murdering her 2-year-old daughter, Caylee Marie, in June 2008. The child was not reported missing for a month. Her body was found in a patch of woods in December, a few blocks from Anthony's home in south Orange County.

The indictment does not say how the child was killed or where, other than in Orange County.

As a consequence, Anthony's attorneys say Circuit Judge Stan Strickland should throw out the indictment.

It charges their client with capital murder. Prosecutors are seeking the death penalty.

Anthony also is facing another series of charges in a check forgery case. Prosecutors allege that she stole four blank checks from a friend in July 2008, forged them and cashed them for more than $650.

Prosecutors have charged her with 13 crimes in that case, including grand theft, forgery, uttering a forged instrument and fraudulent use of personal identification.

Defense attorneys Andrea Lyon and Jose Baez filed paperwork, asking the judge to dismiss nine of those counts.

The state is seeking to punish her for four acts, defense attorneys allege – forging four checks - so she should only be charged with four counts of forgery.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-dismiss-20091103,0,264527.story

The reason she can't defend herself is because we have the photos, videos, cashed checks, statements, etc. This is fraud case has nothing to do with the murder case. Casey stole. Casey got caught. Casey got charged. Casey can have her day in court just like everyone else. Just my opinion. kh

awaiting justice wrote:How can ductape around a corpses face, being left out in the woods, like trash, not be cold and calculated?????
They make me sick, and I cant wait for her day in court... These motions and deterrents are draining, and pretty well tell me that this court case cud still be years away imo...

AMEN AJ,

when i read that, no evidence of being killed in a cold, calculating manner, i first thought of the duct tape and then the computer searches.. seems pretty cold and calculating..

AND.. in Fla, isnt it enough to death qualify a case, when the victim is a child under a certain age?? No matter the mode or the means? I may be mistaken, but i thought i heard that the victims age alone in a murder, can be used to seek the DP..

Randi, yes, that's the way I have always understood it.... the killing of a child under the age of 12 automatically can qualify the case for the DP.

okay.. what these motions say.. in "laymans terms"


we, the defense, request this case be dismissed on the grounds that our client is BLATANTLY guilty, and has no reasonable defense to her actions.

all evidence is being requested thrown out, on the grounds it is devistating to "my girls" case.

i think this about sums up the motions from camp bozo..

The frivolous motions constantly being filed by the defense are all efforts to waste time and delay the murder trial as long as possible. The defense is only delaying the inevitable. I wish the judge would start shooting down the defense's motions immediately and keep things moving.

Amen, J4!!!!!

Updated WFTV article..... note that KC's pretrial hearing has been moved from December 18 to December 11....... Can we say karma?

New Motions On Casey Murder, Fraud Charges

Posted: 11:53 am EST November 3, 2009
Updated: 5:57 pm EST November 3, 2009

ORANGE COUNTY, Fla. -- Casey Anthony's defense team has filed three new motions in the case. One concerns the check fraud charges and the other two concern the death penalty murder case against her.

Casey is in the Orange County jail, accused of murdering her daughter Caylee Marie Anthony.

The defense says the death penalty should be dropped because the only reason prosecutors are seeking a death sentence is to seat a conviction-prone jury.

Also, Anthony's lawyers say there is no proof that Caylee was killed in a cold, calculated and cruel manner. They argue the indictment is defective, because it contains no facts; therefore, the defense has no idea how to defend her against the murder charge.

“But for the fact that we're dealing with the death of a child and a mother who's facing the death penalty you bet, that's just a laughable motion to be filed in the case at this time. It's just almost, when is the defense ever going to get serious?” WFTV legal analyst Bill Sheaffer said.

The defense is also arguing that prosecutors should not have filed three charges against Casey for every check she's accused of stealing from her best friend. They want the judge to drop some of the charges.

Casey’s pretrial for her check fraud case has been changed from December 18 to December 11, which is the anniversary of when Caylee’s remains were found.

Article:
http://www.wftv.com/news/21508310/detail.html

Video Report:
http://www.wftv.com/video/21512848/index.html

And I say...Bring it on...Oh, the poor defense...crying...boo hoo...we don't know how to defend Crazy....So what else is new???...what happened to your "the nanny did it" theory...I know, I know...you don't know how because of your inexperience of defending this type of case, as you put it, with no DIRECT evidence linking her to the horrendous crime...and you want the check charges reduced....You've got to be kidding me...each check was written at a different time, and for that, each incidence was an individual decision to do so on Crazy's part...therefore in my opinion they should have the multiple charges...It is SOP for the multiple charges on each check...The three stooges (defense) is trying a Harry Houdini...or a nut under the acorn shell maneuver to get her off on this one...Red Handed, I say...what's to dispute that!!!

i personally think the defense should lay off the check fraud charges..

KC was actually NOT charged with all she could have been.. in addition to the charges she faces.. they COULD HAVE added identity theft (which is a FEDERAL crime) for each check used, AND conspiracy to commit fraud for the phone bill she TRIED to pay using the routing and account #s on the check.. the only reason she DIDNT get the phone bill paid that way is because she had already stolen the account DRY, and there were insufficient funds to cover the entire bill..

if i were the state i would definately reevaluate the charges she is facing.. I would ADD more ...

randilynn wrote:i personally think the defense should lay off the check fraud charges..

KC was actually NOT charged with all she could have been.. in addition to the charges she faces.. they COULD HAVE added identity theft (which is a FEDERAL crime) for each check used, AND conspiracy to commit fraud for the phone bill she TRIED to pay using the routing and account #s on the check.. the only reason she DIDNT get the phone bill paid that way is because she had already stolen the account DRY, and there were insufficient funds to cover the entire bill..

if i were the state i would definately reevaluate the charges she is facing.. I would ADD more ...

I LOVE the way you think, Randi!! Maybe JB and crew should stop while they are (not) ahead.........

P.S... Randi, did you see the comedy thread? Sound familiar?

Snaz wrote:

randilynn wrote:i personally think the defense should lay off the check fraud charges..

KC was actually NOT charged with all she could have been.. in addition to the charges she faces.. they COULD HAVE added identity theft (which is a FEDERAL crime) for each check used, AND conspiracy to commit fraud for the phone bill she TRIED to pay using the routing and account #s on the check.. the only reason she DIDNT get the phone bill paid that way is because she had already stolen the account DRY, and there were insufficient funds to cover the entire bill..

if i were the state i would definately reevaluate the charges she is facing.. I would ADD more ...

I LOVE the way you think, Randi!! Maybe JB and crew should stop while they are (not) ahead.........

P.S... Randi, did you see the comedy thread? Sound familiar?

um... i didnt know about the comedy thread until now.. but i am NOT sure what is supposed to sound familiar... <missing a little something..>

Randilynn and Snaz,

I don't know the answer to this question. So, I'm asking you two smart ladies. Is it possible, the state couldn't charge her with identity theft because this idiot, (KC), signed her own name to these checks? I know she signed her own name at Target. Do you know if she signed her name at Winn Dixie? Obviously, she had to sign Amy's name at the bank though.

I guess now that i've typed this all out, I may have answered my own question. She could have been charged with ID theft for the Bank of America incident alone. Just wondering about the others.

The whole check fraud thing baffles me. I mean, geez, she basically admitted doing it by PAYING THE BANK back!!! So.....
is her defense?

Tracey, I think you probably did pretty much answer your own question..... LOL

I haven't actually heard whether or not KC signed her own name on any checks other than the one at Target. But the BOA check cashing thing was REALLY stupid on her part.... VERY brazen.... but then that doesn't surprise me.... KC has a sense of entitlement like no other I have ever seen before.....

JB and crew should really just keep their yaps shut... but honestly, I guess it is better they do it and have the judge shoot it down than for her to appeal her conviction later on the basis of ineffective counsel.

Maybe that's why she hangs onto JB. Surely she can't really think he can save her from her evil deed. Maybe she's praying JB's ineptitude will be her salvation.

After reading some of today's doc dump, I have a very strong feeling that the reason the defense filed the motion alleging double jeopardy and trying to get some of the charges dismissed MAY be because after they saw this evidence against KC, they know she's toast.

I think maybe they know there is no way in hell they can keep KC from getting convicted.... now they are working on saving her from the DP. Hence, trying to get some of the charges dropped, so it will make a difference come penalty phase of the murder trial.

Anyone else have any thoughts?