A hearing in the civil suit against Casey Anthony filed by Zenaida Fernandez Gonzalez never made it into a courtroom Tuesday but there were still fireworks.
Morgan and Morgan, the firm representing Gonzalez, wants to depose Casey Anthony and Anthony’s legal team wants to stop it.
Judge Jose Rodriguez put attorneys on both sides in their place saying the personal attack would not be tolerated and that the filing for Tuesday’s hearing was inappropriate and that it’s a matter that needs to be addressed and argued in a formal courtroom. Stuffed in a small conference room Judge Jose Rodriguez quickly made it known to both Casey Anthony and Zenaida Fernandez Gonzalez' attorney that this was not the place or the time for this type of hearing.
“I do not appreciate this done on the second day I take over the civil division.”And Judge Rodriguez made it clear he does not appreciate the jabs being made toward opposing council in court documents.
"Focus on the law...not on personal factors.” The judge ordered that the two sides will hold an official hearing on Thursday morning to argue whether or not Gonzales lawyer, Keith Mitnik, should be able to take sworn statements and ask questions of Casey Anthony before her murder case is tried.
“We need to clear her (Gonzales) name as soon as we can. Delay means more time with her reputation,” said Mitnik. Gonzales alleges Casey Anthony destroyed her good name when she said a nanny by the same name kidnapped her child.The defense has been arguing that this Zenaida is the wrong one.
They claim the Zenaida who kidnapped Caylee is 24 years old.“We hope that Judge Rodriguez acknowledges Ms. Anthony does have her 5th amendment right to remain silent even though it’s a civil matter. If it does incriminate her in a criminal procedure then she should not have to testify under oath,” said defense attorney Jose Garcia.
Which brings up another argument that Judge Rodriguez will have to settle. “She filed a counter claim back against our client against Ms. Gonzalez. She can't under oath do that and use the 5th amendment. It’s called sword and shield. You cannot use shield of the 5th amendment and use the sword in civil litigation when you're bringing an action yourself,” said Mitnik.
Judge Rodriguez will hear from Zenaida Fernandez Gonzalez's attorney and Casey Anthony's in his courtroom at 11:00 a.m. Thursday.
As things stand now, Casey Anthony is scheduled for depositions with Gonzalez's attorney Monday at 10 a.m.
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