Judge Strickland Accused of Inappropriate Relationship with Blogger 'Marindade Dave'; Removes Himself From Case

Here is a video from earlier. I totally agree when Dave writes that that the defense has clearly run out of options when Baez and Mason must attack a blogger and a distinguished member of the court.

I'm glad that Mason thinks it's fun to take part in the circus atmosphere that the defense has caused this case involving the murder of a two-year-old to turn into. Why is he wasting time with these new motions? Hasn't a motion against the death penalty already been denied? If Mason and Bozo were capable of getting their client acquitted based on the facts, they wouldn't have to worry about her receiving the death penalty.

Hey Bozo, here is your new judge's take on the death penalty.

Killer Gets Death Sentence

Judge To Lebron: 'You Forfeited Your Right To Live At All'

August 16, 2002|By Susan Jacobson, Sentinel Staff Writer

KISSIMMEE -- As the victim's mother sobbed with grief and relief, a judge Thursday sentenced Jermaine "Bugsy" LeBron to death in the 1995 shotgun killing of Larry Neal Oliver Jr.

LeBron, 28, shackled and in a red-and-white striped jail uniform, stood impassively with his attorney as Chief Orange-Osceola Circuit Judge Belvin Perry Jr. declared LeBron unfit to live.

"Jermaine LeBron," Perry said, "you have not only forfeited your right to dwell among us as a free man, but under the laws of the state of Florida, you have forfeited your right to live at all."

http://articles.orlandosentinel.com/2002-08-16/news/0208150541_1_neal-oliver-lebron-perry

J4a said:

Why is he wasting time with these new motions? Hasn't a motion against the death penalty already been denied?

I think the answer to your question is that the previous motions were denied by Judge Strickland. They are hoping for a different answer from Judge Perry.

I'm so glad to see Judge Perry is a believer in the death penalty. KC deserves no less. Not only did she murder her innocent two year old daughter, but she has cost the state a ton of money.... and has trashed so many people that just didn't deserve what they got from her and her defense..... all to try to save her sorry GUILTY butt.

Judge Strickland Steps Down From Casey Case

Updated: 7:04 pm EDT April 19, 2010

ORLANDO, Fla. -- Big changes are coming in the case against Casey Anthony. She's got a new lawyer and now she has a new judge, too. WFTV found out why conversations with a blogger cost Judge Stan Strickland the case.

STRICKLAND STEPS DOWN: Read His Order | Judge Appointed
BILL SHEAFFER: Analysis Of Judge Stepping Down
REMOVE JUDGE MOTION: Fixed Version | Original
INTERVIEW: Blogger Talks To WFTV About Controversy
RAW VIDEO: Blogger Talks To Judge On Oct. 16th
VIDEO REPORT: Strickland Steps Down From Case

Judge Strickland has presided over Casey's case for almost two years, but Monday he gave it up. The news broke last Friday when Casey's new lawyer filed a motion asking Strickland to step down, because he complimented a crime blogger in court and called him during a hospital stay.

The defense says that blogger, who calls himself Marinade Dave, is biased against Casey.

Strickland made his decision quickly, stepping down Monday afternoon after granting the defense's motion asking him to do so.

“At its core, defense counsel’s motion accuses the undersigned of being a ‘self-aggrandizing media house’. Indeed. The irony is rich,” Strickland pointedly wrote in his order (read it).

In a separate order (read it), Judge Strickland confirmed his recusal and Administrative Circuit Judge Reginald Whitehead appointed Judge Belvin Perry Jr. in his place; Perry is highly-respected and known as a tough, no-nonsense judge.

Orange County Circuit Judge Stan Strickland has been on the bench for 15 years. He was chairman of the local Bar Association's professionalism committee a few years ago.

Some are wondering what he was thinking when he called blogger "Marinade” Dave Knechel to the bench on October 16 (raw video), after a Casey Anthony hearing, and complimented his blog.

Judge Strickland wrote in his order that he was looking at Internet and blog sites to research the extent and content of the publicity, because the defense was asking to move the trial to another county. He wrote that he noticed that Marinade Dave was actually defending Casey Anthony and her family against the bashing.

"This particular blogger/journalist admonished and frequently chastised those who came onto his blog for the sole purpose of bashing the defendant and her family. The Court thanked him for being both fair and civilized," Strickland wrote in his order Monday. "The content of my words, and context (open court) both seemed unremarkable."

Sheaffer said Strickland had three options. Two of them meant stepping down.

Strickland granted the defense motion and recused himself. That was option one.

“The judge could deny the motion and, in the interest of justice and fairness, request that the case be reassigned to another judge,” Sheaffer said, explaining option two.

For option three, Sheaffer said, Strickland could have decided to keep the case and the defense could have appealed the issue, by a way of “writ of prohibition” to the 5th District Court of Appeals, which would bring the case to a halt for months.

"Since the undersigned has now been accused of bias and wrongdoing, potentially each denial of a defense motion will generate renewed allegations of bias," Strickland wrote. "The cumulative effect will be to elevate an otherwise meaningless situation into a genuine appellate issue."

Marinade Dave shot back over the weekend, accusing the defense of wasting taxpayer money to find him rather than to find Caylee's alleged nanny, Zenaida Gonzalez.

http://www.wftv.com/news/23199005/detail.html

Sheaffer said Strickland had three options. Two of them meant stepping down. Strickland granted the defense motion and recused himself. That was option one.“The judge could deny the motion and, in the interest of justice and fairness, request that the case be reassigned to another judge,” Sheaffer said, explaining option two. For option three, Sheaffer said, Strickland could have decided to keep the case and the defense could have appealed the issue, by a way of “writ of prohibition” to the 5th District Court of Appeals, which would bring the case to a halt for months.

The defense was probably hoping for option three since they seem to be doing everything they can to delay the case.

I'm glad that Judge Strickland put his pride aside and recused himself to avoid anymore unnecessary delays in the case. I admire him a lot.

Snaz wrote:

J4a said:

Why is he wasting time with these new motions? Hasn't a motion against the death penalty already been denied?

I think the answer to your question is that the previous motions were denied by Judge Strickland. They are hoping for a different answer from Judge Perry.

You know the old saying. Hope in one hand, and then **** in the other. Bozo and Mason will soon find out which one fills up first.

ORDER ON DEFENDANT'S MOTION TO DISQUALIFY TRIAL JUDGE

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

CASE NO.: 2008-CF-015606-0

STATE OF FLORIDA,
Plaintiff,
vs.
CASEY MARIE ANTHONY,
Defendant.

ORDER ON DEFENDANT'S MOTION TO DISQUALIFY TRIAL JUDGE

An innocent is dead and the life of an accused citizen hangs in the balance. The Court cannot conceive of any words with greater gravitational force or consequence. The Court's foundational belief in our judicial process, and the commitment to its purpose are unwavering.

The issue before the Court presently is the Defendant's Motion to Disqualify the undersigned filed (courageously!) at 4:48 p.m. on Friday afternoon, April 16, 2010. No courtesy copy or fax was provided to the Court. Obviously, defense counsel's intent was to maximize exposure, and minimize or delay any response. The crux of defense counsel's motion centers around this Court's comments to a local blogger/journalist many months past. The Court's comments to the blogger/journalist, delivered "secretly" in open court, with open mics, in front of rolling TV cameras, and with all counsel present was, indeed, a compliment. As a backdrop, the Court had recently begun looking at some internet material and blogs to get some indication of the nature of general discussions about this matter, as well as the various locales from which they came. Internet discussions had become relevant to the Defendant's Motion for Change of Venue. During the Court's somewhat infrequent sojourns to the blogosphere, the undersigned noticed that this particular blogger/journalist admonished, and frequently chastised those who came onto his blog for the sole purpose of bashing the Defendant and her family. The Court thanked him for being both fair and civilized. The content of my words, and context (open court) both seemed unremarkable.

Over the past 20 plus months, in-between media interviews, guest appearances on television shows, and press conferences, defense counsel has filed a litany of motions. The content of the motions has ranged quite broadly from a Motion to Disqualify the State Attorney's Office, to a motion to stop law enforcement from securing and investigating the crime scene of a homicide, to a more recent motion wherein defense counsel invited the Court to simply "trust" him, and further informed the Court that certain defense experts (including Dr. Henry Lee) would be willing to accept a crate of oranges as payment for their services. While few of the defense motions have caused the Court to scramble for a legal treatise, most have been generally responsible and relevant. This fact alone does not insure a favorable ruling. Defense counsel, who has been aware of the Court's brief discussion with the blogger/journalist for many months now, seems to have only recently lost confidence in the Court's ability to be fair and impartial.

The Court takes heed of the Defendant's present uneasiness. It is axiomatic that no judge "owns" a case. No defendant's rights should ever be subordinated to judicial ego. The Court does confess to a general affability that, at times, seems to belie the importance of the task at hand. Until now, enjoying my work has never seemed to pose a problem. Even so, the Court is now accused of being biased in favor of the prosecution. While dozens of motions have been filed, many more wait in the wings. If past is prologue, some defense motions may be denied. Since the undersigned has now been accused of bias and wrongdoing, potentially each denial of a defense motion will generate renewed allegations of bias. The cumulative effect will be to elevate an otherwise meaningless situation into a genuine appellate issue.

At its core, defense counsel's motion accuses the undersigned of being a "self-aggrandizing media hound". Indeed. The irony is rich.

Motion granted.

DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida, this 19th day of April, 2010.

Thank you, J4A, for your hard work!!

It's not as hard as it looks, but you are welcome.

Apparently, the defenses strategy is this:




TO INFINITY AND BEYOND!!!!!!! kh

Richard Hornsby's take on things:

The winner in today's developments is the prosecution.

Judge Perry is a former prosecutor who is a no-nonsense, law and order, black letter law judge. Unless the legal issue is well settled in the defense's favor he will never rule for them; whereas Judge Strickland would be more apt to give an expansive view of the law.

More importantly, Judge Perry is the legislative liaison for the ninth circuit. So you can assure yourself that that the purse strings for the defense budgeting conference will be pulled tight.

http://www.websleuths.com/forums/showpost.php?p=5087183&postcount=373

I noticed a few things over the weekend. The memorandum originally shown by Cfnews13 had no signatures on it either.

http://www.cfnews13.com/uploadedFiles/Stories/Local/0416%20Memorandum%20In%20Support%20Of%20Defendant’s%20Motion%20To%20Disqualify%20Trial%20Judge.pdf

Here's Judge Perry when Casey was indicted:

http://www.wftv.com/video/17714433/index.html

A gender biased request against the DP:

http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Preclude%20the%20State's%20Impermissible%20Gender%20Biased%20Request%20for%20Imposition%20of%20the%20Death%20Penalty.pdf

Judge Strickland's order on motion to disqualify Judge: (I love footnote #1....."he had used a notary stamp from a prior decade"........LOL!!!!!)

http://www.cfnews13.com/uploadedFiles/Stories/Local/Order%20on%20Defendant's%20Motion%20to%20Disqualify%20Trial%20Judge.pdf

MD's interview:

http://www.wftv.com/video/23199549/index.html

Judge takes himself off Anthony case

By Mayra Cuevas-Nazario and Beth Karas, In Session
April 20, 2010 -- Updated 0049 GMT (0849 HKT)

CNN) -- The judge in Casey Anthony's murder trial took himself off the case Monday after the defense contended he was biased against her.

"Over the past 20-plus months, in between media interviews, guest appearances on television shows and press conferences, defense counsel has filed a litany of motions," Ninth Circuit Court Judge Stan Strickland observed in an order recusing himself from the high-profile murder trial.

"At its core," the judge continued, "defense counsel's motion accuses the undersigned of being a 'self-aggrandizing media hound.' Indeed. The irony is rich."

The case has been reassigned to Judge Belvin Perry Jr.

Read Judge Strickland's order

"Judge Perry is a good judge; he knows the law," Cindy and George Anthony's attorney, Brad Conway, told CNN. "Stan Strickland is just as good and knowledgeable. He's also extremely patient. He lets you say what you have to say, then he rules."

Read more here:
http://edition.cnn.com/2010/CRIME/04/19/casey.anthony.judge.quits/

I have just read the news about Strickland, and feel like somebody punched me in the stomach. I hope to hell that the Anthony defense team regrets this smart-ass motion, and that they get what they deserve. My fear is that the entire circus trial will have to start over from scratch.

Julie, thanks for all of your links. Judge Strickland's last comment says it all. I think it will come back to bite them, Cali.

Tru TV presently talking about the NEW JUDGE...

I heard that Judge S was moved from Criminal cases to Civil cases a while back (date not given) and at that time Casey's case was supposed to have gone to a new judge (Perry) still in Criminal cases, but Judge S was asked to stay on with Casey's case since he'd already started it and he said OK.

So Perry should have had this case months ago! I wish he had!

I wonder how Mason's elation at joining this case because it was FUN would have played with Perry! I'd imagine such a mockery of the court system may not have set well with Perry.

Also, saying Dr Lee would work for a crate of oranges might have gotten Perry's ire up! I would have mine, had I been judge. It was a brazen lie!

Judge S gave the defense team way too much patience! Many times- when they came unprepared- he treated them as if he was teaching Law to them rather than holding them responsible for being competent attorneys. Like, "Go home and redo your homework and bring it back in if you want a good grade!" The Judge had to do lots of the defense's work for those lazy bstrds! Just to keep them from going to appeals later if Casey got convicted.

I'd have given them some tough love! I'd have ruled on what they brought to court on any given day they wished to present their incomplete motions. Maybe then Casey would have realized she had sucky lawyers and dumped them all in fear she'd get convicted because they were incompetent.

I hope with this new judge Casey does catch a clue that her team SUCKS! And she fires them all!

Here's another rant for ya! LOL

I can't stand it when Baez complains about the death penalty and how he isn't qualified to try the case so he needs to have tax payers bring in qualified help so he can stay on the case, and that Judge S let him win that one!

Baez took this case when he was told Caylee had been kidnapped. He claimed to believe this was true, so he was within his qualifications to defend her. Then it turned to a murder trial and he was still OK, but then when the DP got put on the table (the first time) he should have taken himself OFF the damn case because he knew he would need to hire a qualified attorney to deal with it or not be allowed to lead the case anymore!

But he didn't because all that money was pouring in from selling Caylee's pics etc, so he thought he had it under control to be able to stay and hire help. He was wrong because the well dried up, so he turned back to the taxpayers a little late! His mistake! For which he and only he should be held responsible!

Baez should have stepped down because he was not qualified or assumed the risk of running out of money to pay a qualified attorney so he could stay on! But in Baez's world, where you get to have your cake and eat it too, he just wants to lead this high profile case for his own reasons that IMO have nothing to do with giving a crap about Casey. He wants to be in the spotlight!

There are so many reasons why Baez should not be leading this team! Number one being HE's not DP qualified so he's having to only pretend he's leading in the first place, and in order for him to keep on pretending he's a big boy hot shot, now he's asking the tax payers to make it so?

I think Judge S missed a golden opportunity on this indigent motion. He should have told Baez, that just like his other attempts to do his job without properly being prepared, he has chosen to continue on with a case for which he is not prepared nor qualified and should therefore assume responsibility for the cost himself! I'm sure Baez has insurance to cover his boo boos!

Baez has stayed too long at the fair! He should have taken himself off the case for Casey's best interest the first time the DP was put on the table! He has frivolously spent what money she made selling pictures by not doing so, and he caused her to become indigent.

I'm sure if he'd put his ego in his pocket and stepped aside when he should have, some REAL DP qualified attorney would have stepped up for the high profile case pro bono...they always do.

I just get furious that Baez could say Judge S was biased when Baez himself is clearly biased toward what is best for HIM and not for Casey at all!

What's best for Casey is that Baez is not in this at all! His incompetence is the sole reason for any door being opened to possible appeals. Yet Strickland tried to circumvent that by taking up the slack for Baez's stupidity. And now the tax payers are having to do it too!

What would Perry have done?

I think all the jokes & snickering from the defense side of the room is about to end. I wonder if Baez will call Judge Perry "Judge" instead of "Your Honor"? The noyve!

Julie wrote:I noticed a few things over the weekend. The memorandum originally shown by Cfnews13 had no signatures on it either.

http://www.cfnews13.com/uploadedFiles/Stories/Local/0416%20Memorandum%20In%20Support%20Of%20Defendant’s%20Motion%20To%20Disqualify%20Trial%20Judge.pdf

Here's Judge Perry when Casey was indicted:

http://www.wftv.com/video/17714433/index.html

A gender biased request against the DP:

http://www.cfnews13.com/uploadedFiles/Stories/Local/Motion%20to%20Preclude%20the%20State's%20Impermissible%20Gender%20Biased%20Request%20for%20Imposition%20of%20the%20Death%20Penalty.pdf

Judge Strickland's order on motion to disqualify Judge: (I love footnote #1....."he had used a notary stamp from a prior decade"........LOL!!!!!)

http://www.cfnews13.com/uploadedFiles/Stories/Local/Order%20on%20Defendant's%20Motion%20to%20Disqualify%20Trial%20Judge.pdf

MD's interview:

http://www.wftv.com/video/23199549/index.html

I don't know why the links aren't working now....does anyone know how to get them back on?