Riddle me this:
If Judge Strickland were to grant Casey Anthony’s Motion for Change of Venue and also sequester the jury, where would the trial be held?
Answer: Orange County 
See Section 910.03(3), Florida Statutes.
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.
Sounds like the perfect solution! Wonder why this hasn’t crossed Baez’s mind, or, is he even aware of the statue. LOL!
Would Baez be satisfied with a JURY being selected from Miami & brought to Orlando? I suspect NOT, it would be cheaper on the TAX payers & reasonable.
So WHY is Baez implying he wants the ENTIRE Trial moved to another County in his change of VENUE Motion?
Make no mistake, the Capital case WILL be tried in Orange County. The jury may be from another county, but the case will be tried in Orange County.
Notwithstanding the statute, which cannot be overridden, the State has 200+ witnesses.
What would be cheaper, put all of the witnesses, court personnel, and attorneys up in hotels in another county for several weeks; or
Put 15 or so jurors (have to take into account the alternates) up in a posh hotel here in Orlando?
Hornsbydamus has spoken, the Capital case will be held in Orlando, Florida.
Thank you!
Oh, yeah ……. what fun for out of towners!!
Being sequestered in another county ……..
Would be enough to make some bristle immediately due to derailing their lives, for what ………?????
*SI*
Help me out here.
The way I am reading this is that upon jury selectin “IF” the jury is to be sequestered, then a jury can be brought in from another county.
Is this to mean that for a jury to be selected and brought to the county where the crime was committed, there must be an order for sequestering?
Take the check fraud case, it will take a day or two and has about five witnesses.
So even though Judge Strickland MIGHT agree to a change of venue, he would not likely sequester the jury for such a short trial. So the trial would be held in the county where the jury was picked.
On the other hand, the Capital case will take weeks and has hundreds of witnesses and will be a global sensation. Strickland would grant the change of venue and have to sequester the jury – not just for to prohibit media exposure, but because of logistics of witnesses and personnel. Thus, by statute, he is required to bring the jury back to Orlando and conduct the trial.
do you still think she will plead guilty @ the last minute to avoid the trial?
do you have more coming on baez? I was hoping for more : )
I do think she will plead at the last minute, a trial would be suicide and only make things worse.
I need a break, maybe in a week or so.
I hope her lawyers make it clear to her, that it would be suicidal to go to trial. If not Baez, then perhaps Lyon.
The PDF link for Baez’s MOTION for change of VENUE is:
http://www.wftv.com/pdf/19374401/detail.html
The PDF is 13 pages long, he blames everyone including Nancy Grace & all media for the publicity but takes NO responsibility for the sensationalism contributed by KC’s parent’s or Defense Team. I am still smarting from the ridiculous news conference he called himself, about being HISPANIC & the importance of such a high profile case in the community!
He is sighting case law, Singer v U.S. 380 U.S. 24,85 & Sheppard v Maxwell, (yes! that’s Sam Sheppard!), U.S.333 1966.
The above link was filed in May 2009. After Lyin Lyon’s joined the Defense Team, another motion was filed for CHANGE of VENUE, I guess Lyon’s was “cleaning up after Baez” as RH mentioned in previous topic.
This MOTION for CHANGE of VENUE was filed 10/9/2009:
http://www.docstoc.com/docs/13252007/Casey-Anthony-change-of-venue-by-defense
RH, I was told the same thing by a legal comentator for a local news station Dec. 11, after the hearing.
The fact that so many witnesses are local, it is the perfect solution.
Question: Do you think the jury will be taken on a “field trip” to view (smell) the car?
I mention smell because rumor has it, the car still has a very strong odor.
Do you have any info on that?
I doubt the jury would want to smell the car. Shouldn’t they trust the reports of the FBI labs? Even if they were to “smell the car”, would they be able to determine what caused the smell with their noses alone, or would they have to rely on expert witnesses regarding the source of the odor?
Hello Richard….I think you are right about it being a boyfriend who turned her on to Baez, but I don’t think it was Jesse..I think it was the cop boyfriend who got fired for lying to LE..I keep remembering her first court appearance and her smiling and batting her eyes at someone……my guess is that it is him…….Who knows he may be a side kick for Baez who gives out his cards in the jail……and he called in a favor…..Just saying……who knows…..Another reason I don’t think it was Jesse is when Casey showed him a card that Jesse gave her…saying how much he loved caylee Baez then tried to say maybe it was Jesse who killed caylee….I think this whole case has turned into a circus….and I think its time for the big tent to come down……..Just Sayng…… :>)
Hey Richard..
Why in the world do you think that Bozo did not make the fraud case “go away” a long time ago?…
What was the incentive for him to drag it out and create all the “change of venue” drama ,yadda ..yadda ..yadda?
Really, aside from bozo being moron extraordinaire, what was he thinking?
And, why would Bozo not opt for a “judge only” trial versus a “jury” trial?
Thanks , violette
violette, jmo, probably more of “moron extraordinaire” not knowing the appropriate thing to do. I noticed the PAYMENT to Bank America wasn’t made UNTIL a year later, when, Lyin Lyon’s came aboard.
A year too late meant a year more “sensationalism,” if Baez had any sense, it seems he would have made that repayment of stolen funds immediately instead of letting it escalate as you say. I am interested too, in RH’s opinion on this.
The payment to Bank of America is not admissible as any type of exculpatory evidence. The question is whether she stole money at the time, not whether they were ever compensated.
The monies were repaid pretty early on but Baez could not “make the fraud case go away” — she’s going to be found guilty and that won’t look good for her going in to the capital case – you don’t want to be guilty of a felony, whether adjudicated or not, when on trial for murder.
He was playing for time, hoping the murder case would come FIRST but it looks like he has lost that battle.
He lost more than one battle if the story about Casey being offered eight-years by the State is true, and he turned it down, too!!!! This was before Caylee was found. That, plus not moving on a speedy trial were two very serious mistakes.
Well, originally the case was abated pending the outcome of the capital case. So he was thinking that he did not need to worry about this case. But now he is in a pickle, the smartest thing would be to move for consolidation.
RH, here again, is this more “ineptitude” on Baez’s Legal Advice?
GOD I love Fla. Law. Did Baez NOT KNOW about the VICTIM’s Right to a SPEEDY Trial in a Criminal Case? Perhaps the STATE “did” educate Amy H. of her RIGHT to have this prosecuted, maybe she didn’t, but at every avenue, Baez had “made bad decisions” it seems on KC’s behalf!
I guess waiting until 24 hours before the trial, SPENDING tax payers dollars going thru Voir Dire, will ONLY add to this SENSATIONAL Case, & gosh, Baez whines about getting a Jury! Only seems fair these expenses should GO to the DEFENSE for wasting TAXPAYER dollars & Grand Standing.
artnut,
Thank you for the link. I find line 5 of page 2 interesting because it discusses
” The effects of the national media coverage is reported on and emphasized by the local media”
But it has been the defense and the parents who have been on National TV.
They maybe should have omitted that argument. lol
Mr, Hornsby, Can you explain why John Couey had his trial moved to Miami from Citrus County and why this case is different? TIA
Well the cases are obviously factually different. Couey was a convicted sex offender who admitted to burying the poor child alive after raping her. But as for why the trial was moved, it was because there was no way that Couey would get a fair and impartial jury panel in Citrus County, because that is where the case occurred. Just like it is unlikely that Casey could get a fair and impartial jury here in Orange County.
Richard do you honestly believe Casey can get a fair trial anywhere ??
Of course she can! This trial may be huge for people who are following it, but not so much for the average bear.
Just last year was a Presidential election and you’d be shocked at the vast number of people happily announcing that they “weren’t following it.” It was on all 24 hour cable channels, every newspaper and TONS of websites for months. Casey Anthony’s woes are relegated to Nancy Grace and the occasional CourtTV segment.
Casey Anthony isn’t the end-all be-all to more folks than I guess you’d imagine. Michael Skakel went on trial in CT and it was BIG news, with constant publicity. They chose a jury there with little fanfare. It happens all the time. Just because *you* pay attention to this case doesn’t mean most people on the jury selection list are even close.
What will be the criteria for a juror to be selected for these criminal charges? I would like to know the process and considerations in which jurors are chosen, and the reason I’m asking is that I once had a trial by jury in a motor vehicle accident several years ago. Two of the jurors selected barely had an education. I never did understand why my attorney allowed these two to be selected; however, he did win the case for me. I would hope that many considerations go into the selection of a jury for this case.
Link to Motion for a Jury Questionnaire filed by Baez/Lyon Oct.9/09
http://i2.cdn.turner.com/cnn/2009/images/10/15/motion.for.a.jury.questionnaire.pdf
Thank you so much for this link as I totally missed it!
You are welcome GFD/TN.
I am curious about the many motions that have been filed and not yet addressed. How does the system work? Obviously it’s at the judge’s discretion. Are some put aside and dealt with closer to trial? Are some heard in chamber without the public, or basically the media, being aware?
From what I am understanding, once the Baez team has filed a motion, Prosecution has thirty days in which to answer, then another ten days for Baez team to respond before it can be heard in court. I believe another motion was filed by Baez team regarding sequestering potential jurors for questioning. I don’t know where all of these motions stand now; however, I would like to know the number of motions already filed in this case.
what if they cannot find a fair and impartial jury from anywhere? what would happen then?
“A good lawyer knows the law. A great lawyer knows the judge.” (smiles)
Hi Richard,
First time posting for me. I just came from Ohio. People are clueless with the Casey Anthony case. Can they get a jury from another state?
Thanks, I’m enjoying your post.
No.
On My …guess you can tell that was my first post. I used my name. Now what do I do?
I guess you could ask Mr. Hornsby to delete your posts.
When you post next time, use a nickname.
If the trial stays in Orange County how will the media and citizen spectators be handled?
What is the seating capacity in the courtroom and who decides which members of the public and press get access?
Obviously family members of victims are always accomodated without question.
Who gets the remainder of the seats? Will it be reserved for credentialed press only? Will the public be denied altogether as a matter of security?
Will there be a lottery style assignment of seats?
How does it work?
Thanks in advance for any light you can shine on this issue.
I am in the dark as to these questions. I suppose common sense rules will be imposed.
Thank you for your response.
I’m just curious as rumor has it, a bunch of bored housewifes are trying to raise funds so they can travel to Florida for the trial.
I would imagine the press gets first dibs. Followed by the locals. (Students preferrably).
I doubt there will be any room left for hairdresser’s from Massachusette’s.
Thanks again.
Here’s wishing you and your readers a very Happy New Year.
In the Scott Peterson trial….the family was guaranteed a seat, the media was allotted a certain number of seats, and the general public got the remaining seats. People had to get a “ticket” to be able to get in to the courtroom. First, they had to show up, get a ticket, and then hope their number was drawn.
Perhaps Florida will use California as a model, or perhaps seating will be on a first come first serve basis.
Thank you Pipkin.
The California model you describe makes sense to me.
That is what I meant by “lottery style” seat assignment.
That’s probably what they will do.
If all the “searchers” show up, they’ll probably need extra security too.
I don’t know if my question will be answerable (< such a word?).
If a person is convicted to death row and say they have been there for 10 to 15 years, could they make a deal to get LWOP if they decided to confess to their crime?
WouldLike, that’s something I’ve been wondering, too. RH?