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Old 07-14-2011, 04:34 AM
 
25,921 posts, read 39,224,403 times
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Quote:
Originally Posted by annerk View Post
First of all, anything Baez said in court can't be used against Casey in the civil trial. That's why the Equisearch cause of action is possibly flawed and without a prima facia case.

Anything Baez said on her behave can't be used as "slender or defamation of character" but it can be used against her since that is what they have stated happened.

He clearly stated she lied about everything. It is on many tapes that she blames Zanaida Gonzalez and she knew the media was there and enjoyed it...if all that time her daughter drowned than she clearly wrongly damaged ANY person by that name, since hundreds of people were looking for Caylee and/or Zanaida.....

Jasper is right if she claims the 5th...it doesn't matter but I assume she will do that and it will give Morgan & Morgan more leverage than if she would say "it was not her", but she will get some tough questions so I think they will settle out of court.

Baez and Mason by now probably know that they haven't won the lottery with this case.
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Old 07-14-2011, 05:17 AM
 
Location: US
3,092 posts, read 3,456,106 times
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This woman may have been a fictional person in Anthony's mind, but the real Zenida Gonzalez lost her job and suffered because she just happened to have the same name as the fictional person made up by Anthony. Her name is exactly the same name as the person made up by Anthony. Point the finger in the right direction--directly at Anthony for her consistent lying.

Quote:
Originally Posted by 30STM View Post
He was court appointed and she now owes 90 for his services .

Zannie was a fictional person CA made up and some woman with a name close to it is trying to make some money off of this case.
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Old 07-14-2011, 05:56 AM
 
26,590 posts, read 54,658,121 times
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Quote:
Originally Posted by E E View Post
Regardless of whether Zenaida gets a cent out of this, I think it is good she is pursuing the matter. At a bare minimum, Casey needs to have some consequence from her tendency to spin stories about people. So just the fact that she is facing a civil trial is better than nothing.
I couldn't agree more. Morgan and Morgan has very deep pockets and the media attention is priceless to them, so I see them pursuing this for a long time, even if they know they can't get much out of it for their client. They are still "winning" by getting the equivelent of millions in free advertising. I expect Casey will have to spend over $50K of her own money defending herself--there are no public defenders in civil suits.
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Old 07-14-2011, 06:30 AM
 
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Quote:
Originally Posted by bentlebee View Post
Anything Baez said on her behave can't be used as "slender or defamation of character" but it can be used against her since that is what they have stated happened.
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He clearly stated she lied about everything. It is on many tapes that she blames Zanaida Gonzalez and she knew the media was there and enjoyed it...if all that time her daughter drowned than she clearly wrongly damaged ANY person by that name, since hundreds of people were looking for Caylee and/or Zanaida.....
Opening statements are not admission of facts. Cherny v. Fuestes, 649 N.E.2d 519, 525 (App. Ct. Ill. 1995)

Quote:
Jasper is right if she claims the 5th...it doesn't matter but I assume she will do that and it will give Morgan & Morgan more leverage than if she would say "it was not her", but she will get some tough questions so I think they will settle out of court.

Baez and Mason by now probably know that they haven't won the lottery with this case.
I'm not sure that she can claim the 5th. Due to double jeopadry rules, they can't retry her on the same charges, and she's already been convicted and serverd her time for lying to the police. You can't just claim the 5th beecause you don't want to testify, you can only do so when your testimony would incriminate you. She's already been found not guilty.

I think that she will be compelled to answer the questions or face contempt charges--which would mean going back to jail.

I do agree that they will likely settle out of court with court ordered pre-trial mediation. I can't imagine that any judge in Orlando wants that circus in his or her courtroom.

That said, I don't think Zenaida is going to be able to prove enough financial damage to hit a pot of gold. As I previously stated, she needs to be able to prove her damages and that she attempted without success to mitigate them. The burden of proof is on her. You can sue and win, but that doesn't mean you'll be awarded a cent if you haven't proven your damages. Winning the case and actually being awarded compensation are two different things in civil court.

Even if she can prove she lost her job as a result of Casey, she'd better also be able to prove she couldn't find another for the same reason. Otherwise I doubt she'd get more than maybe a years wages--which for a housecleaner is probably $20-25K.

And again, she can claim mental anguish all she wants, but if she wasn't undr the care of a doctor or therapist who will testify that she needed treatment due to being "traumatized" as a result of Casey's actions, she hasn't proven any real damages and isn't likely to get an award that hits over four digits.

If she was under a doctors care, and the doctor testifies that she was "taumatized" due to Casey's actions, then at that point I see her getting between $50 and $100K for mental anguish, although that might be reduced significantly because as soon as she started to do media interviews, she put herself out there.
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Old 07-14-2011, 07:25 AM
 
25,921 posts, read 39,224,403 times
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Quote:
Originally Posted by annerk View Post
Opening statements are not admission of facts. Cherny v. Fuestes, 649 N.E.2d 519, 525 (App. Ct. Ill. 1995)



I'm not sure that she can claim the 5th. Due to double jeopadry rules, they can't retry her on the same charges, and she's already been convicted and serverd her time for lying to the police. You can't just claim the 5th beecause you don't want to testify, you can only do so when your testimony would incriminate you. She's already been found not guilty.

I think that she will be compelled to answer the questions or face contempt charges--which would mean going back to jail.

I do agree that they will likely settle out of court with court ordered pre-trial mediation. I can't imagine that any judge in Orlando wants that circus in his or her courtroom.

That said, I don't think Zenaida is going to be able to prove enough financial damage to hit a pot of gold. As I previously stated, she needs to be able to prove her damages and that she attempted without success to mitigate them. The burden of proof is on her. You can sue and win, but that doesn't mean you'll be awarded a cent if you haven't proven your damages. Winning the case and actually being awarded compensation are two different things in civil court.

Even if she can prove she lost her job as a result of Casey, she'd better also be able to prove she couldn't find another for the same reason. Otherwise I doubt she'd get more than maybe a years wages--which for a housecleaner is probably $20-25K.

And again, she can claim mental anguish all she wants, but if she wasn't undr the care of a doctor or therapist who will testify that she needed treatment due to being "traumatized" as a result of Casey's actions, she hasn't proven any real damages and isn't likely to get an award that hits over four digits.

If she was under a doctors care, and the doctor testifies that she was "taumatized" due to Casey's actions, then at that point I see her getting between $50 and $100K for mental anguish, although that might be reduced significantly because as soon as she started to do media interviews, she put herself out there.
She couldn't get a job since her name was all over the news, that is an easy one. If a case doesn't qualify for mental anguish and that she traumatized when she and her family got threats...than nobody ever get something.

This case was all over the news and Casey could have ended it if she had stopped lying to everybody. She kept going about the apartment complex where the real Zenaida had filled out the application...what a coincidence...

But we will see, I don't think it will be handled in court but settled. It will only jeapardize Baez and Mason's deals if this is going to be dragged out.
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Old 07-14-2011, 07:45 AM
 
26,590 posts, read 54,658,121 times
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Quote:
Originally Posted by bentlebee View Post
She couldn't get a job since her name was all over the news, that is an easy one.
Saying so and PROVING it are two different things. She will need to get companies she applied for jobs with to testify specifically that they wouldn't hire her because of her name. If she can't do that, she can't PROVE that she couldn't get a job because of Casey. The burden of proof is on the plaintiff. Period.

Edited to add: Even if she can get companies to testify that they wouldn't hire her because of her name, she will still only be entitled to receive the amount she could have expected to make. She wasn't a highly paid professional who might have been making six figures a year, she was a cleaning crew supervisor who most likely made $25K a year or less. She would only be awarded damges for that cause of action for the period she was unemployed, adn would have to show that she has continually made efforts to find employment and that she continued to not be hired because of her name if she still isn't working.

You have an obligation to mitigate your damages in civil court. It's no different than not telling your landlord that you can't shut off the water in your sink and then trying to sue because your apartment flooded and damaged your property.

Quote:
If a case doesn't qualify for mental anguish and that she traumatized when she and her family got threats...than nobody ever get something.
Again she'll have to PROVE the threats. I'm not saying that she's lying, but I am saying the burden of PROOF is on her. To get any substantial payout for mental anguish she'll need to prove she was under a professionals care for that cause of action. The fact that she paraded herself around doing media interviews is going to significantly hurt her case.

Quote:
This case was all over the news and Casey could have ended it if she had stopped lying to everybody. She kept going about the apartment complex where the real Zenaida had filled out the application...what a coincidence...

But we will see, I don't think it will be handled in court but settled. It will only jeapardize Baez and Mason's deals if this is going to be dragged out.
Again, I'm not saying Casey is innocent by any means, I'm not saying Zenaida is lying. I am saying that she needs to PROVE, not just say, her damages.

I agree I doubt it will see a courtroom, but there will be a deposition, and those are taken under oath.

Last edited by annerk; 07-14-2011 at 07:56 AM..
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Old 07-14-2011, 08:29 AM
 
3,173 posts, read 3,081,104 times
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I am wondering if Casey has covered herself on this one.
Remember in the jailhouse video?
She said her MIDDLE name is Fernandez.
I am not sure but do not think that is Zaneida's middle name.
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Old 07-14-2011, 08:33 AM
 
3,173 posts, read 3,081,104 times
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Quote:
Originally Posted by SUPERCHIC View Post
What does
'ahve' and 'priving' mean? Never heard of those words
They are definitions for "typing fast".
Now have you heard of them???
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Old 07-14-2011, 08:37 AM
 
26,590 posts, read 54,658,121 times
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Quote:
Originally Posted by mag32gie View Post
I am wondering if Casey has covered herself on this one.
Remember in the jailhouse video?
She said her MIDDLE name is Fernandez.
I am not sure but do not think that is Zaneida's middle name.
I don't think that's going to make any difference. With the apartment complex sign-in sheet as the evidence of how their paths crossed, I think the "reasonable man standard" is proven. Casey might have missed the hyphen between the names, or Zenaida might have simply not put it there. Either way, it's semantics that I don't see making any difference.
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Old 07-14-2011, 09:07 AM
 
1,228 posts, read 1,577,544 times
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Quote:
Originally Posted by mag32gie View Post
They are definitions for "typing fast".
Now have you heard of them???
was I asking you? NO! Unless you are that person and using more then one account to post. Reason why I asked the poster who made them is because that person likes to start fights an harass others who make typing errors.
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