2009.05.07 - new motion by State to Determine Counsel

[Marina2]

Looks like JB just barely qualifies to be co-counsel even.

snipped from:

Florida Rule of Criminal Procedure 3.112 – the Florida Checklist for Death-Qualified Attorneys

(g) Co-counsel. Trial co-counsel assignments should be given to attorneys who:
(1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and
(2) qualify as lead counsel under paragraph (f) of these standards or meet the following requirements:
(A) are experienced and active trial practitioners with at least three years of litigation experience in the field of criminal law; and
(B) have prior experience as lead counsel or co-counsel in no fewer than three state or federal jury trials of serious and complex cases which were tried to completion, at least two of which were trials in which the charge was murder; or alternatively, of the three jury trials, at least one was a murder trial and one was a felony jury trial; and
(C) are familiar with the practice and procedure of the criminal courts of the jurisdiction; and
(D) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, and
(E) have attended within the last two years a continuing legal education program of at least twelve hours’ duration devoted specifically to the defense of capital cases.

 

[Searchfortruth]

How many lawyers paid for by the taxpayer is one indigent Defendant allowed??? Can all the other indigent perps on death row appeal their cases base on the fact they weren't provided <<<cough>>> 'Dream Teams'?

How can she have indigent status with so many high profile lawyers and experts on her case ?

I had the feeling JAB didn't like Mr. Lenamon's letter to the state when the DP was on last time...the whole "it could have been an accidental drugging" thing seemed to be a bit too honest and humble for "JAB". I would be surprised, pleasantly, to see Terry L. back on the team. I believe he is a good attorney, not good enough to get Casey off, but good enough to make sure there is no worthy appeal after conviction.

OT DREW PETERSON ARRESTED FOR DEATH OF WIFE !!!!!!!!!!!!!!!!!!!!!!

 

[JSR]

OT DREW PETERSON ARRESTED FOR DEATH OF WIFE !!!!!!!!!!!!!!!!!!!!!!

Excellent!! Now the question is, Which one?

 

[Sooner Fan#1]

How can she have indigent status with so many high profile lawyers and experts on her case ?

I had the feeling JAB didn't like Mr. Lenamon's letter to the state when the DP was on last time...the whole "it could have been an accidental drugging" thing seemed to be a bit too honest and humble for "JAB". I would be surprised, pleasantly, to see Terry L. back on the team. I believe he is a good attorney, not good enough to get Casey off, but good enough to make sure there is no worthy appeal after conviction.

OT DREW PETERSON ARRESTED FOR DEATH OF WIFE !!!!!!!!!!!!!!!!!!!!!!

OMG...sometimes justice is slow...but justice all the same:woohoo:

 

[SoCalSleuth]

Couldn't that "technically" be LKB?

I don't know. I am only aware of LKB acting as second chair or as one on a team, not aware of her being lead counsel in as many cases as she would need to be. In fact, I'm not aware that she has ever acted as lead counsel in a DP case.

 

[Searchfortruth]

Excellent!! Now the question is, Which one?

For now Kathleen S., hopefully the state will bring in another murder charge SOON !

:woohoo::woohoo::woohoo:

 

[RR0004]

omg...sometimes justice is slow...but justice all the same:woohoo:

iaft!!!

 

[JSR]

Looks like JB just barely qualifies to be co-counsel even.

snipped from:

Florida Rule of Criminal Procedure 3.112 &#8211; the Florida Checklist for Death-Qualified Attorneys

(g) Co-counsel. Trial co-counsel assignments should be given to attorneys who:
(1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and
(2) qualify as lead counsel under paragraph (f) of these standards or meet the following requirements:
(A) are experienced and active trial practitioners with at least three years of litigation experience in the field of criminal law; and
(B) have prior experience as lead counsel or co-counsel in no fewer than three state or federal jury trials of serious and complex cases which were tried to completion, at least two of which were trials in which the charge was murder; or alternatively, of the three jury trials, at least one was a murder trial and one was a felony jury trial; and
(C) are familiar with the practice and procedure of the criminal courts of the jurisdiction; and
(D) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, and
(E) have attended within the last two years a continuing legal education program of at least twelve hours&#8217; duration devoted specifically to the defense of capital cases.

Actually I'm not sure he does qualify. I'm not confident he's actually got 3 years under his belt. And has he had 3 cases that were tried to completion? And not just settled? From what I understand he spent 3 years working for Lexis Nexis, which is NOT practicing law. Although, OT, just working for Lexis Nexis has me worried about the quality of Lexis since it's all I use. It also has me wondering if he worked for Lexis Nexis why doesn't he cite freaking law!??

 

[Marina2]

How can she have indigent status with so many high profile lawyers and experts on her case ?

I had the feeling JAB didn't like Mr. Lenamon's letter to the state when the DP was on last time...the whole "it could have been an accidental drugging" thing seemed to be a bit too honest and humble for "JAB". I would be surprised, pleasantly, to see Terry L. back on the team. I believe he is a good attorney, not good enough to get Casey off, but good enough to make sure there is no worthy appeal after conviction.

OT DREW PETERSON ARRESTED FOR DEATH OF WIFE !!!!!!!!!!!!!!!!!!!!!!

Bolded by me.

IIRC, JB also objected to a psych evaluation that TL recommended for KC.

 

[Brini]

I LOVE THIS!!!!!!!! I've been waiting for the SA to nudge the Court!

:clap::clap::clap:

YES! :woohoo::woohoo::woohoo:

 

[Brini]

He can still be her attorney (one of many from the looks of it)...just not THE (first chair) attorney.

Yeah. But not being FIRST chair is gonna twist his knickers, anyway.

 

[Marina2]

Actually I'm not sure he does qualify. I'm not confident he's actually got 3 years under his belt. And has he had 3 cases that were tried to completion? And not just settled? From what I understand he spend 3 years working for Lexis Nexis, which is NOT practicing law. Although, OT, just working for Lexis Nexis has me worried about the quality of Lexis since it's all I use. It also has me wondering if he worked for Lexis Nexis why doesn't he ever cite freaking law!??

What a blow it would be to JB if he didn't even qualify as co-counsel.

ETA: I've also wondered about his Lexis Nexis experience since his major malfunction in court seems to be the citing of case law.

 

[amethyst221]

jinx and a pepsi LOL

great minds. make it a diet Coke, please!

 

[Brini]

Or find someone on Craig's List.

:laugh::laugh::laugh::laugh::laugh::laugh::laugh::laugh::laugh:

 

[zoomom]

Orlando Sentinel says this:

http://www.orlandosentinel.com/news...-anthony-baez-attorney-050809,0,6582310.story
Baez's spokeswoman, Marti Mackenzie, said Baez filed an objection to the motion. She said the issue will be moot soon. A new death-qualified attorney has joined the team and will be at the next hearing later this month.

She would not identify the attorney.

"At that time, the defense will introduce the highly qualified and outstanding death-qualified attorney as the newest member of the defense team," she said.



Me: They have said this a number of times, but refuse to name any names. Which puts their credibility (haha) in question, in my mind.

Bold = mine.


Who ever takes this case must know they will not be paid (maybe ever), and they will have to put in zillions of hours! Who in their right mind would want to be the Captain of the Titanic???!

 

[Brini]

I agree...still wonder if her bill has been paid.

Maybe he took it out in trade.

 

[bowler]

Orlando Sentinel says this:

http://www.orlandosentinel.com/news...-anthony-baez-attorney-050809,0,6582310.story
Baez's spokeswoman, Marti Mackenzie, said Baez filed an objection to the motion. She said the issue will be moot soon. A new death-qualified attorney has joined the team and will be at the next hearing later this month.

She would not identify the attorney.

"At that time, the defense will introduce the highly qualified and outstanding death-qualified attorney as the newest member of the defense team," she said.



Me: They have said this a number of times, but refuse to name any names. Which puts their credibility (haha) in question, in my mind.

How will anyone worth their license be able to work with JB? I don't see that happening which throws whomever into question for me... :crosseyed:

 

[Paintr]

For now Kathleen S., hopefully the state will bring in another murder charge SOON !

:woohoo::woohoo::woohoo:

:woohoo::woohoo: Great news!!!!!!!!!!!!!!!

 

[kaRN]

How can she have indigent status with so many high profile lawyers and experts on her case ?

I had the feeling JAB didn't like Mr. Lenamon's letter to the state when the DP was on last time...the whole "it could have been an accidental drugging" thing seemed to be a bit too honest and humble for "JAB". I would be surprised, pleasantly, to see Terry L. back on the team. I believe he is a good attorney, not good enough to get Casey off, but good enough to make sure there is no worthy appeal after conviction.

OT DREW PETERSON ARRESTED FOR DEATH OF WIFE !!!!!!!!!!!!!!!!!!!!!!

Thanks for the OT!! :woohoo:
I think you may be right re Lenamon. He had too much integrity for this group IMO.

 

[Kentjbkent]

I have said this before, and I am going to say it again! I don't think Casey/Baez have access to the defense funding they THOUGHT they would (thank you SA for filing a motion concerning where the funding was coming from!).

I think the first DP attorney was retained with initial licensing funds at the beginning of the case, but now that there is no money train, he is not willing to proceed without additional funds.

I am beginning to suspect that Baez & LKB have discussed who they would LIKE to bring on board, but no one is yet retained (re: "big secret!". Perhaps that is why George and Cindy booked this new appearance on Larry King? Wonder if they (since Baez CAN'T) agreed to appear on LK with "new" pictures and videos so they can use the fees to pay for a reatined DP attorney?!

I asked this a few days ago, but got no response so wonder if anyone with a legal background can answer....

IF the defense is unable to retain a PAID DP attorney, and Baez has to file a motion for Casey to be deemed indigent (like he did for Nilton Diaz in that case), and the motion is GRANTED (so Casey has a DP public defender), what happens to Baez? Can he still be second chair?? Or can Baez file a motion for monetary cost relief now to help pay for a DP qualified attorney if Casey/family is unable to come up with funding??