Baez has subpoened Casey's myspace records

[dax]

Thanks for your thoughts on this ...

It's a silly little thing, I know, but it confuses me.

Do you know if it is usual for a defense attorney to subpoena his own clients records?

 

[Chilly Willy]

I see where he filed it with the court, but it takes a judge's signature and that I don't see. I wonder if they complied?

The state had them already, and since she deleted it Baez had no way to get them without a subpoena.

A judge's signature is not required on a defense subpoena for evidence.

 

[dax]

If I was her, I'd be asking for copies of every motion he files.

In the case of Nilton Diaz he didn't give copies of any papers to the Diaz family ( they were paying the fees). They had no idea what he was filing. After I met them I told them to ask for copies and he told them it would cost $1.00 a page.

I've never heard of an attorney charging their client for copies of motions or any correspondence, for that matter.

 

[dax]

A judge's signature is not required on a defense subpoena for evidence.

Oh wait....now that's interesting. Do you mean that an attorney can subpoena anyone for documents?

If so, can the person being subpoenaed (sp) refuse? Can they be held legally in some way?

 

[Roze]

Can anyone tell me how long KC had her Facebook and Myspace accounts?

I'm just curious given the recent photos of her diary and her compulsive need to update, document and publicize her life on these websites.

 

[Chilly Willy]

Oh wait....now that's interesting. Do you mean that an attorney can subpoena anyone for documents?

If so, can the person being subpoenaed (sp) refuse? Can they be held legally in some way?

The party receiving the subpoena can file a motion to quash or modify. That's when the judge gets involved.

ETA: You might notice that the subpoena Baez issued states that the subpoenaed (sp-LOL) party has the right to object, and also that there is no place on the subpoena for a judge's signature.

 

[dax]

The party receiving the subpoena can file a motion to quash or modify. That's when the judge gets involved.

Thanks for that info

so there is no way to know if MySpace and/or Facebook complied with the request, is there?

My confusion with this subpoena is because I would think it would open a can of worms for the defense......I just don't see the hurry, at that time, for them to have this info

Besides, they would have gotten the records in discovery anyway so why the hurry a week after she's arrested in July?

The more I read about what Baez does and more I listen to him, the more I think he's in way over his head....in my opinion.

Of course, I could be wrong...but I don't think so.

 

[dax]

Can anyone tell me how long KC had her Facebook and Myspace accounts?

I'm just curious given the recent photos of her diary and her compulsive need to update, document and publicize her life on these websites.

I don't know....I've never been on one of her sites but I'm sure someone knows that.

 

[TURBOTHINK]

A judge's signature is not required on a defense subpoena for evidence.

In my state it is...........I don't know about Florida. It is filed with the court, then the judge signs off on it if they believe it appropriate.

 

[Chilly Willy]

Thanks for that info

so there is no way to know if MySpace and/or Facebook complied with the request, is there?

My confusion with this subpoena is because I would think it would open a can of worms for the defense......I just don't see the hurry, at that time, for them to have this info

Besides, they would have gotten the records in discovery anyway so why the hurry a week after she's arrested in July?

The more I read about what Baez does and more I listen to him, the more I think he's in way over his head....in my opinion.

Of course, I could be wrong...but I don't think so.

I believe at the time that the subpoena was issued, the information about Casey deleting things, including Caylee's photos, from her myspace had already been released. Baez had nothing else to do, why not subpoena the records and beat the rush?

 

[amethyst221]

Baez can't make the state do all the leg work for him. He doesn't automatically get every document they get from a third party, especially when they are equally accessible to him.

Baez probably felt the need to know early on what, if any, damaging (or helpful) information was out there, since it seems obvious the state would get it eventually. Maybe Casey alerted him to something.

 

[mimimama5]

Maybe Baez wanted KC's Facebook and Myspace information, so he can get a feel for potential jurors. Finding out what type of people supported KC might help him when selecting the perfect juror for the trial.

Great thought Cat13067! I wouldn't be surprised if that plays into the desire to see who's buying the bull being shoveled around!

 

[Janis396]

It's really going to muddy the waters since apparently Cindy had Casey's online password and wasn't afraid to use it to access her accounts, and even sent emails under Casey's name. It'll raise questions about which one of them really posted/sent what.

 

[SL_Zero]

and how would these records, if given, work their way into a doc dump so we could paw through them like curious little monkeys?

so sad that this is the first thing i thought.

 

[desertmom]

I couldn't believe this when I read it. A good defense attorney would have done this long, long ago. I agree that it seems that JB is just making up his defense case as it goes along..."oh...the state wants that??? Well, then...I want it too." He makes winning an unwinnable case even more unwinnable....LOL.

 

[JustJax]

I couldn't believe this when I read it. A good defense attorney would have done this long, long ago. I agree that it seems that JB is just making up his defense case as it goes along..."oh...the state wants that??? Well, then...I want it too." He makes winning an unwinnable case even more unwinnable....LOL.

(mybold)

From the dates on the document is looks like he did, July 29th, 2008...right after he was hired. (altho I am not suggesting that it makes him a good attorney...IMO he is as green as they come.)

 

[zoey]

It's really going to muddy the waters since apparently Cindy had Casey's online password and wasn't afraid to use it to access her accounts, and even sent emails under Casey's name. It'll raise questions about which one of them really posted/sent what.

If IIRC this was after the fact...when kc was home on bail....NOT BEFORE...but does put more dirt out there than need be....spin, spin spin

 

[sua_sponte]

Thanks for that info

so there is no way to know if MySpace and/or Facebook complied with the request, is there?

My confusion with this subpoena is because I would think it would open a can of worms for the defense......I just don't see the hurry, at that time, for them to have this info

Besides, they would have gotten the records in discovery anyway so why the hurry a week after she's arrested in July?

The more I read about what Baez does and more I listen to him, the more I think he's in way over his head....in my opinion.

Of course, I could be wrong...but I don't think so.

I think I remember seeing something from Casey about messages from ZFG on myspace or facebook? Does anyone else remember hearing something like this?
Remember at this time, KC was still adamant Caylee was kidnapped, and that LE wasn't using her "resources" to find her. JB may have believed the story and thought he could get his client out of jail if he could find any evidence of a real ZFG.

 

[bailee]

:waitasec: I'm confused why are we seeing this now ?
Is this a Baez leak or what? The timing is odd.

HELP !!!

 

[JustJax]

:waitasec: I'm confused why are we seeing this now ?
Is this a Baez leak or what? The timing is odd.

HELP !!!

I think it just an old thread that got bumped back up to the top because a poster was wondering if any of these subpoenaed records have been made public yet.