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Casey’s Lawyers Ask Judge to Dismiss Claims

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Check out the report below from the You Could Be Wrong blog:

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As Casey Anthony’s bankruptcy proceedings enter their 10th month (she filed in January), she asked a judge Thursday to dismiss Roy Kronk and Zenaida Gonzalez’s claims in her bankruptcy case, saying they are without merit.  Both Zenaida Gonzaelz and Roy Kronk claim Anthony defamed them and they should be considered creditors in the bankruptcy case.  Anthony asked in the dual motions for the “fresh start” she is promised by law.

“This travesty has gone on long enough,” Anthony’s lawyers argue in both new motions, “Ms. Anthony implores the Court to end this matter so she can begin the fresh start she is promised by the law.”

Casey Anthony told detectives during a 2008 investigation that a woman named Zenaida Fernandez Gonzalez, her nanny for 2 years, kidnapped her 2-year-old daughter.  Gonzalez said she was defamed because of the similar name.  Investigators determined that there was no nanny and charged Anthony with murder.  Casey Anthony was eventually acquitted at trial of the most serious charges relating to her daughter’s disappearance and death.

Casey Anthony - July 2011

Anthony’s lawyers write in their new motion that Gonzalez’s claim is based entirely on privileged conversations with law enforcement and out-of-context comments Anthony made to her mother.  Roy Kronk found Caylee Anthony’s remains near the Anthony home.  He claims he was defamed when Jose Baez made “false statements” about him.  Anthony’s attorneys argue that Kronk is suing based upon protected privileged comments made by Jose Baez.  Besides, under bankruptcy law, a person “cannot be liable for statements of someone else.”

“Over the years, many persons have pursued actions in which they sought to profit, one way or another, from Ms. Anthony’s ordeal,” her attorney, David Schrader, wrote in the motion, “All of the claimants have been rebuffed and turned away empty-handed, though most of them enjoyed their ‘fifteen minutes’ of fame while their claims were pending, which was the real objective.”

Charles Green, Anthony’s civil attorney and Debra Ferwerda Anthony’s lead bankruptcy attorney, said their client never willfully or maliciously defamed Kronk, a meter reader, or Gonzalez, both are required for a defamation lawsuit.

“Casey Anthony specifically says when asked by the police ‘Is this the Zenaida Gonzalez you are referring to?’ she says, ‘No, that’s not the same person.’  She’s not talking about that Zenaida Gonzalez.  Never was.  Kronk is suing on what Jose Baez said in his closing arguments.  He’s suing Casey for something her attorney said, which just can’t be done.  Plus, what is said in court is protected,” said Ferwerda.

Casey Anthony is set to be deposed by Zenaida Gonzalez’s attorneys, her attorneys told FOX35 on Thursday that they will likely file a motion for protective order until after November 5th, the date the federal judge is expected to rule on the motions to dismiss.  Texas Equusearch, another group civilly suing Anthony, may be nearing a settlement with her, according to a recent court filing.

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Leave your comments below…
SJ

Immaculate Deception - The Untold Story of Caylee Marie Anthony

 

On this Day in 2011 — Casey Anthony — Not Guilty & Acquitted

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Today marks the 2nd Anniversary of a truly monumental day – that being Casey’s Not Guilty verdict and acquittal. How time flies.

Here are my comments and the 3 videos I posted 2 years ago. The same comments still apply.

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The Verdict:

Shame on every single one of you still holding on to the myth that Casey is guilty – when the truth is out there for all to see. Shame on you. No way she killed her child! The whole image the media created was a lie that YOU fell for. Respect the verdict and get over it.

The Verdict in the Casey Anthony Trial – Not Guilty… GO CASEY! – July 5th 2011:

NOT GUILTY VERDICT Casey Anthony Trial - July 5th 2011

Casey Anthony: Not Guilty Verdict Celebration + Geraldo Reaction, July 5th 2011:

Dorothy Sims, Cheney Mason & Jose Baez speak after the Not Guilty Verdict, July 5th 2011:

Jose Baez after the verdict

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Here’s what Jose Baez stated after the trial (in the above video):

“Casey did not murder Caylee. It’s that simple. And today, our system of justice has not dishonored her memory by a false conviction.”

As far as historic moments in TV history go, this one is right up there. If you remember what you were doing before, during and after the verdict – post your comments below.

Congrats once again to Team Casey.

Celebrate the day!

Keep the faith,
SJ

 

Trustee withdraws BS plan to sell Casey’s life story

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New Motion Filed – Debtors Response to ZG – (17 page (PDF)

From Orlando Sentinel, 5/7/2013:

“A trustee has withdrawn his plan to sell the rights to Casey Anthony’s life story as part of her Chapter 7 bankruptcy.

The trustee overseeing Anthony’s bankruptcy, Stephen L. Meininger, had filed a motion in March seeking permission to sell “the exclusive worldwide rights in perpetuity to the commercialization of Anthony’s life story,” including her daughter’s death and her high-profile murder trial.

However, on Tuesday the trustee filed a one page notice indicating that he was withdrawing that motion.

Casey Anthony - July 2011

No explanation was given for the abrupt about-face, but a recent joint filing indicated that the trustee and Anthony’s attorneys were “discussing potential resolutions of the issue,” at U.S. Bankruptcy Judge K. Rodney May’s suggestion.

The next hearing in the bankruptcy is set for Wednesday afternoon. Calls to Meininger and his attorney weren’t immediately returned.

Anthony’s legal team vigorously opposed the plan to sell her story, calling it an “unprecedented invasion” of her “private thoughts and First Amendment rights.”

At a hearing on the motion last month, May expressed skepticism about the trustee’s proposal, but didn’t rule on it. He gave both sides more time to file legal argument, and granted an extension when the parties jointly indicated they were hashing out the issue.”

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Leave your comments below…

SJ

Embrace The Awesomeness…

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Check out this video. Thanks to Caleb for the link…

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WE LOVE YOU CASEY!

SJ

Casey attends creditors meeting in Tampa today

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From News13: TAMPA – The Casey Anthony storm has come and gone at the federal courthouse in Tampa as she met with the creditors in her bankruptcy case.

Casey hid her face from a flurry of photographers as her attorney, Cheney Mason, walked her under his arm through the crowd to the front door of the courthouse around 10:30 a.m. Monday, three hours ahead of her 1:30 p.m. hearing. She left just before 2:30 p.m.

Casey pulled up in the back of a black SUV. She was wearing a large-brimmed hat in an attempt to cover her face. Only Mason and an unidentified driver were in the vehicle with her.

The driver was not allowed to use the courthouse’s garage to drive under the building. Casey was made to walk in the front door, just like everyone else.

Cheney Mason had his arm around Casey, shielding her face from the cameras. Casey was wearing a black jacket. Her hair is dark, about shoulder-length.

Mason is not representing Casey in her bankruptcy hearing. It appears he accompanied Casey to court to show his support and protect her from the media.

In the meeting room, Casey sat between her civil attorney Charles Green and bankruptcy attorney David Schrader. She wore a cream, “flowy” top and high-waisted skirt with black high heels. She wore black nail polish.

Casey rarely answered any question without consulting with Greene. She was said to speak with confidence during the meeting.

Only one creditor was at the meeting to question her. Scott Shuker, the attorney for Zenaida Gonzalez, was in attendance.

An exchange between Shuker and Greene got heated when Greene was accused of prompting Casey on how to answer questions before she would speak.

Shuker snapped at Greene saying “you don’t get to answer questions. You are not under oath.” Green responded by saying “take a deep breath Mr. Shuker.”

Casey said she lives off of gift cards and cash given to her, estimated at less than $2,000.

When asked about photographs transferred to former attorney Jose Baez, Casey said she sent “a few photos for him to sell to use to pay the defense.” Casey said Baez sold the pictures to ABC News in 2008 for $200,000.

Casey filed for bankruptcy in Florida in late January, claiming about $1,000 in assets and $792,000 in liabilities. Court papers list Casey as unemployed, with no recent income.

Casey said she has no bank account, no car and takes a bus when she has to go somewhere. She said that friends and council arrange her living arrangements.

When asked how she pays to eat, Casey said, “I try to can contribute when I can.”

Casey said she has a computer given to her by Baez. She said she has multiple email addresses.

Casey said a friend pays for her cell phone.

Casey has not made any public appearances since she left jail after being acquitted in 2011.

Casey said she has not been out of the state of Florida for more than 30 days over the last 5 years.

Creditors now have 120 days to file a lawsuit to stop Casey’s bankruptcy.

On the list of people she may owe money to include Baez. She could owe him up to $500,000. Also on the list is Zenaida Gonzalez, the woman suing Anthony for defamation and Roy Kronk, the meter reader who found Caylee’s body in the woods.

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All is good…
SJ

Jose Baez & John Bradley on Dr Phil, Friday 2/15

Coming up this Friday on Dr Phil…

“Casey Anthony’s former defense attorney, Jose Baez, shares what he says he wants the public to know but couldn’t say during the trial. And, the prosecution witness accused of perjuring himself on the stand, John Bradley, speaks out in an exclusive interview.”

Here’s the trailer:

Jose on Dr Phil 2-15-2013

Leave your after-show comments here, and I’ll upload it once I get hold of it.

SJ

Casey declares bankruptcy (talks exclusively to CBS 5)

From Phoenix CBS 5:

“Casey Anthony filed for bankruptcy protection late Friday night in Florida.

This move brings all of Anthony’s civil cases currently under way in Florida state court to a complete halt.

“This is the next step towards closure for me,” said Anthony in a phone conversation Friday evening.

Anthony is listed as a defendant in three civil suits in Orange County, FL. The most notable of those being the suit brought by a woman named Zenaida Gonzalez. Gonzalez claims Anthony defamed her when Anthony told Orange County Sheriff’s Deputies in July 2008 that a fictitious nanny named “Zenaida Fernandez Gonzalez” kidnapped her daughter Caylee.

The Gonzalez lawsuit, brought on behalf of the Orlando-based Morgan and Morgan law firm seeks unspecified damages.

“She needs closure in this matter in order to move on with her life,” said Anthony’s civil attorney, Charles Greene.

In a brief conversation with Anthony on Friday night, she told CBS 5 she was hopeful the Gonzalez case would have been behind her at this point.

The case was originally scheduled to go to trial earlier this month, but attorneys for Gonzalez were granted a continuance by the judge. No new trial date has been set.

“These are the things holding me back,” said Anthony. “This is the key for me to move forward.”

Shortly before the phone conversation with Anthony, Greene was adamant that Anthony would not discuss any of the details surrounding her open legal cases.

The bankruptcy was filed in the Middle District of Florida because Anthony has lived somewhere in central Florida for 180 days. Her parents’ address is listed as her home address, though Greene says that she is not living with them. He says that address was listed because it was her most recent permanent address.

CBS 5 broke the story in September that Anthony had moved out of Florida, but Greene says she left only for a short time and then returned because of logistic and financial reasons.

The publication of this story marks the first time Anthony has spoken with a news reporter on the record since her daughter’s death in 2008.

Despite a ruling from Florida’s 5th District Court of Appeals, Anthony’s 5th Amendment protections against self-incrimination still apply because her criminal team has yet to decide if they will file for a rehearing or appeal the outstanding issues to the Florida Supreme Court.

The appeals court Friday tossed out two of the four misdemeanor convictions against Anthony. She was convicted in July 2011 of four counts of lying to law enforcement.

“This (bankruptcy filing) has nothing to do with yesterday’s decision by the 5th Circuit (Court of Appeals),” said Greene. “This document took weeks to prepare. Casey’s legal team has deliberated over this since the trial was continued, and even before then.”

The decision to file for bankruptcy does not mean Anthony’s state court legal issues go away immediately. Attorneys for Zenaida Gonzalez – and others making claims against Anthony – would have to prove to a federal judge the damages they seek are “nondischargeable,” meaning she would owe money despite the bankruptcy filing.

Additionally, according to the bankruptcy documents filed, the possible financial claims against Anthony include:

$500,000 – Attorney Jose Baez

$60,505 – Florida Department of Law Enforcement

$68,540 – Internal Revenue Service

$10,283 – Metropolitan Bureau of Investigation

$145,660 – Orange County Sheriff’s Office

Anthony’s total assets, according to the 60-page filing are listed at less than $1,100 and her liabilities total more than $792,119.

“All the civil cases and people making potential claims have put her (Casey) in a position where bankruptcy is the only option,” says Greene.

The bankruptcy documents list nearly 100 names and organizations that could potentially pursue claims against Anthony. Many of the names included are the defense experts who testified on her behalf during her murder trial.

“The public doesn’t know all the people who have come out of the crawl spaces attempting to make claims against Casey,” said Greene. “There are other lawsuits, other potential claims and her freedom is restricted.”

Those individuals and organizations listed in the bankruptcy document would have to file a claim in federal court in order to get money from Casey Anthony.

Ultimately, that means a bankruptcy judge could be the person who decides the merits of the civil cases against Anthony.

“Casey hoped the (Zenaida Gonzalez) civil case would be over in January. This has been an ongoing battle for close to five years,” said Greene. “Emotionally and physically, she can’t go on for another year. She needs a clean slate from a financial perspective.”

Anthony tells CBS 5 that although she values the close relationship she has with her attorneys, she does not like to be “joined at the hip” with them. She described her legal advisors to be “like family” to her.

“She (Casey) feels it’s unfair for this process to drag on. We were ready to go to trial on Jan. 2, and there’s no new trial date. She wanted be vindicated in the civil (Gonzalez) case,” said Greene.

Anthony will be required to give sworn testimony in the bankruptcy proceedings, but Greene says the scope of questioning is limited to financial matters.

Greene says not to expect any surprises.

“There are no contracts, no movie or book deals,” says Greene.

The goal for anyone going through bankruptcy proceedings is to give a person a “fresh start.” The process from start to finish could take 90 to 120 days, or perhaps longer, depending on the number of people who bring claims against Anthony.”

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Great to see the tide finally turning for Casey as she prepares to move forward with her life.

SJ

UPDATE: Appeals court sets aside 2 of Casey’s convictions

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From WESH.com:

DAYTONA BEACH, Fla. —The Fifth District Court of Appeals has ruled to set aside two of Casey Anthony’s four convictions from her 2011 trial.

Anthony was convicted in August 2011 of four different counts of lying to police. She claims that she is a victim of double jeopardy.

“We reject Appellant’s first and third arguments, but conclude that double jeopardy principles require that two of her four misdemeanor convictions be set aside,” the court’s ruling reads.

Click here to download the full appeal (opens PDF in a new window)

The court found that giving false information is not the same as giving false statements.

Two of Anthony’s convictions still stand.

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Great news!
SJ

Casey, the movie & future plans – Jose Baez interview (WESH)

Check out the interview below where Jose Baez discusses the recent Lifetime movie, his life after Casey’s trial and his future plans.

SJ

Jose - life after Casey + movie

“Prosecuting Casey Anthony” – the Lifetime movie reviewed!

No wonder all the knuckle-draggers are up in arms. They got bitch-slapped yet again!
SJ

Review from Newsday.com:

If at all possible — and it’s probably not — the best way to approach this film is with a blank slate. Strip away any memory you have of those months.

The net benefit of this little act of mental gymnastics is that you may walk away with the impression that Anthony was innocent after all.

It’s a fascinating impression, and in that sense, so is the film. It is told from Ashton and Burdick’s point of view, not Baez’s, who — far from being the slick Willy the media (and Ashton) made him out to be — is seen here as shrewd, reasonable and quite possibly even right.

Lowe’s portrayal is not far removed from Chris Traeger of “Parks and Recreation”: An earnest, self-righteous choir boy who is so enamored of the evidence he has collected that he tends to dismiss the obvious fact that some of it is probably circumstantial.

He harrumphs when Baez reminds him of this, or (worse) smirks. Even Burdick grows weary of his antics, scolding him as a mother would her precocious and ill-mannered child. He is so blinkered that he never sees the verdict coming, nor quite grasps so-called Juror No. 3′s blunt rationale for acquittal: That he may have been wrong.

BOTTOM LINE A surprisingly revisionist take on one of the most controversial trials of the decade — from someone (Ashton) you’d least expect revisionism from. Nancy Grace, meanwhile, will hate “Prosecuting Casey Anthony.”

GRADE B+

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Leave your review below.
SJ