Probation Hearing -- August 5, 2011

[Heli]

HLN is carrying the Hearing. WFTV.com and WESH.com are also streaming it but I can't seem to find the links to their streams.

Anybody have it, please?

I'd like to avoid HLN's commercials by watching online.

[wildroses]

I found these -

http://www.wftv.com/video/28774899/index.html

http://www.wesh.com/casey-anthony-exten ... ctive.html

[wildroses]

I found these -

http://www.wftv.com/video/28774899/index.html

http://www.wesh.com/casey-anthony-exten ... ctive.html

[Heli]

If you read the probation order issued in January, 2010, wouldn't any corrections department with even half a brain, having read Judge Strickland's written probation terms twig in that something wasn't kosher?

Terms including prohibition on smoking marijuana, excessive alcohol, imposing a curfew, requirement to seek and maintain employment among others surely aren't terms of probation to be served while incarcerated.

On the other hand, these standard probation terms may be included in all probation orders regardless of context.

This is just another mess ... all part of the vortex of destruction and BS that continuously surrounds Casey Anthony. That woman is totally toxic.

[Heli]

I found these -

http://www.wftv.com/video/28774899/index.html

http://www.wesh.com/casey-anthony-exten ... ctive.html

I scoured both websites starting at 8:30 a.m. I must be blind or ....

Thanks, WR. Nothing happening yet in the courtroom according to HLN.

ETA: Jut refreshed my WFTV.com page. There's the red banner at the top now, as it appeared during the trial, for access to live stream of today's proceeding.

[gwen]

Baez is going to get someone on the phone for this. Casey?

They don't miss any treats do they...

[Heli]

Likely the probation officer who wrote and signed the letter to Casey
in January of 2011 telling her her probation is concluded.

He needs her to authenticate that letter so it can be introduced into evidence.

[gwen]

Nope...Susan Finnigan, probation svr with DOC

[gwen]

She has served her probation according to this woman. Orange County just wants this over with and the media circus to end.

[wildroses]

The repeated 'okay....okay........okay' drives me nuts.

Why does this woman have to worry about the slut's safety? She's in the position she's in b/c of her defense team.

Again 'one last question'.

[wildroses]

Wouldn't communicating by letter/note with another inmate/s, which is against jail rules, be a violation of of probation, if she was serving it while in jail?

[gwen]

Wouldn't communicating by letter/note with another inmate/s, which is against jail rules, be a violation of of probation, if she was serving it while in jail?

I wondered that too.

I don't think that Frank George & LDB want to let this go. I can't blame them because she got away with murder already.

[Heli]

Case received January 25, 2010 by Corrections.

From case notes, Ms. Susan Finnigan testifies by telephone:

Entered into database and assigned to probation officer.
January 26, 2010 intake supervisor received and noted one year probation ordered.
Probation located offender in Orange County Jail.

Probation went to visit Anthony, instructed her on terms.
Intake package to Anthony. Special terms to have no contact with Huizenga.

Only standard terms of probation in the order.
Monitored the case. Each month checked to make sure she was in jail until 90 days of termination.
Checked residence compliance every month.

Each month records checked to make sure no new charges on Anthony.
Checked to ensure she had not possessed any contraband etc. while incarcerated.

March 10, 2010 supervision orders audited.
Sentence structure audited. Comparing database against judge's order.
90 pre-term review. No problems found to prevent Anthony's termination.

December 15, 2010 last entry before taken off probation.
Tolling Ms. Anthony's probation considered.
In 31 years never had case where probation to begin at unknown time so this order not tolled.

States media coverage as a consideration in supervising probation now.
Always considered about the safety of probation officers, not just in this case.
All public attention would be a unique challenge.

Cost of supervision was waived by Department of Corrections since she was in custody.
Probation terminated on January 24, 2011.
Sent a routine termination letter.

Letter to victim, Amy Huizenga, to inform that Anthony was on probation and to inform about prohibition against contact between Huizenga and Anthony.

Cross-examination by Mr. George:

Purpose of probation?

A. Protection of the community, restitution.

Q. Not intended to review or look over or help people already in custody, is it?

A. Not sure I understand.

MR. BAEZ: Objection. Outside the scope.

Q. Purpose of probation is to supervise those released from custody.
A. If they're released it's to supervise their reintegration into a law abiding life style.

Q. To help them assimilate into the community, is it not?
A. Main purpose is to carry out the court's conditions in the community.

Q. Fair to say it's not normal practice to supervise while in custody?
A. I would not say it's normal but it does happen on occasion.

Q. What occasion does it happen?
A. When there are subsequent dockets, a person is sentence on several dockets ...

Q. Standard conditions of probation ... standard conditions when out of custody is to report every 30 days ..
A. Yes. Once per month.

Q. Normal condition is cost of supervision ..
A. Correct.

Q. Your department went out on January 25, 2010 to sign Ms. Anthony up.
A. She was signed up in database on that date. We did not go out to instruct her until ....

(lost the feed ... refreshing)

Q. Guideline to department when probation to begin. The words "when released" have meaning. Correct?
A. Correct.

Q. More than one case running is not ususual for an i ncarcerated person.
A. Correct.

Q. So more than one case running for an incarcerated person is not so confusing for your department ....
A. I'm confused on that.

Q. Upon release, you've come across that before, have you not?
A. Yes.

Q. Is there mechanism you have to determine whether order that prisoner report within certain number of days of release from jail?
A. Yes. We do.

Q. If Ms. Anthony were ordered to report to probation or start probationary term, would that entail her reporting to your office?
A. Intake office to be assigned a probation officer.

Q. Reporting would be once a month?
A. Yes.

Q. Could vary?
A. Yes.

Q. Cost of supervision was waived, administrative decision by your department?
A. Yes. By me.

Q. Because Anthony incarcerated.
A. Yes.

Q. She couldnt' violate community supervision while incarcerated unless ....
A. Yes. Or the special condition of contacting the victim.

Q. Position that Ms. Anthony has completed probation.
A. At the time of my review in January of 2011, yes.

Re-examination by Mr. Baez:

Q. Ms. Anthony when serving probation, was not under any sentence.
A. Correct.

Q. She was exposed to the possible and potential punishment of violation of probation.
A. Correct.

Q. Concept of starting probation on some day ... when someone is sentenced to a specific time that's under the policies and procedures of Correction Department.
A. Release date controlled by the jail.

Q. Any subsequent probation would begin after that.
A. Correct.

[wildroses]

Hmmm. Jose's hairline seems to have receded a bit more since the trial.

[gwen]

Thanks, Heli.

[gwen]

Baez is still clicking that damn pen.

[Heli]

Questions from Judge Perry.

Q. Issue of tolling, did you contact Judge Strickland about tolling his order?
A. No.

Judge cites cases Bradley v. State, Savage v. State.

Q. Familiar with those?
A. No.

[wildroses]

"by a disqualified Judge"?

He did NOT step down on the check fraud case - it was the murder case. They keep trying to insert this garbage into the murder case.

[gwen]

Fryer talks too fast. She needs to learn how to deliver better rather than just reading 100mph to be effective.

[gwen]

Fryer said that Strickland was vindictive in the media towards Casey.

[wildroses]

Fryer said that Strickland was vindictive in the media towards Casey.

Fryer, Baez, and Mason say/said a lot of things, but they all lie .

[gwen]

Did you catch the Baez's smirk when Judge Perry said that Baez had advocated that Casey would be acquitted.

[Heli]

Judge Perry: Q. What obligation does counsel have to notify the court that probation had already started when he had heard the oral pronouncement of the Judge of probation to begin 'after release'?

What obligation does defence have to notify the court?

Can a judge on his own volition correct a scrivener's error to give the sentence that he announced in open court that no one appealed from at that time for whatever reason?

Double jeopardy .. case called Brown v. State which is found at ... says:

General rule against double jeopardy, once def. serve sentence DJ attaches and sentence cannot thereafter be increased. Probation order does not constitute a sentence. Florida must withhold imposition of sentence .. In addition, sentence can only be imposed following adjudication of guilt ...

Issue not clear cut because certain distinctions that must be dealt with as a result of the Billary decision of FLorida Supreme court with regard to split sentences and gain time issues which have certain double jeopardy implications.

Rules of Criminal Procedure define what a sentence is. Rule 3.70 Sentence Defined. Sentence means pronouncement of the court of penalty imposed on defendance which the defendant has been adjudged guilty.

Ms. Anthony has been erroneously placed on probation and they did a whole year. She's incarcerated and can't function in probation and we all know what the purpose of probation is. The judge's oral pronouncement wsa not followed. Does that person get the benefit of the plea they entered that at the pronouncement that they would complete one year probation or probation went out on good faith belief based on written sentence placed her on probation and she did the whole year?

Did defence know she had begun the probationary sentence even though the judge said she was to begin once she was released?

Does not the rule say that only time the state can do that is if it's in the defendant's benefit? Under the rules, through various decisions, they tend to say as you pointed out, it's only limited to basically correcting an illegal sentence but this is not an illegal sentence.

MS. FRYER: It was possibly a scrivener's error. Strickland is disqualified for bias.

THE COURT: Is there any time limitation to correcting a scrivener's error?


[Fryer continues to refer to Strickland being disqualified. Judge Perry specifically states that Judge Strickland was not disqualified at the time of issuing his original oral order]

MS. FRYER: Jurisdictional issue renders Strickland's order illegal after Anthony completed her probation. Was Ms. Anthony under any obligation to let anyone know that probation didn't follow Judge Strickland's order.

THE COURT: As an officer of the court, did counsel have any obligation to notify the court that the oral order was not being complied with as issued.

[Heli]

Did you catch the Baez's smirk when Judge Perry said that Baez had advocated that Casey would be acquitted.

He had pretty good odds of being right ... 50%. We'd all like those odds of being right or wrong.

[Heli]

JUDGE PERRY: She did one year probation, if you can call it probation, while in jail.