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Perry: No Decision on Casey Serving Probation in Orlando

Chief Judge Belvin Perry won’t make a decision today on whether Casey Anthony will return to Orange County to serve probation for check fraud charges.  Perry also gave no timeline for when he would make that decision.

“There are no clear cut answers in this case, ” Perry said as he wrapped up the hearing today.  “It’s a mess.”

Judge Belvin Perry talks to attorneys about delays in the Casey Anthony trial before the start of court at the Orange County Courthouse in Orlando, Fla. on Monday, June 20, 2011. (Red Huber, Orlando Sentinel)

Anthony’s attorneys, J. Cheney Mason and Jose Baez were in court on Friday, having filed an Emergency Motion to quash and have set aside an amended order of probation by Judge Stan Strickland to have Casey serve one-year-probation in Orange County.

Strickland signed the amended order on Monday, although Anthony was convicted in January 2010.  Because of a mix-up by the state Department of Corrections on interpreting Strickland’s sentence, Anthony was allowed to serve the one-year probation for check fraud, while she awaited her murder trial.

Strickland indicated that when Casey was sentenced it was always his intention what she serve the one-year probation upon her release from jail.

Following Strickland’s amended order, Anthony’s attorneys filed an emergency motion seeking to quash, vacate and have it set aside. According to the emergency motion filed on August 2, by J. Cheney Mason:

“….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.

Perry also referenced the security concerns on Friday, should Anthony return to Orange County.

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.

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