2009.5.04 Change of Venue and tainting the Jury Pool

[Chezhire]

It's true that a COV is sometimes warranted to protect an accused's rights to a fair trial, but I have a difficult time reconciling Caseys defense attorneys' claims with the fact that (1) they opposed the SA's gag order (do I say that often enough?!?! :gavel and (2) they continue to appear and speak on radio and television shows.

I think that Judge Strickland, after weighing things out, will rule against this motion.

 

[Chezhire]

WFTV's 6 PM report on this is a MUST-SEE if they put it up. According to Kathi B, Baez timed his news conference so it would be a the top of the 5 PM newscasts, and when WFTV wouldn't show it live he got mad (I should add that WESH is the only station to show it live, and they cut it off half-way thru due to audio problems).

Kathi then tried to ask Baez ONE question afterwards, which he refused to answer and kept on walking, getting on his cell phone. The question? "How do you explain your complaints of publicity when you're the one holding news conferences all the time?"GO KATHI! I wish she would have been the one interviewing LBK this morning.... heh

Baez also filed an affidavit from Casey herself complaining about the news coverage and pointing out WFTV specifically, such as when Kathi yelled at Casey "Did you kill Caylee?"

That affidavit is a MUST SEE!!!


Oh yeah, Kathi also said that Baez faxed the motion to several reporters even BEFORE he filed it - although she wasn't one of them of course....

Bolded by me, Chezhire.

...and on point. Very on point.

 

[gitana1]

Okay, if a change of venue is granted- I understand that KC will be put in a much larger jail-

Since it was not the prosecution who wants the change of venue- then does KC go into general population? She is only in a protective cell as the proscecution has to keep her safe until trial. So does the defense then have to take responsibility for her safety?

Actually, your question brings up something else: A change of venue will make it that much more difficult for casey's family to visit which I think makes JB and casey very happy. IMO, casey does not want to visit her family because she thinks they may be able to determine when she's lying and JB doesn't want them anywhere near his client because he knows that casey has royally blown it in the past when they have been able to speak with her during prison visits.

 

[Gypsy Road]

I don't agree with the sunshine law and I don't apperciate the eye rolling. IMO I have never seen a case get this much spot light people are IMO turning it into a circus.... Not only the state her attorney but her parents as well.

I'm a Florida resident and very much appreciate the Sunshine Laws. Keeps things on the up and up - open and honest IMO. The State is not responsible for this case getting so much coverage; The media is. And not only are KC's defense team using the media to sway the public as much as they can, so are KC's parents. We have not seen anyone from the SA's office blabbing away on any of the local or national networks, so I don't think it's fair that anyone blames the State. They HAVE to release the discovery docs to the defense BY LAW. They're not the one's publishing it. It's all public record once it's released. The State is just doing their job.

 

[Chezhire]

Okay, if a change of venue is granted- I understand that KC will be put in a much larger jail-

Since it was not the prosecution who wants the change of venue- then does KC go into general population? She is only in a protective cell as the proscecution has to keep her safe until trial. So does the defense then have to take responsibility for her safety?

No, any prison that intakes her has to maintain her safety per their standard procedures, which will likely include her being separated from gen. pop. as she has been to date in Orlando.

 

[gitana1]

Umm.........didn't Baez fight the gag order way back when? I'm confused again.

Bump! I hope the prosecution brings this up when they respond to the motion.

 

[FSU_Girl]

LOL! Alachua County is nice, but I'm pulling for Escambia, Santa Rosa, Okaloosa County or Walton county! :blowkiss: It won't happen though.

I'll take Bay County. :wave:

 

[UCFAlumni2002]

Anytime anything happens with the Caylee case (i.e. docs released, change of venue motion, court hearing, etc) it is shown on the local news down in S FLA... not to mention that Miami has a large hispanic population and yet you are claiming that the person who took and killed precious Caylee is a hispanic woman named ZFG... hmmm.. I say keep it in Orlando.

 

[Chezhire]

I don't agree with the sunshine law and I don't apperciate the eye rolling. IMO I have never seen a case get this much spot light people are IMO turning it into a circus.... Not only the state her attorney but her parents as well.

Bolded by me, Chezhire.

The SA hasn't done a single thing, in my opinion, that merits saying they've contributed to the "circus." It's been Casey's family and her attorneys.

In fact, the SA filed for a gag order, which the defense opposed.

 

[Gloryrebel]

The name of the game is "Jury Nullification". OJ's trial was moved from his upper class region to downtown LA... result an almost all black jury, who refused to believe the evidence versus their black football hero. That is called jury nullification.

JB wants a Miami venue, where there is a huge Hispanic population, and hopefully they will lean over backwards for the first Hispanic lawyer to handle a big murder case. It may be his only chance to win. It worries me.

My feeling exactly. I have thought this from when he first said Miami. I lived there and it is nothing like Orlando. Tamp Tallahasse even the Panhandle is more like Orlando. I do believe the Judge will deny them and when and if they lose they will whine and cry that it was because they denied them. It is a win win filing for them. I hope the Judge come really down on them for not going with the gag order and the media coverage they have done. I hope he gives the defense a well deserved tongue lashing and then places a gag order.

 

[Kentjbkent]

I am curious of the timing of this change of venue. Coincidence that Baez announces this past weekend that he will file on Monday, just hours after the Orlando Sentinel asks him for comment on the story they will be breaking about his "bad boy ways" on Sunday? I wonder if Baez wants the change of venue to get away from the negative local media attention on himself? Is he concerned that a potential jury in Orlando will have negative personal feelings for him as a defense attorney that will negatively impact Casey?

Is this change of venue more about HIM than HER??

 

[RevCrim]

Bolded by me, Chezhire.

The SA hasn't done a single thing, in my opinion, that merits saying they've contributed to the "circus." It's been Casey's family and her attorneys.

In fact, the SA filed for a gag order, which the defense opposed.

I agree- JB and the A's use the media when it works for them- otherwise they are all against the media- They don't want a gag order as they needed to run off their chops when it suits them.
Prosecution has stayed away from the media.

 

[marla]

I don't agree with the sunshine law and I don't apperciate the eye rolling. IMO I have never seen a case get this much spot light people are IMO turning it into a circus.... Not only the state her attorney but her parents as well.

Did you catch the Scott Peterson trial, by chance?

 

[travelgal]

Forgive me if this has already been brought up, but I just wanted to share that JBaez was again very rude to Kathy Belich today at the press conference he orchestrated today:

WFTV-Channel 9's Kathi Belich stressed that Baez has been no slouch in seeking media attention. He has appeared on national programs and timed today's news conference to the top of 5 p.m. newscasts.

Belich tried to ask if he helped create that publicity problem.

She asked Baez: "How do you explain your complaints about publicity when you're the one holding news conferences all the time and going on national television?"

He said "excuse me" and started using his cell phone.

Belich's take on the situation: "He likes publicity as long as he likes what's being publicized. If he doesn't, not so much."

WHO DOES THAT REMIND YOU OF????? (The A's maybe??)

I love Kathi Belich she does not back down from JB and I will be sending her another e-mail expressing my KUDOS!! :blowkiss:

 

[autumnlover]

I am curious of the timing of this change of venue. Coincidence that Baez announces this past weekend that he will file on Monday, just hours after the Orlando Sentinel asks him for comment on the story they will be breaking about his "bad boy ways" on Sunday? I wonder if Baez wants the change of venue to get away from the negative local media attention on himself? Is he concerned that a potential jury in Orlando will have negative personal feelings for him as a defense attorney that will negatively impact Casey?

Is this change of venue more about HIM than HER??

Interesting point. I think it's about both of them. JB said it himself the day she was indicted: "Casey is Public Enemy Number 1 and I'm Public Enemy Number 2." He's like the A's, though. He just keeps making it worse for himself and his client every time he opens his mouth - which is a good thing, IMO! I'm just worried about jury nullification in Miami, as Sassy Frog pointed out earlier. Ever since OJ, I take nothing for granted. Judge Strickland definitely has JB's number though, so let's hope for the best.

BTW, does anyone know if a hearing has been set yet?

 

[RevCrim]

My feeling exactly. I have thought this from when he first said Miami. I lived there and it is nothing like Orlando. Tamp Tallahasse even the Panhandle is more like Orlando. I do believe the Judge will deny them and when and if they lose they will whine and cry that it was because they denied them. It is a win win filing for them. I hope the Judge come really down on them for not going with the gag order and the media coverage they have done. I hope he gives the defense a well deserved tongue lashing and then places a gag order.

I am in total agreement with you and- a COV to Miami could backfire on the defense- it's not about a Hispanic attorney- JB is trying to drum something up there- Hispanic's are a very proud people and JB is not setting a good example. He is using a double standard. He's the only one saying anything about his being Hispanic, which no one else has made any comments about him being Hispanic, yet it's okay by him to allow his client to accuse a single Hispanic mother of such a hedious crime. Where's his outrage over that?
It's about accusing a hispanic of kidnapping and murdering a little child. Remember the Susan Smith case?
The Hispanic community may not want KC in South Florida.
JB- it's not about you- it's about justice for a little girl named Caylee- get off your ego trip.

 

[Marina2]

The name of the game is "Jury Nullification". OJ's trial was moved from his upper class region to downtown LA... result an almost all black jury, who refused to believe the evidence versus their black football hero. That is called jury nullification.

JB wants a Miami venue, where there is a huge Hispanic population, and hopefully they will lean over backwards for the first Hispanic lawyer to handle a big murder case. It may be his only chance to win. It worries me.

Exactly right. His motive for obtaining a COV is jury nullification. He wants S. Florida for the Hispanic population. While waiting for a COV ruling he's blasting the media with accusations of racism...racism towards Hispanics! The jury he hopes to get will ignore every piece of evidence against KC because the media persecuted JB for being Hispanic.
No matter how stupid he sounds playing the race card he'll continue because it's his only chance. I expect him to cry racism even louder if he is granted the COV to S. Florida.

Does he really think this will work for KC like it did for OJ? Baez is a very unlikeable person...his client even more so. OJ was a hero to many for years and years before he became a defendant in a murder case.

If I were KC, I'd be scared, really scared.

 

[panthera]

Anytime anything happens with the Caylee case (i.e. docs released, change of venue motion, court hearing, etc) it is shown on the local news down in S FLA... not to mention that Miami has a large hispanic population and yet you are claiming that the person who took and killed precious Caylee is a hispanic woman named ZFG... hmmm.. I say keep it in Orlando.

It also has a large Hispanic population who are very family-oriented and would not approve of Casey's partying lifestyle before and after Caylee went missing and especially not reporting Caylee missing until her mother cornered her 31 days later. And JB's supposed to be from Miami and worked for the PD's office?? :waitasec: MOO

 

[panthera]

Exactly right. His motive for obtaining a COV is jury nullification. He wants S. Florida for the Hispanic population. While waiting for a COV ruling he's blasting the media with accusations of racism...racism towards Hispanics! The jury he hopes to get will ignore every piece of evidence against KC because the media persecuted JB for being Hispanic.
No matter how stupid he sounds playing the race card he'll continue because it's his only chance. I expect him to cry racism even louder if he is granted the COV to S. Florida.

Does he really think this will work for KC like it did for OJ? Baez is a very unlikeable person...his client even more so. OJ was a hero to many for years and years before he became a defendant in a murder case.

If I were KC, I'd be scared, really scared.

Even though JB is Hispanic, his client is Caucasian and his client is blaming a Hispanic "nanny" for abducting and murdering her child. I don't think it will work at all. I also feel the jury would be insulted by this tactic. MOO

eta ~ I also believe the Judge may try to seat a jury in Orange Co. before ruling on this motion.

 

[ecs5298]

I understand how the jury nullification thing worked in the OJ trial. So how is that going to work putting up a middle class Caucasian that accused a Hispanic woman of kidnapping and killing her child in front of a jury made up of mostly Hispanics. Shouldn't they be targeting a jury demographic of narcissistic 20something's who boink anything that moves and who only care about partying?