2009.03.10 - Hand Written Note From Tot Mom in Response to Pros. Motion

[Moe]

I would love to see KC on the stand, being slammed. She's finished and done.

 

[faefrost]

<P></P>
<P>&nbsp;</P>
<P>I totally disagree with this.</P>
<P>It is not ok for an attorney to look out for his interests over his clients.&nbsp; If that is the case, then Casey needs another attorney.&nbsp; If there were some way to have any appeals based on attorney incompetence or unethical behavior waived, I would be all for letting this continue on.&nbsp; It's not fair to the people of this state to have to waste the financial and time cost on another trial so Casey and Co. can play games for profit.&nbsp; If the defense is truly not holding out for a big payday from selling this story down the road, it shouldn't be that hard to prove.</P>
<P>Lanie</P>

I tried to fix this, but it isn't cooperating...

Bolded by me

The entire purpose of the SA's questions about how Baez is getting paid is essentially what you are asking for. To raise the questions now and either get the situation corrected or have the defendent essentially waive any future appeals regarding effectiveness of or conflicts of interest of her council.

 

[dunlurken]

Personally, I want to know who's footing the bill. Caylee?

 

[Doodlelover]

This is unbelievable.

I am starting to get the feeling that JB either wants off this case and is trying to get removed or he doesn't care what happens to Casey as long as he gets his fame and fortune or he is so far under Casey's spell that he can't even say no to her or adivse her properly. It doesn't matter which one but he certainly is not acting in the best interest of his client.

As her lawyer he should have never let her write that. It changes everything.

I honestly can't figure out if he's really that dumb or he's following some sort of weird plan.

 

[SoCalSleuth]

Why did he allow Casey to include a hand written note. This will be a mistrial. Someone needs to get Baez off the case.

JB let her write this note because, for whatever reason, he is not exercising his independent professional judgment in this matter.

 

[Roze]

May I respectfully disagree. Casey doesn't have enough sense to tell Baez to go out and do a PC. Baez is screwing this case up big time. Or what to say. Do you think Baez would listen to Casey? Me thinks not. He's also too full of himself.

Certainly we can disagree. However, KC is the client in addition to being the goose that laid the golden egg. Baez has to honor her wishes to some degree. The PC before the memorial and the handwritten little temper tantrum smack of KC to me.

 

[zoey]

The key point isn't the specific nuances of her wording. What is key is that she submitted an afadavit in her own handwriting, making these claims. as a result the prosecutors can call her to the stand to ask questions about exactly what she meant. She cannot choose not to testify now. She has begun testifying. All she can now do is stand in the witness box, before the judge and jury, and either answer the questions the SA asks, or publicly claim the 5th in her own voice. And there is a huge diference in the juries eyes between a defendant choosing not to testify, and one on the stand choosing to not answer questions because they might incriminate themselves in a crime.

So she has really really hosed herself with this one. She did it in her own handwriting and in her own words.

And it is also sad that this happens in an afidavit that is responding to questions about her lawyers interests and finances. letting her put that handwritten item in there was unbelievable incompetance on the part of JB. So much so that oen wonders if he has stopped giving any real legal advise and is seeking to get off the case, or to let his client hang herself.

so if I'm understanding this correctly--by putting that little tidbit in there it can be used to make her take the stand at trial?--Doesn't this go along with them also countersuing ZGF as well....not well thought out????

Also does this sort of thing ever happen in other cases???? :waitasec:
tia....:blowkiss:

 

[Roze]

Personally, I want to know who's footing the bill. Caylee?

That would be correct. JMO.

 

[DebC]

I wonder what the Judge is going to say about it on Thursday (right?). Wouldn't it be great if Strickland looked down his nose at Baez and spoke frankly to him about #7?

I wondered about that too. Does the Judge have to address each and every point? Will Mr A have to be there?

 

[Lanie]

The key point isn't the specific nuances of her wording. What is key is that she submitted an afadavit in her own handwriting, making these claims. as a result the prosecutors can call her to the stand to ask questions about exactly what she meant. She cannot choose not to testify now. She has begun testifying. All she can now do is stand in the witness box, before the judge and jury, and either answer the questions the SA asks, or publicly claim the 5th in her own voice. And there is a huge diference in the juries eyes between a defendant choosing not to testify, and one on the stand choosing to not answer questions because they might incriminate themselves in a crime.

So she has really really hosed herself with this one. She did it in her own handwriting and in her own words.

And it is also sad that this happens in an afidavit that is responding to questions about her lawyers interests and finances. letting her put that handwritten item in there was unbelievable incompetance on the part of JB. So much so that oen wonders if he has stopped giving any real legal advise and is seeking to get off the case, or to let his client hang herself.

I'm not an attorney, and was not aware of this. Having had it pointed out, though, IMO this is just another concrete example of the defense not acting in the best interest of their client, along with filing a counter-suit against ZFG. I realize pleading the fifth is not proof of someone's guilt, but it does look bad, and if I know this, how can her attorneys not know it, and deliberately put her in this position?
I don't hate Casey, but I do believe she is guilty, and would like to see her go to prison for what she has done. I find the conduct of the defense attorneys on this case appalling, and can't imagine how Casey's parents feel about this, if they have a functioning brain cell between them. This is something that baffles me about the parents' behavior, as well. If they are truly trying to get Casey off, I can't understand why they aren't all over the place trying to get Baez off this case. Ineffectual it may be, but when has that ever stopped them in the past, pizza, anyone? Stuff like this makes me think they want Casey to go down for this crime.
Lanie

 

[reeseeva]

Why did he allow Casey to include a hand written note. This will be a mistrial. Someone needs to get Baez off the case.

Bold...
This is what Haunts me, & have strong feelings it may come to this

 

[trafficsUP66]

I agree, please keep in mind that obviously no legal eagle here, but I have been saying this for months!!! It seems, he just does not have enough experience. As much as i do appreciate the laughs...I do...More than ANYTHING Caylee receiving Justice is the number one priority! How can he get his act together within the next few months to be able to go to trial? I don't think there are enough law students in florida to prep this guy.

Not to mention he's got to get those totally inappropriate emotions of his under control by then.

When his 'girl' gets upset over something she don't like hearing, I can imagine him bursting out crying in COURT!

 

[Lanie]

This is unbelievable.

I am starting to get the feeling that JB either wants off this case and is trying to get removed or he doesn't care what happens to Casey as long as he gets his fame and fortune or he is so far under Casey's spell that he can't even say no to her or adivse her properly. It doesn't matter which one but he certainly is not acting in the best interest of his client.

As her lawyer he should have never let her write that. It changes everything.

I honestly can't figure out if he's really that dumb or he's following some sort of weird plan.

Bolded by me.
Just out of curiousity, how many people here would hire Baez after seeing him in action so far?
I vote not me.
Lanie

 

[zoey]

Not to mention he's got to get those totally inappropriate emotions of his under control by then.

When his 'girl' gets upset over something she don't like hearing, I can imagine him bursting out crying in COURT!

I am also hoping that tomorrow we get to see the front of them---got really tired of the hind end.....

 

[zoey]

Bolded by me.
Just out of curiousity, how many people here would hire Baez after seeing him in action so far?
I vote not me.
Lanie

no.......:razz:

 

[Lanie]

JB let her write this note because, for whatever reason, he is not exercising his independent professional judgment in this matter.

I'm afraid we are seeing an example of his independent, professional judgement.

Lanie

 

[MsRyber]

JB let her write this note because, for whatever reason, he is not exercising his independent professional judgment in this matter.

With all due respect, one has to have professional judgment in the first place, in order to exercise it.

Baez is woefully ignorant, save a few things...making money, getting publicity and filing many motions.

If he cared about the outcome of this case, the dog and pony show would have never happened to begin with. I think his futile actions speak for themselves. He is a narcissist just like his client.

 

[trafficsUP66]

Personally, I want to know who's footing the bill. Caylee?

This has to be the correct answer.

She is indigent for crummy sakes, yet can suddenly afford 8 lawyers and who knows how many cream of the crop EXPERTS in an attempt to pull an OJ!

She must have a defense, I certainly agree with that BUT she isn't on the same calibre as a celebrity and since a court appointed attorney is good enough for the rest of the poor defendant's why not CMA???

And, imoo were she to have a court appointed, I think that long ago she would definitely have been advised that with the amount of evidence against her her best interests would be to BEG for a plea deal with the state.

Before Caylee was found I might add!

 

[LambChop]

"PLEA DEAL: in criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead "guilty" or "no contest" to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor's willingness to recommend a particular sentence, or some other benefit to the defendant. Sometimes one element of the bargain is that the defendant reveal information such as location of stolen goods, names of others participating in the crime, or admission of other crimes (such as a string of burglaries). The judge must agree to the result of the plea bargain before accepting the sentence. If he does not, then the bargain is cancelled. Reasons for the bargaining include a desire to cut down on the number of trials, danger to the defendant of a long term in prison if convicted after trial, and the ability to get information on criminal activity from the defendant. There are three dangers: a) an innocent defendant may be pressured into a confession and plea out of fear of a severe penalty if convicted; b) particularly vicious criminals will get lenient treatment and be back "on the street" in a short time; c) results in unequal treatment. Public antipathy to plea bargaining has led to some state statutes prohibiting the practice, but informal discussions can get around the ban."

Immunity offer: Statements could not be used against her but evidence obtained could.

Big difference between the two offers. IMO

 

[trafficsUP66]

I wondered about that too. Does the Judge have to address each and every point? Will Mr A have to be there?

OMG judge Strickland is going to be........... I can't find the words, lol!

JB wants all the work handed to him by the state, he files motions yay long without siting case law, stands in court fumbling over his words and making totally unfounded accusations about the SA, the LE and the same media he himself abuses with his Boo Hoo's.... blaming and whining and finger pointing........ Now this judge has to look into how he's getting paid in order to protect the interests of justice and the pocketbook of the state of FLA and you can be certain he's seen and heard the news of this 'professional' CRYING and smooching licorice with his client in jail!!!

Of course, there's a motion to suppress the video, correct?

Where and WHEN is this going to END???

Judge Strickland?