2008.11.25 Court Hearing Discussion

[RR0004]

Since it was mentioned, it sounds like the thing that truly bothers Judge Strickland are the defense experts being on NG. Dr. Lee and Kobi might be the ones that force the Judge to put the Gag Order into place.

Glad to hear THAT at least. I couldn't figure out how they were gonna get away with it.

 

[Janis396]

What is up with the A's and gum?? CA, GA and KC are always chomping down. Sheesh!!!!!!! :bang:

Very low class, especially in a courtroom. Par for the course with this family.

 

[LEFT-COASTER]

I didnt get to watch today so I hope it comes up on tapes on the web..

I did read that the judge told JB that He had not specified which tips he wanted.. The LE just gave him all of them. They had to .. if they had not they would not have been following the order.

Also.. I think the gag request was a good idea from the DA. With JB saying he doesnt want it. I think JB shot himself in the foot if he wants to go for a change of venue or anything..

 

[okiedokietoo]

I didnt get to watch today so I hope it comes up on tapes on the web..

I did read that the judge told JB that He had not specified which tips he wanted.. The LE just gave him all of them. They had to .. if they had not they would not have been following the order.

Also.. I think the gag request was a good idea from the DA. With JB saying he doesnt want it. I think JB shot himself in the foot if he wants to go for a change of venue or anything..

Wow that is a really good point! I hadn't even thought about the "change of venue" aspect.

 

[passionflower]

Baez is trying to defend HIMSELF against claims that he's enjoying the 'fame?'




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and the way he is getting paid with late night visits....fishy.....IMO

 

[karenc333]

Had he paid attention at the last hearing, there would have been no need for this hearing. He was told several times at the last hearing that everything is available to him but he must request it thru the proper channels via depos and such.

It apparently didn't occur to him that he had to do the same thing the same way after KC was indicted for murder by the grand jury.

There was no need for this hearing. A waste of taxpayers money.

Maybe I'm wrong here, but IIRC, the prosecution asked for the hearing in regards to a gag order and then Baez filed his motions along with the motion of the prosecution.

Baez made comment that the prosecution waited to give him anything until the grand jury indictment. I was glad that Judge Strickland put a time limit on the prosecution today to get the info to Baez within 10 days after the prosecution receives it.

 

[DianeB]

What I don't understand is Baez' reasoning for opposing the gag order.

He says he wants to be able to refute false allegations made by the state, but if there was a gag order the prosecutors and LE wouldn't be making any allegations, false or otherwise.

You can't un-ring the bell about what has been said in the past on either side, but a gag order would preclude Baez' need to respond to anything, since there would be nothing to respond to.

 

[Boston]

Why is Jose even allowed to argue this case?

The man is obviously in way over his head .

When KC is convicted she's going to be granted an automatic appeal for inadequate council

He's crying like a little baby that the DA didn't give him this & the DA was late with that.

These tactics are common in a case with this much animosity between sides.

Get over it Jose & expect more of the same....The prosecutor is not going to do you any favors & your going to have to fight for every scrap of paper.

 

[karenc333]

They were in there as well. It's not the states job to sift through it all and pick out what may be of interest to the defense. If they didn't hand over everything he would have accused them of with holding evidence.

I know personally that bogging down the other side with discovery materials is very common.

They didn't hand over everything. The first thing the prosecution gave him, days after it had been requested, were these psychic "sightings" and "tips" to police where they should look for Caylee.

If I remember correctly, the prosecution didn't want Baez to have this info at first as it was an "ongoing investigation". It wasn't until Baez won the motion in court that the prosecution had to release the info. By what Baez was arguing that particular day in court, anyone with any intelligence can see that he wanted the actual sightings.

What was released to Baez had to already been sifted through as psychic sightings, "tips" to LE on where to find Caylee, and the actual sightings. The prosecution choose to send him the psychic sightings and the "tips" to LE. And it's obvious that the prosecution choose to send him everything but the actual sightings. And now they cry, well it takes alot of time...blah blah blah. While Judge Strickland can't really come out and accuse the prosecution of that in court....I'm sure Strickland is no fool and sees the games that are being played by the prosecution. JMO

 

[karenc333]

Maybe there aren't that many.

If that were the case though, the prosecution shouldn't have had so much trouble getting them to JB according to what they are saying.

 

[krimekat]

Maybe I'm wrong here, but IIRC, the prosecution asked for the hearing in regards to a gag order and then Baez filed his motions along with the motion of the prosecution.

Baez made comment that the prosecution waited to give him anything until the grand jury indictment. I was glad that Judge Strickland put a time limit on the prosecution today to get the info to Baez within 10 days after the prosecution receives it.

Strickland did this for Baez at the previous motion hearing prior to the Murder charges. This information is available to Baez as discovery. He is entitled to it per our Consititution.

 

[DianeB]

They didn't hand over everything. The first thing the prosecution gave him, days after it had been requested, were these psychic "sightings" and "tips" to police where they should look for Caylee.

If I remember correctly, the prosecution didn't want Baez to have this info at first as it was an "ongoing investigation". It wasn't until Baez won the motion in court that the prosecution had to release the info. By what Baez was arguing that particular day in court, anyone with any intelligence can see that he wanted the actual sightings.

What was released to Baez had to already been sifted through as psychic sightings, "tips" to LE on where to find Caylee, and the actual sightings. The prosecution choose to send him the psychic sightings and the "tips" to LE. And it's obvious that the prosecution choose to send him everything but the actual sightings. And now they cry, well it takes alot of time...blah blah blah. While Judge Strickland can't really come out and accuse the prosecution of that in court....I'm sure Strickland is no fool and sees the games that are being played by the prosecution. JMO

There were sightings among the psychics and suggestions - the judge saw them in court and commented on it.

If Baez has a cadre of people ready to sift through the info that LE has received, his objection seems to be that he was charged for information he doesn't find pertinent. How would the state know that Baez would discount the tips received from psychics?

 

[Just__me]

Your statement is absolutely incorrect. I watched the hearing myself Baez asked for everything that came in on the tip line and his words included " I want every scrap of paper".... so he got it!
Baez has no clue and it is VERY obvious he is not comfortable nor is he knowledgeable of proper court room conduct or protocol.
Unfortunately his lack of knowledge/experience is going to give Casey an appeal.

They didn't hand over everything. The first thing the prosecution gave him, days after it had been requested, were these psychic "sightings" and "tips" to police where they should look for Caylee.

If I remember correctly, the prosecution didn't want Baez to have this info at first as it was an "ongoing investigation". It wasn't until Baez won the motion in court that the prosecution had to release the info. By what Baez was arguing that particular day in court, anyone with any intelligence can see that he wanted the actual sightings.

What was released to Baez had to already been sifted through as psychic sightings, "tips" to LE on where to find Caylee, and the actual sightings. The prosecution choose to send him the psychic sightings and the "tips" to LE. And it's obvious that the prosecution choose to send him everything but the actual sightings. And now they cry, well it takes alot of time...blah blah blah. While Judge Strickland can't really come out and accuse the prosecution of that in court....I'm sure Strickland is no fool and sees the games that are being played by the prosecution. JMO

 

[jeepgirlva]

I remember Linda from the bond hearing...she was very good, very strong. I can't wait to see her in action again. I can't see any replays and missed the live feed. What did Cindy say?!?

I remember her too she was very good at handling Cindy ...

 

[believe09]

Mark my words, lol: Inadequate Council Defense-please overturn this conviction, judge....council could not figure out how to request the evidence he demanded be produced for him....

 

[Capri]

They didn't hand over everything. The first thing the prosecution gave him, days after it had been requested, were these psychic "sightings" and "tips" to police where they should look for Caylee.

If I remember correctly, the prosecution didn't want Baez to have this info at first as it was an "ongoing investigation". It wasn't until Baez won the motion in court that the prosecution had to release the info. By what Baez was arguing that particular day in court, anyone with any intelligence can see that he wanted the actual sightings.

What was released to Baez had to already been sifted through as psychic sightings, "tips" to LE on where to find Caylee, and the actual sightings. The prosecution choose to send him the psychic sightings and the "tips" to LE. And it's obvious that the prosecution choose to send him everything but the actual sightings. And now they cry, well it takes alot of time...blah blah blah. While Judge Strickland can't really come out and accuse the prosecution of that in court....I'm sure Strickland is no fool and sees the games that are being played by the prosecution. JMO

This is where Baez' inexperience shows. He said he wanted every sighting, every scrap of paper. The first CD was made(psychic "sightings"), the pages scanned & printed, within the amount of time allowed by the court. Yes, Baez must pay for the copies made, as does any other counsel requesting the same. He paid for the first pages, then when they weren't deemed to be significant by him (even though he requested them all), he didn't want to pay for the next CD & pages printed. It's all part of the job. It's Baez' job to sift thru all of the ones he requested, and determine for himself the order of importance. That is his job, not the county's job. How on earth would they know which ones he would want? And of course, there could always be the claim that they didn't send him the "best", "most important" or most worthy ones, no matter what they sent. So, he's been sitting on this now, refusing any more CD's or copies of items he requested from the county, pages and pages of documents they have had staff working on 8-5 every day. Two more cd's were readily available, completed as requested, but Baez owes them money now, and basically said no, he wasn't taking them. Did he not anticipate the cost of simple copies from the county? That concerns me that he doesn't have funding for these documents. What will happen when he has to pay the expensive forensics experts? Will he be able to fund them?

 

[SoCalSleuth]

Capri is right. "Anyone with intelligence can see what he wanted..." doesn't cut it in court for a variety of reasons I don't need to get into here-suffice it to say--when you request something in court you have to request it with particularity. Also, if the Judge thought the prosecution was playing games he would have called them on the carpet for it--it happens all the time. I've been practicing law a long time and without question JB is incompetent to handle this case. His argument that he didn't want to pay is a joke--the state regulates the amount of money charged and it applies to everyone. Regardless, it was in bad taste and an incredible waste of the defenses' time and energy. The fact that he would waste precious time and energy before trial over less than a $1000 in as serious case as this speaks volumes as to his competency or lack thereof.

 

[CourtsInSession]

Does anyone else have like little gnats crawling on this page @ the top? I put my hand on the screen and they are not there though I saw them.

Step away from your computer, I think this case is getting to you. I have laughed and laughed at all of you since I started reading this thread. I'm only on Page 1! When I read your post I lost it, laughing hysterically.:biglaugh:

 

[Paintr]

Capri is right. "Anyone with intelligence can see what he wanted..." doesn't cut it in court for a variety of reasons I don't need to get into here-suffice it to say--when you request something in court you have to request it with particularity. Also, if the Judge thought the prosecution was playing games he would have called them on the carpet for it--it happens all the time. I've been practicing law a long time and without question JB is incompetent to handle this case. His argument that he didn't want to pay is a joke--the state regulates the amount of money charged and it applies to everyone. Regardless, it was in bad taste and an incredible waste of the defenses' time and energy. The fact that he would waste precious time and energy before trial over less than a $1000 in as serious case as this speaks volumes as to his competency or lack thereof.

Thank you! It is nice to hear the opinion of a lawyer. I think if the state had not sent every one of these tips/sightings/comments the defense would be screaming about information withheld. Baez should review each one and decide the importance for the defense, not expect them to be rated by the state. As he was once told by the judge...do your own homework. He is not building himself a comfortable relationship with the locals for his future in law.

 

[Capri]

Maybe I'm wrong here, but IIRC, the prosecution asked for the hearing in regards to a gag order and then Baez filed his motions along with the motion of the prosecution.

Baez made comment that the prosecution waited to give him anything until the grand jury indictment. I was glad that Judge Strickland put a time limit on the prosecution today to get the info to Baez within 10 days after the prosecution receives it.

Judge Strickland had already done that at the last hearing, 10 days after rec'd by the prosecution.