Justice in America by Cheney Mason

Author:Cheney Mason
Language: eng
Format: epub
Publisher: Titletown Publishing, LLC
Published: 2014-11-24T05:00:00+00:00

STATE OF FLORIDA,

CASE NO.: 48-2008-CF-0015606-O

DIVISION: 16

Plaintiff,

Hon. Stan Strickland

v.

CASEY MARIE ANTHONY,

Defendant.

DEFENDANT’S MOTION TO COMPEL PRODUCTION OF TAPE RECORDED STATEMENT OF JOE JORDAN

COMES NOW the Defendant, CASEY MARIE ANTHONY, by and through her undersigned attorneys, and moves this Court to enter its Order compelling the state of Florida, by and through its prosecuting authorities in this cause, to produce a certain tape recording of an interview with witness Joe Jordan to the defense, and as grounds therefore shows:

1. On December 9.2009 the prosecution in this case informed this Court that they were in possession of a tape which was surreptitiously made by Joe Jordan while he was being interviewed by defense investigator Mort Smith in the presence of Mr. Jordan’s lawyer, Mr. Kelly Sims. That interview took place on October 27. 2009.

2. At that time, the State asked to be relieved of their responsibility to turn that tape over to the defense, because it was taken in violation of Florida Statute 934.03.

3. Mr. Smith has reviewed the police interviews with Mr. Jordan, which occurred after his interview, and has determined that the statements to the police differ substantially from what was said in his lawyer’s office. See Affidavit of Mort Smith, attached.

4. Among other things, Mr. Jordan, in the presence of his attorney, Mr. Sims, revealed to defense investigator Smith that he. (Jordan), had personally searched the ground area where ultimately the remains of the victim. Caylee Anthony, were found, and that the area was dry in September of 2008. More importantly, Mr. Jordan confirms that during his search of that area there was no body there and no evidence of animal activity or other indications that the victim’s remains were in the place where subsequently they were alleged to have been found for the second time by Mr. Kronk.

5. Both Mr. Sims and Mr. Smith have declined to seek any prosecution of Mr. Jordan for the surreptitious recording and potential violations of Florida law. Accordingly, Mr. Jordan is not in legal jeopardy.

6. The “exculpatory nature” of this evidence should be obvious. The Defendant, at all potentially material times related to the discovery of her daughter’s remains, was in custody and, accordingly, could not have placed her daughter’s remains where they were located by Mr. Kronk. Eye witness testimony to the absence of such remains and in that location conclusively establishes that some other person than the Defendant had to have placed the child’s remains where they were found.

7. While there may technically be a violation of Florida Statute 934.03. since neither of the aggrieved parties desire prosecution, this Court can order the production of this tape recording as a clearly exculpatory statement. Any statute, such as 934.03, must give way to the Constitutional Rights of a person facing a criminal charge and the potential death sentence, which is being sought by the State. See for example Lee v. Kemna, 534 U.S. 362 (2002) and Davis v. Alaska, 415 U.S. 308 (1974)1.

8. This Court is simultaneously considering defense Motions to compel full disclosure of all search records from Equusearch.

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