She has been convicted of providing false information to a law enforcement  officer only

]]> http://blinkoncrime.com/2011/07/05/casey-anthony-not-guilty-of-murdering-caylee-anthony-guilty-of-lying-to-le/feed/ 899 http://blinkoncrime.com/2011/06/27/cayleecasey-anthony-trial-bombshell-james-cheney-mason-is-out-real-or-rumor/ http://blinkoncrime.com/2011/06/27/cayleecasey-anthony-trial-bombshell-james-cheney-mason-is-out-real-or-rumor/#comments Mon, 27 Jun 2011 11:32:49 +0000 Blink http://blinkoncrime.com/2011/06/27/cayleecasey-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.

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.

No such luck. This former Gentiva Supervisor, Licensed by the state of Florida as a registered nurse, now thinks she may have  been home on the days of March 17th and March 21st and her former employer, required her and other salaried employees to falsify their timecards in an agency subject to HIPAA regulations. 

Mrs. Anthony, although it would mean she came home for less than 30 minutes on both days, if she indeed returned to work, brought her own smell of decomposition.  Decomposition of her loyalty to the legacy of her 34 month old grandbaby, Caylee Marie. By the time of this publication, I have requested comment from John Camperlengo, Gentiva Chief Compliance Officer, and will post upon reply.

UPDATE: The Following Is the Reply I received from Senior Vice President, Chief Compliance Officer and General Counsel to Gentiva, John Camperlengo, published with permission.

Thanks for your note.  As a matter of policy, Gentiva does not comment on matters being litigated before the courts. What we can tell you is Gentiva complies with all relevant Federal and State regulations, rules and guidelines concerning patient and staff records. And we cooperate fully with responsible authorities when requested to aid them in research in investigations. Best Regards, John

O and Cindy, thanks for bringing up your concerns about the dogs eating bamboo leaves. Further computer forensic scrutiny shows that the dogs were PRECLUDED from being in the backyard as a result. Which, Casey knew, and certainly strongly assissted in avoiding detection of her granddaughter’s remains in her playhouse for days. Not to creepy, not to soul-less, right? Did the Baez/Rosebud braintrust consider they gave the jury exactly what they needed to explain Casey Anthony’s alternative universe and fancy for pathological lying? Apples and Trees, as we say in Jersey. God Rest this child in your loving care, which begining June 16^th, is the only loving care that has mattered.

 (Editor’s Note: I apologize in advance for offending any readers with my editorial,  I am a victim’s avocate before a journalist anyday.)

If your watching the murder trial of Casey Anthony, for the murder of her daughter Caylee as the defense is presenting their case in chief,  you are watching Jose Baez et al building their own THE BODY FARM, of defense witnesses, that is.

For those of you who wish to maintain your decorum and have been advised to remove sharp objects from your reach, I offer the Blink hilight reel.

Fly In The Ointment.. Or Chew Lugie

Dr. Timothy Huntington, who was the defense entymologist expert , swarmed in, stating that the flies and larvae were attracted to the contents of the trash bag.  In short, his opinion was the blowflies, known for their ability to smell “happy hour” within seconds, were nearly absent from the trunk, and that the ones found were attracted to whatever decomposing food products, or garbage, that were NOT present.

Yep,  I said NOT present.  Jeff Ashton opened the evidence of the soda can reflecting no chew spit, and the “salami” packaging which actually held a piece of paper disguised as a food item, apparently.

Dr. Huntington’s “pigs not in blankets” experiment, where he had someone kill pigs and stash them in the trunks of various cars to prove the rate and amount of blowflies present in contrast to those found in the trunk of the Pontiac Sunfire, forgot to duplicate conditions in anyway, specifically, double trash bags wrapped in a laundry bag.  Dr. Huntington was forced to admit he has zero relevant experience in this area.

Like a moth to the flame, State Attorney Jeff Ashton drew Huntington into his “web of truth”.  Huntington, for purposes of this piece, was not at all comfortable on the prosecutorial flypaper; he said it “rides up” after a while.

It is not known if  Dr. Huntington left any puparia in his seat when he was excused from the witness box.

From Founder To Flounder In Taphonomic Wikigate

William Rodriguez, Phd, the defense expert in taphonomy, or the study of decaying organisms over time through fossilization has an impressive resume.

founder-  one that founds or establishes

flounder (v)-  to make clumsy attempts to regain one’s balance.

The good Dr, under oath, claimed to be a co-founder of  infamous THE BODY FARM in open court.

Not according to THE BODY FARM, or it’s actual founder, Dr. Bill Bass.

Dr. Rodriguez was already a subject of contention, or possible contEMPTion,  for drastically altering the opinion and findings he reported, versus what he is now prepared to testify to, thus violating Judge Perry’s order for what is now going to be the third time.

However, it is a whole different animal to claim a co-founder status, than the actuality, which was a teaching assistant, and at times,  window washer.

Because the State of Florida believes Rodriguez’s change in testimony is in effect a discovery violation, Judge Perry has since reserved ruling on the infraction until the trial’s conclusion.

Wait till he hears this BOMBSHELL.

Immediately Prior to Publication Update:  Rodriguez is OUT.  Details To Follow

Shoddy Is As Shoddy Does

By far, one of the more painful witness cross-examinations to date,  Werner Spitz, MD, was like flying coach to Thailand seated next to a newborn with an ear infection,  that has run out of booze in the first hour.

Dr. Spitz’s obsession with his pocket-cranial saw for all occasions not withstanding,  his testimony under cross, following a celebrated 56 year forensic pathology career involving the Assasinations of  President JFK and Dr. Martin Luther King was an affront to the profession, period.

At one point, he referred to the autopsy conducted by Jan Garavaglia, of “Dr. G” fame, as “shoddy” because she did not remove the “cap” of the skull, and therefore could not see the brain; although little Caylee Anthony’s remains were completely skeletonized with no soft tissue whatsoever.

When Dr. Spitz told the jury that he believed that the reason the mandibular bone appeared almost in full articular placement was because the duct tape was placed “on the left side only” after the toddler was completely decomposed, jurors were observed actually smirking at the man.

He was unaware there were 3 separate strips of duct tape affixed, and overall seemed to defy most Medico Legal Investigation of Death protocol in unnatural death investigation ,  which sadly, he is actually the co-author of.

Career, Interrupted.

Definitely A Fortnight…. Yes For Sure… Maybe Not

Dr. Jane Bock, the defense botany expert, as I have covered exclusively previously, is a lovely woman and accomplished professor.

She was also the benefactor of  Jeff Ashton’s gentlemanly handling of her testimony during cross examination this afternoon.

Dr. Bock went from the sublime to the ridiculous in her assertion that Caylee could have completely skeletonized, and grown herself a “root wrap” via her Pooh blanket.  Mr. Ashton was kinder than I would have been, to his credit, and to my “note to self about humility”, because I have written about her prior case work and it would have been entirely relevant as an impeachment item.  That said, I will follow his lead.

With no personal disrespect intended whatsoever to these “experts”, professionally, you betcha,  I have to ask,  did Jose Baez pull these folks out of a matinee complete with the AARP discount for a COCOON screening?

How is it, these seemingly accomplished, highly educated forensic professionals with career paths the envy of many a grad student,  were willing to throw their credentials behind such ludicrous opinions that were completely unsubstantiated by findings or evidence,  simply to have their names associated with this case. Make no mistake, that is exactly what happened here.

Being an expert defense witness, real or perceived in this case, makes going into one’s twilight  a solid 401K extender.

Blink discussing witnesses and developments after press-time LIVE tonight on THE DANA PRETZER SHOW.

Special Guests:  Diane Dimond, Mark Nejame, and Blink, Editor In Chief, www. blinkoncrime.com

Images by Klaasend.

Woof!

Dr. Fairgrieve, a forensic anthropologist and expert witness listed for the defense, intends to testify that Casey Anthony should have the right to confront her accuser.

Novel, appropriate, good news.

In this instance, one of her accusers with fur, according to her defense attorney, is named Gerus. The other, Bones. 

For starters, if the summary of Dr. Fairgrieve’s findings is accurate as presented in this filing, I recommend as a practical matter, he identify exactly what “alerts” he is seeking to debunk.

There are several, all of which are well documented.

Evidence Bay with a closed car:

Casey Anthony’s Car: Detectives reported a different dog alerted to the same strong smell in the trunk after the white Pontiac had been abandoned in a parking lot.

“They have a hypothesis that the child may have somehow passed away,” Dr. Richard Weinblatt told Eyewitness News.

The ole probative vs. prejudicial argument is not unexpected in this case, I get it.

However, two different cadaver dogs, from two different counties, hit in the same area under or near Caylee’s playhouse. This was AFTER the alerts in the evidence bay on the car trunk, and both searches were conducted with permission from the Anthonys.

That would be the car trunk that produced one latent lift from the accused in this case, Casey Anthony.

Under Dr. Fairgrieve’s theory of “necessary corroboration”, we, in fact, have exactly that.

The hairs that were found in the trunk, including the hair with the “signs of decomposition” corroborate the canine’s alert as well as the report from Oak Ridge Labs.

Let us not forget, that a statement from the car’s owner and material witness in this case, concurs with the presence of decomposition in the damn car.

Reached late this afternoon prior to his Canine Christmas Mixer, www.blinkoncrime.com caught up with Gerus:

Seriously, that dude has my dander up daily. He needs to stay out from under my collar.

I know what I am doing at my job. And by the way, who is calling who a TOOL?

You tell that *My Cousin Vinny wanna be* that he should take his unearned legal hubris and shove it, where in my line of work, I don’t have to sniff.

Unlike him.

Speaking of hubris, a message to George-

The headline is not going to read ” Casey Anthony Not Guilty of Murder By Hereditary Hubris”

It is going to read..

“Apparent Shared Hubris Defect Cause for Casey Anthony to Blame Father in Caylee’s Death.”

Be like a burger and flip already. It’s all you got.

ps. “Shared Hubris Defect” is mine, J to the B.

Has Jose Baez, the defense counsel for alleged child murderer Casey Anthony had his first good idea by providing more inaccurate information for a motion on behalf of his client? Seems to me rendering the object of your defense strategy, lawyer-less, works in her favor.

He is the 3^rd attorney to withdraw from representation of the Anthony’s behind Paul Kelley and Mark Nejame, respectively.

The resignation comes following a week of terse publicly released emails between Cindy Anthony, Mark Nejame, Brad Conway and Jose Baez.

Who’s to Blame?

Not the Anthony’s, says Conway. In a letter appearing on Wesh:

With regret I am forced to resign as George and Cindy Anthonys attorney. The defense motion filed on August 9, 2010 contains allegations that are not in fact true. As an officer of the court I cannot stand idly by knowing allegations involving me have been misstated. I am now a witness to an innacurate legal pleading filed in our court system. As such, I cannot continue in good conscience as a legal representative. George and Cindy Anthony have done nothing improper, it is the failure of the defense to verify the facts alleged in their motion that forces my withdrawal. I will continue to support the Anthonys, will continue to attend hearings and the eventual trial and most importantly I will continue to search for the full truth regarding the killing of Caylee Marie Anthony.

Bradley A. Conway, Esq. Law Office of Bradley A. Conway 189 S. Orange Ave. Suite 1850 Orlando, Fl. Office: 407-246-0803 Fax: 407-386-3114