2009.12.16 Motions denied!

[Amil]

• The Judge denied the Motion to Dismiss on Double Jeopardy Grounds and the Motion for a Protective Order to Destroy Video of Family Visits.
• The Judge Granted the State's Motion for a Protective Order as it relates to the recorded statement of Joe Jordan - considering Baez did not object, nor did anyone else, this should not be a real shocker one way or the other.
• The Judge has not ruled on the Motion to Remove Death Penalty or the Motion for Protective Order as it Relates to Videotaping Baez's visits. Considering he denied the other two motions with one sentence rulings, it is safe to assume he is issuing longer orders on the other two. This makes sense as they are more substantive and involve areas of law that are not clearly defined. I still think he will deny the Death Penalty motion and would not be surprised if he granted Baez some relief as it relates to attorney-client interviews being videotaped.

Oh, but Baez was twice reprimanded for getting too cozy with Casey during those visits.

 

[BeanE]

Oh, but Baez was twice reprimanded for getting too cozy with Casey during those visits.

DNA reports on the Twizzlers please!

 

[seagull65]

I suspect at times, that JS already knows how he plans to rule, but wants to take the time to reference case law as a backup. Additionally, if he rules lightning fast it could appear that he did not actually take time to consider the motions. BTW...he has one of the highest ratings for a Judge in Orange County based on his fairness, knowledge of case law, and ethics.

I have to say from what I've seen so far I really like him. Just speaking as a non legal eagle.

 

[Bobbisangel]

Are there other family videos that exist that we have not seen yet that might have been held for release pending this ruling? (or would we have any way of knowing?)

I don't know if there are others that we haven't yet seen but my question is...did the defense want all of the previous family visit videos destroyed and also any videos if the family had decided to visit Casey now?

I was thinking that if the judge had agreed with the defense and the previous videos were destroyed that would mean that none of those videos would have been available to shown in court by the Pros. There are some good ones there.

So the judge is saying that the videos will still be taken of any visit and they will be released to the public....because of the Sunshine law and of course because because the judge said so.

Personally, I don't think Jose or Casey really wanted the judge to pass that one. I don't think she wants to see her parents and probably stayed awake all night last night worrying that he would say ok the videos could be destroyed. By asking and then the judge turning them down they can blame it on the judge and still have what they really wanted. Some will get upset with the judge because poor Casey wants to see her parents so bad. She needs their love and support so bad...it's just so sad...poor Casey and it is all the judges fault. I can hear the rant from the Anthony camp right now.

 

[Bobbisangel]

that's what I understood. I searched and this is what i found from wftv:
http://www.wftv.com/news/21972593/detail.html
"DEFENSE CAN'T USE STATEMENT

A statement that could have helped the defense won't be allowed in court.

Texas Equusearch member Joe Jordan looked for Caylee before her remains were found last December. The defense team filed a motion saying that Jordan searched the same area off Suburban Drive, but saw nothing.

Jordan made the statement over the phone to Mortimer Smith, a private investigator for Casey's defense team, but Jordan illegally-recorded the conversation, so the defense can't use it."

So Joe Jordan was on the phone with Mortimer Smith of the defense team and Jordan told Smith that he had looked for Caylee's remains before she was found. Joe Jordan taped the conversation? That doesn't make sense. Why did he tape something that he was saying to the defense? It would make sense to me if Smith taped the conversation but because he didn't let Jordan know he was taping the conversation that makes it illegal. Seems like the defense wanted to use that statement because Jordan was with Tim and Co and he searched for Caylee and didn't find her...that way the defense could say that Texas EQ did search for Caylee and she wasn't there at that time which means that the body was placed there later on and while Casey was in jail. Right???

 

[Bobbisangel]

Oh, but Baez was twice reprimanded for getting too cozy with Casey during those visits.

If Baez get the room with no video it won't take long for him to file a motion to have any guard be removed from the door to the room and permission to close the blinds if there are any! He won't want to take the chance on anyone overhearing their conversations ya know. I would place my bet that there wouldn't be any talking going on...Casey needs support ya know. I wonder if Baez carrys a blow up air mattress in his brief case!

 

[mysteriew]

Not that I'm aware. I don't think anyone really argued that the recording of the phone conversation should be released, though JB suggested he wanted to hear it and wouldn't push for LDB to be prosecuted if she released it. I was just noting that the media can't get right which party filed the motion.

As to the lie part, no idea. JJ and the investigator know what is on the tape, what was asked and how it was answered during the interview, and whether or not there was anything improper. JJ apparently took the tape to the state with some complaint, and must have related to someone what happened. That is what LDB knows, because she didn't actually listen to the tape once she knew how it came to be recorded.

Here is my understanding on what is happening in the JJ issue.

The investigator called JJ and was asking about the search. JJ taped it. JJ then took the tape to LE saying that he thought what he was being asked to do by defense was wrong.

It has been previously noted on here that there is a discrepancy in the info that defense has said that JJ said and in what was in JJ's LE interview. I am wondering if the issue that JJ was concerned about was related to that discrepancy..... I believe it was related to how near the remains site that he got to search, or about the presence of water, I can't remember for sure.

I'm wondering if JJ was concerned that he was being told to say something at trial that he didn't think was right (being asked to lie or being conned to mistate something?) And that was why he went to LE. That would have made me go to LE.

I didn't speak with JJ any while he was here. But he made an impression on me of someone who was determined that Caylee would be found. But I don't recall him being real concerned about the status of KC, innocence or guilt or even punishment. He also seemed organized. So I don't see him with an axe to grind or a willingness to play both sides of the fence and purposly tell them something different. So that discrepancy has had me concerned, and it seemed out of character for the way he posted here. But if he was being asked or told to do something, in opposition to the way he recalled events, I can certainly see him going to LE. The fact that he taped it is unfortunate, but I can't say that I blame him with this bunch. LOL seeing them in action, I would want the protection also.

If I am incorrect in my understanding of the JJ issue I hope someone corrects me.

 

[mysteriew]

So Joe Jordan was on the phone with Mortimer Smith of the defense team and Jordan told Smith that he had looked for Caylee's remains before she was found. Joe Jordan taped the conversation? That doesn't make sense. Why did he tape something that he was saying to the defense? It would make sense to me if Smith taped the conversation but because he didn't let Jordan know he was taping the conversation that makes it illegal. Seems like the defense wanted to use that statement because Jordan was with Tim and Co and he searched for Caylee and didn't find her...that way the defense could say that Texas EQ did search for Caylee and she wasn't there at that time which means that the body was placed there later on and while Casey was in jail. Right???

After seeing the defense team in action and the way they treat witnesses, I would want the protection of taping the conversation! Too bad it isn't allowed in Fla.

 

[rhornsby]

What is of interest to me is that it appears that the other folks Mort interviewed, Kronk's exes, are aware they are being recorded and look directly in to the camera, so that was clearly divulged to them.

Why did Mort not record or divulge to Joe that he was being recorded (if he were) and then him (Joe) also recording would not have been illegal. Now the defense may not produce their tape ( if Mort made one) of the phone call, or that would be admitting a felony. I do not believe that he would not have memorialized the conversation by recording it unless there was a concern for what answers Joe would give. Where is Valhal and her hinkymeter when we need it?

It was a phone call that was recorded, so unless Mort said he was recording, Joe had no reason to assume Mort thought the conversation would be recorded.

Regardless, the real problem for Joe is that he told the State Attorney a different story than what the recording apparently revealed - that is a big boo boo on his part.

 

[rhornsby]

I don't know if there are others that we haven't yet seen but my question is...did the defense want all of the previous family visit videos destroyed and also any videos if the family had decided to visit Casey now?

I was thinking that if the judge had agreed with the defense and the previous videos were destroyed that would mean that none of those videos would have been available to shown in court by the Pros. There are some good ones there.

So the judge is saying that the videos will still be taken of any visit and they will be released to the public....because of the Sunshine law and of course because because the judge said so.

Personally, I don't think Jose or Casey really wanted the judge to pass that one. I don't think she wants to see her parents and probably stayed awake all night last night worrying that he would say ok the videos could be destroyed. By asking and then the judge turning them down they can blame it on the judge and still have what they really wanted. Some will get upset with the judge because poor Casey wants to see her parents so bad. She needs their love and support so bad...it's just so sad...poor Casey and it is all the judges fault. I can hear the rant from the Anthony camp right now.

Sounds overly cynical to me.

 

[manatee]

If Baez get the room with no video it won't take long for him to file a motion to have any guard be removed from the door to the room and permission to close the blinds if there are any! He won't want to take the chance on anyone overhearing their conversations ya know. I would place my bet that there wouldn't be any talking going on...Casey needs support ya know. I wonder if Baez carrys a blow up air mattress in his brief case!

you are so right! I've not given up on my claim that JB's relationship with KC is more than what it should be...:waitasec:

 

[AZRiverRat]

Here is my understanding on what is happening in the JJ issue.

The investigator called JJ and was asking about the search. JJ taped it. JJ then took the tape to LE saying that he thought what he was being asked to do by defense was wrong.

It has been previously noted on here that there is a discrepancy in the info that defense has said that JJ said and in what was in JJ's LE interview. I am wondering if the issue that JJ was concerned about was related to that discrepancy..... I believe it was related to how near the remains site that he got to search, or about the presence of water, I can't remember for sure.

I'm wondering if JJ was concerned that he was being told to say something at trial that he didn't think was right (being asked to lie or being conned to mistate something?) And that was why he went to LE. That would have made me go to LE.

I didn't speak with JJ any while he was here. But he made an impression on me of someone who was determined that Caylee would be found. But I don't recall him being real concerned about the status of KC, innocence or guilt or even punishment. He also seemed organized. So I don't see him with an axe to grind or a willingness to play both sides of the fence and purposly tell them something different. So that discrepancy has had me concerned, and it seemed out of character for the way he posted here. But if he was being asked or told to do something, in opposition to the way he recalled events, I can certainly see him going to LE. The fact that he taped it is unfortunate, but I can't say that I blame him with this bunch. LOL seeing them in action, I would want the protection also.

If I am incorrect in my understanding of the JJ issue I hope someone corrects me.

IIRC, JJ was told by JB to NOT tell LE if he found the body.

 

[angelmom]

It was a phone call that was recorded, so unless Mort said he was recording, Joe had no reason to assume Mort thought the conversation would be recorded.

Regardless, the real problem for Joe is that he told the State Attorney a different story than what the recording apparently revealed - that is a big boo boo on his part.

BBM...but HOW do they know this? I've missed a step somewhere. The prosecutor specifically says she didn't listen to it and that no one has listened to it yet since they determined it was illegally taped.

Sorry to be so clueless and thanks so much for your time and responses.

 

[Tulessa]

I am soo waiting on the decision on the DP. Myself? I don't favor it but this case has almost made me change my views on that. DH has been trying to sway me for 36 years!:crazy:

 

[amethyst221]

BBM...but HOW do they know this? I've missed a step somewhere. The prosecutor specifically says she didn't listen to it and that no one has listened to it yet since they determined it was illegally taped.

Sorry to be so clueless and thanks so much for your time and responses.

The prosecution didn't listen to the tape, which was illegally recorded without the consent of both parties to the conversation, but the parties to the conversation can still tell anyone they want to what was discussed, asked, how it was done, etc. The tape itself is taboo. JJ obviously went to LE and then to the prosecution and told them something about what had occurred and gave them the tape. The defense appears to be relying on whatever he allegedly said to support their theory that Caylee's body wasn't disposed of until after Casey was in jail. IF he has told the prosecution a different story, then there will be a problem, tape or no tape. Unless there is some way to get around its contraband status, the tape won't be available for use to prove a prior statement or for impeachment.

 

[illinoismom]

I am soo waiting on the decision on the DP. Myself? I don't favor it but this case has almost made me change my views on that. DH has been trying to sway me for 36 years!:crazy:

Me too. I wonder what the hold up is??:waitasec:

 

[Mackenzie]

Me too. I wonder what the hold up is??:waitasec:

I'm wondering the same thing too! I keep coming here to see if there are any updates?

 

[JustJax]

:spit:

DNA reports on the Twizzlers please!

Now that's funny!

 

[JustJax]

I am soo waiting on the decision on the DP. Myself? I don't favor it but this case has almost made me change my views on that. DH has been trying to sway me for 36 years!:crazy:

This case is a cry for the DP and more than likely will be an example for those who are opposed to it to reconsider their view, once the horrific details of what she did to her daughter are presented at her trial.

Caylee was murdered and disposed of in the most heinous manor imaginable to a not only a murder, but society as well...and when the person that committed this murder IS proven to her her Mother, I think allot of folks will be of the opinion that the needle is too good for her.

I only wish Caylee's spirit can come down and look Casey right in her evil eyes when she is taking her last breath, the way Casey looked into the innocent, terrified eyes of her only baby daughter when she killed her.

 

[manatee]

This case is a cry for the DP and more than likely will be an example for those who are opposed to it to reconsider their view, once the horrific details of what she did to her daughter are presented at her trial.

Caylee was murdered and disposed of in the most heinous manor imaginable to a murderer...and when the person that committed this murder IS proven to her her Mother, I think allot of folks will be of the opinion that the needle is too good for her.

I only wish Caylee's spirit can come down and look Casey right n her evil eyes when she is taking her last breath, the way Casey looked into the innocent, terrified eyes of her only baby daughter when she killed her.

I'm not in favor of the DP. However, I've been trying to find out how many mothers that murdered their children plead not guilty and blame SODI? anyone have these stats? I believe she stands alone. even Susan smith confessed eventually. I'm thinking...I have four daughters. one of them is close to Caylee's age...If something horrible happened to her and I was blamed for it when I did not do it...I could care less about hiring an attorney or defending myself, my only purpose in life would be first to find my daughter then when she was found dead, finding the killer. I would be the last on the list. KC lawyer up immediately. A grieving mother would never do that. it would not matter! who cares! my child is gone!I just want my daughter back!