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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This was a great article blink. thank you for breaking it down for us
As I was driving into work this morning, the farmville lady crossed my mind and i decided that I can either let it eat at me that she can hang the jury, or have faith that she (and any other logical, reasonable person) will be so disgusted by the evidence and by casey anthony that she will have no problem judging her and finding her guilty. i think she could end up being one of the first ones in the jury room to say “guilty.” I also think that this woman wants to please Judge Perry and would not want to “disappoint” him by being the cause of a hung jury. I think this could have been the reason for her change of opinion on being able to judge someone from the initial hardship questions to the voire dire stage.
and as far as this current pj who is a “playwright”….he wants on this jury so he can write a book or movie about it afterwards. it’s so obvious.
thanks again for all of your hard work blink. caylee is lucky to have an advocate such as yourself
Thank You.
Tweetin going on Here:
http://twitter.com/#!/BlinkOnCrime
You Took My Life Away is the name of his play.
Lawdy.
B
according to a live blog on WESH attorneys,Judge & court reporter all behind closed doors..
@ B – You Took My Life Away is the name of his play.
fitting title given this case but I’m glad he’s gone..
Thank goodness JP got the courtroom for a few more days! Blink what I don’t understand is this… If the state was able to use the prempt? (sorry) to get rid of THIS juror why can’t they use the same thing to get rid of Mrs.-I-can’t-Judge-Others? Thanks!
Because the entire discussion took place via sidebar, here is my guess:
The conversation about the aspiring juror that was “private” involved a solid race neutral reasoning for the state to use a challenge.
B
Excused Blink Thank the Lord
Thank goodness the State was able to strike that last male juror — without another Batson.
Ms Drane-Burdick and team had to tread very carefully and do this correctly.
Something was very hinky about the potential juror.
Didn’t complete juror form, refused to answer questions about him or family with previous arrests/etc (went to sidebar for that).
Claimed to be a play write and composer … sounded like the kind of person that would try to benefit form this trial by selling his story to highest bidder.
Didn’t trust him at all … something very strange with his attitude towards the State.
Potential juror seemed very evasive with the State during questioning – but seemed completely different when talking to Baez.
If that man would have made it to the jury – I think a hung jury would have been a very real possibility.
Thank goodness he’s out.
Judge Perry is schooling Baez again.
They were supposed to be out of the Pinellas County courtroom tomorrow.
Still need one juror and at least 4-6 alternates though.
Judge Perry came back and said they can have the courtroom Friday and Saturday now, and they will work however late it takes to seat a jury.
Wants to begin trial on Monday morning at 9am in Orlando. (if he has a jury)
There must be other courtrooms in the Pinellas courthouse that are not being used.
The gallery is empty – they don’t have to have courtroom #1.
As much as I hate Baez and team with their stalling and wasting the State’s time and money …
The worst thing would be for this case to have issues for appeals.
Baez needs to be prodded to move it along … but not so much as to jeopardize a solid case against KC.
Blink
I am watching today and it appears that something happened in the sidebar regarding challenging. The judge did not specifically say, but decided to move forward.
Is this “You Took My Life Away” playwright looking for an inside the jury experience for the purpose of writing a sequel to his play? He seems to have a motive other than just seeking justice for the accused.
You are so sharp. Tuesday is my teaching day so I didn’t watch the proceedings, but did try to catch some of the news shows and not one of them even picked up on the problem with the challenge.
In this case we may have a problem where “haste makes waste”.
@ The conversation about the aspiring juror that was “private” involved a solid race neutral reasoning for the state to use a challenge.
B
~~~~~~~~~~~
I had the feeling it surrounded a sensitive area.. But that PJ actually challenged Ashton when he was asked ‘do you want to be on this jury’ & instead of an easy yes or no he responded with a ‘why not’ or words to that effect.. Made me uncomfortable & I’m just a viewer..
Thank you ISPY and Texas Grandfather for your response. Your knowledge base of the Bible is greater than mine.
My point being the reliance on religious beliefs and education levels and the persons ability to seperate the two and follow the Laws of Justice.
I have been an advocate for Caley since the begining. I believe in the death penality. Haven’t posted for a long time, but was very perplexed about the acceptance of a lady who could not judge others. Never felt that she really explained the circumstances clearly. Perhaps she was telling the truth that she could not judge by gossip or media. Perhaps she was telling the truth when she said yes to Judge Perry that she could follow the rule of the Law. But she used the word Can’t Judge. Can’t is to me a very postive choice of what you will do, at least for me. When I say can’t I mean what I say and will not change because it is a realistic choice of my ability. Can’t for me is the same as will not.
Judge Perry has the patience of Job
I agree that getting rid of the male juror who, when the State asked if he wanted to be on the jury said “yes, why not?”. He seemed from the beginning to be on the defense side and against prosecution so Im glad they got rid of him. I think they should also toss the lady that says she doesnt want to judge others. Even if she hears the EVIDENCE I think she will be influenced by her own convictions to not find her guilty. She will use excuses to the evidence with “yes, but” and cause a hung jury.
I know people hold strong ideas in this case about whether this was premeditated or not. So I have this comment:
Who out there thinks that using Chloroform on their child is not a premeditated thing? Chloroform is not an over the counter medicine…it’s not intended to use on children for ANY reason.
Neck breaking search shows me that she was planning something harmful to someone…then, after the child died, you can tell she wasnt emotionally distraut because she thought through the duct tape scenario, wrapped her in her Winnie the Pooh blanket, double bagged her, then dumped her like trash and went to party.
You think she was sad or lost any sleep after it happened? She even told Lee, her brother, when asked why she would keep Caylee from her parents that “maybe she was a spiteful b**ch”.
Caylee was dead and she was being spiteful with her lies to torment her parents (Mother) even more. Cindy’s mother has said in her deposition that she thinks Casey hated Cindy more than she ever loved Caylee (if she loved Caylee at all – my comment added).
She then proceeded to lie to everyone about where Caylee was…seems to me she had her stories down before it ever happened (tell parents she’s with Nanny or a friend/sleeping or out of town, tell friends she’s with parents or out of town).
A loving Mother who had an “accident” with a child would be so devastated they would lie in bed and do nothing but cry and mourn for their child…not party. Of course I have to remember that I am using a “loving Mother” as an example.
Besides that, she could have used chloroform to sedate her, then put her in the pool to drown so she could tell her parents later (or someone else that it was an accidental drowning). In my mind what she did was premeditated.
wow…. Could it be CA took a plea..
I have my grandson today and I’m only catching a minute here and there….can someone explain to me what just happened?
what just happened they back from lunch and the next thing they are gone
What the heck just happened???? Why are we done until tomorrow morning? DID I MISS SOMETHING!?
BLINK————————WHAT HAPPENED???? What did Mason have to discuss with her??????????????????????????????????????? Is this it?????????????????????????????????
Sorry, flipping out here after LISTENING to beige paint dry all day for almost 2 weeks, LOL.
Lol, we may have a few more coats!
B
Blink, Wow, the entire debate over that juror took place behind closed doors and/or at sidebar. Like you, I assume it had to do with the previous sidebar (self or family member accused of a crime.) How it went down was likely SA challenged for cause, denied, SA used peremptory challenge, defense claimed Batson, then argument ensued. Regardless of the previous sidebar issue, the State wouldn’t want this guy. He was hinky to the max with the no gas money, the odd answers, and the desire to publish his music, his jingles, his play. Glad they got the peremptory, but sure wish we could have heard it all hashed out!
Is it possible that Casey is going to take a plea? I see court adjourned today until 8:30 am tomorrow – and they needed that time today to interview jurors! What is going on? Any have any idea?
Whoa – somethings up.
Court was scheduled to continue this afternoon with more potential jurors – but court has suddenly been abruptly dismissed for the day.
Judge Perry to Mason conversation (paraphrase) …
Judge Perry: “Have you discussed this matter with your client yet?”
Mason: “Yes”
Judge Perry: “We’ll see you all tomorrow at 8:30am. Court dismissed.”
Have Baez/Mason filed some new motion/complaint?
Judge Perry has been very short tempered today.
CA appeared to be crying when she left the court today..
Judge Belvin Perry unexpectedly dismissed court on Wednesday after returning from an extended lunch recess.
“Mr. Mason, have you had an opportunity to discuss the matter with Ms. Anthony?” Perry asked.
“I have, Your Honor,” Mason said.
“Anything you need to add?” Perry asked. “OK, this court will be in recess until 8:30 tomorrow morning.”
Please, help me understand what this means???
Interlocutory Appeal
B
sorry Blink – don’t understand lingo Help!
all that i can tell is that Judge Perry looks irritated – and where did baez go … maybe he wants out (hope)
How can that happen at this point? Why would kc be upset? This trial will never happen because Baez can never get his way completely and he takes that as unfair to his client.
If he did get emotionally close to his client more than a professional relationship, he might not have the perspective to continue.
If this was an appeal, why would Mason have to be asked about the client knowing? Unless this was a surprise over noon, and they couldn’t move forward on anything without kc being aware.
Baez might have a tummy upset again, Red Bull induced maybe with some cold fighting meds?
There is no reason to be secretive about an appeal, and it would not suspend the preceedings.
I did not hear the judge release the waiting jurors, or call off the rest.
Whatever is in play has to be “suspend worthy”.
B
I meant to say the trial will never happen if Baez has his way…. etc
Okay, can you explain exactly what “Interlocutory Appeal” means?
Blink please please explain what is going on
Will there ever be a trial?
wonder why today the Judge didn’t give his last minute instructions to his clerk to deliver to the waiting jurors ? usually he’ll say something to tell them to come back at a specific time etc
Blink, What I find so bizarre about this is what Baez said this morning when Perry was asking him what his intentions were since they were not going to have somewhere to go. Baez said “Let’s get to work” .. why would he say that this morning if he had NO intention of “getting to work”.. Do you think this may have something to do with the juror that was let go this morning?
Jean Casarez said Cheney Mason looked shaken today and the defense lawyers didnt sit at the same table at lunch. Interlocutory appeal
on jury selection you mean blink?
I just heard baez is sick.
Check this photo, if it’s just a cold coming on, they could have continued, if it were an appeal in the works, why not put that on the record once back in court? Why no show for Baez? He’s got to be feeling the stress after losing this morning’s last minute motion and the black, kidless, male juror.
http://www.cfnews13.com/article/news/2011/may/246892/
I think tomorrow we will see a new lead attorney on the case
Technically speaking, Cheney Mason is the lead, but if you mean Casey fired Jose Baez, a possibility.
B
my Dear blink
will this ever go to trial? will she cop a plea will baez get fired? alot of talk about it all.
Casey shows nothing but a cold heart. she shakes her bootie like she is playing with a hoola hoop!! as she leaves the courtroom. I dont see ner behaviour changing. She may just be medicated. oh blink when and where will this all end!!! this is so sad for caylee she needs her justice!!!:(
I was right!
http://www.wesh.com/casey-anthony-extended-coverage/27939069/detail.html
Source: Baez Illness Caused Jury Selection Recess
Judge Perry Orders Recess Until 8:30 A.M.
POSTED: 1:13 pm EDT May 18, 2011
UPDATED: 2:03 pm EDT May 18, 2011
Kleat- no way in the free world I believe that on WESH. He is second chair, and why would an illness need to be a secret? Ann Finnell has been holding up the wall for a week. Not that.
B
In session speaking of her making a plea deal.??????
IF so seems like a univeral studios kind of moment. She feels like she has come to the end of the hall way.
Could this this temporary appeal have to do with the state’s position on the challenge?
Something is definately in the works. The judge is disturbed for some reason.
I am not convinced it is an appeal at this point, as it would not suspend the preceeding in any way.
B
http://en.wikipedia.org/wiki/Interlocutory_appeal
if this is what they are doing, than the trial may be delayed?
hello everyone! where are my manners. Well chelsea you got plenty of time to catch up on the ironing lol…
He is not sick or the Judge would have said that
One reporter was talking to JB as he was exiting the court room and the mentioned the other DT eating in the cafeteria
Something fishy going on
If Baez goes home with an illness (didn’t look sick to me) I believe after the week Ann has had she would choke him herself!
sammy
you said:
Potential juror seemed very evasive with the State during questioning – but seemed completely different when talking to Baez.
reason:
because ghetto begets ghetto!
TH’s on TV originally were saying they thought this was most likely some type of appeal/motion being made by the defense.
They all pretty much agreed that was their opinion of what was happening.
But now, about 1/2 hour later in their conversations – the TH’s are saying that if it was some type of appeal/motion that Judge Perry would not have had to have been so secret about what was happening and would have said more from the bench.
The TH’s (even the very pro-defense attorney’s on the panel) say they are re-thinking what just happened, and that this *could* be an appeal in the works.
Said that if this was some appeal from DT – that there was no need for Perry not to say more and be so secretative.
Also spoke of body language.
Demeanor of Mason and KC different.
That KC looked like she may have wiped a tear, but then looked relieved as she left the courtroom.
Then again …
these TH’s are wrong more often than they’re right.
We’ll see tomorrow @ 8:30am.
Baez not that sick.
Reporters are saying they saw him in the hallways and spoke with him before lunch – and he looked just fine.
Interlocutory appeals are typically permitted when the trial judge certifies to the appellate court in an interlocutory order that an important question of law is in doubt and that it will substantially affect the final result of the case. Judicial economy then dictates that the court resolve the issue rather than subject the parties to a trial that may be reversed on an appeal from a final judgment.
I dont want Baez to bail. He’s key to losing the case for his client.
I think they are arguing about jury selection and whether Judge Perry is denying defense argument in conjunction with the law. They’ve had several conversations about mercy, gender, etc.
what just happened? what is your opinion?
I think JB was fired or had his license suspended on one of those Florida Bar invesitgations and can no longer continue to defend KC.
Just talking out my @ss cuz I’m not really sure tf that can happen.
“Weigh in Panel”
Lol, I checked with the Bar, not that according to them.
B
I am totally disgusted by this… What a slap in the face of our judical system.. I mean really????? Baez and company has had almost three fricking years to work this case and I believe JP has been very upfront and has even bent over backwards for this defense team and they are still trying to play games??
Where is the JUSTICE for CAYLEE????
Disgusted in Minnesota!!!
One more thought . . . Isn’t Baez’s wife pregnant? Maybe something happen with his wife and that’s why he left so quickly.
31.myers says:
May 18, 2011 at 1:40 pm
In session speaking of her making a plea deal.??????
IF so seems like a univeral studios kind of moment. She feels like she has come to the end of the hall way.
Myers
you heard it on insession or your assuming! ?
Just curious thats all:)
http://blog.richardhornsby.com/2011/05/could-judge-perry-be-wrong-defense-right/
interesting