Orlando- Fl,  In a fitting twist to the latest saga that is Casey Anthony since she was acquitted in 2010 of the murder of her 34 month old daughter Caylee,   Miss Anthony is not getting off the hook for her financial obligations as easily.

Photo Courtesy Associated Press

Anthony was seen for the first time publicly on March 4, 2013 at the meeting of the creditors, referred to as a 341 meeting- she is required to attend.

Since that time the attorney for Zenaida Gonzalez,  John Morgan, has filed a motion to evaluate Anthony’s estate and financial affairs after hearing that she received financial support for living expenses from her attorneys ( gee, wonder if that is from any she is claiming as creditors in the petition- that would be a bar no no.) and also from undisclosed “friends.”

Not to be outdone,  last week the trustee HIMSELF filed a motion to auction and sell the “asset of the estate”:

Join me tonight as The Host of the Dana Pretzer Show- scaredmonkeys radio’s  Dana Pretzer and I discuss new developments in the Casey Anthony saga and the disappearance of Kyron Horman.

Dana also features special guest Mike McIntyre.

Listen LIVE at 9 PM

Podcast will be loaded after the show.

Orlando, FL- Jennifer Kesse, the newly promoted mortgage process engineering manager for Central Florida Investments, parent company of Westgate Resorts was an upstart.

Recent BOC article coverage can be found here, here and here.

After interviewing with upper management for other advancement roles within the company- her new position was actually created For Her.

Was this a forward and prophetic corporate strategy based on mortgage industry trending data?

Was her promotion a result of Jennifer’s own market analysis and efficiencies recommendations to the suits on the top floor?

Yes and Yes.

At 24 Jennifer Kesse was the youngest new manager among her peers in their respective management roles at CFI.

While she did not have the subordinates they did reporting to her directly, the initiative she was leading and launching was going to save the firm almost $900,000 annually.  The installation and rollout of a new debit system interface allowing timeshare owners to pay fees, mortgages and incidentals by ACH automatically was a corporate priority for Westgate Resorts.

Which is why on the morning of Tuesday January 24, 2006, the day after she returned from a brief trip with her boyfriend Robert Allen- when Jenn did not show up to her office in Ocoee, there appeared to be immediate concern.

According to Jennifer’s outlook scheduling calendar she did not have an interoffice meeting until the afternoon.

By 11:15 her parents living two hours away in Bradenton were called to see if she had some sort of family emergency.

The exact escalation of events within CFI leading up to the phone call and who made it are being withheld for investigative reasons.

By noon, a trifecta of calamitous and simultaneous events takes place.

Drew, Joyce and Logan Kesse, speeding from Bradenton to Orlando in a respite from paralytic panic reach the property manager of Jenn’s new condo at Mosaic On Millenia and learn her car is not parked in her spot.  She is not inside.

A self-confessed admirer and now CFI lateral management peer, Johnny Campos arrives 4 hours late to the Ocoee office.

The only suspect ever declared to date in Jennifer Kesse’s disappearance is parking her vehicle while captured on 3 separate closed circuit cameras at the Huntingdon Tavern On The Green Condominiums and apartments.  It is less than a few blocks from two large CFI warehouses and within a mile of  several CFI owned properties.

By late afternoon The Kesse’s, Rob Allen and Jennifer’s closest friends were using her condo as a command center to develop immediate and organized searches for her.

Detectives Julius Glenn Gause II and Joel Wright of the Orlando Police Department respond to the scene.

Detective Gause assures the Kesse’s that Jennifer had a fight with her boyfriend Rob Allen, who is now standing in her living room vehemently disagreeing with his investigative assessment.  Who can blame the guy?

Gause’s opinion was reached without ever interviewing a single person who was  not on-scene, and was sure she would be back by tomorrow.

In a mandatory meeting called at the request of Central Florida Investments CEO David Siegel and conducted by Chief Financial Officer Tom Dugan, it was announced that Jennifer Kesse, a respected and valued member of the management team had been reported missing.

Dugan adamantly assured all that the company would encourage  employees to join any organized search efforts to find her.

Jennifer did not return as Gause predicted.

Her car did however, and on January 26^th   her case  was declared a criminal investigation.

The First 48… Months

Upon the classification of Jennifer’s case as a criminal investigation,  J. Glenn Gause told the Kesse’s that his partner  Detective Joel Wright asked what he considered a dumb question during a briefing.

As a result, Gause informed- he kicked him off the case and requested new partner Det. Emmett Browning.

While such a move would  obviously be outside of Det. Gause’s authority, it is more likely the pair were reeling from the Internal Affairs investigation that ensued after they knowingly interviewed John Evander Couey after his arrest for the murder of Jessica Lunsford.

Shortly after Couey’s confession to Citrus county detectives was thrown out of court because it violated Couey’s Miranda rights,  Gause and Wright decided to inform their Orlando PD sergeant that they interviewed Couey following his arrest in Citrus County on the chance he might be a suspect in the Regina Armstrong murder because he grew up in Orange County.   They claimed he actually confessed to the Lunsford murder.

The confession was not recorded and at no time did either detective inform the Citrus investigators or their OPD supervisor of the visit itself- let alone  Couey’s statements made to them.

That is, until they learned his original confession in the Lunsford case was inadmissible.

Interviewing an incarcerated man who is represented by an attorney with charges pending in a potentially related case without permission, notes, or a recording by veteran detectives is outrageous.

John Cuoey was 5’4”, 125 lbs with a flag tattoo.  The suspect composite from direct witnesses in the Armstrong case was a man around 40, 6 ft tall with medium build and a mermaid tattoo on the opposite arm.

They were lucky their actions did not derail the prosecution of both cases.  The second alleged confession was also thrown out and reprimands to both detectives remain private in their respective employee records.  Regina Armstrong’s murder in 1985 remains unsolved.

John Evander Couey died of natural causes on death row awaiting execution for the rape and murder of Jessica Lunsford. (more…)

West Memphis, Arkansas- On Wednesday May 5, 1993 three eight your old cub scouts and best buds Michael Moore, Stevie Branch and Chris Byers ventured into the RobinHood Hill Woods after 6:30 PM.

While their worried parents made numerous calls to police and actively looked for them in the area into the late evening, there was no sign of them in spite of neighbors going door to door.  Unfortunately there was a shift change at the West Memphis Police Department, and no detectives were called in until the following morning.

That critical error by the WMPD is the start of a voluminous list of mishaps and negligence that would plague this case from the onset, and quite possibly earn Damien “Icky” Wayne Echols (a/k/a Michael Wayne Hutchison) Charles Jason Baldwin, and Jessie Lloyd Misskelley, Jr, a new trial.

I was asked to review this case and present my findings to a colleague who had been privately retained in this case, with the agreement that I would publish my investigative report regardless of the conclusions I reached

In the interest of disclosure, I am admittedly a big fan of Johnny Depp and Eddie Vedder and I wanted nothing more than to let them know they could count me in as the newest advocate for “free west Memphis 3”.

First, The Good News?

At the onset of my research, I thought it was pretty clear that there absolutely was juror misconduct in the Echols/Baldwin trial, which has yet to be ruled on for the defense team, and I agree that the same judge who heard the instant case should not have heard the appeal, especially in a capital case.

As a practical matter, lawyers, specifically defense attorneys, are charged with extracting the “guilt or innocence fact” as it relates to the crime and zealously defending their clients rights and presumption of innocence.

Conversely, the prosecution is charged with presenting a case they believe will result in a conviction of the indictment as presented, while adhering to the rules of criminal procedure under the Arkansas supreme court.

I think it is a fair statement to say that in both trials, neither endeavor was accomplished and we should all be uncomfortable with how it could threaten our collective rights under our constitution should it go unaddressed in general, and  not just in this case with these defendants.

The larger issue at hand, is changes to DNA statutes and the states plain language misapplication of the “actual claim of innocence” under rule 37.

Simply put, it means that the new evidence, testing, the evidence of any jury misconduct, when evaluated with all other evidence both inculpating and exculpatory whether or not it was presented at trial, is a second bite of the apple- FOR BOTH SIDES.

The burden, however, is on the defense to argue that a new jury would likely acquit all three based on the totality of that evidence today. It should be noted that the Supreme Court will rule on this hearing as to whether or not a new trial is warranted giving EQUAL weight to direct, physical and circumstantial evidence, which is also the charge to a jury.

I support the hearings to begin December 5, 20011,  with cameras present because I believe in transparency and the law is clear that it provides for “higher burdens” in capital cases.

I purposely studied trial transcripts pleadings and filings in advance of all actual evidence and exhibits because I did not want any basis I had for procedural errors to influence my opinion.

My advance apologies for those reading that are new to the facts of this case for leading with the caboose,  there is a method to my engineering.

To an extent, I can bifurcate the issues of guilt or innocence vs. our rights under the constitution to due process.

I am less open to it given the recent verdict in the murder trial of Casey Anthony, where the similar problem but different verdict of no direct physical evidence tied to the accused resulted in her jury acquittal, but that is not the only topical comparison one can make between these two cases, more on that in the final installment of this series.

Brief Background: West Memphis Three Support

The HBO Series Paradise Lost, a documentary filmed by Joe Berlinger & Bruce Sinofsky’s company Creative Thinking International with the full participation of both the prosecution and the defense, paid for a portion of the defense of Echols and Baldwin directly to their lawyers and to them by way of a  trust in the name of their attorneys.  Once the victim’s families learned of this, each of the victim’s families was paid an undisclosed honorarium for their participation in 1994, prior to its airing in 1996.

Although Baldwin and Echols benefited financially from the arrangement,  they sued their attorneys Dan Stidham and Val Price for ineffectiveness of counsel and conflict of interest.

Loosely translated, they have accused them of not hiring defense expert witnesses and well, ineffectiveness.

It is due to that ruling we are sort of “where we are now.

That said, the funding for expert witnesses for these proceedings have been and continue to be paid in part by Arkansas Take Action (ATA), founded by Lorri Davis,  Echols wife.

The major celebrity fundraisers and contributors to West Memphis Three via ATA cite “Paradise Lost” as the impetus for their personal advocacy and sponsorship.

I can’t say that I would have blamed them then, as it was not until the series aired, and the “slant” of innocence of the accused by the producers became known to the prosecution and the families, and all but one family member of one of the victim’s declined participation in its sequel.  Naturally my first reaction to various organizations, including ATA post conviction fund raising for the defense of 3 convicted murders was a violation of the son of Sam law.

Not in Arkansas. A convict can use funds raised on its behalf for its defense. Let’s hope recently elected Senator David Burnett, the former judge on this case has amending that law on his action item list this year.

Playing to The CSI Effect- Excellent Strategy

Last November, In response to a united appeal decision by the Arkansas supreme court, previously denied by the circuit court in 2007 and argued by famed attorney Dennis Riordon on behalf of Echols, Baldwin and Misskelley, the west Memphis three were granted a new evidentiary hearing to take place on December 5, 2011 based on further DNA, fiber and hair analysis.

It is the goal of the defense team to use the hearing to win a new trial.

Last month, the case status update reports new DNA findings exclude all three suspects.  There are 2 spots on a victim’s shoe that are the profile of a common unidentified male, and another spot with a different male profile.

It is the defense’s position that this exonerates Echols, Baldwin and Miskelley, because it does not belong to them, which was stated similarly in just about every news article as well.

It does nothing of the kind, as there were over a dozen WMPD personnel on scene who could absolutely be the origin of the DNA.

The defense claims it is “not their job as a defense team” to establish whose DNA it is.

While that is true, presenting that evidence as exculpatory has already been addressed by the court on it’s own merit. Consideration by the court of this evidence, and all other evidence whether presented at trial or not is in effect, giving the state the power to decide guilt or innocence and makes the rule 37 “ruling” moot.

This is a very wide berth for both sides, and in this author’s opinion, a “be careful what you wish for situation” for at least one defendant, if not all three, ultimately. (more…)

Orlando, FL- I thought my chapped skin was over.

Read, shower, repeat.

Write, ignore call from editor, shower, repeat.

The OCD I developed during the case of the murder of Caylee Anthony by her TotMom, The C word, continues.

Anger over the death of an innocent child is understandable, fierce loathing when the accused is her Mother, is justified.

What is not, is the minutes of our day one devotes to the C word.

Angst is power, nobody will argue that.  What is decidedly MOST powerful, is quitting Casey.

Images of fake checks with non-existant banks and non-existant companies are hitting the web to act as a barometer of the public’s interest and acceptance.

The porn industry rescinded an offer to C word, if that does not say it all, I don’t know what does.  Let’s say they tend to be a less judgemental crowd on occasion.

I am calling you out.  I am calling me out.

Quit caring.  Quit Casey = Cashless Cow

If you want to be a color form in this girls chloroform play set,  I cannot stop you.

What I can tell you, is that these payday wannabees have been Trumped.

Literally.

Between The Donalds’ hair being real and him getting a look up President Obama’s unmentionables bearing a birth certificate on a whim, who do these ilk think are going to give them “equal time”?

IT IS WORKING. REPEAT. IT IS WORKING.  WE ARE WINNING.

Even Rupert Murdoch says “If a single person in my US offices so much as says that *%?#/’s name out loud it will make Rebekah Brooks stay in the big house look like a debutant cotillion, whatever that is.”

Here’s what happened:This is the most notorious and nationally covered case since The O word, and this felon and her counsel can’t get a legitimate network meeting.

Yep. The Moral leprosy crew are singing for supper.  Industry insiders will tell you that the rumor mill has produced a steady call of public outrcy at the mere notion their firms would consider any deals with Cword or her defense team, and the existing artists threatening to walk if they do.

Simply put, it is tantamount to scheduling a tsunami in your lobby.  Not even Don Draper could pull that off.

Ms. Folmer, reached from her latest promotion to washroom hand towel service  had this to say:

Due to my journalistic integrity and because nobody told me we could not cancel a check after a verdict, I was wondering if I could fill a role in Jackass4 or Roller ball 10.   I look forward to meeting the jury members, your among friends.

Late this morning, calls to THE BAEZ LAW FIRM for comment have not been returned.

A woman answering the phone at Jose Baez’s office who declined to be identified,  told Blink,  Editor In Chief of www.blinkoncrime.com:

Good Luck getting a call back, he has been sitting in his office for two days hitting the redial button to the News of The World Offices trying to get a live person on the phone.   He is convinced he can swing a deal with somebody over there. Any Suggestions?

Sure,  I answered, tell him to hit the O button,  and just keep holding, they have a very busy switchboard.

July 19, 2011

Below is the State’s response to comments made by Mr. John Bradley, designer of the software CacheBack, in today’s New York Times article.

Two software programs were used for conducting computer analysis of searches completed during the Anthony trial. The results produced by CacheBack returned results of 84 visits. The second program, Net Analysis, returned results of 1 visit.

After the results were mentioned in court on June 23rd, Mr. Bradley contacted the State the same day. He consulted as to a potential rebuttal to the defense regarding the error in his program and
recommended using Net Analysis findings. All findings had previously been supplied to the defense in discovery.

On June 27th the discrepancy was discussed with Mr. Baez and both he & the prosecution agreed to use the Net Analysis return of 1 site visit count as the most accurate information available at
the time. If additional information became available, the State agreed to disclose. Mr. Baez brought the discrepancy forward in court testimony and again at closing with his court exhibit.

During jury deliberations Mr. Bradley admitted to sending additional report information to the wrong email address but was able to deliver information to prosecutors on the evening of July 4th. On July 5th prosecutors prepared a Notice of Supplemental Discovery for defense but it was never provided because the jury had reached their verdict.

Mr. Bradley never told prosecutors that the searches or the dates and times of the searches were inaccurate. The only inaccuracies discussed were the visit counts discrepancy and that each software program (CacheBack & Net Analysis) revealed a different number of total records. Again, all of this information was disclosed to the defense in a timely manner.

We are dismayed at the suggestion made by the defense that prosecutors would withhold exculpatory material. Court records show that the defense was completely aware of the issues, utilizing these facts at trial.

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So as y’all can see I had this ready to got at 4PM Jersey time.  Storm and elements, my bad.