2009.05.07 - new motion by State to Determine Counsel

[Theonly1]

Ok, I got it. Go to case search, it will pop up a selection. Go for criminal. It will bring you to the page we are looking for.

Just a note that My Orange Clerk doesn't fancy AOL browsers. So AOL users don't go thru AOL to look at their site because you'll not get to pull up the good stuff (problems in the search engine area). I know this from work as my attorney had AOL (stubbornly) and I couldn't access our cases!

After many calls to the Clerk and their techs they told me not to use AOL when looking at their site...

 

[Spangle]

He's gonna HAVE to accept it! He doesn't qualify for first,second, or 9th chair.

In the mean time, he is wasting everyones time and tax payers money. Cause KC needs to have a legit team NOW so she or anyone else can't claim that she didn't have a fair chance.

 

[MissJames]

For our legal eagles......JB continues to take depositions and is acting as KC's attorney.Can this affect the trial since he is not DP qualified? At what point does KC have to have a DP qualified attorney on her case?

 

[flyonsweetangel]

Thanks for this news, Musikman. I do have a question about #7?? I admit that I am not feeling well and on some meds, but the part that I made bold has me confused. Can you clarify for me? TYIA (Forgive me if this makes no sense.)

I dont know if this has been answered or not. But every year its required that you meet the requirements in order to continue practicing. You have to attend a class(es) of sort so that the bar can assure you have kept uptodate. Therefore, with that said it appears that in order to retain your eligibility to do DP you must have so many hours of education in that area on a yearly bases.... think of it being a specialty like a physician.

 

[JSR]

For our legal eagles......JB continues to take depositions and is acting as KC's attorney.Can this affect the trial since he is not DP qualified? At what point does KC have to have a DP qualified attorney on her case?

In a nutshell, YES!!! A death qualified attorney should be taking these depositions. And Casey should have a DP qualified attorney right now. The FRCP clearly states that once a notice of intent to seek the DP is filed a DP qualified attorney needs to file a notice of appearance stating their qualifications, like immediately.

 

[MAMABEAR]

So JSR----how come they haven't done that yet?

 

[flyonsweetangel]

Hi all you sleuths....
I went through the criminal cases (past 2004 would not let me review) that jose baez has represented defendants in Orange County. It appears that he does controlled substance cases, theft, driver license problems, fleeing the scene..... BUT no murder trials.... Most of the defendants he represented were of hispanic backgrounds ...... Alright how did Casey find him? If this has been answered before please forgive me.. Thanks

 

[amethyst221]

So JSR----how come they haven't done that yet?

I'd guess they haven't because they have been able to get away with it so far. The state apparently has had enough, so they filed their motion, to involve the court. Without a qualified attorney, the defense shouldn't be doing all the things they're doing, but think about the remedy. Delay until someone appropriate is on board. No matter how much they spout off in public, delay is the friend of the defense, not the state. Yeah, poor old Case is in jail, but it's cushy compared to doing time in prison and possibly on Death Row after a possible conviction for murder. They don't have any real desire to hasten toward that. The defense also likes drama and to ignore the rules. Or maybe their new person also has Bar issues that need to handled before they come on board.

 

[MAMABEAR]

Hi all you sleuths....
I went through the criminal cases (past 2004 would not let me review) that jose baez has represented defendants in Orange County. It appears that he does controlled substance cases, theft, driver license problems, fleeing the scene..... BUT no murder trials.... Most of the defendants he represented were of hispanic backgrounds ...... Alright how did Casey find him? If this has been answered before please forgive me.. Thanks

KC told her parents (in a jail house visit) that she got his name from another inmate. I don't believe that. She as much as called the inmates slim balls so I doubt if she talked to any of them------the inmates called her dirty names (don't member where I heard that). One of my BFF's thinks somebody from Fusions probably sent him over to her. But I really doubt if she got him on her own. My money is that he went to her---somehow.

 

[MAMABEAR]

I'd guess they haven't because they have been able to get away with it so far. The state apparently has had enough, so they filed their motion, to involve the court. Without a qualified attorney, the defense shouldn't be doing all the things they're doing, but think about the remedy. Delay until someone appropriate is on board. No matter how much they spout off in public, delay is the friend of the defense, not the state. Yeah, poor old Case is in jail, but it's cushy compared to doing time in prison and possibly on Death Row after a possible conviction for murder. They don't have any real desire to hasten toward that. The defense also likes drama and to ignore the rules. Or maybe their new person also has Bar issues that need to handled before they come on board.

Well, I wish somebody would do something really fast---for the cause. I am a firm believer in------"Git er dun". Thanks!:blowkiss:

 

[JSR]

So JSR----how come they haven't done that yet?

I honestly don't know, Mamabear. A notice of appearance should have been filed as soon as practicable. And JB's assertion or allusion that the DP qualified hasn't been made public or put on record due to his/her privacy is ludicrous. I doubt the Court will look upon this tactic favorably. I don't see this as a viable reason to circumvent the very clear rules of FRCP. Although, honestly my gut says that JB doesn't have a DP attorney on board yet and he's just stalling.

JB's team is correct that the new DP attorney will be scrutinized very closely. But scrutiny doesn't merit a delay in notification.

 

[flyonsweetangel]

Hi MB,

I do wish he would get disbarred for his antics (filing unnecessary motions, and now the suit against the government).

When they bring in another lead attorney, won't they have to start from day 1? The new lead could ask for another year to review all the evidence? Whatever happened to the days of a speedy trial?

I must say, I wouldn't mind seeing Geragos in the lead chair. He'd put on quite a show. He's also one for speedy trials (ala Peterson).

Best,

If they put him in (which I dont think he wants it ~~ losing 2 would look bad on his record) NG would have a field day...... I wonder if he has a car the same model, year and color to park out in the county parking lot....or better yet purchase a lot next to the county if its available :clap:

 

[MissJames]

In a nutshell, YES!!! A death qualified attorney should be taking these depositions. And Casey should have a DP qualified attorney right now. The FRCP clearly states that once a notice of intent to seek the DP is filed a DP qualified attorney needs to file a notice of appearance stating their qualifications, like immediately.

Thank you,that's what I thought. Waiting for the fallout.

 

[MAMABEAR]

I honestly don't know, Mamabear. A notice of appearance should have been filed as soon as practicable. And JB's assertion or allusion that the DP qualified hasn't been made public or put on record due to his/her privacy is ludicrous. I doubt the Court will look upon this tactic favorably. I don't see this as a viable reason to circumvent the very clear rules of FRCP. Although, honestly my gut says that JB doesn't have a DP attorney on board yet and he's just stalling.

JB's team is correct that the new DP attorney will be scrutinized very closely. But scrutiny doesn't merit a delay in notification.

I have been worried about this for a few now. I'm with you that there is not one yet. It is just 2 quite right now. Am feeling like this is the quite fore the storm---sure am wantin it to be a court storm.

When the DP came up and JB was leaving the courthouse---he said he wasn't goin anywhere or be in the background----that worried me. My hink meter went crazy. My experiences thru this case (and I'm sure for the rest of ya'll to) is if that meter goes off then you better start lookin right now and find out what is happening. One's hink don't hinky fer nuttin. OH! Thanks:blowkiss:

 

[MissJames]

I honestly don't know, Mamabear. A notice of appearance should have been filed as soon as practicable. And JB's assertion or allusion that the DP qualified hasn't been made public or put on record due to his/her privacy is ludicrous. I doubt the Court will look upon this tactic favorably. I don't see this as a viable reason to circumvent the very clear rules of FRCP. Although, honestly my gut says that JB doesn't have a DP attorney on board yet and he's just stalling.

JB's team is correct that the new DP attorney will be scrutinized very closely. But scrutiny doesn't merit a delay in notification.

Is it typically up to the current attorney to find a DP qualified attorney to take the lead? It seems like the defendent or her family should be hiring someone.Maybe this is normal,but to me it feels like JB just trying to continue controlling KC and making decisions for her.

 

[MissJames]

I have been worried about this for a few now. I'm with you that there is not one yet. It is just 2 quite right now. Am feeling like this is the quite fore the storm---sure am wantin it to be a court storm.

When the DP came up and JB was leaving the courthouse---he said he wasn't goin anywhere or be in the background----that worried me. My hink meter went crazy. My experiences thru this case (and I'm sure for the rest of ya'll to) is if that meter goes off then you better start lookin right now and find out what is happening. One's hink don't hinky fer nuttin. OH! Thanks:blowkiss:

Well, you are in good company.The SA's hinky meter went off ,also.

 

[MAMABEAR]

Is it typically up to the current attorney to find a DP qualified attorney to take the lead? It seems like the defendent or her family should be hiring someone.Maybe this is normal,but to me it feels like JB just trying to continue controlling KC and making decisions for her.

Yup-----or the other way around and it is KC who is throwin a fit. Don't you member she is the CEO? LOL

 

[spyhouston]

I have been worried about this for a few now. I'm with you that there is not one yet. It is just 2 quite right now. Am feeling like this is the quite fore the storm---sure am wantin it to be a court storm.

When the DP came up and JB was leaving the courthouse---he said he wasn't goin anywhere or be in the background----that worried me. My hink meter went crazy. My experiences thru this case (and I'm sure for the rest of ya'll to) is if that meter goes off then you better start lookin right now and find out what is happening. One's hink don't hinky fer nuttin. OH! Thanks:blowkiss:

Mamabear: I do a lot more reading than I do talking, but I have to tell ya, I luv luv luv reading your comments........you are one very smart cookie laced with great sense of humor. Thanks for making my day, day after day after day! The comment above is just precious..."One's hink don't hinky fer nuttin" Brilliant!!

 

[JSR]

Is it typically up to the current attorney to find a DP qualified attorney to take the lead? It seems like the defendent or her family should be hiring someone.Maybe this is normal,but to me it feels like JB just trying to continue controlling KC and making decisions for her.

It is not unusual for the current attorney of record to bring on another counsel. Although all additions must be done with the clients approval and direction. You can also bet that the new DP qualified attorney will have a very well laid out retainer agreement. Which might be the hold up. A reputable attorney may not want to agree to represent Casey under the terms JB wants.

 

[debs]

Is it typically up to the current attorney to find a DP qualified attorney to take the lead? It seems like the defendent or her family should be hiring someone.Maybe this is normal,but to me it feels like JB just trying to continue controlling KC and making decisions for her.

He answers to Casey, not her family. Her family has no contact with her and does not know her wishes. If he wants a part of the pie she's baking, he'll do what he can to stay a part of this case no matter what chair it is. I can imagine that Jose' is attempting to find an attorney willing to abide by his side-chair driving.............

or
...........he's looking for a way to cop a plea.