Bill Sheaffer Answers Your Questions

 

WFTV legal expert Bill Sheaffer

QUESTION: Would the defense have anticipated the sitting of Judge Perry upon Judge Strickland’s departure or was it an unpleasant surprise? — KMerr

BILL SHEAFFER: No, the defense team could not have anticipated which of the “death penalty qualified” judges would have been assigned the case. There is no line up of judges, per se.  In the event of a recusal or disqualification, the Administrative Judge (Whitehead) typically makes the case assignments in Orange County.  Certainly, the defense team may have had some preferences.  Whether Judge Perry was one, is not known to me.

QUESTION: Now that Mr. Malcaluso has withdrawn from the Casey Anthony case, can he be called as a witness for either the prosecution, or the defense?  He did state that he had proof of Casey’s innocence, or words to that effect at one of the numerous hearings. — Muesli

BILL SHEAFFER: No.  The attorney client privilege comes into play here.  The State cannot call Casey’s former defense team member as a witness.  The Defense most certainly would not want to, and subject him to cross examination by the State, thereby opening the door to information that he possesses, as a result of the attorney client relationship.

QUESTION: What do you think about Baez’s claim that he doesn’t keep track of his billable hours? – Deb S.

BILL SHEAFFER: The majority of criminal defense practitioners, by and large, do not keep billable hours, but, instead, charge a flat fee for representation.  I, myself do not keep hours.  There are of course, those who do.

QUESTION: What might that mean to other clients of his (if he has any)? Do you think now that Judge Perry has taken Strickland’s place it signals the beginning of the end for Baez? – Deb S.

BILL SHEAFFER: I do not expect that Mr. Baez is going to go anywhere.  He will see this case through to the end as lead counsel. I do anticipate that he will be better behaved.

QUESTION: Also, I’d like to ask, with this new defense team do you think they will try to convince Casey to go for a plea? They have never wavered so far in saying she wants her day in court and she’s innocent – Deb S.

BILL SHEAFFER: As to possible plea offers, competent criminal defense lawyers would not close the door to plea negotiations with the State.  However, in this case, I do not believe a resolution by way of a plea is likely.  One reason is that this is a circumstantial evidence case that lacks a “smoking gun” or a confession.

QUESTION: And even though they (the defense) have tried different theories on the blogs and with the public, Casey has never wavered from saying the Nanny took her. In your opinion do you believe they’ll take that story to court? – Deb S.

BILL SHEAFFER: Good question, but it is hard to say.  The defense team may well be married to that theory as there were so many out of court statements, especially prior to Casey’s arrest, asserting that the nanny took her child.