Just like the government screwed up the whole Casey Anthony murder trial... Judge admits the whole probation deal is also a "MESS!"

Judge doesn't rule on Casey Anthony's probation issue, calls it 'a mess'
 

Chief Judge Belvin Perry heard arguments this morning on whether or not Casey Anthony should serve probation for a year in her check-fraud convictions or resume life without legal restrictions, even noting himself that the issue is "a mess."

Perry heard more than an hour's worth of arguments on the probation issue, ultimately saying he needed to do more research and wasn't sure what he would do.

"If anything could go wrong, it went wrong here," Perry said.

Defense attorney Jose Baez started the hearing by calling Susan Finigan, a Department of Corrections probation supervisor. Finigan confirmed they monitored Anthony while she was in jail. She said she's never heard of probation starting at an unspecified date and time.

Prosecutor Frank George also questioned Finigan and suggested probation isn't designed to monitor people who are in custody. Finigan said the purpose of probation is to protect the community.

She said it is not normal to serve probation in jail, except with individuals who have cases on different dockets.

"I would not say it's normal but it does happen on occasion," she said.

Perry asked Finigan about the issue of tolling, and also inquired if she contacted Judge Stan Strickland, the judge who originally handled the case and sentenced Anthony.

Finigan said she did not.

The legal matter stems from Casey Anthony's Jan. 25, 2010 convictions for check-fraud and related charges. At that time, Strickland sentenced her to time served in jail and one year of probation.

She was still held in jail at that time, however, awaiting trial on charges in connection with the 2008 death of her 2-year-old daughter Caylee Marie. The state Department of Corrections applied Anthony's probation while she was in jail and terminated her probation on Jan. 24 of this year.

But Strickland has since stated that he intended for Anthony to serve her probation after her release from jail. That intent is supported by video and transcripts from Anthony's 2010 sentencing. The written order was not so specific, however, and lacked the language stating Anthony's probation should start "upon release" from jail.

Strickland amended his original order early this week to reflect his intent. And then Anthony's defense team filed a motion for a hearing to "quash, vacate and set aside" Strickland's order. Strickland also recused himself from the case and Perry took over the matter.

Perry heard other legal arguments from Anthony's defense team and questioned the attorneys on a variety of issues.

Defense attorney Lisabeth Fryer argued Anthony already served probation and that Strickland was disqualified. She argued the court doesn't have jurisdiction now.

In reality, though, Anthony did little to meet the requirements of supervised probation because she was in jail.

Perry read over the transcript from Strickland's sentencing, and confirmed the judge said probation would begin after she was released from jail.

Perry also noted that Strickland made that sentence long before he recused himself from the murder case.

Perry asked Fryer what obligation did Baez have to notify the court that Anthony's probation started and that it contradicted Strickland's order.

"I'll be the first to admit this is not a very clear cut issue," Perry said.

The judge also asked Fryer what should be done about a scrivener's error that went unnoticed.

"It's a mess," he said.

If Anthony is made to serve probation now, she would have many more restrictions and legal responsibilities placed on her, including regular reports to her probation officer.

George said the state believes it is bad public policy to serve probation while incarcerated.

But the state also finds that the Department of Corrections said Anthony has completed the probation, George said.

George argued the court can correct what amounts to a clerical error, and also said there's no jeopardy issue.

"The best I can say at this point is it is a legal maze," Perry said. "It is quite evident it is a legal morass."

Anthony did not have to attend this morning's hearing. Reports, photos and video have indicated she was in Ohio.