Defense Out Of Money? KC Files For Indigent Status

Casey Declared Indigent

Posted: 6:18 am EST March 10,2010
Updated: 9:43 am EST March 10,2010

Meanwhile, Casey Anthony says she is broke and can no longer afford to pay to defend herself against the murder charges she is facing. Late Tuesday night, the Orange County Clerk of Courts agreed and declared her indigent.

However, criminal defense attorney Chris Smith said that should be the least of anyone's worries.

“The real concern is they did this case and it wasn't prepared properly and has to be tried all over again. I think that's where everybody's real concern should be,” Smith said.

Casey has already paid lead attorney Jose Baez nearly $90,000 and Andrea Lyons has received more than $20,000 in compensation. Smith said that is nothing when you consider all the work that has gone into the case since Caylee Anthony was killed two years ago.

“Those fees are actually pretty low given the amount of work in this case,” Smith said.

Smith said that the real cost to defend Casey will start now, now that taxpayers will pay for investigations, expert witnesses and her attorneys’ salaries. Casey is not scheduled to go to trial until May 2011 and there could be appeals after the trial.

Smith said taxpayers should not worry about that too much, because every dollar spent on indigent defendants is closely monitored by the Justice Administrative Commission in Tallahassee.

“You have to go through a very intense process to get every cost approved prior. You’re going to have to go and get it authorized to get paid subsequent. So they get two hearings,” explained Smith. “The Justice Administrative Commission doesn't give up its money very easily. They’re going to file a lot of motions [and] fight for every dime.”

Before their client was declared indigent, Casey’s attorneys were not required to disclose how much money was being spent. Now, everything becomes public record.

Some of the money to pay Baez and Lyons may have come from hundreds of thousands of dollars that the ABC network paid Casey for exclusive photos and videos of her daughter she is accused of killing. Sources told Eyewitness News that most of defense attorney Andrea Lyons’ compensation has been spent on airfare and investigations.

http://www.wftv.com/news/22794649/detail.html

Casey Anthony will get public defender

By Sarah Lundy, Orlando Sentinel
Updated: 9:54 a.m. Wednesday, March 10, 2010

Casey Anthony is considered to be indigent by the Orange County Clerk of Courts, according to documents filed Tuesday.

This is the first step needed for Casey Anthony to get state financial help to pay for her defense. Her indigent status allows her access to certain costs, such as hiring expert witnesses and investigators.

However, Orange Circuit Court Judge Stan Stickland will have to approve these costs.

Casey Anthony, 23, is charged with first-degree murder in the death of her daughter, Caylee Marie Anthony. On Dec. 11, 2008 — five months after she was reported missing — remains of the two-year-old were found in woods near her family home. Authorities ruled her death a homicide but could not determine her cause of death.

Prosecutors are seeking the death penalty. The trial is scheduled to begin in May 2011.

Casey Anthony filed documents last week, saying two of her attorneys have run up a $112,000 bill for their work. In the motion, Casey Anthony claims she doesn't have enough money to pay for her defense. She has no income, no savings and no assets.

Experts say this is not an uncommon request in complicated death penalty cases.


http://www.palmbeachpost.com/news/crime/casey-anthony-will-get-public-defender-338334.html

I didn't see anything in that article to support the writers headline!!!! I thought I had read on the indigent application that she did NOT wish a Public Defender to be appointed...only costs for witnesses etc.

I don't know Estee, I noticed that too, I just posted it because it was a new update. Maybe someone else knows?

From what I read elsewhere, KC is NOT getting a public defender. JB & Company are not going anywhere. Not sure why they titled their article as they did....

That's OK Jules...I guess she did it for the eye grabbing effect, to lure people into purchasing the paper...Ya see it all boils down to that eva loving $$$$....

Clerk Of Court Declares Anthony Indigent
Judge Must Now Approve Declaration

POSTED: 12:15 pm EST March 10, 2010
UPDATED: 12:23 pm EST March 10, 2010

ORLANDO, Fla. -- Casey Anthony is one step closer on Wednesday to getting tax money to help pay for her defense.

Based on an affidavit that Anthony filled out, Orange County's Clerk of Court Lydia Gardner late Monday declared Anthony indigent.

Judge Stan Strickland must now give the declaration his approval. Anthony's defense would then be able to apply to the state to help recoup costs.

Also added to the court file on Wednesday was a letter from a citizen in Fernandina Beach encouraging Strickland to decline Anthony's request and appoint a public defender to her case.

http://www.wesh.com/news/22797661/detail.html

BBM

That's exactly what I think Judge Strickland should do... I doubt he will do it, but it's what she deserves.... she was INDIGENT from the first time she was arrested, when she actually REQUESTED a public defender represent her....

Whatever happened to that??

I certainly hope that a PD is not appointed in this case as it would/could delay the trial even more....

maybe we should ALL send strickland a letter and let him know our wonderful thoughts on WHY the taxpayers shouldnt be forced to provide her with a "dream team"

she is required to be provided A competent lawyer (aka.. public defender) NOT a whole team of attorneys and high $$ experts.

Casey Anthony; Judge sets date for indigency hearing

Kyle Cassandra
March 10, 2010 5:37 PM

Casey Anthony has cleared the first hurdle to get taxpayer money for her defense. The Orange County Clerk of Courts has declared her indigent. Now its up to the judge to aprove it.

A hearing for the Defendant's Motion for Determination of Indigency for Costs in the State vs. casey Anthony case will take place next Thursday, March 18th, at 11:00 a.m.

Judge Stan Strickland will oversee the hearing and if he agrees with the clerk, Casey will be able to get public funds for everything from bringing in expert witnesses to scientific research. But Orange County Public Defender Robert Wesley says Strickland will have a say in how the money is spent.

"The court receives applications from the lawyer for what they would like to have authorized and how much, and then the court sort of has an oversight role in those cases," said Wesley.

Last week, Casey's attorneys filed a motion saying she had already spent more than a $100,000 on her defense and had no more money.

http://wdbo.com/localnews/2010/03/casey-anthony-judge-sets-date.html

I hope she has to report that income to IRS....

Estee wrote:I hope she has to report that income to IRS....

All income you receive in the form of money, goods, property, and services that is not exempt from tax has to be reported to the IRS. Income from selling videos and photos is definitely not one of the things exempt from tax. If she didn't report it, we might see Tax Evasion added to her list of crimes.

J4a, don't they have to prove who actually sold the videos and pictures? Did the money from ABC go to GA and CA, or did they give it to KC? I'm sure Bozo and his team ended up getting the money, put who was the checks made out to?

I hope GA and CA reported what they got as income too. Will they have to report the cost of their 'mini-vacation/cruise' as income or as a gift? Isn't tax on gifts higher than tax on income?

Oh...Goody, Goody...and I wonder just how she expects to PAY those taxes???? Unfortunately I don't think she can barter her way out of it for say a pole dance!!!! Federal prison is pretty cushy, from what I've heard, so I hope she doesn't have a chance of going there...She's got it too easy now!!!

sitemama wrote:J4a, don't they have to prove who actually sold the videos and pictures? Did the money from ABC go to GA and CA, or did they give it to KC? I'm sure Bozo and his team ended up getting the money, put who was the checks made out to?

I hope GA and CA reported what they got as income too. Will they have to report the cost of their 'mini-vacation/cruise' as income or as a gift? Isn't tax on gifts higher than tax on income?

The IRS probably wouldn't have any problem finding out who ABC paid. Even if Casey gave Bozo the videos and photos to sell in exchange for his services, that is considered bartering income, which is taxable.

The Anthonys wouldn't have to pay tax on the cruise, but they would have to pay tax on anything they sold to generate the income that paid for the cruise. If the cruise was a gift, they wouldn't have to pay tax on it because it is the giver of the gift that has to pay the gift tax, not the recipient. However, most people never have to pay the gift tax because you are allowed to give somebody up to $13,000 a year in gifts before you have to pay tax on them.

From the WESH article:

Also added to the court file on Wednesday was a letter from a citizen in Fernandina Beach encouraging Strickland to decline Anthony's request and appoint a public defender to her case.

Here's the letter:

http://www.docstoc.com/docs/28682558/Correspondence-to-Judge-03092010

State has ‘severe concerns’ about Casey Anthony’s request to be declared indigent

The JAC said it is concerned with Casey Anthony’s request to have state funds used for part of her defense expenses

By Amy L. Edwards, Orlando Sentinel
3:32 p.m. EST, March 12, 2010

The state commission that doles out the public money used in criminal court cases said has "severe concerns" about Casey Anthony's request to be declared indigent.

An attorney for the Tallahassee-based Justice Administrative Commission questioned Anthony's need for public money for her defense on a first-degree murder charge because she already has paid out more than $110,000 in legal fees, according to a document filed with the Orange County Circuit Court and obtained by the Orlando Sentinel.

Anthony's defense team filed a motion last week asking that Anthony be found indigent for costs — meaning the state would pay for certain expenses related to the murder case.

Casey Anthony is charged with killing her 2-year-old daughter Caylee Marie in 2008. She has pleaded not guilty.

Anthony recently signed affidavits indicating fees of $89,454.83 and $22,500 have been paid or will be paid to defense attorneys Jose Baez and Andrea Lyon, respectively.

Because of those claims, "the JAC has severe concerns regarding the Defendant's indigency," JAC assistant general counsel Christian D. Lake wrote in his filing.

Baez and Lyon are not seeking public funds for attorney fees, and their motion stated that Lyon, a law professor at DePaul University, is working pro bono.

They also are not seeking reimbursement for already incurred costs, said Liz Brown, spokeswoman for Baez and Lyon.

How Anthony, 23, can afford to pay for her defense is a topic of much debate. She had no assets when she was arrested on check-fraud charges in 2008.

Her defense has included nationally recognized expert witnesses, such as pathologist Dr. Henry Lee, who testified for O.J. Simpson at his murder trial.

Baez has refused to say how Anthony is paying her attorneys.

Prosecutors have speculated Anthony's "seeming conversion from pauper to princess" could be based on the sale of her photos and videos to media companies.

TV networks often pay "licensing fees" for videos and photos.

In its response to Anthony's request, Lake said attorneys must submit an affidavit attesting to the estimated amount of attorney's fees and the source of payment for those fees.

Lake also wrote that state laws require the court to consider when Anthony retained private counsel, the amount of any attorney's fees and who is paying the fees.

When Casey Anthony filled out her affidavit, she said the fees paid or to be paid to the attorneys were or are being paid by herself.

The Orange County Clerk of Courts found Anthony indigent.

A hearing on the indigency motion is scheduled for next week before Circuit Judge Stan Strickland, who will review the Clerk's decision.

In Florida, judges have to give approval for the various costs when defendants are found indigent.

The JAC can only pay costs that are authorized under Florida law, such as for court reporters, interpreters, investigative services and experts. Dollar amounts for these items are pre-set in each judicial circuit.

http://www.orlandosentinel.com/news/local/breakingnews/os-casey-anthony-court-costs-20100312,0,5687781,full.story

Goody gumdrops...now maybe we will see just who paid who what for whateva...also how much they think future expenses will be.."dollar amounts are pre-set"...

I've been thinking about this late-coming indigent status request and haven't voted yet. Now I'm voting Hell NO!

It doesn't seem right she should be able to change horses in the middle of the stream. Seems like what you say in the beginning when you hire a lawyer rather than having one appointed for you, should count for something.

From J4A's post above linked to source > When Casey Anthony filled out her affidavit, she said the fees paid or to be paid to the attorneys were or are being paid by herself.

If she ran out of money I say Jose can suffer the costs of defending her himself because he took this massive case without really knowing if Casey could pay throughout. And he's known it was a dp case for a long time!

The average Joe who is indigent from the onset doesn't have the luxury of creating a dream team. He takes what he can get, and certainly who he gets will be good at their jobs. It doesn't seem right that Casey bypassed what should have been her average Joe situation and now wants it just because she ran her out of money to pay her dream team . She did not have $$$ from exploitation of Caylee's death when Baez agreed to take her case. He, therefore, knew he was getting into a risky situation where he may not get paid, and that his experts might not get paid.

Yeah, IMO it's Baez's fault and he should eat it! I'm sure he's got insurance to help him pay for his screwups.

ETA: Crap! I forgot to vote before I posted!

I just listened to a segment on Blog Talk RAdio that Richard Hornsby was on...It had his insight into this subject...quite interesting I might add...Give it a listen..

www.blogtalkradio.com/watts-up-with-this/2010/03/15/watts-up-with-this