(CBS/WKMG) ORLANDO - Casey Anthony's defense attorney Cheney Mason said he plans to file an emergency motion to set aside a judge's order for Anthony's return to Orlando to meet the terms of her probation, as well as a motion to disqualify the judge who ordered her to return.
Anthony was ordered Monday by Judge Stan Strickland to return to Orange County within 72 hours to serve probation for a check fraud charge that she pleaded guilty to last year, CBS affiliate WKMG. Judge Strickland had recused himself from Anthony's recent murder trial.
Mason said he is concerned for Anthony's safety. Her whereabouts have not been disclosed. She was released from the Orange County Jail on July 17 after being found not guilty of murder on July 5 in the death of her 2-year-old daughter, Caylee. She served the additional brief time to complete a four-year sentence for four misdemeanor convictions of lying to police.
"Our main concern is the legality of this whole proposition as well as Casey's security should she have to appear at probation offices, seek employment and do other things that may be required of probationers," Mason said, reports the station.
Strickland wanted Anthony's probation in the check fraud case to follow her release from jail, but last week the state said that would likely be an illegal sentence.
The state Department of Corrections interpreted Strickland's sentence so that Anthony could fulfill the probation terms while she was in jail awaiting her murder trial, but the judge said he intended the probation to be served after her release, reports the station.
On Thursday, July 28, the state attorney's office said there's nothing that can be done because the Department of Corrections terminated Anthony's probation after one year.