Caylee/Casey Anthony Case: Plea Sans Adjudication In Court Today
Orlando, FL– By this afternoon, we could see Casey Marie Anthony convicted of up to 13 felony counts in the fraud trial scheduled for today at 1:30PM EST. Live Link
Over the last week, the legal wranglings, sentencing hypotheticals and LexisNexis databases where burning up the skype accounts of all the legal analysts in Or Lawn Do. I experienced it first-hand as I was in town last week:It was palpable.
According to sources speaking on the condition of anonymity to blinkoncrime.com, the plea negotiations between the State and Jose Baez, defense counsel for Casey Anthony in this matter, broke down over the amount of felonies she would agree to plead to, and the matter of adjudication. WFTV analyst Bill Schaeffer does a nice job discussing the importance from a legal perspective, here.
The afternoon face off between Linda Drane Burdick, Jeff Ashton and the defense team for Casey Anthony is expected to seek Judge Stan Strickland’s ruling on her sentencing and the issue of withholding adjudication which is the anticipated position of her defense.
Simply stated, there is no basis given the known facts of the case to argue that Casey’s actions constituted a necessity, agreement from the wronged party or victim, or any as yet unknown to us allegations such as needing cash for the nanny or kidnapping ransom.
While the defense does have a strong argument to be made that Ms. Anthony is a first time offender and Judge Strickland has already indicated that he will treat her accordingly, I have a suggestion for the State.
I submit aquiring tacky white sunglasses through fraudulent, felonies means, using said stolen property to perpetuate further fraudulent activity, followed by wearing them to your attorney’s office after you have been arrested for same, constitutes a spree. Adjudicate at will.
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Too bad you aren’t still in Orlando. You could live blog from court!
Lol, maybe that’s why they rescheduled.
B
A spree!!! That’s great. Hope the judge sees this before court starts today.
Please, please I do not comment here ofter, yes I am a lurker – not a troll. I read here everyday. Please someone in plain simple ENGLISH what does adjudicate mean? Just plain english. Sorry.
My dear Blink!! You are simply the best. Put a big smile on my face with the adjudicate at will comment.
To Casey’s declaration for indigent status on her original arrest. Casey declared that she had ‘debts’ of arount 600 dollars. This was BEFORE she had her lawyer, just a few short hours though and some suspect Baez was already ‘on his way in’.
That would be a smart move, knowing she stole about 600 dollars, give or take, from Amy and that she was going to be caught on camera more than least once during the spree, and caught on camera with the goods while committing the deeds.
Now Baez can argue that Casey recognized the cheques as borrowed the money, and that the 600 dollars Casey claimed on her indigent status form, was well advised legal advice from ‘someone’. The 600 dollar ‘debt’ on the court records, now Casey can claim she put that there because she knew she owed Amy the money as a debt. And this record proves it.
Also, if the judge hears this today, in the defense arguments, he can consider that Casey did a foolish thing and that she recognized the ‘debt’ from the very beginning. Baez may have already advised this sneaky little move, just as he would appear as her lawyer within hours. But had he already agreed, and was this indigent form his first bit of advice?
Adjudicate:
To hear and settle (a case) by judicial procedure.
Blink
How about prior bad acts? Not a conviction, but Shirley Peasa (sp?) clearly stated that Casey Anthony stole money from her: apples to apples vs. the Roy Kronk situation where the defense wants prior bad acts in where what was asserted about Kronk didn’t even include perpetration of a crime on a toddler? Plus they are only allegations. With Casey and the Peasas there is proof that she used check acct info to route money to herself, even if it wasn’t prosecuted.
You cant introduce an allegation as a prior bad act if someone has not been charged with and convicted ( here we go with the pled/adjudicated issue again). I have been told that Ms. Plesea asked that charges not be filed against Casey in that issue, fwiw.
Kronk is not charged with anything, hth does the defense expect to get in half of what they are alleging??
B
Annie, I’ve been confused on that too, even though I’ve heard all of Bill Schaeffer’s videos on the topic. I think, simply put, adjudication is the judgement of guilt of a crime that will make someone a convicted felon. The judge can withhold adjudication (this is where I’m confused– withhold for how long, murder trial over?) and accept a plea of guilt on any or all charges and we know, Casey has lots of charges.
If the judge says first time offender, Casey didn’t understand that Amy really didn’t let her borrow her car and everything in it, the only thing she did wrong, was make bad judgements because it’s still a crime to use someone else’s identity, etc, then he might decide that Casey is ‘truly’ sorry for stealing and now she’s done a year and a half in jail, why give the young nice smile darling a criminal record that will affect her future?
I also hope that Amy attends today, we rarely see the victim, or hear of the victims in this crime from inside the courthouse, but when we do, it does so help put things in perspective.
If Amy has to be there for sentencing and adjudication is withheld, will there be a sentencing at all, ever? Won’t this be Amy’s chance to take her place in the courtroom and show Judge Strickland, and ‘we the people’ that she is still here awaiting justice?
thanks, Anon. But how does ‘withholding’ actually ‘settle’ anything? That’s the confusing part– how long can an adjudication be withheld? Until after the criminal trial? Until after all appeals? Is there a time limit?
Kleat #6 Thats a good point ,it would be a a little sneaky move,I hope the judge knows whos and whats in both sides bags come the summer ,is this a collective nervous knot in my stomach?
I wish all the money she stole before amy would come up she stole so much from her family grandman her mother Sweet Caylee George and was never ever held accountable..being convicted on these charges will make up for everything she should have been called out on and held responsible for before she stole amy’s checks, I know the murder of sweet Caylee means so much more, but this woman needs to have some darn accountability about stealing people’s money, she should be convicted on her past alone!
Kleat @10
From what I can find, withholding adjudication is a settlement and it stays unless the defendant gets in further trouble. I don’t see Judge Strickland withholding adjudication today but we will find out soon I hope. Maybe the quote below will help the understanding.
“For the benefit of those of you who haven’t thought about criminal law since law school, Florida judges have a special authority vested upon them to “withhold adjudication” in a criminal matter pursuant to F.S. [section]948.01. The statute provides the court with the ability to withhold adjudication after the imposition of a probation sentence without imposing upon the defendant a conviction and the collateral consequences that accompany a conviction. (1) This judicial election can have far-reaching implications not only in the criminal arena, but also in civil matters.”
http://www.encyclopedia.com/doc/1G1-176903085.html
watching it now
jose baez stumbling all over his inept self
moma didnt bring her any new clothes that blue shirt she is wearing is something shes worn many times before.lol and baez is not able to even talk in full sentences most jabbering.
omg and andrea lyons hair is horrible it looks like shredded wheat!!! it has no style you can see her Grey roots hair coming out, surely she can afford a new hairdo for goodness sake why cant she fix herself up shes to old to wear her hair like that. sloppy sloopy as sloppy as their mispelled motions.
chica my friend, please refrain from the appearance critique.
B
ughh judge was gonna sentence her and HLN has to go to commercial.
She’s a felon!
LOL-@ Blink——>I submit aquiring tacky white sunglasses through fraudulent, felonies means, using said stolen property to perpetuate further fraudulent activity, followed by wearing them to your attorney’s office after you have been arrested for same, constitutes a spree. Adjudicate at will.
=)
Blink—do you know how long an adjudication can be withheld? This is so important to as to how Strickland makes his decision today.
how the hell can this be? how do the anthonys always slide easily thru everything they do. I dont like judge strickland sorry but he just isnt being fair to amy! where is her right to get justice?
BLINK
OK I will refrain sorry but this boils my blood!! forgive!! anger does weird things to me sitting here in front of this keyboard pounding away.
just not fair to amy
HALEY
YOUR NOT ALONE!
I have the same nervous knot in my stomach. toooooo on the edge of my seat.
I heard 7 felonies and 6 withhold adjudications. Is that what you’alll heard?
Looks like Cindy bolted from the courtroom again.
What is it that Baez wants that Oak Ridge Lab isn’t releasing?
is she a convicted felon now?
Blink — did you hear? Not all latent print data from FBI has NOT been turned over –
Heh heh.
Yep.
B
Chica — yes, times 6
blink
do you think that when trial starts!
cindy will be able to bolt out of court like she always does. that is rude and disrupting especialy once the trial gets under way.please your thoughts?
Bring on the prints!
Stan did a good job today. Clearly a victory for Lady Justice.
(Baez sure pushes his buttons, though. Heh, heh.)
I was was thinking what am I in Italy? get on with it, then I those magic words (latent print data) hit me.
Ashton didn’t say the State doesn’t have the prints. Maybe they don’t, but I’ll bet they’ve seen them!
They wouldn’t want to be in a position where the Defense could prove they were withholding Discovery.
Please tell me if I got this right. She’s now a convicted felon (6 times) but got “time served” for those felonies. So, there will be no more time in jail for any of these 6 crimes. Right?
I don’t think the defense wanted him to come out in the open and bring up the latent print data LOL!!!!
was watching when kc entered the courtroom, and she was smiling, it looked like Mr Baez got angry that she was acting all happy and she said “sorry I am excited”
Did anyone else see it like this? I am thinking this girl thinks its all a game and if the murder trial actually happens, she will insist on testifying against Mr Baez advice.
marlene
thanks sosad
thanks a good thing right? I am kinda confused as to what realy happened. was this a win for the defense? or the prosecution or both. does anyone have the video clip of cindy bolting out of court.
Blink,
I’m a little confused and am hoping you can clear some thing up.. If Baez is only saying that Roy Cronk should of been looked at as a suspect. Couldn’t the state just say there is no evidence of him being the one who took Caylee. I’m worried about this angry ex wife.. Also, I think I heard a couple of times that the FBI hasn’t turned over all latent prints.. That must mean there is someone’s prints on something….Are we going to be surprised as to who those prints belong to ? Why so much focus on Kronk.. Will we find out on Feb 1st?
Blink…latent prints wondering hmmmmmmmmmmmmm maybe our girls is right………waiting………..
Yep
B
I’m confused, too. I totally missed Cindy leaving the courtroom. What was being discussed at the time? Also, did you see her look at George and say “I love you”. It was as if she knew exactly when that camera was on her. There was also no gum-chewing today.
Blink- Help. By when, exactly, does the State have to show all the evidence to Jose, et al? My understanding is they have up till 2 weeks before date…
No, that’s what they are deciding, a reasonable trial schedule.
B
I didn’t see Cindy leave, but if she did, she came back because she was there at the end.
It would be a real aberration if the Kerley tape, depo, whatever would be let in. It could just as easily boomerang on the Defense, depending on how he rules…
Straws, straws, there must be more straws…
ChicagoJudy:
She’s served her time for the felonies but there’s still the probation problems to deal with. If she would get out and violate a probation order, she could get more jail time because of the violations.
chica:
I didn’t see Cindy bolt out of the courtroom. I just saw her seat was empty when they panned the courtroom once. That was before the end of the hearing.
IMO this is a huge win for the prosecution! YeeHaa!
So now that this is out of the way, how far behind are M & M and ZFG?
I know I asked this before but I was reading up on Kronk today and again don’t understand…help me out if you can, why is it that the defense can in a round about way point the finger at RK and it not be defamation(?)as it was with ZFG?
Is there video footage anywhere of any interviews after court this afternoon? I just looked at wftv.com but didn’t see anything. tia
I agree. It was a great day for Caylee.
Am I wrong to say that the defense CANNOT accuse Kronk of the murder because Casey swore at least twice that it was Zanny who took Caylee? Right at the beginning they asked her if she wanted to change her story and what did she say? “I’m sticking with this. This is the true story.” They’re not going to give her another chance I don’t think. Isn’t the best they can hope to do with Kronk is cast doubt, contaminate potential jury etc.?
#40 ChicagoJudy,
I saw that too!
First George handed her a kleenex and she said thank-you. Then she looked back at him and said “I love you”. But, what I found interesting was that George didn’t reply back just looked down. Cindy didn’t get a “I love you back” and glanced at him quick—-maybe hurt or surprised.