Video: Casey Anthony back in Florida, attorney says

  1. Closed captioning of: Casey Anthony back in Florida, attorney says

    >>> with casey anthony 's return to dpl. the young mother acquitted of killing her own daughter preparing to report to probation on check fraud charges be an appeal fails. nbc's janet shamlian has the latest this morning. good morning.

    >> good morning to you this is in cloak like stealth secrecy, casey anthony was somehow able to whisk her out of this estate unnoticed. this morning she's back in florida . she's back here in the orlando area . and she could be back in the department of corrections system within just a few days. after much speculation as to where case say anthony is hiding, her attorney jose baez reveals that she is right back in her home state.

    >> yes, he is back in florida .

    >> reporter: in an interview with fox news baez she's she's here to deal with yet another irshoo-in court.

    >> it's just a mess right now.

    >> reporter: that mess dates back no 2010 . as she was saithing in jail awaiting for her murder trial, she stole checks from her beth friend.

    >> i'm sorry for what i did.

    >> reporter: in court judge strickland sent her to one-year probation for the bad checks. when casey walked out of prison in july, cleared of charges she murdered her daughter, she was told she had already completed her probation because of her time spent in jail. a parting note from the department of corrections offered her best wishes for a very successful future.

    >> it's quite evident that this is a legal morass.

    >> reporter: early this month judge belvin perry who provided in the murdered case said despite the paperwork error she would still have to go.

    >> if a judge is sentencing someone two probation, it is not the intent to the court that they serve probation while in jail.

    >> reporter: casey 's attorney to appeal, meanwhile she's expected to show up at a probation office in the state sometime before noon on friday. happy birthday to you

    >> reporter: casey 's lawyers say she was not in florida earlier this month when cindy and george anthony appeared in public to mark what would have been caylee's 6th birthday.

    >> spoken to your daughter at all?

    >> have not.

    >> reporter: since her return to florida baez says casey has had limited contact with her parents.

    >> this is someone who has a lot of figuring out to do for the -- as to what is left of her life.

    >> reporter: and as she contemplates her future, casey must also deal with the florida department of corrections .

    >> now, if she is on probation, although she's on the street, she is hardly free. the conditions of probation, and any violation ever slight, could send her back to jail again.

    >> reporter: and her attorneys acknowledge it's been a difficult five weeks of freedom for casey that she has virtually no friends, except for her defense attorneys and some of their friends. they say they still have great concerns for her security which is why they are fighting probation here in florida . but they add they will comply with whatever the appellate court decides. ann?

    >> janet shamlian , thank you so

msnbc.com staff and news service reports
updated 8/23/2011 7:22:02 PM ET 2011-08-23T23:22:02

A Florida appeals court on Tuesday denied a request that would have stopped Casey Anthony from being forced to start a one-year probation sentence for check fraud by the end of the week.

The Fifth District Court of Appeals disagreed with Anthony's argument that enforcing the probation order would violate the constitutional prohibition on double jeopardy. Anthony maintains she already had completed the probation sentence in jail while she was awaiting trial on murder charges in the 2008 death of her 2-year-old daughter, Caylee. The ruling upheld a lower court's order requiring Anthony to report to a Florida probation office no later than noon Friday.

"The petitioner and her attorneys were well aware that her probationary placement was not to begin until her release from confinement," the appellate court said.

A Florida jury last month acquitted Casey Anthony of murder in the death of Caylee, in a case unrelated to the check fraud. After her release, the 25-year-old vanished from public view amid threats against her and she has since kept a low profile. However, her attorney says she is back in Florida.

The probation order stems from a sentence Circuit Judge Stan Strickland imposed in January 2010 after Anthony pleaded guilty to stealing checks from a friend. At the time, Strickland said Anthony should serve the probation upon her release, but those instructions never made it into a written order. Corrections officials interpreted the sentence to mean Anthony could serve the probation while she was in jail.

In an order this month, Strickland clarified that Anthony must begin her probation now that she is out of jail. He then recused himself from the case and turned it over to Judge Belvin Perry, who presided over Anthony's murder trial. Perry upheld Strickland's order, and Anthony's attorneys appealed last week to the Fifth District Court of Appeals in Daytona Beach.

Anthony's attorneys did not respond to phone calls and emails seeking comment. But in a court filing Tuesday, they described the probation order as an "illegal sentence."

The Florida Department of Corrections has determined that Anthony had already served the probation sentence and that Strickland didn't have jurisdiction to clarify the order because the probation sentence was terminated, they said.

Speaking Sunday on Fox News' "Geraldo at Large," Anthony's attorney, Jose Baez, said Anthony was in Florida and would report to a probation office to start probation if the appeal failed.

"We are going to follow the law wherever the courts follow the law and I am certain she will do what's asked of her if necessary and hopefully it won't come to that," Baez said.

Anthony had been in Ohio, Baez said, receiving therapy and spiritual guidance.

He would not specify where because of threats made against Anthony, but added: "She has been with close friends of ours that ... are somewhat spiritual advisors, people who care and are trying to help her get on with her life."

Baez said he didn't think Anthony had followed the media coverage or public outrage against her since her acquittal.

"I don't think she's concentrating all that much on" it, he said. "The coverage is important to some people who have decided to make this their entertainment. It's not entertainment for her — it's her life. And that's why I don't think she's paid that much attention to the coverage of her case."

"It's time for everyone to move on and let everyone who is involved in this case move on and live their life," Baez added.

The Associated Press contributed to this report.

Timeline: Verdict reached in Casey Anthony murder trial

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