Judge Belvin Perry Grants Casey Anthony A Stay Until Friday Regarding Probation

 Casey Anthony Probation Circus:  Judge Perry Stays; Judge Strickland's Recuse..Again

Judge Belvin Perry stayed an order on Wednesday that would have required Casey Anthony to return to Orange County to serve probation.

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READ: Order Staying Amended Probation Order
 

READ: Judge's Order Of Recusal

READ: 2011 Order To Appear | Judge Strickland's 2010 Order 
             Note Strickland's 2010 Order :  Nunc Pro Tunc 1/25/10 

DOCUMENT: Motion For Emergency Hearing


VIDEO REPORT: Judge Stays Probation Order

RAW VIDEO: Corrections Dept. Presser On Casey Status

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Chief Judge Belvin Perry said in his stay that even the defense admits Circuit Judge Stan Strickland wanted Casey to serve her probation after she left jail, but Strickland's written order didn’t say that, specifically.

The defense says Casey Anthony is a walking target and included an image of her with the words “Keep Smiling Bitch,” in its effort to get her out of serving one year of probation a second time now that she’s out of jail.

Baez said there were threats against Anthony because of her acquittal and Orange County would have to provide security if she was forced to return. To back up that claim, Anthony's attorneys included a flyer in their motion that showed a doctored photo of Anthony with a bullet mark on her forehead. Text underneath the photo reads, "Keep Smiling Bitch. With a forehead that big, the headshot will be easier."

Baez did not say where Casey was located, only that she was not in Florida when the judge's order was signed Monday.

Casey will have her day in court over this issue Friday -- without having to be there,-- and without having to report for probation in Orlando by Thursday at 10 a.m.

A Department of Corrections (DOC) spokesperson said on Wednesday that they were ready to hold her accountable to find a job, and to make sure she told the truth.


The DOC also said it would not keep her address confidential unless there was a credible threat against her.

Also on Wednesday Circuit Judge Stan Strickland recused himself from the check fraud case, as he had from the murder case. This recuse came after the defense made accusations that he made prejudicial comments on national television about the jury finding Casey not guilty of murder.

“I’ve just never seen one like this, and the magnitude of it sort of surprises me. I guess I’m just shocked. We opened a big can of justice didn’t we,” Strickland said on television following the July verdict.

Wednesday one of Casey’s attorneys said he wants clarification on the probation issue.

“The whole thing is very confusing, and we’re trying our very best to clarify it. We want to take the proper legal steps to do so,” said Casey attorney Jose Baez.

But the defense and Casey knew back in January of 2010 that the judge wanted her probation to start after she left jail and even though the probation officers visited her at the jail and her probation started and finished at the jail, they never said a word.

In a news conference earlier Wednesday, a Department of Corrections spokeswoman said Casey Anthony is expected to check in before 10 a.m. on Thursday, but Judge Belvin Perry signed an order late Wednesday that delays Anthony's return to Orange County.


A hearing on a defense motion that objects to the probation order has been scheduled for 9 a.m. Friday. Anthony will not be present.

The DOC news conference was held just moments after Judge Stan Strickland removed himself from the case. The department said Strickland stepping down does not affect the probation.



some content: wftv.com

Casey Anthony Probation Order: Judge Strickland To Sign Clarification Paperwork Monday

Possibility Casey Anthony To Serve One Year Supervised Probation Is Likely

WATCH SENTENCING VIDEO BELOW--


Casey Anthony reportedly toasted to her freedom with an ice cold Corona and a slushie -- while stepping off a private plane -- within hours of her release from jail on July 17.

On August 1, Casey's freedom may be slightly amended--at least for a year.

Casey Anthony could be ordered to return to Orange County to serve a year of supervised probation after all.

It's a very real possibility that Anthony could be forced out of hiding.

In another twist Friday afternoon, the Department of Corrections told WESH 2 News that if Judge Stan Strickland were to issue an order clarifying his original intent, it would begin proceedings to supervise Anthony's probation.

That would mean Anthony would return to Orange County, where she would be put into the probation system.

"This is one of those cases that's never going to be over," said retired Judge O.H. Eaton Jr. "The intent was she be placed on probation. The Department of Corrections will take action to obtain her, so they can supervise her. It's like an electric light: on or off. You're on probation or you aren't."

Just before noon Friday, a spokesman for the state attorney's office told WESH 2 News it would not challenge Anthony's probation status.

Before that, the state attorney's office said it was in discussions on whether to ask Judge Belvin Perry to reconsider whether Anthony should be serving probation.

Anthony pleaded guilty in January 2010 to 13 counts in a check fraud case.

Strickland sentenced her to $5,517.75 in court costs and also ordered her to serve a year of probation in Orange County upon her release from jail.

Judge Strickland: "On counts 5, 8, and 11, I am ordering a withhold followed by 1 year supervised probation after release."

A special condition was also attached that included one year of no personal contact with Amy Huizenga as well as re-payment of costs.

Watch Sentencing:


Casey Anthony Check Fraud Hearing on 1/25/10
Judge Strickland's Sentencing: (part 1: begins with sentencing only)




part 2:

Frank George along with Jeff Ashton raises the possibility of "indefinite probation" with this sentencing-- along with Judge Strickland's final comments on sentencing until 4:00 min mark. After 4:00 min mark--there is only discussion of depositions pertaining to the criminal case.





That probation sentence has not been invoked as of yet.

After Anthony's acquittal on murder and manslaughter charges, the conditions of her probation were apparently misinterpreted by the Department of Corrections, paving the way for Anthony's release.


Since she was released from jail, her whereabouts have been unknown.

The state attorney's office spokesman said the Department of Corrections policy allows defendants to serve probation while still in jail and not under sentence.

"I read the order," said state attorney's spokesman Randy Means. "The order said she was supposed to begin when she was released from her sentence."

Strickland's office told WESH 2 News on Friday afternoon that it was his intent that Anthony serve a year of probation after her release from jail.

Officials with the Orange County clerk's office told WESH they are processing the paperwork to amend Anthony's probation status. Strickland is expected to sign the clarification order Monday.

The order then goes to the Department of Corrections, which will begin the process of setting up supervised probation.

"There's nothing illegal about it," said defense attorney Richard Hornsby. "You were supposed to be on probation. You better report to probation within a few hours of this order coming down."

Eaton said Anthony's attorneys can ask the Department of Corrections to allow her to serve probation in another county or even in another state.

"There's no real reason to think she's going to flee probation on a bad check case," Eaton said.

The rumor mill that has Casey entering "treatment for mental health issues" could also be another 'ploy' in which to delay this sentence further.

If Casey is in treatment, her appearance could be waived for any court hearings. Her return to Orlando, as well as the start of her probation could also be delayed by her treatment program.

We will learn Monday if Casey will serve her supervised probation in Orlando and whether her "treatment" is just another diversion tactic by Baez and Company.

Casey Anthony Should Legally Be Serving Probation In Orange County

Acquitted mom was supposed to serve a year's probation on check-fraud case after her release from jail

While much of the broadcast and tabloid world speculates daily on Casey Anthony's whereabouts, court records show that, legally, Casey Anthony should be in Orange County, serving out her sentence of one year probation.

When Circuit Judge Stan Strickland sentenced Anthony on check fraud and related charges in early 2010, he intended for her to serve a one-year probation sentence after her release from jail.

His intent is apparent from video and a printed transcript from the Jan. 25, 2010 sentencing. That is how Strickland today says his sentence should have been interpreted.

"I have reviewed my sentencing transcript and she was to begin her probation sentencing once released," Strickland said Thursday.

Among many other restrictions, that probation would have confined Anthony to Orange County, unless she received approval by her probation officer to leave her home jurisdiction.

Officials with the state Department of Corrections were confused by Strickland's sentence, however. They contacted the Orange-Osceola State Attorney's Office and were told the probation sentence should be applied during her time in jail, according to DOC spokeswoman Gretl Plessinger.

According to the DOC, Anthony's probation was terminated on Jan. 24 — exactly one year after Strickland's sentence — while she was in jail awaiting trial in the death of her daughter Caylee Marie.

Anthony, 25, was acquitted earlier this month of the most serious charges against her, including first-degree murder. She was found guilty of four misdemeanor counts of lying to law enforcement. Early on July 17, she was released from the Orange County Jail with no restrictions whatsoever.

The handling of her probation in the check-fraud case underscores how the system largely ignored her actual sentence in that case. This is perhaps due to the mistaken assumption by many that Anthony likely would receive a lengthy prison sentence on the very serious charges she faced.

A printed transcript from the January 2010 sentencing clearly shows that Strickland intended for Anthony to be on strict probation conditions upon her release from jail.

Strickland ordered, "there's going to be a withhold [of adjudication of guilt on some of the charges], followed by a year of supervised probation, once released — again, that's an issue here."

He also gave Anthony credit for 412 days time served in jail relating to that case.

A special condition Strickland applied to the probation sentence also suggests it was meant for after Anthony's release from jail: "no personal contact direct or indirect with the victim,(of the check fraud case) Amy Huizenga."

Casey Anthony's complicated sentence involved 13 counts of check fraud, theft and fraudulent use of personal identification information involving Huizenga. Following her sentencing that day, Casey Anthony apologized to Huizenga, saying, "I wish I would have been a better friend."

Strickland explained to Anthony and her attorney Jose Baez that same day that he was withholding adjudication on seven counts against her and adjudicating her guilty on six counts.

"We can't withhold adjudication unless there's a period of probation attached to it," Strickland said at the time. "So we don't know what the future holds here. If the State's correct, there'll be a conviction and lengthy prison sentence, or worse. If the defense is correct, there will be an acquittal and she will walk free."


Immediately after that statement Strickland explained that the year of supervised probation should be applied "once released."


Later, during the same proceeding, the prosecution, including Assistant State Attorney Frank George, expressed concerns about the legality of having her probation start "at some indefinite time in the future."

Frank George spoke about the possibility of Anthony's sentence starting that very day and her probation being served "while incarcerated in the Orange County Jail".

Strickland stood by his sentence, while asking both the prosecution and the defense to file a suggestion on how to modify it, if they preferred.

"If either one of your want to submit something that you think might be better or – or more realistic, let me know and I'll certainly consider it," Strickland said. "Again, I don't think it's so indefinite as to be illegal, but I get your point."

On Thursday, Strickland said neither side followed up with a motion regarding the probation sentence. After the check fraud matter was handled, Strickland recused himself from the murder case and Orange-Osceola Chief Judge Belvin Perry took over.

Perry's sentence earlier this month only involved the misdemeanor counts of lying to law enforcement and it accounted for time Anthony served in jail during the last three years. It did not address any confusion over the probation period from the check fraud case.

As to whether Anthony can or should be compelled to serve probation today, Strickland said Thursday, "It's not my case now, and I have no position on what Ms. Anthony should be doing."

Randy Means, director of investigation and administration for the State Attorney's Office, said he understood the probation was supposed to start upon Anthony's release. He had not heard that DOC based its probation calculation after consultation with the prosecutor's office.

"We thought it was designed to start afterwards," Means said. "It's hard to violate probation while in jail. "

Local defense attorney Richard Hornsby, a legal commentator on the Anthony case for WESH Channel 2, argues that case law supports the legality of Strickland's sentence.

"She's supposed to be on probation," Hornsby said. "The Department of Corrections is screwing up the interpretation of it…"

Hornsby said Department of Corrections or the State Attorney's Office could seek clarification through the court, if they chose.

"There's no doubt she's on probation and should be supervised for another year," Hornsby said.