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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Can the defense ask Kronk all of these questions like “did you tell your son you were going to be rich” “did you tell the police you needed money” just as a way to throw the jury, or does the defense have to have statements from the police and Kronk’s son saying that he did say those things in the past?
Justice23 – LOL @ GA and Grinch…made me LOL out loud.
What we are seeing with Roy Kronk on the stand with Mason is what I say is Karma. Karma from the dirty game he played with Linda this morning. CM minced words and lied to Linda. Kronk is mincing words and making Mason use pliers to get anything out of him. Sucks to be you right now Mr. Mason!!
I have decided I must be the idiot around here. WTH would anyone whose defense theory is that Caylee was put in the woods just 2 weeks before she was found want to prove she was really there in August, and potentially skeletonized.
B
Ding, ding, ding….exactly Blink!!! Touche’ awesome Blinky…touche’!
Mikkki and Justice23:
I have a lot of patience, compassion and I am considered laid-back, but Cheney Mason and his fake southern accent or whatever it is makes me want to scream!!!! I am middle-aged and respect the elderely, but what the _ELL IS WRONG THE OLD CODGER?
Roy Kronk receives the best witness of the year award.He rattled Mason
to the core
Headslap…LOLOL Okay..they put this new guy on to what? Have him testify he suggested Kronk might find the body in there. OMG LOLOL I’d be kicked out of the jury right now for laughing my head off.
I swear the entire defense team, but especially Baez, makes me want to run with scissors!!!
I’m so disappointed that I missed the whole Cindy/Lee thing this morning….however, I find it amusing that he went and sat down next to her…???
JessieG waiting outside the courtroom . . . wonder if he’ll make it in today?
The most amusing moment of this whole trial….Baez asks Mr. Dean (co-meter reader of Roy Kronk’s) if he didn’t hear a statement from GA that Caylee was close to home because GA was never investigated. LDB giggled as she objected. Sustained. LOL!
Blink did you happen to catch, during mason’s first questioning(i think first???)of Kronk, that as he(Kronk)was talking about meter reader stick thing and it’s length, blah, blah, Kronk mentions the tape he/they apply to top part/handle, i believe so it’s easier to hold – HA!! don’t post if def. can use…
I think the defense put these jail corrections employees on the stand to support their competency issue thing which could mean Casey on the stand which I think Mason is against..
Jettx says:
June 28, 2011 at 3:13 pm
I swear the entire defense team, but especially Baez, makes me want to run with scissors!!!
I’m so disappointed that I missed the whole Cindy/Lee thing this morning….however, I find it amusing that he went and sat down next to her…???
———————
Yeah, I agree. But the look Cindy gave Lee after the fact when he did was downright priceless!
Storms have been in Orlando during trial on and off the last week or so and in regard to them, found this quote on one of the Twitter’ers that had me laughing so thought I’d share:
“Good thing lightning isn’t attracted to lies. The courthouse would be a pile of ashes after the Ants testimony.”
Good one! ROFL
Did Cindy’s sudden claim that Caylee was born a month premature have something to do with covering up another lie by her daughter who said Jessie was the father?
Wow .. everyone’s on the bandwagon this evening, ROFL!
RichardHornsby Richard Hornsby
Breaking News: #CaseyAnthony attorney Jose Baez is a board certified moron, more at the top of the hour. Back to you Jim!
Baez just said, “It’s absurd to try a case this way”. Yup. You said it Baez! He is so smarmy.
He makes me run laps around my yard anymore. Otherwise, in the full ear shot of kids home from school, and potentially neighbors, I may appear unsophisticated.
lol
B
Here comes Baez with the CYA defense again about this latest depo issue
OMG the defense’s day was today was horrifying IMO.
Point, Set, Match – Prosecution. Jeff Ashton was even caught laughing today. Not sure about what but hey, even Jeff needs some laughter in his life after all the BS, right?
Jose reminds me of Joe Pesci in “My Cousin Vinny”. And everyone knows, Marissa Tomei was the mastermind behind Vinnie winning his case in that movie. Jose has no such sidekick here. Mason mumbles way too much and drives me nuts. Maybe after the trial they will re-make the movie and want Jose to play himself, LOL.
Cheney Mason’s new nickname … “Cheney Mumbles”, LOL.
I cant believe what I heard come out of Jose’s mouth “give them an inch and they take a mile “because JA asked to deposition someone , sounds more like that quote sums up the defense more than the prosecution , because the defense has done the most whining since this case started.
Why did they take Jess Grund testimony and not ask Lee
What happened with Gentiva
@ Carol says:
June 28, 2011 at 4:33 pm
I cant believe what I heard come out of Jose’s mouth “give them an inch and they take a mile “because JA asked to deposition someone , sounds more like that quote sums up the defense more than the prosecution , because the defense has done the most whining since this case started.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Second that.. Baez makes me want to upchuck..
@ jane says:
June 28, 2011 at 4:37 pm
Why did they take Jess Grund testimony and not ask Lee
What happened with Gentiva
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Gentiva employees on the Prosecutor’s rebuttal list I believe.
I must have missed a depo of Lee discussing this groping claim?
Blink? Anyone?
What bothers me the most about both Baez and Mason is how they interrupt the Judge mid sentence. They do it over and over. They show no respect. I keep thinking……. if my kids EVER did that to me….. etc….
I thought they were going to have Cindy’s supervisior testify .
The Defense has had very few “red letter” days since this trial started, I think its going to go towards conviction , and hopefully either death or life without parole .
The defense is slowly moving off their opening statement claim. They have been unable to get anything regarding a drowning in at this point. The prosecution IMO has been successful in countering all of the defense witnesses. Where this ends, we can only guess.
If Mr. Baez would or could learn how to properly form a question, he might get a little more respect and get the trial moving a little better.
Connie your comment about Mr. Mason is funny. My take on Mason is that he wants to play the sneaky Southern attorney who lulls you to sleep while he sets you up for a gotcha. The problem is, he does’t have the skill to pull that one off.
Having spent more time on the planet than most of you (all)who post here, I have experienced what happens to people as they get older regarding their abilities. It IMO is both a physical and a mental decision to become old. If one does not take care of their health both physical and mental, then one day you wake up and it is all over.
The other thing is Mr. Mason has what I call “Groundhog day” syndrome. He keeps going over the same ground over and over without adding anything to his real experience.
LOL LOL
Perfect.
B
So . . . is that a yes to Lee depo . . .
Appollies WPG, I am trying to keep up.
IIRC, and admittedly I did not review today, I do NOT believe that Lee was ever asked the question as to whether boys wonder were sent down the street with a cam, as told by mumsy.
I read my snark, get a curative giggle and lament at how nakedly vile this process it for this child, Caylee.
Baby girls bones got less air time than her killer, somepin’ wrong there.
B
In closing statements, Linda needs to say to the jury that the amount of time you have been here or close to it, you have witnessed how many lives have been turned upside down in this case, including yours, amounts to the same time casey anthony was out having a good time while her lifeless child was rotting in a swamp while she was having a Bella Vita. This being due to one person and one person alone, the defendant Casey Anthony.
I went to surburban In April while on a disney trip. There is no way one could say exactly where they enter those woods or pick out an exact spot. It was also very wet and no way I would have walked in at that time. What I do think is Storm Fay pushed her little body closer to the road or moved her around somewhat.
Mr Kronk came as a complete and utter surprise to me. I only had the media info to go on although I know that to you he was always a good guy Blink, but he was articulate, well prepared and best of all, put Mason in his place good and proper. He kept his cool and walked out of Court with his head held high; unlike the pair of weirdos from yesterday.
How does rebuttal work? Is it like the Prosecution stating their case again but only on the subjects covered in the defense case? Oh that’s a poorly put question!! But you know what I mean
I’m confused I missed Jesse Grund today.What happened?
can someone please tell me what happened with the Texas Eqasearch man please
Jane-
heart u. You have to read, we are not the update service. No offense, but lots of busy folks here.
B
Lee confuses me. Hurt, anger betryal and then snickers and smiles. Now it seems Cindy has taken the rap for drug and neck breaking etc. Not once has JB asked Lee if he molested his sis. Yet he proffers Jessie Grud who willingly says Lee did grope her and he found him standofish, odd. Lee now saying his Mom perhaps sent PI into the woods is in Aug., Sept., plus Nov. So he went back to work in Oct. Cause she was looking for a dead Caylee. Melich says Cindy told him Dec 20th she sent her men in the wood the month (Nov.) before and no body was found. Cindy denies, she said this on the stand. PI says that No one from the family directed him to the wood.
Is this a plan at a master manipulation of the jury? I always thought they all knew Caylee was dead. Perhaps Lee was the only one who didn’t know until Oct. I know they wanted to find the body in Aug., cause she was in jail. Oct. Casey in Jail. Lee goes back to work? At the Fundation? Cindy and George both still looking for live Caylee raking in the funds. Is this about a cash flow?
Watching the marking of Hoover and Dom, I could tell they were in the wrong area. Caylee was found closer to that fence. They were marking way down the street. Casey could not even drive to the end of the woods with that smell. She came to the first section of woods and dumped.
Jessie Gruds testimony, almost to me, sounded very over protecting of Casey. Did not sound like a spurrned, abused ex lover. I guess he doesn’t want Casey to die. He rather punish someone else.
Why is it a problem for Kronk to inquire about the reward or even get the reward (which I think he did not get it) but ok for killer and family to capitalize. Ok Ok this could be a lie but during one of CA’s testimony she said she did not return to work after 7/15 when she found out Caylee was “missing”.
So person that finds little Caylee gets nothing not even the reward, not to mention being blamed for hiding the body. Meanwhile CA retires and plans book etc etc and Casey got 250k
Very wrong. very very wrong.
Lee Anthony left out of baby shower – he’s hurt and angry.
Lee Anthony left out of the private investigators search for remains – he’s hurt and angry.
I think they are only a few more witnesses away from claiming that all the Anthony’s believed Lee “could” have been the father of Caylee and that is why they didn’t include him with anything associated with Caylee. It was only after the prosecution tested Lee, that the Anthony’s REALIZED Lee was not daddy. That is the possible final blow to the dysfunction and lies this family will take part in to spare Casey, to show her as a “bizarre, compartmentalized, traumatized” person.
I’ve been waiting for the big take down of George, but now think it will be Lee that is going to fall on the sword the hardest for Casey. Not that George and Cindy aren’t doing their part to spread doubt with key issues for the defense.
When Lee gets back to his seat his mommy glares at him.
I like Kronk too, but he licks his lips to much. he he.. Someone should tell him about that. Without Kronk there would be no bones.
Saw our Honoable Judge take some some meds I pray he is ok. Soon this mess will be over and our brillant Judge can rest.
If Casey Anthony testifies to that defence I don`t think the judge will hesitate to impose the death penalty upon conviction.
I think Liam said it ALL.
B
According to Vinnie on HLN, he walked (& measured) the area where Caylee’s remains were found and the location where Roy Kronk was in August. If you see the clip, it all makes a whole lot more sense. It is a much greater distance than it sounds like in testimony.
Mason is such a boob and his demeanor in court today was flat out weird. I agree that he’s nasty & losing respect from the jurors.
IMO, Casey is psyched to get on the stand against her legal counsel. She’s going down during cross & they won’t have to ask very many questions to nail her.
I wonder if Cheney Mason wishes he would have stuck with his statement back on Dec.12,2008…also retract the commentary on how intelligent Casey Anthony is…must of had a senior moment there.
Blink, I’m sorry . . . I was being sarcastic that your silence on the groping depo meant yes . . . forgetting that somethings don’t come across well with the typed word. (soft smile)
So . . . SM Radio tonight?
Yes mon frier, and you did not owe me an appolly, lol, thanks for knowing these days in the interest of time, I am as simple does.
B
@ Jane
Joe Jordan pled the 5th amendment. I did a hasty google for a link. I hope this helps
http://tinyurl.com/68hxqcs
I am sorry Blink I was trying to catch up reading as I couldnt watch today I was in real withdrawal…….I couldnt find it My daughter called me to tell me but she made a short story short Sorry
Here’s a useful link for those asking specific questions about the trial. You’ll need to go through the parts to find what you’re looking for.
Hope it helps.
http://www.wftv.com/index.html
I heard you on the radio show tonight. Great show! There was a point when Dana asked you what you thought of Lee’s testimony today and how he thought Lee was neutral up to this point. I think you were agreeing with Dana and going to comment on what Lee did today- but then got interuppted. I wonder if you can share those thoughts with us ….about Lee’s neutrality and what you think he might be up too. I’m very curious about what Lee might be up to, if anything, to help his sister. Or, if you think anything the Anthony’s will testify about will cause the jurors to think Casey is not at fault. Thanks!
17.justice23 says:
June 28, 2011 at 4:33 pm
Jose reminds me of Joe Pesci in “My Cousin Vinny”. And everyone knows, Marissa Tomei was the mastermind behind Vinnie winning his case in that movie.
~~~~~~~~~
Oh, Justice, noooo way. ROFL!! I know. Vinny couldn’t quite wrap his mind around ‘discovery’…LOL!…and had some problems comporting his behavior in the courtroom, but he knew EXACTLY how to question his ‘expert’, Mona Lisa Vito (Marisa), and let her shine, and this enabled him to when his case.
Besides, Vinny had some charm.
28.chelsea says:
June 28, 2011 at 5:56 pm
Mr Kronk came as a complete and utter surprise to me. I only had the media info to go on although I know that to you he was always a good guy Blink, but he was articulate, well prepared and best of all, put Mason in his place good and proper. He kept his cool and walked out of Court with his head held high; unlike the pair of weirdos from yesterday.
~~~~~~~~~~~~~~~
Absolutely, Chelsea. After listening to the Anthonys on the stand, Roy Kronk was a breath of fresh air. I think he came across as a credible witness, and likely someone with whom the jurors could relate. IIRC, I saw a post that mentioned the former meter reader Kronk isn’t very smart. Well, I will say this about that. He may not have multiple scholastic degrees but, IMO, he held his ground against Mason better than most degreed experts we have seen in this case.
Bravo, Mr. Kronk, for a job well done.
That’s funny My Cousin Vinny came up because I think of that too…. only because Frank George reminds me of Joe Pesci in a way
I have to vent that I cannot wrap my head around this frickin family, and I know everyone that’s been following this case feels the same way, however, I don’t think we could ask for a better crowd representing little Miss Caylee. As soon as the PROsecutors finally get the mic, I’m on the edge of my seat (while I’m at my desk pretending to work). Reading as many twitter updates as I can regarding jury reaction I’m pretty positive they feel the same way. The defense, If they ever HAD a point, seem to completely lose everyone because they can’t get to it clearly. Blind Baez and his old seeing eye dog.
I will say that todays testimony was quite entertaining. Mason Definitely got Kronked!!
GraceintheHills and Chelsea. Yes, I agree. Mr. Kronk is a hero at this trial. Bravo again Mr. Kronk. You have done well for the spirit of Kaylee Anthony.
I applaude you Mr. Kronk.
I would also like to weigh in to protest that statement that meter readers aren’t smart. My Dad was a meter reader for most of his career with a utility company in a large city. He started college but didn’t finish due to by brother being born (back in the day..) . He sent me through 4 years of college and my brother for 2. (Mom did not work too long and no family money). He helped me on projects for which I won a city prize in a large metropolitan area.
So I protest stereotyping people based on their occupations. These days some of our states like mine are so bad off, it is like winning the lottery to get any job. It made me feel good to see RK dodging the tired (and probably disgusted) CM, a true triumph.
As far as dysfunctional families, it has been estimated that up to 90% are, so how is that an excuse to be let off a crime – shall we open the jails and prisons and let out the people from dysfunctional families?
I feel sorry for Lee trying to think clearly when he has grown up in such an atmosphere of lies and twists. Cindy’s behavior on the stand is shocking, how many years has she been doing that? I wonder if it makes her former employer question any of her behavior there? It is so easy to “stretch the truth when one is in the habit.”
I am not a Floridian, but I do know some and I am getting pretty angry about this huge colossal waste of funds and the off the charts selfishness of people who think they can play such massive games. Even a lot of the duh-fense witnesses are a waste, IMO
If ICA wants to take the stand, now we know she can. She may just want to do that as her swan song and go down in flames, but she enjoyed it and she got to be a massive center of attention. Prolly living in semi-solitude is not good for her who is so off on an alternate reality that she can even stay that way throu the trial as she acts like she is at a show or party and thinks eventually she will be let free to be a celebrity.