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Level 7

Since: Sep 08

Where The Heart Is

#404 Jan 7, 2011
THIS CAUSE came before this Court for hearing on December 20, 2010, on the Defendant's Motion to Seal Penalty Phase Discovery filed on December 3, 2010, pursuant to Florida Rule of Criminal Procedure 3.220(1). After carefully considering the Motions, arguments of counsel, and the law, the Court finds and determines as follows:

Counsel for the defense petitions this Court to enter a protective order pursuant to Florida Rule of Criminal Procedure 3.220(1), sealing or exempting from public access certain penalty phase discovery. Specifically, counsel for the defense wishes to preclude the release of the penalty phase witness list, which this Court ordered disclosed on November 30, 20 I O. Counsel for the Orlando Sentinel ("Sentinel"), a local daily newspaper granted standing by the Court, has filed a motion in opposition.

The issue thus presented is whether or not the Court must seal this discovery from public access in order to ensure the Defendant's right to a fair trial. For the reasons discussed infra, the Court finds that the requested action is not required.

Rule 3.220(1) provides that upon a showing of good cause, the Court may "order specified disclosures be restricted, deferred, or exempted from discovery." Fla. R. Crim. P. 3.220(1).(Emphasis supplied).

Before court or public records may properly be closed on fair-trial grounds, this Court must specifically identify the factors that threaten the administration of justice and weigh all reasonable alternatives to mitigate the perceived threats. Only then, after development of a full record on these issues, may a court narrowly fashion a remedy that accommodates the public's interest alongside that of the criminal justice system.

Specifically, this Court must apply the three-part test referenced in Florida Freedom Newspapers v. McCrary, 520 So. 2d 32 (Fla. 1988), and established in Miami Herald Publishing Co. v. Lewis, 426 So. 2d 1 (Fla. 1982). Such findings can only be made after a careful analysis of the following factors:

a. Restricting public access to discovery material is necessary to prevent a serious and imminent threat to the administration of justice;

b. No alternatives, other than a change of venue, would protect the defendant's right to a fair trial; and

c. Closure would be effective in protecting the rights of the accused, without being broader than necessary to accomplish this purpose.

Lewis 426 So. 2d at 6; McCrary, 520 So. 2d at 35.

Bearing the preceding principles in mind, the Defendant's claim fails. As a threshold matter, the Court agrees with the Sentinel that the Defense bears the burden of proof in sealing this penalty phase discovery. It is well-settled that the party seeking closure has the burden of proving by the greater weight of the evidence that closure is necessary to prevent a serious and imminent threat to the administration of justice. WESH Television, Inc. v. Freeman, 691 So.2d 532, 534 (Fla. 5th DCA 1997).

Level 7

Since: Sep 08

Where The Heart Is

#405 Jan 7, 2011
Although the Defense claims that disclosure of the witness list has a potentially chilling effect, the Court agrees with the Sentinel that this bald assertion is insufficient. A finding of cause to restrict or defer disclosure of such records cannot rest in air. McCrary, 520 So. 2d at 35. In order to seal the entire penalty phase witness list, the Defendant must make a much more particularized showing. The Court agrees with the Sentinel that the three-pronged test has not been met in the case sub judice.

To the contrary, many potential penalty phase witnesses are presumably already known to the public at large and are already associated with this case. Release of any known individual's name could not possibly deprive the Defendant of her fair trial rights. Moreover, even for witnesses not known, counsel's conclusory assertion that some witnesses may be reluctant to come forward is insufficient to demonstrate a real threat to the Defendant's fair trial rights. Any penalty phase witness will testify in an open courtroom and be publicly identified with this case. If the unknown individuals on the Defendant's witness list are simply reluctant to be associated with this case, the Defendant has not shown how the delayed association of these individuals will protect her fair trial rights. Because the Defense does not satisfy its burden, the Motion to Seal Penalty Phase Discovery is DENIED.

DONE and ordered in chambers at Orlando, Orange County, Florida, this 7th day of Jauary 2011.

new leaf days

Huntington, IN

#406 Jan 8, 2011
short list of penalty phase witnesses:


oh my.
new leaf days

Huntington, IN

#407 Jan 8, 2011
"on january 20th - prosecutors will question 10 volunteer equusearch searcher"

10 ghouls get immunity and the rest don't.

FloridaStatute40 6_12

Huntington, IN

#408 Feb 18, 2013
dsntslp wrote:
TES is returning! http://www.texasequusearch.org
Come Search for Caylee Anthony and Camp at KOA!
We have reserved a group site at KOA campground 12345 Narcoossee Rd. in Orlando for searchers who are interested in camping for the weekend!
Here is the web address for the campground so you can check it out!
Plan to search on both Saturday and Sunday!
Usually single tents sites are $32.00 per night but KOA is being extremely generous and giving us a group rate of $6.00 per person, per night.
We can only accept 50 people so please respond quickly. This site is for tents only - NO RV's! Please do not contact the campground for information as we do not want to overwhelm them.
We have reserved the site for 3 nights.
Nov. 7th, 8th and 9th.
The idea is to accommodate as many schedules as we can.
We will be setting up camp on Friday afternoon, searching Saturday and Sunday, and because we have the site for Sunday night we don't have to check out until Monday at 11:00 am.
No open fires will be allowed but we can bring enclosed fire pits as long as they are completely self contained.
No pets will be allowed except service animals (Search and Rescue Canines) who have the proper certification papers.
We are really excited and hope to fill all fifty slots within just the next few days.
We look forward to searching and camping with everyone.
Feel free to spread this notice around the internet! We want to help in any way we can.
This will be a search with TES.
Searchers will need to fill out an application and a registration agreement.
You do not need to become a TES member to join the search or to camp. We welcome TES members and the general public. You WILL need to sign a volunteer agreement at the command center.
Because Tim Miller was looking for a LIVE Caylee, as per his lawsuit?

The "Great Ghoul Round-Up" ghouls are going to be SHOCKED when Casey is done.

FloridaStatute40 6_12

Huntington, IN

#409 Feb 18, 2013
margaret wrote:
from merker
TES Needs FOOD for Searchers.
Pizza Hut's Phone:(407)-273-xxxx 6100
Quiznos' Phone:(407)-851-xxxx 3444
Popeyes chicken 1$ each they deliver take credit card Visa or American Express Phone 1-407-275-xxxx 3110
Direct food deliveries to Barbie Tarr or Carolyn Todd at:
TES Command Center
Shadowridge Dr & 4999 Judge Rd, Orlando, FL 32818
(SE Corner)
please pass along
What up, Margaret?
Time sure flies.

How long has it been now, since you've been on the other side?

Did you see the verdict? Did you see God in the courtroom? He was awesome.
FloridaStatute40 6_12

Huntington, IN

#410 Feb 18, 2013
Miss Sherriff wrote:
<quoted text>
Glad to see you made it home safely gf. I didn't get your message about the ice until I was already home, so sorry, hope nothing spoiled, wasn't thinking, bf was rushing me. There is so much we missed while gone and will have to fill you in. Surely you will see it, C&G showed up at Blanchard on Monday, not sure where ya'll went that day But so glad I didn't see them!
Email me, I don't have all of your phone #'s. When you get chance, that is. I copied the book and have already started some research. By the weekend I will and can have full understanding of the KS case.
talk with you soon!
Did Casey name you in the bankruptcy filing?
FloridaStatute40 6_12

Huntington, IN

#411 Feb 18, 2013
Rocket Scientist wrote:
http://www.myspace.com/cayleei smissing
Help Find Caylee
"The ONLY OFFICIAL Caylee Anthony Myspace Page - site managed by Anthony family and Caylee Search Team ""
22 years old
ORLANDO, Florida
United States
Last Login: 11/9/2008
Mood: hopeful
Help Find Caylee 's Interests
Name: Caylee Marie Anthony
Age: 3 Years old
Missing since: June 16, 2008
Hair-light brown hair
Eyes-Dark hazel
Height- Aprrox. 3.5 - 4 feet tall
Weight- Approx. 35 45 lbs.
Birth mark on left shoulder/arm
Some Interesting Things About Me!
I like to play with my hair, I am animated when I speak, I can count to 45 in Spanish and say some other words in Spanish, and I love playing outdoors!
My Favorite Song
"If your happy and you know it clap your hands" and any veggie tale song.
Television My Favorite Cartoon
Sponge Bob Square Pants
My Favorite Book
Supper Time for Freida Fuzzy Paws
My "mama" and family!
Joe, Joe and Grammie
Uncle Lee
" I love playing outdoors!"

Probably why Casey took her to the little park on the day she was STOLEN.
FloridaStatute40 6_12

Huntington, IN

#412 Feb 18, 2013
margaret wrote:
from merker:
I got an email from Barbie:
"Please have them directed to me, or Carolyn Todd at the TES Command Center.
Thanks so much,
Direct food deliveries, 11am to 3pm, to Barbie Tarr or Carolyn Todd at:
TES Command Center
Shadowridge Dr & Judge Rd, Orlando, FL 32818
(SE Corner)
please pass along
Did Casey name you in the bankruptcy filing?
FloridaStatute40 6_12

Huntington, IN

#413 Feb 18, 2013
dsntslp wrote:
We are back at home now and I will be putting together a post to tell everyone how things went.
My laptop crashed the second night we were there and I feel so bad to have not been able to keep everyone updated.
I will post about our trip this evening.
Thanks for all the prayers,
Did Casey name you in the bankruptcy filing?
FloridaStatute40 6_12

Huntington, IN

#414 Feb 18, 2013
Merker wrote:
<quoted text>
I sent you an email and setup the photobucket account.
Thanks, ghoul.
FloridaStatute40 6_12

Huntington, IN

#415 Feb 18, 2013
Nuthutters46er wrote:
<quoted text>
They are members of the MM site. Now they hide from Mort Smith. They did more than muck it up. Thanks for bringing this thread up. I think it will clarify some things.
One of them left a strand of their hair with Caylee's remains.
Is it any wonder they were afraid to talk to investigators?

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