Casey Anthony Getting Out on Bail

Leonard Padilla (here in Texas we still say "pa -dee - YA" not "pa -DILL- ah") is getting to be as famous as Dog "Duane" Chapman, with all the interviews he's doing about getting Casey Anthony out on bail ... and yet, here it is on Wednesday afternoon and Casey Anthony is still setting in jail.

Last night, on Nancy Grace, Padilla mentioned something about a ruling being needed by Florida's regulatory agency on his nephew's ability to do business in Florida and he also mentioned the SEC, interstate commerce, and civil rights .... This afternoon, on FOX.COM, mention is merely made of "paperwork" problems, with Casey Anthony remaining where she is.

As an attorney, I'll be amazed if there's an agency ruling on this issue in a 24 or 48 hour turnaround ... agencies have set schedules and calendars, due process requirements to meet for notice of hearing, and other time-eating requirments. Also, there's not any emergency need to expedite things here, to provide an exception to the general agency protocol.

If the family really wanted to get Casey out on bail fast, what could they do? Go get a local bail bondsman to handle things - circumvent this agency brouhaha. Padilla could do this, too, I think.

Of course, this opportunity has been open to the family since Casey Anthony was first arrested, of which they apparently have not taken advantage. Wonder why?

And on another issue, let's be clear:

the U.S. Constitution prohibits "excessive bail" in this country. It does not specifically give a right to bail, althought state constitutions or state or federal statutes may impose this right. For a good, succinct discussion of this issue, check out Justia.US, the U.S. Supreme Court's website, and its references to the high court's opinion in US v Salerno, 481 US 739 (1987).

Dog the Bounty Hunter - The Latest News

Here it is, Christmas time and the Writers' Strike doesn't look like it's going away anytime soon which is a big, big boost for reality TV ....

So what's happening over at A&E, where Dog the Bounty Hunter was its biggest draw before The Scandal and before The Strike?

1. Well, today saw a press release from LA non-profit group BOND (Brotherhood Organization of a New Destiny) notifying the public that this Saturday, Dec. 15th, BOND will be hosting a book signing for Dog's autobiography along with a Christmas toy give-away for kids. Dog will be there - don't know about the rest of the family. And, it's being reported that BOND is an African-American organization.

2. On December 6th, a petition was forwarded to A&E to restore the show with Death by 1000 Papercuts reporting at least 14 other Bring Dog Back petitions in process, or already forwarded to the network.

3. Baby Lyssa has her own MySpace page, it just went up today (December 10).

4. There was an online push for fans to send pineapples (fresh, canned, dried, anything pineapple) to A&E in support of Dog. No idea how success this Pineapple Push has been -- but the A&E address is here if you're interested.

5. There's a Rally for the Dog in front of A&E's headquarters in NYC on December 13th. Fans are urged to attend -- and I've read that fans who cannot travel to the Big Apple are planning on telephoning A&E that day, voicing their support.

6. Bobby Brown, the Colorado bounty hunter seen several times on the DBH show, has issued his online statement of support for the Dog.

7. Dog the Bounty Hunter has a new website. A&E's logo is not displayed there; instead, it's "the Dog Network."

8. A&E continues to provide a Dog the Bounty Hunter page at its network site. However, it doesn't appear to be updated often -- the "news" sections reports only that:

"[i]n evaluating the circumstances of the last few days, A&E has decided to take Dog The Bounty Hunter off the network's schedule for the foreseeable future. We hope that Mr. Chapman continues the healing process that he has begun."

That's not news.

9. Dog's autobiography is getting 4.5 out of 5 stars as an overall review at Amazon.Com, and it's ranking 2540 in books.

My Lawyer-Look at Dog Getting Sued By Monique, Tucker's Girlfriend

Okay, I just read that Monique, Tucker's African American girlfriend discussed in the notorious, recorded cellphone call between Tucker and Dog Chapman, has announced she's suing Dog for slander. And, I've also already read a couple of blog posts pontificating on this suit and muddying the legal waters.

Here's my LawyerLook:

1. It's not about the phone call.

She is NOT allegingly suing based upon the phone call. She's purportedly suing for statements Dog has made on television about her.

Under Hawaii law, one person CAN record a cellphone conversation and the person on the other end doesn't have to know it's being recorded. That's legal in Hawaii, although that's not the case in other states. In Hawaii, it only becomes illegal if the recording is made for a criminal or tortious reason.

If Monique was involved in Tucker's decision to record the phone call, she can't sue on a tort (slander is a tort) without violating Hawaiian law. So, if she's wanting to sue, she has to find other statements to form the basis of her lawsuit.

Plus, Dog's statements in the phone call were private: he didn't know he was being recorded. Defamation by definition involves a PUBLIC communication.

2. You can read Dog's Public Statements on LKL and Hannity & Colmes

I didn't see Dog on Hannity, but I did watch the full hour of Larry King Live. I didn't hear anything that sounded slanderous - and yes, I believe that Dog was prepared beforehand to be careful here. A good attorney would have been careful to instruct him on the boundaries of legal defamation. Even if Dog doesn't have a lawyer to do that, you can bet Larry King does.

The LNL transcript is online. So is Hannity & Colmes' transcript. Go read for yourself, see what you find.

One thing I clearly remember. Dog said that Tucker should marry Monique, especially after all that has happened.

3. It's not slander, it's libel, and Dog would not be the only Defendant.

Now, here's the bottom line: Slander is defaming someone verbally. Libel is doing so in writing. However, when a statement is spread over the TV airwaves, it counts as libel because it's essentially "published" like it had appeared in a newspaper or magazine.

The report that the suit is for "slander" isn't legally accurate. Another error.

Now, back to a libel action. There has to be a specific statement which has to be false, and Dog has to have known it was false when he said it. What statement is being referenced here? What TV statements are we talking about here?

Another element of the cause of action: the statement has to harm the person's reputation or standing in the community. Where's Monique been harmed? What was her reputation and standing in the community before this brouhaha? How has it changed?

And, finally, the speaker has to have acted with malice -- Dog would have to be shown to have spoken the statement on TV with malicious intent and a disregard for the harm it might cause.

Once again, Dog on Larry King was apologizing to everyone, everywhere. To Larry, to callers, to the public at large. He stated that Tucker should marry Monique. Not a malicious frame of mind.

I'm not seeing a successful defamation suit here. Both Dog and the entities responsible for the TV show would be defendants, of course. Now, you know CNN has some legal big dogs at the ready.

I am also sure that there is a lawyer out there, all ready to take the case. Shocked? I doubt you are.

How Did Dog the Bounty Hunter Do?

Dog the Bounty Hunter was on for the full hour of Larry King Live last night, with one segment of the show including his oldest son, Chris, and the last segment adding his pastor, Tim Storey. During the show, Larry King kept score on the CNN.COM website poll asking if Dog's show should return to the air. By the end of the show, the poll was over 80% "yes."

Today, TMZ.COM is running its own poll, and as of this post, their question "Do you forgive Dog?" is running 73% yes. The CNN.com poll is at 87% this morning.

Looks like Dog's getting his second chance.

Posh Spice, the Crime Doctor, Bette Davis, and Dog the Bounty Hunter

Okay, this Writers' Strike already has my attention.

I'm all for the writers getting what they want (go check out their blog, United Hollywood, for details) but man -- it's already making me fixate on TV, when I'm trying to beat my TV addiction.

Tonight, I've got an extra-thin crispy crust 4-cheese pizza all ready to go when Dog the Bounty Hunter hits the airwaves on Larry King Live.

I want to hear good things, I want this all to be all better, because I like the Dog. I don't know what I expect him to say that will fix all this. Not wanting your daughter to date an African American because of your vocabulary -- is this what I heard? And while I'm here, let me just say that I only recently learned that according to the US Census of 1977, I am supposed to call myself European American. Who knew.

Then, tomorrow, there's the wedding on Ugly Betty and I'm just so happy that Henry and Betty are together. But I really like the Sandwich Guy, too -- you KNOW there's a future relationship there -- and hey, the Wedding is this week with Posh Spice as maid of honor for Willi.

And, today, while I was typing at the keyboard all day long, Turner Classic Movies had a marathon of the old Crime Doctor movies. Have you seen these? Shrink-sleuth combo, it's just fabo. But then again, I love all those 40s mystery shows in black and white: Sherlock Holmes, Mr. Moto, Charlie Chan, The Saint, The Falcon, .... I only recently discovered the Crime Doctor, by the way. Along with the Lone Wolf. Both from Saturday showings on TCM.

Fine. I admit it. I love TV. Did you see The Letter with Bette Davis last week? Nothing better. Just nothing.

Dog on Larry King Live This Wednesday

TMZ is reporting that Dog the Bounty Hunter will be Larry King's guest this Wednesday on CNN's Larry King Live.

Since writers like Tina Fey are manning the picket lines with the 2007 Writer's Strike, and Nancy Grace is out of pocket, having just given birth to twins, heck. Looks like Dog may get a really big audience share on Wednesday night.

And how will A&E interpret this? They haven't cancelled Dog the Bounty Hunter, after all. They've "suspended production."

By the way, if you want to e-mail a question to Larry for the Dog, the Larry King Live website invites you to do so here.

Dog's Show Is Pulled - But Why Aren't We More Upset About THIS?

A&E just announced that they've pulled Dog the Bounty Hunter off their TV schedules for now, after announcing earlier this week that his show has been put on hiatus.

Okay, I admit it. I've been a big fan of Dog the Bounty Hunter for awhile now. I even have favorite episodes -- like the one where Baby Lyssa goes running down the street, chasing a deadbeat who's thrown her to the ground after realizing she doesn't have handcuffs, or a gun, or anything. I also like the one where Leland goes driving down to pick up his Hummer on that little Moped thingie. Hilarious.

And, while there's all this chatter about Dog's comments - which you can hear at the Enquirer site (both the long version and the short version) -- here's what is getting me as a lawyer:

Why aren't we all a little bit more upset about how a private cellphone call gets put on the web for all to hear? What about privacy?

I, for one, don't like this precedent - and we're all so busy being shocked by what was taped, that we're overlooking the fact that it WAS taped and then sold for money to be put on a website.

Did Dog have an expectation of privacy? Sure he did. Did he trust that his son wouldn't betray him? Sure he did.

I've already thought about how someone could make lots of cash putting up a website with the rants of divorcing couples - never is there a time when you're more likely to say stupid stuff than during a divorce, am I wrong here?

Think about it: we could all listen in and have a good laugh at work. You know they'd be funny.

I'm just sayin'.

And, yep, it would all be within the law to do this. Legal. Totally legal.

What's the law here?

Well, under federal law and the law of most states, if one party to the call (here, Tucker) knows the call is being taped, then it's legal and he doesn't have to tell the other party (Dog) that it's being recorded.

In a small minority of states, however, this is not true. In some states, the other party would have to be informed that the call was being recorded. Hawaii is not one of those states, apparently.

However, if some of the gossip sites are correct, and Tucker's girlfriend recorded the call without Tucker's knowledge at the time the call was made, then that recording is arguably illegally made and laws against wiretapping and electronic eavesdropping would come into play.

Oh -- and one other thing to be upset about: no more Leland. Sigh.