Lawyer Florida Anthony
August 4, 2011 by USA Post
Lawyer Florida Anthony, Casey Anthony’s attorneys are fighting a court order that required him to return to Florida and serve one year probation stemming from a conviction for check fraud, arguing, among other things, that the return was “in grave danger. ”
However, authorities believe that Anthony is reported to Orange County, Florida, the probation office for 10 am Thursday, when necessary, Gretl Plessinger, a Corrections Department spokesman, told reporters Wednesday.
Meanwhile, Judge Stan Strickland – who signed the amended documents Monday ordered the return of Anthony – excused himself from the matter Wednesday, transferring it to the Orange County Chief Judge Belvin Perry Jr., who presided over the trial for the murder of Anthony.
Documents signed by Strickland were modified after apparent confusion.
Anthony pleaded guilty in January 2010 to charges of felony check fraud, admitted that he stole a checkbook from her friend Amy Huizenga and wrote five checks totaling and 644.25. At that point, defense attorney Jose Baez asked that Anthony will be given credit for time served and will be tested.
Strickland, apparently intended for the probation to begin after the release of Antonio custody, Randy Means, spokesman for the Orange County Office of State Attorney, said this week. However, the order signed by Strickland at the time seemed to indicate that he would run while she was in custody on charges of murder in 2008 death of her daughter, Caylee.
A jury acquitted Antonio charges in the death of Caylee. The 25-year-old Orlando was released from prison on 17 July. His whereabouts since then have been unknown.
Means that prosecutors were surprised to receive a letter from the probation office indicating Antonio probation is completed.
He said there was a miscommunication between what Strickland said in the statement and that the clerk understood. The employee thought that freedom and the time of Anthony in custody were run simultaneously.
The documents have been changed from Monday to add the words “once free,” the documents sentence Antonio, according to the Orlando Sentinel.
In an emergency motion filed Tuesday, the Anthony defense team says it can not serve as evidence again when she has already served in jail, saying it violates the double jeopardy clause of the Fifth Amendment and Anthony’s right to due process. The motion, filed by attorney J. Cheney Mason, called the amended documents “of a product presented by fraud of a previously disqualified judge.”
Strickland had been presiding over the murder of Anthony until April 2010 when he apologized after the defense accused him of being a “self-aggrandizement dog media”, which was biased against her. Perry took over and remained in that position throughout the trial.
In the motion filed Tuesday, says Mason Strickland, in an appearance on HLN “Grace Nancy” expressed “shock” the acquittal of Antonio, and criticized the jury verdicts in an appearance on CNN affiliate WESH.
“Such unbridled prejudice by a judge questioned the validity of the statements made after the challenge,” wrote Mason.
If Anthony must serve probation, the motion says, calls for “administrative probation” – a non-contact form of supervision, according to the Department of Corrections website, in which an offender is low risk the public can be served half the term of regular probation, are not required to report regularly to a parole officer. Regular checks of registration is to ensure that the person has not violated probation, the website says.
The request is made, Mason wrote, because “the requirement that (Anthony) relocate to Orange County (s) to their great danger, and to impose (s) a significant cost to taxpayers to ensure their safety.” Anthony has received several threats against, the motion says.
Plessinger, told reporters that Anthony would be necessary to meet the usual conditions of parole – it should have a job and a direction, and would have to ask permission for any movement outside the area. Security is not under probation, Plessinger said. Anthony would be required to pay “a certain amount” for her supervision, Plessinger said. “If we are told that he is indigent, we will have to look at that.”
“Our goal is to try (Anthony) as any other period, which are monitored in the state of Florida,” he said.
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