Posts Tagged ‘do anthony civil suits have merit’

Zenaida Gonzalez’s attorneys planned to depose Casey Anthony on Wednesday, but her attorneys have asked the federal judge in the bankruptcy case to prevent her from having to answer questions until at least after he rules on pending dismissal motions in November.

Referring to Gonzalez as a “principal orchestrator of the media circus,” her lawyers write that Gonzalez’s claim lacks merit, and the deposition was scheduled inappropriately without their consultation or notice.

“Gonzalez has used a lawsuit…as a platform for publicity and other purposes ulterior to and detrimental to the judicial process,” the motion states, she is on a “quest for publicity”.

The motion goes on to say that, if the deposition is allowed to proceed, Anthony will decline to answer questions and plead the Fifth Amendment.  Also in the motion, Anthony’s lawyers ask if Judge May is going to allow the deposition to move forward if Casey Anthony can appear via video instead of in person.  They have also asked that the deposition be sealed from the public and the media, and that Anthony shouldn’t have to disclose certain personal information, such as where she is living.

Gonzalez’s attorney, Matt Morgan, claimed when he scheduled the deposition that Casey Anthony couldn’t plead the Fifth Amendment because her criminal appeals were resolved.

David Schrader, Anthony’s attorney, also stated that she was already deposed in the state court,

“Although Gonzalez’ counsel has repeatedly told the press and others that his goal in this case is to ‘break Ms. Anthony’s story,’ he will not do so and should not be allowed to put Ms. Anthony through another argumentative and abusive proceeding…” Schrader said.

Casey Anthony told detectives in 2008 that she had a babysitter for 2 years named Zenaida Fernandez Gonzalez and she kidnapped her missing daughter.  Gonzalez claims that those statements defamed her and that she should be considered a creditor in the bankruptcy.

In an email to the media, Morgan stated, “We know she doesn’t want to answer, that doesn’t mean she shouldn’t have to.”

RELATED:  Casey Anthony’s Lawyers Ask Judge to Dismiss Claims Against Her

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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.