JBaez requests Ex Parte Hearing with Judge Strickland

Ok - what if KC has confessed to JB? I thought I heard from one of the THs on TV that if that happened, JB would have to ... I guess....more or less recuse himself. Wouldn't that have to be done ex parte?

Okay, so here's my theory of the theory of the defense, and what sooper seekrit info I think Baez is after.

The recently filed motion from KC's attorney for the Z defamation case indicates to me that in the murder trial, Baez will stick with the Z kidnapping story. Because of the bits and pieces of disparagement of certain friends, I believe the aha! Baez has planned is to expand the Z kidnapping story into a bigger conspiracy of kidnapping and murder wherein Z and the friend(s) worked in cahoots.

Based on my theory of the theory of defense, I'm speculating that the sooper seekrit information Baez is seeking is call records, ping records and/or text records (or possibly work records or computer records) from Jesse, Amy, Tony, and/or Ricardo. Records that are not available from the SA/LE that will place one or more of the friends either a) somewhere near KC/Caylee on June 16, or b) somewhere near the spot where Caylee's remains were found (so that Baez can say they dumped Caylee's body there).

To further support my theory of the theory of the defense, I offer Amy's delay of her deposition and hiring of an attorney. I'm speculating that Amy has gotten wind of what's in store. Baez asks her to bring such-and-such records with her to the deposition. Amy says "Huh? Waddya want them for?" Baez, whistling, says "Oooohhhh.... nuthin'...." (and mistakenly smirks). Amy thinks about it, cancels the deposition, hires an attorney, and Baez then requests the sex partay. Oops!!! I meant the ex-parte!!!!

All idle speculation and MOO but ya know, it kinda makes sense in a backwards kinda way...

Chezhire said:

Yep - I'm in on this bet, too.

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Of course you are sweetie. :blowkiss:

I refer you to the party of the second part who assumed the lawful debt of the party of the first part, provided the party of the second part, at the time of the collection of the aforementioned debt, is existing in reversed vertical condition on the fith Tuesday of the twenty seventh month of the next consecutive year including, but not restricted to, any week which includes such day.

How did I do?

BTW which side are you betting on? Will LBK go or stay?

cyberborg said:

Smoke and mirrors. I truly believe that this is an attempt by JB to suggest that he has something compelling to get the media attention and affect the future Jury pool.

It was a ploy, knowing it would not fly to get everyone talking and speculating. A LKB surprise Phase 1.

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My goodness, why didn't I think of that ? Just like BC's plea for a meeting, just like JB's utterance in court re: his client's innocence being made clearer to him with each passing day, this has to be it ! He was trying to make it look like he actually has a defense ! I should have known better... :bang:

Searchfortruth said:

My goodness, why didn't I think of that ? Just like BC's plea for a meeting, just like JB's utterance in court re: his client's innocence being made clearer to him with each passing day, this has to be it ! He was trying to make it look like he actually has a defense ! I should have known better... :bang:

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This would explain the lack of case law in his motion. He's using the Sunshine Laws to his advantage. He knows that once he files it, it will be in the media and he uses that to his advantage.

BeanE said:

Okay, so here's my theory of the theory of the defense, and what sooper seekrit info I think Baez is after.

The recently filed motion from KC's attorney for the Z defamation case indicates to me that in the murder trial, Baez will stick with the Z kidnapping story. Because of the bits and pieces of disparagement of certain friends, I believe the aha! Baez has planned is to expand the Z kidnapping story into a bigger conspiracy of kidnapping and murder wherein Z and the friend(s) worked in cahoots.

Based on my theory of the theory of defense, I'm speculating that the sooper seekrit information Baez is seeking is call records, ping records and/or text records (or possibly work records or computer records) from Jesse, Amy, Tony, and/or Ricardo. Records that are not available from the SA/LE that will place one or more of the friends either a) somewhere near KC/Caylee on June 16, or b) somewhere near the spot where Caylee's remains were found (so that Baez can say they dumped Caylee's body there).

To further support my theory of the theory of the defense, I offer Amy's delay of her deposition and hiring of an attorney. I'm speculating that Amy has gotten wind of what's in store. Baez asks her to bring such-and-such records with her to the deposition. Amy says "Huh? Waddya want them for?" Baez, whistling, says "Oooohhhh.... nuthin'...." (and mistakenly smirks). Amy thinks about it, cancels the deposition, hires an attorney, and Baez then requests the sex partay. Oops!!! I meant the ex-parte!!!!

All idle speculation and MOO but ya know, it kinda makes sense in a backwards kinda way...

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Anybody got a copy of the subpoena/subpoena deuces tecum to Amy?
That's the only way Amy could be required/compelled to bring anything with her...
I don't remember seeing it, but if we could review that, it would tell us A LOT about what JBaez wants to look at....

Chezhire said:

Betcha she didn't even know about it.
Wanna place bets on how likely it will be that she'll withdraw???
(J/K...but the more I look at what I wrote, the more I wonder...)

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Paintr said:

Of course you are sweetie. :blowkiss:

I refer you to the party of the second part who assumed the lawful debt of the party of the first part, provided the party of the second part, at the time of the collection of the aforementioned debt, is existing in reversed vertical condition on the fith Tuesday of the twenty seventh month of the next consecutive year including, but not restricted to, any week which includes such day.

How did I do?

BTW which side are you betting on? Will LBK go or stay?

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Hmmm.... pretty darn good, and as you can see from the post above that started the LKB leaving/staying debate,
I'm betting she'll withdraw...God knows I would.

TotallyObsessed said:

Ok - what if KC has confessed to JB? I thought I heard from one of the THs on TV that if that happened, JB would have to ... I guess....more or less recuse himself. Wouldn't that have to be done ex parte?

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I don't believe KC will ever confess to anyone. IMO

Chezhire said:

Hmmm.... pretty darn good, and as you can see from the post above that started the LKB leaving/staying debate,
I'm betting she'll withdraw...God knows I would.

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We are on opposite sides then. If I lose and you win I will require notarized visual documentation of you collecting the debt from Themis.:floorlaugh:

Chezhire said:

Anybody got a copy of the subpoena/subpoena deuces tecum to Amy? That's the only way Amy could be required/compelled to bring anything with her...
I don't remember seeing it, but if we could review that, it would tell us A LOT about what JBaez wants to look at....

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A question for Chezhire...Baez seems to be spending a lot of his time deposing jail guards (4 or 5 of them), Kronk (I think), Kronk's co-worker, the deputy who dissed Kronk, the detective who interrogated the deputy who dissed Kronk, Hoover and PI Casey. On top of that Kio was deposed. All of these depositions center around the remains discovery.

What kind of answer is he expecting to get? All I can see him getting is "we had a real strong hunch Caylee was there, but we could not find her easily." As for the jail guards - "she lives in a glass 12x7 where we can see her eat, sleep, and pee. She has no privacy to violate."

IMHO, it seems like a real waste of time and money for him to be deposing these witnesses, as I don't see him getting anything useful out of these depositions to be used in KC's defense. :waitasec:

What are your thoughts?

JWG said:

A question for Chezhire...Baez seems to be spending a lot of his time deposing jail guards (4 or 5 of them), Kronk (I think), Kronk's co-worker, the deputy who dissed Kronk, the detective who interrogated the deputy who dissed Kronk, Hoover and PI Casey. On top of that Kio was deposed. All of these depositions center around the remains discovery.

What kind of answer is he expecting to get? All I can see him getting is "we had a real strong hunch Caylee was there, but we could not find her easily." As for the jail guards - "she lives in a glass 12x7 where we can see her eat, sleep, and pee. She has no privacy to violate."

IMHO, it seems like a real waste of time and money for him to be deposing these witnesses, as I don't see him getting anything useful out of these depositions to be used in KC's defense. :waitasec:

What are your thoughts?

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Busy work? Satan still finds mischief for idle hands to do????:crazy::crazy:

I think he is trying to get Caylee's body as evidence thrown out as being inadmissible. If the body was found as a result of an overheard "privileged" conversation, or some other reason, then anything gained from the search of the Anthony's home that was triggered by the evidence found with Caylee would be thrown out as well, yes?

JWG said:

A question for Chezhire...Baez seems to be spending a lot of his time deposing jail guards (4 or 5 of them), Kronk (I think), Kronk's co-worker, the deputy who dissed Kronk, the detective who interrogated the deputy who dissed Kronk, Hoover and PI Casey. On top of that Kio was deposed. All of these depositions center around the remains discovery.

What kind of answer is he expecting to get? All I can see him getting is "we had a real strong hunch Caylee was there, but we could not find her easily." As for the jail guards - "she lives in a glass 12x7 where we can see her eat, sleep, and pee. She has no privacy to violate."

IMHO, it seems like a real waste of time and money for him to be deposing these witnesses, as I don't see him getting anything useful out of these depositions to be used in KC's defense. :waitasec:

What are your thoughts?

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Off the top of my head, without benefit of seeing the subpoenas for the depositions (which, as in the case of Amy, mentioned above, would tell me a lot about what Baez wants to see, if he's sought written materials, too, via a subpoena deuces tecum,) I believe JBaez is intending to lock in potential key witnesses to their stories:

(1) as to Kronk, deputy, Hoover, DC, etc., it's all about when/how/why they noticed/discovered anything relevant to the case. If JBaez can poke even a single hole in Kronk's version of the events re: finding Caylee, well, you can only imagine where JBaez would try to take that during a trial; and

(2) as to the guards at the jail, it will be all about the specifics concerning Casey's reaction to the news on December 11, 2008, and possibly his and Casey's reactions when he was allegedly crying on whatever date that supposedly took place. If JBaez can find anything upon which to claim that Casey's rights were violated, he'll be moving to suppress any such testimony and/or evidence stemming therefrom.

So I don't think it's so much as what JBaez "expects" them to say as it is he needs to know what they will say so he can plan what to do next.
He's obviously worried about something - so he's got to see if it's going to be something he can suppress, or whether he's going to have to go to trial and deal with it in front of the jury.

Pegatha said:

I think he is trying to get Caylee's body as evidence thrown out as being inadmissible. If the body was found as a result of an overheard "privileged" conversation, or some other reason, then anything gained from the search of the Anthony's home that was triggered by the evidence found with Caylee would be thrown out as well, yes?

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HAHAHAHAH! :crazy:

Caylee's body as evidence thrown out as being inadmissible!

Hahhahahahahhahahahaha

That's ridiculous! Fruit of the poisonous tree and all of it!

LancelotLink said:

JB reminds me of Mark Geragos.

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I'm catching up so this may be even more OT, but I think he'll be lucky if he gets bumped to a bailiff spot on Judge Judy.

I watched that clip where he is asking Kathy B what law school she attended. She was very polite - didn't ask him why it took him more than an decade to pass the bar. Or where in his class he graduated. Or if he graduated (is Fl one of the few spots where you can pass the bar as an autodidact?)

Of course, he may have actually been asking her a serious question. He could be looking for a different gene pool of free intern labor.

Pegatha said:

I think he is trying to get Caylee's body as evidence thrown out as being inadmissible. If the body was found as a result of an overheard "privileged" conversation, or some other reason, then anything gained from the search of the Anthony's home that was triggered by the evidence found with Caylee would be thrown out as well, yes?

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You're referring to the doctrine that we call "fruit of the poisonous tree," which, simply stated, means that if a privilege was breached, then anything that is found as a result of said breach may be suppressed UNLESS the SA can show that whatever was found as a result of the breach would have been found anyway (inevitable discovery doctrine.)
Here, only way JBaez could try to prevent introduction into evidence of testimony/records/reports concerning the finding of and ME's evaluation of Caylee's body, etc., would be to connect the dots between Kronk, who, as far as I know, found Caylee, and someone who was privy to some privileged communication, which I doubt will be the case. But you know, weirder things have happened...
Good thought for discussion!

Paintr said:

Of course you are sweetie. :blowkiss:

I refer you to the party of the second part who assumed the lawful debt of the party of the first part, provided the party of the second part, at the time of the collection of the aforementioned debt, is existing in reversed vertical condition on the fith Tuesday of the twenty seventh month of the next consecutive year including, but not restricted to, any week which includes such day.

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written in anthonese............I have referred the above message to CindyLee/George/Casey A for interpretation..........

There is an inevitable discovery doctrine. If Baez tries the "fruit of the poisonous tree defense" and attempts to get Caylee's "body" tossed out as evidence then he has to get around the fact that it was inevitable she would have been discovered (eventually) anyway.

There are tons of hurdles here and he ain't no show dog (in my opinion).

I do think JB is exploring what he can do to combat some very bad evidence against his client. The location where the body was found, in a comfort zone for Casey, near her home. He'd like most to show that the body wasn't there at a time Casey could have placed it there, thus someone else did. He needs to just get some fact upon which he can base his "good faith" contention to this effect. Remember the tipline he set up and its focus. He'll take any nut who will call in there. As to Cain, I guess he hopes the guy will try to save face and make himself look good by saying he looked around really well and there was nothing there to find when Kronk called him out there. This will be an important topic for his experts, as well. Maybe he will also try to show others who knew about this potential burial ground and who could have done it. IDK for sure. Maybe they are also going to explore the LP stuff about how Kronk learned about the body. I hate to even mention that.

He's always looking for grist for the prosecutor or LE misconduct mill. That one jail visit with the A's, during which they discussed the private chat with GA, corporate Casey, etc. is very ugly to watch. Mean, snarly, scary Casey. He'd like to keep that out, since the visit was against his wishes, etc. I guess he's trying the same approach to the tape or tapes regarding Casey conduct after learning that remains had been found on Dec. 11. He has a litany of grievances about that: spying, tricking, invading privacy, blah blah. Even if these witnesses aren't going to help him much, he needs to know what they will testify so he can prepare to work around it.

Of course, I could be totally wrong because I have failed to see the thing JB sees and don't fairly appreciate the genius of his strategy. Bad on me.

Chezhire said:

You're referring to the doctrine that we call "fruit of the poisonous tree," which, simply stated, means that if a privilege was breached, then anything that is found as a result of said breach may be suppressed UNLESS the SA can show that whatever was found as a result of the breach would have been found anyway (inevitable discovery doctrine.)
Here, only way JBaez could try to prevent introduction into evidence of testimony/records/reports concerning the finding of and ME's evaluation of Caylee's body, etc., would be to connect the dots between Kronk, who, as far as I know, found Caylee, and someone who was privy to some privileged communication, which I doubt will be the case. But you know, weirder things have happened...
Good thought for discussion!

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So your saying.. it's possible to have the evidence of her body thrown out..