The Evidence Goes on Forever

In the Casey Anthony case, it seems as if the evidence goes on forever but the trial will never begin. 

The state released more documents this week including another batch of photos like the one Caylee and her mother on the left and additional interviews by law enforcement.  Among the search volunteers who spoke to investigators was Richard Creque, who said he smelled decomposition in the air near the woods on Suburban Drive. 

I found it quite interesting that the state released that particular transcript just days after Jose Baez announced that the defense team was headed to Tennessee to the Body Farm, the decomposition research facility founded by Dr. William Bass.  Casey's attorneys want to discredit the testimony of the forensic scientists who tested carpet and odor samples from the trunk of the Anthony car.  Baez wants to keep their 41-page report out of the trial.

I don't think it matters one way or another.  The most compelling testimony about the presence of a body in the trunk of the car,to me, has always been the anecdotal evidence--the people who experienced the odor from that trunk--most notably Cindy Anthony who said, "It smells like there's been a dead body in the damned car."

In other Anthony news this week, the State Justice Administrative Commission questioned Casey's indigency, noting that she just added three new lawyers to her team.  Supposedly they are all working pro bono but does that mean they are making a limitless investment of time that includes a  protracted trial?  Or are they simply offering a finite bit of energy, sufficient to sweeten the deal that the defense might be able to get from the state before a trial begins?

I guess we'll have to wait and see what happens in May.  But it wouldn't surprise me if there never was an actual trial.  It wouldn't be the first time that I've seen a plea bargain announced on the same day that jury selection was to begin.

How To Sue a Telemarketer in Small Claims Court

by Steve Ostrow, guest blogger

This post from author Steve Ostrow is part of the How To Sue A Telemarketer virtual tour.


Congress has spoken! Anti-telemarketing legislation has been passed. Under reasonable restrictions, certain tactics by telemarketers are prohibited and court actionable. Violations can be enforced by the State via the attorney general’s office, the public via class action lawsuits or private lawsuits, and individuals via the small claims court.


The Telephone Consumer Protection Act of 1991 (TCPA) started the ball rolling. Congress was torn between the special interest lobbyists and the people’s vote. The green cash of the lobbyists stalled the legislature for numerous years, but eventually the annoyance of the telemarketing industry became too much. The door opened and the unfettered invasion of free speech was outweighed by the consumer’s right to privacy. After strong objection and outrage by consumers groups, the common sense legislation protecting the privacy of one’s own home was long overdue.


The 1991 original law was pretty weak and without sharp teeth. A free bite at the apple was given and the first offense by a telemarketer to a residence was forgiven with only a simple apology. A second offense was required in order to make an unsolicited commercial call actionable. Basically business did not change under the original law. In 2003, over great objection from the special interest groups, came the National Do Not Call Registry. Yes, 2003 was a great year for the peace and quiet in a consumer’s home. Instead of a consumer requesting individual companies from not calling the home telephone soliciting their service, a residential consumer could sign up at one location and prohibit almost all telemarketers from calling the home phone number. The burden shifted to the telemarketing companies to check “the registry” rather than having the consumer contact the merchant and opt out. Penalties were instituted which are collectible by attorney generals, lawyers, and individuals through the small claims process.


Under the TCPA and the Do Not Call Registry, there are several different violations which are collectible. The most popular ones are:


1. Calling a residential telephone number that is on the National Do Not Call Registry;
2. Using a pre-recorded dialing device to initiate a commercial sale;
3. Using a blocked telephone number when initiating a commercial sale;
4. Soliciting a consumer before 8am or after 9pm;
5. Failure to provide a copy of the company’s Do Not Call Manual after demand for a copy.


Each violation is actionable separately, or can be “stacked” together when multiple infractions are incurred. Even though the courts are supposed to punish each violation with a $500 penalty, different judges will approach cases differently. Some judges will allow you to “stack” as many violations into one case as possible. Others may limit you to one, two, or three causes of action. Regardless of the amount of the judgment, you are able to prosecute the invasion of your peace and privacy in your home through the small claim courts.


Penalties under the TCPA may be “trebled” when the court finds that the violation is intentional. It can be tedious to understand when a telemarketing violation is intentional and when it is not. Rationally thinking, all solicitations by telemarketers are intentional; they are intentionally picking up the phone at their boiler rooms and randomly telephoning as many people as possible making their commercial pitch. It is not accidental that your number may be called, just random bad luck. I guess the easiest way to understand the intentional tripling of damages is using the playoff basketball foul analogy. Some fouls are hard basketball fouls, some are flagrant one fouls, and others flagrant two. Sometimes you just shoot free throws, other times you get ejected from the game. Sometimes the court awards you $500; sometimes the atrocious call telephone solicitation can be awarded $1,500. It’s all up to the ref.


If you are a Democrat and you get a telephone solicitation from a Republican candidate, slow down before you start licking your lips about bringing the opposing political party to its knees. Under the TCPA, certain types of speech are exempted from lawsuits under the Act. Always remember, the violations under the TCPA were balanced with the First Amendment Right of Freedom of Speech. Certain solicitation exceptions are specifically carved out:

1. Tax exempt non-profit organizations, including political parties and campaigns;
2. Organizations with which you’ve had a prior business relationship;
3. Organizations with which you’ve given prior written permission and not expressly revoked;
4. Calls which are NOT COMMERCIAL.


Convenience is a big part of our lives. All of us would like to nail these pesky telemarketers; sometimes it is easier just to hang up the telephone. However, if you are in the mood to make some cash and fight back against these commercial parasites, the good news about small claims court litigation is that it can prosecuted in our home backyard. Since the violation occurred at our telephone, the proper jurisdiction for the action would be our local court.

Steve Ostrow is an attorney, celebrity impersonator and the author of the new book How To Sue A Telemarketer: A Manual for Restoring Peace On Earth One Phone Call At A Time. To date, Steve has successfully sued, or settled, won and collected, over 10 judgments against telemarketers.

Gone Too Soon

Some people enter your life and leave an indelible mark.  David Thompson of Murder By The Book, the mystery book store in Houston, was one of those people.

And now, too soon, he's gone.  At the young age of 38, David passed away on Monday, September 13.

No one loved mystery novels and the authors who wrote them more than he did.  His business, his life, centered around promoting these books.  I did several signings at his store--two for true crime and two for my mysteries. (photo on left)

I'm not a big name, New York Times bestseller like many of the writers who graced Murder by the Book, but David always treated me as if I was.

He was a great guy, an energetic advocate and one-of-a-kind.  He will be missed by authors and readers all over the country.  I feel honored to have known him.  I extend my heartfelt sympathies to David's wife, McKenna, and to all the staff at my favorite book store in the world, Murder by the Book.

Adding to my sadness are memories of my dad, Leon Butcher.  Wednesday would have been his 83rd birthday.  But we lost him five years ago on the same day Katrina launched its assault on New Orleans.  This week has been one of reflection and sorrow.  And a reminder of our vulnerability and mortality.

September Happenings

Here is where you'll find me in the merry month of September.

Monday, September 13: Hampton Branch Library at Oak Hill



I’ll present a workshop on Using Dialogue to Create Suspense from 7 to 8:30 PM at the Hampton Branch Library at Oak Hill, 5125 Convict Hill Road in Austin. Workshop is free and open to the public.


Saturday, September 25: New HEB in Dripping Springs


I’ll be signing books at this new store from 1-3 that afternoon. Stop by and say hello.






Wednesday, September 29: Blog Talk Radio


Join me on True Murder with Dan Zupansky at 9 pm eastern/8 pm central as we discuss the Casey Anthony case and my book MOMMY'S LITTLE GIRL.

For future events, check out the calendar on my website.

A Happy Ending

In Princess Bride, Buttercup said of her true love Westley: We "are joined by the bonds of love. And you cannot track that, not with a thousand bloodhounds, and you cannot break it, not with a thousand swords."

How can you not love a movie where true love really does conquer all?

Sometimes, it happens in real life, too.  Despite the court dates and craziness created by Lisa Nowak when she drove halfway across the country to stalk and eliminate her love rival, the couple made it work.  This past weekend Colleen Shipman and former astronaut William Oefelein (Billy O) were married in Pennsylvania. 

Best wishes to the newlyweds for a great life together!