UPDATE: 8-15-2011
Casey Anthony will appeal probation order, attorney says
August 15, 2011 10:31 a.m. EDT
STORY HIGHLIGHTS
- Casey Anthony's attorneys will appear probation order
- Judge Belvin Perry ordered Anthony to serve one year's probation
- The sentence stems from a prior check-fraud case
- Anthony was acquited last month of murder in the death of her daughter
(CNN) -- Casey Anthony's attorneys will appeal the order that she must serve one year of supervised probation on a check-fraud conviction, her lead attorney confirmed Monday.
Orange County Chief Judge Belvin Perry Jr. ruled Friday that Anthony has to report to a state Department of Corrections facility in Orlando no later than noon on August 26.
Anthony, who was acquitted in July of murder charges in the 2008 death of her 2-year-old daughter, Caylee, had previously been convicted of felony check fraud for stealing a checkbook from a friend and writing five checks for $644.25.
Orange County Superior Court Judge Stan Strickland ordered Anthony to serve the year of probation following her release in the charges involving her daughter, but a clerk misunderstood the judge and prepared an order that the judge later signed instructing that Anthony would serve the probation while in custody awaiting trial.
The order was updated on Aug. 1 adding the words "upon release."
Anthony's attorneys contend she cannot be made to serve probation if she served it while in custody under a signed order from Strickland, saying it would violate constitutional protections against having to serve a sentence twice for the same offense.
The motion, filed by attorney J. Cheney Mason, calls the amended documents "a fraudulently filed product of a previously disqualified judge."
Strickland presided over Anthony's murder case until April 2010, when he pulled out of the case after the defense accused him of being a "self-aggrandizing media hound" who was biased against her.
Perry said Strickland's verbal order was binding, and that "to bar the court from correcting a clerical mistake and to permit the defendant to serve probation in jail while awaiting trial on a totally unrelated charge without any possibility of complying with the terms of the probation order would clearly thwart society's interest in extracting a full, fair and just punishment for a crime."
He said ordering Anthony to serve probation on the check-fraud case does not violate double jeopardy, since the check fraud crimes that Anthony was convicted of and those she was acquitted of are distinct. He also said Anthony couldn't have complied with the probation terms while in jail.
Anthony's probation order requires her to live in Orange County unless the probation office allows her to leave. She has received no such approval, a corrections department spokeswoman has said.
*************end update*************
Casey Anthony Told to Go Back to Florida
Posted by DaveWade
Aug 13th, 2011
Casey Anthony was ordered to return to Orlando within the next two weeks to start her year of probation for a check-fraud conviction. A Florida Judge issued the ruling last Friday even if the Probation Department said that she already completed the requirement.
Chief Judge Belvin Perry said that Anthony’s earlier period of supervision by the Probation Department was not real probation because it was made while she was already in jail. He added that it would be a mockery of justice if she doesn’t serve her probation.This ruling would disrupt Anthony’s attempt to keep a low profile since she was acquitted last month on charges that she killed her daughter Caylee. The result was not well received by those who followed the case since Caylee’s disappearance three years ago. Anthony said she received a lot of threats and has been living in an unknown location.
Judge Perry said that Anthony has until noon of August 26 to present herself to the Probation Department in Orlando. Her year of supervision will start the day she would report to the agency. The judge told the Probation Department to keep her personal data confidential in response to the threats she received.
Attorney for George and Cindy Anthony statement: Casey not coming home
Charisse Van Horn
August 13, 2011
On August 12, 2011, attorney for George and Cindy Anthony, Mark Lippman, released a statement following Judge Perry’s probation order that would see Casey Anthony return to Florida by noon, August 26, 2011 to serve probation. Lippman made it clear that George and Cindy Anthony have not spoken with their daughter, do not know where she is and have no plans for her to return to the home she shared with her parents and daughter, Caylee. Additionally, Lippman doubts that Casey Anthony would live in Florida and serve her probation in Orange County, but rather her case would be transferred out of state.
Lippman issued the statement out of concern as he says that the speculation that Anthony may have returned to her parent’s house has led to a “possibility of a new wave of people going to his clients’ home to see if they can catch a glimpse of Casey Anthony.”
The statement issues three points. They are as follows:
1. Casey Anthony will not be returning to her home because of the probation order.2. No arrangements have been coordinated with the defense attorneys currently representing Casey Anthony to have her return home due to the probation.
3. The Office of Probation has not contacted me or George and Cindy Anthony regarding any type of verification of the home address for the probation.
Furthermore, as Casey Anthony is already believed to be living out of state, Lippman theorizes her attorneys would accompany her to Orlando where she would register for probation then her case would be transferred out of the state. He says it is possible she could do her monthly “check ins” via telephone or with an out of state probation officer.
His statement concluded, “Regardless of what happens, George and Cindy Anthony do not have any idea where Casey Anthony currently is or where she will be living while she is on probation.”
Casey Anthony Should be Left Alone in Her New Home
Posted by Sasha Brown-Worshamon August 13, 2011
Casey Anthony has been laying low since her acquittal on first degree murder for Caylee Anthony's death last month, but things are about to change for her. She has been ordered to report back to Orlando to serve probation for one year on forging checks and now things are going to get ugly.
Anthony has been in hiding for good reason. Half the world it seems wants the once young and single mom dead. Most people feel she got away with murder. And although, the judge who ordered her back to Florida is allowing her an exception to the rule that she must disclose her address, she is probably still in danger. Anthony has to report to a state Department of Corrections facility in Orlando no later than noon on August 26.
The night she was released from prison, people chanted "Caylee, Caylee", they carried signs asking for Anthony to burn in hell and some called for a boycott of anything the Anthonys do post-trial. Many others threatened her life.
It makes sense. Many feel Anthony got away with murdering an innocent little girl. They think she is a liar and that she murdered Caylee Anthony so she could party it up and get tattoos celebrating her "beautiful life" of freedom to drink and have sex with random men.
They may be right. She may have gotten away with something. But they may also be wrong. Consider for a moment that 12 jurors found her not guilty. Isn't it possible that they know something we don't? Isn't it possible that the prosecution failed because she was, in fact, NOT guilty?
It may not be likely. But it is possible. There was enough reasonable doubt that getting her on first-degree murder was impossible. Whether you believe she is lying or not, the jury did the right thing. And now is not the time for vigilante justice.
At least this is some punishment. It may not fit the crime we think she committed, but what really would? Under the terms of her probation, Anthony must check in with her probation office once a month and answer all questions. She cannot violate "any law" and is not allowed to drink to excess and will be given regular breath, urine and blood tests to assess how much alcohol and controlled substances are in her body.
She may also be prohibited from visiting bars and places where drinks are sold. At least this is something, right?Anthony could be innocent. It is highly improbable and even the best case scenario is that she covered up her daughter's accidental death and lied for months, thus making her a pretty hideous person. But the fact is, anyone who would kill her or hurt her would be guilty of murder. Who made some vigilante the judge, jury and executioner?
We can be angry. We can say it is unfair and justice was not served for Caylee. All of that would be true. But no one can harm Casey Anthony. And if they do, they are just as guilty as they seem to think she is.
Do you think Anthony will be safe in Florida?
http://thestir.cafemom.com/in_the_news/124501/casey_anthony_should_be_left
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