I just saw the Orlando Sentinel TV Guy’s post about the disagreement between WESH and WTFV, I mean WFTV (sorry, Freudian slip) regarding when the deadline is for Casey Anthony’s defense team to file an objection to the State releasing Casey Anthony’s jailhouse letters and thought I would step in and clear this up before everyone gets their suspenders in a knot…
The deadline for filing an objection to Casey Anthony’s jailhouse letters is Monday at 5:00 p.m. – meaning the earliest the State could release them is Tuesday morning.
This is because all legal deadlines in criminal cases are controlled by Florida Rule of Criminal Procedure 3.040. (The rule is the same in civil cases as well, but defined under a separate number in the civil rules.)
Florida Rule of Criminal Procedure 3.040 - Computation of Time
In computing any period of time prescribed or allowed by these rules, by order of court, or by anyapplicable statute, the day of the act or event from which the designated period of time begins to run is not to be included.
The last day of the period so computed shall be counted, unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day that is neither a Saturday, Sunday, nor legal holiday.
Under this rule, the day that Judge Strickland imposed the fifteen day limit (March 18, 2010) is not counted and the following day (March 19, 2010) is considered Day 1 in the computation.
So if March 19 was day 1, then according to my calendar Friday, April 2, 2010 is Day 15 – meaning he would have until the close of the business day to file an objection to the release.
But egads! the Orange County Clerk of Court was closed to the public for Good Friday! And the following two days, Saturday and Sunday, are the “weekend.”
Well since Friday was a legal holiday (See Ninth Circuit Legal Holidays), by operation of rule 3.040, when such time and space continuum problems arise; the deadline is “magically” extended until the next full business day.
So the answer to that WESH and WTFV “disagreement” is that they (and CF13 News as well) are incorrect (nothing new for WTFV, not a big deal for CF13, and WESH wins the award for being the closest).
Anyway, the answer is that Casey Anthony’s defense team has until the close of business on Monday to file an objection to the release of the jailhouse letters. Meaning the earliest the State is legally allowed to release them is Tuesday morning (or maybe Monday at 5:01 p.m. – I’m not really sure on that).
Peace out my unfaithful and catch me this Sunday at 8.p.m. on “Watts up With This!” on BlogTalkRadio, while we discuss the latest Casey Anthony nonsense.
p.s. I spoke to someone at the State Attorney’s Office who has read the letters and the only thing he would tell me is that they are “drivel.” MY ASS! Chloroform is a big deal as is no more Zenaida..
p.s.s. What makes you think they will file an objection anyway? With the “Game Changer” on board, maybe they have figured out when to “hold ‘em and when to fold ‘em.”
Hornsby 700, baez 2
Da Law
Richard,
I have a question that is not specifically case-related, but is perhaps relevant in regards to future cases tried in FL – the State of the Sunshine Laws.
After engaging with forum posters, participating in the Watts blogtalk radio sessions, and now reading the Casey jail house communications letters and on line commentary about them…
* what are the three key things that you’ve learned as an FL Criminal Defense lawyer about the mindset of the on line masses?
You’ve read hundreds of posts, answered many questions and watched your fellow attorneys handle issues directly for their client &/or provide analysis as an external observer on this case.
What will you take forward with you from this high-profile case’s on line experience when you try your own criminal cases in the future? How will you (and maybe other attorneys) apply new knowledge about on line informal media when you:
A. speak with your clients (charged suspects)
B. give media interviews
C. research & review the on line audience’s input and commentary
In short, what have you learned throughout this that may alter/advise clients and attorneys in the future, especially with the Sunshine Law in play?
Thanks for any insight.
Mr. Hornsby:
Per your statement, referencing the Wesh article. Curious about opinion why you think the “incest revelation” is huge? The public at large learned/heard/read these allegations in 2008.
Perhaps, the change > because Casey put a pen to paper declaration?
Maybe now we can see what the Defense [besides sloppy/lazy] will create for her diminished capacity. Well, I am not buying what they are peddling!
Baez decided to release= CYA!!! What about his smuggling contraband?
Letters from and to Anthony’s? The guard coincidentally Hispanic, hmmmmm. Nothing and everything is suspect.
Personally, I could not read beyond 20 pages, of the insane writing.
Baez, if you read….you guys are toast. For every shell you fabricate, you nail the coffin tighter!
Hope you blog on the ethical factors, and address the ramifications.
Thanks
What are your thoughts on the Anthony’s (all 3 of them) lying under oath at their depositions for the SAO. Also will Baez face any punishment for smuggling said letters? surely he cannot claim lawyer/client privledge while involving a 3rd party?
I don’t understand why you feel the incest revelation is huge, either.
One thing that has been proven already beyond ANY doubt is that Casey Anthony is a diabolical, compulsive liar. Even Judge Strickland opined at her arraignment that, “It is clear the truth and Ms. Anthony are strangers.” There is certainly no love lost for George or Lee Anthony on my part, but WHY would anyone choose to believe just this one highly inflammatory snippet Jsimply because CASEY ANTHONY says it happened? At this point, the only way I can think of that accusation could be proven is if George or Lee confessed it happened. They have already issued a statement saying that is not true and never happened.
Even if one wanted to believe Casey, I don’t see how it could be proven to be true.
Does pro bono mean “for-free and in my spare time when I’m not working for paying clients?” I ask this because this is a capital murder case with the DP on the table, and aren’t these types of cases all consuming so-to-speak? Could you afford to try a case like this for free?
Mr. Hornsby~ I read a snippet of your commentary on these recently released letters over at the CD and I have to say that I am in total disagreement with your statements (something that rarely every happens).
Here are my complaints:
1.The sex abuse allegations were not a new bombshell~ we already heard those allegations a while back from Jesse.
2. As for the chloroform~ it was never mentioned by either Casey OR the informant so that wasn’t a bomshell either!
The most explosive thing to come out with this latest doc dump is that Melich screwed up BIG TIME in his summary report by stating that Robyn Adams said that Casey admitted to her that she used chlorofrm on Caylee. That one little fiblet right there could cause a world of trouble for the prosecution if it gets out in court, whether it was intentional or not…ahem…can you cay Mark Fuhrman??? What do you say about this ‘mistruth’ told by Melich in the summary report?
Mr. Hornsby, what is your opinion on the contents of page 45 of the new document dump?
Link: http://www.examiner.com/x-7403-Tampa-Crime-Examiner~y2010m4d7-Casey-Anthony-jailhouse-letters-read-statements-by-Cecelia-Benhaida-Robyn-Adams-and-Maya-Derkovic
My completely non legal opinion is that the defense might have grounds to suppress the conversation with Maya Derkovic. Even though the detective claims that he is not soliciting her to be an informant he seems to be goading her to gather information.
On another note, the jail trustee who passed letters between Casey and Ceccelia Benhaida (and didn’t keep the letters), is the sister of the woman who had an affair with George Anthony, and (from my reading of the documents) did not mention this until conferring with her sister. She doesn’t have anything to support that she had passed the letters. This seems very suspicious, my personal conspiracy theory is the guard on paid leave passed the letters, but if Ms. Benhaida claims responsibility, it isn’t state action.
As a final note, Chloroform is NOT used as an anapestic by ANY hospital in the US because of it’s side effects, although it is used as a solvent for the preparation of certain medications (I’m an ex-chem major). That said however, Robyn Adams statement is very suspect. She claims that Casey obtained the chloroform from her mother who is a nurse; why is a nurse bringing home a dangerous industrial solvent? It seems like it fits the state’s theory but lacks all common sense.*
P.S. I hope you read this, I’ll be more than glad to cite which pages I’m referencing if you have any questions.
Note: I think Casey is 100% guilty of 3rd degree and probably 1st degree homicide, but I also believe that everyone deserves a fair trial, please don’t bombard me with the thousands of pages of other evidence, I’m only talking about this document.
*Chloroform is also very easy to make, no chemistry knowledge required only a quick Google search, the state’s theory may very well be valid.
I was cruising the blogs and this comment caught my eye. It explains in detail just what these letters that the defense say are so inconsequential indicate to your average Joe, who has no legal expertise but does have at least half a brain to decide for him/herself;
.
Hello Baez, your client NEVER one time in any of those letters wondered if Caylee was safe, being molested or worse, wondered if she was in Orlando or out of the country. SHe NEVER declared her vengeance against the person or persons who killed her child AFTER her remains were discovered. She NEVER states anything about I hope Caylee didn’t suffer before she died, or whoever did this better pray that I NEVER get out of here, because I am going to hunt them to the ends of the earth for harming Caylee!!!!
In fact, just days after learning of the remains of her daughter Baez claimed she loved so much, she is complaining constantly, but NOT about Caylee being murdered but about the friggin Christmas music all over the radio interferring with her regular music.
Are we to believe just because she tried to throw out every now and again her love for Caylee before her next sentence about her hair, her food, the other inmates, her clothes, her weight, her acne, that she loved Caylee and didn’t harm her???
Well Baez, even going with the some other dude put Caylee’s body there AFTER your client wasn’t incarcerated theory, wouldn’t your client be TOO UPSET to even think about herself, her appearance, her food, her weight, her clothes and focused on, oh, I don’t know, finding the person that harmed her child???? Never once does she GO OFF about Caylee being even missing, much less after she learned of her death. She is too busy focusing on her BFF’s kids, adopting an Irish baby with an accent, writing books, looking like a librarian in court.
Seriously, there is NO way anyone should be able to read these letters and see a loving mother of Caylee. IF I were locked up because someone else had my child, and the police mistakingly thought I harmed her, I wouldn’t be talking about ANYTHING but FINDING MY CHILD and after discovering she had been killed my depression and desperation would have turned to ANGER AND RAGE and I would have spoken of NOTHING but finding the person responsible and making them suffer a thousand times worse than my child did. That is a real mother, you MORON!!!!!
I guess Baez missed the part where his client told all about his breaking the law over and over and over again. Smugglin and smirkin the only two things Baez is really good at evidentally!
I hope the author from ID doesn’t mind me posting her thoughts here and I hope you don’t mind me copying and pasting here. You can delete of course. I realize that I’ve posted this on a defense attorneys blog. Since you are not Casey’s attorney I wonder, what do you think of this woman’s comments? I’m curious from a human being perspective. Not if you were the attorney representing the accused. That’s your job and it is a noble job. But what do you personally think about crimes against children where you’re not representing the accused? Do you sit on the sidelines and read about it feeling outraged and appalled and angry like we do? I’m not sure why I’m curious about this but I am.
Hey Hornsby Slacker- say sumpin..