Watching Motions Hearing Live on Friday 10-10-08

DianeB said:

Although by all accounts Baez did OK in court today - despite his bumbling presentation, he got access to much of what he was requesting in terms of evidence, something tells me Miss Casey doesn't care about any of that - she's just waiting to find out if she'll get sprung from the family pressure cooker.

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True, but I think she was a girl that was use to getting her way one way or another and probably is not happy to wait until Monday for the decision. IMO

Gin said:

I think most decent adults care about a tiny child. There is no way the courts will find in favor of Caylee's "mother", who didn't even report her missing, and allow her to go...what is the word, search? It's absurd.

Wonder if Baez has ever represented anyone on a really big case in the past? He's going to have a ton of reading with discovery, and he'll be wading through it till the cows come home. I don't see that he has any extensive staff to help him...he may have to tell KC to be quiet, and go sit and watch TV while he tries to read the endless pages of documentation and attempts to make some sense of it all.

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I question if Baez has evfer read a law book. He certainly gives no precidents for any of his motions and that's highly unprofessional. I also find it odd that a defense PUNDIT on TV thinks the visits of his client to his office are VERY unusual to be telling. moo

And where does Baez think that his client is going to search? Fusion Night Club or Target Super Store?

Baez is not wearing a wedding ring. I thought he was married. just saying.

DianeB said:

Although by all accounts Baez did OK in court today - despite his bumbling presentation, he got access to much of what he was requesting in terms of evidence, something tells me Miss Casey doesn't care about any of that - she's just waiting to find out if she'll get sprung from the family pressure cooker.

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ITA all she cares about if she will be free from her parents. Right now I think the tension is so bad and she probably thought by 12PM today she would find out. Stinks for her.

MOMto5 said:

Granted another one. . . .maybe I don't love him so much. Why does the state have to show all their cards and not the defense?

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The state has the burden of proof not the defense.

But don't worry they obviously have a MOUNTAIN of evidence against Basket Casey.

They'll get her.

karenc333 said:

While I agree with you that there are some that feel that way, there are others that have questioned "Why isn't she out searching for her daughter?"

With that said...if indeed what she has stated "she knows where Caylee is but was fearful for her safety if she talks", I could see why she wouldn't be forthcoming. She has said in the past that she didn't trust LE. My interpretaion of that is that, if indeed the above is true, she means, she doesn't trust LE to protect her or her daughter. JMO

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She trusted LE enough when she called 911 twice during a protester engagement with her parents, and demanded they hurry up.

marly56 said:

for all you folks who have been making snide remarks about JB...i cant think of another case where a person would lie like KC and continue to be let out to stay in the comfort of family... JB is smarter than you give him credit for...he has a different style than the slick lawyers that have worked cases through the media...yet he is defending his client and defending her well.

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I would have to disagree with your post.
The man was not prepared for court today. It was obvious. I would liken it to a firefighter going to a fire without a hose and water.
The reason she is in the comfort of family is she posted bail.
A good defense lawyer starts to work on a client's media persona immediately, especially one of this nature and by JB allowing KC to wear those sunglasses from Target is not in his clients best interests nor is it in his clients best interests to be spending 6 hours a day 5 days a week at his office. JB may be defending his client but he is not doing it well.

When the case worker lady was on, Didn't she say they are responsible for casey if she goes anywhere but where she has been designated.

So if she goes on a wild goose chase she has to be accompanied by police officers..Am I right? I wouldn't think the judge would over rule if that is the LAW

BrendaStar said:

And where does Baez think that his client is going to search? Fusion Night Club or Target Super Store?

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:clap:

I honestly fear of her messing with evidence or trying to move the body. I can't see that it would happen with Baez and the bail bondsmen there with her, but I just can't get past that one.

Motion Hearing - Part 3:

http://www.wftv.com/video/17687549/index.html

Truthwillsetufree said:

Bold by me...I can't see where this would help. searching with information she deliberately witheld from LE? for her missing 2 year old child? No, I can not see this as a plus.

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She has said in the past that she didn't trust LE. So, if they (the defense) uses information that she has provided them (if it is truthful info) could only be a plus if it resulted in finding Caylee, which it potentially could. In that respect, it would be a plus.

MiraclesHappen said:

Agreed.
He is entitled to what is relative and in custody or control of prosecutors...just as we have been saying all week. And that time machine is not working to burst into the future.

Prosecutor seemed miffed at suggestion her office wouldn't know they have the duty to turn over excupatory evidence.

As an aside-----

I found it somewhat amusing that tradition was broken regarding where the audience sits.
Usually it plays out like a "friends of the bride/friends of the groom" :cake: arrangement, with LE behind the prosecution...on their side.

OCSO was seated behind Baez's table, though. They were staring with arms folded. :cop::detective::nono:

Traditionally, they would sit behind the prosecution table.

I believe this was a calculated move to intimidate Atty Baez

jmho

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Plus, sitting beind defense counsel allows you to hear (or force defense to whisper sweet nothings into each others' ears) and see what's on their table....

I wonder if it's sunk in to Miss Casey's self-absorbed brain that if the grand jury hands down an indictment next week, these really may be her last days outside a jail cell in a long, long time.

How pathetic that she's asking for the freedom to drive to Sawgrass, and an old folks' home, and a conference room at Universal.

Truthwillsetufree said:

I would have to disagree with your post.
The man was not prepared for court today. It was obvious. I would liken it to a firefighter going to a fire without a hose and water.
The reason she is in the comfort of family is she posted bail.
A good defense lawyer starts to work on a client's media persona immediately, especially one of this nature and by JB allowing KC to wear those sunglasses from Target is not in his clients best interests nor is it in his clients best interests to be spending 6 hours a day 5 days a week at his office. JB may be defending his client but he is not doing it well.

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:clap:

Salem said:

SNIPPED: "... It seems to me, reading the many posts here that JB is being judged for being a defense attorney and not really on his abilities.

I think it really doesn't matter what he does or says, he is going to be called out for it and I'm not sure that is fair. We are all entitled to a defense. JB is correct in that KC has been tried for murder before the public before she has even been charged. The public appears to have access to information, through the Sunshine Act, before the defense is made aware of it. Makes it difficult to prepare your case when you can not even get the charges clarified.

I am in no way defending KC. I think she is guilty plus some. But I think the attacks on JB are out of line to a large extent. . . .

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I believe Casey is entitled to a defense, and my comments go specifically to the manner in which JB is preparing and presenting same to date.

If you go through some of my posts on this thread, my main criticisms of JB are that he has filed motions asking for:

(1) things to which the defense is clearly entitled to, such as production of certain exculpatory materials and information regarding the charges contained in the bill of information that has been filed, to which the judge himself had to remind JB he had to "do your own legwork," and that JB had to first ASK prosecution for these materials.

I'd love to see the opposition brief filed by the state on this, as I have a suspicious feeling JB didn't even send over what I'd deem tailored/drafted discovery requests. If JB sent any at all, he probably sent a general blanket request and assumed (incorrectly) that he'd get what is sometimes referred to by criminal attorneys as "open file" discovery, which occurs a lot of times in criminal, though not capital, cases, wherein all attorneys involved simply agree that, to save time and resources (eg, avoiding going through all of the usual drafting of tailored, written discovery requests for information and things and/or entry upon land for testing, etc., responding in kind to said written discovery requests, potential motions on same, etc.,) that they'll simply share what they have in their files.

I think this is why JB keeps complaining that his client is already facing murder charges - he's been used to getting things from the prosecution without having to go through all of the proper procedural steps for getting same and now that he's having to actually put the code of procedure to use, he doesn't know quite where to start. Cases are won or lost in the discovery process. To me, this is what sets apart seasoned counsel from the rest of the herd.

and (2) my other criticism of JB is that he's waited so long to ask for things to which the defense isn't clearly entitled to, either at all and/or at this juncture in the proceedings against Casey. Asking to test the samples of DNA, etc., either right after the state indicting/arresting Casey or immediately following his being retained would have been the appropriate time to files these kinds of what I like to call "protective" motions. If the defense thinks they're entitled to this relief prior to any indictment/bill of information being filed for murder, then why not file this IMMEDIATELY following Casey's initial arrests for child neglect/fraud? Had they done so, and had the judge happened to agree, they'd have been on the same footing from the get-go. Instead, we have JB waiting until now, right before there's to be a GJ convened next week, meaning much, if not all, of such evidence has been tested and processed and there was either enough to go around in the beginning, when it was collected, or there wasn't. Too little, too late, IMHO.

Elley Mae said:

Baez is not wearing a wedding ring. I thought he was married. just saying.

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Wears in on TV. Didn't have one at the hearing.

one_hooah_wife said:

Re: bolded
She doesn't need a court order to allow her to share information that would aid in the search for her missing child.

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While I agree with that statement if she is sharing truthful information to Baez, there could be some circumstances where they would need her to identify certain places, people, etc... that have NOT been interviewed or are even known to LE. They are trying to conduct their own investigation based on what she is telling Baez now.

Zenaida Gonzalez as common a name as David Smith? WTF???

I'm Cuban/American and have lived in Miami most of my life. I have NEVER heard that name before. Now, "Gonzalez" is a very common name, but Zenaida? I can't think of a single one.

I agree with this totally. He seems to get most of what he has wanted. I do not think he will get all this secret leaving whenever she wants to go or get off of her home confinement.

marly56 said:

for all you folks who have been making snide remarks about JB...i cant think of another case where a person would lie like KC and continue to be let out to stay in the comfort of family... JB is smarter than you give him credit for...he has a different style than the slick lawyers that have worked cases through the media...yet he is defending his client and defending her well.

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