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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Just re-watched the video of the last hour of jury selection today and can’t really make out what Casey said, as hard as I tried. As an aside however, is it just me or did Casey in fact have on the same grey slacks that Cindy washed from her car after it had been brought home and “smelled like a dead body was in the **** car?” Honestly, they look like the same ones from 3 yrs ago … not that it matters. Only saying if they are, could this be possible foreshadowing at it’s most ironic?
Blink, is there a reason why comments are time-stamped 25 minutes ahead of the actual time when one submits them? TY.
Geez that #5 tape is shocking – KC is definitely the CEO today!!!!!!! Black and all! She just absolutely LOVES herself. The almighty is cringing.
Blink – I said last night and now someone just said it again this evening – do you think CA & GA are switching sides? Plz give me a yay or nay.
I read comments at so many websites/blogs/news outlets today, that I can’t remember where I read this at to be able to give proper credit to whoever came up with the idea below.
Because the Scamthony’s are going for the trademark on “Justice for Caylee” (no doubt to make more $$), someone has suggested making this the new slogan on t-shirts/etc …
“Just Us For Caylee”.
The comments she makes are; “I just want it over”; “Get it done”; Ya, that’s right”; “I am sure it is”; “It is best”; “Do it, I want it done”
Is Jose’s wife is pregnant? This would certainly be considered ‘personal’ and the reason for his sudden departure.
http://tinyurl.com/6a3tn3s
I thought I would throw my 2 cents worth in wrt to today’s events.
After watching part 5 on http://www.wftv.com/video/27938803/index.html,
I feel that LDB presented something, not the DT. They all were watching her for 90% of the sidebar. Additionally, when they all went up, none of the defense wanted to go forward. Then George at one point went to the desk for added material. Could there have been a a complaint or allegation filed against ‘somebody’ wrt to improper jury tampering. JMO, curious to what you may have to say.
Also, meant to say, that the defendant thoroughly enjoyed the entire discussion with both AF and the other gal. Manipulating, conniving and having the time of her life. It was though she was saying, go ahead, try me.
Also at the point where ever one was lip reading she is shaking her head to AF I think, saying WHERE IS HE WHERE IS HE and I assume she means JB so she had no idea he would not be in after lunch
good morning, this will be interesting…
LOL- Reminder to self, refrain from posting until done reading/watching.
Yes, Baez was apparently ‘working’ on a motion wrt to his statement about his charge to do all he can to defend his client. JP was livid, almost to tears when he dismissed all till this morning. But,as B said, why not announce it if it pertains to appeal?
I noticed that the Judge said something at the end of court about two of the jurors. He named their seats and cautions them to be careful not to say anything. Possibly something is going on with those two jurors that defense or prosecution has concerns or is pursuing action against?
I am at a point where I think even if they find her guilty of murder in the first degree that they will give her life in prison versus the death penalty. I guess we will have to wait and see how it all turns out.
These people better select a jury out of this group and not cause these folks to sit through all of this and then start over.
@Myers
I agree about the writing. She does love to write. If she writes like this during the trial, it is not going to help the defense prove she did not write the diary of days.
Yikes. JMO, but I think JB may be in for an earful from the accused over the lunch break – - – given her glaring look and mannerisms toward him as she was led away.
Myers, I think she writes because she is very nervous. She also probably has input and questions.
Some people (like me for example) fidget a lot when they are nervous. Casey adjusts her clothing, brings her hands to her face, plays with hair and other grooming actions, and writes. I think those things help her deal with the stress she is feeling. When the trial starts you no doubt will see the behavior more frequently.
MO Casey does all of the noting taking, clothing adj, hair grooming because I believe she has OCD & they are the signs especially the note taking.. The only reason I am aware of that is because I too have OCD & it comes on & gets worse under stress.. Stress is the driver & the more you fight the OCD symptoms the worse the stress level gets its a vicious cycle.. If they read the charges again CA will get emotional that is her immediate trigger..
Judge just made a verbal error reading the charges mistook Caylee’s name inserted Casey’s name by error.. Don’t know if that is an issue.. Think it was in charge 3..
Hi Blink , Do you think Jose Baez will still be a Defence Lawyer after this circus ? Or do you think he will be investigated and disbarred ?
I DO NOT think he will continue to practice law, no.
I DO NOT think he will get out of the current complaint against him without sanction, no.
B
It looks as if Judge Perry may get a jury. The last group didn’t seem to have as many with hardship problems.
I would not want to be in the shoes of the missing juror. He could under Texas rules spend a little jail time to teach a lesson. Don’t know about Florida.
Out of the twelve jurors first picked, there appears to be two who are IMO just a little flakey regarding their ability to make decisions. Maybe they can be eleminated if the judge allows back strikes.
Lawd have mercy- have any of KC’s attorneys ever had a real trial in a real courtroom before? Those last few minutes of today’s hearings were enough to make my dog look like he might put on a better defense. Whining to the judge that the prosecution won’t tell them who they plan to call each day a ahead of time. Come on- law 101. Are they trying to make themselves look incompetent? Maybe that’s their new plan. This would be funny if it weren’t so darned tragic!!!
OMG I know.
PREP FOR THE TRIAL LIKE YOUR SUPPOSED TO….
Cheey claiming they are probono workers.. what a dipwad, yeah, $300K later maybe.
B
I love me my Judge Belvin Perry!
He knows who he is and where he comes from:
He’s meek as a lamb among wolves, prudent as a serpent, and
guileless as a dove.
Just sat through a few more hours of jury selection and feel drained!! Goodness knows what JBP feels like – he is still my hero though. I lifted these comments from the blog site that runs alongside the video (is that ok to do Blink?), just thought it might be helpful.
These are the 16 we have 1340 (seat # 1) male 1st guy up, 7 yr old daughter, no opinion 1398 (seat # ?? 2-7) female honest, crisis counselor, 2 kids 3 grandchildren, late 60s 1019 (seat #8) male black, 30-40, computer guy w/nurse wife, 1st thought she did it, doesn’t believe in DP, challenged by state, denied by judge 1055 (seat #10) female youngest of 5, nursing student w/rat terrior, goes to St Petes College, for DP in right circumstances, never heard of case, received FB msgs 1319 (seat # 11) female older AA lady, state used peremptory challenge, defense raised Batson challenge, judge sided with defense, The Pros tried the next day to go for cause but the judge denied that as well. She is somewhat easily confused and needs instructions read more than once. 1429 (seat # 24) female older, retired, 3 children, son in jail for checks, grandson in jail for selling, dui 1025 (seat#29) male chef w/2 young kids (6 and 21 months), doesn’t watch much news and doesn’t know much about case 1007 (seat #31) female 41 yr old, no children, giggled a lot, mother is attorney, defensed challenged, judge denied 3308 (seat # 36) male married, no kids, coast guard, suspicious of law enforcement, brewers tix, against DP 3015 (seat # 49) female works for Verizon, husband is retired, son in coast guard, she was burglarized, was on a mob related jury in NJ, father was a LEO 3185 (seat # 53) male 53, single, name is Jim, unemployed, previously worked at Miller Vineers.
Not sure if it was a further 2 that went through for further questioning tomorrow. It all got very fraught and in fact Mr Mason was extremely aggressive to one particular woman and went on to be disrespectful to Judge Perry, virtually threatening that if the Prosecution didn’t give the Defense a list of the order their Witnesses were to be called, the Defense would hold things up. Brilliant reposte from JBP, he had no authority to order the Prosecution to accommodate the Defense on this matter,….. THAT’S BEYOND MY PAY GRADE!!…… Brilliant. Mason also whinged on about being pro bono and not having the same facilities at their disposal. I wanted to throw up!!!!
I envision Judge Perry sitting across the table from his wife at the end of the day, saying.. God give me strength….. I hope he does!
Casey is showing signs of nervousness one minute and then becoming CEO of the Defense the next – bizarre.
Sorry for the length of my previous post, I’m tired, it’s been a long hard day in Court. Lol
….we love you chelsea! I know what you mean about court making it a rough day. I’m always yelling ‘I OBJECT’ to my husband when he asks me how my day was. I might be allowed to hang out here anymore….lol.
Thanks to all for posting your thoughts.
chelsea great quote I agree-
“Casey is showing signs of nervousness one minute and then becoming CEO of the Defense the next – bizarre.”
Todays proceedings seemed to go by alot smoother…
Just wanted to post this link which shows who may be on the jury for the duration so far.
http://www.cfnews13.com/article/news/2011/may/247698/Meet-the-jury-panel-in-the-Casey-Anthony-murder-trial
Hi Blink , Thank you so much for answering my earlier question . I am so relieved to read your answer . Please could I ask just one more ? George and Cindy have made a lot of money from Caylee’s murder and it appears they are looking to make more after the trial ? Do you think someone will be as sickened by this as a lot of us are and take legal steps to ensure that they will not be able to do this ?
I think the original Trust account is going to haunt them.
B
Dearest Blink what a couple of days can do for the prosecution.
First the A’s put out a blurb they are trademarking Caylee, in a sense. Touché to them..what an awesome first strike in the saga of ..we hear you are coming with a bus and a dump truck to run over us..and darlin’ we are back in the drivers seat.
And talk about life going 360 degrees. Some feel that Casey went bonkers on the night of 6/15/08 because Cindy said she had enough already with the lying, stealing, baby neglecting daughter of hers..and possibly issued the statement in a family feud that she was going for custody of Caylee..the free ride was over. Many people feel that was the precipice that lead to the events of Caylee’s demise. Myself I feel it was brewing for a while..then Cindy hit a nerve.
Enter Cindy and George almost 3 years later, being told by their attorney it is true..you are indeed going to be thrown under the bus, truck and a steamroller to boot.
Cindy and George in their only way left to communicate with said offspring let her know, by filing for trademark status,once again we are going ahead with custody of Caylee..per her name and all that entails.
I know they are despicable. I know they will not shirk any bucks gained by this. I know that they knew this would hit a nerve with her.
They have as much as admitted Casey’s guilt..if she is imprisoned for her daughter’s murder she really can’t sue or gain anything from this last motive of theirs. Even if the trademark doesn’t go through..their motive did..they are claiming control of Caylee and her name in death.
It is a swat on Casey’s butt ..saying don’t go their sweetheart..we are not going to be your scapegoats.
Do I think they will appear any different in court..no way..not until someone on the defense starts to breathe a sigh of sexual, physical or emotional abuse…then watch the action. They are not going to let Casey go after them in such a despicable way..they know the truth..they know they did not murder Caylee.
I think this was a message to Casey and her team..a preemptive first strike..and by all accounts ..it hit a nerve.
Peace and hugs,
Your friend,
Gypsy DD
O My Deary Gypsy- You got that right. The page has turned.
Peace and Hugs to You my friend-
B
Our Good Judge at the end of the day has 14 0r 15 jurors?
From the new group does he have five for tomorrow? With the State already giving a heads up on one?
Does anyone know for sure?
Saturday no jurors are called in unless they are left overs from the day before. Judge says he will call in 12 or all to swear at 1500 tomorrow.
Where getting to the end of the hall of Universal Studios. I know AF was using the yard stick to measure opinion of LWOP vs death wish I had made note of each one to figure odds if that’s possible. It may be time for a Plea. I can remenber only three women who deffinetly will vote for LWOP. Ladies trip to London is July 17? She would be replaced by alternate.
Interesting day. Won’t be able to watch tomorrow. Darn.
Oh my goodness…. looks like the Black Widow Spider may have turned against her mate…. to which I say… “The DT better watch were they sit”. Not joking. I wouldn’t trust Casey at this pointe and time. Would you?
Blink, Casey couldn’t possibly have a complete wardrobe in her tiny cell, could she? Who dresses who? Cause… wearing black had to symbolized something the day Jose exited stage-left. No disrespect should it turn out to be true.
these long days in court are hard on the rump!!!
18.twiglet says:
May 19, 2011 at 3:04 pm
Hi Blink , Do you think Jose Baez will still be a Defence Lawyer after this circus ? Or do you think he will be investigated and disbarred ?
I DO NOT think he will continue to practice law, no.
I DO NOT think he will get out of the current complaint against him without sanction, no.
B
oh blink dear’ you have made my day!!
oh by the way my rumps the only thing thats broken down! I had to replace my keyboard.
Ragdoll
baez wife is not pregnant unless she is an elephant! they are pregnant 9 yrs. she had her child way back a few years ago! if memory has it right. I dont know even my brain is now like oatmeal mush. I think it was just a baez thingie! he was not sick because he immediately contacted beth kasaras to tell her to tell everyone not to speculate. He loves the cameras as much as casey.
I hope he gets disbarred! and has to sell his suits on ebay.
I hope if so nancy keeps that story going!!!
sammy
I heard that on scaredmonkeys. And can they sue anyone using the caylee name like the caylee daily blog? I mean theres more than one caylee wether cindy knows it or not. !! I think the anthonys are having camera withdrawls and I think they are manipulating their new atty like they did conway. How many have they insulted and claimed they fired!! We of course know better.
angela
I am not blink! but somehow I doubt the anthonys will change sides. Those folks are twisted!
I could be wrong! wow unbelievable what we have been waiting for has and will soon take place. the trial!
I hope casey continues to act up! show her different little personalities/moods and evil twisted sides. I want the jury to see the real casey. oh and if they dont dress her different! its going to make a bad impression with the jurors. She needs to be put in tops that do not have buttons or zippers. and not low cut. wonder who is going to be the one’s to babysit her during breaks and sidebars.
http://seamusoriley.blogspot.com/
Will Casey Kiss and Tell?
Okay..and my second point for the prosecution today…drum roll please.. The defense are still, in the 11th hour, SLACKERS.
Yes Mam, they are slackers. They need a list of the witnesses in order of appearance so their own witness files can fit in the court room..LMAO. They haven’t heard of computer records, flash drives or the CD they presented to the State with 5000 records of interest on it..right.
They need the order of witnesses so they know where to play catch up in their lack’ a’ daisi’ way of doing business. They need to know when the States critical witnesses are coming in..ie expert witnesses.
They need to know how much longer they have to confer with LKB to prep them for the “junk science” witnesses, before they hit the courtroom.
LOL LOL. Remember you read it here folks:
Jose Baez will be the Nancy Grace of the Telemundo Network. Mark My words.
B
I agree that Baez will not be practicing law after this trial..he has other horizons marked for next dibs. That was never a question in anyone’s mind once this hit Nancy Grace’s Entertainment Show..lol.
Sweet dreams my friend..yes I know it is past my bedtime to be causing such mayham..but it is what it is..hugs. DD
http://www.cnn.com/video/#/video/crime/2011/05/19/ng.totmom.juryselection.hln?iref=allsearch
casey mad at baez
As for the Prosecution helping the Defense out by giving them the order in which the witnesses will be called; to save court time:
Baez burned that bridge in pretrial hearings in the gas spectrometer issue; We are not challenging the process, we will challenge the interpretation of the results; but then bringing up some issue with machine malfunction.
What was it that Jeff Ashton said; stupid, silly me, I trusted him.
Chica,
thanks for answering –
If you read Gypsy’s post above, – #27 – she says what I was trying to say but she expresses it much better.
I do feel that by publicly announcing that they want to claim ownership to “Justice for Caylee” they are (intentionally or not – who knows?) sending a message, and it is NOT the same message they have been sending for almost 3 years.
By laying claim to “Justice” they are finally admitting that Caylee was killed.
IMO
@ chica
Thank you for straightening me out on that detail my friend. Maybe it’s something we really do not want to know….lol.
@chelsea
*waving*….hope you got some good ironing in…lol
And then there’s this tid bit (Blink called it….again)….
Richard Hornsby talks about Baez’s possibility of becoming disbarred once this trial is through. This was a sweet read. Could it be his last?:
~snipped~
I recently came across The Florida Bar v. Niles, 644 So. 2d 504 (Fla. 1994) which involved an attorney who sold media access to his client for $5,000. (Anything sound familiar.) The Florida Bar sought disbarment and the referee sought a one year suspension. -Richard Hornsby-
http://blog.richardhornsby.com/
Okay,
Now what is Baez newest bar complaint? Blink do you know?
I almost broke my computer today while watching the very end of the trial today with Baez asking for the prosecution stradegy (well might as well have) I cannot he actually had the gutts to ask such a stupid question unless the ask them as most people don’t know the court rules and they want people to feel that they are being mistreated by the courts? that would make sense and PRO BON means free not being paid by the state Of Florida/// duh!
Gypsy DD,
Wow- what a wonderful post.
I have been feeling bad about Caylees name being trademarked… Thinking it is so sad that she has been reduced to a potential product for merchandising- In one very insightful post you have turned my dismay into hope.
Thank you for giving me a different perspective-
I will from this day forward see this turn of events as Cindy and George claiming Caylee as their own, in essence removing Casey’s death grip from the grandchild she took from them.
I know you are right that in the greater scheme of things this probably changes nothing, in way of their treatment of Casey, or their defense of her, but to me, it is enough just to hope that they cared enough to take a stand- I will pray that you are right about them not willingly lying under the wheels of the bus.
Thank you again Gypsy- your post truly helped me.
Praying for the Anthonys, may they choose the right path, for Caylee
Peace
What a day. First no explanation or apology for holding up the court yesterday for half a day. My take? I think Princess, in a fit of pique fired Baez and he called her bluff. Sort of a “you can’t fire me, I quit” scenario. With no intention of either of them to actually follow through. I think it might have taken her aback, hence her demeanor after lunch. I’ll bet the rest of the defense team spent some time making her see reason yesterday afternoon.
Secondly, I cannot believe that little display by Mason and Baez at the end of court today. Just what makes them think the State will do anything more than required by law for them? How soon they forget the CD with 5000 documents that Baez slipped onto Ashton’s chair last month at the last minute, and his subsequent smirk about not really knowing which of those the Defense would actually be using? Or how about the apology (that Baez didn’t mean) and the stipulation along wiht it (that the Defense had no intention of sticking to) that they’ve smirked over and blatantly ignored? And they have the cojones to complain to His Honor like whiny school children. Along with the obligatory “the State has so many resources, we have nothing” complaint.
The end of the Defense hallway is looming quite close now. I for one will laugh my butt off once they reach it.
I loved the reads here almost as much as I enjoyed the pantomime of Court yesterday! I am 5hrs ahead so am a bit out of sync with most of you.
Ragdoll – hands across the sea friend, Justice for Caylee
Chica – you had been quiet for too long, I was getting worried you had upended your pc in frustration!
Gypsy DD – how I agree with Mom3.0, your post certainly put a different perspective on the actions of the Anthonys, giving me some hope that they just might heed their conscience.
Does anyone else just love the way JBP pronounces the ‘Anfonys’ name. I find it so endearing; with his huge intelligence, profound patience, everything I’m not, this slight speech impediment really humanizes him for me. I could listen to him for hours, what a grandpa he must be.
If only I were a millionaire, I would organize a ‘get together’ for all Blinkettes no matter where they lived (perhaps I had better change that to billionaire!), I would so like to meet you all, and Blink of course, her one liners are absolutely legend!!
Anyone know how the voting went re; Yuri Melich?
Justice23,
I’m sure those could not be the same pants that Cindy washed. Casey weighs 130 now and she weighed 105 at the time of the crime. LOL
Last comment for the day, checked out one of chica’s links (thanks friend, gave me a laugh) and one blogger had written ” up to 6 hours a day with Baez, with whom, there was pubic holding and touching.”
I didn’t notice the spelling mistake until another blogger pointed out…
Ummmm, Peter, didn’t you mean PUBLIC holding and touching???
LOL
–statement analysis says PH wrote what he’s thinking? lol…
LOL
–statement analysis says PH wrote what he’s thinking? lol…
Bit of light relief didn’t go amiss after such a day.
whoops! sorry Blink, copied over one line twice.
Blink.. What do you think of the crazy lady in the courtroom just now? OMG she was a little .. mad? Do you think this is going to happen when the trail starts as well? One thing I did notice is it took Casey longer to react than anyone else? Does she have ANY NORMAL emotions or fears?
Perry is MAD AS HELL! That lady doesn’t need to be messing with the damn jurors! We want this trial to start! What was she thinking? never mind answering that, she obviously wasn’t!