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CAYLEE ANTHONY - CASEY ANTHONY -JUDGE STRICKLAND WITHDRAWS FROM CASE - JUDGE PERRY TAKES OVER

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Apr 21 10 8:38 PM

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                                   MOTION FOR RECUSAL

Casey Anthony's defense team may have thought they "won" when they filed a motion for recusal against Judge Stan Strickland for "bias", and as a consequence he withdrew from the case. They may think otherwise in the coming days.

                                   JUDGE DENIES BIAS BUT RECUSES HIMSELF

In Judge Stan Strickland's recusal he wrote  "Anthony's counsel has deluged the court with motions, "in between media interviews, guest appearances on television shows, and press conferences."  "At its core, defense counsel's motion accuses the undersigned of being a ‘self-aggrandizing media hound. Indeed. The irony is rich." 

Judge Strickland denied doing anything wrong, but said he removed himself from the case "because Anthony's attorneys likely would allege bias each time he ruled against their motions."


Judge Strickland had spoken to a blogger (Marinade Dave who not only blogs about the case, but attends the court proceedings) in open court. "Judge Strickland noted in his scathing remarks that he'd spoken to him as part of his research on the defense's motion for a change of venue." 

                                  ALLEGATIONS

The defense motion states "This constituted a "personal relationship."  The defense used this contact between the two to deem Strickland as "prejudiced against Casey Anthony."

                            ORANGE CIRCUIT CHIEF JUDGE PERRY TAKES OVER THE CASE

Judge Belvin Perry Jr., Strickland's boss, had asked Strickland to take on the Caylee Anthony case in the beginning.

Now Judge Perry will preside over the trial and its hearings. He's also the judge who presided over the Grand jury in Oct. 2008 which indicted Casey Anthony on first degree murder charges charges. He's heard testimony from state's witnesses, and is familiar with most of the aspects of this case.

                                     JUDICIAL REPUTATION

Known as a tough but fair, efficient and no-nonsense judge, those who are most familiar with Judge Perrry say that he will ensure that the trial proceeds, and both sides act according to the law. He is deemed as a judge who will scrutinize carefully defense requests for funds from the public coffers. He's a veteran of high profile, drama filled cases, cares nothing for the publicity, nor for bickering in his courtroom or for delaying tactics.

 "Judge Perry is also known for being in favor of the death penalty. If the jury recommends the death penalty, it is most likely that Judge Perry will agree and order the death penalty.  There
are currently three Florida inmates on death row who were sentenced under Chief Judge Perry."
"He holds attorneys accountable."

                                   A TACTICAL ERROR?

 Local news pundits and attorneys are saying that the defense has made an error with this tactic.

Attorney Mark NeJame "I think that Judge Strickland, a wonderful judge and a brilliant jurist, allowed them latitude, and I think that Judge Perry will be very strict according to guidelines and won't put up with any nonsense. Perry is a former prosecutor with death-penalty experience. “I think the new judge is going to say enough is enough. He’s going to keep this ball moving. And if anybody thinks that they’re going to get additional delays or extensions as a result of having a new judge come on board, I think they’re sadly mistaken.”

WFTV-Channel 9 legal analyst Bill Sheaffer "Perry won’t be as forgiving and calm as Strickland. “It really doesn’t put the defense in any better position than the defense was with Judge Strickland,”   “Judge Perry is a very competent judge, has tried a number of high-profile murder cases and is known as a judge’s judge.”

 Diana Tennis (a local defense attorney) "Perry is bright, experienced and solid. “I don’t think he’s going to make any decisions that are going to get overturned on appeal. He’s our chief judge for a reason."It's going to be a different working environment for the attorneys. The level of justice won't change . . . [but] the stress on the attorneys may be ratcheted up." "The arguing back and forth between the lawyers is not going to happen anymore." 

Andrea Black (a local defense attorney) "I think they will be very sorry that they recused Judge Strickland and now have Judge Perry. He will move that case along."
 

WFTV -   Bill Sheaffer (legal analyst)  "Why does Perry have that status? His rulings are rarely overturned. Perry could tighten up the proceedings and it’s highly unlikely that Perry will allow a mistake or commit a reversible error. And Perry’s style could change the case, too.  ”He sets a tone of authority in his courtroom. No one ever questions who’s in charge."

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#1 [url]

Apr 24 10 10:25 AM

2010 - April 23 - Judge Blevin orders a case management hearing which will take place
                          on Friday, April 30, 2010, at 9:30 A.M. at the Orange County Courthouse.
 
 
    Judge Blevin's order:  "Both judges and lawyers have "a professional obligation to conclude
                                         litigation as soon as possible."

                                         "It's my responsibility to monitor and control the pace of the process.
                                         The prosecution and defense should be prepared to discuss discovery
                                         deadlines, including the deposition of all witnesses as well as
                                         deadlines for future motions, pending and unresolved motions,
                                         and pre-trial and trial dates."
 
                                        "All counsel is to provide the court with a list of pending motions and
                                         courtesy copies of all future motions to the Court."
 
                  Page 6 Line 12: "Counsel shall admonish all persons at the counsel table who
                                          makes gestures, facial expressions, audible comments, or the like,
                                          as manifestations of approval or disapproval during the testimony of
                                          witness, or at any other time. This behavior is strictly prohibited."
 
 
In previous hearings Casey Anthony has been seen to laugh, speak to attorney Baez (audibly caught on mic), as well as to shake her head in the negative during the prosecutions presentations.
 
 
                                           ERROR IN FILING
 
This error was spotted by, and speculated upon, by participants in true crime forums

In the defense motion requesting Judge Stan Strickland recuse himself, a notary error existed.
One of Anthony's attorney's notarized the motion, but his certification had expired five months ago.
The motion was corrected, refiled and reheard.
 
The question arises, how competent is members of the defense panel? The attorney's on this case consistently have made motions which were found to be in error, and this particular attorney wasn't aware of his certification being expired for 5 months? Or did he know, but merely allowed it to lapse until caught? Nothing they've done so far appears to have reached the level of meriting an appeal of ineffective counsel, but it does raise questions about their professionalism.


 
 
                                         


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#2 [url]

Apr 27 10 7:22 PM

 
2010 - April 27 - Friday, the 30th, should be an interesting day in court!
                         Judge Perry Blevin will be setting counsel straight on who runs the courtroom,
                         setting deadlines, and hearing motions. Among the latest is a motion set forth
                         by the defense requesting he set aside the death penalty.
 
                        Can the defense motions get any crazier? They've filed poorly written, improperly
                        authorized motions. Instead of depending upon good lawyering, they've engaged
                        in numerous time wasting antics. The defense is more interested in seeing what
                        they can throw at the wall in order to increase the likelihood of having issues to
                        appeal. 
 
                                    MOTION TO DROP THE DEATH PENALTY 
 
Defense Attorney Andrea Lyon "The prosecution filed for the death penalty because the
 prosecution knew this would financially break the defense." "The prosecution knew their client could not handle such a financial burden.
 
                                       REACTION
 
Jeff Dowdy (a local defense attorney) "In my 21 years, I've never seen it, nor have I ever used that argument. It's very unusual. Money is not even an issue anyway, since Casey has been declared indigent by the court, and now qualifies to have many of her costs covered by taxpayers."
 
                               TEXAS EQQUSEARCH WANTS JUDGE TO SET A DEADLINE

Judge Strickland had ordered the defense to view Texas EQQUSEARCH records within Attorney Mark NeJame's office. They were not to make copies etc. The defense whined and moaned which resulted in the judge again ordering them to view the records at NeJame's office.

8 months later, and only AFTER Judge Blevin had taken over the case, did the defense bother to go to Attorney NeJame's office. But.... they went when NeJame was not present, and, stormed out once the media caught on that they were there.

Texas Eqqusearch is tired of the game playing by the defense and will be asking Judge Blevin to
review the issue and perhaps set a deadline.


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#3 [url]

May 14 10 4:07 PM

2010 - May 10 - Despite the arguments of Casey Anthony's attorneys and their witness (Elizabeth
                        Rapaport (University of New Mexico law professor) alleging gender bias in the
                        death penalty, they came away without their cherished, hoped for results.


Jeff Ashton (Prosecutor) "Do you have any evidence that there is gender bias in this case?"
 
Elizabeth Rapaport "I don't know much about this case and have only read a few press reports."

         Judge Belvin Perry "I will grant the motion for a change of venue at the appropriate time, 
                                         I will inform the attorneys but will place them under a gag order and
                                          will not let anyone know where jury selection will be held until the
                                          last moment."

                                         "I will announce when we will let the world know."

                             Jose Baez won't get the camera time he craves because of the Judge's
                             ruling.

  Judge Perry:  Casey Anthony can and will face the death penalty.

 Lyons, Baez and Cheney had argued that "capital punishment in Casey Anthony'smurder case was sexist and unduly harsh," and "the prosecutors were seeking the death penalty in order to bankrupt Casey Anthony and her defense."

"The court has the authority to bar the death penalty where the prosecution exercises its discretion in bad faith, for impermissible motives and in order to prevent the defendant from exercising her constitutional rights,"
 
Judge Perry : "Judges are prohibited under Florida law from interfering with the state's decision
                         to seek death. Although one exception includes circumstances in which bad faith
                         can be documented, Anthony's defense had not proven bad faith."


Judge Perry: "The state will disclose evidence supporting the aggravating factors they intend to   
                       cite if Anthony is convicted of premeditated murder and they ask jurors to return a
                       death sentence."


Jeff Ashton (Prosecutor) "In my 30 years" as a prosecutor, this is the first time we have had the
                                       evidence for the jury to determine if death is the appropriate penalty."

1. The victim was younger than 12
2. The victim was in the custody of her mother at the time she was killed.
3. The murder was committed during the commission of another crime
   (aggravated child abuse).
4. The murder was especially heinous, atrocious or cruel.
5. The crime was cold, calculated and premeditated.


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