Sunday, July 3, 2011

Charge Conference. Jury Instruction






George and Cindy Anthony are in the courtroom. There is an empty seat in between them. Either for Lee or attorney. This charge conference is a step in preparing jury instructions. Judge Perry will run down all charges and including lesser charges.  The state and the defense have no objections to the first page of jury instructions. Ashton does not have any objections to the first page however he did not put some changes to the instructions in writing.  Judge Perry is not happy.  Attorneys didn't understand judge's orders about a particular change in jury instructions. Perry says "I guess you all were mistaken!" The charge conference will be discussed at noon.  
They continue to review the pages Ashton has no further changes .These are the instructions that will be read to the jury
José Baez has no changes to the first-degree murder charge.justifiable homicide and excusable homicide any change in that except for the portion dealing with going to the polls in June with what may be considered lessers.  I believe yes no there are no other changes pervert them aware of.   JP>Okay first-degree murder no change that the state is aware of defense in the first-degree murder.  I believe the state had a request that addition upon certain cases to be added the following language in order to find the defendant guilty of murder in the first restatements convince you beyond a reasonable doubt.  The defendant's guilt of either premeditated murder or felony murder.  You must create a state has proven first-degree murder beyond a reasonable doubt.  Do you need not be unanimous in your opinion as to whether the finding is based upon premeditated murder or felony murder in I shall now define those terms.
JP>Basis of that.
Lisabeth Fryer, Works in Cheney Masons office. Admitted to  bar, April 2011
 She was admitted in the FL Bar in April. Lisabeth Fryor is talking on behalf of the defense right now>Basis of addiction is the underlying felony in the felony murder charges aggravated child abuse.  In order not to invoke the murder  charge these two issues we would like .
Ashton>yI do not believe that counsel's argument response to the necessity for the structure the law as stated in the case is clear that unanimous vote is not required.  On the theory by which first degree birders proven instruction is appropriate.  
JP>Anything else?
The attorneys are going over the charges line by line. These are the  charges and instructions that will be read to the jury today. Judge Perry> you all are going to have to have somebody bring you a sandwich at noon. 
Judge Perry states are sufficient evidence for accidental drowning. He also wants to discuss the sex abuse charges.If there is any discussion Judge Perry wants to hear it now.  
Baez stands. by a state that the fact that the FBI did a paternity test on will be close to showing sexual abuse. by his addresses her behavior.  State it is not uncommon that victims of child abuse become sexually promiscuous? He argues that Casey was never taken to an OB/GYN until she was 19.Baez also said there is no evidence chloroform, duct tape used to kill Caylee.
JP>  Did the prosecution or defense ask him if he tried to creep into his sister's bedroom
Baez> I think both sides for strategic reasons, decided not to.Baez continues to address the facts in the case.  The lack of evidence that Casey chloroformed Caylee.  He argues that Casey told Lazarro a secret that was objected to a court.
Ashton>  Innuendo  is not evidence..There is no evidence that the defense has shown of molestation. Counsel should be prohibited from arguing that the defendant was molested. 
Casey does not look happy.
Perry: Begins to read instruction Re: William Rodriguez testimony.the jury will be instructed to disregard his testimony.  They will also be asked not to consider the fact that he did not testify toward the guilt or innocence Casey.  Recess 10 minutes


On a side note. does anyone remember the Diane Downs case from 1983.She shot three of her kids in the car and blamed it on a carjacker. One of the key points in her trial was her inappropriate behavior after the shooting over chart children.  She was narcissistic, histrionic, and antisocial.  Sociopath. she would laugh when talking of her children being shot.  She was always happy.  She went on a media story after the shooting.  The focus always seem to be on her, not the shooting of her children. Her surviving daughter testified against her. She shot them, because she wanted to be with a man. The children would have been a burden for him.
Farrah Fawcett portrayed her in a movie named Small Sacrifices. She is now in prison serving a life sentence.
There are a lot of similarities between Casey and Diane Downs.  The parallels are interesting.

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