Motions Released December 1-2

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Post by Snaz on Wed Dec 02, 2009 10:37 pm

Casey’s Lawyers Want Death Penalty Out

Wednesday, December 02, 2009 2:48:47 PM

ORLANDO -- The case against Casey Anthony is scheduled to be back in court next week after her lawyers filed several new motions.

The latest requests to Judge Stan Strickland include a motion to preclude death penalty procedures against Anthony, who was charged with the murder of her 2-year-old daughter, Caylee.

The defense team said the prosecution does not have a legitimate interest in seeking the death penalty against Anthony.

Another motion wants to prevent all video and audio tape records of lawyer visits to the orange county jail.

The defense also wants the judge to order the jail to destroy any and all video of Casey’s family visiting her in jail.

The hearing is set for 9:30 a.m. Friday, Dec. 11, at the Orange County Courthouse.


http://www.cfnews13.com/News/Local/2009/12/2/caseys_lawyers_want_death_penalty_out.html

Links to the following Motions can be found at the above link:

* Motion to Destroy Videos of Family Visits
* Motion to Prohibit Videotaping Attorney Visits
* Motion for Statement of Particulars Providing Notice of Aggravating Circumstances
* Motion to Introduce Evidence Pertaining to Roy Kronk
* Motion for Jury Instructions Correctly Defining ‘Premeditation’
* Motion to Declare Death Penalty Unconstitutional in Florida
* Motion to Declare ‘Aggravating Circumstance’ Clause Unconstitutional
* Motion to Declare ‘Heinous Atrocious or Cruel’ Aggravating Factor Clause Unconstitutional
* Failure to Narrow Scope of Death Penalty
* Motion to Precluse Death Penalty from Case at Bar
* Motion to Preclude Death Penalty from Present Case
* Motion to Dismiss 9 Counts for Violation of Double Jeopardy Clause
* Motion to Modify Court’s Order on EquuSearch Documents Supoena Application
* Motion to Preclude Death Penalty Procedures
* Motion to Prohibit Calling Jury’s Role at Penalty Phase ‘Advisory’ or Penalty Verdict a ‘Recommendation’
* Motion to Strike Notice of Deposition and Motion for Protective Order
* Motion to Take Deposition to Perpetuate Testimony of Jill Kerley
* Written Objection to the Standard Jury Instruction on Reasonable Doubt

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Post by Snaz on Wed Dec 02, 2009 10:50 pm

WFTV Legal Expert Analyzes Casey Motions

Posted: 5:27 pm EST December 2, 2009
Updated: 6:48 pm EST December 2, 2009

ORLANDO, Fla. -- Casey Anthony is scheduled to be in court on December 11 and Eyewitness News got a closer look Wednesday at several motions filed in the case. One motion attacks the constitutionality of the death penalty procedure and asks the court to throw it out, but that's just one of five motions that will be handled at the hearing scheduled to take place next week.

BILL SHEAFFER: Analyzes Motions Filed
READ: Clause | Family | Order | OrderVisits | Death
VIDEO REPORT: Closer Look at Motions

Lawyers for Casey Anthony want the death penalty off the table because they call it unconstitutional and say prosecutors don't have a legitimate reason to seek the death penalty in the case. They also say it violates Casey Anthony's constitutional rights.

WFTV legal analyst Bill Sheaffer calls it a long shot (full interview).

"I've never seen or heard of a case where a judge has gone behind the state's motives and dismissed the death penalty," Sheaffer said.

However, Sheaffer does believe another motion to keep the jail from videotaping attorney visits does have merit.

"I think it can produce a chilling effect on the attorney-client relationship to know you are constantly being monitored," he said.

But, since it's a security measure, Sheaffer says the judge would have to weigh Casey's right to effective counsel against the security procedures in place at the jail.

In a separate motion, the defense wants all recorded video visits and telephone calls with Casey's family destroyed.

The defense is also asking the judge to toss out charges in her check fraud case for double jeopardy. That motion argues Casey is being charged with multiple crimes for the same incident.

Eyewitness News learned that Casey’s death penalty lawyer, Andrea Lyon, helped file the motion likely because, if Casey is convicted in the check case, it could come up in the murder trial that she is guilty of multiple other crimes that involve deception.

In a final motion, the defense wants to keep private eye Dominic Casey from a deposition since they claim he was working for the defense and any knowledge he has of the case is privileged attorney-client information.

Casey is facing charges for stealing checks from her best friend. The fraud trial is set for January 25.

There's also a pre-trial hearing in her murder trial on January 21. She is accused of killing her daughter, Caylee Anthony.


http://www.wftv.com/news/21789242/detail.html

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Post by Dis on Thu Dec 03, 2009 2:08 am

It's gonna be a little hard to destroy something that is all over the internet!! Good luck on that one Juannie! I can't see them overiding jail rules either, everyone who is in jail is recorded, EVERYONE!!!! She is not special, not in the way they are claiming anyway! BS, as NG says, it's all BS. Who thinks up this chit anyway?
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Post by randilynn on Thu Dec 03, 2009 8:21 pm

i find it IMPOSSIBLE for the judge to force the jail to cease taping (video) of attorney-client meetings... if you stop for one, you must stop them all..

do you know how many dead attorney's we would have if they werent monitored??? ON SECOND THOUGHT....hmmm...
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Post by Cali on Thu Dec 03, 2009 8:31 pm

Casey does not deserve preferential treatment. She actually is enjoying preferential treatment right now. With a "piggy bank" so she can pig out. If she is "not that bad", as her scheme team claims, then she belongs in GP along with the rest of the scum that preys on people.
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Post by Snaz on Fri Dec 04, 2009 6:41 pm

Prosecutors In Casey Case Shoot Down Defense Motion

Posted: 6:02 pm EST December 4, 2009
Updated: 6:25 pm EST December 4, 2009

ORLANDO, Fla. -- Prosecutors in the case against Casey Anthony are trying to shoot down a defense team's motion, which claims Casey faces too many check fraud charges.

The defense wants some of the charges thrown out on the grounds that Casey shouldn't face multiple charges for each check she's accused of stealing from her former best friend and cashing them.

But prosecutors say each charge is a separate crime, with separate evidence, and should stand.

The judge hasn't made a decision on the issue.


http://www.wftv.com/news/21868122/detail.html

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Post by Piper on Fri Dec 04, 2009 7:32 pm

LOL.....TOO MANY check fraud charges? Each one is a separate crime! They will try anything and everything. What do they want to do? Drop all but one...choose the lowest amount under law so it's classified as a misdemeanor!
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Post by Dis on Fri Dec 04, 2009 8:21 pm

I am sure if the state wanted to there could be other charges brought against "Miss" Anthony. It sucks to be Casey! Boo Fricken Hoo, Caylee will get her justice, it just takes time. As far as all these motions are concerned, I say the more the better, that way she can't claim ineffectiveness of counsel. And the lawyers say that most of them are standard in a First Degree Murder trial so I am ok with Jose filing them, I just wish he would do it right the first time so we don't waste any more time.
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Post by Snaz on Wed Dec 09, 2009 6:35 pm

Jail wants judge to deny Casey Anthony's request to stop recording visits
Casey Anthony's attorneys are asking a judge to order the jail to halt video monitoring.

By Sarah Lundy, Orlando Sentinel
8:59 p.m. EST, December 8, 2009

Orange County Jail officials want a judge to deny Casey Anthony's request to bar officials from video recording her at the jail.

Her defense team is asking Orange Circuit Court Judge Stan Strickland to order the jail to halt monitoring and disclosing any "communications" Anthony has with her attorneys and also destroy all video and audio tapes of those meetings.

They also don't want the jail to release video visits between Anthony and her family.

Anthony is charged with first-degree murder in the death of her 2-year-old daughter, Caylee Marie.

Last year, a video shot at the jail on Dec. 11, the day Caylee's remains were discovered a few blocks away from her family home, reportedly shows Anthony reacting to the news. That day, corrections Lt. Tammy Unser also told detectives Anthony began to breathe rapidly, her hands became sweaty and red blotches appeared on her neck after hearing the news on a TV hours after the discovery.

Strickland ruled earlier this year that the video of her reaction would not be made public.

An attorney for the jail, which is run by Orange County, argued in court records filed Tuesday that the jail is following Florida's public record laws. She also argued that the jail should not have to change its security system, which is in compliance with state and federal laws and corrections standards, for one inmate.

The issue will be one of several motions addressed at a hearing Friday.

Anthony's defense team didn't want the video, which has no sound, released to the media. Her attorneys argued the images could be misleading and it violated her medical privacy.

Strickland sealed that video in June.


http://www.orlandosentinel.com/news/local/os-casey-anthony-jail-response-20091208,0,3535642.story

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Post by Snaz on Wed Dec 09, 2009 6:39 pm

Wrangling Continues In Anthony Fraud Case
Prosecutors Want Judge To Decide On Multiple Counts During Trial


POSTED: 8:34 am EST December 9, 2009
UPDATED: 8:51 am EST December 9, 2009

ORLANDO, Fla. -- Prosecutors in the Casey Anthony case said there's no need to throw out fraud charges against her.

Anthony faces 13 counts of check forgery, but attorneys for the defense said they want nine of those counts dropped. The defense team said she's being charged for the same crime several times.

In a motion filed on Tuesday, prosecutors said the trial judge should filter out multiple punishments at the end of the trial -- not the beginning.

Anthony remains in the Orange County Jail facing charges in the slaying of her daughter, Caylee Anthony.


http://www.wesh.com/news/21905573/detail.html

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Post by randilynn on Wed Dec 09, 2009 7:45 pm

"An attorney for the jail, which is run by Orange County, argued in court records filed Tuesday that the jail is following Florida's public record laws. She also argued that the jail should not have to change its security system, which is in compliance with state and federal laws and corrections standards, for one inmate."

quoted by me from above post..


AMEN.. this is what we have been saying all along... you absolutely CANNOT make an exception for 1 inmate.. EVER.. you make a rule, and stick with it... can you imagine the lawsuits that would arise from this if "princess anthony" gets special treatment on this issue.. just the same, we cannot decide to feed all the inmates but her, or force her to sleep on the floor after filling the cell with water (cause that is what she did with HER DAUGHTER) now can we... that would be discrimination, and that is not allowed.. so how can they even consider allowing her to have priviledged non monitored visits with her possie??

this is ludacris.. ive never seen another human being with bigger entitlement issues ... EVER!!
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Post by randilynn on Wed Dec 09, 2009 8:14 pm

okay... i just thoroughly read the defensive motion for protection against taping visits with counsel..

has anyone else actually read this motion.. there is ABSOLUTELY NO case law stated, no amendements cited, nothing.. it is a bunch of whining about how difficult their job is..

it is not enough to state what you want, and whine about everything else, you MUST back up your motion with case law... SOMETHING.. i am not sure i actually believe that bozo graduated from law school.. i am just NOT convinced!!
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Post by Justice4all on Mon Mar 15, 2010 10:04 pm

The motion to prohibit videotaping attorney visits was denied.

http://www.wftv.com/pdf/22824914/detail.html
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