Casey Anthony’s defense team worked for their turkey this year. Just before court closed for the holiday they managed to slip in 10 new motions.
Is there anything of interest in these motions? Some of the issues to be addressed: The unconstitutionality of the death penalty in Florida, deeming some of the jury instructions unconstitutional, and a “Statement of Particulars” from the State.
According to Richard Hornsby in a response to a commenter at his post below,
http://blog.richardhornsby.com/2009/11/26/judge-karen-this-turkey-is-no-expert/#comments
See Comment Response #18 on November 28th, at 13:37
the motions are standard ones filed in death penalty cases. He says, “The Statement of Particulars”, “6.) 11/25/2009 Motion (Defendant’s) for a Statement of Particulars Providing Notice of Aggravating Circumstance” should have been requested a long time ago, and it would provide a look at why the State has charged Casey Anthony with 1st degree murder.
Richard Hornsby, your expertise as a Florida defense attorney is, and I hope will continue to be a great help in explaining (in layman’s terms) the legal aspects of Casey Anthony’s upcoming trials. In spite of your busy schedule, you have generously stated that you will respond personally to any substantive question about this case, and you have made a real effort to do just that. I, for one, say thanks! 
Here are the motions:
1.) 11/25/2009 Motion to Declare Florida Statute Section 921.141 Unconstitutional Under Ring vs. Arizona
———11/25/2009 Memorandum of Law in Support of Defendant’s Motion to Declare Florida Statute 921.141 Unconstitutional Under Ring vs. Arizona
2.)–11/25/2009 Motion to Declare Fla. Stat. 921.141(5)(h) and/or the Standard (5)(h) Jury Instruction Unconstitutional Facially and as Applied
——–11/25/2009 Memorandum Supporting Motion to Declare Fla. Stat. 921.141(5)(h) and/or the Standard (5)(h) Jury instruction Unconstitutional Facially and as Applied
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3.) 11/25/2009 Motion to Declare Section 921.141(5)(d) Florida Statute and/or the Section 921.141(5)(d) Standard Instruction Unconstitutional Facially and as Applied and to Preclude their Application at Bar
——–11/25/2009 Memorandum of Law in Support of Defendant’s Motion to Declare Section 921.141(5)(d) Florida Statute and/or the Section 921.141(5)(d) Standard Instruction Unconstitutional Facially and as Applied and to Preclude their Application at Bar
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4.) 11/25/2009 Motion to Declare Florida Statutes 921.141(5)(I) Unconstitutional and to Preclude its Use in the Present Case
———11/25/2009 Memorandum of Law in Support of Motion to Declare Florida Statutes 921.141(5)(I) Unconstitutional and to Preclude its Use in the Present Case
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5.) 11/25/2009 Motion to Declare Florida Statute 921.141(5)(L) Unconstitutional Facially and as Applied, and to Preclude its Use in the Case at Bar
———11/25/2009 Memorandum of Law in Support of Defendant’s Motion to Declare Florida Statute 921.141(5)(L) Unconstitutional Facially and as Applied, and to Preclude its Use in the Case at Bar
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6.) 11/25/2009 Motion (Defendant’s) for a Statement of Particulars Providing Notice of Aggravating Circumstance
——–11/25/2009 Memorandum of Law in Support of Defendant’s Motion for a Statement of Particulars Providing Notice of Aggravating Circumstances
————--11/25/2009 Other Table of Exhibits in Support of Defendant’s Motion for a Statement of Particulars Providing Notice of Aggravating Factors
——–11/25/2009 Memorandum of Law in Support of Defendant’s Objection to the Standard Jury Instruction on Reasonable Doubt
———-—-11/25/2009 Objection Written Objection to the Standard Jury Instruction on Reasonable Doubt
——————–11/25/2009 Other Table of Exhibits for Defendant’s Written Objection to the Standard Jury Instruction on Reasonable Doubt
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7.) 11/25/2009 Motion to Declare 921.141(5)(M) Unconstitutional Facially and as Applied (Victim Vulnerable Due to Age, Disability, or Familial or Custodial Authority)
———-11/25/2009 Memorandum of Law in Support of Motion to Declare 921.141(5)(M) Unconstitutional Facially and as Applied (Victim Vulnerable Due to Age, Disability, or Familial or Custodial Authority)
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8.) 11/25/2009 Motion to Declare 921.141 Florida Statutes Unconstitutional Because it Improperly Shifts Burdens of Proof to the Defendant, Thereby Creating a Presumption of Death
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9.)11/25/2009 Motion to Prohibit any Reference to the Jury’s Role at the Penalty Phase Being ‘Advisory’ or to the Jury’s Penalty Verdict as Being a ‘Recommendation’
——–11/25/2009 Memorandum of Law in Support of Defendant’s Motion to Prohibit any Reference to the Jury’s Role at the Penalty Phase as Being ‘Advisory’ or to the Jury’s Penalty Verdict as Being a ‘Recommendation’
——————-11/25/2009 Exhibit(s) in Support of Motion to Prohibit any Reference to the Jury’s Role at the Penalty Phase Being ‘Advisory’ or to the Jury’s Penalty Verdict as Being a ‘Recommendation’
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11/25/2009 Motion to Declare Florida Statute 921.141 Unconstitutional Due to its Failure to Narrow the Scope of the Death Penalty
————-11/25/2009 Memorandum of Law in Support of Motion to Declare Florida Statute 921.141 Unconstitutional Due to its Failure to Narrow the Scope of the Death Penalty
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10.) 11/25/2009 Motion for Jury Instructions Correctly Defining “Premeditation”
———–—11/25/2009 Memorandum Accompanying Motion for Jury Instructions Correctly Defining “Premeditation”
______________________________________________________________
12/11/2009 Hearing-9:30 AM for Protective Order Motion to Strike Notice of Deposition and Motion
1/21/2010 Hearing 10:00 AM status/ pretrial
_____________________________________________________________
I’ll add links to the actual motions as soon as they are available.
From:
http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=6236234
search by: “case”
enter case #: 2008-CF-015606-A-O
I hope everyone has a blessed, happy Thanksgiving, and……
“May your stuffing be tasty
May your turkey plump,
May your potatoes and gravy
Have nary a lump.
May your yams be delicious
And your pies take the prize,
And may your Thanksgiving dinner
Stay off your thighs!”
– Anonymous
Casey Anthony’s defense wants all TES records. They say they’ve found 2 TES volunteers claiming Caylee’s body wasn’t there in Sept. 08
A while back, Judge Strickland ordered Tim Miller to turn over the name of 32 volunteers who searched near the wood’s where Caylee was found. Miller said no volunteers searched the exact area where her body was discovered. The defense team has filed a motion demanding that Tim Miller now release all his records concerning the Caylee Anthony search.
Motion to modify the court’s order for TES documents LINK
They say they’ve located two additional volunteers whose names weren’t on Tim Miller’s list. The defense says these two TES volunteers claim Caylee’s body was not in the woods when they searched the area in September, 2008. If this can be proven, it supports Casey’s defense team’s claim that a stranger dumped Caylee’s body where it was found while Casey was in jail.
Joe Jordan claims he searched the area on Sept. 1, 2008 with five or six other people. One of those people was a dog handler named Danny Ibison and there was another dog handler from the Panama City Sheriff’s Office.
Laura Buchanan, New Jersey, has submitted a sworn statement saying:
“On Sept. 3, 2008 … I personally searched near the privacy fence and worked my way towards, and then the spot, where the body was found.I did not notice anything unusual. I did not notice a strange smell. I noticed no buzzards, nor unusual animal or insect activity.It is my opinion that the remains of Caylee Anthony were not there during the time of our search.”
Those two of course aren’t the only former TES volunteers to say Caylee’s body wasn’t there in September. Joy Wray put her two cents in saying she was questioned by detectives Monday. She claims to have information on her computer that proves Casey’s innocence……
http://www.orlandosentinel.com
WESH video about the TES witnesses
If Caylee was placed in the wood’s in June, (and the entomology reports verify that) her body would have quickly skeletonized in the hot Florida sun. There would have been no smell, no buzzards, no unusual animal or insect activity by September.
It’s also my understanding that the area in question was under water or boggy when Miller’s search teams were in the area. So, did these two walk on water? And if they were on a search team, why aren’t their team mates coming forward to make similar claims? Why just these two? Do we know if Danny Ibison, the dog handler has been found?
My guess is that the defense had these people’s statements before they asked for TES volunteer records. They asked for them in hopes of verifying Jordan’s and Buchanan’s statements. When they didn’t show up among the 32 Miller gave them, they decided to try again to get the full list of volunteers to check their names against.
And I’m not even going to comment on the infamous Joy Wray.
In a news conference tonight,it was revealed by police that 5 year old Shaynia Davis’ cause of death was asphyxiation. Mario McNeill is being charged with 1st-degree murder and rape of a child. He is being held without bond. It is not yet known if her mother will be charged with murder as well.
This is just so heartbreaking to me. I had prayed she had not been raped. How could anyone do this to an innocent little girl? It’s just beyond all understanding. And please don’t tell me what a horrible life this man must have had. He could have made a different choice. Did he go ahead and kill her because she could have identified him? He got caught anyway. He killed her for nothing. What will happen to him now is far worse than the punishment he would have received for raping her and sparing her life.
By all accounts this child was loved and well-cared for by her Dad. I hope he can find some comfort in knowing he gave Shaynia the security and stability she could never have had if he had not stepped up and raised her. She appeared to be a very happy little girl, and that was because of him.
Did Roy Kronk kill Caylee? The defense says it’s possible in a new memorandum to a motion filed today
Shortly after deposing Roy Kronk, the man who found Caylee’s body, Casey Anthony’s defense team filed another motion. This one alleges that Roy Kronk could be responsible for Caylee’s death.
Baez filed the motion that for the first time gives a glimpse into the defense’s strategy that someone besides Casey Anthony killed Caylee. The motion claims that Kronk has a history of abusing and restraining women with duct tape as well as holding them against their will. It also claims that Kronk has a history of inappropriate behavior with young girls.
The motion states that Kronk, “is involved in an imaginary world of fantasy and violence.” and ends by stating that, “Roy M. Kronk should have been a suspect in this case.”
Kronk, said, “I haven’t done anything wrong, and I maintained that all along.”
Baez interviewed two of Kronk’s ex-wives, a live-in girlfriend’s daughter, and his son. They paint a picture of Kronk as an untrustworthy person who isn’t above resorting to violence. The ex-wives say Kronk physically attacked them, and one of the women said he held her hostage for two week and that duct tape was used to bind her. There are no police reports to support these women’s claims.
Kronk’s son Brandon Sparks said his father told him before Thanksgiving 2008 that he found Caylee’s body and would be on television, leading Baez to claim in the motion that Kronk not only knew the location of Caylee’s body in November of 2008, and that he may even have had possession of it.
The defense hired a new member for the A-Team, Mort Smith, a private investigator and professor at DePaul University. (Andrea Lyon’s stomping ground) He was apparently hired to dig up dirt on Kronk.
Baez says that all the prosecution has is circumstantial evidence against Casey for 1st degree murder and in order for that to stick, all other options must be ruled out according to Florida law.
Kronk’s attorney, David Evans, issued a news release this evening:
“Shortly after adjourning the deposition, the Anthony defense team filed a Motion, Memorandum of Law, and accompanying materials suggesting that Roy Kronk, the individual who found Caylee Anthony’s remains and repeatedly reported his find to law enforcement agencies, should be considered a suspect in the murder of Caylee Anthony,” Evans said. “He voluntarily appeared today and truthfully responded to all questions asked by Anthony’s attorney. He has cooperated fully with law enforcement from Day One. He has nothing to hide, and has hidden nothing.
In their zeal to defend Casey Anthony, defense counsel has filed papers with the Court that are filled with allegations that have no basis in fact and falsely accuse Mr. Kronk of various types of bad behavior,” Evans said. “The State will respond to these papers in due course in the criminal proceedings. As for Mr. Kronk, he vehemently denies the allegations against him and is confident that he will be vindicated. In the meantime, as he stated early on in this case, no good deed goes unpunished.”
Here’s the memorandum to the motion. It’s slightly out of focus but you can still read it. I’ll post a clearer version as soon as I can find it.
Kronk memorandum to support motion in limine LINK
read more on this story below:
I’m stunned speechless!
