Judge will declare Casey Anthony indigent for costs, WFTV analyst predicts

Judge will declare Casey Anthony indigent for costs, WFTV analyst predicts

posted by halboedeker on March, 6 2010 7:01 AM

What happens to a defense team’s motion asking the state to pick up costs for Casey Anthony’s case?

“This judge will not deny this motion,” WFTV-Channel 9 analyst Bill Sheaffer predicted.

The notion that taxpayers would have to help pay for Anthony’s defense might outrage some readers. But Sheaffer predicted the change would speed up the case because the state would have more control. Anthony is charged with first-degree murder in the death of her daughter, Caylee.

WFTV anchor Liz Artz this morning said the station had learned Anthony is keeping her legal team instead of getting a state-appointed attorney. But Artz offered no details.

The defense motion led the 6 p.m. news Friday on WKMG-Channel 6. WKMG anchor Louis Bolden introduced the story this morning as “a Tony Pipitone investigation you will see only on Local 6.” It was another first-rate report from the top-flight Pipitone.

Pipitone noted that Anthony was “flat broke” when she was arrested in 2008. “That soon changed as television networks vied to pay for the rights to video and photos that helped tell the story of her then-missing daughter Caylee,” Pipitone said.

Anthony says she is broke again in an affidavit she signed Tuesday, Pipitone said.

Yet Pipitone outlined that Anthony paid $22,500 to defense attorney Andrea Lyon for costs and $89,400 to defense attorney Jose Baez. Lyon is working pro bono. An affidavit did not break down Baez’s money between costs and fees.

Pipitone set up the question for viewers: Where did Anthony get that money?

The defense motion asks the state to cover costs in Anthony’s case for depositions, investigators, legal research, travel expenses and other defense expenses. Anchor Bolden emphasized that the motion seeks money for costs, not attorney’s fees.

Why did the defense make this move?

Baez told WKMG in a statement: “Casey was willing and able to pay for her own defense, but when the state changed their mind about the death penalty that obviously exhausted her ability to do so.”

Pipitone put the issue in context for viewers with his clear presentation and attention to detail.

http://blogs.orlandosentinel.com/entertainment_tv_tvblog/2010/03/casey-anthony-judge-will-declare-casey-anthony-indigent-for-costs-wftv-analyst-predicts.html

(*Credit WS - RICHARD HORNSBY - 11:55pm - 3/6/10)

What if I told you that the State Attorney (i.e. Lawson Lamar) will not even factor in whether the State is paying for Casey's defense.

What if I told you the cost of her defense will not come anywhere near $2 million (more like $100K).

Okay, nevermind, I am telling you that. Lawson Lamar has been the elected State Attorney for Orange and Osceola since 1980 something and he is unlikely to run again because he is reaching age limts in Florida. So he could care less what the State is ordered to pay for her defense.

Most importantly though, the State Attorney is not even a party to Casey's motion to be declared indigent (which she will be); rather the attorneys for the Justice Administration Commission will be the attorneys of record when the request for indigency will be argued. And while they will likely object, Judge Strickland will declare Casey indigent.

However, once she is declared infigent, JAC will only pay the costs if Casey's defense abides by JAC guidelines - which are less than extravegant. As a result he cannot use his priced experts that live out of state unles they are either (1) wiling to accept the JAC rate of pay (about $150 an hour) or (2) if there is no such exert in Florida that could handle an issue Baez needs an expert on - unlikely.

Regardless, in any instance where Baez tries to deviate from the JAC guidelines for pay, he will have to seek court permission to exceed JAC guidelines and the JAC attorneys will appear and object. The net result being much more transperancy regarding who is being paid and for what.

In any event, the most interesting thing will be to see whether Baez lists what he was paid for all of Casey's case. Reason being is the JAC rules require you to list all fees being paid for all of client's current cases. It does not require you to list what you were paid for past cases.

Thus I have a sneaking suspicion that Baez will noy divulge what Casey "paid" him for the Check Fraud case, because he technically no longer represents her on the case (under Florida rules of administration, an attorney ceases being attorney of record 30 days after criiminal case is disposed of).

Bottom line though for you all will be nothing but frustration. Because while this motion will raise a million questions about what Casey was paid or how shady Baez is, the bottom line is that Casey Anthony will be declared indigent - no matter how nasty that tastes.

p.s. Baez himself will receive no money from the state. Rather he has to submit invoices to JAC and they pay the vendors directly. __________________
My blog: Florida Law and the Criminal Justice System
My site: Orlando Criminal Defense Lawyer
My team: The University of Florida Gators
My favorite quote: “The only real lawyers are trial lawyers, and trial lawyers try cases to juries.” - Clarence Darrow


Last edited by rhornsby; Today at 12:02 AM.