I just saw the Orlando Sentinel TV Guy’s post about the disagreement between WESH and WTFV, I mean WFTV (sorry, Freudian slip) regarding when the deadline is for Casey Anthony’s defense team to file an objection to the State releasing Casey Anthony’s jailhouse letters and thought I would step in and clear this up before everyone gets their suspenders in a knot…
The deadline for filing an objection to Casey Anthony’s jailhouse letters is Monday at 5:00 p.m. – meaning the earliest the State could release them is Tuesday morning.
This is because all legal deadlines in criminal cases are controlled by Florida Rule of Criminal Procedure 3.040. (The rule is the same in civil cases as well, but defined under a separate number in the civil rules.)
Florida Rule of Criminal Procedure 3.040 – Computation of Time
In computing any period of time prescribed or allowed by these rules, by order of court, or by anyapplicable statute, the day of the act or event from which the designated period of time begins to run is not to be included.
The last day of the period so computed shall be counted, unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day that is neither a Saturday, Sunday, nor legal holiday.
Under this rule, the day that Judge Strickland imposed the fifteen day limit (March 18, 2010) is not counted and the following day (March 19, 2010) is considered Day 1 in the computation.
So if March 19 was day 1, then according to my calendar Friday, April 2, 2010 is Day 15 – meaning he would have until the close of the business day to file an objection to the release.
But egads! the Orange County Clerk of Court was closed to the public for Good Friday! And the following two days, Saturday and Sunday, are the “weekend.”
Well since Friday was a legal holiday (See Ninth Circuit Legal Holidays), by operation of rule 3.040, when such time and space continuum problems arise; the deadline is “magically” extended until the next full business day.
So the answer to that WESH and WTFV “disagreement” is that they (and CF13 News as well) are incorrect (nothing new for WTFV, not a big deal for CF13, and WESH wins the award for being the closest).
Anyway, the answer is that Casey Anthony’s defense team has until the close of business on Monday to file an objection to the release of the jailhouse letters. Meaning the earliest the State is legally allowed to release them is Tuesday morning (or maybe Monday at 5:01 p.m. – I’m not really sure on that).
Peace out my unfaithful and catch me this Sunday at 8.p.m. on “Watts up With This!” on BlogTalkRadio, while we discuss the latest Casey Anthony nonsense.
p.s. I spoke to someone at the State Attorney’s Office who has read the letters and the only thing he would tell me is that they are “drivel.” MY ASS! Chloroform is a big deal as is no more Zenaida..
p.s.s. What makes you think they will file an objection anyway? With the “Game Changer” on board, maybe they have figured out when to “hold ’em and when to fold ’em.”
Watching American Idol on DVR and wondering if Ellen got a spray tan.
But beside that, I would like to know what you all would like to know. Honestly I am a little bored and see this case moving towards more substantive hearings by May/June.
So what do you want to know about (legally speaking)? So please leave a comment, debate with each other, but leave a comment about what you would like to know more about.
I will either answer the top 10 questions, or address one major topic that everyone is interested in.
So there I was, researching something on Google about the Casey Anthony case and I came across this wonderful quote that a certain legal commentator for WFTV (ABC’s local affiliate) made regarding my criticism of his objectivity and the objectivity of the reporter he works with.
“As your readers have seen over the past several days, one way to obfuscate the truth and shift focus from damning facts is to create a straw man upon whom to lodge false allegations. It is an unfortunate, but sometimes effective, way of creating a diversion orchestrated to cause confusion and to divert attention from the core issues.” Orlando Sentinel, November 24, 2009: Casey Anthony: WFTV’s Bill Sheaffer answers latest criticism from TV analyst.
And is it not just so ironic that the upcoming indigence hearing would ultimately reveal ABC (or as Jose Baez likes to mumble, the American Broadcasting Company) paid an accused child killer’s defense team $200,000.00 for photos and video of the child the defendant was accused of murdering.
Yet, the local ABC affiliate, WFTV, instead releases a series of “Jaw Dropping” reports that captures the public’s attention and completely divert the media focus from that same indigence hearing (i.e. The Real Story).
And to top it off, that same ABC affiliate pushed the “jaw dropping” mistress story right until the very last desperate minute by tantalizing the public with the prospect that one of those reports would be “of the other shoe dropping…” (Spoiler Alert: It never did.)
March 12: Casey Anthony: George Anthony had affair, said Caylee’s death was ‘an accident,’ WFTV reports
March 12: Casey Anthony: WFTV says source on George Anthony affair is ‘highly credible’ and ‘other shoe is about to drop’
March 15: Casey Anthony: WFTV reveals more about ‘other woman’ in George Anthony’s life
March 16: Casey Anthony: What could mistress report mean to George Anthony’s future, Casey Anthony’s case?
March 17: Casey Anthony: Nancy Grace’s guests (WFTV-Channel 9’s Kathi Belich and WFTV legal analyst Bill Sheaffer) don’t agree on whether George’s alleged mistress can be believed
March 18: Casey Anthony: WKMG supplies details about sisters alleging George said Caylee’s death was an accident
And then, from none other than Tony Pipitone (whom the Baez camp seems to leak their information to first nowadays), a story comes out the day after the financial boondoggle hearing revealing the “jaw dropping” news that the Mistress’ affair can’t be substantiated by anyone (talk about the other shoe dropping).
Better yet, it was revealed that even if the affair was true, George Anthony only told her exactly what he has told everyone else from the very beginning:
“And I turned my head and he grabbed my hands, and he said, ‘It was an accident that snowballed out of control.’” However, she said she couldn’t say why George Anthony thought it was an accident. She admitted that there wasn’t any other proof of what he told her that night. WKMG: Woman In Alleged Anthony Affair Reveals Details.
We call such hypothesis on the part of lay witnesses speculation – and speculation is inadmissible in a criminal courtroom. So basically all of this River Cruz mistress hoopla (to which the the TV Guy played a willing pawn) was a bunch of baloney.
Well maybe it wasn’t, I mean as one learned legal commentator has told us:
The one way to obfuscate the truth and shift focus from damning facts is to create a straw man (George Anthony) upon whom to lodge false allegations (an affair). It is an unfortunate, but sometimes effective, way of creating a diversion orchestrated to cause confusion and to divert attention from the core issues (The Indigence Hearing where it could be revealed ABC paid an accused murderer $200K).
Isn’t that the truth! And that, Ladies and Gentleman, is coming from the same legal commentator who works for local ABC affiliate WFTV; and for whom ABC News “licensed exclusive rights to an extensive library of photos and home videos for use by our broadcast platforms, affiliates and international partners.” Orlando Sentinel (March 18): Casey Anthony: ABC News says it licensed ‘library of photos’ through attorney
ROFL! And I thought Jose Baez had a conflict of interest brokering the deal in the first place (Casey, ABC has offered to pay $200K, but only if you keep me as an attorney and I get most of the money – please sign here)!
If you can’t trust your own local news stations to give it to you straight – who can you trust?
(a) If the court learns of discrepancies between the application or motion and the actual financial status of the person found to be indigent or indigent for costs, the court shall determine whether the public defender, office of criminal conflict and civil regional counsel, or private attorney shall continue representation or whether the authorization for any other due process services previously authorized shall be revoked. The person may be heard regarding the information learned by the court. If the court, based on the information, determines that the person is not indigent or indigent for costs, the court shall order the public defender, office of criminal conflict and civil regional counsel, or private attorney to discontinue representation and revoke the provision of any other authorized due process services.
(b) If the court has reason to believe that any applicant, through fraud or misrepresentation, was improperly determined to be indigent or indigent for costs, the matter shall be referred to the state attorney. Twenty-five percent of any amount recovered by the state attorney as reasonable value of the services rendered, including fees, charges, and costs paid by the state on the person’s behalf, shall be remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund within the Justice Administrative Commission. Seventy-five percent of any amount recovered shall be remitted to the Department of Revenue for deposit into the General Revenue Fund.
(c) A person [even an attorney] who knowingly provides [files] false information to the clerk or the court in seeking a determination of indigent status under this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
If a court finds that a fair and impartial jury cannot be impaneled in the county where the offense was committed, and the court determines that once a jury is selected it shall be sequestered, the court on its own motion, or upon a motion of any party, may elect to select a jury from a county other than where the offense was committed. … Upon completion of jury selection, the jury shall be brought for trial to the county where the offense was committed.
Exactly how did Jose Baez become Casey Anthony’s attorney and how he is getting paid? Those are the questions that everyone wants to be answered.
But what people should really be asking is how did Jose Baez become Casey Anthony’s attorney so quickly.
And to get to the heart of the story, you have to go back to the beginning – back to the day Casey Anthony was arrested.
In the beginning there was no Jose…
According to the Orange County Sheriff’s Office Prisoner Transport Jurat, Casey Anthony was officially booked into jail as of 11:40 p.m. on July 16, 2008.
According to the Notice of Appearance filed by Jose Baez, he was officially her attorney of record as of 3:54 p.m. on July 17, 2008.
And just like that, 17 hours later, Casey Anthony had made the life or death decision of who would be her attorney.
A Little Perspective Please
But to help you understand just how extraordinary it is that Casey Anthony “selected” Jose Baez in less than a 17 hour period, it is necessary to put the other events that were taking place during that 17-hour period into perspective.
First she was booked.
She was booked on July 16, 2008, at 11:40 p.m. Assuming that everything went smoothly, booking would take about an hour, possibly two.
Then she had her Initial Appearance.
We are now at about 2:00 a.m. in the morning. Casey Anthony has likely been awake all day and her Initial Appearance (also called a First Appearance) is scheduled for 8:30 a.m. that same morning.
At around 7:30 a.m. (but as early as 6:30 a.m.) the guards would have started waking up the inmates to line them up for Initial Appearance and to fill out paperwork. And it is this paperwork which I think some of you will find very interesting.
What paperwork you ask, none other than financial paperwork; specifically an Application for Criminal Indigent Status.
And while I am sure that those interested in Ms. Anthony’s finances will no doubt pour over the details of her “claimed” income and assets, there are only three pieces of information that I am concerned with:
As of 8:30 a.m. she was seeking the appointment of the public defender;
The Clerk of the Court determined that she was indigent; and
The Office of the Public Defender was originally appointed to represent her.
Considering that Casey Anthony had affirmatively requested the appointment of the Public Defender, it would seem safe to assume that Casey Anthony had not entered into a formal agreement with Jose Baez prior to filling out the Application for Indigency, much less even met him yet.
Because if she had already hired Jose Baez, why even fill out the form. (Unless she really is as diabolical and cunning as some of you believe – I mean she did indicate she had one dependent).
Time keeps on ticking, ticking into the future…
I also know that Initial Appearances take about two hours, so that puts her back into her cell around 10:30 a.m.; thus narrowing the time she had to meet with and select Jose Baez to 6.5 hours.
Not so Fast!
But not so fast my friend. It is interesting to note that the Notice of Appearance was stamped by the Orange County Clerk of the Court at 3:54 p.m. And you must remember that Jose Baez’s office is in Osceola County. And a little Google Map action shows that it takes 30 minutes to drive from Jose Baez’s office to the Orange County Courthouse. The obvious inference is that Casey Anthony had actually selected Jose Baez well before 3:00 p.m.
Because after he met with her, he would have had to agree to take on her case and then leave the jail and have someone type up the Notice of Appearance and then file it with the Clerk of the Court.
But even better, there is a drop box where attorneys leave their filings. Which means that it is usually another hour before a Deputy Clerk stamps the filing in. (Only in rare circumstances does an attorney actually asks a Deputy Clerk to stamp a filing in, especially such a routine filing like a Notice of Appearance.)
So it is most likely that Jose Baez met with Casey Anthony sometime between 10:30 a.m. and 2:00 p.m.; giving a grand total of 3.5 hours to make the decision of her life.
Simply amazing.
And then there was Jose Baez. Jose Who? Jose Baez, Jose Who? Oh never mind!
Now knowing the likely time period under which Casey Anthony operated when selecting Jose Baez, we still do not know:
How did Casey Anthony get Jose Baez’s number?
How did Jose Baez get Casey Anthony’s name?
And in all honesty, I have no answers and am only left with analyzing the most widely suggested theory.
Someone in Jail gave Jose Baez’s Number to Casey
Although this seems like the most obvious explanation, I think it is unlikely. Let’s discuss.
First, when you are initially arrested, you are not immediately placed into the general population, the place where inmates are most likely to have an attorney’s number handy.
Rather the jail keeps you in their Booking and Release unit until they can process you and formerly assign you to a permanent housing unit. So it is unlikely that she had sufficient contact with other inmates to even get an attorney’s name and number to call.
Second, even if another inmate gave her Jose Baez’s number, you would expect that inmate to have hired Jose Baez as well. Moreover, because the jail keeps inmates segregated, you would expect that inmate to be a woman.
And while by no means exhaustive, you can exclude this possibility by conducting a search on the Orange County Clerk’s website for all cases that Jose Baez handled from September 22, 2005 (his date of admission) to July 18, 2008 (the day after Casey Anthony’s arrest).
The search reveals he was attorney of record in 54 cases. Of those cases, only 16 cases involved female clients (or at least feminine first names).
And if you examine each of his female client’s cases, you will see that none of them were either:
Being held in jail awaiting trial, or
Serving a jail sentence on the day of Casey Anthony’s arrest.
So it seems highly unlikely that a female inmate gave Jose Baez’s phone number to Casey Anthony.
But What if Some Other Dude Did It?
But what if it was a male inmate you ask? Well okay, if you examine each of the male clients that he was representing at the time, you will see that none of those clients were arrested in the week leading up to her arrest date; and the only male inmates she could have had contact with would be recently arrested inmates. So while possible, it is highly unlikely.
My Personal Conspiracy Theory
Wikipedia defines a conspiracy theory as “any fringe theory which explains a historical or current event as the result of a secret plot by conspirators of almost superhuman power and cunning.”
And with that definition as a backdrop, I would like to briefly offer what I think is a more plausible theory of how Casey Anthony got Jose Baez’s number – she had contacted him before Caylee was ever discovered missing.
Why? Because I can not think of any sane attorney who would:
Respond to a telephone call from a recently arrested inmate within four hours.
Actually be able to meet with an inmate within four hours of receiving a call (did he not have any other meetings that Thursday or say, court?).
Agree to take on an inmate’s case, without speaking to a third party guarantor.
File a Notice of Appearance without first obtaining a very significant down payment from the Third Party guarantor.
I mean think about it, what was the rush? While I can only speculate, let us assume they actually met for the first time on July 17, 2008. I would love to have been a fly on the wall for that conversation, which would have taken place after Jose read the Arrest Affidavit.
Jose: So let me get this straight? Your daughter has been missing for 31 days?
Casey: Yeah.
Jose: And you told the police that Zanny the Nanny kidnapped her?
Casey: Yeah.
Jose: And you then lied to police about where you worked when they tried to verify parts of your story?
Casey: Yeah.
Jose: And you went so far as to take them all the way to Universal Studios?
Casey: Yeah, why? Don’t you believe me. Won’t you take my case?
Jose: Sure, just sign right here on the dotted line. I will then run back to my office in Kissimmee, print out a Notice of Appearance, and then drive back to Orlando and personally file the Notice of Appearance myself because I have nothing better to do today.
Listen, I am not the sharpest tool in the shed, but I have handled my fair share of cases and I don’t know any attorney this side of Wonderland who would:
Read an Arrest Report like the one in Casey’s case and then
Talk to a potential client like Casey who is the subject of that arrest report and then
File a Notice of Appearance without so much as a smidgen of compensation or guaranteed source of payment.
Be clear, Casey Anthony may have been in a rush to get out of jail. But Jose Baez did not need to rush to take on the case so quickly.
Any attorney worth his salt – let me rephrase that – any attorney period, would have thought long and hard before filing a Notice of Appearance in a case like Casey Anthony’s.
I don’t care how much media exposure the case had AT THE TIME. Nobody knew how big the case would become.
At the time the case was just another “News at 6” headline.
But if it could be proven that Casey Anthony contacted Jose Baez prior to it being discovered that Caylee was missing; it would be the biggest bombshell in the entire case.
Because it would show beyond all doubt that Casey Anthony had a guilty conscience and sought out a criminal defense attorney for preemptive advice.
But then again, that is just my conspiracy theory. Nothing more, nothing less. Because everyone knows that neither Casey Anthony nor Jose Baez has the super power or cunning to secretly plot out something so diabolical – or do they?
But the Most Likely Explanation
But before I go, I think it is prudent of me to opine as to what I think is the most likely scenario. I ran the above theory by Florida News Network reporter Rozzie Franco.
She in turn asked around and reported back that it was believed Jose Baez had handled a traffic ticket or something of that nature for one of her former boyfriends (Jesse Grund I believe) and it was the boyfriend who asked Baez to go out and talk to Casey.
If true, that makes a whole heck of a lot of sense.
But then again, I still can’t understand why in the world Jose Baez would take on a case of that nature without first asking Casey one simple question:
Hmm, show me the money… Maybe that will be the subject of my next blog post?