Friday, August 12, 2011

Casey must be back in Orlando by Aug. 26!

Casey Anthony WILL SERVE  probation for one year for her check-fraud convictions, and has to report to the Department of Corrections no later than Aug. 26,  Judge Belvin Perry ruled today.Casey's address can remain confidential because of safety concerns.

Perry heard arguments last week from Anthony's defense team, who said she already served probation and shouldn't have to serve it again.
In his order, Perry said it is clear Anthony's probation was to start once she was released from jail. He said Strickland had the ability to correct what amounted to a clerical error.
Perry said there was no double jeopardy issue because Casey couldn't comply with the standard 13 conditions of probation while she was in jail.
"To permit the Defendant, whose counsel was well aware that the probation was to begin upon the Defendant's release from jail, to avoid serving probation now, would take a lawfully imposed sentence and make it a mockery of justice," he wrote. "This would allow a defendant to take advantage of a scrivener's error and be rewarded. This is not the message the courts want to send to the public or defendants."
During last week's hearing, he asked the defense if they knew about the probation being served in jail. Defense attorney Lisabeth Fryer admitted that they did, but said it wasn't the defense's burden to notify the court about it.
Perry took up that issue in his order as well, stating that attorneys have "a duty of candor."
"While ignorance of the contents of a court order is one thing, the failure to abide by that order and the failure to notify the court of a known scrivener's error in the order may be a violation of an attorney's duty of candor," Perry wrote. "To additionally seek to use a scrivener's error to achieve an end that was against the court's intent, especially where both parties had argued the issue of when probation should commence, strikes at the very foundation of our justice system."
Perry continued, "No attorney should conduct himself or herself in a way that impedes an order of the court.…Our system of justice should never be in the position of rewarding someone who willfully hides the ball."
Perry included a portion of the Florida Bar's rules of professional conduct in his order.
"It is very clear that the Defendant and her attorney knew she was to start her probation upon release from the Orange County Jail. Despite this fact, they took advantage of a scrivener's error which start the probation while she was being held in the jail pending trial. The defense should not be able to claim that they are now harmed by having the Defendant serve probation at this time."

Perry noted in his order that Anthony's safety is a concern, and referenced an Orlando Sentinel article about a poll that referred to Anthony as America's most-hated person.
"This Court is very mindful that it is a high probability that there are many that would like to see physical harm visited upon the Defendant."
Perry ordered Anthony to report to the Department of Corrections no later than 12 p.m. Aug. 26, but she could report earlier. Her probation will begin the day she reports.

Wow! I wonder if Baez or anyone else from the defense were prepared for this ruling! I wonder if anybody out there needs a nanny or sitter!
Seriously though, who is going to hire her. Maybe a strip bar. That's probably the only thing she will be able to do. Doubtful she will find any Walmart to hire her.

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