Caylee/Casey Anthony Trial: Perry Plan In Effect Prosecution Takes A Hit-”Not Race Neutral” Defense Strikes Dwindle
“Never Forget Almost Every Case is Won Or Lost When The Jury Is Sworn”
Clarence Darrow
Clearwater, FL- This Morning, the 8th day of jury selection Linda Drane Burdick, prosecuting attorney for the State v. Casey Anthony, renewed her argument to use their peremptory challenge to strike a female African American for cause, that she could not “judge others” for religious reasons.
Chief Judge Perry required Burdick to read back the transcript of the Vior Dire exchange, and held the state to task for the “brief questioning” of this juror as compared to the first juror, of over 3 hours. What he neglected to remember, was that immediately after that juror, the judge rebuked both sides that if this was going to take this long, he was going to speed them up whether they liked it or not.
Again, limited the vior dire questioning time for either the prosecution or defense is a reversible error. While the judge did not limit either side, the message was clear.
Attorney for the defense, Jose Baez, objected both procedurally and on the grounds he would wish to receive transcripts of other jurors questionings to respond. Translation: Rule my way or the cans of worms this is going to open will be gushing out the doors of this cavernous courtroom.
It did not even get that far.
Judge Perry decided to let his earlier ruling stand: The State did NOT provide the court with a “Race Neutral” reason for cause, and therefore would not be permitted to utilize it’s peremptory challenge, as to do so would be “discriminatory” and against the Florida Supreme Court .
Here is the problem- Can we say that under Melbourne- a true inquiry or finding as to the reasonableness and GENUINENESS of the State’s motive for wanting to strike the juror for race neutral reasons occurred?
Melbourne Excerpt
No way. A window to how this does not stack up, was Jeff Ashton’s last comment on the matter immediately following Judge Perry’s original ruling.
” .. Does the court not believe the state’s reasoning..?”
-Jeff Ashton
This juror was not the only African American on the panel, not the only woman, and at no time did Judge Perry say why the court did not believe the reasonable basis for the challenge was not racially neutral.
This is in contradiction to Melbourne, Murray, and Tillman v. State of Florida.
According to Judge Perry, he believed this juror’s original comments about an inability to be judging were “rehabilitated” during further exploration during the Vior Dire and said he will not be hearing any further objections as to cause. Mark my words, if there is a conviction in this case, we have just potentially seen the first reversible error.
By the afternoon, after calling back the 11 that have been retained, Judge Perry announced that he will be swearing them in as soon as they hit the magic dozen, and no further backstrikes will be permitted.
Jose Baez offered an objection to the way the Judge was conducting the Vior Dire in the first place, citing his crystal ball cannot see whether or not he may want to strike any of the ” nearly empaneled” jurors without getting through all the potentials and does not want them “selected”.
Judge Perry followed what I will call the lenta spicula rule advising him they have had ample time to raise the issue, DENIED.
After some accidental “hot” microphone activity, Judge Perry leaves the courtroom to speak to the “first 11″, presumably sending them home, “Perry Style.” They are due to report tomorrow at 1 PM.
Another straight day of jury selection, the count of retained jurors that have not been stricken, but MAY be subject to backstrikes from either side tomorrow, is 11. I can actually now smell the 8th coat of virtual beige paint I have been watching dry. (blink ignores twitch in her right eye)
On the day originally slated to begin opening arguments in the trial, Casey’s parents had a “beginning” of their own.
Mark Lippman, attorney for George and Cindy Anthony, announced they are going to file to trademark Caylee’s name, and the phrase “Justice for Caylee”. The above image was captured after Casey read a note written to her by Ann Finell, one of Casey Anthony’s defense counsel, potentially giving her the news, and occurred moments after appearing on The Orlando Sentinel.
Over and Under says the opening arguments begin Monday May 23rd.
Image Credit: Scaredmonkeys.net forum poster Brandi
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those anthony’s need to make money somehow cause they sure do not want to work so they will make if off this poor poor child…what a sin
and the defense team has made a sham of justice in this country
I just pray we get justice for caylee. I dont understand JP sometimes.
This is the first time that I think Judge Perry has made a serious mistake. He was at that point trying to get them to hurry it a long. The state, knew as soon as she said that because of religion and her personal views she could not judge people. The defense did everything they could to rehabilitate her and make her usable. Why the judge let this happen is just beyond me. This is also the first time with all of the evidence in this case that I seriously doubt that we will see justice for Caylee. Thank you for writing this Blink, now I just wish there was something that could still be done about it.
Hugs, Magic
I don’t think it is a fatal error Magic Eyes, but as much as a fan of Chief Justice Perry as I am, I do think it was an error/abuse of discretion.
B
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Mr. Mason was the one that stood up and brought the race card up with this lady. How does he get away with this crap?
They called it a racial objection, which is illegal. Once they do that, the burden is really theirs, which in no way was met.
This is one I am not going to have answers to because I think it was egregious in the first place.
The state’s argument for cause was sound, and even if the judge did not agree with that, their was no proof that the peremptory was not reasonable or genuine.
Melbourne is a 3 step process, the inquiry should have occurred, period.
B
This time, I actually think the look on Casey’s face is appropriate for the possible news. How tasteless.
I am confused as to why letting the defense have their way is a reversible error. My presumption was that JBP was erring on the side of the defense in the matter, to reduce the possibility of an appeal on such basis.
Also, the way the jury is being questioned one-by-one to the twelve isn’t typical, is it? Doesn’t Baez have a point? The defense is doing what they have to do to protect their right to appeal on any jury basis, and so must feel compelled to use all of their strikes. But, that must be a dangerous proposition when they don’t really know much about who’s next.
And, did he really rule that there will be no strikes for the alternates?
Great Question, it helps the defense because their entire strategy is to align this case with the OJ trial, or in effect, misunderstood people accused and pre-judged because of race or gender. As you know, regardless of which way the ruling “bent” the defense will use what is an error to their appellate needs as best they can.
Your correct that in many cases, individual Voire dire does not happen, unfortunately, it has resulted in many reversals- in particular, you guessed it, Oscar Bolin, the mitigation coordinator of this case’s husband.
Right now, as i understand it, regardless of what challenges are used tomorrow, both sides will have 1 strike of an alternate.
Suffice it to say, the process has been more fluid than I am used to, lol.
B
Perhaps pushing this process through at a rate most felt was not possible, was the first mistake. The defense weren’t the only ones feeling the pressure.
I know I need to read this another round or 2 before I understand it fully. I just hope this doesn’t give Casey a window to an innocent verdict. Lord, have mercy.
…the other thing that I cannot grasp are the Anthony’s. Even from behind the bars, she has this control over them. I’m sure, for them, it’s ‘what would Casey want’. Then you have Cindy depositing $400 into an account when her daugther rejects her visit. She knows the media is there. She won’t give them comments but mark my words, that was a motive. Everything these people do is never for Caylee. It’s always about Casey. Are they trying to win/buy Casey’s love? They had 22 years to make it right. We didn’t show her attention then so we will now? Is that how it works? You know what….Casey loves the groveling and she’ll still betray all of you one way or another. She doesn’t give a crap about anyone, but herself. Why do you think your grandbaby is dead? OMG!!!!!!!!
Trademarks. It’s not going to shut down the voices for Caylee Marie Anthony.
I’m really going out on a limb here, but I think Judge Perry knows exactly what he is doing. I work with a lady like this. She’s at church every time the door is open. She wants every ones image of her to be that she is “a very good Christian”. She is also Black (I think it’s a black thing). However, let there be some injustice and let her get mad about something and every body better get out of her way. My opinion is that this lady is going to be Caylee’s biggest supporter and I think Judge Perry knows this.
Those are good points, and I agree Judge Perry ruled in the abundance of caution because Baez spent most of last week crying their were not enough minorities and then struck a hispanic juror today that Judge accepted.
I also am open to agreement that it may be a situation of knee-jerk and wishful thinking on behalf of the defense.
B
Why cant the defense use a strike on this African-American woman?
They have 9 strikes – when they use a strike they dont have to justify it do they? Also who is the new woman in glasses sitting next to Casey?
And what happened to Rosalee Bolin?
Because the Florida Supreme Court finds that only a gender or race neutral finding for cause is an objection , and if the finding is not reasonable or genuine, than a peremptory challenge cannot be utilized.
Dunno about Ms. Bolin, nice to see you artgal16.
B
Do I remenber this correctly? AF asked her if she needed DNA and the lady said whats DNA? Af ended her questioning with out going thru her speel. She could not answer the question about the Police vs wittness. She paused alot as if she did not understand what the questions ment. Judge Perry even had to refrase his question to her several times.
I felt that she did not understand what the questions ment. I do not think they rehabilitated her. I think she just answered yes or no and was on the stand a very short time in comparison.
I would think if you felt that strongly about the death penalty you would not even want to be in the situation to even argue the point or attempt to make the decision. I would have said I can not serve and I think she wanted to but was intimidated by the situation. No one that questioned her I believe, evaluated her level of understanding.
Or perhaps she believes it is her duty directed by her faith to hang this jury. I am so perplexed. The young Lady that was praying for mercy for Casey at least was very honest about her faith and emotions. I was very impressed with her honesty. She was so afraid to expess them saying at first that she felt bad for Casey. When finally asked why she felt bad she had the courage to express herself.
Blink,I have a question about the Anthony’s trade mark that I hope someone can answer.In Oct.2010 I ordered a bracelet(it’s green and made of some sort of rubber)and I had JUSTICE FOR CAYLEE put on it in pink letters.I wear it all the time.Can I get in trouble for this?????Hope not because I’m not taking it off till Justice is served.
Just wanted to say I have been reading this site since this case began.Mainly a lurker but wanted you all to know I enjoy reading all your comments.Thanks
You absolutely cannot. It hurts me heart to think you probably have never posted a thing and these people have you frightened for advocating for Caylee.
You have a receipt for it, or can tell me where you got it, post it here privately.
B
I don’t know how old this lady is but I do believe alot of the older generation can not seperate their Faith and Justice rulings. Remenber thou shall not kill is a part of the ten. And is considered as a mortal sin not venial. Alot of the older generation was indoctrinated by the Church from very young on. Depending on your education level this would be a major part of their ethics.
There where two more women who said they could vote for death but also said. I value life and the other I could even tell by her answers that she favored Life in Prison as a opposed to death. One was younger the other older. The jury choosing has been very informative and interesting for me. Even read some Law. I think it’s fascinating. I wonder how many jurors really follow the law. What a tuff job to pick a jury.
The young brunette attorney w/ glasses is Lisabeth Fryer from Cheney Mason’s office.
Thanks Lizzy, I think I missed a query.
B
Blink…I got it at REMINDERBAND.COM.I also had one made that says bring Haleigh Home.I paid 12.95 each and ordered at different times.Don’t think I still have receipt..never thought I’d need it.(lol) I also wear a Bring Kyron Home bracelet that I got free.I follow all these cases and in no way thought I was doing wrong having these made.I had it made for personal use not for re-sale.I’m just a mother and grandmother that can’t believe what is happening to our children by the hands that should be protecting them.Thanks for all you do…..I’ll be reading
Ms. Vicki, you are a kind and compassionate lady and if you ever have someone so much as bat an eyelash at you, you come to me.
B
If the words Justice for Caylee have been out in the public domain, including websites (one I just found has been has that exact wording/name Copyrighted 2008) don’t understand how the A’s can claim exclusive trademark use.
On another note, I was under the impression the lady who expressed her prayers for mercy, believes the accused is guilty of taking the life of her 2 year old daughter – - – but prays mercy for the evil soul that overtook the accused to commit such a sin.
Sorry, Blink, was remiss in thanking you for your informative article and comments. Clears up my wondering why LDB addressed the issue again. Thank you.
Hi Blink! What a day! I am wondering if JP is trying to push the jurors through too quickly, and this is the reason he chose to keep this one woman (who has trouble judging people) on the jury. It doesn’t appear that the judge will swear and seat the jury this week, so can the prosecution attempt to strike this woman again and get her off? I’ve seen this type of personality before and for me they identify with the defendent for whatever reason and they choose not to pay proper attention to the facts or evidence in the case. They are too uncomfortable making such a huge decision that will affect someone else’s life. They shut down when pressured. She really can’t be reliable for either side. I see a psychological problem in putting her in this position.
Once trademarks and control are established as the Anthony grandparents/aka family, desire, this may stop others from using those trademarked names, but also, this puts the Anthony’s in a position to, at some point in the future, to make money on using these trademarked names, slogans, themselves.
Should Casey be acquitted in the death of her daughter, she too, could join in the family slush fund, even fight for control of her own daughter’s trademarks from her own family.
Vicki, you ordered those for your own personal use, for legitimate and moral reasons, there could hardly be a problem in that.
Blink, I found your last sm broadcast and as always, enjoyed listening– thanks!
There you are, and thank you!
B
I still am complaining about Baez asking for minorities? why? she is white and wont tell who the dad of Caylee is?
I do not understand how he gets away with this crap, she is entitled to a fair trial, blah, blah, blah but a jury of her PEERS, not minorities or older folks (don’t mean anything mean) My son is 27 and single but I am guessing he would vote for death after hearing what she did to all those guys and depriving the father of Caylee from him? just doesn’t make sense, is that 22 year old male still on there? i can’t wait for these men to hear the witmesses testify how loyal she was to them….. geesh, I think Tony L and Ricardo, will be great for the prosecution, I think the defense will thrash Jessie Grund.. I don’t understand why they wouldnt let the one lady off jury duty also when she said she can’t judge as that is sorta what the jury has to do…
LOL Blink,
Do you want us all to have bracelets made? lol I thought they had some available awhile back? hmmm.
Now someone please tell me why would they trademark the angels name?
I just don’t get it and Justice for Caylee, that seems like it is too late for all that? people have been saying both for 3 years now…. geesh Louise.
I too cringed when Judge Perry wouldn’t let the state strike the elderly black lady. Then I got to thinking. I don’t think she will think too highly at all about this spoiled little brat white girl who killed the most beautiful little two year old. If she sees just a minute clip of her singing “You Are My Sunshine” she’ll want to go over and throttle little miss spoiled britches faster than a gazelle. Same with the picture of her with her great grandpa in the nursing home. I tear up every time I see it.
That Baez get my goat too. Oh, I think I know why his team member Mason mumbles so much now!!!
Not meaning to start something here, but I want just want to correct a common misconception. Sometimes religious people and Christians (yes, there’s a difference) will vote against the Death Penalty because they have misunderstood or been incorrectly taught. The original text of the Bible does not say “Thou shalt not kill.”. The word that the original language used translates to “murder”, rather than kill. Murder is to take an innocent person’s life by force. Otherwise, God would be guilty of breaking His own commandments, as He authorized death as the punishment for specific sins(see the book of Deuteronomy in the Bible). It was not so much an “eye for an eye”, as the murderer had murdered the victim and their generational line (any offspring they might have had) and human life had no value to them any longer. Something to think about.
Also wanted to asked (so sorry for always having a ‘and another thing’ when I post- blush) has anyone ever smelled both gangrene and a decomposing body? As a nurse I’ve smelled way more than my share of gangrene and it’s absolutely the worst smell I’ve ever smelled. I know the odor of it immediately. I was wondering if that’s the same smell as decomposition.
It could not and will never be confused with anything but death, if one ever smells it, it is a cellular memory item.
B
Thank you for answering my question blink. Im still wondering on a worse case scenario what is the least offense Casey could be convicted of and what the penalty for that would be. I heard Mason say something to a juror about it not “being a crime”. I assume they are going after a defense of it was an accident. As George told his girl-friend – an accident that snow-balled out of control. Can Casey be acquitted if they could convince a jury it was an accident? Under no circumstances do I believe this was an accident by the way.
Blink, I too was heartsick for some time over the AA juror. But I do trust Judge Perry – I think he is brilliant and his encyclopedic knowledge of the law is amazing. He has virtually anticipated every move of the defense so far. This is also where I have to make myself “let go” and trust a Higher Power to get Justice for Caylee. I do believe she will be in the courtroom come trial, and that the States’ Attorneys will help the jurors get to know, love and ache for her as we do. She will then be in their hearts to guide them also. Keep the faith Blink xoxo
Hi all,I have been lurking here over 2 years and I LOVE this site. What if someone printed up a hundred Justice For Caylee t-shirts and gave them away? they could have a donation jar. wouldn’t that burn Cindy’s azz!
I have a visceral bad reaction to the trademarking of persons’ names. Dale Earnhardt trademarked his son, Dale Earnhardt Jr’s name. After Dale Sr’s death, all his assets were inherited by his widow Teresa. The young racer, Junior, couldn’t use his own name commercially. It belonged to his antagonistic step mother. Dispite Dale Jr’s generally good natured reaction to the situation, I thought it was ugly.
http://www.nascar.com/2006/news/opinion/06/17/dearnhardtjr.name.trademark/
New
I don’t know how old you are? I may be old enough to be your great grandfather.
I believe in the sanctity of life and that one should protect others. However, in the instance of a murder trial, I would have no problem voting for a death penalty if the state presented evidence to convince me that it was right and necessary.
I do not let religion get in the way of making decision in our secular world. I think of myself as a Christian person who follows the directive Jesus gave to his brother James when he retrieved James from the jail. “Render unto GOD that which is GOD’s and unto Ceasor that which is Ceasors”. In other words, you must obey the law regardless of your religious beliefs.
Maybe some you know about have a problem seperating the two, but my experience with older people tells me that it is not generally true.
I am not picking on you with this post. I just want you to consider a little broader perspective regarding people who may be older than you.
I read or heard somewhere that they think this lady who has a problem judging others is going to be somewhat of a leader or possibly even the foreperson! I was hoping she would be more of a follower than a leader. I just HAD to come on here & see what you thought. It’s been forever since I posted but I’ve been lurking
Loved the image of Baez with the pen.. lol, I came here that day & almost fell out of my chair laughing. I was ready to shove that pen… well nevermind. Please tell me your thoughts on this woman who “can’t judge others” By the way, isn’t that the ENTIRE ROLE of a juror, to judge others? Geez!
Good piece as usual Blink. I didn’t get to watch the jury selection today. I hope this does not come into play. Maybe it will get corrected in the next phase.
I hope you are watching right now, cause it is about to happen again, lol.
However, this time, I do believe the state is going to be able to provide a very race neutral reason, this juror left half of his questionaire blank, and we just got to the state inquiry where Linda asked “Have you or any member of your family been accused of a crime..?
response: I dont want to answer that in court today.
Linda DB: Do you mean you wish to discuss privately?
response: Yes.
I will withhold the rest of my comments until we are out of sidebar/bench testimony.
B
Thanks Blink! I didn’t think anything could smell worse than a festering case of gangrene. Uck!!
Ispy- thanks for the biblical clarification of the “thou shall not kill”. I am a Christian. I feel better now knowing it’s okay to daydream about starting KC’s IV when/if the time comes. Pray hard for justice for Caylee. (Wish should KC would have just dropped her off here at my house- I’d of loved the heck out of her for life- well, I will now anyway- but you know what I mean.
sorry that shouldn’t have should before KC would have…. Blush!!
Maybe I should call myself Columbores instead of Columbiares. lol
If find it quite ironic that the Anthony’s want to copyright a slogan that they are pushing so hard to keep from happening!!!!!
Annals, I could be wrong, but I think what that article is saying is that Dale Earnhardt Sr trademarked the corporate name “Dale Earnhardt, Inc.” and gave his wife authority on it. I could be wrong but I don’t think you can trademark a name per say – in this case it was a business name. Someone can tell me if I am wrong about this.
Re: the black lady juror-
No way in hell was this a racial issue. No one had a problem with her being black. The defense is playing the race card to, once AGAIN, delay and stall.
IMO, Judge Perry made a big mistake today. It would be the same as a person of any ethnic origin stating that they thought KC was guilty, would HAVE to find her guilty, and still be allowed on the jury. BECAUSE OF THE COLOR OF THEIR SKIN.
I love Judge Perry, but think he messed up today. Bigtime.
Still keepin the faith for Caylee though! : )
Does anyone besides me feel that the Anthonys speak with forked tongue when they put out in the media that they want to buy up the logo “Justice for Caylee.” Not that I think they will be able to do it, but it seems a way of saying they want to “own” it.
HOWEVER – we all know “Justice for Caylee” means “Prison for KC.” … or even death.
Seems a knife in the back of their daughter tonight, dare I say it.
And just to clarify, I LOVE Judge Perry! Love the way he’s been crackin the whip and trying to give this farce of a trial some respectabilty and keep it on track. He seems like a very sensitive, but honest, truthful man. The ONLY reason this case is going to trial NOW is because of Judge Perry.
Blink, thank you for this article and thanks too for the very insightful responses to comments from posters…
I cant say you made me feel any better about what this could mean for the trial, or for appeals or for J. Perry’s handling of the trial.
You did however make me think that The defense is using their A-game…do you think The prosecution will be able to “win” despite these facts and rulings? Or do you feel it is more likely, at this moment to be ruled a tie or a loss? I still have faith in the evidence, but sadly I am not sure that will be enough to overcome what has already happened…
I read elsewhere that the state could take it to ta higher court but theyd have to do it now…I dont know if this is true, or even if it would be in their best interests…do you have any thoughts on this Blink?
BTW great quote:
“Never Forget Almost Every Case is Won Or Lost When The Jury Is Sworn”
Clarence Darrow
AJMO
Yes, the state could take it to a higher court, but honestly, I think they would uphold the judge’s decision, and I also believe that they understand, that comes with it’s own set of potential problems.
I had more than a few lengthy conversations on this yesterday, and the consensus is that between the first degree murder charge and the lesser includeds, it is going to be neon to impossible to aquit Casey Anthony.
Personally, I think the restrictions are so tight, and this jury is going to be monitored so carefully, I think if any stealthers make it on, they will be spit out pretty quickly.
As I said on Dana’s show, I am not a fan of this sequestration plan, and as I listen to the hearing right now, I am feeling we are going to have this situation again in about 5 minutes, lol, with the out of gas juror.
B
It appears to me that the defense is doing everything they can to stall this selection process to delay the trial from starting..
Well I think they are doing what they are supposed to do for their client, I really wish Judge Perry would not swear the first 12 when they get there and let it ride. The risk to appellate issues are to great for my taste
That said, I do agree with his argument that he is tasked with the oversight of Casey’s due process as well as the good citizens of those serving their civic duty as jurors.
The reality is, because of the nature of the case, and the method, the defense wins this one at the onset, imo.
From there, I trust the process to convict her.
B
Did anyone see or hear Baez and Mason on HLN News yesterday? Baez said that Casey is a very intelligent person and is fully intune with everything that is going on with her case and contributes in every aspect. Well, doesn’t that contradict all their mitigating factors? “Emotionally Immature”, “Lack of Maturity”, “No Coping Skills”, yadda yadda yadda?
That and PTSD.
B
It is coming across to me anyway that the current juror being interviewed # 3283 is warmer to the defense than he is to the prosecutor. He appeared to get a little testy with his responses to the prosecutor but is warmer with the defense attorneys you can almost hear it in his voice. Some of his responses to the Mr Ashton were almost defensive in nature..
Maybe we will get lucky, but I feel we are about to say “here we go again”.
If one cannot afford gas to get to their court ordered jury summons, how is one going to go 8 weeks without a paycheck?
B
Morning all.
Who is the young lady with the long dark hair sitting in front of the DT table (is that JB’s daughter?)
something is not right with this juror
Nope.
B
This juror is much warmer with his responses to the defense as opposed to the prosecutors. I wonder if he might have had a run in with LE.
Well, he or someone in his family has, that we know.
This guy is seeing a payday, and it is nauseating.
B
Blink I hope that he will not be allowed because he will be bad if not worse than the poor woman who can not pass judgment
I used to have a good feeling about the trial but now I have a bad bad feeling and I dont like it
Keep the faith jane, lol, it is early.
B
Thanks Blink thanks
Agree with thoughts on this first juror. Hope the Prosecution strikes.
I have a feeling there is a concern about how to object for cause or strike without divulging what the info was at sidebar the pj wanted to be kept private. I don’t know how that is possible, we shall see.
B
It might have been easier on potential jurors to move the trial down to Clearwater as opposed to sequestering a jury in Orlando for 6-8 wks. That would have taken away that hardship for jurors & opened up the pool for more jurors because I think that cut a lot of jurors out.