Casey Anthony must serve one year of probation, judge says (BLOG)

Casey Anthony will serve probation for one year for her check-fraud convictions, and has to report to the Department of Corrections no later than Aug. 26, Orange-Osceola Chief Judge Belvin Perry ruled Friday.

As part of the order, Perry ruled that Anthony's address can remain confidential because of safety concerns.

The issue stemmed from Anthony's 2010 convictions on check-fraud and related charges. At that time, Judge Stan Strickland sentenced Anthony to time served in jail followed by one year of probation.

But, the Department of Corrections began Anthony's probation while she was an inmate at the Orange County Jail awaiting her first-degree murder trial. Her probation ended Jan. 24.

When Anthony was acquitted on the murder and other serious charges last month, she walked out of the jail a free woman.

Soon after, Strickland said he intended for Anthony to serve her probation after she got out of jail — intentions that were clear in video and transcripts from the January 2010 sentencing — and the judge amended his original order.

Perry heard arguments last week from Anthony's defense team, who said she already served probation and shouldn't have to serve it again.

In his order, Perry said it is clear Anthony's probation was to start once she was released from jail. He said Strickland had the ability to correct what amounted to a clerical error.

Perry said there was no double jeopardy issue because Anthony couldn't comply with the standard 13 conditions of probation while she was in jail.

"To permit the Defendant, whose counsel was well aware that the probation was to begin upon the Defendant's release from jail, to avoid serving probation now, would take a lawfully imposed sentence and make it a mockery of justice," Perry wrote. "This would allow a defendant to take advantage of a scrivener's error and be rewarded. This is not the message the courts want to send to the public or defendants."

Anthony's lead defense attorney, Jose Baez, did not respond to a request for comment.

During last week's hearing, Perry asked the defense if they knew about the probation being served in jail. Defense attorney Lisabeth Fryer admitted that they did, but said it wasn't the defense's burden to notify the court about it.

Perry took up that issue in his order as well, stating that attorneys have "a duty of candor."

"While ignorance of the contents of a court order is one thing, the failure to abide by that order and the failure to notify the court of a known scrivener's error in the order may be a violation of an attorney's duty of candor," Perry wrote. "To additionally seek to use a scrivener's error to achieve an end that was against the court's intent, especially where both parties had argued the issue of when probation should commence, strikes at the very foundation of our justice system."

Perry continued, "No attorney should conduct himself or herself in a way that impedes an order of the court.…Our system of justice should never be in the position of rewarding someone who willfully hides the ball."

The judge included a portion of the Florida Bar's rules of professional conduct in his order.

"It is very clear that the Defendant and her attorney knew she was to start her probation upon release from the Orange County Jail. Despite this fact, they took advantage of a scrivener's error which started the probation while she was being held in the jail pending trial," Perry wrote. "The defense should not be able to claim that they are now harmed by having the Defendant serve probation at this time."

Anthony's whereabouts remain unknown publicly. She did not have to attend last week's hearing.

Perry noted in his order that Anthony's safety is a concern, and referenced an Orlando Sentinel article about a poll that referred to Anthony as America's most-hated person.

"This Court is very mindful that it is a high probability that there are many that would like to see physical harm visited upon the Defendant," Perry wrote.

Perry ordered Anthony to report to the Department of Corrections no later than 12 p.m. Aug. 26, but she could report earlier. Her probation will begin the day she reports.

Local defense attorney Richard Hornsby, a legal commentator on the Anthony case forWESH-Channel 2, said he expected Perry would order Anthony to serve probation, though it was somewhat surprising it was traditional probation and not administrative.

"At the end of the day, the law is always on Judge Strickland's side on this," he said.

Hornsby also said the impacts of probation will be minimal for Anthony.

"Every day, people are released from jail or prison mistakenly and they're required to return and finish their sentences," Hornsby said. "She's being treated exactly like everybody else."