[This article is by contributing writer Ivy Bigbee. She is a Washington, D.C.-based writer.]
ORLANDO, Fla. – Casey Anthony’s keeping mum during an Oct. 8 deposition in the Zenaida Gonzalez defamation case, her civil attorney says.
Anthony “will assert the Fifth Amendment” at the deposition, for which Judge Lisa Munyon also established certain security related conditions arising from death threats to the former murder defendant and even to one of her lawyers.
Sideshow or Truth-Seeking?
Having learned how far and to what degree sensationalism grew from the criminal trial, others are attempting to shape Anthony related litigation before the fact. Anthony civil attorney, Charles Green said, “I don’t want it to turn into a sideshow where people are playing for the cameras for it to be broadcast ... instead of searching for the truth.”
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Also related, in what appears to have been a long-range legal assist for Anthony to skirt any pre-trial depositions, the former cell phone and texting habitué may have the right to assert the Fifth Amendment during questioning. How is that possible?
Funny you should ask. After the murder trial, Casey Anthony’s lawyers announced that she is appealing the four guilty verdicts for lying to police during their investigation into Caylee’s disappearance.
To non-lawyers, only now does the criminal appeal acquire meaning. While appealing the conviction, Casey Anthony reportedly does not have to answer any questions that could come back to haunt her during the forthcoming Zenaida Gonzalez defamation suit, now in pre-trial hearings and meetings.
“There Will Be Many Battles.”
Referring to the civil action’s beginning in April or May 2012, Greene told reporters after the Sept. 1 case management conference that “There will be many battles and I’ll just say there’s a lot that’s going to happen before this case goes to trial, if it ever goes to trial.”
“Why Not Just Answer?”
Gonzalez’s counsel John Dill observed, “I think the answers themselves may speak volumes what [sic] she wants to answer. If all she wants to do is plead the Fifth, why not just answer my questions? How hard is that? If she wants to just be honest and tell us what really happened why not just answer? How hard is it?”
Gonzalez initiated the suit because she says she has had difficulty finding a job or place to live.
In structuring the deposition, imposing a two-hour time limit and allowing a video link-up from an undisclosed location; during the Sept. 1 conference, Judge Munyon seemed to take cues from both Judge Perry, who presided over the murder case, and from the Orange County Department of Corrections, which not only saw that Anthony remained in protective custody status during her incarceration, but is providing confidential supervision during Anthony’s year-long probation.
Judge Munyon also ruled that Anthony’s deposition will remain sealed for one month.
Even if Casey Anthony speaks not a word at the deposition, Jose Baez said his client “pretended she had a nanny” during opening remarks in the murder trial. In effect, the civil case could draw on what was established in the criminal trial.
But “draw on” does not always mean draw on what a lawyer said. Likely, however, statements lawyers make during opening remarks are not intended necessarily to be truthful, only possible, and therefore do not always answer to actual “truth-seeking.”
Two Versions of the Truth
An oft-repeated legal precept is that in a trial, two versions of the truth are presented. It is this abstract concept that the general public struggles to grasp.
Continuing Legal Saga
Next up in the continuing legal saga that has branded Casey Anthony is a lawsuit brought by the Orange County Sheriff’s Office, which is asking a judge to rule that Anthony must reimburse the OCSO for thousands of dollars spent in the search for Caylee.
Casey Anthony likely will remain in hiding -- not only will she be deposed at a remote location, she also is not expected at the Sept. 2 hearing to recover investigation costs.
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