Defense attorney Cheney Mason filed an emergency motion for a hearing "to quash, vacate and set aside"
Judge Stan Strickland’s recent amended order regarding Anthony’s probation.
The motion says Strickland’s amended order was "made with a reckless disregard for Ms. Anthony’s due process and civil rights."
The attorneys reacted after Strickland signed amended court documents Monday requiring Anthony to serve one year of supervised probation — as he originally intended when he sentenced her in a check-fraud case in January 2010.
The emergency motion argues Strickland lost jurisdiction in this case because the amended order was made more than 60 days after his original.
"Additionally, the order was fraudulently entered," Mason’s motion states. "There was no attempt to notice the defendant or her counsel (however, the media had ample notice), the defendant has not signed the order as required, and the statement on the order was not filed during any proceedings in open court, as stated in the order."
The motion goes on to say: "Ms. Anthony actually did serve probation, as evidence(d) by her record with the Florida Department of Corrections. Any second sentence for probation imposed will be in violation of Ms. Anthony’s rights of protection against double jeopardy under both the Florida state and United States Constitution."
The pleading accuses Strickland of "unbridled prejudice" due to statements he made on television following Anthony’s acquittal in the more serious murder case last month.
Anthony, 25, left the Orange County Jail on July 17 after her acquittal at trial on charges of killing her 2-year-old daughter, Caylee Marie, in 2008.
Officials put Anthony on probation while she was in the Orange County Jail. But after Anthony was released from jail, Strickland stated that he intended her to serve her probation on check-fraud and related convictions after her release from jail.
That sentence was not spelled out clearly in some court documents, but it was stated by Strickland during Anthony’s sentencing in open court on Jan. 25, 2010, according to video and printed transcripts of that proceeding.
If Strickland’s order is not vacated and set aside, Mason asks for "administrative probation" because anything requiring Anthony to return to Orange County will "put her in great peril, as well as impose a significant cost to taxpayers in securing her safety."
The motion says Anthony has received several threats to her life. Mason included one of the threats as an exhibit. It has a picture of Anthony with a mark in the center of her forehead. Beneath the picture read the words: "Keep Smiling (expletive) With a forehead that big, the headshot will be easier."
Court administration spokeswoman Karen Levey said no hearing has been set yet on the probation matter. In addition, Strickland is out of the office this week, so it was not immediately clear who would hear the motion. Before leaving, however, Strickland said future issues in the case would be taken up by Chief Judge Belvin Perry.