Caylee/Casey Anthony Trial BOMBSHELL: JAMES CHENEY MASON IS OUT- REAL OR RUMOR?
Orlando, FL- As most of you following the murder trial of Casey Anthony for her 34 month old daughter, Caylee Marie, Saturday brought the most shocking day of NON-testimony yet.
I am referring to the bombshell dropped on the court by lead defense attorney, J. Cheney Mason. For reasons that may very well stay sealed until the conclusion of the trial, amongst rumors of photoshopping evidence pictures and witness tampering, Mason iniatied an off the record sidebar followed by an incamera meeting someone decided the defendant would not attend.
The dissention in the ranks seemed to stem from Friday’s rookie error, made by Mason, a criminal defense attorney with nearly 40 years of experience and considered one of the “super lawyers” in the State of Florida. Mason asked first responder deputy Ryan Eberlin, of the OCSO if he placed Casey Anthony in handcuffs at the Anthony home , opening the door to the prosecution to allow the deputy to explain, in front of the jury, that he did so at the request of Cindy Anthony after providing proof her daughter fraudulently used her credit cards.
(Editor’s Note: I was so stunned by this ginormous snafu I considered the possibility Mason did so to get fired on purpose. Given Saturday’s events, my jury is still out on that one.)
With Tru Tv’s Insession and other various local affiliates geared up for all day Saturday coverage, this presented the unique problem of having a day of rampant legal speculation as to what could have caused Judge Perry, who already scheduled an extended Saturday as a sanction to the defense for it’s third contempt of an order regarding expert witness testimony, ran through every option.
Based on the fact that immediately after court was recessed until 8:30 AM this morning, Jose Baez informed Dot Simms she would need to accompany State Attorney Jeff Ashton for the afternoon deposition of Dr. Kenneth Furton, that he could not, so she “just had to”, and the immediate seal of both the sidebar and incamera session, it is clear there are very limited reasons for the kerfeffel under Florida Law.
They are:
Jury related issue: Impossible as the court reporter left immediately after the recess. If that were the case, Judge Perry would have been required to address the issue immediately on the record, and with counsel present.
Pending Witness testimony Issue: Would not require recess, would not allow for closed proceedings and sealed transcripts, and there were 7 defense witnesses at the court house waiting to be called.
Plea Deal: Again, would not require in camera session without the defendant.
Misconduct: ding ding ding.. We have a winner.
Health Issue: Possible, but highly unlikely given we are looking at only about another week of testimony.
Rule 4-1.16 Declining or Terminating Representation
(a) When Lawyer Must Decline or Terminate Representation.
Except as stated in subdivision (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
(1) the representation will result in violation of the Rules of Professional Conduct or law;
(2) the lawyer’s physical or mental condition materially impairs the lawyer’s ability to represent the client; or
(3) the lawyer is discharged.
(b) When Withdrawal Is Allowed.
Except as stated in subdivision (c), a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if:
(1) the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent;
(2) the client has used the lawyer’s services to perpetrate a crime or fraud;
(3) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent;
(4) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
(5) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or
(6) other good cause for withdrawal exists.
An attorney withdrawl in the middle of trial is not unheard of, and it is not automatic grounds for a mistrial. That said, given the fact this is a death penalty case, and Jose Baez does not meet the requirements as lead counsel in a capital case, it increases the chances significantly.
Florida:
Rule 3.112 of the Florida Rules of Criminal Procedure (2000) outline the minimum standards for attorneys in capital cases: Lead trial counsel assignments should be given to attorneys who: are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead defense counsel or co-counsel in at least two cases tried to completion in which the death penalty was sought. In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial and an additional five were felony jury trials; and are familiar with the practice and procedure of the criminal courts of the jurisdiction; and are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence, and have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases. Trial co-counsel assignments should be given to attorneys who: are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; who qualify as lead counsel under paragraph (c) of these standards or meet the following requirements: are experienced and active trial practitioners with at least three years of litigation experience in the field of criminal law; and have prior experience as lead counsel or co-counsel in no fewer than three jury trials of serious and complex cases which were tried to completion, at least two of which were trials in which the charge was murder; or alternatively, of the three jury trials, at least one was a murder trial and one was a felony jury trial; and are familiar with the practice and procedure of the criminal courts of the jurisdiction and have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.
Ann Finnell, Casey Anthony penalty phase attorney, is the only remaining lawyer on her team that meets the criteria- will Judge Perry order her to resume the defense?
Will whoever shows up at the “table against the wall” request a mistrial or simply a curative instruction? I have a couple of submissions I would like to offer, if that is the case.
Tune in at 8:30AM.
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Ashton just got this witness to confirm that his summary of studies CONFIRMS that human composition has an odor distinct from that of other animals! WOW! Seriously, we need to get someone at the edge of machine intelligence working with the forensic chemists developing sniffers. Together, they could really smash this problem in the near future.
(A moment of technical excitement.)
I am prying my ears open with toothepicks, lol and right now I am dying that Furton does not think the different number of compounds from entire sets of remains is different than a slice of placenta.
He is in trouble if I am picking that out with no trouble. lol
B
Dr Furton is not a believable witness imo. He is hesitant and seems intimidated by our JA. Not to mention the substance of his info is not pertinent.
Here comes the hammer, what a maroon.
B
Blink it does seem as though you are right again- this time about Mason and the possibility he wants out…
–
Dr. Furton-
Another one that Ashton has turned into a prosecution witness…
BTW- Comic relief-
Whats with Casey’s “puffy shirt”?
Is she a pirate? Does she want to be a pirate? Is she wearing it for her tv appearance at the insistence of a friend?…
http://www.usatoday.com/life/television/news/2005-11-07-seinfeld-dvds_x.htm
LMAO
B
Jane says:
June 27, 2011 at 1:04 pm
Blink I had to leave Any way you can write 2 sentences of what took place this am please
I cannot catch up
Thanks Thanks
—————
Hi Jane.
Lots of interesting twists and turns today.
The easiest and fastest way to get Blinks synopsis of what has happened so far today would be to:
Blink posted this new article that we’re all posting on currently – first thing this morning (just before court began).
So far there’s only 152 “comments” from members and Blink on this thread. (just 3 pages of comments)
If you scan just those comments – you’ll have a good picture of what you missed.
If you’re really pressed for time … just scan thru the 152 post for the ones with the BOLD PRINT (Blinks replies).
Lots of good comments + replies.
Dr Furton sure likes his spinning chair … and he doesn’t really look @ jury …
jb doesn’t want depo “changes” brought in court … had to get a sidebar … geez….
the depo was only Saturday !!!
But JA is turning this DT witness to STATE … though Dr Furton is trying to be so ‘wishy washy’ ….
jb & ‘his objections” — grasping for any stop to this JA full throttle ….
Come on, Jeff, swoop in for the kill!!! I want to see Dominic & Hoover today!
Yes, and Baez has the “oh #hit” look on his face.
Well, Dr Furton FINALLY agrees there was something decomposing in the trunk …
here comes the truck trash photo …
wonder if JA will bring out all the evidence to look at ???
Jeff Ashton’s most shining moment cross-examining Dr. Furton. Ashton’s intelligence astounds me. Go Team Caylee!
LOL here comes the box!!!
OMG jb once again “claims trash is altered” …
i just thought same thing – Ashton just asked if Velvetta is even dairy at all, Ha, this is painful, give this guy a white flag and a stick(maybe he could borrow casey’s shirt, very suitable) and have him go home please
LOL.
B
Here it comes!!
The trash will be shown to snooty Furton.
Jeff Ashton is gonna pull out that pesky Velveeta package and the salami wrapper (with a piece of PAPER inside of it).
NO garbage, NO food product = no odor of decomp.
Loved when Mr Ashton did this with the other defense witness last week.
Very visually demonstrative and effective way to nail down sneaky defense witnesses who like to go round + round without really answering the question.
AND… dun dun dun it does NOT SMELL!
B
isn’t Velvetta cheese food? maybe the cheese ate the Velvetta and the salami, etc. and the cheese stands alone! casey IS the cheese
lol
B
Breaking News: Defense Motion for mistrial…
Yay, here comes the “real trash” …
JA asking if the is “food/organic matter” …
Dr Furton is actually saying ‘well it would need to be tested” …
[as we all know invisible 'food' just isn't visible to us lowly 'humans" ....snark]
jb doesn’t look to happy ….ICA is a whispering to jb, too
jb again saying ‘altered evidence’ objection when JA asks to pass it to the jury … OVERRULED
KBelichWFTV: Jurors are looking at Velveeta.. One sniffed it [via Twitter]
back now to sidebar … Hey MC went up to sidebar …
FTLOG, Dr. F, please agree with Ashton!!
crap can’t spell today, i think it’s Velveeta, duh
If Ashton was an actor playing a state’s attorney, we would think the portrayal was too strong too be true.
Move over, LDB, YM and JBP, I have a new crush. And you can tell the man does this from the heart.
Not progressing the discussion, but I’m in awe at the combination of technical competence, passion and legal repartee. No matter the outcome, JA and LDB are giving Caylee her day in court.
Give it up Furton!!
The jury just looked at the wrappers.
There is NO food product – NO organic product.
Nothing that would cause that level of decomp odor in these wrappers.
These jurors can SEE there is nothing there – yet Furton insists there is decaying food on the wrapper.
Must be “invisa-cheese” … kinda like the invisa-nanny.
Bill Schaeffer (WFTV) legal commentary:
“There were so many times that Mr Ashton impeached this witnesses testimony that he’s lost count.
He has once again turned a defense witness into the States witness.”
KBelichWFTV: A couple more sniffed it [via Twitter]
KBelichWFTV: One juror winced after smelling the velveeta package [via Twitter]
Mom3.0~
Just when it appeared ICA & DT had stopped w/ruffles/bows/puffed sleeves … she wears “all that today” … those sleeves alone look like some type of floatation device …
AJMO
________________________________________
@Mom3.0 says:
June 27, 2011 at 1:54 pm
Blink it does seem as though you are right again- this time about Mason and the possibility he wants out…
–
Dr. Furton-
Another one that Ashton has turned into a prosecution witness…
BTW- Comic relief-
Whats with Casey’s “puffy shirt”?
Is she a pirate? Does she want to be a pirate? Is she wearing it for her tv appearance at the insistence of a friend?…
http://www.usatoday.com/life/television/news/2005-11-07-seinfeld-dvds_x.htm
LMAO
“Here comes the hammer, what a maroon.
B”
Accckkk!!!! Yesssssssss!
Just got back, missed the entire cross . . .
Thank you Blink and all for your great comments!
Seems to me the cans should come in. Do not follow the duct tape follow your nose.
Did anyone take note of Baez question to furton on r4edirect concerning the lastime Caylee was seen?
He sais (pp) June 16th the last time anyone allegedly saw caylee.
What? Allegedly? Doesnt he and his client state that Caylee Anthony died in an accidental drowning- sometime, early morning?, afternoon?, ,and that George was there?
Argg! This defense case is all over the place- what are they trying to prove?
AJMO
24.Mom3.0 says:
June 27, 2011 at 2:49 pm
Did anyone take note of Baez question to furton on r4edirect concerning the lastime Caylee was seen?
He sais (pp) June 16th the last time anyone allegedly saw caylee.
What? Allegedly? Doesnt he and his client state that Caylee Anthony died in an accidental drowning- sometime, early morning?, afternoon?, ,and that George was there?
_______________________________________
Seriously, Mom3.0. But by now, I’m actually feeling a little sorry for some of the defense team. When you’re dealing with a sociopathic liar, it REALLY messes with your head. And they don’t tell the same “truth” to everyone, even when it comes to mundane things. A lot of the time, you may never figure out WHY they lied about something, or how they keep it all straight. Only when those around start cross-checking EVERY SINGLE WORD, is the range and depth of duplicity revealed. At least a couple of these attorneys probably still don’t get it, and others on the team may feel alienated if they do. But how DOES a team defend that in an objective courtroom?
Here is the link to the motion filed by Ann Finnell on behalf of the defense. http://www.wftv.com/PDF/28372388/detail.html
Hope AF is over that cold
Jim Hoover…really??? Who told Dom Casey and Jim Hoover to check out in the woods for Caylee? Uhhhh Roy Kronk?? LOL Just another stoopid stoopid move from KC’s team LOL Uhhh..okay KC hinted where the body was- I guess Roy Kronk told KC, right? Ohhhh…head smack DUH!!
Hoover up-
Yes, Casey visibly despises LDB, imo.
why did Perry leave???
Mom3.0
It doesn’t matter to the defense team what they asserted to be the cause of death in their opening, they are now trying to poke holes in the prosecution’s case. To date, IMO Mr. Aston has destroyed every witness he has cross examined or turned them into a witness for the state.
Will they ever try to prove their opening statement? Who knows. I would think that the jurors are asking themselves a similar question.
One thing that I have noticed from all the expert and counter-experts is a distinct need to widen the scope of the research being done at Oak Ridge Labs. They need to have another team take a look at all the compounds found in commercial products and do decomposition and volatility studies to determine the rate of decay in various environments. The same need to be done for animal remains.
I found the big chart that Dr. Furton presented to be helpful in a way. However, IMO it was too generalized across a range of studies that may have been made for a purpose different than forensics.
One interesting aspect of Dr. Furton’s work was the study with living people and the unique odor each of them produce. I have long suspected that dogs use this in determining those that are not familiar to them. Is it possible that the compounds produced in decomposition are individual in a way that could be related to their idenity? If they are, we will need a lot more research to prove it.
Based on the article Blink presented, I don’t understand how a person with as little experience as Mr. Baez should ever be allowed to become a lead attorney in a death penality case.
mag603 says:
June 27, 2011 at 10:23 am
“Blink when you say:
This type of activity is unheard of. If this case goes to verdict I will be shocked.
B
If you had to guess — would you say plea deal or a mistrial?”
“The M word, but I hoping for the best, and staying positive.
B”
Deflated here. “M” based on . . .?
How hard it will be not to have one based on the basis of this defendants representation, or lack thereof.
We will get through it, Ann Finnell handling cross has eased my mind.
B
We are now referring to Casey as “ICA” just curious does this stand for inmate Casey Anthoney.. Just wanna know.Thanks
Wanted to add…I know all about that psychic nonsense…so who’s that leave…George, KC, and Roy Kronk. I believe they’re backing themselves in a corner. Dumby dumb move, I think!!!
I don’t know what Baez is trying to prove in his Direct with J. Hoover, but I find it incredibly disturbing and prejudicial to his client. What a moron.
Wishful thinking on my part? Or does this video that James Hoover is showing do more to show how difficult it is to locate remains in such an area? In other words, Caylee’s remains were close by but unless one came right up upon her one would not see her. They missed her. Roy Kronk happened directly upon her.
I don’t know what Baez is trying to prove in his Direct with J. Hoover,showing the video of D. Casey searching Suburban Dr., but I find it incredibly disturbing and prejudicial to his client. Seeing the dumping grounds just makes me ill. Apparently has no effect on Casey though. And Baez is too much of a moron to understand what effect his witness will have on the jury. Again.
How can Casey look at this video and show no emotion?
DC made it to the stand . . . is CA’s husband still in the court room?
What a DAY! Who thinks Casey will still take the stand? I do!
-snipped- I think Mason did not do proper diligence into this case before signing on, and I believe he has since learned Baez is one shady lawyer who could care less if he never practices law again once this over.
B
You would think this would’ve dawned on CM much sooner. At what point did CM finally realize Baez was shady? DUH…they’ve only been working side by side for 2 years. CM = Cindy JB = Casey. How uncanny is this?
Any one thought that the picture of Caylee at the sliding glass door could have been a picture of Casey as a child. I could not make out a screened in porch but I did see patio furniture..I also am aware that the Anthonys have been in that house since Casey was a child .
Thanks for any input !
Hoover & Casey reminded me of Bud Abbott and Lou Costella!! What a couple of Looney Tunes. I have to keep reminding myself that this circus is all so Casey gets her day in Court. If it weren’t for our fab Prosecution team, little Caylee would be lost forever. I absolutely adore Jeff Ashton, feel like I am watching a film and he is the cavalry riding to the rescue. He wipes the floor with every witness put on the stand – he is this weeks crush for me.
Casey isn’t quite so smug as she was this morning and there are no hands on anymore from either Mason or Dorothy Simms. I don’t know if the State will get Murder 1 (I pray so) but if not Blink, what do you think the max sentence she could be given would be? Another thing Blink, Bill Shaeffer said this morning that he didn’t think Cindy could be charged with perjury, too difficult to prove. What is the point of ………to tell the truth and nothing but the truth…….. We might as well all lie and take our chances at that rate! Hope JBP soon wraps up for the day, getting late in the UK, need to go up that wooden hill.
Ok so I am certainly missing some info on Dominick Casey and heck there goes my memory but the other guy that filmed him. Seems that there was some eagerness for them to testify but can someone tell me what they can contribute to the prosecution side. I feel like a Perry Mason moment is coming. Is Cindy the one on the phone with him telling him where to look for caylee??
If someone could enlighten me on these 2 characters, please do.
Julie, I think that Casey wants to take the stand because she thinks she can lie her way out of murder. She told her friend “I am such a good liar”. I personally would love to see the cross exam. Now that would be entertaining.
I feel so confident today that justice is going to be served. Defense would not be scrambling so hard trying to do anything they could to stop this trial if they didnt think the hammer was getting ready to fall. Casey may be smiling (in her ignorance) but Baez and Mason have stopped smiling. The DP attorney that stepped in today would not be there today doing the questioning if things were not getting sticky. Today Im smiling ear to ear…Pros is doing a GREAT job. I am so proud of them. Justice for baby Caylee is approaching at a quick pace.
So happy Casey was not a good enough actress to get psychologists to think she was incompetent. Dumb maybe, immature, evil, sociopathic, yes…incompetent, NOPE.
To Defense I say “rage on with your bad selves”…it’s not going to help you one bit. Your ship is going down.
Frank George drew the short straw I see. Lordy, this is painful.
Rotfl.
Jim Hoover made me want to go to law school. Cross Examining that guy will be in my dreams tonight.
I would not believe him if he told me water was wet that lying, gelatinous sack of festering ick.
B
Is Cheney Mason still there
This case has attracted the absolute worst cast of characters – EVER.
Just when you think you’ve seen it all, well no, you haven’t.
There is always one more slime ball ready to crawl out of the woodwork for this defense team.
They all just ooze together.
You can’t make this stuff up, b/c no one would believe you.
Ages ago, I read the emails/depo’s/etc of Hoover and Dom Casey – but they’re even more dim witted on the stand in person.
These are the types that Casey is hanging her hat on saving her sorry arse?
Jim Rockford and Magnum PI … these 2 are not.