Could Judge Perry be wrong, Defense right?

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Have no idea what happened, but suspect it was due to jury selection procedure. So could for once Judge Perry be wrong and the defense right?

Ironically named, Perry v. State, 675 So. 2d 976 (Fla. 4th DCA 1996), might hold the answer.

We find that the court did abuse its discretion in this case when it terminated voir dire before defense counsel had an opportunity to question all of the jurors individually. A number of factors have led us to this conclusion.

First, this was a capital case, and thus involved twice the usual number of jurors.

Second, it was the type of case which could generate unusual emotional reactions from jurors because of the senselessness of the killing and the ages of the participants.

Third, the number of jurors (forty-five) from which the selection was being made was large.

Fourth, exercising more than the seven peremptory challenges the defense did use would have resulted in the possibility of jurors being seated who had not been reached by defendant for individual questioning.

Comments

56 responses to “Could Judge Perry be wrong, Defense right?”

May 18, 2011

Benny

Thank you for posting this.

It supports what I was thinking – that the defense is taking the juror selection process to the appeals court.

Of course the hysterical masses are going to thing Casey is taking a nth hour plea deal.

I highly doubt it!

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May 18, 2011

Interested

I don’t know if that was why the court went into recess, but the freight train on the express, arrive on time at all costs, approach Perry has been taking makes me awfully uncomfortable.

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May 18, 2011

nums24

Irony follows this case. I think you’re right or that JB was fired. Jean Casarez of InSession reported the defense team eating at 2 separate tables during lunch today. Baez had left the building immediately before that. KC was seen wiping tears upon returning to court after the lunch break.

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May 18, 2011

Kara

Would a higher court hear and rule on the jury selection process by tomorrow 830 am in order for jury selection to resume? Or would Judge Perry continue selection as the defense waits for a ruling? (If yes, did he put the case in recess until the morning because Baez was not present after the break?)

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1. May 19, 2011
  
  kookooznest
  
  Correct me if I’m wrong, Mr. Hornsby.
  It’s my understanding that the defendant has the choice of whether to proceed without the lead counsel but with the rest of her attorney-team, or whether to delay proceedings until lead counsel returns. I don’t believe that this defendant would ever proceed without Baez being present, given her personality makeup. jmho
  
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May 18, 2011

Sue

Why Couldn’t Judge Perry Bring the case back to Orlando and Draw a Jury
from several different counties surrounding Orange. That way news isn’t just centered
in the Clearwater area where the longer they sit you have more chance of a tainted jury
Draw people from like 5 counties make them come to Orlando and don’t release the area
they have all come from

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May 18, 2011

Kara

(It seems Mr. Baez contacted In session and HLN to tell them to stop speculating, it was a private matter)

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1. May 18, 2011
  
  Richard Hornsby
  
  Considering every media outlet is reporting the same “text,” it is more like he sent out a mass text.
  
  On a side note, I don’t think he is sick. Considering Ann Finnell powered through the last few days sick as a dog, there would be no reason Mr. Baez couldn’t.
  
  Rather, I bet he has a truly personal family emergency that he had to deal with.
  
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  1. May 18, 2011
    
    Kara
    
    Knowing several cook county- Chicago defense attorneys, I must agree with you. It had to be something unrelated to the case at hand. The attorneys I know, would be at every hearing and were. (Or have a trusted co counsel.) They never left us. PERIOD!
    
    Reply
  2. May 18, 2011
    
    Mimi
    
    Orlando Sentinel reported Mr Baez was spotted this afternoon outside his car in Pinellas near his hotel smiling and talking with some defense attorneys. Would he conduct his “private” emergency from Clearwater?
    
    Reply
  3. May 19, 2011
    
    kookooznest
    
    I agree with you that he wasn’t sick — his color was within normal limits if not tanned, no pallor; his lips didn’t looked dry or chapped (on camera, anyway) so no evidence of dehydration (thus no diarrhea, no vomiting, no food poisoning, no stomach flu), he wasn’t coughing, he didn’t have rhinitis/runny nose or blow his nose, and seemed focused. Ann had an upper respiratory virus that ran its course, & I suspect if the defendant began having symptoms today, they’d peak by Sunday & it wouldn’t be a reason for her to delay or miss the start of trial on Monday …. unless she’s able to get away with melodrama & extreme self-indulgence….but she’s in/near the medical unit so that should speed up her “recovery”.
    
    I also agree with you that there wasn’t a plea deal shaping up… when the defendant changed her plea from not guilty to guilty in her forgery/fraud case, in the week prior there were some vague “inklings” in the media that alerted the public that the status had changed…then a hearing was cancelled, & it was reported that meetings were ensuing, then it came flat out that the State had made her an offer, the terms of which she didn’t accept, & at that point, it was unclear whether there would actually be a plea deal or not. Then, before you knew it, media announced it & at the hearing it became obvious that the defense had requested a bench plea.
    
    None of this type of thing took place on or prior to Wednesday, & this is a much more serious & heavily covered case than that was so you know for sure that if some type of deal were coming down the pike, “somebody” credible would be heard saying something….& none of that happened.
    
    Reply
May 18, 2011

TM

Doesn’t seem to be a relevant case. The judge in that case restricted the time for voir dire and eventually halted it completely, forcing the seating of the jury without a complete questioning of the panel. While I have many questions about the pressure Perry is putting on the lawyers to rush to seat a jury, he absolutely has not limited the time for questioning.

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May 18, 2011

TM

Judge Perry’s original timeline seemed very unrealistic, and it has proven to be so. Moving to Pinellas was a great move, and it seems to me that a jury can be seated from here quite easily, if the process is given enough time. Overall, the percentage of potential jurors dismissed due to exposure to media coverage has been rather small, hasn’t it?

I am wondering why Baez has not asked for additional backstrikes. He certainly can’t say Perry has denied him, since he hasn’t asked.

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May 18, 2011

Kim in Katy

Can Baez be fired by Casey at this point?

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1. May 19, 2011
  
  kookooznest
  
  I just have to ask you, Kim, do you really believe that she would do such a thing when she seems to be joined at the hip with him, come hell or high water ?
  
  Mr. Hornsby, do you think Baez has discussed the advantages of a plea deal with her to spare her life, but he is hell-bent on going to trial b/c he thinks she won’t be acquitted, but won’t receive the death penalty?
  
  Or, do you think it’s more important to them & thus, her, that she retain the rights to appeal than avoid death row?
  
  Her mother Cindy keeps admonishing her to “don’t let THEM break you” (whoever “THEM” is, at this point), & so it’s not her family who are trying to save her life via the common-sense approach a plea deal offers………. Or is he just more in tune with advancing his own career by becoming death penalty-certified via going to trial than he is in the outcome of the penalty phase ?
  
  What would you do at this point, if this were your client (& she was a narcissistic psychopath) ?
  
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  1. May 23, 2011
    
    Kim in Katy
    
    Whether or not she plans on doing it my question remains CAN she do it
    
    Reply
May 18, 2011

Marsha

It is being reported he is sick.

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May 18, 2011

notthatsmart

Now being reported on os that it is a private matter and court will resume at 8:30 tomorrow morning. Wonder what kind of private matter could hold this up? Did anyone have a baby? I mean Kc didn’t have lunch with them did she? Didn’t she go back to jail? Why would she be crying? And the Judge already knew all about it.

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May 18, 2011

Interested

How does that case have relevance to Anthony case? Perry v State did not allow individual questioning. We do not have that in the Anthony case, each juror has been individually questioned.

Perry’s speed lane approach is concerning though.

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1. May 18, 2011
  
  Richard Hornsby
  
  You did not read the Perry case very closely, it virtually parallels the Anthony case (although on a smaller scale), and holds in favor of exactly what Jose Baez has been arguing for, which is he should be allowed to question all of the remaining jurors before being required to determine who to strike with peremptory challenges.
  
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  1. May 18, 2011
    
    Interested
    
    Richard,
    People don’t have much originality, do they? This person couldn’t come up with a different screen name? I have been posting as “Interested” for awhile, it seems my name has now been hijacked. I actually agree with you on this.
    
    (the original) Interested.
    
    Reply
    1. May 18, 2011
      
      My bad
      
      Interested,
      My apologizes for duplicating a name! It was an innocent mistake, not intentional at all. I never thought to look at names, I just read the article and links without checking names or exisiting comments.
      Totally my error, Sorry!
      
      Reply
      1. May 19, 2011
        
        Interested
        
        No harm, no foul. Initially, I thought someone wanted to use another name to say something contrary to Hornsby; afraid to do so on their own. I see that’s not the case here.
  2. May 18, 2011
    
    My bad
    
    I did read it closely. Saying I didn’t isn’t a very nice accusation to make just because I don’t see what you see and asked a question. Isn’t that the purpose of commenting / questioning? It is very possible I just don’t “get it” I’m not an atty. Could you explain more clearly what I am missing?
    
    Why I don’t see it the same is
    
    1. In Perry vs State, the def was denied the right to question those jurors individually. In my comprehension, that appears to be a significant difference.
    2. That judge put time limits on questioning, which has not been done in the Anthony case. Perry vs State, limited to 90 minutes. Appeals noted another “half hour” would not have been unreasonable. However, we don’t have that in the Anthony case either. Some of these have gone for hours of questioning.
    
    I didn’t consider alternates because the peremp’s don’t go to the alternates. Perhaps I am wrong to consider them not a part of the issue as a whole ‘panel’? Should I be considering the alternates in there even though the strikes can’t be applied to them? That is confusing to me!
    
    Reply
    1. May 18, 2011
      
      Richard Hornsby
      
      Right, and Judge Perry is not allowing Baez to question the remaining venire individually. Basically making Baez guess whether they would be better jurors than current jurors, which is point of Perry – being that Judge Perry should allow Baez to question all jurors that might make it on the panel before forcing him to exercise his strikes.
      
      Also, they are not alternates until sworn it and a person who is an alternate one minute could become a primary the next if Baez were to strike a primary, which is the point of questioning all potential jurors.
      
      Reply
      1. May 19, 2011
        
        kookooznest
        
        Mr. Hornsby, does this mean that Judge Perry would have to remedy matters by recalling all the backstrikes conducted so far, since he “forced” Baez to strike potential jurors prior to questioning all of them first ? Or, is it “all good” as it stands, as long as Judge Perry gives him “a strike for each alternate” dependent on the number of alternates available from the pool to be questioned individually as Judge Perry outlined in his “housekeeping discussion” at the end of court today ?
May 18, 2011

How silly

I watched the video replay more than once, KC is NOT crying. Media is as crazy as CMA!

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May 18, 2011

uklaw

Thanks for such a helpful post.

I posted on WebSleuths, questioning whether or not it would be wise for the Defense to raise this issue by way of an interlocutory appeal of further motions now? My understanding is now that the Defense has raised the issue it is preserved for appeal. Assuming that the delay is due to Baez filing such an appeal or motion (unlikely now, I know) do you view this as being a sound strategy?

Secondly, my understanding is that this case is under a jurisdiction governed by the 5th Circuit of Florida Appeals. Perry is a fourth circuit case. Do you feel that Perry/the 5th Circuit would follow it?

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1. May 18, 2011
  
  JS
  
  In Pardo v. State, 596 So. 2d 665, 666-67 (Fla. 1992), the Florida Supreme Court held that if there is no contrary decision from the Florida Supreme Court, or from the respective District Courts of Appeal, trial courts are required to follow the decisions of other sister District Courts of Appeal.
  
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  1. May 19, 2011
    
    uklaw
    
    Thanks. So I suppose the real question then is what does the 5th district do when/if it gets this issue on a post-conviction appeal.
    
    Reply
May 18, 2011

Lilly

My theory is that Baez wants to slow things down enough so that they run out either time or prospective jurors and have to begin all of this again in another venue. I don’t really believe that Baez has a personal/private emergency matter. This may be an unfair accusation of Baez & his DT but I do believe that he is quite capable of this level of deceit.
Richard, if the DT had filed with an appelate court about the jury issue is there any reason that wasn’t announced?

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1. May 18, 2011
  
  Richard Hornsby
  
  Mistrials generally hurt the defense and I think he has picked a favorable jury to date. So I don’t think it helps to try for another venue.
  
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May 18, 2011

sheri

Richard.. PLEASE answer this for me… PLEASE!!!!
No matter WHAT is wrong with Baez.. why the heck couldn’t Mason & the others on board work the jurors? They are quite capable & it seems AWFULLY selfish for the entire money train to stop ‘just for Baez’. Perry was just talking about the bills & the hotels & was lucky enough to get a room to hold court past tomorrow. WHY did everything stop for the least experienced person there, aka, Baez?

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1. May 18, 2011
  
  Richard Hornsby
  
  I don’t know the answer.
  
  Reply
  1. May 18, 2011
    
    sheri
    
    I didn’t know if there was a ‘legal’ reason for everything to come to a hault like it did for one person. I was unable to find the answer anywhere on the internet & didn’t have anyone to ask! Thanks SO much for your time & your response!! You’re a doll!
    
    Reply
May 18, 2011

Kara

Casey has the right to have counsel present. That I think was the “matter” Mason spoke to her about.

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May 18, 2011

Sloan

Mr. Hornsby, I wanted to take the time to thank you for your efforts related to this case and the information you’ve supplied.

Like many, I saw the media coverage from 2008 forward however I wasn’t consumed by it. I did not have ‘background’ information on the key players nor the process entirely. In an effort to educate myself – in order to assist in forming my own opinions – I came across your site. I didn’t want to obtain information solely from the media nor solatious sites but the facts from a legal side per say. An actual intellectual side.

I appreciate the time you’ve taken to provide various information, case citing etc.
and especially the article on Judge Belvin Perry, Jr. I have a new found respect for him! Your information has enabled me to form more informed opinions about this case.

Many thanks
-S

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1. May 18, 2011
  
  Richard Hornsby
  
  Well thank you very much.
  
  Reply
May 18, 2011

Kimpossible

Mr. Hornsby,

Thank you for another informative article.
I never thought this jury selection would go smoothly or be completed in the little amount of time that Judge Perry had originally stated. I like Judge Perry but some of his comments about time constraints concerning jury selections bothered me. I know that most courts. all over the country. have money problems and time constrants but that shouldn’t impact a person’s right to a fair trail especially in a death penalty case. The defendant has been in jail for years, why should it matter if jury selection takes weeks? Then to suggest the possibility of reducing the number of alternates for a trial that could last more than several months, doesn’t seem realistic. I don’t normally agree with Baez, but I think this issue was one of his better arguments.
I hate to speculate about the abrupt end to court today but I’m human so I guess I will. I have not seen any new motions filed/posted yet in the 5th district court of appeal. It surprise me that Chenny was the one speaking and Baez was not in the courtroom. I suppose there could have been an emergency, but Baez had actually asked to return at 1pm. Some commentators are speculating about possible plea negotiations, that maybe Casey’s nerves/emotions are getting the best of her thinking of the possibility of new jury selection all over again especially if it goes back to Orlando.
Casey wiped away a few tears at the end of court, but we don’t know what that means. Could there be a medical emergency with one of Casey’s parents? Could Baez have had an emergency? Could Baez have been fired by Casey? If Baez was had been let go, would the jury process start all over again? Or, Is a plea deal more likely?
I can’t wait to see what happens tomorrow.

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1. May 18, 2011
  
  Richard Hornsby
  
  I have no opinion. It is hard to think a plea has come about because there would have had to been discussions before lunch and that didn’t happen.
  
  I do know that Mr. Baez’s wife was pregnant and given the abrupt way he left and the nature of his email, I would not be surprised if it involved her.
  
  Regardless of my past feelings regarding Mr. Baez, if that is the case, I am fully understanding and pray that it is nothing serious. My wife was pregnant during a murder trial I tried last year and I was under enormous stress and the judge had agreed in advance that I could leave if she delivered or an issue came up during the trial.
  
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  1. May 18, 2011
    
    Kimpossible
    
    I had forgot hearing that his wife is pregnant, but I don’t know how far along. I too pray that nothing serious has happened. This entire process has been stressful for all parties involved.
    
    I had also seen on Record Search, that Jose was scheduled tomorrow for a pre-trial conference at 1:30 in Orange County for another client (a misdemeaner), could it be that he needs to post pone that matter or can another of his staff handle it?
    
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May 18, 2011

LisaFlorida

There are reports of Baez smiling in his car before he left the courthouse grounds. Doesn’t sound like he was sick.

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May 18, 2011

Dana

Jose apparently has court in orange county 5/19/11 at 1:30 pm

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1. May 18, 2011
  
  Richard Hornsby
  
  Judge Perry has already arranged for him to be excused from any proceedings during the Anthony trial.
  
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  1. May 19, 2011
    
    Noeleen
    
    Dear Mr. Hornsby:
    
    Last summer (I believe it was) Mr. Baez had a personal financial legal matter as I recall.
    
    If you happen to know offhand, would Judge Perry’s having arranged for him to be excused from other proceedings also apply to personal legal matters as well as business legal matters related to any clients he might have?
    
    Thanks in advance for your input.
    
    Reply
May 19, 2011

Billy

Dear Mr. Hornsby,

Do you have any idea why this particular case has brought so many loonies to the forfront. I understand that every highly publicized case brings a great deal of attention, people with alterior motives and just plain nuts but this seems to be beyond all of that. I assurre you if you posted an article proclaiming Casey Anthony’s innocence your whole audience would turn on you.

I cannot see, from what I know, how anyone else could be to blame but this child’s mother but I still realize that a great deal of what is public knowledge is more opinion and speculation than evidence. It is truly frightening how people with only the same information as I have can be so hateful toward anyone who would in anyway defend her. I don’t think Beaz is a good lawyer and worse yet I think he handled this inappropriately for his own gain, if that were not the case I can’t see why he would not have opted to accept the gag order when it was available way back at the beginning of this farce.

I have heard Beaz make some cogent points but he tends to go on and repeat himself diminishing the gains he may have made. He very definetly has a point about jury selection and the hurried pace Perry is trying to persue. I have looked in on this process via the internet from time to time (I have no idea how anyone could watch every minute of that boring but necessary nonsense) and even from that I have seen that people who have gone on to the next round should have been dismissed for cause that weren’t.

George and Cindy Anthony have certainly not endeared themselves to anyone and it is clear there has been some lying and attempts to alter previous statements as well as adjust the dialogue in favour of their daughter. Despite all of the expert opinions all over the internet few if any have been in their position and therefore can’t so conclusively say what they would do. No matter what they do they could not win in my opinion although I think they have lied and handled things poorly. They had good legal advice very early on and it would seem they chose to ignore it.

All of this crap about Jose quit or was fired or sick or a plea deal is really beyond the pale though. I have read your post which said that apparently his wife is pregnant and that justs adds to the agument I was going to make. Origanally I was just going to say that he said it was a personal matter and I know he has parents (alive or not I don’t know) he has a wife and I think children or at least could have children, he may have siblings, aunts, uncles, cousins so there could be any number of reasons beyond even those that could be why Beaz would have to leave on short notice and anyone of those is NONE OF ANYONE’S BUSINESS. Still all of these morons want to spout that it is a tactic.

God help any of you fools should anything so awful ever enter your lives. Holier than thou bunch of quick to judge suppossed Christians.

Lastly I really find it hard to believe how these fools can care more about this child than her family. Think that they have the right to write to the judge about a case they have nothing to do with. THAT IS RIGHT PEOPLE IT HAS NOTHING TO DO WITH YOU!, it is the state of Florida versus Casey Anthony. Yet you cretins think that you can protest out in front of the grandparents house and be better than them. The Anthony’s are disfunctional you all say and I don’t disagree but they did not have a choice about being drug into this, ALL OF YOU IMBICLES WHO HAVE ATTEMPTED TO INSERT YOURSELVES IN THIS DID!

I know I said lastly but this has nothing to do with emotion it is strictly about facts and those of you who don’t understand that are excused. AHHHH there you go, if the people driven by pure emotion understood that then it just became very quiet around here and this can proceed without all of the foolishnesh.

BY the way you have balls Mr. Hornsby and you seem like a pretty damn good lawyer.

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1. May 19, 2011
  
  Richard Hornsby
  
  Mr. Baez’s problem is that he has not chosen his battles wisely. So while he has made many good points, he has cried wolf so often his few good points fall on deaf ears.
  
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  1. May 22, 2011
    
    Cait
    
    Thank you, Mr. Hornsby for pointing out that Mr. Buhazz has pulled so many shenanigans in the last three years, that almost no one believes anything that comes out of his mouth.
    
    And thank you as well for your time. I appreciate that you use your “down time” to post your opinions.
    
    Reply
2. May 22, 2011
  
  US_Citizen
  
  Thank you Billy! Beautifully said! It was really nice to finally read something with some common sense! It’s just sickening to see how grown people have been acting! I’m actually shocked that you haven’t been bashed in the past 3 days.
  
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May 19, 2011

K.Waters

Hello Mr. Hornsby,

Everyone is speculating ,why the sudden stop today in court. One reason not mentioned ,is it possible that the Barr Finlay rules on those last two complaints that were filed and Mr. Baez could be dis-Barred ? Baez did say It was a “Personal matter ” and it would be something that would have had to be discussed with Casey ( Judge did ask if they discussed it with her) If so ,What would Happen now in the case?

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May 19, 2011

vicki

pretty sure Jose Garcia, formerly on the DT, is the Jose whose wife is/was pregnant

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May 19, 2011

Kimpossible

Mr. Hornsby,

It was good to see that all the parties were in court this morning and all appear healthy and focused. I didn’t watch the entire jury selection, but I checked in from time to time. Today it seemed more relaxed and not as rushed, and now there are 16 that have gone on but not sworn in yet. So quite a few of the commentators feel that they will have their jury and alternates by end of court Saturday. I know that the defense and prosecution still have challenges left (defense only 1) but do they get more challenges for the alternates? Why don’t doesn’t the judge just hold both sides to the challenges they have left and continue on as they did today and not swear in a panel of 12 until there are enough jurors and alternates? Then he could swear in the entire panel, not revealing who is juror and who is an alternate. Who would really want to give up up to 2 months if they know they probably won’t get to deliberate? Wouldn’t that make them more prone to come up with excuses to try to get out of jury duty?

Also, I can’t wait to hear Jose Baez’s opening statement since he said he’s going to explain certain things in the 1st few minutes. I’m surprised that he made such a bold statement. It just reminded me of Mark Geragos stating that he had proof & was going to prove that Scott Peterson was innocent. Didn’t he also say the same thing about Winona Ryder
I tried to look at all the evidence from both views to see what reasonable explanations I could derive from the evidence, but the only slightly reasonable defense that I can come up with is “accident/coverup”. But that would mean that Baez would have to concede Casey’s involvement. Do you think Baez would actually do this in his opening statement even though the defense does not have to put on a defense?
I know that pre-meditation can be formed in seconds, but if Casey had actually pre-planned the death ahead of time, then why wouldn’t she have planned where to put the body instead of driving around with body in the trunk? Not that criminals can’t be stupid. That particular behavior seems more consistant with a death that happened unexpectantly whether by neglect, abuse. or heat of passion (not that it would make a child’s death any less tragic).

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May 20, 2011

Elizabeth

Hi Richard,
I am so disgusted with Geo. and Cindy Anthony! They are STILL trying to make money off of little Caylee’s death! Now they are getting a trademark on the words ” $ustice for Caylee….I find that shameful! They take every opportunity they can discover to make money off Caylee’s murder. They have no shame. imo What do u think of this?

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1. May 22, 2011
  
  US_Citizen
  
  Did you just read the headlines and not read the details from your news source? Get your facts straight – they did not trademark the phrase or her name to make money! They did it to STOP lowlife people from making money off of this tragedy! Selling t-shirts, mugs, etc… Shame on the seller and buyer of these products!
  
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May 20, 2011

NancyB

Richard,
This question is OT. I am wondering if you think that the state has evidence that has been withheld from public view under one or more of the exceptions to Florida’s “Sunshine Laws”? I’m asking because we’ve never seen any evidence that the bones and bone marrow were tested for drugs. And if they were done what were the results?

I do remember that there was a search warrant in the case that authorized police to seize sedatives from the Anthony home and that a judge cannot issue such a warrant without cause to believe such drugs are related to Caylee’s death. Experts uniformly agree that bones and bone marrow can easily be tested to determine whether an individual had benzodiazepines in her body at the time of death. The tests are effective even years after death, and even after significant decomposition. Benzos are less stable in hair, especially hair that has been affected by water. So even when drugs appear in bones, it would not be unusual to receive a negative result on drug tests in hair that has been submerged in water. I’m wondering if we have access to all the test results that relate to drugs of any kind that might explain how and why Caylee died. Thanks in advance!

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May 21, 2011

Interested

What would be your opening statements in the first 3 minutes?

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