Caylee/Casey Anthony Case: Will a Conviction in Fraud Case Hemorrage the Defense Fund?
Disclaimer– exclusive original content copyright and property of Internet Network News, LLC and Blinkoncrime.com. Reproduction of this article in whole or in part without proper attribution and source link is strictly prohibited without prior written permission.
Orlando, FL– Since the State Attorney’s office filed their motion to proceed in the forgery, theft and fraud case against her, I have been positive this legal maneuver was the equivalent of bringing a bazooka to a thumb wrestling match.
Doesn’t it appear that that bell just re-rung when the motion to proceed to trial on the economic crimes was granted?
Casey Anthony is facing 13 felony charges of forgery, petty theft and ID theft; to be scheduled for trial in the near future per Stan Strickland’s remarks in his motion response.
The ripple effect most consider “chump change” when weighing the murder indictment and possible death penalty conviction; I disagree.
The outcome of her economic charges trial may very well seal the fate of the murderl trial. Precisely the resounding defense’s worst nightmare for a bevy of reasons.
Son of Sam Law
Florida Statute 944.512
944.512 State lien on proceeds from literary or other type of account of crime for which convicted.
–
(1) A lien prior in dignity to all others shall exist in favor of the state upon royalties, commissions, proceeds of sale, or any other thing of value payable to or accruing to a convicted felon or a person on her or his behalf, including any person to whom the proceeds may be transferred or assigned by gift or otherwise, from any literary, cinematic, or other account of the crime for which she or he was convicted. A conviction shall be defined as a guilty verdict by a jury or judge, or a guilty or nolo contendere plea by the defendant, regardless of adjudication of guilt. The lien shall attach at the time of the conviction in county or circuit court. In the event of an appeal, the funds will be held in the Revolving Escrow Trust Fund of the Department of Legal Affairs until the appeal is resolved.
Sweet Mary. Regardless of how the court arrives at “guilty”, the second she is, the State can slap a lien on her “ASSets” . It does not matter who they may have been transferred to ( George, Cindy, Lee, Jose).
The beauty is, the State already knows what they are looking for based on the in-camera portion of the State’s motion for Judge StricKland to review the possibility of a conflict of interest. You remember the one– where Jose Baez got the side bar lashing at it’s conclusion and Jeff Ashton was telepathically repeating “Wipe that smarmy smug off your mug” to Jose Baez.
Casey Anthony would only be entitled to what her “account” of the crime would have been worth PRIOR to her criminal act/ conviction. As she was really only known to the Club Scene and Target, good luck with that.
So, now your saying- well how does the State extrapolate the profit from the convictions PRIOR to the murder trial? You Can’t!
Not really, especially if you factor if one is “in the commission of” concealing the other. The State will be in a serious strength position to freeze Casey Anthony’s cash and the defense will be off like a prom dress.
George and Cindy Anthony Take The Stand
This for me, is the single biggest blow to the capital case against Casey. I have long stated I believe the defense is going to attempt the “confuse the jury of the guilty party” defense. Not new, not original, but in my opinion, in this case, prudent. The Anthony’s have no objection of course as they have a shot at getting their daughter out of prison and can keep their multiple income channels open.
The first salvo will be Casey, through Baez, releases a statement, or in his opening remarks will point the finger at George, Cindy or both.
Voilla! They plead the fifth and get out of testifying against their daughter.
Not going to happen. In order for that to work, the Anthony’s will have to get out of testifying in the economics case, and since she was stealing from them regularly and they have no fear of prosecution for themselves in those matters, THEY TAKE THE STAND. We already know the economic charges are the linchpin for the defense (follow the script) as to Casey’s fear, and why she did not report her child missing for 31 days.
Therefore, the Anthony’s will not be able to pick and choose what they testify to. They go on record in one, they go in both.
The Plea in PLEASE
Lastly, we have Casey Anthony going into a capital murder trial with a felony(s) conviction. There is little doubt it will be intoduced under the prior bad acts rule. Even if Jose Baez were able to advise Casey to proffer a plea, she is still a convicted felon and that sentencing comes first and limits the prosecution and his Honor Stan Strickland as to what sentencing guidelines must be used.
Zero doubt it will not come up from witnesses to the question– What did Cindy Anthony say to you the first time you met her in person?
You see where I am going with that.
It is this editors opinion, Amy Huizenga is my new R U D Y.
Related Posts
Related Posts:
280 Comments
RSS feed for comments on this post. TrackBack URI
Blink– I don’t know what to make of this– that is, is this literally EVERY document received by the state so far and would they be in possession of EVERYTHING from the labs now?
If this is as it seems, things are ramping up in a whole big hurry– crunch time by the new year– once all this discovery is ‘in’, then as Bill Schaefer implied, that would be the right time for a plea discussion and not before.
http://www.wftv.com/news/21218784/detail.html
“MORE DOCS EXPECTED TO BE RELEASED”
“Also this week, the state is expected to release more documents in the case.
Eyewitness News has learned they are releasing every document the state has received to date. That’s a total of 10,400 pages.”
That is a bit of an illusory comment. The suspect already knows what the discovery will say, so I dont agree with the “wait” philosophy, however, i do belive as I just posted the fraud/forgery trial changes everything
B
Oh my word – Blick on steroids…I can’t keep up with you! I read it once, but I’m not sure I digested it. Just wanted to comment on those speedy fingers!
O Jerseyian Oracle..
I boweth to your ownership of all things I would never have seen coming in this case. You are like my cosmic boomerang whom I sometimes loathe because your smarter, prettier and faster.
Dammit. People Like you.
All Hail the Bionic Blink Biopic!
ps, that is a copyrighted title so step off.
Woot Woot!
I spit my diet coke out, ass.
B
Blink,
Wow…hats off to you again.
You are really coming out with rapid fire style.
I better go get more hats.
You are one smart lady with a heart of gold for the little one.
Ty. I saw a chink the armor.
B
Blink, are you referring to Cindy’s statement to Amy about the cash that went missing that was, in Amy’s words to investigator Eric Edwards: “No honey that money’s gone. You’ll never see it again.” ?
(ref’g the 400 dollars cash that went missing on the 2nd that Casey made up a story about Amy sleepwalking and losing her own money)
Yep, and her first words to TonE Lazz… “I hope your rich…cause..”
B
Blink, I’m working on the digestion now. On the Son of Sam law, how does that affect the licensing fees paid so far on the photos, etc. Or are you saying that everything will screech to a halt at the moment of verdict?
Comes to halt at verdict, and if her assets exceed the worth of the account prior to the crime/conviction, that gets seized and dispursed. Is it legal wrangling? Absolutely.
The net effect as well is news outlets may stop these payouts if they realize that can get them into trouble after the fact.
B
Woa. . . I am clearly not keeping up!
Can a public defender fit into the prom dress? And can she or he take the experts entourage along with, all at states expense?
Blink– this is brilliant– I bet you were lacing and tying your own double, inter- laced figure skates at 9 mos old (knitted booties with full bow at 6 mos)! Amazing neat little tied up package you have presented here! I wasn’t expecting this today!!
(I’m still reading, re-reading… takes me awhile…)
Great Writings Blink…I agree about the fraud charges..they make her a felon and the LAW CHANGES!!! Would add one huge strike to her murder trial…Justice for Caylee!
WOW, this all coming in rapid fire form. Guess I shouldn’t ever tell Blink to step it up. Have to reread to digest and analyze. Thanks B.
Under the Son of Sam rule, the Anthonys can still accept funds. They can not, however, give any to Casey or her defense. At least that’s how I’m reading this.
Yes, Tony and Amy both– same evening meeting Cindy.
Tony invited Cindy to come in and she came in and says to Tony, “I hope you’re rich because Casey’s going to take all your money and leave you high and dry.”
“…and then Casey said, “Shut-Up” and they stormed outside.
“Not really, especially if you factor if one is “in the commission of” concealing the other. The State will be in a serious strength position to freeze Casey Anthony’s cash and the defense will be off like a prom dress.”
Not necessarily Blink, Baez or any of the others can still play pro bono, but decide to write their own books when all is said and done, and they no longer represent her. No profit to Casey, no problem, right?
Yes, that is true, unless he has agreements that preclude him from doing so.
B
(and roomie Nathan was there and heard Cindy say this too)
That chink in the armour could be strategically positioned for a quick kill, if not a slow but sure bleed.
Hey, if things proceed quickly and smoothly, all going well, the Anthony’s could be spending Christmas day visiting Casey behind bars, knowing that she is ‘safe’ and snuggly tucked into her LWOP general pop cell and eating her gruel each morning for the rest of her life.
#12 You know Blink
If he told a straight forward honest story, it might be really interesting.
Especially if he addressed the MANY hours the client spent in the office!
I think that qualifies as an oxymoron. And an extra moron.
Ba Dum bump
B
I just read this on another site that the defense also want a copy of George’s statement to the Grand Jury. Judge says no.
Can anyone tell me why?
POSTED: Tuesday, October 6, 2009
UPDATED: 6:41 pm EDT October 6, 2009
Caylee Marie Anthony.
ORLANDO, Fla. — Prosecutors in the Casey Anthony murder case will get a transcript of her father’s testimony before a grand jury, a judge ruled on Tuesday.
George Anthony testified before a grand jury last October, and Casey Anthony was later arrested on murder charges in the death of her daughter, Caylee.
Prosecutors said they want to compare George Anthony’s grand jury testimony to a deposition he gave to see if there are any contradictions.
Casey Anthony’s defense also wants a copy of George Anthony’s grand jury testimony, but Orange County Circuit Judge Stan Strickland said only the state will get a transcript of the secret proceedings for now.
Casey Anthony, 23, remains jailed on first-degree murder charges in the death of Caylee, whose remains were discovered in December. Casey Anthony pleaded not guilty, and has claimed that a baby sitter kidnapped her daughter.
Wow awesome story! I think I know two people who will be looking for jobs in the near future.
Do you think that Shirley Peasa (sp?) will be called to the stand? I feel sorry for the elderly to be put under so much stress, but she does have a background story even though it doesn’t directly relate to the financial charges. Or is her testimony too prejudicial?
For her sake, doubtful, for our sake as long as she was up to it, I would love to see the contrast between her and Cindy.
B
#17 Thanks Joan, you amswered my question from the prior thread.
#16 Blink-(LMAO) But I knew that one would get you going!
answered..correction
This is from the Orlando Sentinel. Apparently Baez and Lyon added an
addendum to their motion and Casey did sign some forms. Please read and let me know if this means there could be a plea in the future.
Late today, Casey Anthony’s defense team filed an addendum to its motion to dismiss the first-degree murder and aggravated child abuse charges against her. The state had called the defense’s initial motion “legally flawed.”
Her attorneys Jose Baez and Andrea Lyon point out again that Caylee’s “cause of death is not known and that the prosecution’s evidence cannot satisfy the elements of first-degree murder.”
They said their motion is based on law enforcement lab results and the Orange County Medical Examiner and Casey Anthony “cannot legally swear” to their findings.
But Casey Anthony did sign a document, swearing to two statements:
“I did not report my daughter missing until my mother called on July 15, 2008.”
“I did tell law enforcement that I had dropped off my child with a person named Zenaida Fernandez Gonzalez when questioned by law enforcement.”
#18-kp-in
The Anthonys could still collect money for all things Caylee, etc provided they do not share those earnings with Casey.
Actually upon reading this clearer, I think that Casey can still make money off of Caylee type stuff. The law says that you can not make money off of the crime THAT YOU ARE CONVICTED OF….Therefore, Casey could not profit off of any stories, photos, yadda yadda attached to the financial crimes. Since she won’t be convicted of the murder charge (at that point or ever), anything related to Caylee, etc, may still be okay. Different conviction, different crime?….Silver????
“A lien prior in dignity to all others shall exist in favor of the state upon royalties, commissions, proceeds of sale, or any other thing of value payable to or accruing to a convicted felon or a person on her or his behalf, including any person to whom the proceeds may be transferred or assigned by gift or otherwise, from any literary, cinematic, or other account of the crime for which she or he was convicted”
Hmmm. But isn’t this key: “…or other account of the crime for which she or he was convicted”?
As far as I know, no one is interested in her fraud trial. There will be no books or movies about it. It’s the murder that’s juicy. So how does that work?
#22 Joan
“But Casey Anthony did sign a document, swearing to two statements:
“I did not report my daughter missing until my mother called on July 15, 2008.”
“I did tell law enforcement that I had dropped off my child with a person named Zenaida Fernandez Gonzalez when questioned by law enforcement.”
Well, at least this time, she didn’t write something stupid about the prosecution trying to trick her into a plea. Those statements are factual, but they do not promote innocence nor admit to guilt.
LMAO!!! God I Love this site!
[...] Read the rest at Blink on Crime: Share This [...]
Okay, now I am going to feel like johnny-jackass for talking this through, so please forgive me. How are the economic charges connected to Casey not reporting Caylee missing for a month? Is it because she is on target’s video surveilance, along with the date that coincides with the timeframe Caylee was missing, and she was conducting her own search?……Please go easy with my unorthodox naivity
I’m thinking she’ll change her plea to guilty to the fraud charges.
Cant see any way out of a guilty verdict now that Baez paid back Bank of America. And the penalty is usually heftier when the defendant pleads innocence. Makes no sense to contest such a slam dunk case now we know it’s sure to come before the murder trial.
Just a little bit of interesting info here –the book coming out this fall states that Cindy was known as “the Princess” within the family. Why doesn’t that surprise me?
http://www.orlandosentinel.com/news/local/breakingnews/orl-casey-book-review,0,2058575.column
Blink, although I know grand jury testimonies are sealed, in your best educated-guess, what do you think was the general talking point from George?
# 28
Todd that filing was related to the murder charge.
Oh, Blink..we researched and burned the midnight oil in hopes of the Caylee ATM being shut down for the A’s. I say this is perfect..even better then we had hoped on the follow the money trail. Now we wait.
As far as Casey goes..no change in feelings..no hope..they have her dead to wrong.
George being pushed into the center stage with his antics and lies..we knew that was coming from the defense..so did the prosecution. Bully for the prosecution that they jumped on George before the defense could use him in a different spin.
As far as Cindy goes..well..one nut case deserves another..count your blessings Cindy ..you’re next. We and the prosecution have your little details that don’t jive in scheme.
Night everyone..and sweet dreams.
That we did, DD, our team and we.
Nite sweet friend
B
Could someone explain the significance of the two statements of Casey’s added to the motion? They are both factual, but why bother?
One would think that Baez, in light of the overwhelming evidence, would be a bit more of an aggressive approach in being honest with Crasey into laying out that she is almost a guarantee conviction. It should be very telling to Baez and the defense team that Crasey is the only suspect
Interesting…
It’s my understanding that once convicted the Son of Sam law can only be applied to monies made from interviews or whatnot pertaining to the financial conviction, not the murder trial b/c she hasn’t been convicted(yet)for killing Caylee and it would only apply to Casey. It does not include Cindy,George or Lee, and unfortunately they can ‘profit’ from interviews.
If the money does ‘dry up’ that doesn’t necessarily mean JB is off the case..she’ll just claim she’s indigent (which she is and her parents are not obligated to pay) and ask the state of Florida to pay for her defense. Taking JB off the case would only delay the trial, and no one wants that to happen.
JB or any other attorney working for Casey can’t write a book about this case (ever) unless Casey waives her A/C privilege and I just don’t see that happening. Even if she dies the A/C privilege still exists.
Respectfully Peggy, your thoughts on the application of the SOS law are oversimplistic, imo.
Also, whether or not they apply to the Anthony’s may be indicative of how said monies are dispursed. This is a highly complex situation, and wrought with possibililities. I respect your slant of protagonist, but your making a ton os assumptions.
For instance, to say Casey could all of a sudden claim indigence, would require disclosure of her situation previous to that, and nobody is going to let happen, imo.
B
19 WESTSIDE AND BLINK
I HAVE OFTEN WONDERED IF SHIRLEY PLASEA WILL BE CALLED TO TESTIFY ALSO IT MY MEMORY SERVES ME CORRECT!! RICK PLASEA ALSO WAS QUESTIONED AND HE CAN CONTRIBUTE TO THE FAMILIES DYNAMIC GIVES US INSIGHT . BUT YOUR BOTH RIGHT TO SEE THE CONTRAST BETWEEN CINDY AND HER MOM WOULD BE VERY INTERESTING.
Jumping threads here, but I just wanted to comment on the speculation of duct tape on the windows during hurricanes. I live in Orlando.
The last real threat we had with hurricanes was in 2004 prior to when this duct tape was produced. There were no hurricane threats in Orlando in the 20+ years I’ve lived here before 2004 and none since them that were of any consequence. But in 2004 we had 3 within a 6 week period. It was a mess, for 6 weeks we were either under hurricane watch, hunkered down through the fringes of a hurricane or cleaning up from a hurricane. Lots of debris, trees down, damaged roofs, etc. and an emotionally and physically draining time.
I digress –back to the duct tape. It is highly unlikely that the A’s would have used duct tape at any time on the windows. Unless it is a very, very severe storm, and coming right at us, nothing is put on the windows. Those that mistakingly think it will help usually use a medium to heavy duty masking tape — the purpose — to help hold the glass in place if it breaks. And then it is taken off immediately after the storm because the residue sticks and is a huge pain to get off. Learned this from experience. Duct tape is so very sticky and would leave a residue that would have to be scraped off or removed with some sort of chemical application.
If the winds are so strong that you think the windows might shatter, you’ve really got a lot more to worry about than the windows and best bet is you have hurricane shutters (not many around here have them – I’ve only seen a few) or you seriously think about evacuating away from the storm.
My thoughts on what happened to the duct tape. If there is no match to tape from the home (I’m not clear on this) — I think that the rest of roll was used up hanging the posters around town. I remember seeing one in my grocery store hung with duct tape and also every medium to large store around it, and I’m a good 10 miles from where the A’s live. The posters were everywhere you went. Sorry for the ramble ……Just my thoughts.
I was not going to buy this book because I wasnt sure how much she the author knew about the families dynamics but now that I know Rick plasea gave information to the author !! well that makes the cheese more binding
Blink and Kleat….I want to thank you both separately for everything you do for me/us. I probably get on your last nerve asking, re-asking and generally asking a third time until I get it..
Blink. thank you for absolutely everything you have done. Every post, every answer, every definition, every push in the right direction get you to think answer.
Kleat, thank you for your in depth answers, your articles, your insight and explainations and taking the time both of your put into typing it all into a way we can understand.
I don’t want this to sound sappy, I hope you kind of know what I am trying to say to you both.
If George,an Cindy are found guilty.Will they also have to forfit all moneys coming from any thing to do with Caylees death??? Even if it is Perjury misdameaner charges? An do you think state will come against Parents for tampering,when moving ,or cleaning things in Caseys car.?? Will charges be brought against Cindy for withholding the hair brush,belonging only to Caylee? I would love to here your anwsers Deb57
# 17
Grand jury testimony are secret.
I never understood why they asked for the grand jury testimony…George is NOT on trial and they have his statements to police/FBI and a dozen or so public interviews to find something that contradicts his testimony in the ZG depositions. If they want to impeach him on the stand..that’s fine, they have several ways to do that without using the GJ testimony.
325 WSH, I believe I read that in order to go with a plea she would have to have in writing some statement as to the facts of the case. Could be wrong as I have done some much reading this weak.
Do you that by entering these statements in their motion that they are trying to get a deal. If not, why add them in.
Does she have to confess to killing Casey in order for the plea deal to come into play.
Thanks for your patience and your answer in advance. You guys just wow me.
Tampering or obstruction charges could be difficult b/c the best witness against George would be Cindy and vice versa but both will claim spousal privilege, neither can be forced to testify against each other.
Good thought but I can think of another possibility. Dominick Casey. Possibly others. Your assuming that the two of them would be the only 2 “in the know..”
Also, in the state of Florida, spousal privelege does not extend in the interest of crimes against a child, may be a gray area there.
B
#42, Peggy, I seem to recall Blink stating that LDB questioned very purposefully at the latest hearing. I would suppose there’s a clue in there for us to go back and review the line of questioning to see where the state is headed with this. I vaguely remember questions regarding a meeting with the Padillas and what George understood their roll to be…need to look up that video again.
Blink,
More excellent educating posts. Thank You so much. This is Awesome. Makes so much sense. Things are not looking good for the “princess” are they? for that matter, looks like the “gravy train” just may be coming to a screeching halt in all directions. No wonder JB appears to be doing a 180. You once again, “Made my Day”
Renee57, Casey can still say, look, I borrowed the money from Amy without asking, but the whole thing was a misunderstanding, I always intended to pay it back, and look, I’ve even paid it back in good faith.
Blink
I am a little confused on some discussion comments regarding, from your article, the following, in particular the first sentence:
“Not really, especially if you factor if one is “in the commission of” concealing the other. The State will be in a serious strength position to freeze Casey Anthony’s cash and the defense will be off like a prom dress.”
Blink, could you clarify that in the first sentence you are referencing the 2 different criminal cases, not the witnesses?
Thank you.
If Casey’s stealing efforts were an effort to conceal a murder, she’s got problems
B
Joan, George gave the GJ testimony for the GJ that the state called and then he’s switched sides, his testimony appears to contradict itself on the material facts (IIRC that’s how it was worded). George knows what he was asked and what he answered, so therefore, if he’s part of the joint defense team as made clear in the last court proceeding with Ms. Tennis, George, as the state speculates, share his testimony with the defense. They know already.
The prosecution had specific arguments for the release of a transcript for the purposes outlined, so what right would the defense have to that document– it’s about George and his testimony and possible perjury, not about sharing info with the defense.
(not sure if this is right, but seems to make sense– where is Silver?!?! )
Silver is in her own Anthony Case, lol, figuratively speaking.
B
SOS: brilliant deduction, Blink. Obviously, the state has had this card in mind to be played all along – for exactly the right reasons. And like the “fruit of the poisoned tree” … everything emanates from Casey killing Caylee. And everything can be connected to THAT — the shopping, spending, fraud, stealing, partying, sex-capades … all that bad behavior was Casey trying to cover-up and forget her heinous crime.
Bozo’s livelihood won’t be affected to the extent HE wouldn’t be prevented from writing a book on this sad saga — or TV movie deal.
But the Ants, being direct family members should be prevented from EARNING off the tragedy THEY HELPED CREATE.
If Cindy hadn’t spoiled Casey her entire life, and tried to assume the “mother” role over Caylee (which drove Casey nuts) … Casey might not have snapped and killed her own child. Casey felt her entire WORLD was being threatened –she had been ENABLED and coddled for so long … all that was about to go away (thanks to Cindy). HOW can the Ants expect to keep being BANK-ROLLED by their daughter’s heinous crime?
The State very wisely laid LOW on all this — knowing the fraud/theft convictions were sure fire SLAM DUNKS that would kick-in SOS laws and put a halt to all this PROFITEERING off poor little Caylee. The fact the Ants REFUSE to see themselves as the GOLD-DIGGING GRAVE-robbers THEY are … living off their grand daughter — IS ALSO WHY so many people HATE THEM and their total hypocrisy.
Now that George’s grand jury testimony is (also) about to be revealed and used by the State to SINK HIM — ALL his inconsistencies and outright lies will be laid bare. HIS CRIMES (as well as Cindy’s) and THEIR perjury, obstruction of justice, etc will ALSO invoke the Son of Sam laws AGAINST THEM.
This SOS realization (thanks, Blink) … alone is worth the months of agony every Caylee supporter has been forced to endure at the hands of this (especially egregious) lecherous narcissistic and greedy FAMILY. Had they ALL NOT been the (kind of) people THEY ARE — Caylee might still be alive (or have been lucky enough to be BORN TO SOMEBODY OTHER THAN Casey Anthony).