Ask The Judge: Should Casey's Parents Be Allowed In Court? - WESH/Eaton

Ask The Judge: Should Casey's Parents Be Allowed In Court?
Judge O.H. Eaton, Jr., WESH Legal Analyst
POSTED: 2:30 pm EDT May 3, 2011
UPDATED: 3:15 pm EDT May 3, 2011

Excerpt:

Question: Casey Anthony’s parents have asked the judge to allow them to sit in the courtroom during the trial. Should the judge allow them to do this? I thought all witnesses had to remain outside of the courtroom.

Answer: The Florida Evidence Code generally provides that witnesses be excluded from the courtroom during a trial so they will not have an opportunity to hear other witnesses testify and perhaps change their testimony.

There are a couple of exceptions to that rule: (1) a person who is “essential” to the presentation of the case (such as the investigating officer in a criminal case); (2) the “victim” of a crime or, in a murder case, the victim’s next of kin. However, the Code permits the trial judge to exclude these witnesses if prejudice would result and judges routinely deny requests for witnesses to be allowed to sit in the courtroom during the trial. I have allowed a witness to remain in the courtroom after the witness testifies if the lawyers release the witness from subpoena.

READ MORE: http://www.wesh.com/casey-anthony-extended-coverage/27761705/detail.html