Posts Tagged ‘casey anthony deposition’

Tampa bankruptcy judge K. Rodney May ruled Tuesday that Casey Anthony must answer some of the questions she did not answer during a recent deposition.  The deposition was taken in January as part of the Zenaida Gonzalez defamation lawsuit still pending.

Casey Anthony accused a woman of kidnapping her daughter in 2008, that woman had a similar name to Zenaida Gonzalez.  Gonzalez’s attorneys wanted the judge to order Anthony to answer questions ranging from the alleged defamation to Caylee’s disappearance and death, as well as where Caylee was when Anthony lied to investigators and during a July 25th videotaped jail visit that backbones the Gonzalez lawsuit.  In that visitation video, Casey Anthony tells her parents that she never saw a picture of “that girl down in Kissimmee”, who deputies questioned.

The judge said no questions regarding Caylee can be asked.

Shuker told the media afterwards, “What I’m hoping is that the judge is saying, you can get there without asking her directly…”

The judge ruled that Anthony’s state of mind is important and she must answer questions about that.

Cheney Mason told Fox35, that overall they were pleased, “it’s clear that the judge has an intelligent view of what this case is and what this case is not.”

Casey Anthony’s lawyers argued to the judge that she should be allowed to plead the Fifth and not answer questions about Caylee because of possible federal perjury charges.  They argued to the judge that it was possible that Gonzalez’s lawyers were attempting to trap Anthony on purpose.  Judge May said he will not let Gonzalez’s lawyers retry the state’s failed case against Anthony.

During the deposition, Anthony admitted to lying about Zenaida Fernandez Gonzalez kidnapping her daughter, but denied ever implicating Zenaida Gonzalez, and in fact pointed out that she cleared her to the police.

The judge’s ruling means that Gonzalez’s lawyers can ask Casey Anthony why she never publicly cleared Gonzalez, after telling her parents that she never saw a picture of that “girl down in Kissimmee.”  The attorneys will also apparently be allowed to ask why Casey Anthony invented the kidnapping story about Zenaida Fernandez Gonzalez.

“We’re not thrilled with the ruling…we’re looking forward to asking questions we’re allowed to ask,” Gonzalez’s attorney Scott Shuker told WESH 2, “But disappointed we can’t ask about Caylee’s whereabouts.”

Gonzalez’s attorneys need to establish that Anthony maliciously and intentionally defamed Gonzalez in July of 2008.  If they do not established this, the lawsuit will not survive.  The new deposition was not scheduled.  The judge said that he would like to be available by phone at the next deposition to make decisions about what must be answered.

Anthony was found not guilty of murdering her daughter, but convicted of two counts of lying to law enforcement officers in a 2011 capital trial.  

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Zenaida Gonzalez’s attorneys Scott Shuker and Keith Mitnik have released Casey Anthony’s deposition taken in late-January despite an agreement not to do so.  It is my understanding that they accomplished this by attaching it to a Motion to Compel, in which they want the bankruptcy judge to force Casey Anthony to answer certain questions either her or her attorneys, Cheney Mason or David Schrader, objected to or asserted the Fifth Amendment for.  Most of the objectionable questions were asked about Caylee by Mr. Mitnik, despite the fact that Mr. Shuker made an agreement with Casey Anthony’s attorneys as a representative of Zenaida Gonzalez’s team of attorneys, that no questions pertaining to Caylee Anthony would be asked.

Zenaida Gonzalez’s attorneys have been criticized for what appears to be showboating due to the massive number of interviews some of Gonzalez’s attorneys and herself have made since 2008 and the language they used in these appearances including on HLN talking about “making” Casey Anthony tell everyone what “really” happened to her daughter, so that she couldn’t make any money.  Recently, Zenaida Gonzalez’s attorneys claimed that this is not about a show for the public, but instead about her being allegedly defamed and injured.  To prove this, they agreed to the aforementioned two agreements.

However, it seems as though Mr. Mitnik decided he suddenly didn’t agree with the agreement and released the deposition anyway.  To some people this could seem like a purposeful act to get this out into the public.  The document is even labeled “CONFIDENTIAL – FOR ATTORNEYS’ EYES ONLY”.

There is a hearing scheduled for March 4th on the Motion to Compel and on a yet to be filed Motion to Strike by Casey Anthony’s attorneys.

You can read the full deposition here —> Casey Anthony Deposition.

The federal bankruptcy judge ruled today that both Zenaida Gonzalez’s and Roy Kronk’s lawsuits can move forward in federal court.  Casey Anthony most likely now faces a deposition in the Gonzalez case.  Both sides agree that the deposition will not be published and the time and location will not be revealed.  U.S. Bankruptcy Judge K. Rodney May declined to dismiss the two lawsuits though he ordered Kronk to amend his complaint before it moves forward.

Anthony’s lawyers argued that Gonzalez’s claim is based upon one out-of-context remark Anthony made to her mother.  May ruled there was “disputed issues of fact” sufficient for further proceedings.  In the Kronk complaint, Anthony’s lawyers argued that Anthony cannot be held liable for what her attorneys say.  Kronk’s lawyer, Howard Marks, countered saying attorneys act upon their client’s behalf and consent.

Marks said, “The fact that Ms. Anthony didn’t state it doesn’t get her anywhere.”

May ordered Anthony’s lawyers, David Schrader and Debra Ferwerda to pay Gonzalez’s lawyer Scott Shuker $500 for not consulting him on the motion to block the deposition.  Shuker claimed the motion was a waste of time because he would have willingly met with Anthony’s attorneys about security issues.

“…I’m not interested in publicity,” Shuker said.  Following the last hearing, Shuker became irate after the judge adjourned the hearing.  He used expletive language and personal insults to express thoughts about opposing counsel.  Shuker was asked to leave the courtroom following his outburst.  After getting outside, he told reporters, “You were there” when asked why he was so upset.  Ferwerda and Schrader shrugged off the encounter saying, “it was the heat of the moment”, but admitted it was “startling” because there had never been problems before.

Schrader countered Shuker’s publicity argument pointing out that they “learned about the deposition in the newspaper,” after Matt Morgan, another Gonzalez lawyer, talked with the media about it instead of talking with them about concerns and logistics.  It is unclear if Casey Anthony will assert her Fifth Amendment rights during the deposition.  The decisions on whether the cases meet the “willful and malicious” defamation legal requirement will come sometime next year.