2009.05.07 - new motion by State to Determine Counsel

[Brini]

Each Bar sets specific guidelines for attorneys to have MANDATORY continuing education. In California there is general mandatory continuing education requirement in addition to an ethics requirement. Each attorney is required to complete so many hours of education every few years. If you don't complete the hours then the Bar doesn't consider your license valid. It seems in Florida in order to be considered death qualified you must attend education geared specifically towards capital cases.
I bolded number (7) because I doubt JB keeps up with this requirement. In addition to the fact that LKB must also adhere to #7 if she wants to be lead. And she’s not licensed to practice in FL. So I doubt her state of license also requires #7. LKB is appearing pro hac vice, so she was granted temporary admittance for this case only.

I think JB had a problem with continuing education, for awhile, anyway.

 

[Kentjbkent]

And YEA. YEA, YEA to the state's response today about not commenting further! THAT is what professionalism is all about, Mr Baez!!

 

[Brini]

So what's the big secret?
If they have one why not announce the name?
Tiki smells a(nother) rat . . .
:cat:

.

Tiki's a beautiful kitty!

 

[marleysmom]

In short, Yes. I don't have time to go back and look at the amendments. But I would only assume the the dates are mentioned because prior to 2002 there was no such requirement and those attorneys who did not meet that requirement had until March 2003 to meet the guideline.

Not only does JB not meet that requirement... IIRC he wasn't even admitted to the bar at that point!

 

[Paintr]

Fox 35 just said on-air (nothing on their site yet) that the Baez camp response to this motion (Fox35 said "filed" response) is that they have a qualified DP lawyer, and THEY (not HE or SHE) will be introduced at the hearing later this month.

Fox 35 talked to Lenamon and he said he is not part of the team.


Me: HAVE or WILL HAVE? heh
Seems their hand is being forced a little, due to non-action by Baez.

As I posted on another thread. Que the drumroll! Here they come to save the day! This DP qualified lawyer will have stepped in to save KC from injustice! A hero is born! I predict that we will be surprised at the name Team KC pulls out of their back pocket to head this trial.

 

[ClockWatcher]

I agree...and filing an objection is totally ridiculous. I personally don't think Strickland will be pleased. Here you have the State filing a legitimate request and then you have Baez's response saying "I object...tell you later."

.....umm, 'cause we haven't finished negotiating how big a slice of Ca$ey Anthony'$ $ob $tory pie this dude is going to receive yet.....

 

[MAMABEAR]

I agree, if they have a DP qualified atty then file the damn notice and be done with it. You don't need to have an "unveiling".

It's real easy, JB. It's a simple Notice of Appearance.

Is what I've been sittin here thinkin. Big Huge Production.
I have a question please---When does the Bar take over JB---they are lookin at him right? I member him saying, "I'm not going anywhere." That was when the DP came back on. Is he goin or not?

OT
Just heard on HLN that Drew P was just arrested.

 

[Brini]

"Lights, camera, action!!"

For Pete's sake...can we just get this bunch to act like adults!! So now, it's "I know something you don't know!!!"?

No. Adult, professional behavior, on this case, might be too much of a shock to the world. :-(

 

[marla]

:seeya: buh bye, Baez!

No more BIG boy chair for you ..
Now, you're second fiddle ..

 

[Brini]

I agree...and filing an objection is totally ridiculous. I personally don't think Strickland will be pleased. Here you have the State filing a legitimate request and then you have Baez's response saying "I object...tell you later."

Patellar reflex, with him. Knock him with a little, rubber reflex hammer, and he files.

 

[Brini]

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.

So, JB gets the kiddie chair at the end of the table. The one with the attachable food tray.

 

[Brini]

Excellent!! Now the question is, Which one?

:clap::clap::clap::clap::clap::clap::clap::clap::blowkiss:

 

[Brini]

.....umm, 'cause we haven't finished negotiating how big a slice of Ca$ey Anthony'$ $ob $tory pie this dude is going to receive yet.....

Lewis Carroll already wrote it. Salvadore Dali painted it.

 

[JSR]

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??

Many factors could come into play. For one it depends on WHEN such motion would be filed. If it's late in the game and one atty has invested many hours getting up to speed on a case then a judge would deem it in the best interests of justice to allow the taxpayers to supplement the current attorneys fee rather than bring in a new public defender. But even then there would be a limit to the attorneys fee. This is what happened in the SP case out here. We ended up paying part of Geragos fee in addition to some of his experts fees. None of which actually testified.

 

[JustJax]

Or find someone on Craig's List.

Ha! I just had my drink come thru my nose!:crazy:

 

[JSR]

So, JB gets the kiddie chair at the end of the table. The one with the attachable food tray.

:floorlaugh::floorlaugh::floorlaugh:

Priceless mental picture!!!!!!!!!

 

[JustJax]

A little tidbit that came with the email about this motion, which I think says a lot:

Late this afternoon, the State filed the below document with the Orange County Clerk of Courts.

While the State understands the importance of this information to the community, this office does not want to create the type of publicity that would lead to a change of venue. Therefore, we will not comment further on the case itself.

Glad they put that classy last paragraph in thier statment. File your motions and shut the hell up....hint-hint JB?

 

[JustJax]

i want to know what the new evidence is!! it has to be since they found the body, not anything we've seen so far.

Very subtle way of letting us know that the decission to put the DP back on the table was because of NEW evidence found at the crime scene, dontcha think? No need to call a presser after filing a motion ala JB...

 

[Kentjbkent]

If it's late in the game and one atty has invested many hours getting up to speed on a case then a judge would deem it in the best interests of justice to allow the taxpayers to supplement the current attorneys fee rather than bring in a new public defender. But even then there would be a limit to the attorneys fee.

That's what it appears happened with Baez during the Nilton Diaz case in lake County. I was looking at the record from that trial on the county website, and Biaz took the case from the PD early on. Then far into the case (can't recall if after the jury trial, or right before..don't have printout in front of me but at least a year and a half into case), Baez filed a motion to have Diaz declared indigent but the motion was denied. Several months later, Baez filed for monetary relief for costs (granted), then filed for subsequent increased monetary relief (and got that too).

I just wondered if Casey is unable to afford to retain a DP qualified and has to be declared indigent to bring in PD now, what role can Baez still play..if any...?

 

[Brini]

:floorlaugh::floorlaugh::floorlaugh:

Priceless mental picture!!!!!!!!!

He can bang his sippy cup on it ALL he wants!