Hearing 1-25-10 - Check Fraud Plea & Murder Case Motions

Kronk's Ex-Wife To Give Testimony Monday
Kerley Believes Kronk Should Be Considered Suspect In Caylee's Death

POSTED: 3:07 pm EST January 22, 2010
UPDATED: 6:18 pm EST January 22, 2010

ORLANDO, Fla. -- Casey Anthony's attorneys will try to gain sworn testimony Monday from a woman who said Roy Kronk should be considered a suspect in Caylee's death.

Kronk is the meter reader who found the 2-year-old remains in a wooded area off Suburban Drive near the Anthony family home in December 2008 and denies having anything to do with her death.

The testimony will come from Jill Kerley, Kronk's ex-wife.

"The more I think about it, th emore my gut's telling me that he had something to do with it," Kerley had said.

Anthony's defense team will argue that they need Kerley's testimony as soon as possible because she is sick with cancer.

During a turbulent marriage, Kerley said Kronk twice restrained her with duct tape. The allegations are potentially significant because Caylee Anthony's skull had duct tape across the mouth, according to investigators.
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Anthony's attorneys will argue Monday they should be allowed to introduce Kerley's testimony that she believes Kronk should be "considered a suspect" in Caylee's death.

The last time he spoke out on the matter, Kronk denied having done anything but finding Caylee's remains.

"I know I've done nothing wrong so I have no reason to be troubled or fearful by this," Kronk said.

Despite Kronk's denials, defense attorney Richard Hornsby said he believed it is likely Judge Stan Strickland will allow Anthony's defense to introduce this unflattering testimony -- and it could help introduce doubt in jurors' minds.

"Most defense attorney's win their cases by challenging the credibility of the witnesses against their client," Hornsby said.

To add credibility to the theory of Kronk as a suspect, Anthony's defense needs testimony that Caylee's body was not there until after Anthony was locked up.

Mark NeJame, the attorney for Texas Equusearch, who at one time represented Kronk and Cindy Anthony, said the strategy of trying to pin the blame on him could ultimately harm Anthony's case.

"I have no doubt. He found Caylee and had nothing to do with the case other than that," said NeJame, who awarded Kronk with the $5,000 reward for finding the girl's remains.

NeJame said blaming the man who found Caylee's remains could damage the defense's team credibility with the jury.

"If you're going to be taking shots, be careful they don't ricochet and hit you back," he said.

Also Monday, it will be determined if Anthony will accept a plea deal in her check fraud case.

http://www.wesh.com/news/22315979/detail.html

Guilty Plea Expected Monday In Casey Check Fraud Case

Posted: 4:28 pm EST January 22, 2010
Updated: 5:54 pm EST January 22, 2010

ORLANDO, Fla. -- There is a major hearing coming up in the case against Casey Anthony. On Monday January 25 at 1:30pm, for the first time, the public could actually hear Casey Anthony admit she's guilty of something.

BILL SHEAFFER: On Casey's Expected Plea
VIDEO REPORT: Casey Expected To Plead Guilty
MOTIONS TO BE HEARD: Kronk's Ex | Modify Order | Compel

In Monday's hearing, Casey is expected to plead guilty in her check fraud case. Casey's defense team will also make several motions Monday in the murder case.

Casey may go to trial for her daughter's murder as a convicted felon. That could be the most significant outcome Monday if Casey goes through with her defense’s plan to offer a plea in her check fraud case.

Casey is planning to take her plea directly to the judge, with the hopes of a more lenient sentence on charges she stole her ex-best friend's checks, forged them and cashed them to buy beer and clothes. Casey will have to stand up in court and admit to it.

“Own it. Take responsibility for it, without equivocation,” WFTV legal Analyst Bill Sheaffer said.

http://www.wftv.com/news/22316847/detail.html

Guilty plea ‘looks like a go’ in check-fraud case, WFTV says

posted by halboedeker on January, 22 2010 5:39 PM

What’s coming Monday in Casey Anthony’s check-fraud case?

“Casey is expected to plead guilty” to something, WFTV-Channel 9 anchor Martie Salt said.

“There’s still time for Casey to change her mind, but so far, it looks like the plea is a go,” WFTV’s Kathi Belich said. Belich cited “sources close to the case” who say that Anthony will take her plea to Judge Stan Strickland in hopes of a more lenient sentence.

“Plea likely,” WKMG-Channel 6 headlined tonight. But tonight’s “report” was a preview of a Tony Pipitone report on Strickland’s sentencing history. The report will air at 11 p.m. Sunday. “This is information you can find nowhere else,” Pipitone said.

Back to tonight, WFTV legal analyst Bill Sheaffer said Anthony in making her check-fraud plea must “own it, take responsibility for it without equivocation.”

WESH-Channel 2’s Bob Kealing put the issue this way: “We should finally find out whether Casey has accepted a plea deal.”

But WKMG stressed that a plea is at issue, not a plea deal.

The speculation will continue until a court hearing Monday afternoon.

And after that?

“The big question will be: Will the judge put a felony conviction on her record?” Belich asked. “Will Casey Anthony go to trial for her daughter’s murder as convicted felon?” Anthony is charged with first-degree murder in the death of daughter Caylee.

The stations explored a new defense motion that says Roy Kronk, the meter reader who found toddler Caylee’s remains, should be a suspect in the case. The reason: Kronk’s ex-wife Jill Kerley says he used duct tape her, and duct tape was found on Caylee’s remains.

The stations played footage of Kerley saying she suspects Kronk of killing Caylee or having something to do with the child’s death.

WESH replayed old footage of Kronk denying doing anything wrong in finding Caylee’s remains.

In another WESH report, prominent Orlando attorney Mark NeJame questioned the defense’s strategy of going after Kronk and added that approach could ultimately hurt Anthony.

“You’re going to be taking shots, you better make sure that they don’t ricochet off something and hit you back,” NeJame said.

NeJame represents Texas EquuSearch, which looked for Caylee’s remains. He has looked at the group’s documents and witness statements.

“He says it’s convincing proof that Caylee’s remains could not have been placed there [in the woods] after Casey was locked up, as her defense claims,” Kealing reported.

Orlando defense attorney Richard Hornsby, who offers analysis on WESH, predicted that Judge Strickland will allow the defense to introduce unflattering testimony about Kronk.

On WFTV, Belich reported that the defense will seek the judge’s permission to get testimony from Kronk’s ex-wife Kerley, who cannot travel to Florida for health reasons.

She is being treated for cancer in Tennessee, Kealing said.

Whether Strickland would allow the testimony to be introduced is another matter, Belich added.

Also Monday, prosecutors will argue to get information that they say the defense has been withholding from them, Kealing reported.

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/01/casey-anthony-quilty-plea-looks-like-a-go-in-check-fraud-case-wftv-says.html

History Of Judge In Anthony Case May Give Insight
Casey Anthony Charged With Murder In Death Of Daughter

POSTED: Sunday, January 24, 2010
UPDATED: 8:31 am EST January 25, 2010

ORLANDO, Fla. -- If Casey Anthony pleads guilty or no contest Monday to one of 13 check fraud-related charges against her, sentencing would fall on Judge Stan Strickland, the same judge presiding over her trial for the murder and child abuse of her daughter, Caylee.

Anthony is set to appear at the Orange County courthouse for hearings on both her murder and fraud cases at 1:30 p.m. Monday.

She then could enter a plea to one or more of the 13 charges she faces for allegedly writing about $650 in bad checks from a friend's account over a seven-day period in July 2008, while her daughter was nowhere to be seen for nearly a month.

What Strickland decides at any sentencing will play a role in her murder trial, if Anthony chooses to testify in her defense.

In December, Strickland made statements in court indicating he would treat Anthony as he would any other defendant with a similar background facing similar charges.

If Anthony does enter a guilty or no-contest plea -- and there is no indication the state and defense have agreed to a plea deal -- Strickland will decide whether or not to adjudicate Anthony guilty.

If he withholds adjudication, jurors in the murder trial will not be told she is a convicted felon if she chooses to testify, meaning she could truthfully answer "no" if asked on the stand if she is a convicted felon.

But if Strickland adjudicates her guilty, the jury would then learn she is a felon if she testifies, which could lessen her credibility in the eyes of the jury, lawyers say.

Local 6 has obtained public records on the dispositions of thousands of felony criminal sentences in Orange County Circuit Court in 2007 and part of 2008.

Creating and analyzing a database of those records, Local 6 found 24 defendants sentenced by Strickland after they pleaded guilty or no contest to two or more of the charges Anthony faces: grand theft, check forgery, uttering a forgery and fraudulent use of personal identification -- all of which are third-degree felonies punishable by up to five years in prison.

Here's how Strickland handled them:

* Eighteen were adjudicated guilty, 14 of whom had prior felony convictions. The other four either also faced more serious charges, such as burglary, along with their thefts, or had some minor criminal history.

* Six had their adjudication withheld, meaning they were not declared convicted felons on that day. They all received probation an no additional jail time.

* Four of the six, like Casey, had no prior criminal record, including a man who cashed nearly $2,500 in bad checks.

Of the six who had adjudications withheld, two had minor prior records: one, a theft conviction nine years earlier for helping her boyfriend steal clothes from her workplace; the other, a misdemeanor marijuana possession charge two years before he stole laptops from a Disney hotel.

If Strickland treats Anthony as he did those six first- and second-time offenders, she could expect to walk out of court without being a convicted felon -- at least, perhaps, until her murder trial is over.

Even if she is adjudicated guilty on one or more theft charge -- and later is convicted of murder and faces a death-penalty hearing -- the fraud-related conviction could not be used by the state to argue for a death penalty under the so-called "aggravating circumstance" for prior criminal history. Theft convictions are not among those considered serious enough by the legislature to be used by prosecutors in arguing for death.

When it comes to "mitigating circumstances" -- used by defense attorneys to argue against death -- Anthony's check fraud history would likely be revealed if her attorney chose to invoke the mitigating circumstance for "no significant history of prior criminal activity," lawyers say. Even if adjudication is withheld, a prosecutor could try to introduce evidence of her theft in the death-penalty hearing to counter a defense claim that she has no significant history, according to an experienced death penalty attorney.

Of course, jurors in any penalty-phase of the trial may hear about the thefts themselves -- but not the criminal charges or sentence that resulted -- in the guilt-or-innocence phase, if the judge deems her conduct in forging and cashing those checks is relevant enough to be admissible.

Anthony has pleaded not guilty in the murder of Caylee, whose remains were found in a wooded lot in December 2008. Caylee was 2 years old when she was reported missing in the summer of 2008.

http://www.clickorlando.com/news/22329290/detail.html

Big court day for Casey Anthony

Updated: Monday, 25 Jan 2010, 9:37 AM EST
Published : Monday, 25 Jan 2010, 12:35 AM EST

Nathanael Paul, Associate Producer

A judge will hold a hearing regarding both the check fraud and murder cases against Casey Anthony Monday afternoon.

One of the motions in the murder case is about the ex-wife of Roy Kronk. He's the former meter reader who found Caylee Anthony's body. The defense wants to question her again. They're looking to create suspicion in the murder around Kronk.

Anthony could also be ready to take a plea deal in the check fraud case. Prosecutors say surveillance video shows her buy items with checks she stole from her own friend.

The hearing will begin at 1:30 p.m. You can watch it live right here on MyFoxOrlando.com.

Article:
http://www.myfoxorlando.com/dpp/news/anthony_case/012510-casey

Link for Live Hearings:
http://www.myfoxorlando.com/subindex/our_programs/live

Guilty Plea Expected Monday In Casey Check Fraud Case

Posted: 4:28 pm EST January 22, 2010
Updated: 9:12 am EST January 25, 2010

ORLANDO, Fla. -- There is a major hearing coming up in the case against Casey Anthony. On Monday afternoon, for the first time, the public could actually hear Casey Anthony admit she's guilty of something.

WATCH HEARING: Live Coverage Here At 1:30pm
I will ad link to live coverage as soon as it is available)

"As Yogi Berra said, it ain't over til it's over," said WFTV Legal Analyst, Bill Sheaffer.

In Monday's hearing, Casey is expected to plead guilty in her check fraud case. Casey's defense team will also make several motions Monday in the murder case.

Sheaffer says anything could happen Monday as Casey Anthony appears before a judge for her check fraud trial.

But the most likely scenario is a plea to the judge, a deal that attorneys involved in the case refuse to talk about.

"If you can't do any worse with the judge than what the state has offered you in a plea, then you can do better," said Sheaffer.

Defense attorneys are likely hoping to get the check fraud charges out of the way in order to move on to the murder charges.

Casey appeared on video cashing stolen checks belonging to then friend Amy Huizenga.

The checks were cashed at a bank, and local Target and Winn-Dixie stores.

Casey may go to trial for her daughter's murder as a convicted felon. That could be the most significant outcome Monday if Casey goes through with her defense’s plan to offer a plea in her check fraud case.

Sheaffer believes Anthony might get a lighter sentence from a judge and could avoid being labeled a "convicted felon" on the stand during her murder trial.

"You go to trial and your client gets convicted, they're going to suffer a harsher penalty," said Sheaffer.

Casey is planning to take her plea directly to the judge, with the hopes of a more lenient sentence on charges she stole her ex-best friend's checks, forged them and cashed them to buy beer and clothes. Casey will have to stand up in court and admit to it.

“Own it. Take responsibility for it, without equivocation,” WFTV legal Analyst Bill Sheaffer said.

http://www.wftv.com/news/22316847/detail.html

Hearing Slated In Casey Anthony Case
Plea Deal Expected In Check Fraud Case

POSTED: 5:58 am EST January 25, 2010
UPDATED: 7:59 am EST January 25, 2010

ORLANDO, Fla. -- A plea deal is expected to be announced on Monday in the check fraud case against Casey Anthony.

The deal could make her a convicted felon even before the murder trial against her begins.

Anthony was charged with the murder of her daughter, Caylee Anthony, whose body was found in a wooded area near the family's home in December 2008.

Surveillance video captured Casey Anthony at local shopping stores and banks -- allegedly spending $700 of her friend's money while Caylee was missing.

Leonard Birdsong, a law professor, said pleading to something less than a felony is critical to her defense.

"Very often, when jurors hear you have a felony conviction, they are going to feel that perhaps you're lying about your story," Birdsong said.

Birdsong thinks a plea deal will be announced, and Casey Anthony will plead to something less than a felony.

"If she goes to the murder trial and takes the stand, the government, the state, will use that to impeach her testimony," Birdsong said.

Judge Stan Strickland will also hear two motions in the murder case. The first he will decide on is whether to allow videotaped testimony from the ex-wife of Roy Kronk, the man who found Caylee's remains.

The second request from the defense seeks to get records from Texas EquuSearch to prove the area where Caylee's remains were found had already been searched by volunteers.

http://www.wesh.com/news/22330815/detail.html

Is Guilty Plea Ahead For Casey Anthony?

Monday, January 25, 2010 7:46:11 AM

ORLANDO -- Casey Anthony is expected back in court today, and some think she might plead guilty to check fraud charges.

The Orange County mother is accused of killing her daughter, but first she was accused of check fraud. It is one of two items expected to be discussed this afternoon.

Ever since the check fraud trial was postponed, legal experts have been weighing in, saying they believe she's ready to change her plea.

Anthony is accused of stealing checks from a friend, cashing them at a bank for more than $400 and then buying goods at a Target store.

Despite video of Anthony at the bank and the Target store, she has denied the charge. Experts, however, think she might be ready to change her mind so her defense can focus more on her murder trial and a potential death sentence.

There is no confirmation at this point that Anthony will change her plea today, but it would not be unusual. In November, former astronaut Lisa Nowak surprised everyone with a plea change during a pre-trial hearing. She took a reduced charge to avoid prison time.

Anthony's hearing will start around 1:30 p.m. at the Orange County Courthouse.

Testimony About Roy Kronk

In addition to the check fraud charges, the afternoon hearing is also expected to deal with the circumstances surrounding the discovery of Caylee Anthony's remains.

Casey’s lawyers want to get sworn testimony from the ex-wife of Roy Kronk, the former meter reader who found the remains of Casey’s 2-year-old daughter, Caylee, in 2008.

In previous interviews, Jill Kerley told defense investigators that Kronk was violent and used duct tape to restrain her -- similar to the duct tape used on Casey’s daughter.

Deputies said Kronk is not a suspect in Caylee’s murder.

The defense is saying they don't have all the scientific studies that have been done. Prosecutors say they're still waiting for the defense to hand over a witness list and their evidence.

A motion concerning Texas EquuSearch has been delayed.

http://www.cfnews13.com/News/Local/2010/1/25/is_guilty_plea_ahead_for_casey_anthony.html

Casey Anthony: Will she seek plea in check-fraud case?

By Sarah Lundy and Bianca Prieto, Orlando Sentinel
8:33 a.m. EST, January 25, 2010

Casey Anthony could walk away from today's hearing a convicted felon. Or there may not be a resolution to the check-fraud charges she faces.

It's unclear what exactly will happen when the 23-year-old appears in court at 1:30 p.m. today.

One possibility is Anthony could take a plea deal, but prosecutors and Anthony's defense attorneys are not talking.

The accused child-killer is facing several charges in an unrelated check-fraud case.

Anthony is accused of stealing hundreds of dollars from former friend Amy Huizenga during the time her 2-year-old daughter, Caylee Marie, was missing and likely dead in 2008.

Caylee Marie's remains were discovered in December 2008.

Here are some possible outcomes today:

The defense could negotiate some type of plea deal with prosecutors ahead of time.

If Anthony pleads guilty or no contest to some of the 13 counts of check fraud, the state could decide to drop the others and recommend a sentence to Orange Circuit Court Judge Stan Strickland.

He'll have final say, but typically judges go with the sentence that had been hashed out.

The state may not offer a deal. Or it may offer one that Anthony doesn't like. She may chance her luck with Strickland. She could plead guilty or no contest to the charges and allow Strickland to decide her sentence.

Anthony could ask for a jury trial. She also could opt for a "bench trial," which means Strickland would weigh the evidence and decide her guilt or innocence.

In Anthony's case, the sticking point may be whether Strickland withholds adjudication. This means a defendant is not formally convicted of a crime.

If adjudication is withheld in the fraud case, prosecutors can't say she is a convicted felon during her murder trial.

Anthony is charged with first-degree murder in the death of her daughter, Caylee Marie. The state is seeking the death penalty. She is being held without bond at the Orange County Jail.

However, if Strickland adjudicates her guilty in the fraud case, prosecutors can use the conviction against her in the murder case, which is supposed to happen later this year.

A trial in the check fraud was supposed to start today — but that was canceled. Neither the state nor the defense has asked for more time to prepare. No new trial date has been set.

Today's court proceeding in the check-fraud case is technically classified as a "status hearing," records show.

Casey Anthony is accused of taking her friend's checks to buy more than $400 worth of clothes and groceries at Target and Winn-Dixie stores.

Security video shows her writing checks in the summer of 2008.

Investigators also say she withdrew $250 from the bank and tried to pay a $574 phone bill, but there wasn't enough money left in her friend's Bank of America account.

In July, Baez repaid $664 on behalf of his client to the bank.

A conviction in the check-fraud case could hurt Anthony during the murder trial, according to one attorney.

Attorney Andrew Chmelir — who is not involved in the Anthony case — said some jurors may choose not to believe a client if they learn about a previous felony conviction.

"In a close case, you don't want to give anything up," he said.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-will-she-plea-check-frau20100125,0,2050617,full.story

InSession/TruTv/CNN Live Stream Link

http://www.cnn.com/video/flashLive/live.html?stream=1

WKMG studies Judge Stan Strickland’s sentencing record, hints at what’s ahead today

posted by halboedeker on January, 25 2010 9:20 AM

What’s ahead for Casey Anthony today in her check-fraud hearing?

There’s rampant speculation that she will plead guilty to something this afternoon before Judge Stan Strickland. There’s more speculation about what he’ll do: adjudicate her guilty or withhold adjudication, and how his decision might affect her murder trial.

Anthony is charged with first-degree murder in the death of her daughter, Caylee. Will Anthony be a convicted felon when the murder trial starts this summer?

WKMG-Channel 6’s Tony Pipitone has consistently taken original routes to exploring the case, and you’ll often find the most interesting material in his reports. Last night, he studied Strickland’s sentencing record by focusing on 24 defendants who pled to charges similar to those faced by Anthony.

Pipitone found:

***Strickland adjudicated 18 guilty — 14 had prior felony convictions and the other four were convicted of more serious charges or had a minor criminal history.

***Strickland withheld adjudication on six, who got probation. Pipitone highlighted the case of one man who had no prior convictions but cashed nearly $2,500 in bad checks — $664 is the amount at issue in the Anthony case.

Pipitone offered this concluding analysis: “If he [Strickland] treats Casey as he did those first- and second-time offenders, she could expect to walk out of court without being a convicted felon, at least perhaps until her murder trial is over.”

If you want to better understand this case, you should catch Pipitone. He has consistently done substantial, thoughtful reports.

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/01/casey-anthony-wkmg-studies-judge-stan-stricklands-sentencing-record-hints-at-whats-ahead-today.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+entertainment%2Ftv%2Ftvguy+%28TV+Guy%29

Will Casey Anthony confess to committing a crime today?

By Amy L. Edwards and Bianca Prieto, Orlando Sentinel
12:41 p.m. EST, January 25, 2010

She has long denied killing daughter Caylee Marie Anthony, but will Casey Anthony confess to committing a crime today?

Anthony and a slew of lawyers will be back in Orange County Circuit Court at 1:30 p.m. And though there are several items on the agenda — including Anthony's quest for Texas EquuSearch's records — it's unclear exactly what will transpire.

One possibility: Anthony, 23, could make a deal with prosecutors in her check-fraud case.

In addition to the murder charge she faces in the death of her 2-year-old daughter, Casey Anthony also faces one count of grand theft and about a dozen check-fraud related charges.

Anthony is accused of stealing hundreds of dollars from a friend, Amy Huizenga, in July 2008. Investigators have said Anthony used Huizenga's checks to buy more than $400 worth of clothes and groceries at area Target and Winn-Dixie stores.

Neither prosecutors nor Anthony's defense attorneys are publicly saying if a plea deal is in the works for today.

Some of the possibilities for the check-fraud case:

•Anthony could plead guilty or no-contest to some of the 13 charges, the state could drop the others and then recommend a sentence to Judge Stan Strickland.

•The state may not offer a deal. Or it may offer one that Anthony doesn't like.

•Anthony could ask for a jury trial.

•Or Anthony could also opt for a "bench trial," which means Strickland would weigh the evidence and decide her guilt or innocence.

In Anthony's case, the sticking point may be whether Strickland withholds adjudication. This means the person is not formally convicted of a crime. If adjudication is withheld in the fraud case, prosecutors can't say she is a convicted felon during her murder trial.

If Strickland finds Anthony guilty in the check-fraud case, prosecutors could use the conviction against her in the murder case.

Strickland may not rule today.

What is known about today's hearing is that Strickland is scheduled to hear arguments from lawyers on several motions:

• Anthony's defense wants more records from Texas EquuSearch. Texas EquuSearch organized the massive searches for Caylee's remains in 2008. The defense claims its own investigation found several Texas EquuSearch volunteers who searched the area where Caylee's remains were ultimately found — in woods a few blocks away from her family's home. The defense wants Strickland to order EquuSearch to disclose "all materials" related to its Caylee searches.

• The defense wants to depose — question under oath — the ex-wife of Roy Kronk, the meter reader who found Caylee's remains in December 2008. Anthony's defense claims testimony from Jill Kerley, who was married to Kronk for about four months, is material because it will introduce evidence that Kronk should be a suspect in the case. Kerley lives in Tennessee and because of an illness cannot travel to court in Orange County, the defense stated.

• Prosecutors want Strickland to order Anthony's defense attorneys to provide the names and addresses for any witnesses they intend on calling at hearings or trial.

http://www.orlandosentinel.com/news/crime/os-casey-anthony-check-hearing-20100125,0,4803774.story

Earlier today on truTV's In Session: