2010.04.30 Defense responds to JS order stepping down

[affinity]

I am curious about what consequence filing of this response to JS recusal there could be for the defense team. I have seen people allude to Judge Perry taking some action, and others mention the Bar.
I am not too familiar with the rules and laws governing attorneys, but could there be some "blow back" to the defense for filing this motion?
TIA

diz, this is what I was wondering.

I read the entire "response" to Judge Strickland's order (to step down). WELL. I have nothing whatsoever to do with lawyers, courts, Judges, protocol..I am just a ordinary joe....but even I had to say to myself--holy cats, is this suicidal or what??

I know that Cheney Mason can be considered a "short timer" because he is retiring and this case is purportedly his swan song. He apparently wants to employ this damn the torpedos style to become the F. Lee Bailey of this trial. I mean. What lawyer argues with a Judge about the Judge's "insults" as his motion was granted? Mason may think this lengthy "pithy" response shows his steely nerves..but instead it reveals that his schoolgirl feelings were hurt. It escapes no one.

F. Lee Bailey did indeed get OJ acquitted. But that is was the very last time F. Lee Bailey was considered a brilliant lawyer. F. Lee Bailey's life became total crap after his "swan song". Not to mention Mr. Mason is no F. Lee Bailey in the first place--he can't become one now just just because he apparently no longer cares what becomes of his legal career.

 

[Tulessa]

Cm was only responding to the things that Judge Strickland put in his motion that were unnecessary. Judge Strickland had opportunity to just acknowledge the law and step down. He added what needed not be added. I think it is important that the record is set straight.

Why would Judge Perry care one way or the other? This is not his battle and certainly he can not allow it to have any bearing on the case. Judge Strickland admitted his wrong doing, he stepped down. End of story as far as he is concerned. For Judge Perry to allow this to effect his decision making is to say it is not over, Judge Strickland is still causing affect on the case. IMO

I love WS for this simple reason, we have to back up what we say with proof! Where is this in writing? Please provide a link to where he admitted wrong doing. If you don't have one then I think you owe This HONORABLE Judge an apology.

 

[KeyboardCat]

I don't understand the reason for this motion. I guess my limited legal understanding lead me to believe motions are to be written to compel the court to perform an action or decide upon some outstanding issue. The only thing I read there is an "objection" to Judge Strickland's motion recusing himself. So it would seem any "objection" would be a moot point >.>

 

[autumnlover]

The defense reminds me of CA. They have to have the last word. It doesn't seem to make a difference to them that they're hurting their client even further, just like Cindy.

 

[Bobbisangel]

If any of those big shot attorneys had any sense they would have accepted that they got what they wanted and let it go. They are like a bunch of kids who haven't got the sense to shut their mouths when it is smartest to shut it.

I hope Cheney is having "FUN" cause I have an idea this case is just going to get to be more and more fun. Wonder if he will still be having fun when Casey gets the death penalty or LWOP. I think he thought he was going to join the defense team and just straighten out the whole thing...win the case and go off smiling into the sunset. If he has read all of the evidence he knows better than that now. Old man and his ignorant arrogant sidekick.

 

[Schmerty_Jones]

If any of those big shot attorneys had any sense they would have accepted that they got what they wanted and let it go. They are like a bunch of kids who haven't got the sense to shut their mouths when it is smartest to shut it.

I hope Cheney is having "FUN" cause I have an idea this case is just going to get to be more and more fun. Wonder if he will still be having fun when Casey gets the death penalty or LWOP. I think he thought he was going to join the defense team and just straighten out the whole thing...win the case and go off smiling into the sunset. If he has read all of the evidence he knows better than that now. Old man and his ignorant arrogant sidekick.

There are none so blind as those who will not see:banghead: As a defense attorney,having fun is the last thing on the agenda in a Death Penalty case.
JS IS A CLASS ACT. The defense would be well advise to notice his decorum & act accordingly. I am sure their emotions will not be fun and games as the case progresses under His Honor B. Perry , winding it's way to Casey Anthony's death chamber!

 

[affinity]

I don't understand the reason for this motion. I guess my limited legal understanding lead me to believe motions are to be written to compel the court to perform an action or decide upon some outstanding issue. The only thing I read there is an "objection" to Judge Strickland's motion recusing himself. So it would seem any "objection" would be a moot point >.>

No kidding, keyboardcat! WTH! I may have stopped reading before I got to the part where he writes what he wants now? Is there a remedy? Does he want JS to apologize or be sanctioned for insulting him?

 

[ynotdivein]

Here's a question for your ydontdivein and anyone else who might see this.

Mason has only been on the case for a couple of weeks. And yet, I genuinely believe he is the author and instigator of two of the biggest "fall face first in the mud" actions the Defense has pulled this year.

First, cause he wanted to be the big hero, I think it was his idea to write the motion to recuse Judge Strickland.

And second, I think he's the one who wrote the reponse to the recusal order.

And we were commenting why he had nothing to say after the court hearing and just minced past the cameras? And why he just sat there and wasn't really part of the defense "unit"?

I think Bah-ezz had a temper tantrum - a huge one when he saw the public reaction to JS recusing myself, and blew his top again when Judge Perry took the case.

Today, clearly, Casey looked PO'd at the conclusion of the hearing. I think she said to Baez - you've got some splainin to do, woodchuck.

IMO - I think Baez & Lyon(s) told Mason to "Zip It"!

Ahh. You make me think of the Wizard of Oz. (Loud and booming/on-mic): "I am the great and powerful..."
(oops can't carry on the charade, normal voice now): "...Wizard of Oz."

What I would not give to know what KC snarled to JB at the end of that hearing. Perhaps "Fetch my ruby slippers"?

Logicalgirl methinks you may be on to something.

 

[affinity]

Ahh. You make me think of the Wizard of Oz. (Loud and booming/on-mic): "I am the great and powerful..."
(oops can't carry on the charade, normal voice now): "...Wizard of Oz."

What I would not give to know what KC snarled to JB at the end of that hearing. Perhaps "Fetch my ruby slippers"?

Logicalgirl methinks you may be on to something.

did we see her snarl something?

I agree that Mason was 100% subdued during the hearing.

 

[RR0004]

did we see her snarl something?

I agree that Mason was 100% subdued during the hearing.

It's at the very, very end.

 

[elementary]

Crybabies.

I'm guessing this is CM's childish way of getting even with Judge Strickland because JS called his bluff and recused himself, thus leaving the defence team hoist with their own petard.

 

[Woe.be.gone]

Butterfly1978 on one thread or another today sometime I'd questioned if one of our fine WS attorney's thought that JB might be slapped so to speak for a few of his "other" behaviors. Each and every day the list seems to grow.

In any case to me it just seems like childish behavior, not only that but it also unprofessional and disrespectful to Judge Strickland. Lastly IMO anyway, it does seem to be getting rather personal. It is almost as if JB et al are asking for it. Directly after court they hit trutv to sqwuak about how "professional" and "respectful", and "fair" Judge Perry was today in court. It was a direct slap in Judge S.'s face IMO! Almost like saying in fact that he was all of the above! Shame, shame Mr. Baez et al.

BBM ~ I couldn't agree more.

Also the fact that JB pointed out on camera to Judge Perry as the last thing that was said at the hearing that JP had mispronounced Lyon as 'Lyons'. My jaw dropped as I thought to myself 'that JB is a bafoon'. wth? One could always pass a note to 'enlighten' your superior rather than try to embarrass him on national TV. Unbelievable! I could care less if JB wants to make an arse out of himself but am wondering about his motives for doing so. Maybe he is that stupid.:waitasec:

I saw JB and CM on TruTV but could barely listen (and I'm someone who is holding out for the trial and am fighting the urge to put the cart before the horse) but I can't respect the way the Defense team is conducting themselves. No wonder CA and JB butt heads.

How do Lawyers get kicked off or loose their place on Defense teams in a case? Is that possible before a case goes to trial?

 

[Intermezzo]

Do you remember the exact day TM said that? Wasn't it forever ago?

BBM
RR, ask and you shall receive...... August 21, 2009


http://wdbo.com/common/pdf/orlando/FloridaMotiontoCompelReciprocalDiscovery.pdf

September 10, 2009 State filed Motion to Compel

 

[Woe.be.gone]

Cm was only responding to the things that Judge Strickland put in his motion that were unnecessary. Judge Strickland had opportunity to just acknowledge the law and step down. He added what needed not be added. I think it is important that the record is set straight.

Why would Judge Perry care one way or the other? This is not his battle and certainly he can not allow it to have any bearing on the case. Judge Strickland admitted his wrong doing, he stepped down. End of story as far as he is concerned. For Judge Perry to allow this to effect his decision making is to say it is not over, Judge Strickland is still causing affect on the case. IMO

My opinion on this is because a person can only take so much. Afterall, we're all just human beings. Plus, JS is probably not even quilty of how the Defense is portraying the situation to be but, since it is what it is along with the other circumstances (civil court duties, etc.) it's best he step down. The Defense never seemed to cooperate fully with JS imo - all those motions, the same ones again and again, etc. I'm learning as I go here but when others have pointed out certain rules, I understood them upon hearing them and I'd be thinking 'how could JB not know that when he's already in that world?' :waitasec:

 

[Intermezzo]

I will agree that the defense thinks Kc is innocent and they are sure to say so. That is their job.

The defense must poke holes in the states case. It is the state bringing these charges. The defense is not required to show any proof of anything. I am in the minority on this forum and I will give my opinion. The state said today that they were satisfied with the discovery. That is a supported fact.

Kc acted as though she did not know of that Caylee was dying or missing. This is supported by the party pictures and her actions. Her story for what it is worth, is still the only story that makes any sense. IMO

I believe she has many more facts, however the state chose to arrest her and charge her very early on before they had enough facts. That is the way it works. They made their choice and now we are all dealing with it.

There are many clues from the defense, however there is very little respect for the defense so not many listen to the powerful words that have been said. I do.

We are not anywhere near the whole truth in this case and not in any position to have a biased Judge. We need a firm Judge, a fair Judge, an impartial Judge to get to the whole truth. I believe at this point in time on this day, from what I saw today, that this Honorable Judge is an agent of the whole truth. Both sides win today, this is a good day for everyone. IMO

BBM
NTS, I believe you are incorrect

http://wdbo.com/common/pdf/orlando/FloridaMotiontoCompelReciprocalDiscovery.pdf

Sept.10, 2009 Motion to Compel Reciprocal Discovery filed by the State of Florida

Point 5 &6
It states that on October 15, 2008 Casey filed her Notice of Intent to Participate in Discovery and that the details of the Defendant's obligation for reciprocal discovery can be found at Florida Rule of Criminal Procedure 3.220(d).

Casey does have an obligation to provide the State Prosecutors with Discovery contrary to your statement above in bold.

1)Names and addresses of all witnesses whom the defendant expects to call witnesses at the trial or hearing and the statement of those persons listed.
2) Reports or statements of experts made in connection with the particular case including results of physical or mental examinations and of scientific tests, experiments or comparisons
3)Any tangible papers or objects that the defendant intends to use at trial"

 

[thedeviledadvocate]

I have liked JS from the start. Up until reading the motion in the first post in this thread, the only thing JS had done that disappointed me was way back, when he said something like Miss Anthony and the truth are strangers. While that may very well be true, I always felt it was inappropriate for a Judge to say this in court, admittedly though, I laughed just as hard as everyone else when I heard it.

I still like JS, he has a likeable personality. I find the whole chain of events that led to his stepping down to be unfortunate. Obviously, he made a couple of poor choices, and then compounded his problems by saying a few things that would have been better left unsaid.
He is a judge, after all, and we all have a high expectancy of professionalism from a judge.

It bothers me immensely that we now have a judge stepping down this far into a criminal case, especially since I like JS so much. I do, very much like the new judge as well, and I do believe he will be fair. He is a stickler for rules and schedules which I think this case sorely needed. I am hoping he will be able to save the situation, and eliminate any appeals from the defense, should KC be convicted, at least in regards to a judge stepping down at this point in the case.

To me as a layman, it seemed that all the motions JS had ruled on were pretty much legally sound. I do not know if the new judge will review the past motions or not, do any of our lawyers here know if he will? I am very confident he will do whatever he feels necessary to ensure that the defense will not be able to appeal, should KC be convicted, on anything JS has already ruled on. This seems to be somewhat of a sticky situation for the new judge, but it is a position I am certain he can and will handle quite well. As always with my posts, my entire post is my opinion only.

 

[logicalgirl]

I have liked JS from the start. Up until reading the motion in the first post in this thread, the only thing JS had done that disappointed me was way back, when he said something like Miss Anthony and the truth are strangers. While that may very well be true, I always felt it was inappropriate for a Judge to say this in court, admittedly though, I laughed just as hard as everyone else when I heard it.

I still like JS, he has a likeable personality. I find the whole chain of events that led to his stepping down to be unfortunate. Obviously, he made a couple of poor choices, and then compounded his problems by saying a few things that would have been better left unsaid.
He is a judge, after all, and we all have a high expectancy of professionalism from a judge.

It bothers me immensely that we now have a judge stepping down this far into a criminal case, especially since I like JS so much. I do, very much like the new judge as well, and I do believe he will be fair. He is a stickler for rules and schedules which I think this case sorely needed. I am hoping he will be able to save the situation, and eliminate any appeals from the defense, should KC be convicted, at least in regards to a judge stepping down at this point in the case.

To me as a layman, it seemed that all the motions JS had ruled on were pretty much legally sound. I do not know if the new judge will review the past motions or not, do any of our lawyers here know if he will? I am very confident he will do whatever he feels necessary to ensure that the defense will not be able to appeal, should KC be convicted, on anything JS has already ruled on. This seems to be somewhat of a sticky situation for the new judge, but it is a position I am certain he can and will handle quite well. As always with my posts, my entire post is my opinion only.

I believe Judge Perry (and our Legal Experts have also opined) will find that Judge Strickland decisions re motions are all legally sound. The defense can challenge willy-nilly but JP made it very clear he will not spend much time on motion after motion just for the sake of it.

I think before Judge Perry ever walked into that courtroom in Friday he had touched every piece of paper having to do with this case, and has a very strong grasp of the case to date AND the players in the case.

To me that rapid chair jiggling (from rapid foot movement) signaled impatience to just get on with things - he already knows what has gone on, knows what should have gone on - and has outlined in his mind what will go on in the future as required by the laws of Florida. I don't think JP sees this as a complicated case. And he's your classic type "A" kind of a guy.

Kind of like the old TV show - just give me the facts m'am.

 

[thedeviledadvocate]

I believe Judge Perry (and our Legal Experts have also opined) will find that Judge Strickland decisions re motions are all legally sound. The defense can challenge willy-nilly but JP made it very clear he will not spend much time on motion after motion just for the sake of it.

I think before Judge Perry ever walked into that courtroom in Friday he had touched every piece of paper having to do with this case, and has a very grasp of the case to date AND the players in the case.

To me that rapid jar jiggling (from rapid foot movement) signaled impatience to just get on with things - he already knows what has gone on, knows what should have gone on - and has outlined in his mind what will go on in the future as required by the laws of Florida. I don't think JP sees this as a complicated case. And he's your classic type "A" kind of a guy.

Kind of like the old TV show - just give me the facts m'am.

ITA

In addition, I think if there is no merit to this motion by CM, the new judge will make short work of it. For that matter, if there is any merit to it, I think the new judge will make short work of it.

 

[wonders]

Up until reading the motion in the first post in this thread, the only thing JS had done that disappointed me was way back, when he said something like Miss Anthony and the truth are strangers. While that may very well be true, I always felt it was inappropriate for a Judge to say this in court, admittedly though, I laughed just as hard as everyone else when I heard it.


Respectfully Snipped and Bolded By Me.

I was also uncomfortable with that statement too. I thought that maybe Judges were able to say what they wanted to when they wanted to. Now I know he shouldn't have said certain things. Like when good ole boy Mason asked if JS trusted him, JS maybe should have said Mr Mason and left it at that KWIM? I believe that the asinine banter that has been going on at the hearings such as the oranges thing and Baez's saying something to the efffect of letting KC out of jail and everyone talking over each other will be a thing of the past. IMO it was so refreshing to see that JP will take control of his court room and I was very pleased when the Judge was talking and JB was speaking to KC and JP said Mr Baez. I am really learning so much from this case.
As far as the Judge adding an S on AL's name, I think JB feels superior to everyone and maybe he was trying to get back at JP for saying Mr Baez when JB was talking to KC in the middle of the Judge speaking. JB needs to buy a Being Tactful for Dummies book as he could have alerted the Judge to the correct way of saying and spelling AL's name in another tactful way. I would hate to see KC get an appeal on something so minor as a name being mis-said or mis-spelled KWIM?

 

[LambChop]

The courtroom belongs to the judge. It is his courtroom. He makes the rules. Any form of disrespect to the judge is disrespect towards the court. When a judge is talking the last thing you do is talk to your client when you are suppose to be listening to the judge. JS is a judge. CM was very disrespectful of both JS and the courtroom with his comments at the hearing. By CM's response to JS's Order one would have to guess that maybe the motion to recluse may have been a payback from another run in with JS in the courtroom. If so CM dealt KC a grave disservice. JP probably has more insight into what is going on than he would acknowledge.

What really surprised me was JB's comment to KB, after his "news media update" on Friday, about holding the trial in Miami because of the large hispanic population. JB told KB he did not think that was a problem. You have KC saying her hispanic nanny stole her child but it's okay because KC can forgive her. Oh, yea, that would go over well. Then there's GA hooking up with RC. I don't see a hispanic jury receiving this information very well. So why would JB even think about doing this unless it has to do with an appeal process. JB claims Miami has seen worst. How is it possible when the whole nation thinks this is the worst possible crime? jmo