2010.07.15 Defense motion to protect phone call of Robin Lunceford

[ThinkTank]

I would hope that if not immediately JB would be able to figure out pretty quickly that he was receiving a call from someone in jail. Heck isn't receiving calls from someone in jail a major element of his business? One would think that he would be familiar with a few of the key elements of doing so?

Yes... that ... AND .... an EX-Inmate called Baez FIRST to let him know that INMATE Robin L. would be calling him later (through the forwarded call system). He KNEW he was getting a call from an INMATE currently incarcerated in a prison.

He was just hoping that the Inmate had enough sense to be really really sneaky and somehow get around the prison phone recording system. As he said in his motion, sometimes "counselors" (lawyers) let Inmates make non-recorded calls, and sometimes Inmates get their hands on a cell phone that was smuggled in to them.

JB knew he was receiving a call from an INMATE in a prison, and he knew it was WRONG because he was not on this Inmate's authorized calling list.

excerpt from JB's motion: "Baez says the Court may know that all calls are not recorded when coming from a Correction Institution. Many times inmates have access to telephones specifically designed for contact with attorneys and sometimes counselors allow inmates to make non-recorded calls, and on certain occasions inmates obtain contraband cell phones."

 

[ThinkTank]

Judge P read JB's motion at the end of the Hearing on Thursday, and Judge P's only concern at that time, was WHO RECORDED the telephone conversation? The INMATE? or the Prison?
LDB said the institution made the recording.
In my mind that means it is not an illegal recording.
JB is trying to say it is illegal because HE did know his conversation was being recorded. But, he SHOULD have known, or assumed that it "may" be recorded.
I don't know if it will fall under the attorney's "work product" though?

 

[Just Jayla]

Jose could be boxing with a straw man on this one-Not sure what makes him think that the state will even give much weight to Maya or RobinA, as they are both convicted felons. JB seems to believe that everything the state releases in discovery is the next cornerstone of their argument...not so, I think, they just need to turn over what they have to him and the public, as Judge P stated, because the trial could be compromised if something comes up later and the state did not hand over info to the defense.
If the state did not gather the info from Maya and Robin, JB surely could have, and he could have used them to his advantage (especially if they are liars as he claims). But LDB doesn't need to play the games JB needs to play, she has a solid case-with or without these two ladies-Robin's letters are more a study in human interest than she is a lifeline for the state...Maya is a bit different, but I still don't see LDB and JA using her to support the testimonies of the detectives and the forensic evidence.
Keep on fightin the dopey fight, JB. Waste of paper, I say.

 

[Sun]

Good question. Does it count if the secretary hears it is being recorded, but forgets to tell the attorney when she forwards the call???

I would LOVE to hear this, of course. But kind of doubt that we will.

What is interesting, and hypocritical, is that they want the Joe Jordan recording - with their own investigator - UNSEALED, but of course want to SEAL anything Baez says. :waitasec:

Or perhaps the call was first forwarded to the secretary, thus keeping her from heaing the "this call may be recorded" message? In Baez's quest to keep the State from listening to the call, or the Prison or State from releasing the call, will there now have to be an investigation before this motion can be argued. Phone records obtained? Witness statements? ....is all Baez doing "buying time" or delaying?

I find Baez's accounting of how the call happened, a lot like one of Casey's stories. Someone else is to blame.

 

[Star12]

(abbreviated by me)

well, the defense are only now getting some discovery from back in 2008, so....

seagull, if you are speaking of the tips, IIRC HHJP told Baez that those tips have been sitting there waiting for him, and he could pick them up anytime, That the JAC would pay for them.

IMHO, Baez is such a pathetically transparent piece of work.

 

[The World According]

The phone call which was recorded, was apparently recorded by the Correctional Institution which Inmate Robin L. is in (for life). Inmate Robin made a phone call to an EX-Inmate, and that ex-inmate called Baez, then forwarded a call from the Jail where Robin L. is, to Baez.

The recording of the call by the Correctional Institution was not illegal.

The fact that Inmate Robin tried to sneak around jail rules and have a call forwarded to someone who is NOT on her approved calling list (JB), is what was illegal.

http://www.orlandosentinel.com/news...y-anthony-phone-call-20100716,0,5899394.story
excerpt:
"Her latest disciplinary report involves incidents on May 31 in which she used another inmate's phone rights to contact an ex-inmate. "Inmate Lunceford made several requests to have calls forwarded to persons that are not on her assigned calling list," and the ex-inmate agreed, according to that report.
It could not immediately be confirmed if any of those were the calls forwarded to Baez in May, but if they were, state Corrections spokeswoman Gretl Plessinger said Baez would not have heard the recording identifying the call coming from the prison."

Don't worry. You initial response is correct. The look on the judge's face when he was told indeed the recording Jose is speaking of was not done by an individual, but done by the correctional institution tells you how this is going to pan out.

This is just another example of Jose playing dumb. He knows the jail can, will and indeed must release the tape. We'll get to hear it. All this silliness is..is a delay, a waste of the court's time and the taxpayer's money.

 

[The World According]

What gets me is the nerve of JB for fighting to have the conversation suppressed, however in his motion itself he writes the part of the conversations HE wants to make public "Lunceford along with Maya Derkovic conspired with Adams to possibly benefit by lying to the State about Casey Anthony,".

In other words suppresses all the parts of the conversation that might show him in some misconduct, but publicizes the one statement he want every one to know.

Indeed that was the entire goal of the entire motion, just to get that sentence in the local, state and national media. The judge knows. It is like a fly you keep trying to swat, it is annoying, but can do no real harm, so you just remain calm and continue on. Love this judge. How he keeps from laughing is a wonder.

 

[beach]

This whole motion by Baez smacks of desperation. There must be something really awful on that call. JMO

IMHO, I think what is so awful on that call is it incriminates Jose Baez. He obviously knew he was talking to an inmate so he should have assumed it was being recorded. If he spoke during that conversation as if he thought it was private and not being recorded, then he knew it was being forwarded through a 3rd party.


I have not had a chance to read links, but fwiw, I think the SA probably found out about this through whatever agency is investigating Robin Lunceford's illegal phone calls. just a thought...

 

[LambChop]

Plus the fact that there are similarities between the two cases. Acting as if there is something to hide makes us wonder.....is there something to hide??? Which if the tape is not released would lead to speculation. Oh, Jose, what did you say????? jmo

 

[Steely Dan]

I think what is so awful on that call is it incriminates Jose Baez. He obviously knew he was talking to an inmate so he should have assumed it was being recorded. If he spoke during that conversation as if he thought it was private and not being recorded, then he knew it was being forwarded through a 3rd party.


I have not had a chance to read links, but fwiw, I think the SA probably found out about this through whatever agency is investigating Robin Lunceford's illegal phone calls. just a thought...

I think his fear has almost nothing to do with KC's case but is about there being a good chance he would be disbarred for whatever is on it. JMO

 

[countzero]

I think his fear has almost nothing to do with KC's case but is about there being a good chance he would be disbarred for whatever is on it. JMO

:waitasec: When will JB and crew learn ya can't do a cya with mirrors and smokescreens ..... it only works in a Las Vegas show.

 

[cecybeans]

the similarities really are strange, even down to the name Lazaro.
So this Gz got out of jail in Jan 2008?
Doesn't match the supposed description (at least the age) of KC's ZFG, or the way GA and CA said they'd been told ZFG looks (like a "10" etc)... but still. The similarities are strange.
That case is heartbreaking.
Well, food for thought for sure.
Did it really say the child's body was found by a Florida Power & Light Co. employee?

I assume you are saying food for thought because KC might have read about this and duplicated it for her own imaginanny story. It's certainly possible. IIRC, CA or somebody early on said that KC was always plugged into current events.

 

[Snaz]

I haven't been able to read the complete thread on this, so please forgive me if this has already been mentioned.

JB states in his motion, "While it became known that Robin Lunceford was calling from a Correctional Institution, the undersigned counsel was never made aware the call was being recorded ......"

So doesn't that blow his argument right out of the water? He MAY not have received the notification at the beginning of the call (maybe his secretary neglected to mention it to JB when she transferred the call to his cell?), but he KNEW the caller was an inmate at a correctional facility, hence, calls WOULD be recorded, as he knows from his own client, KC Anthony.

IMO, he has no valid argument that he was not aware the call was being recorded.

 

[Numbers]

I think his fear has almost nothing to do with KC's case but is about there being a good chance he would be disbarred for whatever is on it. JMO

Well, now, *that* would make life interesting, wouldn't it?

Jose, your desperation is so transparent.

 

[sleutherontheside]

OK....Help me remember if forensics on the computers did or did not in fact show searches of missing childrens sites. BEFORE June 15, 2008.

Since the "Olivia" party associated with the Baby Lollipops case was released in January of 2008 that story would have been refreshed in the media. Does make you wonder if in fact KC found this story......thought hey here's an idea......AND wondered if hmmmmmmmmmmm

 

[RR0004]

RR my friend! For the first time I disagree with you. I thought Maya seemed very credible.
I do agree with you though that the SA probably wont use her testimony. There's much more damning evidence.

I just can't buy the idea that Casey would share the info about the chloroform.There's just no substantiation that the State can put forward (that we know of). I can't begin to think like a criminal, but IMO there must be something in it for her to share this info with LE. Maybe I've watched too many crime shows. LOL
oxoxoxo

 

[RR0004]

OK....Help me remember if forensics on the computers did or did not in fact show searches of missing childrens sites. BEFORE June 15, 2008.

Since the "Olivia" party associated with the Baby Lollipops case was released in January of 2008 that story would have been refreshed in the media. Does make you wonder if in fact KC found this story......thought hey here's an idea......AND wondered if hmmmmmmmmmmm

Nope...not before June 15th according to our "experts".
But, I was just wondering this morning if we ever got proof of what Casey deleted off the computers prior to being arrested. Gotta put a shout out to BJB.

 

[countzero]

Too bad there wasn't a Neilsens rating box connected to their cable for those months. TruTv, Insession or A&E and others could have been watched in the A compound.

I do know that Directv keeps track of the shows each receiver is tuned to for marketing and fees. So does FIOS, so perhaps Comcrap and other providers do as well. It's not specific, just a snapshot of the channel choice.

 

[RR0004]

I haven't been able to read the complete thread on this, so please forgive me if this has already been mentioned.

JB states in his motion, "While it became known that Robin Lunceford was calling from a Correctional Institution, the undersigned counsel was never made aware the call was being recorded ......"

So doesn't that blow his argument right out of the water? He MAY not have received the notification at the beginning of the call (maybe his secretary neglected to mention it to JB when she transferred the call to his cell?), but he KNEW the caller was an inmate at a correctional facility, hence, calls WOULD be recorded, as he knows from his own client, KC Anthony.

IMO, he has no valid argument that he was not aware the call was being recorded.

I think the sticky point here is that the actual call was made to another party who then forwarded it on to Jose (by way of his assistant). So the first person received the notification, but from there the only thing that may have identified the caller was the person identifying herself and what the call was in regards to. For the assistant to have forwarded the call to Baez, I would imagine they received pertinent info...such as name, location, and relationship to Casey (ie., fellow inmate). SOMETHING had to perk the assistant's interest to forward the call. I also wouldn't imagine them doing that if they hadn't already called Baez (on another line) to relay the caller's info. Now, if Baez wasn't smart enough to ask a) how did the person get his number, and b) where they were calling from, then bad on him. I remember reading recently about the guard who was let go. She supposedly had also asked for Baez's business card. I find something fishy with all that (see below). Somehow I see the two-the passing of cards and the phone call- interconnected. I think Baez should be very worried.

ETA: above post heavily edited.

ETA: I went back to find the article that TWA had posted about the firing of the guard, but couldn't find it. The guard I referred to was the same one who passed the letters. And according to the excerpts I've found about her firing, the guard was the one who supposedly asked Baez for his business card to pass on to Robyn. Now, I have a problem with that. Mainly...I don't think she would ask an attorney for his card out of the blue. I don't care what her relationship was with Robyn...knowing that Robyn was friendly with Casey why would there be a need to ask Baez? Why wouldn't Casey get Robyn the info way back when? Maybe I have the timing off...but I definitely think there is something WAY OFF here. Does anyone remember hearing about the guard and the business card before July 4th? Because it was news to me.

 

[Steely Dan]

I haven't been able to read the complete thread on this, so please forgive me if this has already been mentioned.

JB states in his motion, "While it became known that Robin Lunceford was calling from a Correctional Institution, the undersigned counsel was never made aware the call was being recorded ......"

So doesn't that blow his argument right out of the water? He MAY not have received the notification at the beginning of the call (maybe his secretary neglected to mention it to JB when she transferred the call to his cell?), but he KNEW the caller was an inmate at a correctional facility, hence, calls WOULD be recorded, as he knows from his own client, KC Anthony.

IMO, he has no valid argument that he was not aware the call was being recorded.

He's desperately grasping at straws hoping somehow somebody will buy this.

OK....Help me remember if forensics on the computers did or did not in fact show searches of missing childrens sites. BEFORE June 15, 2008.

Since the "Olivia" party associated with the Baby Lollipops case was released in January of 2008 that story would have been refreshed in the media. Does make you wonder if in fact KC found this story......thought hey here's an idea......AND wondered if hmmmmmmmmmmm

I wondered the same thing.