Tag Archive: Motions


I’m pleased to report today that Judge Belvin Perry Jr. of the Ninth Judicial Circuit Court has come to a decision regarding money allegedly owed to Orange County Florida by recently acquitted Casey Anthony.
Casey Anthony, mother of Caylee Anthony was acquitted July 5, 2011 of all major charges regarding the death of her daughter Caylee Marie Anthony.
Subsequently, then Assistant State Attorney Linda Drane Burdick who lost the case, quickly filed a motion holding Casey Anthony liable for all investigation and court costs. She contends, had Casey Anthony told the truth, they would not have wasted OCSO or the Orange County Court’s time and money.

This matter came before the Court for a hearing on September 2, 2011. Linda Drane Burdick presented an itemized statement totaling over $515,000.
Casey Anthony’s defense attorney Cheney Mason argued that the false statements, which led to the Defendant’s convictions for providing false information to a law enforcement officer, related to a missing person investigation, and testimony provided at the hearing indicated that as of September 30, 2008, there was no longer a missing person investigation but a homicide investigation.

For this, he contends that all investigative costs should have stopped as of September 30th since it was sworn by the lead detective Yuri Melich on the stand, during the trial that “they” meaning the investigators had officially stopped looking for a “live” Caylee so all monies spent from this point on was not to prosecute Anthony on her daughter’s disappearance but to prosecute her on first degree murder.
However the issue isn’t completely resolved.

Judge Perry added:
(snipped from Motion)

Further, upon review of the investigative costs expense reports filed by the OCSO, the Court found that several of these reports were not adequately broken down in order to determine the work performed during the time from July 15, 2008 through September 29, 2008. Therefore, in order to reimburse OCSO for additional investigative work performed during the applicable time period, OCSO is directed to file revised investigative costs expense reports that the state the investigative work performed from July 15, 2008 through September 29, 2008 for the below listed OCSO employees. The revised investigative costs expense reports shall be filed with the Court, by 4:00 p.m. on Monday, September 19, 2011.

These are the OCSO employees who inadequately broke down their reports.

John Allen, Yuri Melich, Tanya DePalmo, Awilda McBryde, Kelly DeGuzman, Sharon Clarke, Susan Hempfield, Darrell McCaskill, Samara Melich, Mike Erickson, Mark Hussey, Joy K. Mecabe, Thomas Manderville, Dale Mack, Melissa Harrielson, Carla Willis, Pedro Rivera, Charity Beasley, Katie Garlinghouse, Ricardo Lee, Eliu Muniz, Brenda Gregory, Susan Carver, Jerold White, Sandra Osbourne, Ronald Murdock, Mike Vincent, Christine Narkiewicz, Arthur Rubart.

Also added was Carolyne “Kari” Roderick who submitted 1,106.5 hours of work for a 15 day period as per her testimony at the hearing!!

She claimed in her report that from July 16, 2008 through July 31, 2008 she worked 1,106.50 hours. There’s only 360 hours in that time period. Yes, a definite revision is needed and perhaps an indictment for perjury, lying while under oath.


Thanks to the ever-so-insightful Cheney Mason, the finder of this huge discrepancy, OCSO was caught red handed with this blatant fraudulent attempt to garner money from an acquitted defendant.
This also raises doubt as to all reported expenses for which I’m sure Judge Perry took into consideration therefore requesting a more detailed expense reports from all OCSO employees previously mentioned.

Judge Perry denied request by the Office of the State Attorney for special costs incurred for the purpose of prosecuting on Counts 1 through 3, for which Casey Anthony was acquitted. However Casey Anthony does have to pay $50.00 for the costs of prosecution for the misdemeanor convictions, Count 4 through 7, just as Cheney Mason argued in the September 2nd hearing.

As of today, Judge Perry ordered Anthony to pay $97,676.98.
She will reimburse:

• Florida Department of Law Enforcement: $61,505.12
• Metropolitan Bureau of Investigation: $10,283.90
• Orange County Sheriff’s Office: $25,837.96
• State Attorney’s Office: $50

However Judge Perry said in his order he may require Anthony to pay back additional costs to OCSO. As mentioned earlier several members of the Sheriff’s Office inadequately broke down their expenses but Judge Perry, being the fairer judge as I originally thought is giving them till Monday, September 19th to get their numbers in order. Hopefully with America watching, they’ll double check their adding machines and abacuses and come to a reasonable amount.

~~~

TheJBMission~

Sources:
http://www.wesh.com/casey-anthony-extended-coverage/29195304/detail.html

Read more: http://www.wesh.com/casey-anthony-extended-coverage/29195304/detail.html#ixzz1Y3nJ1Gs7

Read more: http://www.wesh.com/casey-anthony-extended-coverage/29195304/detail.html#ixzz1Y3ncv3Z0

Judge Perry’s Order
http://www.wesh.com/pdf/29195158/detail.html

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On March 2, 2011, Judge Perry will decide whether WFTV reporter Kathi Belich will be allowed to testify in Casey Anthony’s upcoming trial of first-degree murder. Recently Jose Baez Esq. has added her name along with a couple of others to a supplemental witness list.
Some news sources are hammering the Defense Team because this maneuver comes after the so-called deadline August 31, 2010 for disclosing any new witnesses other than law enforcement officers and experts.
When asked by the Media, the Defense Team stated Ms. Belich is listed to rebut witnesses who went against their witness Laura Buchanan which could mean Ms. Belich has something that could possibly help the defense. Perhaps the tables have turned and Cheney Mason Esq. will now be the pain in the ass for Kathi Belich.
Kathi Belich is also mentioned in the motion to have information pertaining to Maya Derkovic, a once jail house friend of Casey’s who has possibly turned State witness.

Richard Hornsby, a legal analyst for WESH television station has written an article addressing the topic in case anyone was wondering if Jose Baez’s intention was to add Kathi Belich as a witness to keep her out of the court room during the trial and hopefully away from the Defense team as Kathi Belich has been more than disrespectful to Casey Anthony’s defense team in her attempt to report on the case.
http://blog.richardhornsby.com/2011/02/the-rule-of-sequestration/

At first I was semi-delighted to think Baez and Mason simply added Belich as a witness to keep her away from the trial but then I came across this WFTV article.

http://www.wftv.com/news/25830173/detail.html

Snipped:

WFTV reporter Kathi Belich was the only one there when Buchanan was questioned Wednesday and her lawyer said she has no idea exactly where Caylee was found. He said if prosecutors show her a map and ask if she had searched specific locations in the woods off Suburban Drive, she’d be able to tell them.

Buchanan showed up Wednesday for a second round of questioning under oath by prosecutors after calling in sick last time and then getting a new lawyer. Now, she’s under investigation by the Orange County Sheriff’s Office for allegedly faking a document claiming she and other volunteers searched right where Caylee Anthony’s remains were found three months earlier, and found nothing.

From this I ascertained the defense truly does have basis for adding her into a supplemental witness list. Ironically, KB may have served a purpose after all. Again the irony is rich.

Here you’ll see Kathi Belich at the crime scene with this sensational news titled

“WFTV Discovers Possible Link in Casey Case”
http://www.wftv.com/video/21186456/index.html

Subsequently, there has never been a retraction for this story even though the FBI has documented that the duct tape found on Caylee Anthony’s skull did not match the duct tape found in the home of Casey Anthony and particularly on the gas can Kathi Belich referred to in this video. Perhaps the defense team will use this video to open the door to false reporting of their case through the local news media.

http://www.wftv.com/news/23176556/detail.html

In the above WFTV article Kathi Belich is happily basking in her reputation as a hard hitting journalist as she speaks exclusively with Maya Derkovic at the Lowell Correctional Institution in Ocala for an hour and a half. Maya Derkovic answered questions about her communication with accused killer Casey Anthony.

Snipped:

“She said she used to knock the baby out so she could go party and she would put her to sleep. When she’d come back, the baby would still be asleep,” Derkovic said.
She told investigators she didn’t know how Casey knocked out Caylee, but Belich asked her.
“Did she say what she used to knock her out?” she asked.
“I can’t pronounce it. Chlorofoam?” Derkovic said.
She said she doesn’t know where Casey got it, but knows how she used it.

I tried to link the video report but for reasons unknown this video is no longer working.
http://www.wftv.com/video/23175347/index.html

It was titled:
EXCLUSIVE INTERVIEW PT. 1: FELLOW CASEY INMATE TALKS TO WFTV.
This is part 1 of 2 of a jail friend of Casey Anthony talking exclusively to WFTV reporter Kathi Belich (04/16/10)

I believe it would be an understatement to say Ms. Belich has done a remarkable job in the coverage of this murder case but I have to ask myself has she gone above and beyond her job as a reporter for an Orlando local television station. Considering the fact that she’s inadvertently inserted herself in the trial itself, I would have to say “Journalist Beware”. There has to be a happy medium somewhere in all of this hoopla.

Casey’s Defense Goes On Media Blitz
Casey Anthony’s defense team went on a media blitz Friday. (10/02/09)
Article:
http://www.wftv.com/news/21185313/detail.html

FYI:
WESH.com has reported Judge Perry will hear this motion and a couple of others on March 2nd. Casey Anthony will be present and they will stream the hearing live.

Motions Ruled February 10th

 

02/10/2011 Order Granting
Motion in Limine to Preclude the Use, in Any Fashion Whatsoever, of a Certain “Jib Jab” Cartoon

 
02/10/2011 Order Granting
Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Rosciano Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

 
02/10/2011 Order Denying
Motion in Limine Regarding Any Testimony That the Defendant has a History of Lying or Stealing

 
02/10/2011 Order Denying
Motion in Limine to Prohibit the Use, in Any Fashion, of Internet Myspace References Attributable to the Defendant as “Diary of Days”

 
02/10/2011 Order Denying
Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to Shovel

 
02/10/2011 Order Denying
Motion in Limine to Exclude Irrelevant Evidence of Tattoo

 
02/10/2011 Order Granting
in Part and Denying in Part Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Lazaro Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

On February 10, 2011, Judge Perry ruled on several motions which could give us a small glimpse into the prosecutor’s little bag of tricks and theory they plan to use in their attempt to prove Casey Anthony maliciously murdered her 2 year old daughter Caylee Anthony over 2 years ago. As we know Casey Anthony has been charged with 1st-degree murder in her daughter’s death although Orange County Medical Examiner Dr. Jan Garavaglia could not say for certain if Caylee was murdered at all. This within itself makes this a complicated case. There is no mountain of forensic evidence to convict Casey but what will certainly be played out to its fullest is Casey’s propensity to lie and steal as indicated by this Motion in Limine.
Order Denying
Motion in Limine Regarding Any Testimony That the Defendant has a History of Lying or Stealing

Before I go any further, this is the definition of Motion in Limine as defined by Wikipedia website.

Motion in limine (Latin: “at the threshold”) is a motion made before the start of a trial requesting that the judge rule that certain evidence may, or may not, be introduced to the jury in a trial. This is done in judge’s chambers, or in open court, but always out of hearing of the jury. If a question is to be decided in limine, it will be for the judge to decide. Usually it is used to shield the jury from possibly inadmissible and unfairly prejudicial evidence.
http://en.wikipedia.org/wiki/In_limine

 
As we can see Judge Perry ruled to deny this motion which means the Defense’s motion to exclude Casey’s history of lying and stealing will be allowed. What this says to me is the State will attack Casey’s character by lining up witnesses one by one who Casey has lied to and her friend Amy Huizenga will testify to Casey’s unlawful use of her checkbook during the crucial 31 days.
Of course the earlier trial of Casey’s check fraud was no accident. We all know that the State stacked the charges to ensure Casey was a convicted felon before she went to trial for murder. This may have also helped the State turn this case into 1st Degree Murder and allowed them to throw in the death penalty option just for dramatic affect for the good people of Orlando Florida.
Order Denying
Motion in Limine to Prohibit the Use, in Any Fashion, of Internet Myspace References Attributable to the Defendant as “Diary of Days”

As I predicted Judge Perry also denied the Defense the above motion. I assume the State Prosecutors will use this poem posted on Casey’s mySpace page as some sort of confession that Casey knew Caylee had passed. Not just passed away but Casey not only murdered her daughter on or approximately June 16th but on July 7th, almost 3 weeks after the fact, took time to sit down a write a pseudo confessional poem on Myspace for all the world to see.

“Diary of Days
“On the worst of worst days, remember the words spoken
Trust no one, only yourself.
With great power, comes great consequence.
What is given can be taken away.
Everyone Lies.
Everyone Dies.”

Order Denying
Motion in Limine Regarding Testimony of Neighbor Brian Burner in Reference to Shovel

As to the above motion, lead defense attorney Jose Baez had also hoped that Judge Perry would rule in his favor to exclude Brian Burner’s statement claiming Casey had borrowed his shovel on June 17th. This was the day after Casey’s father George Anthony said he last saw Caylee alive leaving with Casey. In my opinion, it is relevant but also ludicrous to think that a person who just killed her daughter would borrow a shovel from a neighbor. This was also the same day Casey’s boyfriend Tony Lazarro used her car and possibly helped Casey break into George Anthony’s shed to supposedly steal gas cans. Is it possible Casey needed the shovel to break into the shed?
Order Denying
Motion in Limine to Exclude Irrelevant Evidence of Tattoo


The Defense team tried to no avail to exclude the fact that on July 3rd, Casey Anthony got a tattoo “Bella Vita” which in Italian means Good Life, another strange, unheard of action of a guilty mother. But does this apply to a happy woman who has recently murdered her child? It’s hard to believe but I’m sure State Attorney’s Jeff Ashton and Linda Drane Burdick will try their best to convince the jury this is exactly the reason Casey got this tattoo.
So far to no one’s surprise I see a pattern here that can only be the actions of a person with an extreme behavioral disorder. The State will surely use these inane actions to drive their theory home. Considering these factors the jurors will probably hear testimony from a psychiatrist/psychologist or both, that Casey Anthony is a psychotic sociopath.

Whether this will be enough, I’m not sure yet. It’s hard for me to imagine that Casey Anthony was so lucky not to leave one iota of physical evidence at the site of the remains. And of course, the jury will hear from Roy Kronk, TES searcher’s and others who’ll tell them how Caylee’s remains were found and why they were missed by so many law enforcement officers, investigators, off-the-street do-gooders and cadaver dogs.   This may raise reasonable doubt to the jurors if it’s proven that the remains were placed there while Casey was in jail.

Motions Granted

Judge Perry did rule in favor for the defense the following motions. No explanation needed for the “Jib Jab” Cartoon.

Order Granting
Motion in Limine to Preclude the Use, in Any Fashion Whatsoever, of a Certain “Jib Jab” Cartoon

Order Granting
Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Rosciano Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

Order Granting
in Part and Denying in Part Motion in Limine to Preclude Testimony or Alleged Statements of Witness Anthony Lazaro Connected to Inquiries, Conversations, or Interrogations by Corporal William Edwards Related to Sexual Relations with Defendant

Judge Perry did agree with the Defense that Tony Rusciano’s sexual relationship with Casey Anthony wasn’t important enough for the jury to hear yet Judge Perry seemed wishy-washy in his ruling regarding Tony Lazarro and his testimony therefore he’s allowing certain testimony and inquiries regarding his relationship with Casey.

I presume Tony Lazarro’s statement regarding Casey’s night sweats and nightmares will come into trial which is probably the most damning statement Tony Lazarro can testify to. I predict Tony Lazarro will be very interesting to watch on the stand. The jury will most definitely witness lots of objections and sidebars during his testimony. All I’m hoping is he’ll explain what he did when he borrowed Casey’s car on June 17th.

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