Lisabeth Fryer, defense attorney and associate of Cheney Mason has signed an emergency motion that could stop Casey Anthony’s questionable probation. Casey Anthony is the mother acquitted of murdering her 2 1/2 year old daughter Caylee Anthony on July 5, 2011. The document was filed Wednesday, August 17, 2011 with the 5th District Court of Appeals in Daytona Beach.

The emergency motion is to quash, vacate and set aside the recent Court’s Order to have Casey Anthony return to Orlando on August 26th to begin probation.
Lisabeth Fryer listed in part of the motion Basis For Invoking Jurisdiction based on lack of jurisdiction and in violation of double jeopardy.

Under Part II, Statement Of The Facts,
Ms. Fryer reminds the 5th District Court of Appeal that The Honorable Stan Strickland was the original judge presiding over two cases involving the Defendant
On page 7 of 18 the motion points out Judge Strickland’s unusual and in my opinion inappropriate behavior regarding Casey Anthony. She states..
Quote:

In the intervening time period between the between the filing of the Motion to Disqualify (App. A) on April 18, 2010 and the present the Judge’s subsequent public behavior has only stood to verify and reaffirm the fears of the Defendant as
to the Judge’s bias and prejudice. In particular, The Honorable Stan Strickland has
engaged in televised interviews with tabloid entertainment programs, such as “The
Nancy Grace Show,” in which he stated on national television that that he was
“shocked at the result” of the trial in which the defendant was acquitted of First
Degree Murder, Aggravated Child Abuse, and Aggravated Manslaughter of a
Child. App. D. This interview occurred after the verdict, but before sentencing.

Lisabeth Fryer listed a couple of other televised interviews Judge Strickland engaged in including an interview to discuss the Defendant’s trial, the jury, and resulting verdict with local NBC affiliate WESH.
“Full Interview: Former Casey Judge Talks Verdict, Jury” available at
http://www.wesh.com/casey-anthony-extended-coverage/28523567/video.html

“The Other Judge: Stan Strickland Shocked at Casey Anthony’s Acquittal” available at
http://www.cfnews13.com/article/news/2011/july/276805/The-other-judge:-Stan-Strickland-shocked-at-Casey-Anthonys-acquittal
Reporter Jacqueline Fell sits down with Stan Strickland, the original judge in the Casey Anthony case, to talk about the trial and his recusal in 2010.

Ms. Fryer adds on page 8 of 18

After the Defendant was released from her sentence on four misdemeanor charges imposed by the Honorable Belvin Perry, Judge Strickland, sua sponte, amended his original order to reflect that the Defendant serve her probation on her release in the present case. However, this action was taken 562 days after the Defendant’s probation began and without request from the State of Florida, with no notice to the Defendant or her counsel, and without regard for the fact that the Defendant had successfully completed the
terms of her probation. (App. A). Further, this action was taken after the
previously disqualified judge participated in multiple media interviews in which demonstrating unquestionable bias against the Defendant. Judge Strickland made statements related to his actions to the press then was unavailable for immediate legal issues on this matter, as he went on vacation. The Defendant was given 72 hours to report to supervised probation in Orange County. On August 2, 2011, Judge Strickland recused himself before the Defendant had an opportunity to file her Motion to Disqualify Previously Disqualified Judge. The same day, Defendant
filed a Motion for an Emergency Hearing to Quash, Vacate, and Set Aside the Order. (App. E).

Ms. Fryer addresses “Double Jeopardy”

“Three basic protections emanate from the Double Jeopardy Clauses of the
Federal and the Florida Constitutions:
1) protection against a subsequent
prosecution for the same offense;
2) protection against a subsequent prosecution
for the same offense after conviction; and
3) protection against multiple
punishments for the same offense.”

She cites several cases. One I like in particular is Hunsicker v. State, 881 So. 2d 1166 (Fla. 5th DCA 2004).
In the present case, Ms. Anthony has formally served her probationary period. A second period of probation would violate her protections against multiple punishments for the same offense. U.S. Const., amends. V & XIV; Fla. Const., art. I, § 9.

“Formally” is the operative word which in my opinion is hard to argue considering Anthony does have documentation signed and stamped by the Orange County Dept of Corrections.

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In other news, George and Cindy Anthony will be guests on the Dr Phil Show airing on September 12th.

cfnews13 reported that the show is not compensating the Anthonys for the interview, according to the release, and is only being asked to donate to a charity organization that has been set up to advocate for the rights of grandparents of missing children.

TheJBMission~

~~~

Sources:
http://www.wesh.com/casey-anthony-extended-coverage/28896300/detail.html

Emergency Petition on Probation
http://www.wesh.com/pdf/28896233/detail.html

Read more: http://www.wesh.com/casey-anthony-extended-coverage/28896300/detail.html#ixzz1VN0HDKEC

Read more: http://www.wesh.com/casey-anthony-extended-coverage/28896300/detail.html#ixzz1VN0n65t5

Read more: http://www.wesh.com/casey-anthony-extended-coverage/28896300/detail.html#ixzz1VN07JGik

Cindy & George Anthony to Appear on Dr Phil September 12th
http://www.cfnews13.com/article/news/2011/august/295991/Casey-Anthonys-parents-to-appear-on-Dr-Phil

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