2009.04.10 Defense Motion for Additional Phone Records

[beach]

Tony's lawyer was on TruTV and said that Tony got notice from AT&T that there was a subpoena for his phone records from Jan 09 to the present - Tony called his lawyer - the lawyer called JB, and JB said someone in his office made a clerical mistake ....

So, JB SIGNED the subpoena -- he is responsible (not someone in his office). IMO

Thank God AT&T noticed TL and that subpoena didn't get in the hands of someone at AT&T who didn't know better and just sent them. IMO, that is exactly what JB was hoping for. However, I don't know WTH he thought he would be able to do with them considering he had already been denied access to them.

This is no different that what they were trying to do to the TES searchers.

 

[beach]

Originally Posted by ThinkTank
So, actually, there is no way this could be defined as a "clerical error" .... someone higher up than a secretarial assistant had to give the command to issue a subpoena in the first place ... a subpoena that was not necessary ... a subpoena that had wrong dates on it ....

I never say no way ever....although I am sorely tempted to this time.

Unless JB could prove to me that there was a subpoena drawn up prior to 8/21/09 with exactly the same dates (Jan. 09 - Present) and saved as a word doc prior to 8/21/09 in his electronic database, then I am willing to say NO WAY EVER.

And, why would there be one drawn up as described prior to 8/21/09? He would have included 6/01/08 to present, if he had drawn it up prior to the hearing and HHJS's ruling.


Can you tell this incident has really PO'd me?

 

[faefrost]

Thank God AT&T noticed TL and that subpoena didn't get in the hands of someone at AT&T who didn't know better and just sent them. IMO, that is exactly what JB was hoping for. However, I don't know WTH he thought he would be able to do with them considering he had already been denied access to them.

This is no different that what they were trying to do to the TES searchers.

yep! This was clearly an attempt to "social engineer" information that they could not otherwise get through legitimate means, falsely use the legal system to do it, and hide behind a flimsy smokescreen of "clerical error".

 

[ThinkTank]

The subpoena was for AT&T - not for Tony technically.
So, did JB fail to get the subpoena issued to AT&T within 30 days of the Aug 21, 2009 Hearing? He is just now doing it?

I don't really understand why Tony's lawyer was on national TV discussing this?
Wish he would have been more informative though, and said whether or not any of Tony's phone records have already been turned over to the Court as Judge S. ordered last year.

At the Aug 21, 2009 Hearing:
Judge had defense redo the subpoenas
Mr. Jay filed motion to stop subpoena
Judge says they narrowed the scope of subpoena already
Baez – motion was heard, Lazarro had notice to address on State’s witness list, findings were made, Baez made amended motion – narrowed it some

Tony's atty: amended request is narrowed to June 2008 – Jan 2009
first timeframe requested was June 1 – July 15th – specific facts – agree to subpoena for that timeframe – will produce phone records if AT&T agrees

Judge S. said: June 1st – Dec 18th 2008 – Tony records submit to Court [NOT give to Defense] – served on AT&T – order to be done within 30 days

 

[beach]

All I am sure of is that TL & his attorney, Mr. Jay, complied and insured that AT&T turned over the phone records from 6/01/08 - 12/18/08 to the Court by Sept. 21, 2009, as ordered by HHJS. In turn, the Court made sure these were turned over to the defense. Otherwise, we would have heard from Baez looooong before now. (It has been 11+ months)

This latest subpoena has erroneous dates that were not included in the order to be disclosed. Even Baez has called it a clerical error. No, I don't believe that he is just now sending the subpoena and 'accidently' typed in the wrong dates. If that were the case, he would have wanted everything from 6/01/08 - Present. He didn't do that because he already HAS everything from 6/01/08 - 12/18/08. I truly believe that Baez sent another subpoena to AT&T hoping to get lucky - that it would fall into the hands of an inexperienced AT&T employee who would just produce the records w/o questioning it or notifying TL.

It didn't work. Thank God.

 

[The World According]

Same old song, second verse, same as the first. Good grief!!!!

[ame]http://www.youtube.com/watch?v=ljYL4udxQZk[/ame]

[ame]http://www.youtube.com/watch?v=nj4g_pdl6YA[/ame]
[ame]http://www.youtube.com/watch?v=E0cn9EsH0F0[/ame]
[ame]http://www.youtube.com/watch?v=LkdxkiQSxDw[/ame]


[ame]http://www.youtube.com/watch?v=IsTtnPbHPOs[/ame]

[ame]http://www.youtube.com/watch?v=JIykQUTS7RI[/ame]

[ame]http://www.youtube.com/watch?v=p0QJkGB9QVA[/ame]

[ame]http://www.youtube.com/watch?v=kjGGsNM8uWw[/ame]

[ame]http://www.youtube.com/watch?v=t-_kmxm7Sv0[/ame]
[ame]http://www.youtube.com/watch?v=aSO-H2aUiZ4[/ame]
[ame]http://www.youtube.com/watch?v=qzJXhRFMjSA[/ame]
[ame]http://www.youtube.com/watch?v=e63SLULAo90[/ame]
[ame]http://www.youtube.com/watch?v=Pbs4kRv1xWY[/ame]
[ame]http://www.youtube.com/watch?v=LbJ-QE_xx30[/ame]
[ame]http://www.youtube.com/watch?v=go_AcwR8AWk[/ame]
[ame]http://www.youtube.com/watch?v=4IB7wz6YkeU[/ame]
[ame]http://www.youtube.com/watch?v=b4v319itpGI[/ame]
[ame]http://www.youtube.com/watch?v=1WAKNI4b6x8[/ame]
[ame]http://www.youtube.com/watch?v=545jQ416_gg[/ame]

 

[Aedrys]

My question is, what the heck good would it do to get phone records from Jan 2009 to the present anyway? Has Casey been calling and talking to Tony this whole time? Wouldn't surprise me as she's a freaking moron in regards to keeping her mouth shut. But still, that just does not make any sense to me. I think Beach is right and Baez was trying to get lucky. But what the heck he was thinking he might find there is baffling me. Caylee died in June '08. My God, that clearly would be a fishing expedition for any scrap to take any attention away from Casey, no matter whose records they got from Jan. 09 to the present!

 

[Tuffy]

My question is, what the heck good would it do to get phone records from Jan 2009 to the present anyway? Has Casey been calling and talking to Tony this whole time? Wouldn't surprise me as she's a freaking moron in regards to keeping her mouth shut. But still, that just does not make any sense to me. I think Beach is right and Baez was trying to get lucky. But what the heck he was thinking he might find there is baffling me. Caylee died in June '08. My God, that clearly would be a fishing expedition for any scrap to take any attention away from Casey, no matter whose records they got from Jan. 09 to the present!

oh geez, I guess they want to talk to any of his old girlfriends and find out if he has ever used duct tape.

 

[The World According]

to paraphrase Judge Perry's own words "Is JB trying to take a second bite of the apple?" Judge Strickland already ruled on this and gave a specific time frame. I guess JB thought if he just went ahead and asked for more records that would be ok because this case is 'special' don't ya know!

I wonder if we are going to see just about everything that Judge Strickland ruled against come up again at some point. What part of NO does JB not get????

Unfortunately, yes.

 

[Gnatcatcher]

I missed Will Jay on TruTV talking about it, was there any mention of him attending the status hearing in case of the "are there any other issues while we're here" possibility coming up? Or would this quash motion be heard at another hearing? I am just dying to see Anthony Lazzaro sitting in the peanut gallery. Please please please. More than ANY other witness out of the hundreds, I want to see him specifically confront her, even if just from behind.

 

[ThinkTank]

I missed Will Jay on TruTV talking about it, was there any mention of him attending the status hearing in case of the "are there any other issues while we're here" possibility coming up? Or would this quash motion be heard at another hearing? I am just dying to see Anthony Lazzaro sitting in the peanut gallery. Please please please. More than ANY other witness out of the hundreds, I want to see him specifically confront her, even if just from behind.

It would be good to see Tony there ... but I believe he currently lives in New York and it would be an extreme burden on him to appear in person ...

 

[Gnatcatcher]

It would be good to see Tony there ... but I believe he currently lives in New York and it would be an extreme burden on him to appear in person ...

With all due respect, ... hardly. A flight from NY to FL is a little over two hours, you can get those at $9 on Spirit Airlines or at least around $100 if you find a good offer. And besides, Caylee's well worth that.

I'm torn between two things: I respect these kids to high heavens for keeping their drama out of it, and I admire the strength it takes to hold yourself back from speaking your mind (a restraint Cindy clearly can't control). But at this point, all this time later, with the drama behind and the forensics about to take the front seat, I would respect and admire them more if they stopped hiding in fear of Casey, and started standing up for Caylee. And I HATE to say that, because I've never once thought anybody feared Casey, and God knows I have no idea what is going on in the hearts and minds of these people, but geez oh man, is it time for somebody.. ANYBODY .. to please PLEASE GET IN THAT GIRL'S FACE AND STAND UP FOR CAYLEE! gosh. I just don't know how to say it plainer. Be a voice, please someone! Please let that be Tony.

 

[pip]

With all due respect, ... hardly. A flight from NY to FL is a little over two hours, you can get those at $9 on Spirit Airlines or at least around $100 if you find a good offer. And besides, Caylee's well worth that.

I'm torn between two things: I respect these kids to high heavens for keeping their drama out of it, and I admire the strength it takes to hold yourself back from speaking your mind (a restraint Cindy clearly can't control). But at this point, all this time later, with the drama behind and the forensics about to take the front seat, I would respect and admire them more if they stopped hiding in fear of Casey, and started standing up for Caylee. And I HATE to say that, because I've never once thought anybody feared Casey, and God knows I have no idea what is going on in the hearts and minds of these people, but geez oh man, is it time for somebody.. ANYBODY .. to please PLEASE GET IN THAT GIRL'S FACE AND STAND UP FOR CAYLEE! gosh. I just don't know how to say it plainer. Be a voice, please someone! Please let that be Tony.

I would imagine the SA has asked these folks to lay low out of the media. Offer no fodder (Raw material, as for artistic creation) for the defense to manipulate. I applaud their ability to keep it zipped, for such young people as they are in the age of instant messaging, internet social networking and the reality TV phenomenon. Surprises me!
The best is yet to come.

 

[LiveLaughLuv]

http://twitter.com/tone_l

Seems his twitter page hasn't been updated since April 13th, he also has himself living in Utah....did he move there???

I wouldn't want to be in his shoes but do hope he stands up for Caylee and be one voice for her but I always see him sitting on the defenses side of the courtroom...I truly wonder???

Justice for Caylee

 

[Tuffy]

http://twitter.com/tone_l

Seems his twitter page hasn't been updated since April 13th, he also has himself living in Utah....did he move there???

I wouldn't want to be in his shoes but do hope he stands up for Caylee and be one voice for her but I always see him sitting on the defenses side of the courtroom...I truly wonder???

Justice for Caylee

I think you're thinking of someone else. TonE hasn't been to any of the hearings that I know of.

 

[LiveLaughLuv]

He was in the courtroom with his attorney when they were fighting for his phone records. I saw the camera pan over to TonyL..he hasn't been there since...JMHO


Justice for Caylee


ETA: Tony Lazzaro motion
http://www.wftv.com/pdf/20483132/detail.html

 

[strawberry]

He was in the courtroom with his attorney when they were fighting for his phone records. I saw the camera pan over to TonyL..he hasn't been there since...JMHO


Justice for Caylee

Really? I never saw him there either...I didn't think any of ICA's "friends" had been at any hearing.

 

[Gnatcatcher]

I never saw his twitter page before. Haa, love his entry on New Year's Eve last:
#2010wish to have a girlfriend thats not like my psycho ex's

 

[Numbers]

With all due respect, ... hardly. A flight from NY to FL is a little over two hours, you can get those at $9 on Spirit Airlines or at least around $100 if you find a good offer. And besides, Caylee's well worth that.

I'm torn between two things: I respect these kids to high heavens for keeping their drama out of it, and I admire the strength it takes to hold yourself back from speaking your mind (a restraint Cindy clearly can't control). But at this point, all this time later, with the drama behind and the forensics about to take the front seat, I would respect and admire them more if they stopped hiding in fear of Casey, and started standing up for Caylee. And I HATE to say that, because I've never once thought anybody feared Casey, and God knows I have no idea what is going on in the hearts and minds of these people, but geez oh man, is it time for somebody.. ANYBODY .. to please PLEASE GET IN THAT GIRL'S FACE AND STAND UP FOR CAYLEE! gosh. I just don't know how to say it plainer. Be a voice, please someone! Please let that be Tony.

With all due respect, for some people $100 is a hardship these days. Plus cab fare or parking at both ends of the flight, possibly a motel room, meals out.....

While I would like to see him there, I can fully understand him not being there.

 

[Intermezzo]

Tony's lawyer was on TruTV and said that Tony got notice from AT&T that there was a subpoena for his phone records from Jan 09 to the present - Tony called his lawyer - the lawyer called JB, and JB said someone in his office made a clerical mistake ....

So, JB SIGNED the subpoena -- he is responsible (not someone in his office). IMO

Clerical error...a lame excuse IMO
Yes JB is ulitmately responsible. It's like the phone call with Robin L..where he blamed the secretary. The message at the beginning notifying them and then accepting the notification that the the phone call is being recorded.

They have TL's phone records....there was not reason for this "clerical error" motion to be submitted..There are ulterior motives at work here.Tony is the target du jour of the SOODI defense.

So what is the real reason.... they want another bite of the apple. They hoped no one at AT&T would notice the time frame requested? they would get lucky and get the records from a time frame NOT authorized by the Judge for them to have?