Posts Tagged ‘Jose Baez’

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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Based upon the article:  CASEY ANTHONY:  SHE DIDN’T DO IT by Peter Golenbock

The prosecution’s case in the Casey Anthony trial was so weak that she was famously acquitted of the most serious charges she faced after the jury deliberated for about 11 hours.  A lot of people following the case were shocked, but that’s because what they saw on TV was unsubstantiated guesswork and fanatical deceit.  And it wasn’t just HLN and Nancy Grace, it was almost all of the news channels on TV, the Internet, newspapers, and most egregiously social media.  No wonder people were shocked; they believed in a fantasy case that the prosecution never had.  In the court of public opinion, the so-called journalists of our world, declared Casey Anthony guilty from day 1.  The prosecution was unable to win in court, and make no mistake, they knew this, so they courted the media and used it to create an industry of Casey-haters working to affirm her guilt in people’s minds, no matter the evidence.  If you can’t win in court, destroy the defendant’s public image, cross your fingers that will cause you to win, and ride it to the bank and even public office.  Maybe even a TV show for the judge.  This isn’t the first time that people have created a career on the back of a defendant and sadly, it won’t be the last.

PeterGolenbock2_0Peter Golenbock writes in his article about the details that were not introduced at trial and how in them lies a plausible explanation of Anthony’s innocence, her daughter’s death, and George Anthony’s role.  Golenbock co-wrote Presumed Guilty with Jose Baez, in which the scenario is written out.  People who refuse to even open their minds to being wrong denounce the book as lies without even cracking it open.  Golenbock writes in his article about going into the book a complete skeptic.  He had no preconceived notions of guilt or innocence.  He is now convinced that Casey Anthony didn’t do it.  Golenbock writes about the abuse allegations that so many off-handedly dismissed.  He writes that Casey Anthony wondered if her father could be Caylee’s father and that the FBI later had suspicions of incest and tested her brother and father.  The DNA tests later showed neither were the father.

When Caylee was born, photographs showed him in the delivery room on the receiving end of the child.  Dr. Weitz, one of the psychiatrists who examined Casey Anthony, thought this was odd behaviorCasey-Anthony-Caylee-Anthony-38 for the mother’s father.

With DNA results about to be released to the public, on January 22, 2009, George Anthony attempted suicide.  He left a suicide note that said in effect, “I’m sorry. Please tell Casey I love her,” Golenbock wrote.  Following Caylee Anthony’s birth, Golenbock writes that Casey was “mortally afraid” that her father may abuse her daughter like she claimed he did her.  Substantiated by evidence, we know that she always slept in the same bed as her daughter and showered with her daughter.  She locked her door at night and never let her daughter stay at home alone with her father. (more…)

The paperback version of Jose Baez’s “Presumed Guilty” went on sale Tuesday.   (Buy a copy here.)

cheney-mason-jose-baez-2011-7-3-11-1-8“It still amazes me that so many people remain so outraged at her acquittal,” Baez writes in a new afterword. “It tells me something very disturbing: some people would much rather see an innocent person go to jail than see a guilty person go free. Our laws are based on the premise that says, ‘May ten guilty people go free before one innocent person is convicted.’ That’s the ideal, but unfortunately our media-driven society apparently doesn’t feel that way. All you have to do is look at all the anger directed at Casey. They expressed deep outrage.”

Baez, who successfully defended Casey Anthony, writes that the jury system came out looking good.

“Those twelve jurors sat in the courtroom day after day, listened to the evidence, and quickly concluded what they should have concluded: Casey was not guilty.”

Jose Baez points out Chief Judge Belvin Perry Jr.’s mistake in releasing the names of the jurors to the rabid public, which comprised their safety and the integrity of future jurors who may fear backlash for a verdict regardless of evidence.

casey anthony verdict“These men and women hadn’t volunteered for the job — they were drafted,” Baez writes. “And after the verdict, they had to go into hiding to escape the vicious comments and death threats that came their way. It’s just another example of how broken our legal system is.”

“I vowed that I would do what I could to put the state’s evidence to the test, and I did. When it turned out the prosecution had no real evidence, the jury did the only thing it could do. It found Casey not guilty.”

Baez also mentions the scary prospect of public perception overcoming evidence, rights, and innocent until proven guilty:

“Public perception could have sent Casey Anthony to the death chamber. What saved her, of course, was the jury system: twelve citizens who listened to the evidence and weren’t swayed by the relentless drumbeat of false and phony media reports.”

Jose Baez also recounts a lunch he had with Linda Drane Burdick, the lead prosecutor on the case.  They discussed the case extensively together several months after the verdict. (more…)