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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unless baez is carrying an elephant (9 yrs) she had a baby a few yrs ago! I could be wrong.
That’s correct.
B
No, not assuming. In session is throwing thoughts out.
I wonder if this was a plan the defense has had all along. We will see what type of feel we get for potential jurors and from there we will make a decision. Could be that the eleven they do have is scaring the hell out of the inmate.
FYI…..
Jose’s wife is not now nor has she been pregnant thru this whole ordeal. There was another attorney on the case with the same name… HIS wife was/is pregnant. He is no longer on the case. IIRC.
Maybe somebody got run over by a bus?
Not an appeal, not him being sick, not her taking a plea . . . what’s left. Throw me a crumb Blink.
I have been trying to keep up with the blog running alongside the video and the word is ….Not appeal against motion, not a plea…..Baez might be ill…..Baez’s wife is pregnant, could be something to do with wellbeing of family member…..Baez was seen being driven away from Court, appeared cheerful…..not likely to be an issue with how the selection of P Jurors was being carried out. I can only imagine it might be either Baez has been dumped by Casey (she appeared to brush away tears on leaving Court) or perhaps JP is going to rule a gagging order and for both sides to take a breather and then start the process all over again. Although why would JP say that Court would reconvene at 8.30 tomorrow? Surely none of these things are classified secret (apart from privacy should it be a family problem for Baez) so why didn’t JP just say what was happening. Perhaps he has told everyone to go home and sleep on something he has told them. Oh crikey, I’m going on and on, it is all so frustrating just when I thought Caylee stood a chance of at last getting her long overdue justice.
What’s going on with her parents today?
That was my first question, given the BS trademark filing yesterday and Casey showing up in black and all.
B
I hope not a change of Judges.
Speculation on HLN is that Jose is appealing an “urgent” matter and therefore proceedings had to halt……?
Hi Chica, yep, ironing all done. I’m thinking I will wallpaper tomorrow to keep me in my bedroom undisturbed. I’m a woman, I can multi task and with the time difference I should be able to stay pretty much glued to my pc. Comments have been posted so thick and fast I feel I am streets behind you all!
Thanks for the info. I thought I heard she was with child but I guess that’s only Jose, or at least a client that acts like a 2 year old.
Anyway . . . I think this abrupt end today is due to an appeal filed by the DT on the “rush” to select a jury by HHJP. I’m starting to think they will never seat a jury because of Jose’ stall tactics.
What happens if this is the case? Will they have to start the whole process all over again or can they keep the 11 they have and continue selection in the current county until the DT is satisfied? I bet Jose is mad he used all but one of his strikes too and wants the judge to give him unlimited strikes, in order to be fair to his client.
That way they can find their 48 hours jury. WTH – Let’s just move it to Miami, or better yet . . . release the cracken and let’s just call it a day. (JK of course)
Wow. Just returned to watch the proceedings from this morning.
Okay . . . just watched the short replay video. HHJP seemed very serious, short quick breaths.
With the trademark bs, have the Anthony’s done this to let Casey know that they are no longer on her side, but have jumped ship and joined Caylee’s side.
oops, meant, “after” this morning.
I would love to have a lip-reader decipher parts of Casey’s relatively long conversations with some of the attorneys this morning. A real heart-to-heart talk with Lisabeth Fryer, and then she talks to Jose Baez seemingly decisively. She seems to be telling him to do something.
This occurs in Part V of the posted videos on WFTV, beginning around 8:33 and extending until they all rise again. It also seems as if Ms. Fryer sat down with a definite agenda/plan for talking to Casey, and the result was her decision to Mr. Baez.
Blink, did you watch this? Have any lip-readers on your crew?
No lip readers I am afraid.
You would think with all that former PR help that one of them would have crafted a better statement than “stop speculating this is a personal matter” via text.
The state of Florida is spending thousands, if he does not mind.
B
P.S. This was right before the final sidebar, and could be the precipitating conversation.
The “BS trademark” filing yesterday has timing that stinks to high heaven. I just don’t know of what.
VIA text message from Jose to HLN… it’s a “private matter”…. and to stop speculating…
Beth with in session just received a statement from bias, he has a personal matter, for everyone to stop speculating , will continue case tomorrow
They just read a message on HLN from Baez saying court adjourned today for a ‘private & personal matter’ & for them to stop the speculating..
According to HLN Jose sent text to some reporter to STOP SPECULATING It was personal and they will all be be back tomorrow Hmmmmmmmmmmmmmm
I am totally dumbfounded- I was at the dentists with my youngest and missed this whole thing-
http://www.wftv.com/video/27939403/index.html
Is it true that the judge and lawyers met in chambers before coming back from lunch? Is it true JB was not there? What “matter” could have stopped the whole proceeding for the day?
Kleat brought up Baez’s partaking of Redbull perhaps it weighed on his health, god forbid. I have read that too much caffeine can lead to heart issues such as arrhythmia, murmurs ect.
But I dont understand why J. Perry wouldnt have made an announcement that JP was under the weather and his client was adamant that we not continue until his return…
It could be that he was fired, but, again would that delay the days proceedings?..and why would Mason need to discuss the matter with Casey- wouldnt she already know?
I hope nothing has happened to her parents, I would hate to think the worst. But again would that have anything to do with the delay of court- and why wouldnt JB be there?
Blink what is a Interlocutory Appeal?
I dont know what this is, but I would think that this may be the reason -simply because the Judge did not seem happy in the least, and I think if it were a plea of somesort he would have reacted differently… I also think Casey would continue on, until the very last second if she were going to plea…why would she give in now, before she has reached the end of the hall?….doesnt seem to fit the Casey of yesteryear…
Thanks to everyone for keeping us up to date- and thanks to everyone for their thoughts on what this all could mean.
Blink please let us know if you hear anything before tomorrow. TIA
AJMO
personal matter…
B
I believe all the Jurors have to be selected from the same County.
Just saw this
“In a written statement, Baez said, “Today’s adjournment was due to a private matter. Please stop the speculation, as jury selection will continue at 8:30 a.m. (Thursday) morning.” http://www.clickorlando.com/news/27936592/detail.html
Thanks, Blink for answering my earlier questions. I don’t have any experience with legal proceedings and today’s events were very confusing.
So Casey had a riff with Baez about acting like a 2 year old. Now they are not able to sit side by side. For some time, Baez has not been giving Casey the ‘attention’ she adores. Possibly, Baez backed off b/c he knew their relationship was not a normal attorney client one….or he read here how disgusting they behave together. Whatever.
If this is about having Baez fired, and it’s Casey’s decision, it’s no surprise. She always needs to prove who’s in control. She has a punishment fetish, which is prolly why Caylee is dead.
I guess we shall wait and see.
I have just re-watched the Court proceedings part 6 and at around 12.15 Casey stands as JP enters, she says something I couldn’t work out to Rosalie Bolin but then she bites on her lip and for the first time EVER, I thought she looked decidedly apprehensive, even scared. Anyone else notice?
Meant to add, JP then very speedily said the Court would recess until the morning. So I can only presume she knew this was coming.
I was so irritated when I first heard about Baez’s “private matter” holding up today’s jury selection, but the more I think about it, the more I see it as a last ditch effort to delay the inevitable. Let the defense get all the game play out of the way, as soon as this jury is sworn in, it’s game time and there is no going back! They know it’s almost over and they are running scared! Literally!
of all the days I have watched the proceedings and I have watched since day one…I noticed today and I think that she looked scared today……
just my opinion of course
Chelsea- if you go back and watch it again it looks as if she says to Mason “are you ok? you ok?” I can’t make out what she says next, but it looks like “…..get this done”. All right before sidebar I could be way off. Maybe some of you can look at it and see what you think. This is all very strange- I know if I had to leave for a personal matter I wouldn’t take the time to text everyone to say “quit speculating”, but maybe that’s just me.
On a few sites it says JB has a court date tomorrow in Orange County for a different case. It is scheduled at 1330. He also has a court date scheduled for next week with another client. I guess one of his associates could take over these cases. Maybe he wanted a longer lunch to make different arrangements but was unsucessful over the phone.
This is a complete waste of Flordia’s Tax payers money. Who does JB think he is that he can throw away other peoples hard earned funds. What a waste a complete waste. I believe he has no consideration for the people waiting to be questioned that have put their lives on hold. Prime example of how JB gets to work. He leaves. Guess I am just a bit PO.
There is no way that is the issue. If that man held up 15 -30 people all day, who are getting paid OT in some instances, plus whatever costs are being incurred for the delay, you don’t think for 10 seconds Judge Perry would be demanding a check for that sum when the state of Florida is paying for the defense of his client and everything else?
Lastly, he stated the matter is private, as in personal, his representation of other clients is definitely not classified as personal.
B
interesting to say the least – private matter?! what could it be that would take this lead lawyer away from a very crucial time in the biggest case he’ll ever know? still don’t get it – and ya right, it’s major enough to halt a extremely time sensitive jury process, with the clock ticking and he has to leave? BUT has time to send Beth K. a message??? WTH!!! nothing should surprise us anymore, but it still does doesn’t it…
Hi, this video is interesting actually, just watch her demeanor, she at one point looks like she is crying and then at the 11:39 mark she definately tells Baez to get it done and she dont seem to happy about him. Maybe she is giving him a demotion? or maybe she wore the black to send her mom a message to have daddy confess today? hmmmm so much mystery, I was thinking it was going to be a filing in coourt of some kind but I guess not> oh well.
Do people really plea at this point?
http://www.wftv.com/video/27938803/index.html
NancyS – @6:40 pm – Yes – she definitely tells Baez “Go do it.” She motions him on with her hands and smirks and says “Go on.” And nods her head to him. Then they rise for the judge. Go do what?
Looking at the hands, think it’s CM that she is talking to at that 11:30 mark . . . JB is not wearing any rings.
Drats, is there a software program that can read lips?
ooops, sorry . . 11:39 mark (not 11:30)
What ever it is is being kept a secret. No one seems to know except the court and its officers.
Looking a Mitchell show on CNN Headline News and they can’t figure it out. Someone with video tape and time could possibly read lips and figure out some of it.
http://www.wftv.com/video/27938803/index.html
@5:57, Casey is saying to Baez who is off to the left out of camera shot, “I am worried for you” and she repeats it, “I am worried for you”, with her best worried expression, concerned brow and pouty lip. Then, “Where is it?”, with a sweeping motion across the table. Her next exchange @ about 6:33 is asking about “him”. Whatever she said, she also repeated. That’s the best I could do there with lip reading.
After the sidebar, they break for lunch, and Baez requests the push to 1PM instead of JP’s 12:45. Baez is gone quickly.
I am not sure this has to do with Casey.
oops, forgot to add that this was just my opinion
Hello NancyS and Sue,
I agree it looks like KC is saying, “go do it”. But, I think she is talking to Mason. Look at the ring on his right finger. That looks like a ring that Mason wears.
http://www.wftv.com/video/27938803/index.html
Blink,
I am with you it is not about another client. I do believe that if a jury was picked we would have been knee deep into day 2 of trial, which would have started yesterday. I think Jose would have had his days free for Ms. Anthonys trial.
31.c10 says:
May 18, 2011 at 6:15 pm
interesting to say the least – private matter?! what could it be that would take this lead lawyer away from a very crucial time in the biggest case he’ll ever know? still don’t get it – and ya right, it’s major enough to halt a extremely time sensitive jury process, with the clock ticking and he has to leave? BUT has time to send Beth K. a message??? WTH!!! nothing should surprise us anymore, but it still does doesn’t it…
exactly if he was sick why the hell would he have time to text or call beth kasaras? it doessssss not make sense to me. He calls beth and is she giving him advise because this morning she said something about the defense should fight it! not verbatim!!!
OMG
before this trial is over we may all be held on a 5150
these people are having fun while we are speculating she said this or that!!
I am upset that justice was held for caylee. I am also upset that ann finell has been working as sick as she has been. I dont think baez should be calling beth on his cell to create for drama! its like he loves to be the center of a topic and he is so
NOT WORTH IT!!!
We can speculate all we want but wont know until tomorrow!! he is so arrogant to think we are dying to know!!
which of course we are arent we? I think I am loosing my mind!! I think I may have to be baker acted now!! lol
May 18, 2011 at 1:47 pm
http://en.wikipedia.org/wiki/Interlocutory_appeal
for those that dont know what this means!
also It was said that while baez was talking to the judge there was a text coming into his cell… not verbatim but there around about that time.
well who knows what it is…. either way tomorrow we will know and meanwhile baez is having the time of his life(laught) at our expense.
the arrogant person that he is has a twisted sense of humor. if it is about cindy’s trademark! I hope they fight it!! as much as I dislike casey I think cindy is off the hook ready for baker act action!!
Hey, Blinksters !
I was soo bloody mad at Baez today, such a slap at the face of the judicial system!This was so much his scumball style
I hope he is not doing something against HHJP.
Is there any legal grounds of what he is doing – just walking out like that? HHJP knows whats going on isnt he
Would anyone agree that Casey acts as if she is in highschool passing notes back and forth. She likes to write and seems to enjoy looking at her penmanship and admires it which seems to place her mind in some sort of childlike fantasy world. In her childlike immature mind, she is living in an apartment, that someone else cleans, does her laundry, cooks her meals. She has a driver. She does not have to work, do chores. She can do all her reading, napping. Hey, even has others giving her money to buy all her make-up, candy snacks. Wait a minute, this is the same life she was living on hopesrping drive. Oh, even better, now I don’t have to find someone to watch the snot head kid. I don’t have to go to target anymore, because someone else buys my clothing. I have servants in the courthouse that I am the boss of and hey, I don’t even have to pay them, cause I am the queen, and I get whatever I want. She has to be touch, even though I hope she isn’t. She will not get the reality check until she walks through them gates that won’t be called pearly and white, but black and rusty.
She deserves to get the worst of worst treatment and then and only then she is gonna realize who the boss is. This girl just pisses me off. I would love to shaved them eyebrows off that she continues to raise and wipe the smirks off her face with the back of my hand. This girl is so cold, its gonna take alot to get to that diseased black heart that i would say that her parents contributed not realizing what they were sprouting. she is gonna say that she was raised in a way which contributed to the killing of her daughter. What other defense can she have. The nanny is out of the picture.
Okay Ijust read that he went to Orlando to fight the Anthonys about the trademark thang…and I also read that he fell ill? who do you believe? It would make more sense with her saying Do it for the trademark deal over the sickness??
Blink – It seems like a plea is in the works from what I’m hearing and reading. Not sure. If it is, I know you called it many moons ago. The 11th hr. plea. (Or the 11th juror plea). I hope it is. I will be relieved. I don’t know how others feel, but we will learn the details over time. I feel it’s time for this darkness to go. I hate to say it, but I can’t envision another 2 months of this fiasco defense team or looking at the cause of it all. JMO
Blink, have you ever seen/heard of this happening? – i guess i can’t get past how odd/off this seems, wondering what scene gets played out next – i guess “private” stuff happens all the time to all of us, so maybe it’s just that, nothing more? Anyone?
Its absolutelly sad that I cannt give Baez credit even for second that he could had personal emergency some sort..Zilch
Technically,it wouldn be that big of a deal if hapens in other cases and procedures take an extra day or so. Here, with all these tricks and the whole circus coming with KC just nothing looks normal
Sue says” – @6:40 pm – Yes – she definitely tells Baez “Go do it.” She motions him on with her hands and smirks and says “Go on.” And nods her head to him. Then they rise for the judge.”
It does seem like KC says Go do it. Ughhhhh..Whats cooking again