Anyone following the Casey Anthony trial

[Suddenly]

Yes, that is correct. It should have been submitted to the defense. Maybe it was, and nothing was done about it, figuring if she was convicted, she could come back on appeal. Maybe.

I don't know honestly.

That would be a pretty stupid gambit though.

As a bit of background, the government has a constitutional, not just statutory, duty to turn over exculpatory evidence. Such material is called "Brady" material after Brady v. Maryland 373 U. S. 83 (1963). If they turn it over, there will be a paper trail and no violation. If the defense then did nothing with it they can do nothing on appeal.

Now, more to the point, if the state failed to turn it over yet the defense knew about it, not using the information thinking to spring it on appeal would be so stupid as to boggle the mind. First, if it comes out that they knew, they can show no prejudice to the defendant by the state's failure seeing they had the evidence. Second, it is silly because all that can be won on appeal is a new trial. Holding good evidence back and risking placing your client on death row because you think you can spring the evidence later and be in the same place you would have been had you used the evidence in the first place is nuts. Plus you are going to have to show that you found this stuff after the trial, which isn't the case here.

Besides, nothing would stop the appeals court from making a shaky finding that the Brady material is not material to the outcome of the case and denying the appeal anyway.

 

[quadraginta]

I think that Bradley informed the police and the prosecution. They should have informed the defense; the prosecutor is under a statutory obligation to seek justice, IIUC.

They did. In a prompt and timely fashion.

Yes, that is correct. It should have been submitted to the defense. Maybe it was, and nothing was done about it, figuring if she was convicted, she could come back on appeal. Maybe.

I don't know honestly.

It was.

Here's a portion of the trial raw video of that day. The relevant segment is about 10 minutes in.

Here's John Bradley's statement (a blog post) discussing the issue. It was this post which began all of the furor. Bradley is the designer of CacheBack who testified in the trial. Note that the date which he initially recalled as the one when he saw Sergeant Stenger's testimony. He was working from memory, and got it wrong.

(It is perhaps important to note that at the time he wrote this he was not making a press statement or directing comments to the parties involved in the trial. He was, instead, responding to another blog post made by his competitor NetAnalysis concerning the relative merits and flaws of their respective software as it related to the Anthony trial.)

The date error is crucial to this dust-up. If he had notified the OCSO (and thus the SA) immediately after the 16th then Linda Burdich's cross of Cindy Anthony on the 22nd would have been done in full knowledge that the 84 visit count was a mistake. But in reality he had contacted them after that testimony.

When the State was made aware of the issue about the CacheBack file parsing error they shared it with the defense and the problem was discussed in open court.

Several people picked up on the original date and ran with the accusations of prosecution misbehavior.

Here is the FL State Attorney's Office response (.pdf) to the New York Times article which caught the most attention.

There was no prosecutorial misconduct, or even an appearance of such.

Except perhaps in the minds of media rumor mongers jumping on what sounded like a juicy and salacious "revelation" without checking their facts.

 

[Moon-Spinner]

And now - For your entertainment pleasure - The Casey Anthony DUNKING BOOTH !!!

Dunking Booth

Watch the video. I was actually amused by it the whole concept. In the video (at least) people seem to be looking at it all in fun.

Well shoot, after only one day, now the Casey Anthony Dunking Booth has been shut down!

Dunking Booth Shut Down

It's a carnival, where all manner of tasteless and tacky things exist, this seemed to fit right in...

 

[Gord_in_Toronto]

That woman had better watch her back. I doubt (and hope) if she will ever be happy. Lizzy Borden died alone and O J Simpson blew it. People never completely get away with wrongdoing.

The Universe does not work this way no matter how much you wish it did.

The Universe does not care.

The poor and oppressed mostly die in misery. The rich and powerful mostly die in a comfortable bed surrounded by their riches.

Neither goes anywhere -- to either reward or punishment.

 

[AlBell]

Well shoot, after only one day, now the Casey Anthony Dunking Booth has been shut down!

Dunking Booth Shut Down

It's a carnival, where all manner of tasteless and tacky things exist, this seemed to fit right in...

Soon out, dartboards and range targets bearing her likeness. I hope they don't sell well either.

 

[triforcharity]

They did. In a prompt and timely fashion.




It was.

Here's a portion of the trial raw video of that day. The relevant segment is about 10 minutes in.

Here's John Bradley's statement (a blog post) discussing the issue. It was this post which began all of the furor. Bradley is the designer of CacheBack who testified in the trial. Note that the date which he initially recalled as the one when he saw Sergeant Stenger's testimony. He was working from memory, and got it wrong.

(It is perhaps important to note that at the time he wrote this he was not making a press statement or directing comments to the parties involved in the trial. He was, instead, responding to another blog post made by his competitor NetAnalysis concerning the relative merits and flaws of their respective software as it related to the Anthony trial.)

The date error is crucial to this dust-up. If he had notified the OCSO (and thus the SA) immediately after the 16th then Linda Burdich's cross of Cindy Anthony on the 22nd would have been done in full knowledge that the 84 visit count was a mistake. But in reality he had contacted them after that testimony.

When the State was made aware of the issue about the CacheBack file parsing error they shared it with the defense and the problem was discussed in open court.

Several people picked up on the original date and ran with the accusations of prosecution misbehavior.

Here is the FL State Attorney's Office response (.pdf) to the New York Times article which caught the most attention.

There was no prosecutorial misconduct, or even an appearance of such.

Except perhaps in the minds of media rumor mongers jumping on what sounded like a juicy and salacious "revelation" without checking their facts.

Thank you so much. I stand corrected.

 

[Moon-Spinner]

HOLD THE PRESSES - Today, July 21st, 2011, marks the first day in history that in this 24 hour period, not ONE Casey Anthony story in all the news outlets!!!!

Maybe she's finally being forgotten about!

 

[William Parcher]

HOLD THE PRESSES - Today, July 21st, 2011, marks the first day in history that in this 24 hour period, not ONE Casey Anthony story in all the news outlets!!!!

Maybe she's finally being forgotten about!

The presses shall not be held. There was this news and others today. It's probably going to be a while before a day passes without any news related to her.


Producer Says He Met With Casey Anthony - Company Offers $5M For Interview

A producer who offered Casey Anthony $1 million for an interview told cable news channel HLN that he met with the recently acquitted woman in Palm Springs, Calif.

...Meanwhile, a company called Schalmo Production, based in Ohio, claims to be offering Anthony $5 million for an interview.

 

[slingblade]

HOLD THE PRESSES - Today, July 21st, 2011, marks the first day in history that in this 24 hour period, not ONE Casey Anthony story in all the news outlets!!!!

Maybe she's finally being forgotten about!

HOLD THE PHONE!

ORLANDO, Fla. — The Casey Anthony murder investigation and trial cost taxpayers almost $700,000, based on new tallies on Friday from the major agencies involved in the case.

Prosecutors are seeking reimbursement from Anthony, 25, who was acquitted July 5 of murdering her two-year-old daughter Caylee. Casey Anthony was convicted of four charges of lying to detectives in 2008 and leading them astray from the first day of the investigation into the fate of the missing toddler.

A hearing is scheduled for August 25 at which trial judge Belvin Perry will decide how much of the bill Anthony must pay.

http://www.msnbc.msn.com/id/43950849/ns/us_news-crime_and_courts/


...not sure how I feel about this, really.

 

[triforcharity]

I would think that would almost be double jeopardy? That would seem to me to be illegal. She was found not guilty of murdering her daughter. How can they charge her for the investigation into that? I would assume they would be able to charge her the cost of investigations into the lying to police, since she is guilty of that.

I would think this would be illegal.

 

[slingblade]

I would think that would almost be double jeopardy? That would seem to me to be illegal. She was found not guilty of murdering her daughter. How can they charge her for the investigation into that? I would assume they would be able to charge her the cost of investigations into the lying to police, since she is guilty of that.

I would think this would be illegal.

See, it smacks too much of revenge to me, too. "We may not have gotten you in court the way we wanted, but we can get you in your wallet, BWAHAHAHAHA!"

Then again, if because she did lie, it did cost monies that wouldn't have had to be spent...but still.

I know that in Colorado--on an only slightly, peripherally related note--if your own stupidity and gross disregard for posted warnings gets you lost in the mountains, or you trigger an avalanche and have to be dug out (IOW, in certain and specific circumstances), you can be charged for your rescue. And it's not cheap.

I'm on the fence. If only it didn't seem so much like grasping revenge...

 

[quadraginta]

See, it smacks too much of revenge to me, too. "We may not have gotten you in court the way we wanted, but we can get you in your wallet, BWAHAHAHAHA!"

Then again, if because she did lie, it did cost monies that wouldn't have had to be spent...but still.

I know that in Colorado--on an only slightly, peripherally related note--if your own stupidity and gross disregard for posted warnings gets you lost in the mountains, or you trigger an avalanche and have to be dug out (IOW, in certain and specific circumstances), you can be charged for your rescue. And it's not cheap.

I'm on the fence. If only it didn't seem so much like grasping revenge...

There's certainly a revenge element involved, and I agree, I don't care much for that part, either.

Part of the idea behind it is that if Casey hadn't lied to authorities about what had happened to her daughter (claiming she had been abducted instead of Version Two, where she drowned and Casey panicked) then the authorities wouldn't have spent all that time and money trying to find a child that wasn't really missing. The OCSO share (~$300,000) of the expenses they are trying to recoup is supposedly only for the period between the time Caylee was reported missing and the time the remains were found.

That's the only thing she was convicted of. Four counts of lying to the authorities.

And she's appealing those convictions.

And asking for State financial assistance to pay for her appeals.

Ya gotta love the chutzpah.

ETA: This article from WFTV, the local Orlando station that's been closest to the case since the beginning, puts the total the the state of Florida is trying to get back at ~$500,000.

The Sheriff's Office said it is requesting Casey to be ordered, as part of her sentence, to reimburse them a total of $293,123.77 for the cost of investigation. That’s in addition to the $222,000 already requested by the State Attorney’s Office, MBI and the FDLE.

 

[triforcharity]

I agree. I smells like revenge to me too. Baffling......

 

[Moon-Spinner]

I agree. I smells like revenge to me too. Baffling......

I can see it both ways as others have too: Smells like revenge (and they will continue to dog her for years to come, just as society and Nancy Grace will), but on the other hand, she did cause a lot of expense by lying about where her daughter was.

Now she's ordered back to Orlando court to deal with a probation issue, so much for her going into hiding upon being released.

 

[William Parcher]

they will continue to dog her for years to come, just as society and Nancy Grace will

Caylee Nation^TM.

Now she's ordered back to Orlando court to deal with a probation issue, so much for her going into hiding upon being released.

Can she be allowed to stay elsewhere if she gets death threats in Orlando?

 

[triforcharity]

Can she be allowed to stay elsewhere if she gets death threats in Orlando?

That would be up to a judge. I would assume it's possible, but the names and addresses of people on probation are available under the FOIA law.

We shall have to see what happens. Seems odd though.

 

[Moon-Spinner]

Casey Anthony spotted in Ohio!!! Hold the presses, we have our first sighting, and unlike Bigfoot, we have real photographic evidence!!

Casey Spotted

 

[triforcharity]

Wow. She looks like she is starting to put her life back together. Good for her.

 

[The Greater Fool]

I'm surprised they (her keepers?) would allow her to run about un-escorted / unprotected.

 

[triforcharity]

Maybe she's protected by ninjas. Those guys are damn near invisible.