Casey Anthony’s attorneys are seeking to have thrown out an amended order by Judge Stan Strickland on Monday, that she return to Orange County to serve the one-year probation for check fraud, for which she was convicted. Her lead defense attorney, Jose Baez believes that it won’t be safe for her to do so.
According to the emergency motion filed by Casey’s attorney J. Cheney Mason on August 2, to “quash, vacate and set aside” Judge Strickland’s amended probation order:
“….Ms. Anthony actually did serve her probation, as evidenced by her record with the Florida Department of Corrections. Any second sentence for probation imposed will be in violation of Ms. Anthony’s rights of protection against double jeopardy under both the Florida State and United States Constitution. Additionally, it must be noted that in amending the Order, the Judge acted on his own, without motion or request from the State of Florida, and instead of noticing the Defendant (even through Counsel) revealed his intention in a media interview.”
The emergency motion also states, any requirement that Casey returns to Orange County puts her in great peril as she has received several threats upon her safety and life. Her return will also impose a significant cost to taxpayers in securing her safety, the motion adds.
Anthony, because of a mix-up by the state Department of Corrections on interpreting Strickland’s sentence, was allowed to serve the one-year probation for check fraud, while she awaited her murder trial.
Strickland amended his January 2010 sentence last Monday to make clear Anthony serves probation after her release from jail. In a strange twist, Strickland himself, stepped down on Wednesday from the Anthony check fraud case, without explanation.
Chief Judge Belvin Perry who presided over Casey’s murder trial, is expected to handle this particular matter.
According to the terms of Anthony’s probation, she is required to report to her probation officer no later than the 5th day of each month. She is not to change residence or employment or leave the county of her residence without first getting content of her probation officer. Also, Anthony has been ordered not to contact Amy Huizenga, a former friend, whom she defrauded. She must pay the State of Florida $20 per month toward the cost of supervision.
Anthony was released from jail on the evening of July 17, after being acquitted of murdering her 2-year-old daughter, but has since kept a low profile. There are unconfirmed reports that she has been spotted in Ohio.
