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ZG Update: Hearing ends without decision on moving civil trial

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From Orlando Sentinel 10/30:

“Casey Anthony’s attorneys on Tuesday made their case for moving her upcoming civil defamation trial out of Orlando, but a hearing on the issue ended without a ruling.

After a brief hearing, Circuit Judge Lisa Munyon said she’d issue a written ruling on the request later.

Anthony’s lawyer Charles Greene argued it’s an “impossibility, I submit, that Ms. Anthony can get a fair trial in Orange County.”

“We had hoped that the publicity in this case would subside after the criminal case,” he said. “It has not.”

He cited a weekend story in the Orlando Sentinel about the hearing as evidence media attention has not waned.

He also noted that Munyon isn’t the first judge asked to decide whether Central Florida is too jaded to judge Anthony fairly: The same issue came up before her murder trial.

Chief Judge Belvin Perry’s order, which relocated jury selection in the criminal case, was submitted by Anthony’s team in support of their motion.

Munyon noted that order “was entered almost two and a half years ago.” Greene countered that “the media barrage continues.”

Greene’s preferred destinations: Somewhere “north of Orlando,” he said, such as Tallahassee or Gainesville.

Keith Mitnik, an attorney for Zenaida Gonzalez, the woman suing Anthony, responded to the motion frankly: “We don’t care.”

“We think we can get justice anywhere,” Mitnik said. He said the venue change isn’t needed, but he wouldn’t object “so long as the defense is willing to pay this expense” of relocating.

Citing guidelines which say the party asking for a change of venue must pay the “accrued” cost, Mitnik said it would be unfair for Anthony to stick taxpayers with the bill.

Greene said Anthony is indigent, and the statute Mitnik cited is “poorly worded.” It was only meant to refer to transfer fees, he said, not other expenses, like moving court personnel.

Meanwhile, Gonzalez’s lawyers have filed a motion asking Munyon to allow them to question Anthony about audio recordings they say she made.

Anthony referenced the recordings in a video diary that leaked online in January. Gonzalez’s team wants them, but Anthony’s lawyers say they don’t have them.

Gonzalez wants “to determine what has happened to the audio tape(s) and if they have been destroyed after the request was made,” her new motion says.

The trial is set for January. Gonzalez says her life was upended after Anthony said a similarly named nanny had kidnapped her daughter in 2008.

Authorities later determined that the nanny never existed, and the girl, 2-year-old Caylee, was dead. But Gonzalez was linked to the high-profile case in the media.

Anthony was ultimately acquitted on all major charges in her daughter’s death in July 2011.”

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Comments

  1. I don’t understand how they can possibly think the defendant should have to pay for relocation. Thank goodness Greene is on the ball.

    How on earth would it be Casey’s fault the media is out of control and that there are too sick and judgmental minds out there?

    • It’s HLN and Nancy Grace’s fault. If the media wasn’t so out of control Casey would be Free and not living in a prison of her own. There would be no Caseyanthonyisinnocent site and Casey would be free to live her life. People wouldn’t hate her.

  2. Hi Sam!

    I also don’t understand why they’re expecting Casey to pay for this. They know she can’t afford much less get a normal job a normal life. M&M are plain bullies!

    So glad they can’t “find” Casey’s audio tapes. It’s no one’s business! I don’t really think M&M care about Zenaida. They’re just hungry for publicity. I’m sure Gonzalez isn’t going to win, but I have a feeling more stuff will come out aimed towards GA and Cindy.

    • Drew Hensley says:

      What do they think they will learn from the video diary?? That was part of her therapy, so I don’t see that as the court’s business. Suzy why do you use the word “find”? I don’t know why her lawyers’ would ever have had them seeing as how they are therapy related.

      • The media reported that the her lawyers said they couldn’t find the audiotapes ( either Casey or her lawyers – it was an ambiguous statement) so M&M want to ask Casey if she destroyed the audiotapes because of this case.

        What I’m not clear on is that I thought munyon ruled that the criminal trial was not to be mentioned which would make those recordings irrelevant. Right? Previously, M&M wanted the audio recordings because they thought Casey may have talked about what happened to Cays on them right? So now why are they making a stink about them?

        And if they are part of her therapy, it would take a motion to her therapist too to compel those audio recordings be turned over as well. The therapist cannot consent to anything and Casey is protected under informed consent…. So, the recordings should be a mute issue.

        At any rate, if if were my diary in the form of audio recordings, I would “lose” them too just on general principle because that’s b.s…. Now diaries can become part of civil trial? what’s next a search of her computer???

        It makes me mad to just think about..

        • Drew Hensley says:

          CJ, I agree, the tapes belonged to Casey. Unless the court told her not to destroy them, can’t see where she did anything wrong.

          • JA Kalskett says:

            HEPA maybe? Therapy tapes would be treated like medical records, wouldn’t they?

          • It’s called HIPAA (Health Insurance Portability and Accountability Act

          • JA Kalskett says:

            LOL…see what I know? Ha ha ha…I knew it was something like that. Thanks Suzy ; )

          • Yep. They didn’t give her any direction so she could destroy them, delete them, record songs over them LOL who knows? Im feel angry that M&M think they have the right to ask about this. Their reason prior was because they thought she talked about caylee not about ZG. It was ruled the criminal trial be left out, so now what’s their problem?

  3. Marilyn C. says:

    The next thing I will be reading is M & M assholes want Casey to pay Zenaida’s BAIL MONEY to get her out of jail!! They will some how BLAME Casey for THAT too!! GEEEZZ will they ever leave her alone? There is no way on earth that Casey did anything to RUIN her reputation……she did that all by herself!!
    No…Casey should NOT pay the expense to move this FAKE TRIAL!! We set back & watched all the BS they TRIED to charge her with at the criminal trial…even ASSTONS BOOK!! Come on now…ENOUGH already!

  4. Drew Hensley says:

    Casey Anthony’s lawyer defends his record for Zimmerman judge, says he wasn’t held in contempt
    By Associated Press, Published: October 31

    ORLANDO, Fla. — Casey Anthony’s attorney has sent a letter to the judge in George Zimmerman’s case, saying a prosecutor made some mischaracterizations about him during a hearing last week.

    Jose Baez’s letter to Circuit Judge Debra Nelson was made public Wednesday.

    Baez says prosecutor Bernie de la Rionda was incorrect when he said during a hearing last week that Baez was held in contempt during the Anthony case. The prosecutor was arguing for a gag order on lawyers in the case.

    Baez says the only fine he received was for a discovery violation.

    A spokeswoman for the prosecutor’s office didn’t immediately return an email.

    Zimmerman is charged with fatally shooting 17-year-old Trayvon Martin last February.

    Anthony was acquitted of murdering her daughter last year.

    Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    • Imagine that Drew,

      A D.A. lies in court about Baez?! I think Baez should file his own slander suit if his work is compromised by this ongoing b.s. against him.

  5. Drew Hensley says:

    So what’s the significance of HIPAA pertaining to this? Maybe the tapes weren’t part of an official treatment, but simply something a doctor recommended, and Casey chose to do it.

    • Because Drew, If she made these diaries under the recommendation of a counselor, it would have been documented as part of a treatment plan in counseling because a treatment plan is part of informed consent which is the law that’s more important than hippa. It protects a client in counseling. Even if she had the diaries in her home, and they were homework persay, they still would have fallen under client counselor confidentiality and the law protects Casey under those measures. Casey’s counselor is suppose to be her advocate with informed consent issues.

      However, because this issue has not been brought up in any motions and there are no counselor’s that have become part of the record, I tend to agree with you that that the dairies may have been made outside of counseling.

      Say for the sake of argument, that Casey told her counselor about the day of june 16th and admitted details that weren’t known. Because Casey had already been acquitted she is protected from any of her conversations become part of the record.. The only time they could become part of the record would be if say hypothetically, that she was planning to commit a crime which we know she isn’t nd relayed info like that to her counselor. Then informed consent dictates a legal violation of confidentiality under harm to others. Another example, say a client discloses drug abuse, or stealing, something that isn’t violent harm to others, their record is still protected under informed consent laws and that would include personal homework assigned outside of the counseling session. Now when it get’s dicey, is in situations where child custody becomes an issue, then the medical record could be reviewed. In casey’s case all her info pertaning to counseling is protected.

      I only brought that up because Cheney did state they were apart of counseling in the first place.

      Nevertheless, it doesn’t seem reasonable that M&M would request personal diaries no matter how they derived because that’s personal. It seems such an invasion of privacy IMO.

    • Drew/everyone

      I wanted to explain the dif between Hippa and informed consent in Florida in terms of Casey and also information that is good for all of us know.

      So, we heard Cheney say the tapes were part of Casey’s counseling. Since M&M jumps on everything they hear in the media, I suspect they requested Casey’s counseling records through a subpoena and were told to kick rocks. Nothing was ever released pursuant the Sunshine laws either because of her rights when in couseling.

      Remember how the box on Casey’s P&P report was never checked for counseling and all the haters were mad? I suspect Casey was in counseling but was protected under confidentiality laws that fall under informed consent.

      Both HIPPA and Informed consent are two different kinds of animals. Hippa protects us from billers and insurers knowing everything about us, as well as office staff and other’s who aren’t on a need to know basis knowing our private medical information. But her lawyers would never cite Hippa as a no to records – they would cite informed consent. If say our job wanted our medical records for a disability claim, the records they didn’t need wouldn’t be disclosed under HIPPA. And believe me employers ask for stuff they know they aren’t suppose to ask for but that’s another story.

      The link below outlines what’s legal and not legal to disclose when in counseling in Florida.

      http://www.centerforethicalpractice.org/ethical-legal-resources/legal-information-other-states/floridaselected-statutes-regulations-affecting-confidentiality/

      Section III outlines the exceptions such as forensic evaluations which is why they were released as they were NEVER protected in the first place. ( I know it mentions minors, but forensic evals, are not protected same as regular counseling ever)

      Another questions that comes up is why didn’t her forensic psychologists notify the police about her reporting abuse of her father because “aren’t they legally mandated to do so???”

      That answer actually depends on the state. In Florida, they don’t have to report abuse reported by an adult when they were a child. Some states require, that mandated reporting take place if the abuse occurred within 3 years of the initial disclosure, but not in Florida (sadly). Ethically, though a counselor could report it, but would want to talk it over with the client first because the client may not want it reported and their duty is to the client and ensuring trust is protected over everything else.

      So, when we “the proverbial we” enter treatment or counseling of any kind it’s important to know our rights and read the informed consent form we sign – same with surgery and other medical procedures.

      P&P was never obligated to disclose whether Casey was in counseling to the public or media. In fact, her counselor was obligated to PROTECT the info even so far as to ask that disclosure whether she was even IN counseling be kept confidential. Her treatment and her attendance were never the public’s business under the Sunshine laws and I feel strongly that she was protected and did seek counseling. Could you imagine what would have happened if the name of Casey’s therapist got out to the public?!

      About HIPPA – I’m speaking more broadly now but SJ won’t mind for the sake of academics. HIPPA has it’s limitations and we tend to think our info is confidential when a lot of it is not. For example, did you know there are certain diagnoses that are stored in an information bank and should a person want to buy private insurance or life insurance to take care of their family should something happen, they can be denied because their diagnoses were disclosed and most of us don’t know that info. Insurers aren’t in the business of spending large amounts of money so they keep tabs on our health care issues through their own network. If a person has history of a HIV, heart condition, diabetes, they choices are limited. Same with a person who was diagnosed with BPD or in the past, had a suicide attempt on their record, or addiction. They can also be denied life insurance because the info they thought was confidential was not. I believe we can find out what medical info that database has if we want too.

      My point about counseling or treatment, if we don’t want diagnoses to become part of some record we have no control over, it’s best to pay in cash where insurance isn’t billed so it doesn’t become part of any record. I don’t advocate lying but disclosing everything such as that we quit smoking TEN YEARS AGO, may not be prudent. Oftentimes, we can say to our doctor what we should QUESTION putting in writing.

      Hope you found that interesting.

  6. JA Kalskett says:

    Either way, she IS the ONLY ONE to decide that…her ‘records, her business’. If she would like to say they were destroyed, [even if they aren’t…that, too would be her own business] IMO…
    and she should never be held accountable for their whereabouts, even WITH proof that she had them last…see where this is going?

    • JA Kalskett says:

      we may be arguing the same side of this matter…sorry! LOL. That would be like holding her accountable for each step of progress until some arbitrary level of progress is reached… a request for anyone’s therapy tapes (for any purpose) is redundant and pointedly negative.

      • Drew Hensley says:

        I’m not familiar with HIPAA. I was asking whether she would be legally accountable for destroying them. I have no doubt she was morally justified IF she did in fact do so. I would have too in her situation.

        • JA Kalskett says:

          I’m sure, based on her past experiences, she would have to suspect any compliance with LE will result negatively on her.

        • Sorry to jump in here, but IMO NO she would not be held legally accountable simply because there is no way to prove how she doesn’t have them anymore. If they were on her computer she simply could have deleted them. M&M didn’t get a ruling on this until months after so how and when these tapes were disposed of, seem to me to be moot. She wasn’t ordered to keep them in case they want them so they were her property to do with what she wished.

    • YEP I agree.

      • What M&M is trying to do is bully and intimidate to get a settlement out of court. They are trying to win without going to court. M&M fights Dirty but Casey’s team are tough like Jose Baez. They are not afraid to get Dirty if they have to.

        • Jon,

          Your right. Sometimes, I dont know how not to be angry at what they do to Casey. It’s as if they made special rule regarding civil suits just for her. It’s so unfair.

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