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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That is two years of your life you will never get back Mr. Mason
I am thinking he is aware, albeit too late.
B
Another BellaVeeta day with Baez and his academic chemist, Furton.
Was it a big mistake for the state to allow the jurors to smell the Velveeta package? OR, was this the primer for the can’s to get into the juror’s can-opening hands?
BellaVeeta, that’s a keeper.
B
Maybe Casey has convinced herself she can/will get out of this situation and perhaps this is why CM is frustrated.
Oh my goodness…….The trial today, i went from sleeping to cracking up! Some witness’s are better left UNHEARD!
ICA will pretend to be Linda in prison.
IMPORTANT…Cindys dog sleepy…could ICA have been testing the choloform on the dog, to see how long it would sleep???
sorry mis spelled
The video clip of Casey’s attitude flip shows just how differently she can act to others. Her very demeanor is a lie–which mood is the truth?
http://www.youtube.com/watch?v=9WmWhzFLgyM&feature=youtu.be
What will keep me from needed sleep tonight is knowing that Caylee saw this. The dazzling smile in front of the boyfriends, and the demonic grimace in anger when no one was watching.
I jokingly tell my kids that if they whine or disobey or lie, the “mean mommy” might come out. It’s usually enough to make them straighten up, but after seeing this, I’m not sure I can use that expression again.
Wonder what Casey said to Mason to make him decide to have the competency exams? Like did she say she wants to take the stand? IDK?
Frank George was great today.
Got it out to the jury that DC had contact with the accused from August 22 to October 14 while she was out of jail.
And then Frank George asks DC “You never asked Casey Anthony about . . .” but AF cut it off with an objection for out of scope, then sidebar.
Nevertheless, the jury got the drift.
When asked by JP if he had any further questions, loved the way Frank George smiled and motioned with his head when he said “No, Sir.”
DC was checking out tips.
Wasn’t brother checking, too, in addition to his jail visits?
Blink, that smiley-face was not supposed to be there . . . if you can edit it out, I would appreciate it. Thank you.
I believe that Casey was all smiles as she entered court today because she was entertained over the weekend by the three doctors.
This girl wants to be important. She has never seen so much attention as she is getting at trial. Sick, Sick. Incompentent? Not at all.
Just to add, thought that DC’s company in 2008 promoted the use of psychics to their clients?
Today, DC seemed to scoff at them . . .
Just put NG on and she wants to know how the PI’s knew where to search.
Good question, NG !
I thought that ICA looked very dark and disturbed today, more so than before. Do you think that her visits with the 3 shrinks helped her to understand the seriousness of her situation?
jeepers creepers what a pair of dopes hoover and dom are, a gelatinous sack says Blink of hoover,(perfect! you said Sack!) hoover has this oily film to him, very slick if you ask me – he does that licking/tongue thing, and dom? charm is in the eye of the beholder, right cindy? – who the hell knows, i remember back when, when we all saw that video for the first time, and today we were reminded of how vile it was, the slashing of random bags and that metal poker rod thing – disgusting – and who on the jury is believing any of this? it was very funny to watch them – i think they should put hoover in a lab and study him, interesting specimen that he is, and he was going to give all the money from the video proceeds to the anthonys and dom, he didn’t need it, what a great guy, HaHaHa
……..and to think that Cindy slept with him! HA
I’ve been thinking and if indeed the ladder was on the pool on June 16th isn’t it equally possible that a neighborhood kid threw a ball or a toy that landed in the anthony’s pool so they jumped the fence, used the ladder to get their ball, or whatever, then ran quickly out of the yard leaving the gate open?
If this happened, maybe the kids never told anyone what happened and after all this about Caylee, maybe they aren’t about to tell anyone.
Just a thought….IF the ladder story is true.
But….the anthony’s don’t know what that word means, so the ladder was probably never on the pool….its just another one of cindy’s cover up stories.
Why was the infamous bag’o-garbage wet?
Tow yard manager, Simon Birch, testified that he tossed the bag of garbage over the fence and after directing George Anthony out of the yard, he went into the office. After a few minutes he remembered the garbage and went out and tossed it into the dumpster.
George Anthony testified that during his drive home from the tow yard it was raining so hard that he had to close the windows of the white Pontiac and suffered the stink of the century in the closed car.
Did’nt garbage get wet while in the tow yard after removal from the trunk and before being tossed into the dumpster?
Catching up on Dom Casey’s testimony…. I need to be PAID!
Frank George is just gettin’ warmed up!
Hello Blink and all,
Not sure if you remember me i use to read here all the time and comment every so often, just wanted to say hello and still love reading your site and appreciate all the work you are doing for baby Caylee, god rest her soul….
Autumn.
blink @ 28
LOL, Mom always said she pulled hair because it does not leave any evidence. No wonder I kept my hair short in my teens. Love the memories!
13.Henwhisperer says:
June 27, 2011 at 8:22 pm
I thought that ICA looked very dark and disturbed today, more so than before. Do you think that her visits with the 3 shrinks helped her to understand the seriousness of her situation
……Rob Dick was just on tv and he said Casey was chipper today because she feels she ‘outsmarted’ 3 psychiatrists.
Respectfully, Rob Dick, Leonard and Tracy are opportunist wannabees. There, I said it, 3 years after giving the benefit of the doubt.
B
C10- I did not know whether to laugh or cry when DC and Hoover were shown on the sophomoric tape. Yeh, I want these two to join the FBI-NOT! Were they using a garden tool to poke around in the dirt?
Unreal! The new DREAM TEAM AT YOUR SERVICE: Baez, DC and Hoover-
to protect and defend…
A Texas Grandfather says:
June 27, 2011 at 8:09 pm
I believe that Casey was all smiles as she entered court today because she was entertained over the weekend by the three doctors.
This girl wants to be important. She has never seen so much attention as she is getting at trial. Sick, Sick. Incompentent? Not at all.
———
ATG …
That fits Casey to a T.
Bet she loved the attention of the 3 doctors Saturday + Sunday.
Bet she was doing what she does best … LIE.
Casey was all smiles and even laughing when she entered the courtroom this morning.
I bet she actually thought that she’d once again been able to pull the wool over people’s eyes with her BS and lies.
That’s the only pattern she knows.
She lies, gets/takes what she wants, and moves along her merry way.
One big problem.
These court appointed psychologists and psychiatrist were able to see the true Casey right off the bat. She’s not as cunning as she thinks she is really.
Casey’s demeanor sure did change a short while later when Judge Perry announced that all 3 doctors had proclaimed her competent to stand trial.
From smiles and confident that she’d fooled the doctors —> to that defiance look and scheming her next moves in a few short minutes.
I believe Casey is about run out of schemes though, she and Baez will try a few more desperate moves – but her goose is cooked!!
I hope she gets LWOP, I think that would be the worst punishment for her.
It won’t be long before any visitors she’s had will stop. Baez and the other defense members will not be coming to Lowell to see her.
The media will quickly move on to the next story they can sensationalize, and Casey will be yesterdays news. The only time we’ll have to hear her name is when the occasional appeal comes up – but people won’t really care anymore.
As a side note …
Casey has gotten by with her lies this far in life for 3 reasons:
#1 Cindy + George allowed her to lie. Never any consequences to be paid, or goals + expectations to be made and sacrificed for in life.
#2 When dealing with peers and her lies, Casey moved on from one different circle of young people to another, and she would ingratiate herself into their circle of friends – these were people to hang out with and for her to use to suit whatever purpose she needed at the time and then she’d move on to the next group to infiltrate.
They served some purpose for Casey to get ahead a bit – No deep friendships there.
#3 Then there’s the very few people that Casey knew since junior high that did stick around despite knowing that Casey was lying to them.
These were superficial friendships b/c Casey doesn’t have the skills for REAL friendships or relationships.
There’s no give and take or empathy inside Casey to be a friend to anyone.
These few people just passed her lies off as ‘oh that’s just Casey’ – and expected that most of what Casey ever said was a lie. She’d lie about the sky being blue.
They had just given up bothering to argue or point out obvious lies to her after awhile – it just wasn’t worth it b/c she’d lie about mundane things for no good reason + easier to just let those lies slide then have to listen to Casey make MORE lies to over for the lie you might call her on.
(I think many of us have encountered people like this in our lives)
MOO and all that jazz.
@ lizzy re: the youtube clip of kc’s rage..
IMO, THIS is the true face of KC Anthony. THIS is why I have no trouble at all believing that she murdered Caylee by wrapping THREE pieces of duct tape around her face, covering her nose and mouth. And lets not forget the fourth piece found at the scene, possibly binding Caylee’s hands.
So many people seem to have a real problem imagining kc doing this to her own daughter. We want to asign our own feelings of motherly (and fatherly) love and concern for our children to her.
Trust me when I say she has NONE.
PERIOD.
kc loves no one but HERSELF.
It’s ALL about kc. ALL THE TIME.
C10
You left out the crazy digging in the soil next to the building where the garbage bag was located. You would have thought these idiots were searching for a buried water pipe rather than a body. If the body was there, they would have created major trama to the remains.
It is common for utility workers lacking a pipe finder or metal dector to use a steel probe with a sharpened point to pierce the ground.
So do we still think Mason is wanting out?
23.Starsky says:
June 27, 2011 at 10:33 pm
So do we still think Mason is wanting out?
~~~~~~~~~~~~~~~~~~
I believe he will stay.
I agree, for now, but not by choice.
B
BLINK, what is the real deal with dumb and dumber stumbling around in that dirt and vegetation? It stinks to high heaven. A psychic was on the cell phone as Dominic is bumbling around? Blink do you think Baez was on the horn with DC to have Hoover tape him out there in preparation for the defense suggesting the body wasn’t there yet and conveniently SLOR is in jail? This is just all so confusing. I thought I was up to speed with all the madness until these knuckle heads took the stand. (HOOVER and D Casey)
Sincerely
NG
Staring at the screen right now . . .
lol.
B
Blink,
Teddy! Teddy! Teddy! Wait a minute, according to CA testimony on 06-15-11 was left with the impression something happened to Teddy on July 3, 08. Today 06-27-11 DC testimony Teddy was traveling had a round trip in October 2008 to visit a psychic.
What is up with Teddy the teddy bear?
Blink,
Here is the correction:
Teddy! Teddy! Teddy! Wait a minute, according to CA testimony on 06-15-11 was left with the impression something happened to Teddy on July 3, 08. Today 06-27-11 DC testimony Teddy was traveling had a round trip in October 2008 to visit a psychic.
What is up with Teddy the teddy bear?
Correction:
June 14, 2011 According to CA testimony Teddy missing on July 03, 2008.
http://www.wftv.com/video/28235883/index.html raw video time starting 7:05 to 7:30 / 29:12
June 27, 2011 According to DC testimony Teddy was traveling had a round trip in October 2008 to visit a psychic.
http://www.wftv.com/video/28375480/index.html raw video time starting 18:40 to 23.00 / 27.40
Blink, do you believe casey wanted to be deemed incompetent? I’m not so sure she did. Her demeanor changed, but was that just for the jury? (Or maybe its bc she is a spiteful b…..)
nope, I think Mason wanted out, and this was his only real vehicle to do so.
B
Blink – I don’t understand how Casey being declared incompetent gives Mason a pass to leave the defense team. Can you explain?
I covered this extensively yesterday, but your a long time BOC reader and contributor so your getting a pass, lol.
I believe there was a dissention in the “theory of defense” and Cheney Mason is the lead attorney, only his signature was required on the motion for competency. I believe he used the complaint that he questioned his clients “competency” as to the signifigance of the proceedings and the possible outcomes as it relates to the theory of defense, so he sought this motion to cover his ass. OR he was forced to file it, and not allowed to terminate representation because she is competent.
B
B
It was really annoying for Mr.Dominic to keep asking Frank George his
questions.Mmm he seemed to have a hearing problem except when the defense took over,he could hear the attorney’s questions quite well.
Well Mr.Dominic are you enjoying your little ride on the claim to fame
train.I wonder how Cindy felt when she was watching him testify.
Priceless
Just up on WESH.com from one of their reporters in court via Twitter feed.
” Apparently state added two Gentiva employees to witness list. #CindyAnthony’s former employer. #CaseyAnthony ”
by oscaseyanthony via twitter 6/28/2011 12:45:18 PM at 8:45 AM
yes’m.
wink from blink
B
Again from WESH reporter via Twitter
” Trying to secure official docs, but it appears to be a lawyer, systems engineer from Gentiva Health. #CaseyAnthony ”
by oscaseyanthony via twitter at 8:58 AM
I am still of the opinion that the defense (Baez) wants to tweek their opening statement..
Casey needs to be found incompetent to dress for court for her LIFE.. geez.
Hope you’re on Dana’s show tonight. Really looking forward to that!!!
From WESH.com via Twitter
” Confirmed Gentiva witnesses: Don Platt, lead tech. specialist, Kansas; John Camperlengo, senior VP/general counsel, Atlanta ”
by oscaseyanthony via twitter at 9:02 AM
CM up to bat again
Oh no, tape measure time & have the witness step down ….
All volunteers are probably cringing w/the questioning when all this witness/Jordan, was doing is searching for Caylee … which we all know now that ICA/Defense knew was dead …
I feel for the guy… geez.
The DT wants everyone but ICA responsible for Caylee Marie’s death.
AJMO
Ugggg…Blink…why oh why is Mason questioning witnesses? I can’t stand him…he’s almost as bad in my book as Baez…ALMOST. Makes my skin crawl with his snide and snarky attitude!!
I wonder what this gentleman Mr Jordan does for a living because he is so well detailed in his volunteer job of searching he’s an employers dream a dedicated employee..
From WESH.com via Twitter
” Your eyes aren’t playing tricks- there is a deputy much closer to #CaseyAnthony today- working on finding out why -jfell ”
by cfnews13casey via twitter at 9:43 AM
Blink~
Have you noticed the Sheriff Deputy today now stationed/standing BEHIND ICA ??
Could it be to preempt “some type of behavior problem w/ICA ??
I know they [Sheriff's] move around the court room but today is the first day they have had one standing so close.
Just wondering ….
AJMO
Oh Boy……Mason has his pants in a wad. Sneaky…5th amendment question.
Still Frame of ICA reaction last week ‘scary face”
http://www.websleuths.com/forums/showpost.php?p=6769261&postcount=261
For Mason I plead the Fif 1,2,3,4, Fiff
Off topic from Twitter:
” Two of Jeff Ashton’s kids are here in court today. Not the son who requested the @staydwight tie. #CaseyAnthony -jfell”
by cfnews13casey via twitter at 10:35 AM
Little Miss Blink! Nice job. The GC is the man you quoted from Gentiva, right? You are good sister..
One and the same.
B