Open the Door and Let Them In - Orlando Magazine
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Open the Door and Let Them In - Orlando Magazine
May 4, 2011 12:10 AM
Casey Anthony Trial
Open the Door and Let Them In
Excerpt:
Mark Lippman, George and Cindy’s attorney, filed a motion last week addressing that very question, to which his answer is “yes.” You see, Casey's parents are in the unique position of being both witnesses for the state and relatives of the victim, Caylee. And that dual relationship to the murder case against Casey presents a conundrum that may take the wisdom of Solomon to resolve.
On the one hand, the Florida Constitution guarantees that relatives of the victim are entitled to the right to be informed and to be present at all crucial stages of criminal proceedings. In other words, George and Cindy have the right to attend the entire trial. On the other hand, the state or defense could request the Rule of Sequestration because George and Cindy are witnesses. Invoking this rule would keep them out of the courtroom until they testify, one by one. While odds are slim the defense would seek to enforce the rule, the state most likely will because the court already granted such a request at an earlier hearing. Prosecutors feared that there was a real possibility that one’s testimony could taint the other.
Initially, I believed the Anthonys should be sequestered for this very reason. But I’ve since changed my mind, thanks to a recent conversation with renowned criminal defense attorney Mark NeJame.
He cited the competing interests: Yes, George and Cindy lost their granddaughter, but the court has every right to sequester them. Yet, NeJame said he believes George and Cindy should be allowed to sit in on the entire trial. Somewhat perplexed, I asked him why.
READ MORE: http://www.orlandomagazine.com/Blogs/Casey-Anthony-Trial/April-2011/Open-Up-the-Door-and-Let-Them-In/
Casey Anthony Trial
Open the Door and Let Them In
Excerpt:
Mark Lippman, George and Cindy’s attorney, filed a motion last week addressing that very question, to which his answer is “yes.” You see, Casey's parents are in the unique position of being both witnesses for the state and relatives of the victim, Caylee. And that dual relationship to the murder case against Casey presents a conundrum that may take the wisdom of Solomon to resolve.
On the one hand, the Florida Constitution guarantees that relatives of the victim are entitled to the right to be informed and to be present at all crucial stages of criminal proceedings. In other words, George and Cindy have the right to attend the entire trial. On the other hand, the state or defense could request the Rule of Sequestration because George and Cindy are witnesses. Invoking this rule would keep them out of the courtroom until they testify, one by one. While odds are slim the defense would seek to enforce the rule, the state most likely will because the court already granted such a request at an earlier hearing. Prosecutors feared that there was a real possibility that one’s testimony could taint the other.
Initially, I believed the Anthonys should be sequestered for this very reason. But I’ve since changed my mind, thanks to a recent conversation with renowned criminal defense attorney Mark NeJame.
He cited the competing interests: Yes, George and Cindy lost their granddaughter, but the court has every right to sequester them. Yet, NeJame said he believes George and Cindy should be allowed to sit in on the entire trial. Somewhat perplexed, I asked him why.
READ MORE: http://www.orlandomagazine.com/Blogs/Casey-Anthony-Trial/April-2011/Open-Up-the-Door-and-Let-Them-In/
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