Tag Archive: Judge Belvin Perry


JoseNCasey
Recently it has been reported by the Associated Press that Casey Anthony is asking the Florida appellate court to dismiss her four convictions of lying to law enforcement.

Casey’s attorneys, along with Attorney Cheney Mason are appealing the misdemeanor convictions on the grounds that her statements were inadmissible at her murder trial since she hadn’t been Mirandized.  Go Cheney!!

Mr. Mason, a well-respected Florida attorney who joined Jose Baez to help Casey get a fair trial fought long and hard to keep this matter out of her murder trial and off of her record, however Judge Belvin Perry Jr. was far too devoted to his  prosecutors to let truth stand in his way.

Shamefully Judge Perry also allowed “heart sticker on the duct tape” into evidence even though he knew Lorie Gottesman of the FBI would testify that there were NO heart sticker or sticker residue on the duct tape. The lies told by the media and prosecutors far exceeded the lies told by Casey Anthony.

In my opinion this was simply a desperate maneuver to tarnish the jury’s impression of Casey because what juror would want to acquit a mother who would kill her daughter with chloroform and as the coup de gras slap a heart sticker on top of the duct tape that she supposedly used to cover the child’s mouth.

At trial, prosecutors Jeffrey Ashton and Linda Drane Burdick were unable to prove any cause of death and the duct tape placement was inconclusive.

With Casey Anthony’s latest appeal, hopefully the truth will finally come to light. Casey was not read her Miranda rights when she was taken by Orange County detectives for the Grand Tour of Universal Studios.

After discovering Casey hadn’t worked at Universal Studios since 2006, detectives Yuri Melich, John Allen and Appie Wells decided to take Casey there to force her into confessing to something she didn’t do and without her pesky attorney.

It was obvious their only intent was to make her confront her outlandish lies. Instead of the officers putting on their detective hats and giving some thought for the reason WHY would this seemingly intelligent girl tell such ridiculous lies when the lies were so incredibly easy to debunk.

These Keystone Kops were so inadequate they didn’t even remember to read Casey her Miranda Rights at Universal Studios. Within seconds after walking down the hallway, Casey turns back around and says, “I don’t work here.” So the Kops sit down at a desk in some unknown office at Universal Studios with the mother of a child who hasn’t been seen in nearly a month, who’s told them lie after lie yet the only way they believe to solve the mystery is to ask her more questions.  Surely this was a set up giving reason to arrest her.  They thought by putting Casey behind bars for a few days that she’d decide to finally to tell the truth.  Little did they know that it would take months for her own attorney to gain her trust and learn the real reason why she felt she had to lie.

Ironically, while at Universal Studios, one of the detectives got a phone call from Casey’s mother Cindy Anthony.  She tells them that the day she came home from work on June 16th she remembered finding the pool ladder attached to the pool which was odd because she was always so deligent about removing the ladder. Hint, hint..

The next day Cindy related this story to her co-workers adding that she thought that perhaps the neighborhood kids were using the family pool because the gate was opened as well.

~~~

The Appeal

As for the appeal, Casey Anthony’s attorneys will argue that because Casey had been handcuffed and placed in a squad car, she was effectively under arrest and should have had her Miranda rights read to her. They will also argue that all four of her convictions stem from one single encounter with police which represents double jeopardy which is a person’s constitutional protection from being punished multiple times for one offense.

Does anyone recall a case  when a suspect caught lying to detectives were brought up on charges?

The attorneys for the prosecutors are expected to argue that 110lb. Casey Anthony was free to go at anytime regardless of the 3 or 4 big burly cops blocking the doorway. They admit she was handcuffed but that was only because Casey’s mother thought that Casey might flee — besides a supervisor ordered a detective to take the cuffs off a few minutes later. So not only were the Keystone Kops screw-ups, their supervisor was there too and though he knew she shouldn’t have been handcuffed,  he didn’t read the Miranda Rights to her either.

Earlier this year, unsurprisingly Casey Anthony was back in the news at the behest of former assistant State attorney Jeff Ashton. Jeff Ashton aka “Laughing Man” who sat so arrogantly, smirking in court thinking he had won the biggest case of his career. Fortunately he did not win but due to the vast amount of media exposure from the Caylee Anthony case, he did manage to win a political seat as an Orange County State Attorney.

Snipped:

State Attorney Elect Jeff Ashton confirms to WESH 2 News that when he takes office, he plans to find out how a major piece of evidence in the Casey Anthony case was missed. 

This was in response to a Casey Anthony news report claiming that someone searched “foolproof suffocation” from the Anthony computer June 16 — this is not breaking news.  Why Mr. Ashton is so interested in this particular trial faux pas is beyond me.

Has he forgotten?

The State computer forensic expert John Bradley erroneously testified at trial that he found chloroform searches on the Anthony computer 84 times. The next day the expert alerted State Attorney Linda Drane Burdick that this was an error due to an inaccurate computer program he used.  The jury would not hear the expert admit this error. Judge Belvin Perry simply didn’t inform the jury of the error or state the correct number of searches was “one.”

For those interested in the truth, on pages 180-181, you’ll find that Jose Baez’s computer forensics team discovered several computer searches months before trial. In Baez’s book, “Presumed Guilty, Casey Anthony: The Inside Story” he revealed the “fool proof suffocation” computer search and more.

On the morning of June 16, the defense computer experts discovered computer activity. Someone logged in at 6:52am to 7:52am. This information jives with what Casey related to Baez – that she had woken up early that morning with Caylee.

The records also show someone later logged in at 9am to 10:59am. It was determined based on the type of searches made that the person behind the computer was Casey. Casey logged in to Facebook and MySpace. From there she searched for cute outfits for the shot girls. Being the shot girl manager, apparently she was trying to help her boyfriend Tony Lazarro who at the time was a promoter for Fusion Nightclub.

George Anthony

However, the computer records show another log in. At 1:50pm someone signed in to AOL Messenger. George had an AOL Messenger account, his user name was george4937. Right after someone logged in to Instant Messenger, someone searched “foolproof suffocation”. George, always a bad speller misspelled the term. Google automatically corrected the spelling and the first link clicked was “venturing into the pro-suicide pit”.

And as we all know, George Anthony attempted suicide January 22, 2009.

For those who want the truth and did not follow the Caylee Anthony case via television media and the internet, I suggest that you buy a copy of Jose Baez’s book.

Presumed Guilty, Casey Anthony: The Inside Story” is a riveting story as to how Jose Baez became Casey Anthony’s attorney and all of the trials and tribulations he faced trying to save her life.

The story that he and co-author Peter Golenbock tell is a shockingly true and sad story of family dysfunction at its highest level.

What’s Casey Anthony doing now no one really knows. She has been in hiding for the most part due to numerous death threats after her acquittal.

It’s been rumored that Casey is interested in attending law school so I imagine these unlawful charges of lying to cops during an un-mirandized interrogation may stand in the way of that if she is planning on becoming an attorney. I wish her the best of luck and pray that she finds happiness in her life.

~~~

TheJBMission~

Sources:

http://www.wesh.com/news/politics/Ashton-to-investigate-OCSO-about-missed-Casey-Anthony-evidence/-/11788048/18015752/-/bc0he9z/-/index.html?absolute=true

http://www.huffingtonpost.com/2013/01/08/casey-anthonys-misdemeanor-conviction-appeals-court_n_2430821.html

Just a reminder…

Cost to prosecute? The Orlando Sentinel reported that it cost $141,362 to prosecute Casey Anthony, much of it going to Florida Department of Law Enforcement and the Metropolitan Bureau of Investigation which tallied up to $82,000.

But the total doesn’t include the costs from Orange County Sheriff’s Office, the lead agency that did the bulk of investigating. For reasons unknown, this file is being held close to vest as they await a hearing scheduled for August 25th.

The prosecutors want Anthony to pay for being prosecuted on false evidence and pay for the shoddy investigation it cost to find it. This amount has not been disclosed.

Some of the expenses filed by the prosecution in 281 pages of documents detailed such items as experts’ work, airfare and hotel stays for witnesses and transcription services.

Among the State Attorney’s Office expenses:

• $20,551 for work conducted by Dr. Neal Haskell, a forensic entomologist. He billed for a variety of areas, including report writing and work on specimens. The state also reported $9,650 for Haskell’s trial testimony and preparation.

• $1,005 for court reporting service for the two-volume deposition of Sheriff’s Office Sgt. John Allen.

•$ 833 for a court reporting service for the two-volume deposition of Sheriff’s Office Cpl. Yuri Melich.

• $2,082 for a court reporting service for the deposition of Cindy Anthony.

• $6,112 for cell phone tower expert Charles Marth.

Casey’s Probation in Limbo

Wednesday, August 10, 2011 should be interesting. Will Casey Anthony be given credit for doing good probation in hoosegow while awaiting her bogus trial for first degree murder possible death sentence or will Judge Perry finally put an end to the madness and set her free?

Casey Anthony was overly indicted and convicted as a 1st time offender for writing bad checks from a friend’s checking account. The checks totaled just under $700. Judge Stan Strickland who was the presiding judge of the Anthony trial and later recused himself, had sentenced her to time served which was 412 days and one year probation.

At the same time Anthony was awaiting trial for 1st degree murder and had not yet been acquitted, something Judge Stan Strickland did not expect.

Almost a month after she was acquitted of all major charges, Judge Stan Strickland miraculously remembered he gave her probation which was to begin the day she was released from jail but the Florida DOC had applied her probation while she was in jail.

In order to fix the problem Strickland signed an amended order August 5, 2011 stating he intended for Anthony to carry out her probation after trial.

~~~

I’m trying to imagine what probation will be like for Casey Anthony if Judge Perry finds some way to justify Judge Stan Strickland’s cry for attention. If, after all motions denied and every law avenue taken falls upon deaf ears of the court, Casey Anthony could be forced to live out another year under the guidance of the Orange County Dept of Corrections.

PROBATION CONDITIONS

There are two types of probation conditions, General probation conditions and Special probation conditions.

Every probation sentence carries the same General Probation conditions:

Report timely to probation

Submission of monthly probation reporting

Do not violate any state or federal laws while on probation

Do not move from your pre-approved place of residence without prior consent from a probation officer

Maintain consistent employment or enroll as a full time student school

Special Probation conditions will relate to the underlying charge and can include:

Not to consume or possess alcohol while on probation

Complete court ordered driving classes and DUI schools

Complete community service as part of probation

Complete court ordered counseling as part of probation

Payment of restitution to a victim during probation

~~~

The DOC will know where she lives as will the rest of us. She will have to obey ALL of the laws as we all should. Since getting a job will be impossible, enrolling in school wouldn’t be a bad idea.

I don’t think she qualifies for special probation because alcohol nor drug abuse were part of her underlying charge so it seems if Casey has a Corona at home with a few clean-cut, law abiding friends it shouldn’t be much of a problem.

Of course, this would have to happen in a perfect world where one is free once acquitted in a Court of Law but as we all know, there are a few rogue mobsters who would like nothing better than to be THE ONE who did the deed.  I think that’s a given and Judge Perry will do the right thing.

TheJBMission~

~~~

Sources:

http://articles.orlandosentinel.com/2011-07-28/news/os-casey-anthony-prosecution-costs-20110728_1_casey-anthony-case-cindy-anthony-yuri-melich

http://www.nypost.com/p/news/national/casey_probation_in_limbo_avXCfI9Q9SK2PaD9K46HwM?CMP=OTC-rss&FEEDNAME=

http://www.youtube.com/watch?v=3H6YxAEVJdY

Casey’s Reaction to the Verdict

http://www.youtube.com/user/HollysGmom

Courtesy of HollysGMom

No one knows where Casey Anthony is, but America’s most notorious recent murder defendant doesn’t have to fret about her legal bills reaching her so says Chris Lehmann, editor of Yahoo News.
That’s because $119,000 in defense fees racked up during her trial which produced a shocking not-guilty verdict in her home jurisdiction of Orlando, Fla., earlier this month have been picked up by Florida taxpayers. The same is true for another spending $5,800 in fees that Anthony’s attorney Jose Baez has billed to his client’s case, putting the overall taxpayer tab at just shy of $125,000.
This is an incredible amount of money, especially when you add $200,000, the amount ABC paid to Casey Anthony for pictures of her daughter Caylee Anthony, the 2 ½ year old victim of the alleged crime that Orange County Florida indicted, making this entire disaster a $325,000 waste of tax-payer money so far. Obviously first degree murder with possible death penalty doesn’t come cheap.

~~~

According to an article titled “The Costs of Capital Punishment” by J. Rank, provider of thousands of free legal articles;
In 1989, the state of Florida executed 42-year-old Ted Bundy. Bundy confessed to 28 murders in four states. During his nine years on death row, he received three stays of execution. Before he was put to death in the electric chair, Bundy cost taxpayers more than $5 million.

In the good old days of 2003, the cost of a proper execution without the bothersome appeals was minuscule. In 2003 the state of Florida paid $150 to the executioner, $20 for the last meal, $150 for a new burial suit, and $525 for the undertaker’s services including a coffin, the cost on a decent execution was less than $1,000.

But thanks to a Supreme Court decision, Furman V. Georgia, 408 U.S. 238, 92 S. Ct. 2726, 33 L. Ed. 2d 346 (1972), states found it necessary to introduce a complex appeals process that would guarantee the rights of death row inmates.
Apparently capital trials are much more expensive to carry out than are their non-capital counterparts because of the price at stake, a human life.
Evidence gathering is also more expensive. Evidence must be collected not only to determine the guilt or innocence of the accused but also to support or contradict a sentence of death. All sentences of death face a mandatory review by the state supreme court, at an additional cost of at least $70,000. If a case advances further in the state or federal appeals process, the costs are likely to jump to $275,000 or more for each appeal. Incidentally these figures are those of 2003, not 2011.

Perhaps, the good citizens of Florida should send out a big “Thank You” card to Jose Baez and the entire defense team for their hard work in getting Casey Anthony acquitted of first degree murder relieving them of the cost and the expense of several hundred thousand dollars for each of her appeals.
Had she received the death penalty another $275,000 bill would surely come their way. The tax-payers wouldn’t be delighted and possibly remorseful after hearing that the State had withheld evidence that proved Casey Anthony only searched “chloroform” once and not 84 times as Linda Drane Burdick claimed. They would most likely wonder if it was worth the price to execute someone on unreliable evidence.

Instead, I would suggest that the tax-payers of Florida should spare no expense in getting answers and possibly financial retribution from their own State Attorney’s who erroneously over-indicted Casey Anthony without solid evidence or proof of premeditation and for withholding exculpatory evidence that perhaps would have stopped the trial before it began had they doubled checked CacheBack’s reliability.

~~~

I recall Cheney Mason’s plea to Judge Perry for acquittal during the course of trial on June 16, 2011. Cheney Mason argued for acquittal, but nonetheless Judge Belvin Perry rejected this motion. Judge Perry claimed “the state has established substantial competent evidence for the jury which is the trier of fact in the case to decide.”
Defense attorney Cheney Mason vehemently shot back that the State has not even proved that a murder occurred. The cause of death is unknown. Only the manner of death was established, to rule Caylee`s death as a homicide. The cause of death “homicide” was an opinion of medical examiner Dr. Jan Garavaglia.

In any first degree murder indictment, one of the criteria is premeditation. Suspicious internet searches were deemed premeditation thus manufacturing more ammunition in their quest to charge Casey Anthony with First Degree Murder and possible death penalty.
Considering the latest revelation and the computer evidence now debunked thanks to the State’s own computer expert John Bradley and his software, CacheBack’s erroneous calculations, there’s a few flies in the ointment that needs tending to.

A person’s freedom
A person’s reputation
A person’s ability to earn a living
A person who will forever live in fear because she is in the scope of lunatics who want her dead

She did not premeditate murder as Asst. State Attorney Linda Drane Burdick alleged.

~~~

In retrospect, the State of Florida is also responsible for sentencing Casey Anthony unreasonably as a first offender on check fraud charges stemming from checks she had written from Amy Huizenga’s checking account during the time she failed to report Caylee’s death.

By making Casey Anthony a 6-time convicted felon which was a legal maneuver on the part of the prosecution meant to add drama for the media and create doubt of Casey’s credibility if she were sentenced to death and put on the stand to testify in her own behalf.
Another possible reason the State Attorneys wanted Casey Anthony to be a 6-time convicted felon was to further her eligibility for the death penalty.

However, even though she was found not guilty of all major charges the fact remains, she is still a convicted felon which now impedes on her right to earn a decent living. Many employers look down upon convicted felons and refuse to hire them.

Since Casey Anthony was acquitted of first degree murder, first degree child abuse, first degree child neglect and with the check fraud charges still hanging over her, I’m hoping after 5 years of good behavior, that there’s an extraordinary attorney out there who’ll be willing to fight to have those charges expunged from her record.

Linda Drane Burdick perhaps?

theJBMission~

As an Afterthought..
What I’ve learned from the Casey Anthony case is that law enforcement is not always honest and that if the crime a person is accused of is against a child or another helpless human being that any zealous prosecutor in need of help at the polls or some other nefarious reason could build a case against anyone with the right amount of help.
In this case, the crime was against a child and the suspect’s own family did the helping.

Given the right amount of dysfunction and public outcry, the worst almost happened yet miraculously our judicial system worked through it all proving hate and revenge is not the answer.
Sadly, what I witnessed was by and large an egregious violation of trust from some elected officials. The state of Florida deserves better.

~~~

Sources:
Headline: Taxpayers foot bill for Casey Anthony defense
http://news.yahoo.com/blogs/lookout/taxpayers-foot-bill-casey-anthony-defense-155506468.html

 Editor, Chris Lehmann of Yahoo news

http://law.jrank.org/pages/5002/Capital-Punishment-COSTS-CAPITAL-PUNISHMENT.html

Read more: Law Library – American Law and Legal Information http://law.jrank.org/#ixzz1SsTDfgJZ

May 27th, Mistrial Denied

Day 4

After watching witness after witness robotically being asked the same questions, I couldn’t help but wonder why. It seemed the only purpose was to convince the jury that Casey felt no remorse which I thought was proper protocol in a murder trial but apparently I was wrong.

After the jury had left late Thursday afternoon, Casey Anthony’s defense team moved for a mistrial. Attorney Cheney Mason complained to Judge Belvin Perry about the state’s questions regarding Casey’s attitude when Caylee disappeared.

“All of these questions for all of these friends going into whether she was happy or unhappy, or how she looked and those changes and so forth, repeated objections and overrulings – I think that it’s improper,”
Mason said, because it implies to the jury that Casey Anthony has no remorse which he said was case law for a mistrial.

Of course Judge Perry denied the motion after one minute of pondering and simply asking SAO Jeff Ashton if that was his intention. Jeff Ashton pointed out that there were other reasons the testimony is relevant like proving that Casey was lying.

Obviously, there are other liars in that court room besides Casey Anthony. Jeff Ashton’s response was good enough for Judge Perry.  Motion denied.  Add this one to the list of causes for appeal.

~~~~~ April 2, 2011  ~~~~~

http://thejbmission.wordpress.com/2011/04/02/the-real-attorneys-of-orange-county-courthouse/

I can’t help but wonder if the recent motion filed by Cheney Mason claiming bias from Judge Perry and asking for a re-hearing set off the fireworks which helped to turn this hearing from informative and pleasant to an all out war.
This is a good example of Judge Perry’s attitude and many disparaging remarks towards Defense Attorney Jose Baez.
http://www.wftv.com/news/27395081/detail.html

 

From my observation of several past proceedings and this trial for the last 3 days that Judge Perry relies heavily on Jeff Ashton’s input and suggestions. Perhaps Judge Perry isn’t as dazzling as the local news media wants us to believe.

As I recall this is Linda Drane Burdick’s case. If it weren’t for the elongated and boring opening statement she made, we’d never know that this case is her baby, something I had forgotten. She is the lead State Attorney over the Casey Anthony 1st Degree Murder Trial.

Considering all that I’ve witnessed today and in the past proceedings, I’m certain Jeff Ashton was put on this case because there’s no way she could stand on her own against these sharp seasoned defense attorneys. Imagine this trial without Jeff Ashton. Not to be derogatory towards Ms. Burdick but I believe she is the weakest link.

Court will begin at 8:30 am EST.

Sources:

http://www.wdbo.com/news/news/local/casey-defense-team-moves-for-mistrial/nCnmc/

Posted: 5:37 p.m. Thursday, May 26, 2011
Casey Defense Team Moves for Mistrial

http://thejbmission.wordpress.com/2011/04/02/the-real-attorneys-of-orange-county-courthouse/

And So the Trial of Casey Anthony Begins!!

Its official!  As of Friday, May 20, 2011 after almost 2 weeks of jury selection, opening statements will begin Tuesday, May 24, 2011 at 9am. The much awaited trial of Casey Marie Anthony will take place at the Orange County Courthouse. Presiding Judge Belvin Perry Jr. along with 12 seated jurors and 5 alternates will hopefully come to a final decision in a 1st degree murder indictment that State Attorney Jeff Ashton deemed as fit.

The indictment is 1st degree murder with death penalty pending.  Casey Anthony has pleaded not guilty of the unclassified murder of her beautiful 2½ year old daughter, Caylee Marie Anthony. The trial is expected to last at least 6 weeks.

As I reflect on TheJBmission.wordpress.com blog I’m amazed and stoically proud of our accomplishments as we meticulously probed into every minute detail and aspect of this case.  I think this case has been a true learning experience for me and I feel as though I’m ready to take the Louisiana Bar Exam.

 Wow Almost 3 Years!!

 If ever I have the opportunity, it would be a privilege to shake the hand of Jose Baez.   As Casey Anthony’s lead defense attorney he has portrayed himself as a courteous, well-mannered and a true gentleman in the face of the worst condemnation I’ve ever witnessed upon an Officer of the Court of Law.

He is a perfect example of what every lawyer should strive to be, an immovable believer in his client’s innocence and their Constitutional right to a fair trial.

It would also be an honor to shake the hand of Cheney Mason, Ann Finnell and Dorothy Sims who had the fortitude to stand up and help their fellow colleague Jose Baez when he stood alone and other colleagues chose to write disparaging news articles about his personal life and his defense of his client Casey Anthony.

As I’ve tried to convey to anyone who has asked, my focus isn’t only on Casey Anthony and the consequent bizarre charge of 1st degree murder in the unclassified death of her daughter but also on the enormity of other injustices in our country due to the unashamed media whose objective is to try and convict presumably innocent citizens and/or suspects in order to sell commercial ads at a thousand dollars a slot depending on how sensational they write their stories. Their crime is that they take advantage on the public’s belief in their journalism which makes them ever more irresponsible for their actions. In some cases, lives have been ruined.

With the investigation, hearings and motions behind us and the actual trial soon to begin,  kardan, a blogger who occasionally comments here gave me an idea for this thread.  He/she suggested that I observe this trial in a new light, as a virgin so to speak. I should clear my mind of the 20,000 pages of documents I’ve dissected, the numerous news articles I’ve been forced fed, all of George and Cindy Anthony televised interviews, the last 48 Hours Special and most importantly any Nancy Grace segments that introduced me and thousands of other viewers to this case. As instructed by Judge Perry, I’ll keep in mind that the Defense doesn’t have to prove anything or point to someone else but to simply raise reasonable doubt.  The State has the burden of proof.

So as not to confuse anyone, I’ll become commenter “Juror 209″ but of course the JB Mission will have her opinions too.  It might be fun.  Feel free to join in as a pseudo juror. Give yourself a name or a number and be sure your juror persona is aware of the unwritten rules that we’ve all managed to follow. Please be polite and as always, no name calling or derogatory remarks toward others who comment here. Remember nobody wants to be that snarky juror.

~~~~~~~~

 Meet the 12 Seated Jurors

1.) Juror #1398

  • Female, 67, Worked in counseling for 35 years
  • Has a son and daughter, three grandchildren
  • Gets News from TV
  • Served on the jury for a murder trial
  • Used to work in nursing, has smelled a dead body

2.) Juror #1019

  • Male, African-American, IT Specialist
  • Married, 2 children, girl, 4, boy, 9

3.) Juror #1055

  • Female, 32, Nursing student
  • Single, no children, youngest of 5 siblings
  • Never served on a jury
  • Didn’t know about the case until recently
  • Never been a victim of a crime

4.) Juror #1319

  • Female, African-American,
  • Admitted few friends
  • No opinion for or against death penalty

5.) Juror #1429

  • Female, retired, was a nurse’s aid
  • Divorced 14 yrs ago, lives with boyfriend of 12 yrs
  • Doesn’t own a computer
  • 3 children, ages 52, 49 and 48, 3 grandchildren
  • Son, grandson have had trouble with drugs

6.) Juror #1025

  • Male, 33, chef
  • Married, 6 yr-old son, daughter is 21 wks old
  • Parents live in Flagler
  • Watches sports and sitcoms on TV
  • Gets news from phone

7.) Juror #1007

  • Female, 41, office worker
  • Divorced, born in Miami, works in child welfare
  • Has one younger sister
  • Was a victim of armed burglary in 1990
  • Mother is a real estate lawyer

8.) Juror #3015

  • Female, service rep for Verizon
  • Married, 2 sons; ages 27 and 23
  • Recent kidney transplant
  • Father worked in law enforcement in NJ
  • Youngest son attended Full Sail

9.) Juror #3185

  • Male, 53, unemployed
  • Single, no children, 2 sisters, 2 brothers
  • Enjoys photography
  • Watches PBS, Discovery, History channel
  • Nephew recently became Manatee Co deputy

10.) Juror #3310

  • Male, 57, retention specialist for Verizon
  • Single, no children, has brother and sister
  • Little knowledge of case
  • Doesn’t watch much TV news, likes TVLand
  • No opinion on death penalty

11.) Juror #3016

  • Male, teaches high school, PE and Health
  • No children, has 2 dogs, 1 sister, 1 brother
  • Uncle is retiring from the FBI
  • Working towards Master’s degree in Special Ed
  • No feeling against the death penalty

12.) Juror #3140

  • Female, works at Publix as a cook
  • Married for 2nd time, daughter, adopted son
  • Retiring in September
  • Doesn’t watch much news, doesn’t have cable
  • Not familiar with computers

Meet the 5 Alternates

 

 

1.) Juror #3093

  • Female, 48, surgical technician
  • Married, husband out of work, 2 grown children
  • Served on a civil case jury
  • Likes watching sports and history channel
  • Makes yarn and weaves

2.) Juror #3170

  • Male, teacher, married for four years
  • 1 son from previous marriage
  • 2 teenage stepchildren
  • Is originally from Cincinnati
  • Never served on a jury

3.) Juror #4013

  • Female, cashier at car dealership
  • Widower, mother to 12-yr-old son
  • Followed case on TV
  • Husband was in jail on drug charges
  • No opinion on death penalty

4.) Juror #4192

  • Male, 25, carpenter
  • Single, half-brother and sister
  • Lives with parents
  • Once charged with drug possession
  • Visited Orlando before for theme parks, magic game

5.) Juror #3308

  • Male, 39, water plant operator for St. Pete
  • Married, no children, has 3 dogs
  • In Coast Guard for 12 yrs
  • Had plane and baseball tickets to see Grandma
  • Never served on a jury

 Carpe Diem

Lastly, I wholeheartedly pray that this trial will be judicially fair, unbiased and factually presented.  I pray that the presiding Judge will heed to his oath that ensures Casey Anthony’s right under the Constitution VI Amendment, her right to a fair trial and  justice for her precious daughter Caylee Marie Anthony.

The Sixth Amendment (Amendment VI) to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.

~~~~~~~~

 Sources:

http://www.wesh.com/casey-anthony-extended-coverage/27927106/detail.html

http://www.wesh.com/casey-anthony-extended-coverage/27977507/detail.html

http://www.palmbeachpost.com/news/crime/casey-anthony-trial-12th-prospective-juror-selected-alternates-1484724.html

http://www.wftv.com/news/27970154/detail.html

http://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution

thejbmission~

Day 5, Jury Selection

How a judge’s voir dire can teach a juror what to say?

In my quest to find an answer I stumbled upon the perfect article written by Robert Kelley Esq. posted in the Florida Jury Selection Blog which is titled “The Role of the Judge”.

Having never witnessed a voir dire and as a first-timer, I found it interesting enough. Even though this is the Casey Anthony trial I’m sure there will be much more exciting bombshells ahead to gasp about, however I think this particular voir dire has had its fair share of controversial moments. We’ve seen the potential blogger who didn’t know a DUI was a crime and who can ever forget the arrival of the potential juror who was also one of the many protesters/possible witness who had an altercation with George Anthony who is the father of the accused.

Not to criticize Pinellas County court because I’m aware they were on short notice but maybe they should’ve checked the witness list before pulling her name from the proverbial hat before they put this person in a room full of potential fair and hopefully impartial jurors.

Putting this aside, I’m still taken aback during Judge Perry’s initial introduction and instructions when welcoming the newest potential juror. There was just something not right in his choice of words and mannerisms that I couldn’t put my finger on until I read Robert Kelley’s article. For instance, I thought I witnessed Judge Perry interjecting while the defense attorney Jose Baez was questioning the possible juror. Now I see my concerns are valid. Also there were a few times I wished the defense would have objected to a few of Judge Perry’s instructions and questions I’m sure this would add a considerable amount of animosity to this already stressful case.

Snipped:

“And a trial judge should rarely, if ever, interject itself into the midst of counsel’s voir dire exam if there is no objection from opposing counsel. As noted by the Fourth District Court of Appeal in Brown, supra, “We feel constrained to add a final observation. It is clear that the trial judge interjected himself into the defense counsel’s voir dire examination of jurors and final argument without any objection from the prosecutor. While it is certainly true that a trial judge has the power to take such action even in the absence of an objection from the opposing lawyer, it should be exceedingly rare to do so.”

Robert Kelley Esq. the article editor went on to say because jurors respond differently to lawyers than to the judge, it is fundamental that the trial judge must allow counsel adequate time to question the panel to ascertain latent or concealed prejudgments by prospective jurors, and to inquire into core areas of the case, even if the court and opposing counsel have already thoroughly inquired into those areas.

Considering that time and Judge Perry’s demanding deadlines are at stake explains the reason why he is interjecting during counsel’s questioning of prospective jurors but is it ethical to do so. This article clearly states it matters not that the court and opposing counsel have already thoroughly inquired into those areas the counsel’s questioning supersedes and he should be allowed to continue his line of questioning.

Snipped:

Judges should always be mindful that voir dire is the first opportunity the attorneys have to establish personal contact with prospective jurors and the only occasion they have to enter into a dialogue with jurors. It has been repeatedly observed that “prospective jurors do not respond in the same manner to inquiry by a judge as they do to questions by counsel,” and that when responding to a question asked by the judge a prospective juror is more likely to provide a response designed to “please the judge” than to be completely candid. See, Campbell, supra, Miller, supra, Mendez, supra. See also, How a Judge’s Voir Dire can Teach a Jury What to Say, Shuy, R., Georgetown University (Discourse and Society, Vol 6, No. 2, 207 – 222, 1995)

I also read that this can frequently result in some underlying tension between the trial judge and trial counsel during jury selection, and many excellent judges have been reversed for becoming overly involved in voir dire and/or limiting the attorneys’ questions of the panel. Interesting.

The coup de gras

And a trial judge should rarely, if ever, interject itself into the midst of counsel’s voir dire exam if there is no objection from opposing counsel. As noted by the Fourth District Court of Appeal in Brown, supra, “We feel constrained to add a final observation. It is clear that the trial judge interjected himself into the defense counsel’s voir dire examination of jurors and final argument without any objection from the prosecutor. While it is certainly true that a trial judge has the power to take such action even in the absence of an objection from the opposing lawyer, it should be exceedingly rare to do so. Repeated interjections without objection can recast the judicial role from impartial adjudicator to an apparent advocate for the party foreswearing objection. The occasion authorizing such judicial action should thus be both singular and intolerably offensive.” Brown at 913. If a judge improperly interjects him or herself into the trial when there are no objections from the other side, it can result in the judge being removed from the case. See, Ramos v. Casey, 35 FLW D2086 (Fla 5th DCA 2010) (holding that trial judge’s sua sponte making evidentiary objections in personal injury case during plaintiff’s case-in-chief was reversible error and required removal of judge) , and Spencer v. State, 615 So. 2d 688 (Fla. 1993) (holding that trial judge’s sua sponteexcusal of jurors for allegedly having low IQ’s was reversible error.)

Is Judge Belvin Perry trying to tell us something?

Quote:

Repeated interjections without objection can recast the judicial role from impartial adjudicator to an apparent advocate for the party foreswearing objection.

~~~~~~~~~~~~~~~~~

Sources:

Written by Robert Kelley Esq.

http://www.juryblog.com/the-role-of-the-judge/

” Can a judge teach a jury what to say” discussion

http://www.juryblog.com/wp-content/uploads/2008/02/s-voir-dire-can-teach-a-jury-what-to-say.pdf

 Judge Perry came to another decision.  Chloroform evidence is in. 

 Evidence Allowed:

Chloroform evidence

 Heart sticker

 Police K-9′s

 Lone Hair

 Root Growth

 Trunk Stain

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 References to the smell of the car have not been ruled on yet.

The judge denied a motion to reconsider his ruling to keep the stain from the trunk in evidence.

Jose Baez, lead counsel for the Defense has a motion pending asking to prohibit any references to photographs and social behavior of Casey Anthony that occurred within the “31 days” because they are irrelevant as to consciousness of guilt.

Baez added “typical evidence probative of consciousness of guilt has been limited to flight, concealment or resistance of a lawful arrest. 

Quote:

For a defendant’s subsequent behavior to be probative of consciousness of guilt, the behavior must somehow bare on an act in futherance of evading prosecution. Further, “where the defendant challenges the relevancy of such evidence, the state must adduce evidence that the defendant’s behavior was related to an attempt to avoid being held accountable for the crime at issue.”

 

Snipped from WFTV

A research scientist, who has done groundbreaking work in the field of human decomposition, said he found an amount of chloroform in Casey Anthony’s car trunk that was 10,000 times more than he’d expect to see. The defense expert argued the methods the scientist used to determine that were faulty.

Wednesday, Judge Perry disagreed and ruled the jury will hear that evidence.

WFTV legal analyst Bill Sheaffer says it’s very damaging to Casey. 

What’s left for the defense?  SUBURBAN DRIVE

~~~~~~~~~~~~~~~~~~~~~~~~

WFTV, in their quest for a fair trial for Casey Anthony is speculating Palm Beach will be Judge Perry’s location of choice for the perfect, unbiased jurors.  WFTV reports Judge Perry has been sited in the area. 

Sources:

http://www.cfnews13.com/article/news/2011/april/238402/Judge-rejects-Casey-Anthonys-defenses-second-attempts

http://www.wftv.com/news/27700890/detail.html

Defense Motions

http://www.wftv.com/pdf/27662775/detail.html  denied

http://www.wftv.com/pdf/27662775/detail.html  pending

Baez cited: (Twilegar v. State, 42 So. 3d 177, 196 (Fla. 2010)

How many times did we hear those words coming from Orange County State Attorney Jeff Ashton? Let’s reflect on Mr. Ashton’s behavior in other cases he’s tried in Orange County court rooms.

This was released in February 2009 by Click Orlando’s Local 6 reporter Tony Pipitone.
It seems Casey Anthony prosecutor Jeff Ashton withheld evidence in one or possibly two prior cases. He’s said to have helped set up Benjamin Smith in his murder trial. It was tossed aside because an eye witness in this case was told by Ashton not to reveal she was paid $3000 (later reported $4000) reward in exchange for her testimony. While on the stand Ashton agreed this was Brady material. Brady material is a law that says prosecutors must disclose evidence to the defense that may help their client.

~~~~~~~~~~~John Huggins~~~~~~~~~~~

In the Huggins case, almost whimsical to think that Judge Perry and Jeff Ashton were the players in the mistrial of victim Carla Larson was brutally murdered in 1997. The reason was because Ashton withheld a taped statement from a witness that was favorable to the defense.
When a retrial was ordered John Huggins needed a new lawyer. A circuit judge appointed Orlando attorney Cheney Mason to represent Huggins. But Mason withdrew in a dispute with Orange County over legal fees. He complained that the $50-an-hour rate the county has been paying lawyers in death penalty cases like Huggins’ is ridiculous. Subsequently, Judge Belvin Perry Jr. had increased the fee paid to attorneys in capital cases to $120 an hour but Mason said the increase still wasn’t enough.
Ashton was also scolded by the Florida Supreme Court and upheld Perry’s ruling for a new trial. John Huggins was later sentenced to death in retrial trial.

Another news headline read “Death-row inmate refuses to leave cell for hearing”
July 30, 2010
Perry said “this case is mired in quicksand” and said he can’t know for sure if Huggins is refusing to cooperate with his lawyers because he is delusional or because he is trying to delay the process.

~~~~~~~~~~Benjamin Smith~~~~~~~~~~

 In 1996 Benjamin Smith, then a 5-time felon told jurors he didn’t do it. He and some of his family members blamed a step-cousin, Vincent Hubbard. But investigators said it was clear that Hubbard, 20, wasn’t guilty.

Benjamin Smith was convicted of murder and sentenced to life in prison for paralyzing Kenny Dozier and killing 15-year-old Ellis Glenn Tapley after the two chased him for trying to break into their truck outside the Florida Citrus Bowl.

Attorney Robert Nesmith called the case “a rush to prosecution” and an example of “shabby” police work. He said eyewitnesses who identified Smith as the shooter in police lineups were mistaken, and none of them positively identified him during the trial.

Prosecutor Jeff Ashton said Smith’s defense was fabricated and evolved over the years.

Smith became a suspect soon after the shooting, which occurred after Dozier and his friends attended a nighttime truck and tractor pull at the stadium in February 1996.
One of Smith’s relatives called police to say that Hubbard, who had been staying with Smith in a home near the Citrus Bowl, looked like a police sketch of the suspect.

However in May 2009, Click Orlando, Local 6 ran this story.

“Convicted Murderer Could Go Free”
“Witness Says Police Harassed Her Into Testifying”

The man convicted and sentenced to life in prison for the 1996 murder of a 15-year-old boy after a Citrus Bowl monster truck show could soon go free.
Orange County Circuit Judge Bob LeBlanc today threw out the conviction of 37-year-old Benjamin Smith, ruling the defense should have been told before trial that the state’s key witness was paid a $4,000 Crimeline reward after she implicated Smith.

Mazzie Lee Jackson Pauldo, 42, testified in February that now-retired Orlando police Detective Glenn Gause hounded her for over a year to implicate Smith, which she eventually did in July 1998. She testified Orlando police harassment led to her losing a job and she feared police would fabricate charges against her or her husband, who was on 15 years’ probation at the time.

Judge Bob LeBlanc in granting Smith’s motion for a new trial said he did not find police or prosecutors coerced false statements or testimony from Pauldo – something both Gause and prosecutor Jeff Ashton denied doing.
Instead, he focused on Pauldo getting a $4,000 reward check dated August 12, 1998, the same day Smith was indicted.
“She wasn’t a confidential informant or a tipster,” LeBlanc said. “She was paid because she provided information to law enforcement. That information should have been disclosed” to the defense and the jury that convicted Smith on May 26, 2000.
“It was (Pauldo’s) testimony that convicted Mr. Smith and nothing else,” LeBlanc said, adding, “had the jury known she had been paid $4,000, that would have gone to her credibility and bias.”

Benjamin Smith case has not been re-tried as of this date but has been granted in the District Court of Appeal of the State of Florida as of January 21, 2011.

In my opinion:
Jeff Ashton’s ostentatious misbehavior in Orange County Courthouse is nothing new. Casey Anthony and her Defense Team have every right not to trust SAO Jeff Ashton or the OCSO for that matter. There are at least two defense attorneys and two Judges that know him well. Surely Jose Baez, Cheney Mason, Dorothy Sims and Ann Finnell are watching him very closely and so should we.

To you Mr. Ashton
“I Object Your Honor!”

Sources:
http://articles.orlandosentinel.com/…s-mason-lawyer

http://scaredmonkeys.net/index.php?topic=8430.180

http://articles.orlandosentinel.com/…ath-row-inmate

http://articles.orlandosentinel.com/2000-05-27/news/0005270051_1_benjamin-smith-dozier-citrus-bowl

http://www.clickorlando.com/news/19409427/detail.html

http://www.miami-criminal-lawyer.net/caselaw/2011/01/21/state-of-florida-v-benjamin-e-smith/

So Judge Belvin Perry decided that he would be the “special magistrate” so to speak   His answer to the motion, “just call me if you have a problem.”  Judge Perry is going to have to step up and be the MAN at some point and make a unprecedented decision on his own.  He hasn’t a clue of the magnitude of this case.  I think he’s stupid.  I’d like to know how he was elected to be a judge.

His ruling today wasn’t well thought out.  He complained how busy he’s been, suggested he hasn’t had much time to sleep, yada, yada, yada.

He considered his decision to have a “cooler” area for the defense experts to inspect the evidence was giving Baez a little something so he doesn’t seem like he’s being unfair.  I get it.  But his solution to have the experts look over the evidence and if they want to talk about it, just go into the private room.   Hilarious!  Obviously, the items selected will be a tell tale sign of which evidence the defense is interested in.  Again, showing their hand to the prosecution.  If I were on the defense team, I would select every item and go into the private room and discuss it.  It’s a poker game.  So what if it takes 10 days. 

Baez again addresses problems with privacy.  It’s too bad Judge Perry didn’t have the insight to see the ramifications of his past rulings regarding this problem  Whether Jose Baez is the BEST attorney in Florida, judicially speaking he’s right on for addressing the problem of lack of privacy considering the state is playing the media for all it’s worth.  The media loves the SAO’s for their generous contributions.  More Casey, More coverage, More money. 

I have a feeling if the press coverage isn’t curtailed in some way, this case will set precedence that will in someway change the Sunshine law. 

In my opinion, if Hitler were on trial, this would still be an atrocity of justice. Judge Perry is playing it so safe. It’s too obvious that he’s playing up to public opinion in order to win re-election.

Shame, shame Judge Perry!!

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