bLAWg, bLOG, BLAHg by Criminal Lawyer Richard Hornsby Rotating Header Image

March, 2010:

WTF Do You Want to Know?

Watching American Idol on DVR and wondering if Ellen got a spray tan.

But beside that, I would like to know what you all would like to know. Honestly I am a little bored and see this case moving towards more substantive hearings by May/June.

So what do you want to know about (legally speaking)? So please leave a comment, debate with each other,  but leave a comment about what you would like to know more about.

I will either answer the top 10 questions, or address one major topic that everyone is interested in.

p.s. Please vote for Big Mike on American Idol!!!

This Made Me Laugh, Oh the Irony!

So there I was, researching something on Google about the Casey Anthony case and I came across this wonderful quote that a certain legal commentator for WFTV (ABC’s local affiliate) made regarding my criticism of his objectivity and the objectivity of the reporter he works with.

“As your readers have seen over the past several days, one way to obfuscate the truth and shift focus from damning facts is to create a straw man upon whom to lodge false allegations. It is an unfortunate, but sometimes effective, way of creating a diversion orchestrated to cause confusion and to divert attention from the core issues.” Orlando Sentinel, November 24, 2009: Casey Anthony: WFTV’s Bill Sheaffer answers latest criticism from TV analyst.

And is it not just so ironic that the upcoming indigence hearing would ultimately reveal ABC (or as Jose Baez likes to mumble, the American Broadcasting Company) paid an accused child killer’s defense team $200,000.00 for photos and video of the child the defendant was accused of murdering.

Yet, the local ABC affiliate, WFTV, instead releases a series of “Jaw Dropping” reports that captures the public’s attention and completely divert the media focus from that same indigence hearing (i.e. The Real Story).

And to top it off, that same ABC affiliate pushed the “jaw dropping”  mistress story right until the very last desperate minute by tantalizing the public with the prospect that one of those reports would be “of the other shoe dropping…” (Spoiler Alert: It never did.)

And then, from none other than Tony Pipitone (whom the Baez camp seems to leak their information to first nowadays), a story comes out the day after the financial boondoggle hearing revealing the “jaw dropping” news that the Mistress’ affair can’t be substantiated by anyone (talk about the other shoe dropping).

Better yet, it was revealed that even if the affair was true, George Anthony only told her exactly what he has told everyone else from the very beginning:

“And I turned my head and he grabbed my hands, and he said, ‘It was an accident that snowballed out of control.’”  However, she said she couldn’t say why George Anthony thought it was an accident. She admitted that there wasn’t any other proof of what he told her that night. WKMG: Woman In Alleged Anthony Affair Reveals Details.

We call such hypothesis on the part of lay witnesses speculation – and speculation is inadmissible in a criminal courtroom. So basically all of this River Cruz mistress hoopla (to which the the TV Guy played a willing pawn) was a bunch of baloney.

Well maybe it wasn’t, I mean as one learned legal commentator has told us:

The one way to obfuscate the truth and shift focus from damning facts is to create a straw man (George Anthony) upon whom to lodge false allegations (an affair). It is an unfortunate, but sometimes effective, way of creating a diversion orchestrated to cause confusion and to divert attention from the core issues (The Indigence Hearing where it could be revealed ABC paid an accused murderer $200K).

Isn’t that the truth! And that, Ladies and Gentleman, is coming from the same legal commentator who works for local ABC affiliate WFTV; and for whom ABC News “licensed exclusive rights to an extensive library of photos and home videos for use by our broadcast platforms, affiliates and international partners.” Orlando Sentinel (March 18): Casey Anthony: ABC News says it licensed ‘library of photos’ through attorney

ROFL! And I thought Jose Baez had a conflict of interest brokering the deal in the first place (Casey, ABC has offered to pay $200K, but only if you keep me as an attorney and I get most of the money – please sign here)!

If you can’t trust your own local news stations to give it to you straight – who can you trust?

Please Read Florida Statute 27.52(7) Regarding Determination of Indigent Status

(7)  FINANCIAL DISCREPANCIES; FRAUD; FALSE INFORMATION.–

(a)  If the court learns of discrepancies between the application or motion and the actual financial status of the person found to be indigent or indigent for costs, the court shall determine whether the public defender, office of criminal conflict and civil regional counsel, or private attorney shall continue representation or whether the authorization for any other due process services previously authorized shall be revoked. The person may be heard regarding the information learned by the court. If the court, based on the information, determines that the person is not indigent or indigent for costs, the court shall order the public defender, office of criminal conflict and civil regional counsel, or private attorney to discontinue representation and revoke the provision of any other authorized due process services.

(b) If the court has reason to believe that any applicant, through fraud or misrepresentation, was improperly determined to be indigent or indigent for costs, the matter shall be referred to the state attorney. Twenty-five percent of any amount recovered by the state attorney as reasonable value of the services rendered, including fees, charges, and costs paid by the state on the person’s behalf, shall be remitted to the Department of Revenue for deposit into the Grants and Donations Trust Fund within the Justice Administrative Commission. Seventy-five percent of any amount recovered shall be remitted to the Department of Revenue for deposit into the General Revenue Fund.

(c)  A person [even an attorney] who knowingly provides [files] false information to the clerk or the court in seeking a determination of indigent status under this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Wise words from a criminal defense attorney

Wise words from a criminal defense attorney. A colleague of mine maintains a blog that seems to always express in simple terms what I would only be able to explain in complex terms.

So please, take a moment and read his most recent post. I think it will be especially enlightening to those who think Casey Anthony doesn’t deserve to have the State pay her due process costs.

Casey Anthony: 2008 Application for Indigent Status

Below is a link to the Application for Indigent Status filed by Casey Anthony the day after she was arrested in 2008.