Is the reading of the “Miranda [Miranda v. Arizona]”, moot?

Ok, here we go again, changing the laws so it will fit the people it serves, I am referring to the law enforcement officials, as we know the recent Supreme Court decision was not for us, but for the folks whose cars that have four words affixed, sometimes look like an after thought on the two-tone paint job.  “To serve and protect”…

 …that decision protected “a fundamental right that the court now dishonors.” says  Justice John Paul Stevens

this change also offers more questions than answers.  At this point and time-

• Is the reading of the “Miranda [Miranda v. Arizona]”, moot?
• Is pleading the fifth in court moot?
• Will we be badgered to answer anyway?

maybe we’ll get Dick Cheney to come up with new interrogation rules…

Justice John Paul Stevens also said  “the ruling will “diminish the public’s confidence in the reliability and fairness of our system of justice. “

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Death penalty: What other’s are Thinking

Posted by: Gxxxx | May 31, 2009 at 07:02 AM

 

    I must say that I agree with the defense on the matter of the death penalty. There is something seriously wrong with the prosecution in the fact that they had waived the death penalty and then reinstated it. I know that this was done after the Caylee’s body was found, but Casey was already charged with 1st degree murder.

I have not yet seen one piece of evidence that ties her to the site where Caylee was found besides garbage bags, duct tape and a laundry bag. These are all very common household items that you will find in almost all houses. One thing that really makes me wonder is the laundry bag. This type of a household item you would think would be so easily linked to that home.

I say this due to the fact that it’s a cloth laundry bag that would hold an enormous amount of fibers, possible hair from other family members, etc. I find it hard to believe that if this basket did come from the Anthony house they have not found any evidence of fibers that could be linked to clothes from inside that house. I am also very much confused as to it taking them as long as they did to find Caylee’s body. This if anything will be the reason Casey walks.

We all have to be realistic here on this matter. Although we have this mountain of evidence that Casey did something to little Caylee the fact that the area was searched multiple times (Once with cadaver dogs) and several tips came in of possible evidence in a missing child case that were not followed up on correctly is a massive argument for the defense to claim the body was not there at that time. I myself am having a real hard time with this one.

This is especially troubling to me due to the fact that this area was only ¼ of a mile from the Anthony’s home and we all know that if tips were coming in that there was a possible dead child in the woods the authorities would have ripped that woods down tree by tree. Something is seriously wrong with this aspect of the case.

This could definitely put doubt in a jury’s mind as to whether Casey was the one to put the body there. All the evidence points to Casey having a part in whatever happened, but it does not point to pre meditated murder. There is no cause of death, no crime scene, no motive (Unless you want to say she did it to spite her mother or so she can be child free) and once again we have this long period of time before they found the body when it was almost in the Anthony’s back yard.

I really need to see what else the prosecution has because there is many holes in this case that need to be filled before I myself could say this was pre-meditated murder. Casey is definitely guilty of something (But what and to what extent) I wish Casey would just come out with what really happened.

Posted by: Gxxxx | May 31, 2009 at 07:02 AM

State of FloriDAH! vs. Death row realism (title By Jeanne Woodford).

State of FloriDAH! vs. Death row realism

Mike Thomas Blog

“But now I am reconsidering. Noted DePaul law professor Andrea Lyon has joined the defense because it lacked an attorney who met the qualifications to defend a death penalty case.  Lyon is a very accomplished attorney who more than meets the qualifications.”

 “Just like Johnnie Cochran took over O.J.’s defense from Robert Shapiro.”

 
Death row realism  by Jeanne Woodford

Death row realism I did my job, but I don’t believe it was the right thing to have done. We should have condemned Massie to permanent imprisonment — that would have made the world safer, but on the night we executed him, when the question was asked,

“Did this make the world safer?” the answer remained no. Massie needed to be keptaway from society, but we did not need to kill him.

 

“Do executions make us safer? San Quentin’s former warden says no.”  By Jeanne Woodford October 2, 2008

Can we all give Baez a Break?

REMEMBER; Jose’ Baez, originally hired to defend a fraud and theft by check charges.  The reason he remain was because Ms. Anthony asked him to…I am sure he said..  (Not quoting him), Hey, do you want me to find another attorney to handle the new set of charges.  The other thing that bothers me is the assumption that the death penalty is a lighthearted decision, either by Mr. Lamar, or by Ms. Drane-Burdick.

I think the DP was originally a knee jerk reaction to the public’s outrage.  The removal of the death penalty punishment been removed because the judge ruled in favor of the defendants objection notice (Atty Lenamon); it was not a “change of heart” on the States part.  The state returned to the Death penalty notice,  to leverage the case. I do not think for a minute, Ms. Drane-Burdick would even allow Mr. Lamar to play “death row Bluff” with her own career on the line.

Update:

It’s official, Andrea D. Lyon is on the case. Per Orange County Records update

CASEY MARIE ANTHONY    DEFENDANT
782.04(1)(A)(1) - FIRST DEGREE MURDER
Charge Level: FELONY   Charge Degree: CAPITAL
JOSE A BAEZ    ATTORNEY
ANDREA D LYON    ATTORNEY
YURI MELICH    OFFICER
4/13/2009 A NOTICE OF INTENT TO SEEK THE PENALTY OF DEATH FILED
5/28/2009 A VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE
5/29/2009 A NOTICE OF APPEARANCE FILED ANDREA D. LYON
5/29/2009 A NOTICE OF CERTIFICATION FILED

to protect constitutional privacy rights of third parties

the video, to protect constitutional privacy rights of third parties.

documents consisting of the sheriff’s completed internal investigation of the incident constituted “active criminal investigative information” and were, therefore, exempt from disclosure.

In all other cases, material which has been made available to the defendant cannot be deemed criminal investigative or intelligence information and must be open to inspection unless some other exemption applies:

(e.g., s. 119.071(2)(e), F.S., exempting all information “revealing the substance of a confession” by a person arrested until there is a final disposition in the case);

or the court orders closure of the material in accordance with its constitutional authority to take such measures as are necessary to obtain orderly proceedings and a fair trial or to protect constitutional privacy rights of third parties. See Miami Herald Publishing Company v. Lewis, 426 So. 2d 1 (Fla. 1982); Florida Freedom Newspapers, Inc. v. McCrary, 520 So. 2d 32 (Fla. 1988); Post-Newsweek Stations, Florida Inc. v. Doe, 612 So. 2d 549 (Fla. 1992). And see Morris Communications Company LLC v. State, 844 So. 2d 671, 673n.3 (Fla. 1st DCA 2003)

(although documents turned over to the defendant during discovery are generally public records subject to disclosure under Ch. 119, the courts have authority to manage pretrial publicity to protect the defendant’s constitutional rights as described in Miami Herald Publishing Company v. Lewis, supra). Cf. Times Publishing Co. v. State, 903 So. 2d 322 (Fla. 2d DCA 2005) (while the criminal discovery rules authorize a nonparty to file a motion to restrict disclosure of discovery materials based on privacy considerations, where no such motion has been filed, the judge is not authorized to prevent public access on his or her own initiative).

high road these days, a little less traveled? To those that do, find it morally rewarding…

Is taking the high road these days, a little less traveled?  To those that do, find it morally rewarding…just ask WKMG.

So did WKMG pull all the PDF documents regarding the Casey Anthony case from their ClickOrlando Site?  Were the documents ever on the site?  On the other hand, did they take the high road?  I decided to check for myself…

A quick search for a PDF version of the motion to amend and supplement motion to seal jail videotape taken in the medical facility” docs from the Anthony case just to if the recent motions filed by Ms. Anthony’s defense attorneys

Orange County Clerk’s t/d stamped 5.27.2009 17:11 pm, the motion was filed by Fax, per the Orange County clerk site – 407-836-2306 – the t/d of clocked in to reflect the actual date of the transmission (the fax shows 2.27.2009 16:13 from Baez Law Firm).  The clerks physical stamp shows 16:11 pm 5.27.2009 (red ink)

This is where the fork in the road comes to mind.  Who at the Orange County Clerks office, faxed the “Baez Motion on Casey Video” out of the Clerks office at 17:20 pm 5.27.2009, and to whom was it faxed to?  From script info from archived Google page shows WESH posted the document at 5:24:07 EDT Date: 5/29/2009.

To my surprise, WKMG is void of such documents.  The WKMG site did have links to their own videos footage, but the famed Document Dumps are not visible to my searches.  My search did find the recent 17-page motion to amend… on WESH posted the document around 5:24am on Thursday the 29 of May.  I did not find it on WFTV, so I had better not hear that familiar phrase… oh I cannot even bring myself to type it out.

Before the Casey junkies freak out, the links to the documents are still out there, but they are on private blogs sites.  Some of the private blogs offer the links to WKMG, I followed a few, some worked, and others were redirects to a blank error page.

Anyone want to offer an opinion as to where these links might be, or were they ever there?  The other TV stations in town, WFTV, WESH, and CFN13 offer a majority of these documents.

The WKMG site is also void of a link or tab to Caylee or Casey Anthony on their home page. The other stations have banners and tab link on their main/home page (Casey Anthony case, Calyee Anthony and Anthony Case).

Thanks for taking the high road.  I feel there is a ray of sunshine for all of us here in Florida, who depend on you and the state government to work together to insure unbiased dissemination of the stories that encompass or government at work.

p.s. I would like to see WKMG do a follow up to this –

On WOFL-Channel 35, Holly Bristow said there were “some pretty juicy things” in the motion.  What was most shocking to Bristow was several jail guards said Anthony,  not treated fairly on that December day and they felt uncomfortable about what they were asked to do.

 

.

So, are you happy now Mr. Ashton? [FYI -“…has never to have lost a death-penalty case.”]

So, are you happy now Mr. Ashton?  Not only is Andrea Lyons qualified, is considered and expert on Capital law and death penalty case law.

In 2005, she received the president’s commendation from the National Association of Criminal Defense Lawyers for her death penalty work.

“Professor Lyon has tried over 130 homicide cases. A former Cook County Public Defender in Illinois, she served as chief of the public defender’s homicide task force. In 1990 she founded the Illinois Capital Resource Center and served as its director until joining the University of Michigan Law School faculty in 1995.” The statement added that, “In 2000, she joined DePaul’s faculty and is now the Associate Dean of Clinical Programs.”

 It’s funny I used President Obama as an example..5 degrees of separation is powerful.

Even the President of the US is not DP q under Florida Rule of Crim Pro 3.112.  (Unless there is a void, if it’s the president rule that supersedes the FS 3.112 rule.)

Posted by: finnperkins | May 26, 2009 at 06:49 PM (Hal TV Guy’s blog)

The dp qualified attorney can have a vitae to match President Obama,

but if he or she has not tried a case in the state of Florida, they do not qualify under Florida’s DPQA pre-requisite/law. [Florida Rule of Crim Pro 3.112](759 So.2d 610). Amended July 1, 2002 (820 So.2d 185); Oct. 8, 2008 (993 So.2d 501).

p.s. – I wonder what her nickname will be.

btw- WFTV does not waste time on trying to make Ms. Lyon’s day memorable. “WFTV’s headline -the new attorney …stay tune and see what we dug up on her and what you need to know!”

I bet this was a hard line for Kathi Belich to say -”Lyon has very impressive credentials” and “is said never to have lost a death-penalty case.”

Kathi Belich’s is saying an extra pray tonight, WFTV reporter states Ms. Lyon’s was added to the case but has yet to file the papers and to be approved by the court.  I do not think Judge Strickland will go out of his way to please Ms. Belich this week.

old comment I made regarding WFTV and their bent view of this case-

Casey maybe a liar, a cheat, even a poster child for a 5150 PSA, and last she may even be just an average 22-year-old slacker.

These trait do not add up to some one who could carry out not only the crime it’s self, but to leave no affirmative trace for FBI and local FDLE to confirm without the phrase tagged-

 

1.      Materials are too limited to fully characterize, they remain suitable for comparison  exam, should suspected sources be located. (Drugs test on hair)

2.      Accumulation of material from different sources collected into the trunk over a period. Because they are intimately mixed, no source of this material can be determined. (Trunk)

3.      Did not originate from crime scene (soil shovel and Casey’s shoes. all of them).

 

Just to list a few reason why this is not a slam-dunk for the state attorneys office (hello Mr. Ashton)…

jm2cents/Finn

…and behind door number 3 we have…? I think I’ll keep my dental appointment Thursday

“The defense team planned to introduce the death-qualified attorney at the hearing.”  ….WESH’s Bob Kealing 

Here is a response from a blogger.”  Hopefully will be another Bozo Baez!”

I found 32 references to Baez using the word BOZO.  I remember Bozo as a fun Clown who made me laugh, everyday on WFTV.  I even have to sit in on a show while I was a brownie scout.  Now my childhood clown is now forever connected to Jose’ Baez and Casey Anthony.

Do they think Jose is funny? Does Jose’ Baez have very large feet. 

Is it that Jose’ wear a bright blue outfit to work every day?  Does Jose’ have an over the top Crayola Red hair do?  [Something I have yet to witness]  I found after reading the 32 posts today that, the reason why they call Mr. Baez …”Bozo”,

1.    Because they may not know how to spell Baez correctly.

2.    Because he has a receding hairline.

3.    Because he is flatfooted.

4.    Because his name begins with the letter”B”.

 

When WFTV reminds us as viewers that Casey was watching their station, they forgot to also tell us, that the pods are not rigged with Dish Network, and unlike Casey who has TV is on WFTV, I get my News from Fox35 thank you…

In Print from Orlando Sentinel

The web from the WSJ on-line.

Oh, yes Radio is 104.1 

       Posted by: finnperkins | May 26, 2009 at 05:29 PM

 

Jose’ Morning according to YOU-

brush teeth,
kiss the wife,
hugs the kids,
grab the paper,
pick up the brief case,
find the car keys
…and oh, call Kathi Belich!  NOT.

 Jose’ Morning, according to Jose’-

brush teeth,
kiss the wife,
hugs the kids,
grab the paper,
pick up the brief case,
find the car keys
…and oh call ahead 511 for traffic report.

Hal what is the usual protocol for courthouse media?

imo- the media has knew from Jose’s own spokesperson that the attorney whom the team
has chosen would be released prior to the may 28th hearing date.

Posted by: finnperkins | May 26, 2009 at 06:32 PM

 

I would pose this question (but I know the answer already, but here is anyway.

Q-Did the jail staff move Casey into the same situation as they did on Dec. 11?

A-From my inside source, Casey was not moved from her cell to the same area on the day Padilla did his FALSE find dive.

Footnote-what a waste of funds on his part, but it is his money.

Posted by: finnperkins | May 26, 2009 at 05:37 PM

I fact, the Same jail CO said, Casey’s regular schedule time, to be in the regular open-population TV room while the others were outside.  The jail CO’ noticed the coverage, and that before the finds were announced, the CO sent Casey back to her Cell, without incident.

The info on the NON-Movement of Casey from Cell on the Day Padilla did his FALSE search, was from a Jail CO, who’s mother works at the salon where my mother’s stylist works,…na na na.  For real, a bunch of 80 year old ladies discuss this every Friday now. I call it “Updates from the Q-tips”

Posted by: finnperkins | May 26, 2009 at 05:53 PM

Comment Guide for anyone who is unsure of normal behavior…

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Blogs of the Day; May 9, 2009 top 10 Growing Blogs

Blogs of the Day

May 9, 2009: Growing Blogs

  1   I Smell Packets  Sometimes they stink…

  2   Simply Altered  creating something extraordinary out of the unexpected…..and a glimpse into my quest of a SIMPLE life

  3   fuzygenius Accidental Journalist

  4   RANDOM ACTS OF LEADERSHIP Everyday Leadership Through Everyday Actions 

  5   DM Dezigns blog Just another WordPress.com weblog 

  6   You already know who it is my rap is like a lazer beam…. 

  7   Jin and Juice Just another WordPress.com weblog 

  8   Conocerás la verdad y ella te hará libre… “No te tomes la vida tan enserio, al fin y al cabo  no  saldrás vivo de ella”

  9   Erensdh’s Weblog Cuma Berekspresi doang! 

10 That’s Mild Sauce Nothing MAJOR

the Cart before the Horse…you think? great article, just alittle a head of it’s time.

This is a response to Marinade Dave’s , the writer is awesome.I wish I was that good. My contention is that this post addressed the situation as if the write knew with out a doubt, not only what, how and when Caylee died, but he almost offers a reason why. Unlike many bloggers who have addressed this case, offered mostly copy/paste information from my local TV and newspaper (Orlando).  So although he flare/style of writing is admirable, the articles substance is tiring and redundant, and most of all tainted by local media influence.I know I will get the usual two or three bloggers who will insult me for my opinion, but remember as you read my post, I am not insulting the writer. I am offering my opinion.

[Marinade Dave’s ]Dave, Your writing wonderfully filled with the right words.  May ask if you were a fly in the car, or watching from the woods from a far?  

 Did you get to sit in on the Grand Jury [2], in which you are privy to information we have yet to read or see on the news?  That statement in it’s self it hard to believe since all the discovery documents [1], have been turned over to the defense, except for George’s suicide letter (unless it is a bootleg copy), and the yet to be released video of Casey on December 11, 2008. 

I admit, I am not a writer nor do I claim to be.  I am a resident of Orlando, and I do believe that your opinion is rightfully yours, therefore, please do not think I am saying you can not post this stuff, only that your placing the cart before the horse…meaning judgment before trial.

btw –

[1].which by the way is not required by law to be on the internet, only that it is available to be obtain at the clerk of the courts records department.

[2]. the Grand Jury had audio issues, see my other post.  Casey Anthony case: Microphones in courtroom left “ON” , allowing the news media to hear the grand jury’s secret proceedings