Posts Tagged ‘casey anthony civil suit update’

As Casey Anthony’s bankruptcy proceedings enter their 10th month (she filed in January), she asked a judge Thursday to dismiss Roy Kronk and Zenaida Gonzalez’s claims in her bankruptcy case, saying they are without merit.  Both Zenaida Gonzaelz and Roy Kronk claim Anthony defamed them and they should be considered creditors in the bankruptcy case.  Anthony asked in the dual motions for the “fresh start” she is promised by law.

“This travesty has gone on long enough,” Anthony’s lawyers argue in both new motions, “Ms. Anthony implores the Court to end this matter so she can begin the fresh start she is promised by the law.”

Casey Anthony told detectives during a 2008 investigation that a woman named Zenaida Fernandez Gonzalez, her nanny for 2 years, kidnapped her 2-year-old daughter.  Gonzalez said she was defamed because of the similar name.  Investigators determined that there was no nanny and charged Anthony with murder.  Casey Anthony was eventually acquitted at trial of the most serious charges relating to her daughter’s disappearance and death.

Anthony’s lawyers write in their new motion that Gonzalez’s claim is based entirely on privileged conversations with law enforcement and out-of-context comments Anthony made to her mother.  Roy Kronk found Caylee Anthony’s remains near the Anthony home.  He claims he was defamed when Jose Baez made “false statements” about him.  Anthony’s attorneys argue that Kronk is suing based upon protected privileged comments made by Jose Baez.  Besides, under bankruptcy law, a person “cannot be liable for statements of someone else.”

“Over the years, many persons have pursued actions in which they sought to profit, one way or another, from Ms. Anthony’s ordeal,” her attorney, David Schrader, wrote in the motion, “All of the claimants have been rebuffed and turned away empty-handed, though most of them enjoyed their ‘fifteen minutes’ of fame while their claims were pending, which was the real objective.”

Charles Green, Anthony’s civil attorney and Debra Ferwerda, Anthony’s lead bankruptcy attorney, said their client never willfully or maliciously defamed Kronk, a meter reader, or Gonzalez, both are required for a defamation lawsuit.

“Casey Anthony specifically says when asked by the police ‘Is this the Zenaida Gonzalez you are referring to?’ she says, ‘No, that’s not the same person.’  She’s not talking about that Zenaida Gonzalez.  Never was.  Kronk is suing on what Jose Baez said in his closing arguments.  He’s suing Casey for something her attorney said, which just can’t be done.  Plus, what is said in court is protected,” said Ferwerda.

Casey Anthony is set to be deposed by Zenaida Gonzalez’s attorneys, her attorneys told FOX35 on Thursday that they will likely file a motion for protective order until after November 5th, the date the federal judge is expected to rule on the motions to dismiss.  Texas Equusearch, another group civilly suing Anthony, may be nearing a settlement with her, according to a recent court filing.

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Casey Anthony’s bankruptcy attorney David Schrader urged federal Judge May to postpone her scheduled deposition in the Zenaida Gonzalez civil suit saying, it would be premature.  During a hearing held today, Schrader said he plans to file motions to dismiss the two defamation lawsuits (Roy Kronk and Zenaida Gonzalez).  He told May that it would be “improper” and unfair for Anthony to be deposed before they find out whether or not the lawsuits should be dismissed.

May set a hearing date on the dismissal motions for November 5th.  He didn’t delay the deposition outright, but told Schrader to file a request for a protective order against the deposition, which would block the October 9th deposition set by Matt Morgan, Zenaida Gonzalez’s attorney.  Zenaida Gonzalez and Roy Kronk are suing Casey Anthony for defamation.  They claim that Anthony was “malicious” when she defamed them, so their lawsuits shouldn’t be discharged with her bankruptcy.  Casey Anthony filed for bankruptcy in January of this year due to her almost $800,000 in debt resulting from her 2011 capital trial where she was found not guilty of the most serious charges.

Roy Kronk is suing because he alleges that Casey Anthony’s criminal defense lawyers made “false statements” about him being “morally bankrupt” and even though she never said anything about him personally, she should be held responsible for this alleged defamation.  Zenaida Gonzalez is suing because she alleges she was defamed when detectives interviewed her and then she was linked to the case by the overzealous media coverage during the Anthony investigation in 2008. Anthony’s attorneys have said that they don’t believe that she was defamed for many reasons, including the fact that she had her son arrange an interview for her before anyone even knew who she was.  The nanny that Casey Anthony invented did not match Gonzalez, only had a similar name, and was “created” by Anthony 2 years prior.  It was widely reported following Gonzalez’s first of many interviews that the nanny did not exist.