Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
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Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Motion Filed To Have Judge Removed In Casey Case
Posted: 5:14 pm EDT April 16, 2010
Updated: 5:38 pm EDT April 16, 2010
ORLANDO, Fla. -- Casey Anthony’s defense filed a motion Friday to have Judge Stan Strickland removed from the case.
Jose Baez claims that Strickland should be removed because he has had contact with a blogger, who covers the Casey case, named Dave Knechel, otherwise known as Marinade Dave.
MOTION: To Remove Judge From Case
The blogger claims he told defense investigators on April 11 that he received a phone call from Judge Strickland when Knechel was sick, wishing him well.
Casey’s defense team claims Knechel developed a personal relationship with Strickland.
http://www.wftv.com/news/23176556/detail.html?treets=orlc&tml=orlc_break&ts=T&tmi=orlc_break_1_04200104162010
Posted: 5:14 pm EDT April 16, 2010
Updated: 5:38 pm EDT April 16, 2010
ORLANDO, Fla. -- Casey Anthony’s defense filed a motion Friday to have Judge Stan Strickland removed from the case.
Jose Baez claims that Strickland should be removed because he has had contact with a blogger, who covers the Casey case, named Dave Knechel, otherwise known as Marinade Dave.
MOTION: To Remove Judge From Case
The blogger claims he told defense investigators on April 11 that he received a phone call from Judge Strickland when Knechel was sick, wishing him well.
Casey’s defense team claims Knechel developed a personal relationship with Strickland.
http://www.wftv.com/news/23176556/detail.html?treets=orlc&tml=orlc_break&ts=T&tmi=orlc_break_1_04200104162010
Last edited by Justice4all on Mon Apr 19, 2010 10:49 pm; edited 1 time in total
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Casey’s Defense Wants Judge To Remove Himself From Case
Friday, April 16, 2010 5:53:47 PM
Reported by Adam Longo
ORLANDO -- News 13 has learned Casey Anthony's defense team wants Judge Stan Strickland to remove himself from the case.
The motion said Strickland had an inappropriate conversation with a man who blogs about the case.
In an interview with News 13, Knechel said Strickland told him "needless to say, I do go on the Internet and read about this case. I must say that you have the best Web site regarding this case. You investigate and you are very fair to everyone."
Later in the conversation Strickland said “No, you are very good as a writer and you stick to the facts. You are very fair and I'm impressed."
Anthony’s defense said that conversation is grounds for the Strickland to remove himself from the case.
Stay wtih News 13 for updates.
http://www.cfnews13.com/News/Local/2010/4/16/caseys_defense_wants_judge_removed_from_case.html?refresh=1
Friday, April 16, 2010 5:53:47 PM
Reported by Adam Longo
ORLANDO -- News 13 has learned Casey Anthony's defense team wants Judge Stan Strickland to remove himself from the case.
The motion said Strickland had an inappropriate conversation with a man who blogs about the case.
In an interview with News 13, Knechel said Strickland told him "needless to say, I do go on the Internet and read about this case. I must say that you have the best Web site regarding this case. You investigate and you are very fair to everyone."
Later in the conversation Strickland said “No, you are very good as a writer and you stick to the facts. You are very fair and I'm impressed."
Anthony’s defense said that conversation is grounds for the Strickland to remove himself from the case.
Stay wtih News 13 for updates.
http://www.cfnews13.com/News/Local/2010/4/16/caseys_defense_wants_judge_removed_from_case.html?refresh=1
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Blogger In Question Talks With News 13
Friday, April 16, 2010 5:13:38 PM
Reported by Jacqueline Fell
ORLANDO -- Marinadedave.com used to get about 5,000 hits a month when he had only feature content on his site.
However, ever since he started writing about Casey Anthony, it has skyrocketed to around 100,000 hits a month.
He told News 13 he's a writer who is naturally inquisitive, always asks questions, and talks to just about anybody.
Now he's become a part of the Anthony case.
Dave Knechel is more commonly known as Marinade Dave.
It's his webpage where he mostly blogs about Anthony.
"I go to the hearings, I write about it and I try to take a more neutral stance," Knechel said.
One day after a court hearing in October, his writing was recognized by Judge Stan Strickland.
Knechel was about to leave the court when a bailiff stopped him and told him the following.
“The judge wants to meet with you and I said ‘no, I don't think so’ and sure enough he just wanted to say hello and that he reads my blog,” Knechel said.
A few days after that Knechel blogged about it.
Knechel said Strickland told him "needless to say, I do go on the Internet and read about this case. I must say that you have the best Web site regarding this case. You investigate and you are very fair to everyone."
Later in the conversation Strickland said “No, you are very good as a writer and you stick to the facts. You are very fair and I'm impressed."
Anthony’s defense said that conversation is grounds for the Strickland to remove himself from the case.
In his opinion, Knechel said what the judge reads or watches on TV doesn't make a difference.
"I don't think he would formulate an opinion based on what somebody writes on a newspaper on a blog on a forum on any sort of media outlet," Knechel said.
News 13 asked Knechel about his relationship with Strickland, who said there's nothing there.
"I wouldn't say that we’re friends,” Knechel said.
Knechel said he doesn't make any money from his website, and does it simply because he is a writer and lives in Orlando.
http://www.cfnews13.com/News/Local/2010/4/16/blogger_in_question_talks_with_news_13.html?refresh=1
Friday, April 16, 2010 5:13:38 PM
Reported by Jacqueline Fell
ORLANDO -- Marinadedave.com used to get about 5,000 hits a month when he had only feature content on his site.
However, ever since he started writing about Casey Anthony, it has skyrocketed to around 100,000 hits a month.
He told News 13 he's a writer who is naturally inquisitive, always asks questions, and talks to just about anybody.
Now he's become a part of the Anthony case.
Dave Knechel is more commonly known as Marinade Dave.
It's his webpage where he mostly blogs about Anthony.
"I go to the hearings, I write about it and I try to take a more neutral stance," Knechel said.
One day after a court hearing in October, his writing was recognized by Judge Stan Strickland.
Knechel was about to leave the court when a bailiff stopped him and told him the following.
“The judge wants to meet with you and I said ‘no, I don't think so’ and sure enough he just wanted to say hello and that he reads my blog,” Knechel said.
A few days after that Knechel blogged about it.
Knechel said Strickland told him "needless to say, I do go on the Internet and read about this case. I must say that you have the best Web site regarding this case. You investigate and you are very fair to everyone."
Later in the conversation Strickland said “No, you are very good as a writer and you stick to the facts. You are very fair and I'm impressed."
Anthony’s defense said that conversation is grounds for the Strickland to remove himself from the case.
In his opinion, Knechel said what the judge reads or watches on TV doesn't make a difference.
"I don't think he would formulate an opinion based on what somebody writes on a newspaper on a blog on a forum on any sort of media outlet," Knechel said.
News 13 asked Knechel about his relationship with Strickland, who said there's nothing there.
"I wouldn't say that we’re friends,” Knechel said.
Knechel said he doesn't make any money from his website, and does it simply because he is a writer and lives in Orlando.
http://www.cfnews13.com/News/Local/2010/4/16/blogger_in_question_talks_with_news_13.html?refresh=1
Justice4all- Admin
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Marinade Dave is NOT a PRO Casey blog. Actually, he is quite fair minded. And he doesn't like posters bad mouthing any of the Anthonys. (which is why I largely save that kind of stuff for here!) kh
khintx- Posts : 4022
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
It's another delay tactic by the defense. If Judge Strickland does remove himself, I hope it backfires and Casey gets stuck with a Judge who isn't as patient with the defense and their frivolous motions.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Well....... that could add another 5 years to the possible trial date. kh
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
That's probably what the defense is hoping for.khintx wrote:Well....... that could add another 5 years to the possible trial date. kh
Unfortunately, Judge Strickland may have to remove himself to avoid the case being retried if Casey is found guilty.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
OMG.. this shit never ends.
i am getting SOOO sick of the BS from camp killer!!
i KNEW long ago, that the defense was going to ask strickland to recuse himself.. i dont remember what my reasoning was back then, but i knew it was a frequently used STALL TACTIC--and they have used up all the others, so this is the next logical step.
i HONESTLY dont think there is a memorandum at law that makes it biased for a judge to meet a blogger in a case. he is not a member of either party in the lawsuit, and it is NOT (to my knowledge) against the written judicial rules of conduct.
i admit, it was not the brightest or best looking move in the books, but legally speaking, i dont think it is grounds for a conviction being overturned...
i like stickland.. he makes the hearings bearable to watch.. it would be sad to see him go, but i agree with J4a, that it could very possibly backfire, as i doubt many judges would be as forgiving of bozo's apparent ignorancy of the law and courtroom procedure!
i am getting SOOO sick of the BS from camp killer!!
i KNEW long ago, that the defense was going to ask strickland to recuse himself.. i dont remember what my reasoning was back then, but i knew it was a frequently used STALL TACTIC--and they have used up all the others, so this is the next logical step.
i HONESTLY dont think there is a memorandum at law that makes it biased for a judge to meet a blogger in a case. he is not a member of either party in the lawsuit, and it is NOT (to my knowledge) against the written judicial rules of conduct.
i admit, it was not the brightest or best looking move in the books, but legally speaking, i dont think it is grounds for a conviction being overturned...
i like stickland.. he makes the hearings bearable to watch.. it would be sad to see him go, but i agree with J4a, that it could very possibly backfire, as i doubt many judges would be as forgiving of bozo's apparent ignorancy of the law and courtroom procedure!
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
More BS! I can't stand it!
I could be wrong, but I don't believe Strickland called up Dave and said all that. But then, see I don't like MarinadeD anyhow especially after watching his video tour because he seemed self-important to me..in other words, up his own ass! Dave probably wishes Strickland had given him kudos!
I could be wrong, but I don't believe Strickland called up Dave and said all that. But then, see I don't like MarinadeD anyhow especially after watching his video tour because he seemed self-important to me..in other words, up his own ass! Dave probably wishes Strickland had given him kudos!
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
khintx wrote:Marinade Dave is NOT a PRO Casey blog. Actually, he is quite fair minded. And he doesn't like posters bad mouthing any of the Anthonys. (which is why I largely save that kind of stuff for here!) kh
kh-I agree.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Baez reads blogs, he's made many comments in that regard. But, he also speaks to the live media whenever he has a chance to get on camera. He's also been the main clown for major TV interviews as well. He's always voiced his views and his opinions in public. So, I say... stuff it...
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I don't know if the problem is Judge Strickland meeting a blogger. The motion claims the problem is that Judge Strickland sought out Dave after a hearing and said, "needless to say, I do go on the Internet and read about this case. I must say that you have the best Web site regarding this case. You investigate and you are very fair to everyone." Strickland later said, “You are very good as a writer and you stick to the facts. You are very fair and I'm impressed."
The motion goes on to list the titles of some of the posts from the site that Judge Strickland says is "the best Web site regarding this case."
Casey Anthony must die!
Caylee’s murder: premeditated and pretty stupid, too
Guilty as CHARGED?
The motion also states that "Judge Strickland’s deliberate courting of a well known media figure raises the inference that Judge Strickland seeks publicity in his own right, and that his rulings and decisions from the bench could be improperly influenced by his desire to secure the outcome that maximizes that publicity." It also says "Judge Strickland's telephoning Mr. Knechel at home, after Mr. Knechel's hospitalization, shows that the courting of Mr. Knechel in October of 2009
was not a one-time aberration. To the contrary: Judge Strickland did so after Mr.
Knechel had already publicized the first interaction with the judge in court and that
shows that the judge is less interested in maintaining a perception of impartiality than he is in maintaining his contacts among the media, which is a violation of Canon 2 and 3 of the Code of Judicial Conduct."
Besides the stuff with Dave, the motion also mentions Strickland turning Baez into the bar based on an "untrue hearsay statement" by Dominic Casey. The motion also complains that "Judge Strickland has made off the record comments to both the prosecution and Miss Anthony’s defense lawyers that he (the judge) would like to wait until after his re-election is over to set the trial in Miss Anthony’s case and says such action reveals the judge’s concern about politics and is a violation of Canon 2 of the Code of Judicial Conduct."
The motion also cites the time in court when Judge Strickland said, "Not a bit of useful information has been provided by Ms. Anthony as to the whereabouts of her daughter. And I would add that the truth and Ms. Anthony are strangers."
That statement made in court about Casey is very true in my opinion, but may be interpreted by some as bias. I also wish Strickland would have kept his opinions about Dave's blog to himself. I have a feeling that he is going to have to step down.
The motion goes on to list the titles of some of the posts from the site that Judge Strickland says is "the best Web site regarding this case."
Casey Anthony must die!
Caylee’s murder: premeditated and pretty stupid, too
Guilty as CHARGED?
The motion also states that "Judge Strickland’s deliberate courting of a well known media figure raises the inference that Judge Strickland seeks publicity in his own right, and that his rulings and decisions from the bench could be improperly influenced by his desire to secure the outcome that maximizes that publicity." It also says "Judge Strickland's telephoning Mr. Knechel at home, after Mr. Knechel's hospitalization, shows that the courting of Mr. Knechel in October of 2009
was not a one-time aberration. To the contrary: Judge Strickland did so after Mr.
Knechel had already publicized the first interaction with the judge in court and that
shows that the judge is less interested in maintaining a perception of impartiality than he is in maintaining his contacts among the media, which is a violation of Canon 2 and 3 of the Code of Judicial Conduct."
Besides the stuff with Dave, the motion also mentions Strickland turning Baez into the bar based on an "untrue hearsay statement" by Dominic Casey. The motion also complains that "Judge Strickland has made off the record comments to both the prosecution and Miss Anthony’s defense lawyers that he (the judge) would like to wait until after his re-election is over to set the trial in Miss Anthony’s case and says such action reveals the judge’s concern about politics and is a violation of Canon 2 of the Code of Judicial Conduct."
The motion also cites the time in court when Judge Strickland said, "Not a bit of useful information has been provided by Ms. Anthony as to the whereabouts of her daughter. And I would add that the truth and Ms. Anthony are strangers."
That statement made in court about Casey is very true in my opinion, but may be interpreted by some as bias. I also wish Strickland would have kept his opinions about Dave's blog to himself. I have a feeling that he is going to have to step down.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I'm shaking my head here.
Judges are human. Judges are not above reproach.
I do not know what Judge Strickland has done here, but I do know, we do not want to see Casey Anthony walk free due to a mistrial. THAT I DO KNOW!
If Casey has to sit in the clink longer, while they get another judge, so be it. Aggravating as it is, eternally awaiting justice...... Just so long as justice is eventually served.
If Judge Stickland has been getting sloppy and not playing by the rules, best we find out before the trial, not during or after the trial.
Oi vay!
Judges are human. Judges are not above reproach.
I do not know what Judge Strickland has done here, but I do know, we do not want to see Casey Anthony walk free due to a mistrial. THAT I DO KNOW!
If Casey has to sit in the clink longer, while they get another judge, so be it. Aggravating as it is, eternally awaiting justice...... Just so long as justice is eventually served.
If Judge Stickland has been getting sloppy and not playing by the rules, best we find out before the trial, not during or after the trial.
Oi vay!
Last edited by eva on Sat Apr 17, 2010 8:50 pm; edited 1 time in total
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Defense team’s motion to remove Judge Stan Strickland draws withering reviews
posted by halboedeker on April, 17 2010 6:55 AM
Casey Anthony’s defense team was getting bad reviews for filing a motion late Friday asking Judge Stan Strickland to remove himself from the case.
“There is little doubt that one day the defense will be looking back on this motion as the worst move they’ve ever made,” said Orlando defense attorney Richard Hornsby in offering analysis for WESH-Channel 2. “Judge Strickland has previously shown fairness to Casey Anthony in the way he sentenced her in the check case.”
WFTV-Channel 9 legal analyst Bill Sheaffer praised Strickland, saying the defense “could not ask for a more impartial, patient and fair judge.”
In its motion, the defense team cited Strickland’s friendliness toward and praise for a blogger that the defense contends is pro-prosecution. That blogger is Dave Knechel, who writes as Marinade Dave.
Knechel’s view of his own blog? He said it’s “down the middle, fair and balanced” and “mild in comparison to what else is out there,” WESH’s Danielle Bellini said.
“Knechel says if the defense took the time to to read his blog, they would see he was fair to both sides, and the judge was merely recognizing that,” WKMG-Channel 6’s Mike DeForest reported.
Knechel told told WKMG about the defense motion, “It doesn’t make sense to me. It sounds like it’s almost a desperate move.”
Knechel told WFTV that Strickland was very fair. And Knechel said of the defense motion: “They’re putting their hands in hot water. They don’t know what the outcome will be. Who will the next judge be?”
WKMG anchor Louis Bolden reported that Strickland may have to rule on the motion in the next 30 days — and if he doesn’t, the motion would automatically be granted. WKMG said that Strickland wasn’t commenting.
WFTV anchor Liz Artz said, “We’re not expecting to hear anything from Judge Strickland until he takes up the motion in court.”
Anthony is charged with first-degree murder in the death of her daughter, Caylee.
http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/04/casey-anthony-defense-teams-motion-to-remove-judge-stan-strickland-draws-withering-reviews.html/comment-page-1#comment-82747
posted by halboedeker on April, 17 2010 6:55 AM
Casey Anthony’s defense team was getting bad reviews for filing a motion late Friday asking Judge Stan Strickland to remove himself from the case.
“There is little doubt that one day the defense will be looking back on this motion as the worst move they’ve ever made,” said Orlando defense attorney Richard Hornsby in offering analysis for WESH-Channel 2. “Judge Strickland has previously shown fairness to Casey Anthony in the way he sentenced her in the check case.”
WFTV-Channel 9 legal analyst Bill Sheaffer praised Strickland, saying the defense “could not ask for a more impartial, patient and fair judge.”
In its motion, the defense team cited Strickland’s friendliness toward and praise for a blogger that the defense contends is pro-prosecution. That blogger is Dave Knechel, who writes as Marinade Dave.
Knechel’s view of his own blog? He said it’s “down the middle, fair and balanced” and “mild in comparison to what else is out there,” WESH’s Danielle Bellini said.
“Knechel says if the defense took the time to to read his blog, they would see he was fair to both sides, and the judge was merely recognizing that,” WKMG-Channel 6’s Mike DeForest reported.
Knechel told told WKMG about the defense motion, “It doesn’t make sense to me. It sounds like it’s almost a desperate move.”
Knechel told WFTV that Strickland was very fair. And Knechel said of the defense motion: “They’re putting their hands in hot water. They don’t know what the outcome will be. Who will the next judge be?”
WKMG anchor Louis Bolden reported that Strickland may have to rule on the motion in the next 30 days — and if he doesn’t, the motion would automatically be granted. WKMG said that Strickland wasn’t commenting.
WFTV anchor Liz Artz said, “We’re not expecting to hear anything from Judge Strickland until he takes up the motion in court.”
Anthony is charged with first-degree murder in the death of her daughter, Caylee.
http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/04/casey-anthony-defense-teams-motion-to-remove-judge-stan-strickland-draws-withering-reviews.html/comment-page-1#comment-82747
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I'm just now reading the motion. Man, I don't know!
If Judge S really did call MDave, that's really bad personal choice! But I think MDave is lying about the calls and misrepresenting facts. He's living in fantasy land! Or else maybe someone called and just said they were Judge S! I just can't believe he'd do something that blatantly controversial!
IMO, MDave is a and has an odd mix of having low sense of self worth and strong desire for exaggerated self importance. His blog isn't like other blogs that report the news and opine about it. MDave is more involved in it like he's taking it way more personally than he should be. (and he's clearly jealous of Val and all her scientific analysis! LOL) I've never been able to take his blogging seriously. But that's just me.
The one thing about Judge S that I've not approved of though is his way of joking on the bench. He does that and often it even makes Casey laugh! His way of joking is facetious though, so I'd bet if he told MDave in court that he had the best site in the universe (paraphrased for sarcasm) he was really talking down to MDave not praising him at all! Still that would be a blunder. Perhaps MDave misstated the facts though...maybe the judge asked him rhetorically if he had the best site. I can see MDave's ego wanting to translate that into an compliment. MDave has issues I'm tellin' ya! He's not all there!
I hope the transcripts of that court day expose that MDave is wrong. I wonder if Baez has even asked for the transcript? I doubt it! He'd be too afraid he couldn't file a motion if he found out MDave misrepresented what Judge S said that day. Then he couldn't seek revenge with the judge he is holding a grudge at for turning him into the bar.
But MDave a perfect nutbag for Baez to latch onto and use for his own disgruntlement that Strickland allowed Baez to be turned into the Bar. Notice how Baez had to include that in the motion!
And Baez has some nerve accusing Strickland of using the case for notoriety and personal gain! Baez encouraged this to be a media blitz and went after a pro-bono dream team for the same reason! Baez wanted this case to be bigger than life so Casey could sell Caylee in order to pay him! And he, himself, admitted to having 'visions of grandeur'! (aspiring to use this case to become the first Spanish/Latino lawyer to lead a high profile case)
I don't think there's any law against a judge or a lawyer reading blogs or opining though. The jury is what matters! And the laws governing legal proceedings. So long as Judge S abides by those laws, perhaps he won't have to step down.
I mean when you think about it, we have Supreme Court justices who have opined personal opinions that are in contradiction to the Constitution, yet they sit on the bench protecting Constitutional law.
I hope Baez gets this motion shoved up where the sun don't shine!
If Judge S really did call MDave, that's really bad personal choice! But I think MDave is lying about the calls and misrepresenting facts. He's living in fantasy land! Or else maybe someone called and just said they were Judge S! I just can't believe he'd do something that blatantly controversial!
IMO, MDave is a and has an odd mix of having low sense of self worth and strong desire for exaggerated self importance. His blog isn't like other blogs that report the news and opine about it. MDave is more involved in it like he's taking it way more personally than he should be. (and he's clearly jealous of Val and all her scientific analysis! LOL) I've never been able to take his blogging seriously. But that's just me.
The one thing about Judge S that I've not approved of though is his way of joking on the bench. He does that and often it even makes Casey laugh! His way of joking is facetious though, so I'd bet if he told MDave in court that he had the best site in the universe (paraphrased for sarcasm) he was really talking down to MDave not praising him at all! Still that would be a blunder. Perhaps MDave misstated the facts though...maybe the judge asked him rhetorically if he had the best site. I can see MDave's ego wanting to translate that into an compliment. MDave has issues I'm tellin' ya! He's not all there!
I hope the transcripts of that court day expose that MDave is wrong. I wonder if Baez has even asked for the transcript? I doubt it! He'd be too afraid he couldn't file a motion if he found out MDave misrepresented what Judge S said that day. Then he couldn't seek revenge with the judge he is holding a grudge at for turning him into the bar.
But MDave a perfect nutbag for Baez to latch onto and use for his own disgruntlement that Strickland allowed Baez to be turned into the Bar. Notice how Baez had to include that in the motion!
And Baez has some nerve accusing Strickland of using the case for notoriety and personal gain! Baez encouraged this to be a media blitz and went after a pro-bono dream team for the same reason! Baez wanted this case to be bigger than life so Casey could sell Caylee in order to pay him! And he, himself, admitted to having 'visions of grandeur'! (aspiring to use this case to become the first Spanish/Latino lawyer to lead a high profile case)
I don't think there's any law against a judge or a lawyer reading blogs or opining though. The jury is what matters! And the laws governing legal proceedings. So long as Judge S abides by those laws, perhaps he won't have to step down.
I mean when you think about it, we have Supreme Court justices who have opined personal opinions that are in contradiction to the Constitution, yet they sit on the bench protecting Constitutional law.
I hope Baez gets this motion shoved up where the sun don't shine!
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Copied from Julie's post.....“There is little doubt that one day the defense will be looking back on this motion as the worst move they’ve ever made,” said Orlando defense attorney Richard Hornsby in offering analysis for WESH-Channel 2. “Judge Strickland has previously shown fairness to Casey Anthony in the way he sentenced her in the check case.”
That's a very good point! He was more than fair with the little witch! That should trump speculation that he might not be fair in the murder trial.
I have a question. How is Judge S going to hear this motion against his own self? Wouldn't that seem like conflict of interest?
That's a very good point! He was more than fair with the little witch! That should trump speculation that he might not be fair in the murder trial.
I have a question. How is Judge S going to hear this motion against his own self? Wouldn't that seem like conflict of interest?
LottieM- Posts : 1725
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Lottie~ The judge has 30 days to respond. Whether there will be a hearing I am not certain.kh
khintx- Posts : 4022
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I think the motion makes Judge Strickland look bad and may cause him to step down, but I must say that a lot of the facts in the motion are twisted around to make Judge Strickland look bad. He made a common sense comment when he said the truth and Miss Anthony are strangers, and as far as Marinade Dave's Blog posts, the defense uses the post titles to make Dave look like he's pro-prosecution when he clearly isn't to anybody who reads his blog. Casey Anthony must die! is a reference to all the people hellbent on Casey's execution and is not an opinion expressed by Dave in that post. The defense lists Guilty as CHARGED? without a question mark and doesn't clarify that the post is about the check fraud case. People reading the motion won't see the true content of Dave's posts unless they read the Exhibits at the end of the motion.
I personally think Judge Strickland is more than fair and having him removed will not be in the defense's best interest. It will be a shame if he is removed and every motion has to be reheard, but justice will eventually be served. If Casey wants out of the death penalty so bad, she should take a page out of John Gardner's book, admit what she did, and strike a plea deal that gives her life without parole.
I personally think Judge Strickland is more than fair and having him removed will not be in the defense's best interest. It will be a shame if he is removed and every motion has to be reheard, but justice will eventually be served. If Casey wants out of the death penalty so bad, she should take a page out of John Gardner's book, admit what she did, and strike a plea deal that gives her life without parole.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Here is newcast with MD interview if you are interested (top left of page)
http://www.wftv.com/news/23176556/detail.html
kh
http://www.wftv.com/news/23176556/detail.html
kh
khintx- Posts : 4022
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Baez is just a great big ole
He should consider stepping down if he wants Casey to have a fair trial because I'm sure the jury is going to be disgusted with him, at the very least won't understand what he'd getting at with his twisted reasoning that leaves out anything of substance and 'might' rule against Casey for lack of any real defense case that makes any sense.
He should consider stepping down if he wants Casey to have a fair trial because I'm sure the jury is going to be disgusted with him, at the very least won't understand what he'd getting at with his twisted reasoning that leaves out anything of substance and 'might' rule against Casey for lack of any real defense case that makes any sense.
LottieM- Posts : 1725
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I think MD appears to the public to be more involved in the case, because he lives right there, and happens to run a blog. He can hop in his car & videotape the scene area anytime he feels like it, which I really like his videos at the scene. Without his videos, I would still have a one-dimensional image in my mind of the area. He's has had several people from current news stories comment at his blog. (We had a few here too.)
I've read comments from other people on other blogs who live in or visit the area, some participated in the searches, some went to the vigils, some were at RG's Blanchard Park memorial, some have driven past the A's house. Many people have made comments & youtube videos on this case. I appreciate them all. It gives a deeper insight of what is actually going on down in FL. If you live right there, it's probably inevitable that you might run into some of the key players sooner or later.
I agree with J4A that the defense took the blog titles out of context, without even reading what it was about. They mis-conshtrued the title.
Thanks kh for the link. Maybe the defense is trying to cover up the story right below this one, how the inmate says Casey used a rag to administer the chloroform to Caylee.
Lottie-I think you have a point, maybe Bozo should get out now, you're right, nobody is going to understand his backwards way of reasoning.
Alot of people on other blogs are questioning Bozo's involvement of sneaking contraband (anything that is not allowed) in to Casey, letters, bracelets, etc. Who needs to file a motion on him?
I've read comments from other people on other blogs who live in or visit the area, some participated in the searches, some went to the vigils, some were at RG's Blanchard Park memorial, some have driven past the A's house. Many people have made comments & youtube videos on this case. I appreciate them all. It gives a deeper insight of what is actually going on down in FL. If you live right there, it's probably inevitable that you might run into some of the key players sooner or later.
I agree with J4A that the defense took the blog titles out of context, without even reading what it was about. They mis-conshtrued the title.
Thanks kh for the link. Maybe the defense is trying to cover up the story right below this one, how the inmate says Casey used a rag to administer the chloroform to Caylee.
Lottie-I think you have a point, maybe Bozo should get out now, you're right, nobody is going to understand his backwards way of reasoning.
Alot of people on other blogs are questioning Bozo's involvement of sneaking contraband (anything that is not allowed) in to Casey, letters, bracelets, etc. Who needs to file a motion on him?
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I hope that after Judge S responds to this motion......
khintx- Posts : 4022
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
..... he tells them all in a politically correct way to shove it where the sun don't shine........
khintx- Posts : 4022
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
.... and maybe even do this.............
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Beware of soft shoe shufflers
By Marinade Dave
April 17, 2010
Two quotes come to mind as I open this post. One comes from George Harrison. You can listen as you read.
After yesterday’s motion, do Jose Baez and Cheney Mason think they will be dancing down the sidewalks, as Casey prances between them, arm-in-arm? Mason said so. This is going to be fun!
Last month I wrote a whimsical comment…
Now, I am reading that people actually believe this to be true, as if we really did sit down together at a Waffle House and pass the syrup. One big happy family.
Let me tell you, I did not expect this nightmare to come down on me yesterday. I have maintained all along that Casey could never get a fairer judge in the state of Florida and I am of the opinion that the defense has not just shot itself in both feet, it took a shotgun blast to the liver. That’s my gut feeling.
When private investigator Jerry Lyons came calling last Sunday, I had no idea of the tack the defense would ultimately take. The guy was as smooth as butter. To be truthful, he was exactly like a car salesman who loads you up with all the options without you knowing it and before long, you pay a huge price. First, he plied me with compliments about my blog. Then, he asked me whether Casey could get a fair trial in Orlando. He questioned my friendship with police, especially Sgt. John Allen of OCSO. He segued into the judge and before I knew what he was doing, he got me to talk. Mind you, as soon as I realized what he was up to, I told him the defense would be stupid, stupid, stupid for going after Judge Strickland and I stopped. But it was too late.
Read more:
http://marinadedave.wordpress.com/2010/04/17/beware-of-soft-shoe-shufflers/
By Marinade Dave
April 17, 2010
Two quotes come to mind as I open this post. One comes from George Harrison. You can listen as you read.
Watch out now, take care
Beware of soft shoe shufflers
Dancing down the sidewalks
As each unconscious sufferer
Wanders aimlessly
After yesterday’s motion, do Jose Baez and Cheney Mason think they will be dancing down the sidewalks, as Casey prances between them, arm-in-arm? Mason said so. This is going to be fun!
Last month I wrote a whimsical comment…
I’m back. I had lunch. We all went out. Jose and gang, Linda Drane Burdick and company. I told them we wouldn’t all fit in Waffle House, but dang! We did. Cheney Mason even picked up the tab – plus, he left a big tip! Judge Strickland was telling funny jokes the whole time. I coughed in my coffee, it was so funny. The only sad part for me was that they all ate dessert, but I couldn’t.
Now, I am reading that people actually believe this to be true, as if we really did sit down together at a Waffle House and pass the syrup. One big happy family.
Let me tell you, I did not expect this nightmare to come down on me yesterday. I have maintained all along that Casey could never get a fairer judge in the state of Florida and I am of the opinion that the defense has not just shot itself in both feet, it took a shotgun blast to the liver. That’s my gut feeling.
When private investigator Jerry Lyons came calling last Sunday, I had no idea of the tack the defense would ultimately take. The guy was as smooth as butter. To be truthful, he was exactly like a car salesman who loads you up with all the options without you knowing it and before long, you pay a huge price. First, he plied me with compliments about my blog. Then, he asked me whether Casey could get a fair trial in Orlando. He questioned my friendship with police, especially Sgt. John Allen of OCSO. He segued into the judge and before I knew what he was doing, he got me to talk. Mind you, as soon as I realized what he was up to, I told him the defense would be stupid, stupid, stupid for going after Judge Strickland and I stopped. But it was too late.
Read more:
http://marinadedave.wordpress.com/2010/04/17/beware-of-soft-shoe-shufflers/
Snaz- Posts : 4972
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Anyone notice that Cheney's notary expired on November 20, 2009? He is as big a joke as JB......
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http://www.wftv.com/pdf/23176762/detail.html
Page 4
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http://www.wftv.com/pdf/23176762/detail.html
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Julie- Admin
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Judge Stan Strickland’s Background
Posted on April 17th, 2010 by Valhall
I thought it would be appropriate to revisit Judge Stan Strickland’s impeccable career and his dedication to ethics in the judicial process.
Read the article:
http://www.thehinkymeter.com/2010/04/17/judge-stricklands-background/
Posted on April 17th, 2010 by Valhall
I thought it would be appropriate to revisit Judge Stan Strickland’s impeccable career and his dedication to ethics in the judicial process.
Read the article:
http://www.thehinkymeter.com/2010/04/17/judge-stricklands-background/
Snaz- Posts : 4972
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Snaz wrote:Anyone notice that Cheney's notary expired on November 20, 2009? He is as big a joke as JB......
\
http://www.wftv.com/pdf/23176762/detail.html
Page 4
Oh....ROTFLMAO! 8)
LottieM- Posts : 1725
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
awaiting justice wrote:Lottie, I agree mith many points you made.. I didnt even consider that this may not be true...
Another way to push trial back and hope ppl will lose interest in the case so the jury pool has no knowledge about her....
I wonder how bad they want this trial held off??
I cud see MD "embellishing" his account with JS..
The part of JS calling MD while MD was in hosp is whacked though...
If JS denies calling his home, it seems plausible to think someone called MD and POSED as JS?? maybe left a name on an answering machine...
MD seems like he wud have been glad to have heard from JS.. why didnt he call him bak??? Is this even true??? Dont know MD, and he seems like an ok guy but maybe has created parts of this on his blog, to feel important..?
If JS did faithfully read MD's site, it wud have meant that JS wud have seen MD telling the whole world that JS called him up to the bench in trhe Oct 2009 post...
I doubt he wud have been comfortable with that... and I doubt he wud have made another contact attempt.. Im starting to think that this was somehow staged ....
I can also see MD cozying up to Baez hoping to get inside info on the 'truth' so he can then 'solve the case'.
RE: the bolded part above; What do you think would happen to the entire case if Strickland had to step down for reasons of bias or whatever right now? Baez would claim that equated to bias all along and then what? Do they have to start the entire case over with all the hearings and everything? Maybe not, but don't you know it's sounds like some lame thing Baez might try.
He's desperate! Casey has no hope unless Baez can throw some bs and make it stick.
LottieM- Posts : 1725
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
wow.. i just read the motion ... i didnt realize it was posted...
the defense better HOPE and PRAY that strickland does recuse himself... after the bashing that they gave him.
i too, am in the camp of "be careful what you ask for, cause you just might get it." i have often wondered why strickland was SOOO accomodating of baez lack of courtroom etiquitte and procedure, i dont think MANY other judges will put up with his BS..
i cannot believe the way they totally through him and MD under the proverbial BUS.. that was painful to read.
i would very much like to know 2 things.
one being HOW they can submit an INCOMPLETE transcript into evidence. when someone wishes to use a taped conversation as EVIDENCE, the ENTIRE transcript must be used. this is to avoid the "editing" factor. this "transcript" contained WAY too many "off subject" breaks in the conversation. no one REALLY knows how accurate it was, or WHAT they could have left out that could be material.
secondly, this motion is NOT able to be entered OR even considered as it is.. it is NOT legally notarized because mr mason is no longer a notary public. his commission is expired, and therefore NULL AND VOID. i dont even think strickland can consider it "as is.".. wonder what they will do with that, i assume, refile.
i really dont want strickland to go anywhere, however this is just another thing defense is hoping to use to get princess out on a technicality. maybe he should just give them what they want .. to avoid any questions later. =(
pretty sad when your entire defense lies on finding a LOOPHOLE in the law... speaks volumes to me on KC's ACTUAL GUILT.
the defense better HOPE and PRAY that strickland does recuse himself... after the bashing that they gave him.
i too, am in the camp of "be careful what you ask for, cause you just might get it." i have often wondered why strickland was SOOO accomodating of baez lack of courtroom etiquitte and procedure, i dont think MANY other judges will put up with his BS..
i cannot believe the way they totally through him and MD under the proverbial BUS.. that was painful to read.
i would very much like to know 2 things.
one being HOW they can submit an INCOMPLETE transcript into evidence. when someone wishes to use a taped conversation as EVIDENCE, the ENTIRE transcript must be used. this is to avoid the "editing" factor. this "transcript" contained WAY too many "off subject" breaks in the conversation. no one REALLY knows how accurate it was, or WHAT they could have left out that could be material.
secondly, this motion is NOT able to be entered OR even considered as it is.. it is NOT legally notarized because mr mason is no longer a notary public. his commission is expired, and therefore NULL AND VOID. i dont even think strickland can consider it "as is.".. wonder what they will do with that, i assume, refile.
i really dont want strickland to go anywhere, however this is just another thing defense is hoping to use to get princess out on a technicality. maybe he should just give them what they want .. to avoid any questions later. =(
pretty sad when your entire defense lies on finding a LOOPHOLE in the law... speaks volumes to me on KC's ACTUAL GUILT.
randilynn- Posts : 743
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I thought Dave wrote a piece on his blog that JS had talked to him briefly after a hearing.
Piper- Posts : 10277
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Marinade Dave just posted that he is going to be on the Haleigh Cummings & Casey Anthony show hosted by Simon Barrett. It starts at 4:00 PM ET.
Here is the link to the show.
http://www.blogtalkradio.com/simon-barrett/2010/04/18/haleigh-cummings-caylee-anthony
Here is the link to the show.
http://www.blogtalkradio.com/simon-barrett/2010/04/18/haleigh-cummings-caylee-anthony
Justice4all- Admin
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Blogger: “I Will Forever Be Remembered As Defense’s Scapegoat”
Sunday, April 18, 2010 5:52:08 AM
Reported by Amanda Evans
ORLANDO -- A blogger says he feels targeted after a motion filed by Casey Anthony's lawyers requested Judge Stan Strickland be removed from the case.
Anthony’s lawyers said Strickland had an inappropriate conversation with the man who blogs about the case.
The blogger, known on his site as Marinade Dave, is getting messages from his followers encouraging him to keep his head up.
Dave Knechel said he never looked for trouble.
Knechel started his online blog Saturday by saying, "To say I was blindsided by this defense is an absolute understatement."
He went on to say "this motion is eating me up inside because I will forever be remembered as the defense's scapegoat."
Just hours before the motion was filed, Knechel told News 13 about his relationship with Strickland.
Knechel said the judge had noticed his writing and even told him, in person, he thought his blog was fair.
Knechel said he now wishes he would have kept that interaction to himself.
But Knechel isn't holding back on what he thinks should happen with this case and his feelings for Anthony's defense team.
“What the judge needs to do is toss this motion out because it smacks of desperation. When Baez and Mason must attack a blogger and a distinguished member of the court, clearly, they have run out of options," Knechel said.
http://www.cfnews13.com/News/Local/2010/4/17/blogger_i_will_forever_be_remembered_as_defenses_scapegoat.html
Sunday, April 18, 2010 5:52:08 AM
Reported by Amanda Evans
ORLANDO -- A blogger says he feels targeted after a motion filed by Casey Anthony's lawyers requested Judge Stan Strickland be removed from the case.
Anthony’s lawyers said Strickland had an inappropriate conversation with the man who blogs about the case.
The blogger, known on his site as Marinade Dave, is getting messages from his followers encouraging him to keep his head up.
Dave Knechel said he never looked for trouble.
Knechel started his online blog Saturday by saying, "To say I was blindsided by this defense is an absolute understatement."
He went on to say "this motion is eating me up inside because I will forever be remembered as the defense's scapegoat."
Just hours before the motion was filed, Knechel told News 13 about his relationship with Strickland.
Knechel said the judge had noticed his writing and even told him, in person, he thought his blog was fair.
Knechel said he now wishes he would have kept that interaction to himself.
But Knechel isn't holding back on what he thinks should happen with this case and his feelings for Anthony's defense team.
“What the judge needs to do is toss this motion out because it smacks of desperation. When Baez and Mason must attack a blogger and a distinguished member of the court, clearly, they have run out of options," Knechel said.
http://www.cfnews13.com/News/Local/2010/4/17/blogger_i_will_forever_be_remembered_as_defenses_scapegoat.html
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Anthony Judge Recusal Defense's Worst Move
http://www.wesh.com/video/23179601/index.html
Richard Hornsby thinks Chief Judge Belvin Perry would probably take over the case if Judge Strickland recuses himself.
Chief Judge Belvin Perry, Jr.
Judicial Assignments
* 2001-2010 Chief Judge, Ninth Judicial Circuit
* 1999-2001 Circuit Judge, Orange County Civil
* 1995-1999 Chief Judge, Ninth Judicial Circuit
* 1992-1995 Circuit Judge, Orange County Criminal
* 1991 Administrative Circuit Judge, Osceola County
* 1989-1990 Circuit Judge, Osceola County
Education
* Juris Doctor: Thurgood Marshall School of Law, Texas Southern University (1977)
* Masters of Education Degree: Tuskegee University (1974)
* Bachelor of Science Degree, History: Tuskegee University (1972)
Professional Activities
* Chair, Trial Court Budget Commission
* Member, Texas Bar Association
* Member, Orange County Bar Association
* Member, The Florida Bar
http://www.ninthcircuit.org/judges/chief_judge/index.shtml
http://www.wesh.com/video/23179601/index.html
Richard Hornsby thinks Chief Judge Belvin Perry would probably take over the case if Judge Strickland recuses himself.
Chief Judge Belvin Perry, Jr.
Judicial Assignments
* 2001-2010 Chief Judge, Ninth Judicial Circuit
* 1999-2001 Circuit Judge, Orange County Civil
* 1995-1999 Chief Judge, Ninth Judicial Circuit
* 1992-1995 Circuit Judge, Orange County Criminal
* 1991 Administrative Circuit Judge, Osceola County
* 1989-1990 Circuit Judge, Osceola County
Education
* Juris Doctor: Thurgood Marshall School of Law, Texas Southern University (1977)
* Masters of Education Degree: Tuskegee University (1974)
* Bachelor of Science Degree, History: Tuskegee University (1972)
Professional Activities
* Chair, Trial Court Budget Commission
* Member, Texas Bar Association
* Member, Orange County Bar Association
* Member, The Florida Bar
http://www.ninthcircuit.org/judges/chief_judge/index.shtml
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I think the defense is hoping that if they get another judge, things will be easier for them to file an appeal afterwards. Judge Strickland has given them more leeway than any Judge I could imagine. Therefore making it VERY difficult for the defense to come up with ways & reasons for appeals. I don't think another Judge would be so...understanding on things like not being prepared for court...filing meaningless Motions, etc. JMO but I think they are hoping for a more stern Judge to make it easier on them to file those appeals afterwards.
Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I wouldn't doubt that you are right Fysty. I believe the bottom line is that they have no hope of getting Casey acquitted and are desperate to get her off on a technicality.FystyAngel wrote:I think the defense is hoping that if they get another judge, things will be easier for them to file an appeal afterwards. Judge Strickland has given them more leeway than any Judge I could imagine. Therefore making it VERY difficult for the defense to come up with ways & reasons for appeals. I don't think another Judge would be so...understanding on things like not being prepared for court...filing meaningless Motions, etc. JMO but I think they are hoping for a more stern Judge to make it easier on them to file those appeals afterwards.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I did my best to transcribe the motion for Judge Strickland to remove himself from the case. Here it is:
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
STATE OF FLORIDA, Plaintiff,
V.
CASEY MARIE ANTHONY, Defendant.
CASE NO.: 48-2008-CF-0015606-0 DIVISION: 16
Hon. Stan Strickland
DEFENDANT, CASEY MARIE ANTHONY'S, MOTION TO DISQUALIFY TRIAL JUDGE
COMES NOW the Defendant, CASEY MARIE ANTHONY, by and through her undersigned attorneys, Jose A. Baez, Esquire and J. Cheney Mason, Esquire, and, pursuant to Florida Rule of Judicial Administration 2.330, moves this Court to disqualify himself, and shows:
I. The Defendant, CASEY MARIE ANTHONY, reasonably fears that she will not
receive a fair trial because of the conduct and apparent prejudice and bias of the
judge, the Honorable Stan Strickland, because of the following reasons:
a. The precipitating grounds for disqualification is the revelation that the judge
has apparently developed a personal relationship with a journalist/blogger known fictitiously as "Marinade Dave", who has historically presented numerous stories of severe bias and prejudice against the Defendant. The revelation of the involvement between the judge and the journalist, "Marinade Dave", includes the fact that recently the judge, learned of said journalist's illness, apparently from a blog, and thereafter, in some method or manner, learned the journalist's phone number and said judge thereupon called the journalist to express his personal concern for his well-being. This relationship was not disclosed to counsel for the Defendant until said journalist was interviewed by an investigator working for the defense on Sunday, April 11, 2010. Said revelations made by "Marinade Dave", confirmed the truth of various statements made by the judge to said journalist and blogs posted by the journalist. This discovery was within ten days of the filing of this Motion for Disqualification, as required by the aforesaid Rules of Judicial Administration.
b. The gravamen of the statements and the prejudice created results from Judge
Strickland at a judicial proceeding in this case apparently recognizing the face of the journalist and requested the said journalist approach the bench. At that time the judge essentially validated the journalist's opinions and blogging actions by telling said "Marinade Dave" how he (the judge) admired "Marinade Dave" and thought him to be fair, posting the best blogs that he had read on the Internet.
c. Examples of the blogs written by journalist "Marinade Dave" that the Court apparently approved of and validated included such titles as: "Casey Anthony must die!" (April 20, 2009); "Caylee's murder: Premeditated and pretty stupid, too" (February 1, 2009); and "Guilty as charged" (June 23, 2009). Copies of said blogs are attached hereto as "Exhibit A", "Exhibit B", and "Exhibit C".
d. These specifically titled blogs and numerous other pro-prosecution assertions were posted by Mr. Dave Knechel, a/k/a "Marinade Dave", prior to the judge's statements of how fair he thought "Marinade Dave" was, etc.
e. The approval by Judge Strickland of "Marinade Dave" blogs is incomparable and chilling at a minimum as to the Defendant's expectation of a fair trial.
f. Mr. Knechel has also been interviewed by investigators working for the
prosecution and may well be a witness in this case.
2. Defense counsel, in an effort to ascertain the facts of postings by "Marinade Dave" and involvement with said website prompted undersigned counsel to have investigator, Jeremiah Lyons, locate and interview "Marinade Dave". Said interview occurred on Sunday, April 11, 2010, with a subsequent phone call between Lyons and Knechel on the following day, Monday, April 12, 2010.
3. The Affidavit of investigator Lyons, together with a transcript of the recorded
interview with Mr. Knechel, is attached hereto as "Exhibit D" in support of this Motion.
4. The cumulative effect of this recent revelation of the judge's activities and relationship with blogging, when considered in light of numerous other challenged statements of the Court, demands disqualification of this Court.
5. Attached hereto is a Memorandum of background and law in this ease culminating, with the recent discovery of revelations as set forth above, establishing absolutely clear and compelling support for the fear of the Defendant, CASEY MARIE ANTHONY, in that she cannot receive a fair trial before this judge.
4/16/2010 4:48 PM FILED IN OFFICE LYDIA GARDNER CLERK OF CIRCUIT COURT ORANGE CO FL
Personally appeared before me, the undersigned authority, the Defendant, CASEY MARIE ANTHONY, who having been duly placed under oath states that the allegations set forth in the aforesaid Motion to Disqualify Trial Judge, with accompanying Memorandum supporting her well-founded fear that she cannot obtain a fair trial before this Court, are true and correct.
AFFIDAVIT
STATE OF FLORIDA COUNTY OF ORANGE
Comes now, JEREMIAH LYONS, and who first being duly sworn deposes and says as follows:
1. I am over the age of eighteen years and a citizen of the United States of America.
2. I am a licensed private investigator holding a current license in good standing in the state of Florida.
3. I am an investigator for the defense team in the case of the State of Florida v. Casey Anthony, pending in the Circuit Court in and for Orange County, Florida, case number: 48-2008-CF-0015606-0. Part of my assignment on behalf of Miss Anthony was to locate a person known as "Marinade Dave" who hosts a website and has been "blogging" stories about the Casey Anthony case.
4. On Sunday, April 11, 2010, I did locate Mr. Dave Knechel, a/k/a "Marinade Dave", and personally interviewed him at his home.
5. With Mr. Knechel's permission, I did tape record the interview.
6. On Monday, April 12, 2010, I did personally supervise the transcription of said tape recording.
7. The following is the transcription of the interview with Mr. Knechel, a/k/a "Marinade Dave", and your undersigned Affiant on April 11, 2010:
JL: Kudos to you with this... because I always found judges, I did twenty years in law enforcement, I've been in many a courtroom, and judges have always been standoffish, they're like Gods; in their own, or Kings and that courtroom is their kingdom... and, you know, for a judge to be not standoffish or, you know, to have a personality, so to speak and to call you up. and I thought that was outstanding.
MD: Well, thank you.
JL: I really did.
MD: Well, he did, and he did call me up, and tell me what a great blog I have.., and we since communicated, briefly, but I don't want to talk about that.
JL: No, that's alright, but he said he even mentioned how fair you were.
MD: Yes, he did, he mentioned it
JL: Does that mean he thinks the other people are unfair.
MD: A lot of them are, I mean, a lot of them are... like there 's another blogger with a lot of a scientific... from that kind of standpoint, and, uh, she is really good..
(BREAK in transcription - off subject)
JL: Did Judge Strickland mention any other sites that he reads, any other blogs that he reads? ... cause he says he goes onto the internet... and..
MD: No, not really, I mean, no, he just said he doesn't know much about the internet First he said "I don't know much about computers", then he said, first, when he came out behind the bench and he said "Are you Marinade?" and I said "yes"... I used to make a marinade that I sold in stores, ok so and I started the blog to write about food and marinade, so, and then I just kinda diversified But, uh, I thought maybe he used to buy my product and that he remembered me from a food demo, it was something I used to do at Petty 's meat market, or somewhere, and uh, then he said "Dave?" and I said "Yes", and he said "you know, I'm not on the computer much and I don't know much about the internet... ", something like that, and, uh, he said ".. but I gotta tell you, you know, you've got the best blog going out there, you've got the best one, really fair, you know.. ", so I was really honored by his Honor, so, and, uh, from what I know, he is just a really nice, fair guy, and, uh, some of the lawyers I have talked to about him, say the same thing and that's why he is so good at what he does. He is not going to be the one who has the final word, except for if she 's found guilty, it's going to be the jury's job... but, uh, I think that you will be able to see a good jury, a fair jury...
(BREAK in transcription - off subject)
JL: ..but you weren't kidding around when he said that you have the best blog going?
MD: No, no.
JL: That's the truth?
MD: Oh, yeah, he did say that...
(BREAK in transcription - off subject)
JL: When he said that you have the best blog out there... that means, you know...
MD: You know, it doesn't take long to read something that I'm writing and say, you know, this guy is giving it from all sides, then he goes to another one, and just kind of spending a few minutes a day or whatever and he says, hey, there is nothing but hate in here and then he turns away from it...
(BREAK in transcription - off subject)
A: How many times do you think you talked to him about this?
MD: I just talked to him that one time.
JL: Just that one time?
MD: Yeah, so, uh, he called me when I was in the hospital and he called me... I was in the hospital with a heart problem, I'm a diabetic and I gotta a lot of like conditions now.
JL: When was this? MD: In February, I was in for six days.
JL: Just two months ago?
MD: Yeah.
JL: Gee, whiz.
MD: And, uh, he called me when I got out and just said "I just wanted to check in, you know, wish you well."
JL: That means he 's a nice guy.
MD: Oh, he is a real nice guy.
(BREAK in transcription - off subject)
JL: When you first spoke to Strickland, when was that?
MD: It was the first hearing I went to, I'd have to, uh, look it up. JL: Is that when he said, about...
MD: That's when he saw me and called me up.
JL: But that was, that wasn't in February when he...
MD: No, no, no, no, no. When he called me in February, it was just to say
hello, he said I saw that you were, you know...
JL: How long before that did he speak to you personally? MD: Oh, it was months, it was October.
JL: Oh okay.
MD: I think it was...
JL: Was February the only time you heard from him?
MD: No, no, no, that's it. Yeah. Just in October and February, oh yeah, he is a busy man. I think it's nice that he cares about me.
JL: Oh, yeah, evidently, he does.. or else he wouldn't have called you.
MD: ...and he looks at me as being very fair, which I think is, uh, is nice that he feels that way, that means that he is very fair.
JL: Right.
(BREAK in transcription - off subject and recording eventually ends)
8. On the following day, April 12, 2010, I spoke with Mr. Dave Knechel by telephone. Mr. Knechel provided the following information during this conversation:
"He told me that in February while he was in the hospital, he posted his hospital stay on his blog along with a picture of his room. He again said that he never told Judge Strickland that he was in the hospital and that this is most likely the only way he could have known that he was."
9. I reviewed some of the blogs from Mr. Knechel's website, including one dated
October 19, 2009 titled "It was my honor, your pleasure...". Mr. Knechel confirmed that:
"Judge Strickland told him that he was not a computer person, nor was he very good on the Internet." "Needless to say I go on the internet to read about this case." "I must say that you have the best web site regarding this case." "You investigate and you are very fair to everyone." "You are a very good writer and you stick to the facts." "You are very fair and I'm impressed "
10. During the April 12, 2010 conversation, Mr. Knechel confirmed that the statements attributable to Judge Strickland as set forth above are "absolutely true".
11. On Sunday, April 11, 2010, I relayed the general information regarding my personal interview with Mr. Knechel to Mr. J. Cheney Mason, one of the attorneys representing Casey Anthony. On Monday, April 12, 2010, I went to Mr. Mason's office to arrange for the transcription of the interview and, further, advised Mr. Mason of the above-referenced content pursuant to my telephone call with Mr. Knechel on April 12, 2010.
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
V.
CASEY MARIE ANTHONY, Defendant. CASE NO.: 48-2008-CF-0015606-0 DIVISION: 16
Hon. Stan Strickland
MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION TO DISQUALIFY TRIAL JUDGE
COMES NOW the Defendant, CASEY MARIE ANTHONY, by and through her attorneys, Jose A. Baez, Esquire and J. Cheney Mason, Esquire, and respectfully submit this Memorandum in Support of her Motion to Disqualify Trial Judge, and shows:
STATEMENT OF FACTS
1. CASEY MARIE ANTHONY was arrested on July 16, 2008. The charge was Child
Endangerment, a Third Degree Felony, and Making False Statements to Law
Enforcement.
2. Soon after Miss Anthony's arrest, her case became -a national media-driven phenomenon featuring extensive coverage in both local and national media outlets.
3. The Honorable Stan Strickland, Circuit Judge, was assigned to Miss Anthony's case. On July 22, 2008 Judge Strickland conducted a bond hearing and set bail for Miss Anthony on the Third Degree Felony and misdemeanors of five hundred thousand dollars ($500,000.00). During that proceeding, the judge, on the record, stated that "...the truth and Miss Anthony are strangers". Miss Anthony had not testified in any capacity.
4. At Miss Anthony's bond hearing, Judge Strickland further stated that it was Miss
Anthony's Constitutional Right not to speak, yet, in the same hearing, the judge stated "and normally she would be entitled to a reasonable bond... [but] not a bit of useful information has been provided by Miss Anthony".
5. Judge Strickland referred one of Miss Anthony's attorneys to the Florida Bar for
disciplinary investigation based upon an untrue hearsay statement of an investigator at that time hired by the Defendant's parents, which statements, even if true, was entirely legal and did not constitute grounds for disciplinary action.
The attorney was cleared by the Bar Association.
6. Judge Strickland has made off the record comments to both the prosecution and Miss Anthony's defense lawyers that he (the judge) would like to wait until after his re-election is over to set the trial in Miss Anthony's case. Such action reveals the judge's concern about politics and is a violation of Canon 2 of the Code of Judicial Conduct.
7. In November of 2008, Dave Knechel, also known as "Marinade Dave", began writing posts about Miss Anthony and her case on his blog, "Marinade Dave's Mindblogging". By January of 2009, eleven out of Marinade Dave's fifteen posts during the month were about Miss Anthony's case. See Dave Knechel, "Entries from January, 2009", Marinade Dave's Mindblogging, "Available at http://marinadedave.wordpress.com/2009/01/
8. On October 19, 2009, Mr. Knechel posted an entry on his blog describing an encounter he had with Judge Strickland after a Motions hearing in Miss Anthony's case that Mr. Knechel attended on October 1 6th, See Dave Knechel, "It was my honor, your pleasure...", Marinade Dave's Mindblogging, available at http://marinadedave.wordpress.com/2009/10/19/it-was-my-honor-your-pleasure/
9. The blog posts allege that following the Motions hearing, Judge Strickland sent a bailiff to collect Mr. Knechel from the gallery and had him brought before the bar to where Judge Strickland was standing. Id. Mr. Knechel further described how Judge Strickland said "Needless to say, I do go on the internet and read about this case...1 must say that you have the best website regarding this case." Id.
10. On April 10, 2010, Mr. Knechel was interviewed by Miss Anthony's defense team investigator. In that interview, Mr. Knechel described how, in February of 2010, he had been hospitalized for a few days. According to Mr. Knechel, he later received a telephone call at home from Judge Strickland, wishing him well. See Jeremiah Lyons' Affidavit, "Exhibit 13" to Motion to Disqualify.
11. Upon learning, on April 11, 2010, of Judge Strickland's second initiation of contact with a media figure covering Miss Anthony's case, ("Marinade Dave"), defense counsel prepared the Motion to Disqualify Trial Judge. Said Motion is within the ten days prescribed by law. Florida Rules of Judicial Administration 2.330 (requiring Motion to disqualify to be filed within ten days after discovery of facts constituting the grounds for the Motion). This recent discovery has precipitated the filing of this Motion. References to the other improprieties give support to the fear of the Defendant in having a fair trial before Judge Strickland.
12. Judge Strickland’s deliberate courting of a well known media figure raises the inference that Judge Strickland seeks publicity in his own right, and that his rulings and decisions from the bench could be improperly influenced by his desire to secure the outcome that maximizes that publicity.
13. Due to Mr. Knechel's relentless pro-prosecution bias, as evidenced in his blog posts, any reasonable observer could conclude that Judge Strickland's endorsement of Mr. Knechel's blog is evidence of Judge Strickland's own pro-prosecution slant in this case.
14. Furthermore, Judge Strickland's telephoning Mr. Knechel at home, after Mr.
Knechel's hospitalization, shows that the courting of Mr. Knechel in October of 2009 was not a one-time aberration. To the contrary: Judge Strickland did so after Mr. Knechel had already publicized the first interaction with the judge in court and that shows that the judge is less interested in maintaining a perception of impartiality than he is in maintaining his contacts among the media, which is a violation of Canon 2 and 3 of the Code of Judicial Conduct.
15. Judge Strickland's courting favor with media sources violates Canon 2(a) and 3(b) of the Code of Judicial Conduct.
ARGUMENT
The role of an independent judiciary is paramount to American concepts of justice and the rule of law. The American legal system is firmly based upon the principle that an independent, fair and competent judiciary will interpret and apply governing law. Fla. Code Jud. Conduct (2010) (hereafter "Fla. Code"). Judges should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence. ABA Model Code of Jud. Conduct (2007) (hereafter "ABA"). Judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. Fla. Code. Judges should maintain the dignity of judicial office at all times, and avoid public perception of impropriety in their professional and personal lives. ABA Rule 1.2 cmt. 1 (2007). An independent judiciary requires that judges decide cases according to the law and facts and not according to the views and opinions of outside sources, including that of the public and the media. See Fla. Code Canon 3. A judge shall avoid even the appearance of impropriety at all times and whether the conduct would create in reasonable minds a perception that the judge's ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired. ABA Rule 1.2 cmt. 5 (2007). A judge shall disqualify himself or herself where his impartiality might reasonably be questioned. ABA Rule 2.11 (2007). A motion to recuse must be granted if the facts alleged "would prompt a reasonably prudent person to fear that he could not get a fair and impartial trial from the judge," Nunez v. Backman, 645 So. 2d 1063, 1064 (Fla. 4th Dist. Ct. App. 1994). In such a circumstance, the facts alleged are to be taken as true and their veracity should not be considered by the judge. State Farm Mut. Auto. Ins. Co. v. Penland, 668 So. 2d 200,204 (Fla. 4th Dist. Ct. App.1995).
I. Judge Strickland Should Recuse Himself Because His Decisions Show A Bias In Favor Of Media Coverage At The Expense Of Miss Anthony's Constitutional Rights.
Both the Florida and ABA rules of ethical conduct for judges do not merely require the trial judge to show no bias toward either party. Rather, the rules clearly require that the judge avoid creating the public perception of any external influence on the judge's behavior and, ultimately, decisions. See ABA Rule 2.4 (2007). A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the
4/16/2010 4:48 PM FILED IN OFFICE LYDIA GARDNER CLERK OF CIRCUIT COURT ORANGE CO FL judiciary. Fla. Code Canon 2A. A judge shall not be swayed by partisan interest, public clamor, or fear of criticism. See Fla. Code Canon 3B. This includes any perception that the judge is biased in favor of publicity and media coverage. The unparalleled access of the media in today's world can give rise to the very real fear that a judge might cater to the media and deliver judgments that seek to maximize publicity. Novartis Pharms. Corp. v. Carnato, 840 So. 2d 410 (Fla. 4th Dist. Ct. App. 2003) (remanded on other grounds) (Klein, J., dissenting). Even the mere perception that judicial decision making is subject to inappropriate outside influences can severely erode confidence in the Judiciary. ABA Rule 2.4 cmt. 1 (2007).
Miss Anthony will not receive a fair and impartial trial from Judge Strickland because his rulings contemplate media opinion and reaction and are biased in favor of media coverage. Even if a judge's courting of the media covering his case indicates no particular bias toward either party, it can still raise the specter of the judge's interest, intentional or not, in securing the highest level of publicity. The public's faith in the justice system can be equally shaken by a perception that a judge's behavior and decisions are influenced by his desire for media coverage. Judge Strickland's inappropriate relationship with the media gives rise to a reasonable belief that his rulings are influenced by improper outside sources. This creates an inevitable inference that the media's beliefs, thoughts, and concerns are playing an inappropriate role in his decision-making. A motion to recuse must be granted when a reasonable person would believe that she would not receive a fair decision from a judge who considers media opinion and reaction during a case. See Coleman v. State, 866 So. 2d 209.
II. Judge Strickland's Contacts With Dave Knechel ("Marinade Dave") Inescapably
Leads Reasonable People To Conclude That He Is Biased In Favor of Publicity-Enhancing Outcomes.
4/16/2010 4:48 PM FILED IN OFFICE LYDIA GARDNER CLERK OF CIRCUIT COURT ORANGE CO FL
Judge Strickland's deliberate courting of Mr. Knechel gives rise to just such an inference of bias. His conduct therefore fatally undermines Miss Anthony's interest in receiving a fair trial. First, a reasonable person could conclude from Judge Strickland's conduct that he has been attempting to court a friendly voice in the blogosphere and to secure positive commentary on his handling of this controversial case. Second, Mr. Knechel's subsequent glowing treatment of Judge Strickland following the judge's solicitation of his goodwill could reasonably raise an inference that Judge Strickland has an interest in maintaining his standing in Mr. Knechel's, and by extension, the public's, eyes. The actions by the judge validating and expressing approval of "Marinade Dave's" articles calling for the Defendant to die and proclaiming her guilty as charged, as set forth in Exhibits A, B, and C of the Motion, are likely unprecedented in responding to public clamor for conviction and execution of Miss Anthony, long before having a trial.
A. Judge Strickland's deliberate solicitation of Mr. Knechel raises the reasonable inference that his performance of his judicial duties is compromised by his desire for publicity. This case is remarkable for the media attention it has attracted ever since Miss Anthony's initial arrest in July 2008. All the major media outlets in the Orlando area have web pages devoted solely to Miss Anthony) Dozens of blogs have forums established exclusively to dissect and analyze Miss Anthony's legal proceedings. 0ne network has hired an in-house attorney for the sole purpose of analyzing the legal issues of Miss Anthony's pre-trial proceedings. Many of these web sites provide lively discussion boards where posters discuss and dissect every aspect of Miss Anthony's court appearances, from Miss Anthony's elothes4 to the behavior of counsel to the rulings and demeanor of the judge. As the judge in this case, Judge Strickland must be aware of the intense media scrutiny surrounding Miss Anthony and her upcoming murder trial. Prudent adherence to Florida's Code of Judicial Conduct should have led Judge Strickland to refrain from any contact with the bloggers who follow the case on a day-by-day basis and provide written commentary on nearly every aspect of what transpires in his courtroom. "A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding." Fla. Code Jud. Conduct Canon 3(B)(7). Moreover, Florida courts have held that a judge's communications with the media can lead a reasonable person to believe that the judge's impartiality has been compromised. Coleman v. State, 866 So. 2d 209, 211 (4 DCA 2004).
In Novartis Pharms. Corp. v. Carnato, 840 So. 2d 410 (Fla. 4th Dist, Ct. App. 2003), the defendant sought a writ of prohibition to disqualify the trial judge based on the judge's comments to the media. Id. Although the Court of Appeal did not decide the merits of the motion, instead reversing the trial court's dismissal on procedural grounds and remanding, one judge would have reached the merits to hold that the judge's comments required recusal. Id. at 411. Judge Klein's opinion quotes the Court of Appeals for the District of Columbia Circuit to the effect that "[m]embers of the public may reasonably question whether the District Judge's desire for press coverage influenced his judgments, indeed whether a publicity-seeking judge might consciously or subconsciously seek the publicity-maximizing outcome." Id. (quoting United States v. Microsoft Corp., 253 F.3d 34, 115 (D.C. Cir. 2001)). The danger that a judge's decisions, rulings, or behavior on the bench might be influenced by a conscious or even subconscious desire for publicity and positive press coverage should function as a constraint on his interactions with the media. Here, Judge Strickland's purposeful and repeated courting of Mr. Knechel indicate that he has not followed those constraints. Mr. Knechel is a prominent blogger covering Miss Anthony's case. His page carries near-daily updates of all the minutiae involved in Miss Anthony's court appearances and the various publicity-seeking characters who have attached themselves to this case. Mr. Knechel's blog post describing his first encounter with Judge Strickland is instructive. First, Judge Strickland sent a court employee, the bailiff, to collect Mr. Knechel from the gallery and bring him to the judge's exit door. -According to Mr. Knechel, Judge Strickland said, "Needless to say, I do go on the Internet and read about this case." Id. The judge then further said, "I must say that you have the best Web site regarding this case." Id Taken together, these comments indicate that Judge Strickland a) follows the intensive and non-stop media coverage of Miss Anthony's case, and b) has weighed the relative merits of the various blogs and websites to come to the conclusion that Mr. Knechel's website is "the best." This communication on its own would lead a reasonable person to infer that Judge Strickland has an interest in courting positive media coverage from a friendly source. For him to have taken the extraordinary measure of calling Mr. Knechel over to the bench in order to solicit his goodwill could lead a reasonable observer to conclude that Judge Strickland may, even subconsciously, be performing his duties in a manner calculated to maximize the publicity and favorable coverage of his handling of this difficult and controversial case. Like the defendant in Coleman, Miss Anthony thus reasonably has "a fear that [s]he could not receive a fair decision from a judge who considers media opinion and reaction during a case." 866 So. 2d at 210.
Judge Strickland's second contact with Mr. Knechel only strengthens the inference of media bias and Miss Anthony's concurrent fear of not receiving a fair trial. Judge Strickland should have known that his contact with a prominent blogger, focusing nearly exclusively on Miss Anthony's case, could create the impression that his judicial conduct is influenced by his desire for positive coverage. Moreover, Mr. Knechel responded to Judge Strickland's solicitation by posting a long blog post describing the encounter, positively gushing about his having been selected from all the media figures present for special treatment. In spite of the long post, and the commentary that Mr.Knechel's perceived special relationship with the judge inspired on the blog, Judge Strickland continued the relationship when he telephoned Mr. Knechel at home in mid-February 2010. Mr. ICnechel did not post his home telephone number on his blog on February 16, 2010. It is unknown how Judge Strickland learned the number. Although of course Judge Strickland's concern for Mr. Knechel's health is commendable, the Florida Judicial Ethics Committee has recently issued an ethics opinion treating the issue of judge-attorney friendships. The Committee warned that "a judge must expect to be the subject of constant public scrutiny, and the impressions that arise from such a relationship." Florida Judicial Ethics Committee, Opinion 2009-20. Here, Judge Strickland's continuing of the relationship—even if purely personal—with a prominent blogger further erodes a reasonable person's belief in his ability to rule from the bench without regard for media reaction.
B. Mr. Knechel's subsequent treatment of Judge Strickland raises the reasonable inference that his performance of his judicial duties is compromised by his desire to maintain the good opinion of the media. Judge Strickland's initiation of contact with Mr. Knechel raises a reasonable inference that he seeks positive media coverage of his conduct in Miss Anthony's trial. Mr. Knechel's subsequent treatment of Judge Strickland on his blog, however, raises another inference: that Judge Strickland has an interest in maintaining the good favor of the press he has cultivated. Based on Mr. Knechel's glowing descriptions of Judge Strickland in the months since the October 19, 2009 encounter, an observer could reasonably conclude that Judge Strickland has an interest in maintaining that positive coverage. Miss Anthony thus has a reasonable fear that Judge Strickland's rulings may reflect his desire to sustain his positive reputation in the press and on the blogs, and not his impartial, considered judgment.
After the October 16, 2009 conversation between Mr. Knechel and Judge Strickland, Mr. Knechel's blogs posts increased the number of times he mentioned Judge Strickland. Not only did he increase the number of times he talked about Judge Strickland, he became fervent in his enthusiasm for the judge's performance in the courtroom. On October 27, 2009, a mere nine days after his conversation with Judge Strickland, he wrote a posting titled "They could never ask for a better judge". In this post, he writes how about watching Judge Strickland in the courtroom and how he found "his candor quite refreshing and I welcomed his open-mindedness. I saw live how sharp and focused he remains at all times. He is very well-mannered, well-informed, highly intelligent and because of his personality, humble to boot." (Dave Knechel, "They could never ask for a better judge," Marinade Dave's Mind Blogging, October 27, 2009, available at http://marinadedave.wordpress.com/2009/10/27/they-could-never-ask-for-a-better-judge/ ) He then attached a supplement from criminal defense lawyers writing positive mentions about Strickland. Id. His subsequent blog entries continue stating zealous pro-Strickland statements, rhapsodizing about Judge Strickland with comments such as "this man is all about integrity and fairness" and "instead of letting each side argue this motion, he patiently waited until the right moment to gracefully interject. That's what I really, really like about him." Dave Knechel, "A lot of good lawyering today," Marinade Dave's Mind Blogging, December 11, 2009, available at http://marinadedave.wordpress.corn/2009/12/11/a-lot-of-good-lawyering-today/ He also describes how Judge Strickland made wise decisions when he "denied a motion to dismiss double jeopardy charges of check fraud, he denied a motion to stop the Orange County Jail from videotaping meetings with her attorneys and he denied the defense's request to destroy video of any and all visits from her family." Dave Knechel, "Motion Sickness," Marinade Dave's Mind hogging, December 18, 2009, available at http://marinadedave.wordpress.com/2009/12/18/motion-sickness! Mr. Knechel later showed ardent admiration of how "Judge Strickland is not a TV crime solving judge although I'm sure he could get his own show when the trial is over." Dave Knechel, "Dear Concerned Citizen," Marinade Dave's Mind Blogging, January 16, 2010, available at http://marinadedave.wordpress.com/2010/01/16/dear-concerned-citizen/ Mr. Knechel also opined that "Judge Stan Strickland rules!" and "he is the best judge around." Dave Knechel, "A Personal Reflection," Marinade Dave's Mind Blogging, January 25, 2010, available at http://marinadedave.wordpress.com/2010/01/25/a-personal-reflection/ He later opined, "Judge Strickland will have a lot to say on this matter and we all know safe, sane and reasonable he is." Dave Knechel, "Casey Anthony, Guilty of Indigence?", Marinade Dave's Mind Blogging, March 6, 2010, available at http://marinadedave.wordpress.com/2010/03/06/casey-guilty-of-indigence/ Only a few weeks later, he described how he notices how Judge Strickland's "relaxed demeanor translates well in court and that he may be larger than life in the scheme of this case he sits in judgement of, but he is far from intimidating. Everyone likes and respects him. He is approachable." Dave Knechel, "Will Mason Jar the State?", Marinade Dave's Mind Blogging, March 19, 2010, available at http://marinadedave.wordpress.com/2010/03/19/will-mason-jar-the-state/ These enthusiastic blog entries after the October 16, 2009 conversation shows how Dave is keeping Judge Strickland in press in a positive manner. A reasonable observer, then, could easily infer from Judge Strickland's solicitation of Mr. Knechel's good will and the resulting dramatic increase in positive coverage of Judge Strickland on Mr. Knechel's blog that the judge has a publicity interest in maintaining that coverage. Judge Strickland has admitted that he follows the blogs covering Miss Anthony's case and Mr. Knechel's blog in particular. He also initiated the contact with Mr. Knechel, a prominent blogger whose coverage of Miss Anthony's case has garnered him an award for "Central Florida's Best News Blog." See Dave Knechel, "Orlando's Rockin' Blogs," Marinade Dave's Mind Blogging, December 19, 2009, available at http://marinadedave.wordpress.com/2009/12/19/orlandos-rockin-blogs-the-orlando-sentinel-orbbies-winners/ A reasonable observer could thus conclude that Judge Strickland has an interest in slanting his conduct on the bench in favor of a publicity-maximizing outcome. See Novartis Pharms. Corp. v. Carnato, 840 So. 2d at 411.
III. Judge Strickland’s Endorsement of Mr. Knechel’s Pro-Prosecution Blog Gives Rise To A Reasonable Inference That Judge Strickland Is Biased Toward The State.
As argued above, Judge Strickland’s interactions with Mr. Knechel give rise to a reasonable inference that he has an interest in both creating and sustaining positive media coverage of his role in the case. That interest, or publicity bias, is unrelated to Judge Strickland's treatment of either party in and of itself; instead, it merely creates a reasonable fear in Miss Anthony that the judge's rulings are affected by his perceptions of the media reaction and opinion.
However, Judge Strickland's solicitation and maintenance of his relationship with Mr. Knechel also raises another, and more-sinister, inference: that Judge Strickland's interactions with Mr. Knechel reflect or could be perceived to reflect a pro-prosecution bias. The tenor of Mr. Knechel's coverage of Miss Anthony's case displays a strong pro-prosecution slant on his part, repeatedly offering his opinion as to Miss Anthony's guilt and nefarious character. Judge Strickland's public courting of Mr. Knechel could reasonably be seen as an endorsement of those opinions. Mr. Knechel has written extensively about the Anthony case. His writings are posted to his blog-and accessed by Judge Strickland through the Internet. Mr. Knechel's prior writings, of which Judge Strickland feels are "really fair" and the "best blog out there," have titles which include "Casey Anthony must die!," "Caylee's murder: premeditated and pretty stupid too," and "Guilty as CHARGED." The contents of these blog posts—prior to October of 2009, when Judge Strickland first approached Mr. Knechel—predominately include pro-prosecution assertions. In Mr. Knechel's blog posting on February 1, 2009 he gives a synopsis of his theory of the case in which he paints Casey Anthony as a lazy, foul-mouthed liar who killed her child and was too stupid to realize that the body would be found when she disposed of it so close to the Anthony home. Mr. Knechel's theory paints Ms. Anthony as just another dumb party girl willing to do anything to maintain her dumb party girl image. He asserts his belief that Caylee's death was the result of a premeditated crime and that murdering Caylee was the way for Ms. Anthony to return to her carefree days of her childhood. Mr. Knechel goes as far as to assert that Ms. Anthony was a psychopath with low self-esteem who sometimes has a violent side and whose impulsive nature is what led her to kill Caylee. The blog entry concludes by asserting that Ms. Anthony is another murderer who deserves punishment and that when she does, Ms. Anthony will become a footnote in history. See Dave Knechel, "Caylee's murder: premeditated and pretty stupid, too," Marinade Dave's Mind Blogging, February 1, 2009, available at http://marinadedave.wordpress.com/2009/02101/caylees-murder-premeditated-and-pretty-stupid-too/ These are the very assertions to which Judge Strickland was presumably referring when he concluded that Mr. Knechel has "the best blog going out there," one that is "really fair."
Mr. Knechel' s pro-prosecution bias is not limited to his antipathy for Miss Anthony. His blog has also repeatedly attacked the members of Miss Anthony's defense team. In one blog posting, he accused a member of the defense team of being a liar and that a Bar Grievance Committee's finding "insufficient evidence" against the lawyer as "impossible". Dave Knechel, "Baez beats bar," Marinade Dave's Mind Blogging, September 1, 2009, available at http://marinadedave.wordpress.com In another posting, Mr. Knechel refers to another member of the defense team joining the case as "someone new to hate." Dave Knechel, "Hearing Updates," Marinade Dave's Mind Blogging, May 28, 2009, available at http://marinadedave.wordpress.com/2009/05/28/andrea-d-lyon-caseys-new-death-penalty-qualified-attomey/ These posts indicate that the blogger so assiduously courted by Judge Strickland harbored not only a bias against Miss Anthony but, by extension, against the members of her defense team—and that Judge Strickland, who apparently had been reading Mr. Knechel's blog for some time before the October 19, 2009 encounter, knew or should have known of that bias.
A judge must perform judicial duties impartially and fairly. A judge who manifests bias on any basis in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. Clearly, Judge Strickland's perception of this case is pro-prosecution. His bias is evident by his assertion that Mr. Knechel's has a "fair" account of the facts in this case. A judge shall disqualify himself where his impartiality might reasonably be questioned. Fla. Code Jud. Conduct, Canon 3(E)(1). In this case, Judge Strickland should be disqualified. His bias impairs the fairness of the proceedings in this case and violates Ms. Anthony's rights. When a Motion to disqualify is filed, the judge is required to immediately rule on the Motion. Shah v. Harding, 839 So.2d 765 (3 DCA 2003). In ruling on the Motion, the judge shall determine only the legal sufficiency of the Motion and shall not pass on the truth of the facts alleged. Knarick v. State, 866 So.2d 165 (2 DCA 2004). The Court must view the alleged facts from the perspective of the moving party, Frengel v. Frengel, 880 So.2d 763 (2 DCA 2004), and not the Court's own perception of his ability to act fairly and impartially. Valdes-Fauli v. Valdes-Fauli, 903 So.2d 214 (3- DCA- 2005). It is a feeling that resides in the movant's mind, not a question of how the judge feels. Wargo v. Wargo, 669 So.2d 1123 (4 DCA 1996).
CONCLUSION
Judge Strickland’s duty to preside over this case with impartiality is of utmost importance. His repeated and deliberate courting of a prominent media figure in this case has undermined the appearance of impartiality to the degree that Miss Anthony has a reasonable fear that she may not receive a fair trial. Because Judge Strickland's actions and comments have raised the inference of judicial bias, this Court should grant Miss Anthony's Motion to Disqualify Trial Judge.
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
STATE OF FLORIDA, Plaintiff,
V.
CASEY MARIE ANTHONY, Defendant.
CASE NO.: 48-2008-CF-0015606-0 DIVISION: 16
Hon. Stan Strickland
DEFENDANT, CASEY MARIE ANTHONY'S, MOTION TO DISQUALIFY TRIAL JUDGE
COMES NOW the Defendant, CASEY MARIE ANTHONY, by and through her undersigned attorneys, Jose A. Baez, Esquire and J. Cheney Mason, Esquire, and, pursuant to Florida Rule of Judicial Administration 2.330, moves this Court to disqualify himself, and shows:
I. The Defendant, CASEY MARIE ANTHONY, reasonably fears that she will not
receive a fair trial because of the conduct and apparent prejudice and bias of the
judge, the Honorable Stan Strickland, because of the following reasons:
a. The precipitating grounds for disqualification is the revelation that the judge
has apparently developed a personal relationship with a journalist/blogger known fictitiously as "Marinade Dave", who has historically presented numerous stories of severe bias and prejudice against the Defendant. The revelation of the involvement between the judge and the journalist, "Marinade Dave", includes the fact that recently the judge, learned of said journalist's illness, apparently from a blog, and thereafter, in some method or manner, learned the journalist's phone number and said judge thereupon called the journalist to express his personal concern for his well-being. This relationship was not disclosed to counsel for the Defendant until said journalist was interviewed by an investigator working for the defense on Sunday, April 11, 2010. Said revelations made by "Marinade Dave", confirmed the truth of various statements made by the judge to said journalist and blogs posted by the journalist. This discovery was within ten days of the filing of this Motion for Disqualification, as required by the aforesaid Rules of Judicial Administration.
b. The gravamen of the statements and the prejudice created results from Judge
Strickland at a judicial proceeding in this case apparently recognizing the face of the journalist and requested the said journalist approach the bench. At that time the judge essentially validated the journalist's opinions and blogging actions by telling said "Marinade Dave" how he (the judge) admired "Marinade Dave" and thought him to be fair, posting the best blogs that he had read on the Internet.
c. Examples of the blogs written by journalist "Marinade Dave" that the Court apparently approved of and validated included such titles as: "Casey Anthony must die!" (April 20, 2009); "Caylee's murder: Premeditated and pretty stupid, too" (February 1, 2009); and "Guilty as charged" (June 23, 2009). Copies of said blogs are attached hereto as "Exhibit A", "Exhibit B", and "Exhibit C".
d. These specifically titled blogs and numerous other pro-prosecution assertions were posted by Mr. Dave Knechel, a/k/a "Marinade Dave", prior to the judge's statements of how fair he thought "Marinade Dave" was, etc.
e. The approval by Judge Strickland of "Marinade Dave" blogs is incomparable and chilling at a minimum as to the Defendant's expectation of a fair trial.
f. Mr. Knechel has also been interviewed by investigators working for the
prosecution and may well be a witness in this case.
2. Defense counsel, in an effort to ascertain the facts of postings by "Marinade Dave" and involvement with said website prompted undersigned counsel to have investigator, Jeremiah Lyons, locate and interview "Marinade Dave". Said interview occurred on Sunday, April 11, 2010, with a subsequent phone call between Lyons and Knechel on the following day, Monday, April 12, 2010.
3. The Affidavit of investigator Lyons, together with a transcript of the recorded
interview with Mr. Knechel, is attached hereto as "Exhibit D" in support of this Motion.
4. The cumulative effect of this recent revelation of the judge's activities and relationship with blogging, when considered in light of numerous other challenged statements of the Court, demands disqualification of this Court.
5. Attached hereto is a Memorandum of background and law in this ease culminating, with the recent discovery of revelations as set forth above, establishing absolutely clear and compelling support for the fear of the Defendant, CASEY MARIE ANTHONY, in that she cannot receive a fair trial before this judge.
4/16/2010 4:48 PM FILED IN OFFICE LYDIA GARDNER CLERK OF CIRCUIT COURT ORANGE CO FL
Personally appeared before me, the undersigned authority, the Defendant, CASEY MARIE ANTHONY, who having been duly placed under oath states that the allegations set forth in the aforesaid Motion to Disqualify Trial Judge, with accompanying Memorandum supporting her well-founded fear that she cannot obtain a fair trial before this Court, are true and correct.
AFFIDAVIT
STATE OF FLORIDA COUNTY OF ORANGE
Comes now, JEREMIAH LYONS, and who first being duly sworn deposes and says as follows:
1. I am over the age of eighteen years and a citizen of the United States of America.
2. I am a licensed private investigator holding a current license in good standing in the state of Florida.
3. I am an investigator for the defense team in the case of the State of Florida v. Casey Anthony, pending in the Circuit Court in and for Orange County, Florida, case number: 48-2008-CF-0015606-0. Part of my assignment on behalf of Miss Anthony was to locate a person known as "Marinade Dave" who hosts a website and has been "blogging" stories about the Casey Anthony case.
4. On Sunday, April 11, 2010, I did locate Mr. Dave Knechel, a/k/a "Marinade Dave", and personally interviewed him at his home.
5. With Mr. Knechel's permission, I did tape record the interview.
6. On Monday, April 12, 2010, I did personally supervise the transcription of said tape recording.
7. The following is the transcription of the interview with Mr. Knechel, a/k/a "Marinade Dave", and your undersigned Affiant on April 11, 2010:
JL: Kudos to you with this... because I always found judges, I did twenty years in law enforcement, I've been in many a courtroom, and judges have always been standoffish, they're like Gods; in their own, or Kings and that courtroom is their kingdom... and, you know, for a judge to be not standoffish or, you know, to have a personality, so to speak and to call you up. and I thought that was outstanding.
MD: Well, thank you.
JL: I really did.
MD: Well, he did, and he did call me up, and tell me what a great blog I have.., and we since communicated, briefly, but I don't want to talk about that.
JL: No, that's alright, but he said he even mentioned how fair you were.
MD: Yes, he did, he mentioned it
JL: Does that mean he thinks the other people are unfair.
MD: A lot of them are, I mean, a lot of them are... like there 's another blogger with a lot of a scientific... from that kind of standpoint, and, uh, she is really good..
(BREAK in transcription - off subject)
JL: Did Judge Strickland mention any other sites that he reads, any other blogs that he reads? ... cause he says he goes onto the internet... and..
MD: No, not really, I mean, no, he just said he doesn't know much about the internet First he said "I don't know much about computers", then he said, first, when he came out behind the bench and he said "Are you Marinade?" and I said "yes"... I used to make a marinade that I sold in stores, ok so and I started the blog to write about food and marinade, so, and then I just kinda diversified But, uh, I thought maybe he used to buy my product and that he remembered me from a food demo, it was something I used to do at Petty 's meat market, or somewhere, and uh, then he said "Dave?" and I said "Yes", and he said "you know, I'm not on the computer much and I don't know much about the internet... ", something like that, and, uh, he said ".. but I gotta tell you, you know, you've got the best blog going out there, you've got the best one, really fair, you know.. ", so I was really honored by his Honor, so, and, uh, from what I know, he is just a really nice, fair guy, and, uh, some of the lawyers I have talked to about him, say the same thing and that's why he is so good at what he does. He is not going to be the one who has the final word, except for if she 's found guilty, it's going to be the jury's job... but, uh, I think that you will be able to see a good jury, a fair jury...
(BREAK in transcription - off subject)
JL: ..but you weren't kidding around when he said that you have the best blog going?
MD: No, no.
JL: That's the truth?
MD: Oh, yeah, he did say that...
(BREAK in transcription - off subject)
JL: When he said that you have the best blog out there... that means, you know...
MD: You know, it doesn't take long to read something that I'm writing and say, you know, this guy is giving it from all sides, then he goes to another one, and just kind of spending a few minutes a day or whatever and he says, hey, there is nothing but hate in here and then he turns away from it...
(BREAK in transcription - off subject)
A: How many times do you think you talked to him about this?
MD: I just talked to him that one time.
JL: Just that one time?
MD: Yeah, so, uh, he called me when I was in the hospital and he called me... I was in the hospital with a heart problem, I'm a diabetic and I gotta a lot of like conditions now.
JL: When was this? MD: In February, I was in for six days.
JL: Just two months ago?
MD: Yeah.
JL: Gee, whiz.
MD: And, uh, he called me when I got out and just said "I just wanted to check in, you know, wish you well."
JL: That means he 's a nice guy.
MD: Oh, he is a real nice guy.
(BREAK in transcription - off subject)
JL: When you first spoke to Strickland, when was that?
MD: It was the first hearing I went to, I'd have to, uh, look it up. JL: Is that when he said, about...
MD: That's when he saw me and called me up.
JL: But that was, that wasn't in February when he...
MD: No, no, no, no, no. When he called me in February, it was just to say
hello, he said I saw that you were, you know...
JL: How long before that did he speak to you personally? MD: Oh, it was months, it was October.
JL: Oh okay.
MD: I think it was...
JL: Was February the only time you heard from him?
MD: No, no, no, that's it. Yeah. Just in October and February, oh yeah, he is a busy man. I think it's nice that he cares about me.
JL: Oh, yeah, evidently, he does.. or else he wouldn't have called you.
MD: ...and he looks at me as being very fair, which I think is, uh, is nice that he feels that way, that means that he is very fair.
JL: Right.
(BREAK in transcription - off subject and recording eventually ends)
8. On the following day, April 12, 2010, I spoke with Mr. Dave Knechel by telephone. Mr. Knechel provided the following information during this conversation:
"He told me that in February while he was in the hospital, he posted his hospital stay on his blog along with a picture of his room. He again said that he never told Judge Strickland that he was in the hospital and that this is most likely the only way he could have known that he was."
9. I reviewed some of the blogs from Mr. Knechel's website, including one dated
October 19, 2009 titled "It was my honor, your pleasure...". Mr. Knechel confirmed that:
"Judge Strickland told him that he was not a computer person, nor was he very good on the Internet." "Needless to say I go on the internet to read about this case." "I must say that you have the best web site regarding this case." "You investigate and you are very fair to everyone." "You are a very good writer and you stick to the facts." "You are very fair and I'm impressed "
10. During the April 12, 2010 conversation, Mr. Knechel confirmed that the statements attributable to Judge Strickland as set forth above are "absolutely true".
11. On Sunday, April 11, 2010, I relayed the general information regarding my personal interview with Mr. Knechel to Mr. J. Cheney Mason, one of the attorneys representing Casey Anthony. On Monday, April 12, 2010, I went to Mr. Mason's office to arrange for the transcription of the interview and, further, advised Mr. Mason of the above-referenced content pursuant to my telephone call with Mr. Knechel on April 12, 2010.
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
V.
CASEY MARIE ANTHONY, Defendant. CASE NO.: 48-2008-CF-0015606-0 DIVISION: 16
Hon. Stan Strickland
MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION TO DISQUALIFY TRIAL JUDGE
COMES NOW the Defendant, CASEY MARIE ANTHONY, by and through her attorneys, Jose A. Baez, Esquire and J. Cheney Mason, Esquire, and respectfully submit this Memorandum in Support of her Motion to Disqualify Trial Judge, and shows:
STATEMENT OF FACTS
1. CASEY MARIE ANTHONY was arrested on July 16, 2008. The charge was Child
Endangerment, a Third Degree Felony, and Making False Statements to Law
Enforcement.
2. Soon after Miss Anthony's arrest, her case became -a national media-driven phenomenon featuring extensive coverage in both local and national media outlets.
3. The Honorable Stan Strickland, Circuit Judge, was assigned to Miss Anthony's case. On July 22, 2008 Judge Strickland conducted a bond hearing and set bail for Miss Anthony on the Third Degree Felony and misdemeanors of five hundred thousand dollars ($500,000.00). During that proceeding, the judge, on the record, stated that "...the truth and Miss Anthony are strangers". Miss Anthony had not testified in any capacity.
4. At Miss Anthony's bond hearing, Judge Strickland further stated that it was Miss
Anthony's Constitutional Right not to speak, yet, in the same hearing, the judge stated "and normally she would be entitled to a reasonable bond... [but] not a bit of useful information has been provided by Miss Anthony".
5. Judge Strickland referred one of Miss Anthony's attorneys to the Florida Bar for
disciplinary investigation based upon an untrue hearsay statement of an investigator at that time hired by the Defendant's parents, which statements, even if true, was entirely legal and did not constitute grounds for disciplinary action.
The attorney was cleared by the Bar Association.
6. Judge Strickland has made off the record comments to both the prosecution and Miss Anthony's defense lawyers that he (the judge) would like to wait until after his re-election is over to set the trial in Miss Anthony's case. Such action reveals the judge's concern about politics and is a violation of Canon 2 of the Code of Judicial Conduct.
7. In November of 2008, Dave Knechel, also known as "Marinade Dave", began writing posts about Miss Anthony and her case on his blog, "Marinade Dave's Mindblogging". By January of 2009, eleven out of Marinade Dave's fifteen posts during the month were about Miss Anthony's case. See Dave Knechel, "Entries from January, 2009", Marinade Dave's Mindblogging, "Available at http://marinadedave.wordpress.com/2009/01/
8. On October 19, 2009, Mr. Knechel posted an entry on his blog describing an encounter he had with Judge Strickland after a Motions hearing in Miss Anthony's case that Mr. Knechel attended on October 1 6th, See Dave Knechel, "It was my honor, your pleasure...", Marinade Dave's Mindblogging, available at http://marinadedave.wordpress.com/2009/10/19/it-was-my-honor-your-pleasure/
9. The blog posts allege that following the Motions hearing, Judge Strickland sent a bailiff to collect Mr. Knechel from the gallery and had him brought before the bar to where Judge Strickland was standing. Id. Mr. Knechel further described how Judge Strickland said "Needless to say, I do go on the internet and read about this case...1 must say that you have the best website regarding this case." Id.
10. On April 10, 2010, Mr. Knechel was interviewed by Miss Anthony's defense team investigator. In that interview, Mr. Knechel described how, in February of 2010, he had been hospitalized for a few days. According to Mr. Knechel, he later received a telephone call at home from Judge Strickland, wishing him well. See Jeremiah Lyons' Affidavit, "Exhibit 13" to Motion to Disqualify.
11. Upon learning, on April 11, 2010, of Judge Strickland's second initiation of contact with a media figure covering Miss Anthony's case, ("Marinade Dave"), defense counsel prepared the Motion to Disqualify Trial Judge. Said Motion is within the ten days prescribed by law. Florida Rules of Judicial Administration 2.330 (requiring Motion to disqualify to be filed within ten days after discovery of facts constituting the grounds for the Motion). This recent discovery has precipitated the filing of this Motion. References to the other improprieties give support to the fear of the Defendant in having a fair trial before Judge Strickland.
12. Judge Strickland’s deliberate courting of a well known media figure raises the inference that Judge Strickland seeks publicity in his own right, and that his rulings and decisions from the bench could be improperly influenced by his desire to secure the outcome that maximizes that publicity.
13. Due to Mr. Knechel's relentless pro-prosecution bias, as evidenced in his blog posts, any reasonable observer could conclude that Judge Strickland's endorsement of Mr. Knechel's blog is evidence of Judge Strickland's own pro-prosecution slant in this case.
14. Furthermore, Judge Strickland's telephoning Mr. Knechel at home, after Mr.
Knechel's hospitalization, shows that the courting of Mr. Knechel in October of 2009 was not a one-time aberration. To the contrary: Judge Strickland did so after Mr. Knechel had already publicized the first interaction with the judge in court and that shows that the judge is less interested in maintaining a perception of impartiality than he is in maintaining his contacts among the media, which is a violation of Canon 2 and 3 of the Code of Judicial Conduct.
15. Judge Strickland's courting favor with media sources violates Canon 2(a) and 3(b) of the Code of Judicial Conduct.
ARGUMENT
The role of an independent judiciary is paramount to American concepts of justice and the rule of law. The American legal system is firmly based upon the principle that an independent, fair and competent judiciary will interpret and apply governing law. Fla. Code Jud. Conduct (2010) (hereafter "Fla. Code"). Judges should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence. ABA Model Code of Jud. Conduct (2007) (hereafter "ABA"). Judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. Fla. Code. Judges should maintain the dignity of judicial office at all times, and avoid public perception of impropriety in their professional and personal lives. ABA Rule 1.2 cmt. 1 (2007). An independent judiciary requires that judges decide cases according to the law and facts and not according to the views and opinions of outside sources, including that of the public and the media. See Fla. Code Canon 3. A judge shall avoid even the appearance of impropriety at all times and whether the conduct would create in reasonable minds a perception that the judge's ability to carry out judicial responsibilities with integrity, impartiality and competence is impaired. ABA Rule 1.2 cmt. 5 (2007). A judge shall disqualify himself or herself where his impartiality might reasonably be questioned. ABA Rule 2.11 (2007). A motion to recuse must be granted if the facts alleged "would prompt a reasonably prudent person to fear that he could not get a fair and impartial trial from the judge," Nunez v. Backman, 645 So. 2d 1063, 1064 (Fla. 4th Dist. Ct. App. 1994). In such a circumstance, the facts alleged are to be taken as true and their veracity should not be considered by the judge. State Farm Mut. Auto. Ins. Co. v. Penland, 668 So. 2d 200,204 (Fla. 4th Dist. Ct. App.1995).
I. Judge Strickland Should Recuse Himself Because His Decisions Show A Bias In Favor Of Media Coverage At The Expense Of Miss Anthony's Constitutional Rights.
Both the Florida and ABA rules of ethical conduct for judges do not merely require the trial judge to show no bias toward either party. Rather, the rules clearly require that the judge avoid creating the public perception of any external influence on the judge's behavior and, ultimately, decisions. See ABA Rule 2.4 (2007). A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the
4/16/2010 4:48 PM FILED IN OFFICE LYDIA GARDNER CLERK OF CIRCUIT COURT ORANGE CO FL judiciary. Fla. Code Canon 2A. A judge shall not be swayed by partisan interest, public clamor, or fear of criticism. See Fla. Code Canon 3B. This includes any perception that the judge is biased in favor of publicity and media coverage. The unparalleled access of the media in today's world can give rise to the very real fear that a judge might cater to the media and deliver judgments that seek to maximize publicity. Novartis Pharms. Corp. v. Carnato, 840 So. 2d 410 (Fla. 4th Dist. Ct. App. 2003) (remanded on other grounds) (Klein, J., dissenting). Even the mere perception that judicial decision making is subject to inappropriate outside influences can severely erode confidence in the Judiciary. ABA Rule 2.4 cmt. 1 (2007).
Miss Anthony will not receive a fair and impartial trial from Judge Strickland because his rulings contemplate media opinion and reaction and are biased in favor of media coverage. Even if a judge's courting of the media covering his case indicates no particular bias toward either party, it can still raise the specter of the judge's interest, intentional or not, in securing the highest level of publicity. The public's faith in the justice system can be equally shaken by a perception that a judge's behavior and decisions are influenced by his desire for media coverage. Judge Strickland's inappropriate relationship with the media gives rise to a reasonable belief that his rulings are influenced by improper outside sources. This creates an inevitable inference that the media's beliefs, thoughts, and concerns are playing an inappropriate role in his decision-making. A motion to recuse must be granted when a reasonable person would believe that she would not receive a fair decision from a judge who considers media opinion and reaction during a case. See Coleman v. State, 866 So. 2d 209.
II. Judge Strickland's Contacts With Dave Knechel ("Marinade Dave") Inescapably
Leads Reasonable People To Conclude That He Is Biased In Favor of Publicity-Enhancing Outcomes.
4/16/2010 4:48 PM FILED IN OFFICE LYDIA GARDNER CLERK OF CIRCUIT COURT ORANGE CO FL
Judge Strickland's deliberate courting of Mr. Knechel gives rise to just such an inference of bias. His conduct therefore fatally undermines Miss Anthony's interest in receiving a fair trial. First, a reasonable person could conclude from Judge Strickland's conduct that he has been attempting to court a friendly voice in the blogosphere and to secure positive commentary on his handling of this controversial case. Second, Mr. Knechel's subsequent glowing treatment of Judge Strickland following the judge's solicitation of his goodwill could reasonably raise an inference that Judge Strickland has an interest in maintaining his standing in Mr. Knechel's, and by extension, the public's, eyes. The actions by the judge validating and expressing approval of "Marinade Dave's" articles calling for the Defendant to die and proclaiming her guilty as charged, as set forth in Exhibits A, B, and C of the Motion, are likely unprecedented in responding to public clamor for conviction and execution of Miss Anthony, long before having a trial.
A. Judge Strickland's deliberate solicitation of Mr. Knechel raises the reasonable inference that his performance of his judicial duties is compromised by his desire for publicity. This case is remarkable for the media attention it has attracted ever since Miss Anthony's initial arrest in July 2008. All the major media outlets in the Orlando area have web pages devoted solely to Miss Anthony) Dozens of blogs have forums established exclusively to dissect and analyze Miss Anthony's legal proceedings. 0ne network has hired an in-house attorney for the sole purpose of analyzing the legal issues of Miss Anthony's pre-trial proceedings. Many of these web sites provide lively discussion boards where posters discuss and dissect every aspect of Miss Anthony's court appearances, from Miss Anthony's elothes4 to the behavior of counsel to the rulings and demeanor of the judge. As the judge in this case, Judge Strickland must be aware of the intense media scrutiny surrounding Miss Anthony and her upcoming murder trial. Prudent adherence to Florida's Code of Judicial Conduct should have led Judge Strickland to refrain from any contact with the bloggers who follow the case on a day-by-day basis and provide written commentary on nearly every aspect of what transpires in his courtroom. "A judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties concerning a pending or impending proceeding." Fla. Code Jud. Conduct Canon 3(B)(7). Moreover, Florida courts have held that a judge's communications with the media can lead a reasonable person to believe that the judge's impartiality has been compromised. Coleman v. State, 866 So. 2d 209, 211 (4 DCA 2004).
In Novartis Pharms. Corp. v. Carnato, 840 So. 2d 410 (Fla. 4th Dist, Ct. App. 2003), the defendant sought a writ of prohibition to disqualify the trial judge based on the judge's comments to the media. Id. Although the Court of Appeal did not decide the merits of the motion, instead reversing the trial court's dismissal on procedural grounds and remanding, one judge would have reached the merits to hold that the judge's comments required recusal. Id. at 411. Judge Klein's opinion quotes the Court of Appeals for the District of Columbia Circuit to the effect that "[m]embers of the public may reasonably question whether the District Judge's desire for press coverage influenced his judgments, indeed whether a publicity-seeking judge might consciously or subconsciously seek the publicity-maximizing outcome." Id. (quoting United States v. Microsoft Corp., 253 F.3d 34, 115 (D.C. Cir. 2001)). The danger that a judge's decisions, rulings, or behavior on the bench might be influenced by a conscious or even subconscious desire for publicity and positive press coverage should function as a constraint on his interactions with the media. Here, Judge Strickland's purposeful and repeated courting of Mr. Knechel indicate that he has not followed those constraints. Mr. Knechel is a prominent blogger covering Miss Anthony's case. His page carries near-daily updates of all the minutiae involved in Miss Anthony's court appearances and the various publicity-seeking characters who have attached themselves to this case. Mr. Knechel's blog post describing his first encounter with Judge Strickland is instructive. First, Judge Strickland sent a court employee, the bailiff, to collect Mr. Knechel from the gallery and bring him to the judge's exit door. -According to Mr. Knechel, Judge Strickland said, "Needless to say, I do go on the Internet and read about this case." Id. The judge then further said, "I must say that you have the best Web site regarding this case." Id Taken together, these comments indicate that Judge Strickland a) follows the intensive and non-stop media coverage of Miss Anthony's case, and b) has weighed the relative merits of the various blogs and websites to come to the conclusion that Mr. Knechel's website is "the best." This communication on its own would lead a reasonable person to infer that Judge Strickland has an interest in courting positive media coverage from a friendly source. For him to have taken the extraordinary measure of calling Mr. Knechel over to the bench in order to solicit his goodwill could lead a reasonable observer to conclude that Judge Strickland may, even subconsciously, be performing his duties in a manner calculated to maximize the publicity and favorable coverage of his handling of this difficult and controversial case. Like the defendant in Coleman, Miss Anthony thus reasonably has "a fear that [s]he could not receive a fair decision from a judge who considers media opinion and reaction during a case." 866 So. 2d at 210.
Judge Strickland's second contact with Mr. Knechel only strengthens the inference of media bias and Miss Anthony's concurrent fear of not receiving a fair trial. Judge Strickland should have known that his contact with a prominent blogger, focusing nearly exclusively on Miss Anthony's case, could create the impression that his judicial conduct is influenced by his desire for positive coverage. Moreover, Mr. Knechel responded to Judge Strickland's solicitation by posting a long blog post describing the encounter, positively gushing about his having been selected from all the media figures present for special treatment. In spite of the long post, and the commentary that Mr.Knechel's perceived special relationship with the judge inspired on the blog, Judge Strickland continued the relationship when he telephoned Mr. Knechel at home in mid-February 2010. Mr. ICnechel did not post his home telephone number on his blog on February 16, 2010. It is unknown how Judge Strickland learned the number. Although of course Judge Strickland's concern for Mr. Knechel's health is commendable, the Florida Judicial Ethics Committee has recently issued an ethics opinion treating the issue of judge-attorney friendships. The Committee warned that "a judge must expect to be the subject of constant public scrutiny, and the impressions that arise from such a relationship." Florida Judicial Ethics Committee, Opinion 2009-20. Here, Judge Strickland's continuing of the relationship—even if purely personal—with a prominent blogger further erodes a reasonable person's belief in his ability to rule from the bench without regard for media reaction.
B. Mr. Knechel's subsequent treatment of Judge Strickland raises the reasonable inference that his performance of his judicial duties is compromised by his desire to maintain the good opinion of the media. Judge Strickland's initiation of contact with Mr. Knechel raises a reasonable inference that he seeks positive media coverage of his conduct in Miss Anthony's trial. Mr. Knechel's subsequent treatment of Judge Strickland on his blog, however, raises another inference: that Judge Strickland has an interest in maintaining the good favor of the press he has cultivated. Based on Mr. Knechel's glowing descriptions of Judge Strickland in the months since the October 19, 2009 encounter, an observer could reasonably conclude that Judge Strickland has an interest in maintaining that positive coverage. Miss Anthony thus has a reasonable fear that Judge Strickland's rulings may reflect his desire to sustain his positive reputation in the press and on the blogs, and not his impartial, considered judgment.
After the October 16, 2009 conversation between Mr. Knechel and Judge Strickland, Mr. Knechel's blogs posts increased the number of times he mentioned Judge Strickland. Not only did he increase the number of times he talked about Judge Strickland, he became fervent in his enthusiasm for the judge's performance in the courtroom. On October 27, 2009, a mere nine days after his conversation with Judge Strickland, he wrote a posting titled "They could never ask for a better judge". In this post, he writes how about watching Judge Strickland in the courtroom and how he found "his candor quite refreshing and I welcomed his open-mindedness. I saw live how sharp and focused he remains at all times. He is very well-mannered, well-informed, highly intelligent and because of his personality, humble to boot." (Dave Knechel, "They could never ask for a better judge," Marinade Dave's Mind Blogging, October 27, 2009, available at http://marinadedave.wordpress.com/2009/10/27/they-could-never-ask-for-a-better-judge/ ) He then attached a supplement from criminal defense lawyers writing positive mentions about Strickland. Id. His subsequent blog entries continue stating zealous pro-Strickland statements, rhapsodizing about Judge Strickland with comments such as "this man is all about integrity and fairness" and "instead of letting each side argue this motion, he patiently waited until the right moment to gracefully interject. That's what I really, really like about him." Dave Knechel, "A lot of good lawyering today," Marinade Dave's Mind Blogging, December 11, 2009, available at http://marinadedave.wordpress.corn/2009/12/11/a-lot-of-good-lawyering-today/ He also describes how Judge Strickland made wise decisions when he "denied a motion to dismiss double jeopardy charges of check fraud, he denied a motion to stop the Orange County Jail from videotaping meetings with her attorneys and he denied the defense's request to destroy video of any and all visits from her family." Dave Knechel, "Motion Sickness," Marinade Dave's Mind hogging, December 18, 2009, available at http://marinadedave.wordpress.com/2009/12/18/motion-sickness! Mr. Knechel later showed ardent admiration of how "Judge Strickland is not a TV crime solving judge although I'm sure he could get his own show when the trial is over." Dave Knechel, "Dear Concerned Citizen," Marinade Dave's Mind Blogging, January 16, 2010, available at http://marinadedave.wordpress.com/2010/01/16/dear-concerned-citizen/ Mr. Knechel also opined that "Judge Stan Strickland rules!" and "he is the best judge around." Dave Knechel, "A Personal Reflection," Marinade Dave's Mind Blogging, January 25, 2010, available at http://marinadedave.wordpress.com/2010/01/25/a-personal-reflection/ He later opined, "Judge Strickland will have a lot to say on this matter and we all know safe, sane and reasonable he is." Dave Knechel, "Casey Anthony, Guilty of Indigence?", Marinade Dave's Mind Blogging, March 6, 2010, available at http://marinadedave.wordpress.com/2010/03/06/casey-guilty-of-indigence/ Only a few weeks later, he described how he notices how Judge Strickland's "relaxed demeanor translates well in court and that he may be larger than life in the scheme of this case he sits in judgement of, but he is far from intimidating. Everyone likes and respects him. He is approachable." Dave Knechel, "Will Mason Jar the State?", Marinade Dave's Mind Blogging, March 19, 2010, available at http://marinadedave.wordpress.com/2010/03/19/will-mason-jar-the-state/ These enthusiastic blog entries after the October 16, 2009 conversation shows how Dave is keeping Judge Strickland in press in a positive manner. A reasonable observer, then, could easily infer from Judge Strickland's solicitation of Mr. Knechel's good will and the resulting dramatic increase in positive coverage of Judge Strickland on Mr. Knechel's blog that the judge has a publicity interest in maintaining that coverage. Judge Strickland has admitted that he follows the blogs covering Miss Anthony's case and Mr. Knechel's blog in particular. He also initiated the contact with Mr. Knechel, a prominent blogger whose coverage of Miss Anthony's case has garnered him an award for "Central Florida's Best News Blog." See Dave Knechel, "Orlando's Rockin' Blogs," Marinade Dave's Mind Blogging, December 19, 2009, available at http://marinadedave.wordpress.com/2009/12/19/orlandos-rockin-blogs-the-orlando-sentinel-orbbies-winners/ A reasonable observer could thus conclude that Judge Strickland has an interest in slanting his conduct on the bench in favor of a publicity-maximizing outcome. See Novartis Pharms. Corp. v. Carnato, 840 So. 2d at 411.
III. Judge Strickland’s Endorsement of Mr. Knechel’s Pro-Prosecution Blog Gives Rise To A Reasonable Inference That Judge Strickland Is Biased Toward The State.
As argued above, Judge Strickland’s interactions with Mr. Knechel give rise to a reasonable inference that he has an interest in both creating and sustaining positive media coverage of his role in the case. That interest, or publicity bias, is unrelated to Judge Strickland's treatment of either party in and of itself; instead, it merely creates a reasonable fear in Miss Anthony that the judge's rulings are affected by his perceptions of the media reaction and opinion.
However, Judge Strickland's solicitation and maintenance of his relationship with Mr. Knechel also raises another, and more-sinister, inference: that Judge Strickland's interactions with Mr. Knechel reflect or could be perceived to reflect a pro-prosecution bias. The tenor of Mr. Knechel's coverage of Miss Anthony's case displays a strong pro-prosecution slant on his part, repeatedly offering his opinion as to Miss Anthony's guilt and nefarious character. Judge Strickland's public courting of Mr. Knechel could reasonably be seen as an endorsement of those opinions. Mr. Knechel has written extensively about the Anthony case. His writings are posted to his blog-and accessed by Judge Strickland through the Internet. Mr. Knechel's prior writings, of which Judge Strickland feels are "really fair" and the "best blog out there," have titles which include "Casey Anthony must die!," "Caylee's murder: premeditated and pretty stupid too," and "Guilty as CHARGED." The contents of these blog posts—prior to October of 2009, when Judge Strickland first approached Mr. Knechel—predominately include pro-prosecution assertions. In Mr. Knechel's blog posting on February 1, 2009 he gives a synopsis of his theory of the case in which he paints Casey Anthony as a lazy, foul-mouthed liar who killed her child and was too stupid to realize that the body would be found when she disposed of it so close to the Anthony home. Mr. Knechel's theory paints Ms. Anthony as just another dumb party girl willing to do anything to maintain her dumb party girl image. He asserts his belief that Caylee's death was the result of a premeditated crime and that murdering Caylee was the way for Ms. Anthony to return to her carefree days of her childhood. Mr. Knechel goes as far as to assert that Ms. Anthony was a psychopath with low self-esteem who sometimes has a violent side and whose impulsive nature is what led her to kill Caylee. The blog entry concludes by asserting that Ms. Anthony is another murderer who deserves punishment and that when she does, Ms. Anthony will become a footnote in history. See Dave Knechel, "Caylee's murder: premeditated and pretty stupid, too," Marinade Dave's Mind Blogging, February 1, 2009, available at http://marinadedave.wordpress.com/2009/02101/caylees-murder-premeditated-and-pretty-stupid-too/ These are the very assertions to which Judge Strickland was presumably referring when he concluded that Mr. Knechel has "the best blog going out there," one that is "really fair."
Mr. Knechel' s pro-prosecution bias is not limited to his antipathy for Miss Anthony. His blog has also repeatedly attacked the members of Miss Anthony's defense team. In one blog posting, he accused a member of the defense team of being a liar and that a Bar Grievance Committee's finding "insufficient evidence" against the lawyer as "impossible". Dave Knechel, "Baez beats bar," Marinade Dave's Mind Blogging, September 1, 2009, available at http://marinadedave.wordpress.com In another posting, Mr. Knechel refers to another member of the defense team joining the case as "someone new to hate." Dave Knechel, "Hearing Updates," Marinade Dave's Mind Blogging, May 28, 2009, available at http://marinadedave.wordpress.com/2009/05/28/andrea-d-lyon-caseys-new-death-penalty-qualified-attomey/ These posts indicate that the blogger so assiduously courted by Judge Strickland harbored not only a bias against Miss Anthony but, by extension, against the members of her defense team—and that Judge Strickland, who apparently had been reading Mr. Knechel's blog for some time before the October 19, 2009 encounter, knew or should have known of that bias.
A judge must perform judicial duties impartially and fairly. A judge who manifests bias on any basis in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. Clearly, Judge Strickland's perception of this case is pro-prosecution. His bias is evident by his assertion that Mr. Knechel's has a "fair" account of the facts in this case. A judge shall disqualify himself where his impartiality might reasonably be questioned. Fla. Code Jud. Conduct, Canon 3(E)(1). In this case, Judge Strickland should be disqualified. His bias impairs the fairness of the proceedings in this case and violates Ms. Anthony's rights. When a Motion to disqualify is filed, the judge is required to immediately rule on the Motion. Shah v. Harding, 839 So.2d 765 (3 DCA 2003). In ruling on the Motion, the judge shall determine only the legal sufficiency of the Motion and shall not pass on the truth of the facts alleged. Knarick v. State, 866 So.2d 165 (2 DCA 2004). The Court must view the alleged facts from the perspective of the moving party, Frengel v. Frengel, 880 So.2d 763 (2 DCA 2004), and not the Court's own perception of his ability to act fairly and impartially. Valdes-Fauli v. Valdes-Fauli, 903 So.2d 214 (3- DCA- 2005). It is a feeling that resides in the movant's mind, not a question of how the judge feels. Wargo v. Wargo, 669 So.2d 1123 (4 DCA 1996).
CONCLUSION
Judge Strickland’s duty to preside over this case with impartiality is of utmost importance. His repeated and deliberate courting of a prominent media figure in this case has undermined the appearance of impartiality to the degree that Miss Anthony has a reasonable fear that she may not receive a fair trial. Because Judge Strickland's actions and comments have raised the inference of judicial bias, this Court should grant Miss Anthony's Motion to Disqualify Trial Judge.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Great job, J4A. I'm sure that took a lot of time to do.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Snaz wrote:Anyone notice that Cheney's notary expired on November 20, 2009? He is as big a joke as JB......
\
http://www.wftv.com/pdf/23176762/detail.html
Page 4
Snaz called it!
Casey Defense Team May Have To Re-File Motion
Updated: 8:29 am EDT April 19, 2010
ORANGE COUNTY, Fla. -- Eyewitness News has discovered there could be a problem with the motion Casey Anthony's defense team filed to remove Judge Strickland from her case.
If you look closely at the bottom of the motion, Anthony's newest lawyer, J. Cheney Mason, notarized it himself. But an inspection of the notary seal shows Mason's certification as a notary expired in November 2009.
--------------------------------------------------------------------------------
MOTION: To Remove Judge From Case
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WFTV talked to legal analyst Bill Sheaffer Sunday. He said the fact that it's expired could be seen as a defect and an opening for a judge to deny the motion.
However, the defense would be free to re-file the motion with new notarization.
http://www.wftv.com/news/23190216/detail.html
Piper- Posts : 10277
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Why can't that stupid defense team do anything right? Do they do dumb/wrong crap on purpose just to make the judge fuss?
The expired notary thing is just a technicality. If the judge were to use it to 'temporarily' deny the motion he'd look like he was being petty! I think that's exactly what Baez wants to foster his case that the judge is partial and would EVEN pick on something minor like "using the wrong stamp with the expired date on it"....Mason probably has a current notary authorization, just not a new stamp yet, or else he picked up the wrong one by mistake.
Judge S needs to just make sure Mason has a current authority and let it go!
The expired notary thing is just a technicality. If the judge were to use it to 'temporarily' deny the motion he'd look like he was being petty! I think that's exactly what Baez wants to foster his case that the judge is partial and would EVEN pick on something minor like "using the wrong stamp with the expired date on it"....Mason probably has a current notary authorization, just not a new stamp yet, or else he picked up the wrong one by mistake.
Judge S needs to just make sure Mason has a current authority and let it go!
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I think the motion would have to be re-filed, whether or not the judge would grant it..... it is not a legal motion if the notary is expired. I don't think it is a matter of just being up to the judge, but I could be wrong. Mason does have a current stamp (and since it is dated 2009, he most surely has the new stamp by now), and probably just used the wrong one... but nevertheless, I believe that invalidates the motion.
If the defense were smart.... and they aren't..... they would realize from the backlash they must have been reading and hearing that this is is SUPER STUPID move on their part, and not re-file. But the one thing anyone on the defense team has never been accused of is SMART.
This is just ANOTHER example of the shoddy work the defense is putting forth in this case.
BTW, just as an aside.... I used to work in an attorney's office. Every administrator and every attorney was a notary. And if we let our notary expire, we were ineligible to notarize documents.
If the defense were smart.... and they aren't..... they would realize from the backlash they must have been reading and hearing that this is is SUPER STUPID move on their part, and not re-file. But the one thing anyone on the defense team has never been accused of is SMART.
This is just ANOTHER example of the shoddy work the defense is putting forth in this case.
BTW, just as an aside.... I used to work in an attorney's office. Every administrator and every attorney was a notary. And if we let our notary expire, we were ineligible to notarize documents.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
I find this interesting... and something I hadn't completely thought about. AZlawyer is an attorney who posts at WS. They are discussing there the possibility that the reason the defense wants to get rid of JS is because he made the comment way back when at the bond hearing, "I would add that the truth and Miss Anthony are strangers."
Maybe the defense's motion is their way of trying to get rid of a judge they think doesn't like KC.
I also came across this post by AZlaywer:
I, personally, am beginning to believe the defense may not get their wish... and may rue the day they filed their sloppy motion in the first place.
Posted by AZlawyer:
Yesterday, 06:17 PM
I agree that the defense wishes they could have disqualified JS for his comment "Ms. Anthony and the truth are strangers." But judges are not supposed to show neutrality when they are explaining their rulings--rulings are obviously in favor of one side or another. So there's nothing wrong with the judge explaining that one reason he ruled as he did is that KC had provided no truthful information about her daughter's whereabouts.
Maybe the defense's motion is their way of trying to get rid of a judge they think doesn't like KC.
I also came across this post by AZlaywer:
Posted by AZlawyer:
Yesterday, 05:45 PM
One thing that just occurred to me today is that JS could deny the motion as "legally insufficient" based on the fact that the only allegation that would justify disqualification (the supposed comment about "fairness" etc.) happened six months ago and was presumably known to the defense six months ago (because MD sure wasn't keeping quiet about it). The only thing that happened recently (within the time limit for a motion to disqualify) is that the defense learned that the judge called MD in the hospital and therefore, perhaps, was reading MD's blog--which IMO is not even an appearance of impropriety.
I, personally, am beginning to believe the defense may not get their wish... and may rue the day they filed their sloppy motion in the first place.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Seems that MD is making quite a name for himself. Not only is he all over the internet but HLN & also TruTV. This Motion is really catching fire. On HLN & TruTV, they are saying that Strickland very well may have to step down because of comments that MD has made on his site. Comments like "KC must die", as well as the fact that Strickland is an elected official. With MD's "good press" when talking about Strickland, seems Strickland has been walking a very thin line.
IMO, it's sad because I thought he was doing such a wonderful job. He gave the defense as much leeway as he possibly could, in order to avoid appeals. Of course, this is just my view on this.
IMO, it's sad because I thought he was doing such a wonderful job. He gave the defense as much leeway as he possibly could, in order to avoid appeals. Of course, this is just my view on this.
Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Casey Anthony: Defense may have to re-file motion requesting judge be removed from case, says report
On Friday, the defense team representing accused child killer, Casey Anthony, filed a motion to disqualify a judge from hearing her murder case. According to a recent report, Casey’s lawyers may have to re-file their request.
WFTV reports that at the bottom of the motion, the latest attorney to join the team—J. Cheney Mason—notarized the document. The notary seal, however, indicates his certification as a notary expired about five months ago in Nov. 2009. LOLOLOLOLOLOL!!!!!To read the defense’s motion, click here.
Bill Scheaffer, a legal analyst for the news outlet said such an issue could be seen as a “defect” to a judge, which would allow the court to deny the motion. Nonetheless, Casey’s defense can always re-file their request.
In the motion filed, Casey’s lawyers argue that Judge Stan Strickland and blogger Dave Knechel have developed a friendship of sorts that could jeopardize their client’s trial. They argue Knechel—also known as “Marinade Dave”—does not like Casey and has made negative remarks about her in his blog, according to the defense.
Casey is charged with the first-degree murder of her 2-year-old daughter, Caylee Anthony, 2, and is slated to be tried for the crime in May 2011.
On Friday, the defense team representing accused child killer, Casey Anthony, filed a motion to disqualify a judge from hearing her murder case. According to a recent report, Casey’s lawyers may have to re-file their request.
WFTV reports that at the bottom of the motion, the latest attorney to join the team—J. Cheney Mason—notarized the document. The notary seal, however, indicates his certification as a notary expired about five months ago in Nov. 2009. LOLOLOLOLOLOL!!!!!To read the defense’s motion, click here.
Bill Scheaffer, a legal analyst for the news outlet said such an issue could be seen as a “defect” to a judge, which would allow the court to deny the motion. Nonetheless, Casey’s defense can always re-file their request.
In the motion filed, Casey’s lawyers argue that Judge Stan Strickland and blogger Dave Knechel have developed a friendship of sorts that could jeopardize their client’s trial. They argue Knechel—also known as “Marinade Dave”—does not like Casey and has made negative remarks about her in his blog, according to the defense.
Casey is charged with the first-degree murder of her 2-year-old daughter, Caylee Anthony, 2, and is slated to be tried for the crime in May 2011.
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Re: Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case
Casey's Defense Refiles Motion After Notary Error
Updated: 3:24 pm EDT April 19, 2010
ORLANDO, Fla. -- Less than a day after Eyewitness News discovered there was a problem with a motion in the Casey Anthony case, her defense team filed a new version (read it).On the motion they had originally filed, seeking a disqualification of Judge Stan Strickland, at the bottom of the motion (read that version), Anthony's newest lawyer, J. Cheney Mason, notarized it himself; but an inspection of the notary seal shows Mason's certification as a notary expired in November 2009.
THE MOTION: Fixed Version | Original Version
WFTV talked to legal analyst Bill Sheaffer Sunday. He said the fact that it's expired could be seen as a defect and an opening for a judge to deny the motion; however, the defense would be free to re-file the motion with new notarization.That's exactly what the defense did, with a new motion being filed Monday afternoon.
http://www.wftv.com/news/23197462/detail.html
Updated: 3:24 pm EDT April 19, 2010
ORLANDO, Fla. -- Less than a day after Eyewitness News discovered there was a problem with a motion in the Casey Anthony case, her defense team filed a new version (read it).On the motion they had originally filed, seeking a disqualification of Judge Stan Strickland, at the bottom of the motion (read that version), Anthony's newest lawyer, J. Cheney Mason, notarized it himself; but an inspection of the notary seal shows Mason's certification as a notary expired in November 2009.
THE MOTION: Fixed Version | Original Version
WFTV talked to legal analyst Bill Sheaffer Sunday. He said the fact that it's expired could be seen as a defect and an opening for a judge to deny the motion; however, the defense would be free to re-file the motion with new notarization.That's exactly what the defense did, with a new motion being filed Monday afternoon.
http://www.wftv.com/news/23197462/detail.html
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