Analysis: New Casey Judge “Sets Tone Of Authority”

WFTV went digging into past cases and found the judge who's now presiding over the Casey Anthony case has a great track record when it comes to appeals. Chief Judge Belvin Perry has taken over after Judge Stan Strickland recused himself from the case Monday.

BILL SHEAFFER: Analysis Of Newly Appointed Judge VIDEO REPORT: New Casey Judge STRICKLAND STEPS DOWN: Read His Order | Judge Appointed

Judge Perry has been on the bench in Central Florida for 21 years. When he makes a ruling, it's rarely overturned.

Judge Belvin Perry in office - posted 042010 Judge Belvin Perry Judge Belvin Perry Chief Perry is the go-to judge for problematic criminal cases in Orange and Osceola counties and Casey's case has become one. Judge Perry has an extraordinary record; almost always, what he says goes.

Circuit Judge Perry has been chief judge for almost 13 years. Over the last ten years, in the many criminal cases he's heard, some of which have been death penalty cases, only one of his rulings was partially overturned by a higher court.

WFTV legal analyst Bill Sheaffer says that's a phenomenal record

“The likelihood that Judge Perry will either allow a mistake to happen or be drawn into committing some reversible error himself is slight,” Sheaffer said (watch full interview).

Chief Judge Perry gets the tough ones. He's taken over the Casey Anthony murder case 20 months into it. There are almost 14,000 pages worth of evidence so far.

Perry took over the case involving a homeless man's murder after another judge allowed the suspect to get out of jail on bond. He's heard numerous death penalty cases. Last year, he sent two young men to prison for the rest of their lives for murdering Orlando police officer Al Gordon.

Perry, a former prosecutor and the son of an Orlando police officer, is respected by prosecutors and defense attorneys and, Sheaffer said, Perry's no-nonsense approach could change the tone of Casey's case.

“He sets a tone of authority in his courtroom. No one ever questions who's in charge once you walk into Judge Perry's courtroom,” Sheaffer said.

Sheaffer expects Judge Perry to tighten up the proceedings. He remembers Perry once cutting off a wordy lawyer in court by saying, ‘Don't give me the whole bushel of oysters, just give me the pearls.”

Subtle humor, but Perry made his point.

WHAT'S NEXT IN THE CASE?

Here's what's expected to come up next in the case against Casey Anthony.

More discovery documents could be released this week.

In May, there will be a pre-trial hearing in the civil case against Casey filed by Zenaida Gonzalez.

JUDGE STRICKLAND STEPS DOWN FROM CASE

Big changes are coming in the case against Casey Anthony. She's got a new lawyer and now she has a new judge, too. WFTV found out why conversations with a blogger cost Judge Stan Strickland the case.

STRICKLAND STEPS DOWN: Read His Order | Judge Appointed BILL SHEAFFER: Analysis Of Judge Stepping Down BLOGGER TALKS: Before Judge's Ruling | After Ruling REMOVE JUDGE MOTION: Fixed Version | Original RAW VIDEO: Blogger Talks To Judge On Oct. 16th VIDEO REPORT: Strickland Steps Down From Case

Judge Strickland has presided over Casey's case for almost two years, but Monday he gave it up. The news broke last Friday when Casey's new lawyer filed a motion asking Strickland to step down, because he complimented a crime blogger in court and called him during a hospital stay.

The defense says that blogger, who calls himself Marinade Dave, is biased against Casey.

Strickland made his decision quickly, stepping down Monday afternoon after granting the defense's motion asking him to do so.

“At its core, defense counsel’s motion accuses the undersigned of being a ‘self-aggrandizing media house’. Indeed. The irony is rich,” Strickland pointedly wrote in his order (read it).

In a separate order (read it), Judge Strickland confirmed his recusal and Administrative Circuit Judge Reginald Whitehead appointed Judge Belvin Perry Jr. in his place; Perry is highly-respected and known as a tough, no-nonsense judge.

“The defense will probably be held to a higher standard, and Judge Perry will probably be a little less patient with ineptitude,” said WFTV legal analyst Bill Sheaffer (watch full interview).

Orange County Circuit Judge Stan Strickland has been on the bench for 15 years. He was chairman of the local Bar Association's professionalism committee a few years ago.

"It really doesn't put the defense in any better position than the defense was with Judge Strickland. Judge Perry is a very competent judge. He's tried a number of high-profile murder cases and is known as a judge's judge," Sheaffer said.

Some are wondering what Strickland was thinking when he called blogger "Marinade” Dave Knechel to the bench on October 16 (raw video), after a Casey Anthony hearing, and complimented his blog.

"I think it's a sad day, because Casey isn't going to have a nicer guy behind the bench. He was the fairest guy in the whole circuit," Knechel told WFTV Monday night (watch full interview).

Judge Strickland wrote in his order that he was looking at Internet and blog sites to research the extent and content of the publicity, because the defense was asking to move the trial to another county. He wrote that he noticed that Marinade Dave was actually defending Casey Anthony and her family against the bashing.

“This particular blogger/journalist admonished and frequently chastised those who came onto his blog for the sole purpose of bashing the defendant and her family. The Court thanked him for being both fair and civilized,” Strickland wrote in his order Monday. "The content of my words, and context (open court) both seemed unremarkable."

Sheaffer said Strickland had three options. Two of them meant stepping down.

Strickland granted the defense motion and recused himself. That was option one.

“The judge could deny the motion and, in the interest of justice and fairness, request that the case be reassigned to another judge,” Sheaffer said, explaining option two.

For option three, Sheaffer said, Strickland could have decided to keep the case and the defense could have appealed the issue, by a way of “writ of prohibition” to the 5th District Court of Appeals, which would bring the case to a halt for months.

"Since the undersigned has now been accused of bias and wrongdoing, potentially each denial of a defense motion will generate renewed allegations of bias," Strickland wrote. "The cumulative effect will be to elevate an otherwise meaningless situation into a genuine appellate issue."

WFTV tried to get comments from attorneys Jose Baez and J. Cheney Mason, but neither returned calls.

DEFENSE FILES NEW MOTIONS

Casey's defense has also filed four new motions arguing against the death penalty. Two motions argue Florida's death penalty is unconstitutional, because higher courts are unable to adequately reconsider a case and because women accused of crimes like this face different expectations from jurors.

Another motion argues prosecutors shouldn't be allowed to seek the death penalty, because they originally submitted paperwork saying they would not.

The last motion argues for the defense to keep any evidence for the penalty phase out of the trial itself.

Previous Stories: April 20, 2010: Judge Strickland Steps Down From Casey Case April 19, 2010: Casey's Defense Refiles Motion After Notary Error April 19, 2010: Motion Filed To Have Judge Removed In Casey Case April 19, 2010: Casey Defense Team May Have To Re-File Motion April 16, 2010: Jail Friend: Casey Described Using Chloroform April 12, 2010: Casey’s Pen Pal Tried To Sell Jail Letters April 9, 2010: Casey’s Pen Pal: “Praying For Her Every Day” April 8, 2010: Judge Grants Prosecution Request In Casey Case April 7, 2010: Casey’s Pen Pal Could Get Reduced Sentence April 7, 2010: Bombshell Revelation In Casey Case A Bust April 7, 2010: Inmate: Chloroform Was Used To Put Caylee To Sleep April 5, 2010: Motion Denied After Tempers Flare During Casey Hearing