2010.08.24 Defense Motion to Silence the Media

[Intermezzo]

Baez has NO ONE, NO ONE to blame for this but himself...Baez and the Anthony's fought the Gag Order that the State Prosecutors wanted on this case back in 2008!!

http://www.wftv.com/news/18141523/detail.html

Casey Anthony's Attorney Fights State's Gag Order Request

Posted: 8:00 am EST November 25, 2008Updated: 10:34 pm EST November 25, 2008

ORANGE COUNTY, Fla. -- The case against Casey was back in court Tuesday as the state tried to slap a gag order on the Anthony family and on Casey's attorney, Jose Baez.

The defense team tried their best to speed up the process of obtaining evidence, but seemed bogged down by their own motions (read all motions), at times seeming to not understand what they were arguing about in court.

INSIDE THE COURT: Images From Court Hearing
WATCH HEARING: Raw Video Of Full Hearing

"It's just a hearing and we're hoping the judge will allow us to continue to talk," Cindy Anthony told Eyewitness News as she entered the courtroom Tuesday.

It promised to be a long afternoon and it delivered. Jose Baez squared of against very critical prosecutors, who want a gag order to protect Casey from her own attorney, basically begging the judge to shut Baez up.

"He's basically telling jurors, 'My client lied to the police.' That is not helpful to the defendant," prosecutor Jeff Ashton argued in court Tuesday.

Baez used case law to argue he could fight his case any way he wanted.

"The court, in Gentile v. Nevada, laid it out clearly that lawyers have First Amendment rights, too," Baez said.

An attorney for the sheriff's office pointed out that documents Baez complained about not receiving were held up by a $980 copying bill Baez hasn't paid considers a rip-off.

"The State Attorney might want to look into this, because it looks like a scam," Baez said.

Baez also wanted the judge to order the FBI to allow re-tests of hair samples, but Baez forgot to notice federal attorneys about Tuesday's hearing.

Although Baez lost most arguments, he took the opportunity to lash out at the prosecution.

"It's a whole lot of hot air and not a lot of law," Baez said.

The gag order motion took the most time in court and the judge did not rule on that. He suggested he'd rule Wednesday afternoon, allowing more written arguments as late as noon Wednesday."

 

[Intermezzo]

This is a high profile case, the defense knows this - they have been sticking their faces in front of cameras for a long time now. IF the same requests were made to the Jail in reference to other inmates, and these requests were refused, the defense MIGHT have a point.

As to the records on how the defense is spending Florida Tax Payers money - well as a Florida Tax payer, I want to see how every dime is spent and what it is spent on. the defense is putting this trial front and center with their antics, they have been dragging this out for the last two years. If they don't want the intense scrutiny, have her plead out and put an end to it. It's in their hands, they chose this route - so now they have to pay the tolls and live with it.

AND How many times has Judge Perry 'reminded' JB that he has no jurisdiction over the jail? I can remember at least two different times, guess JB was not listening again.

BBM
I totally agree..
:clap:

 

[logicalgirl]

Oh wow! that's just...wow!

Show of hands, who here predicts HHJP once again reminding JB that he has no leverage or power over the jail or sheriff nor the ability to address any issues that JB has regarding the jail and freedom of information requests? Put simply it is not the criminal courts domain to play in. Any such complaints or litigation should be taken up with the appropriate sheriff.

edit: OK I just reread it and I am completely flabergasted. he is not asking, he is DEMANDING that the judge not simply make a ruling, but overturn state law, while providing absolutely no supporting case law, citations, anything? Some reference no matter how vague or wrong that might support his claim that his clients 6th amendment right to buy cheetoes and a hairbrush supersedes the first amendment freedom of the press or the state of Floridas legislative imperative to maintain complete transparency in the process? does JB even own a copy of the Florida statutes? An active Lexisnexis subscription? Even by JB's usual standards this is a particularly bottom end piece of work.

Are we sure this is actually what he's AGAIN whining about - the cocoa and crackers, or is it in fact that ICA's latest visitors list is all over the net and we are speculating about what those folk are doing there, and who is paying for them since we know the JAC won't approve it.

That we are speculating about his latest defense "ideas" and maybe we are getting "warmer and warmer" and Baez doesn't like that?

Makes me want to stick my tongue out and chant "we know who she's see-ing, we know who she's see-ing" because his whole rant is so useless.
Third time Defense, the same answer - denied.

 

[QB.]

I saw the articles in the Today's News thread and thought, "not AGAIN!" This argument is SOOOOO OLD. :banghead:


They should move and apply for a license in another state that hasn't adopted the Sunshine Laws.

When I posted them I had to look twice at the dates of the news article just to be sure I was not posting old news, but there it was today's date beneath the headlines and so this old news is new news yet again.

 

[Intermezzo]

I don't see on Baez's filing, that proper "notice" was provided to "Orange County." Here is an earlier document that Baez should have put on his IPAD, so he doesn't forget AGAIN. :banghead:

Motion for Order Requiring Proper Notice to Orange County

http://www.ninthcircuit.org/news/Hi...Proper Notice to Orange County 10-15-2009.pdf

GREAT catch Sun
:clap::clap:

IMO Baez is purposefully wasting time, money and delaying this case when he FAILS to properly notify the proper parties involved after REPEATEDLY being informed to do so many times since July 2008 when he became Casey's lawyer.

I mean really can he be that thick in the head? IF so this is not the J.O.B for J.A.B :twocents:

 

[Woe.be.gone]

About the Sunshine Law - probably everyone but me has seen this before - it makes the points of the law pretty clear imo ~

http://www.myflsunshine.com/sun.nsf/sunmanual/E0E4BAB3DC07F363852566F30058FA9F

I'm still trying to figure out why or how a gag order can be/is offered in the first place. How does that offer fit in with the Sunshine law?

 

[Intermezzo]

Here is the link to the Prosecutions Motion for a Gag Order dated Nov. 6 2008.

http://www.wftv.com/download/2008/1106/17923487.pdf

 

[Intermezzo]

http://www.myfoxorlando.com/dpp/news/Judge_denies_gag_order_in_Anthony_case

Updated: Wednesday, 26 Nov 2008, 12:38 PM EST
Published : Wednesday, 26 Nov 2008, 12:38 PM EST


ORANGE COUNTY, Fla. (WOFL FOX 35, Orlando) -- Orange County Circuit Judge Stan Strickland has denied a gag order in the case against Casey Anthony.

The Court said they shared the State Attorney’s concerns about the amount and nature of the publicity, but it said it could not determine that the continued publicity would create a substantial and imminent threat to the trial.

Read Order Denying Gag Motion

The Court continued, writing that their only obligation is to protect the Defendant’s right to a fair trial. It decided that even if a gag order had been allowed, the publicity and media attention on the case would continue.

Anthony's next scheduled court hearing will be a pretrial December 11 at 9 a.m.


Motion hearing on Tuesday

Casey Anthony waived her right to appear before Orange Circuit Judge Stan Strickland during a gag order hearing on Tuesday. The proceedings had less to do with Casey than with public comments made by attorneys, witnesses and law enforcement surrounding the investigation into the disappearance of her daughter, 3-year-old Caylee Marie. The State Attorney's Office wants to restrict those comments, but the gag order would not include members of the Anthony family.

Assistant State Attorney Jeff Ashton said statements made to the media by defense attorney Jose Baez on the investigation and impending murder trial of his client, "creates an atmosphere where potential jurors are invited to make a decision" on the guilt or innocence of Casey Anthony. He went on to argue that this could have a detrimental effect on whether a fair trial could be conducted with an impartial jury.

Baez, along with lawyers representing the Orlando Sentinel newspaper and various Orlando television stations, challenged the gag order. "When this case started, I expected to be on the eleven o'clock news," said Baez. Citing U.S. Supreme Court precedent, Baez said the gag order wasn't necessary. "It's a whole lot of hot air and not a whole lot of law," he said, adding "when push comes to shove, I'm going to err on the First Amendment every time."

 

[Dear Prudence]

Can one of our Constitutional rights really be considered as more important than another? I don't get that. Our Bill of Rights is what we hold to be our most important principles, I don't see how they can say Casey's 6th amendment rights outweigh everybody else's 1st amendment rights. Has there been any legal precedent for this at all?

Part of the 6th amendment is the right to a public trial to ensure the government isn't trying to railroad you in secret. If the media wasn't able to report on this case, you know Jose and Casey would claim all kinds improprieties by the state.

And really who is embarrassed and humiliated by crackers and cocoa? I happen to like both very much.

 

[Intermezzo]

Here is the link for anyone that is interested in watching the hearing where Baez, the Anthony's and the Media fought the Gag Order Motion requested by the Florida State on November 25 2008

Prosecutors..http://www.wftv.com/video/18147900/index.html

 

[Woe.be.gone]

Baez has NO ONE, NO ONE to blame for this but himself...Baez and the Anthony's fought the Gag Order that the State Prosecutors wanted on this case back in 2008!!

http://www.wftv.com/news/18141523/detail.html

Casey Anthony's Attorney Fights State's Gag Order Request

Posted: 8:00 am EST November 25, 2008Updated: 10:34 pm EST November 25, 2008

ORANGE COUNTY, Fla. -- The case against Casey was back in court Tuesday as the state tried to slap a gag order on the Anthony family and on Casey's attorney, Jose Baez.

The defense team tried their best to speed up the process of obtaining evidence, but seemed bogged down by their own motions (read all motions), at times seeming to not understand what they were arguing about in court.

INSIDE THE COURT: Images From Court Hearing
WATCH HEARING: Raw Video Of Full Hearing

"It's just a hearing and we're hoping the judge will allow us to continue to talk," Cindy Anthony told Eyewitness News as she entered the courtroom Tuesday.

It promised to be a long afternoon and it delivered. Jose Baez squared of against very critical prosecutors, who want a gag order to protect Casey from her own attorney, basically begging the judge to shut Baez up.

"He's basically telling jurors, 'My client lied to the police.' That is not helpful to the defendant," prosecutor Jeff Ashton argued in court Tuesday.

Baez used case law to argue he could fight his case any way he wanted.

"The court, in Gentile v. Nevada, laid it out clearly that lawyers have First Amendment rights, too," Baez said.

An attorney for the sheriff's office pointed out that documents Baez complained about not receiving were held up by a $980 copying bill Baez hasn't paid considers a rip-off.

"The State Attorney might want to look into this, because it looks like a scam," Baez said.

Baez also wanted the judge to order the FBI to allow re-tests of hair samples, but Baez forgot to notice federal attorneys about Tuesday's hearing.

Although Baez lost most arguments, he took the opportunity to lash out at the prosecution.

"It's a whole lot of hot air and not a lot of law," Baez said.

The gag order motion took the most time in court and the judge did not rule on that. He suggested he'd rule Wednesday afternoon, allowing more written arguments as late as noon Wednesday."

So the gag order was to be placed upon the Defense team and the family regarding talking to the media. But they chose to want freedom to talk to the media ($$$$$).
I get it.

A gag order then would not affect the Sunshine Law. When documents are requested by anyone, they would still be made public - is that correct?
But people related to the case would be gagged from giving interviews and such, correct?

 

[denjet]

Well the irony is indeed rich.

Maybe if Baez hadn't spent all his time filing frivolous motions and just got on with taking depositions and working on the defense, he would feel more secure about the way this situation is unfolding. Just another sign of his fear of what is ahead for himself and his client come trial IMO.

Get serious Baez, stop skirting the big issue. Find something solid you can argue for Casey's benefit, and if you can't, if you really can't, then stop testing the patience of the court, have a good sit down chat with your client and start negotiating LWOP.

Avoidance issues anybody?

AMEN! Enough monkey business ... geesh ... I'm thinking Jose doesn't have a good handle (or any handle) on the case if he thinks KC's purchases of cocoa and bras are going to poison a potential juror pool ... or if he thinks can convince a judge that they are ...

But, as we all know, that's not really what Jose is worried about ... he thinks he's being slick because if he can get the commissary records private, he can slip in the visit logs too and no one will be the wiser ...

Maybe someone can answer this: When Judge Perry denied Jose's motion about this, didn't Judge Perry say something about it not being his jurisdiction and that it would be something for Florida Supreme courts to decide ??

Jose, quit being such a :loser: and save your brain cells for preparing for trial ... you don't have any to waste ...

 

[Woe.be.gone]

http://www.myfoxorlando.com/dpp/news/Judge_denies_gag_order_in_Anthony_case

Updated: Wednesday, 26 Nov 2008, 12:38 PM EST
Published : Wednesday, 26 Nov 2008, 12:38 PM EST


ORANGE COUNTY, Fla. (WOFL FOX 35, Orlando) -- Orange County Circuit Judge Stan Strickland has denied a gag order in the case against Casey Anthony.

The Court said they shared the State Attorney’s concerns about the amount and nature of the publicity, but it said it could not determine that the continued publicity would create a substantial and imminent threat to the trial.

Read Order Denying Gag Motion

The Court continued, writing that their only obligation is to protect the Defendant’s right to a fair trial. It decided that even if a gag order had been allowed, the publicity and media attention on the case would continue.

Anthony's next scheduled court hearing will be a pretrial December 11 at 9 a.m.


Motion hearing on Tuesday

Casey Anthony waived her right to appear before Orange Circuit Judge Stan Strickland during a gag order hearing on Tuesday. The proceedings had less to do with Casey than with public comments made by attorneys, witnesses and law enforcement surrounding the investigation into the disappearance of her daughter, 3-year-old Caylee Marie. The State Attorney's Office wants to restrict those comments,but the gag order would not include members of the Anthony family.

Assistant State Attorney Jeff Ashton said statements made to the media by defense attorney Jose Baez on the investigation and impending murder trial of his client, "creates an atmosphere where potential jurors are invited to make a decision" on the guilt or innocence of Casey Anthony. He went on to argue that this could have a detrimental effect on whether a fair trial could be conducted with an impartial jury.

Baez, along with lawyers representing the Orlando Sentinel newspaper and various Orlando television stations, challenged the gag order. "When this case started, I expected to be on the eleven o'clock news," said Baez. Citing U.S. Supreme Court precedent, Baez said the gag order wasn't necessary. "It's a whole lot of hot air and not a whole lot of law," he said, adding "when push comes to shove, I'm going to err on the First Amendment every time."

1st BBM ~ Oh I just read that the gag order would not have applied to the A family. What would be the point then? Ha!

 

[strawberry]

Are lawyers allowed to file the same arguments over and over again? No wonder the system is so clogged! Shouldn't he be out looking for the real Nanny?

 

[strawberry]

Are we sure this is actually what he's AGAIN whining about - the cocoa and crackers, or is it in fact that ICA's latest visitors list is all over the net and we are speculating about what those folk are doing there, and who is paying for them since we know the JAC won't approve it.

That we are speculating about his latest defense "ideas" and maybe we are getting "warmer and warmer" and Baez doesn't like that?

Makes me want to stick my tongue out and chant "we know who she's see-ing, we know who she's see-ing" because his whole rant is so useless.
Third time Defense, the same answer - denied.

B-I-N-G-O LG, you are so logical. THey state that they are hereby renewing all previous objections. The were rabid about wanting to hide who was visiting, which of course made us pay even MORE attention. That is exactly what has a bee in his bonnet. Unless of course ICA is wanting to order a bra....

 

[Amil]

I thought the defense fought the gag order. Would that have covered the other media coverage?

Seriously, having folks know what she orders from the commissary is so waaaaay worse that use all knowing that she allowed her daughter to die while in her care. Jose, don't you have more important things to focus on?

I was there when he fought the gag order. He was so opposed to that. The prosecution wanted a gag order.

 

[Woe.be.gone]

There is an exception to the Sunshine Law when it comes to revealing the identity of someone who has been the victim of abuse if I'm reading it right.

If the Defense is going to argue from that angle, could they be trying to use that exemption for protecting discovery?

I don't know what difference it makes because wouldn't it all come out during the trial anyway? Or do they think it would help KC to have a big surprise reveal at the trial? The Prosecution must be told what the Defense is planning by a certain date, correct?

 

[Schmerty_Jones]

Are lawyers allowed to file the same arguments over and over again? No wonder the system is so clogged! Shouldn't he be out looking for the real Nanny?

Good thinking,Robin ! JB/R Nanny nuptials!.System unclogged !! Luv Batman!:dance::dance:

 

[Woe.be.gone]

I was there when he fought the gag order. He was so opposed to that. The prosecution wanted a gag order.

The gag order would not have been concerning all discovery though, right?
Just banning the legal team from talking to the press about the case iiuc.

 

[beach]

Assistant State Attorney Jeff Ashton said statements made to the media by defense attorney Jose Baez on the investigation and impending murder trial of his client, "creates an atmosphere where potential jurors are invited to make a decision" on the guilt or innocence of Casey Anthony. He went on to argue that this could have a detrimental effect on whether a fair trial could be conducted with an impartial jury.

Baez, along with lawyers representing the Orlando Sentinel newspaper and various Orlando television stations, challenged the gag order. "When this case started, I expected to be on the eleven o'clock news," said Baez. Citing U.S. Supreme Court precedent, Baez said the gag order wasn't necessary. "It's a whole lot of hot air and not a whole lot of law," he said, adding "when push comes to shove, I'm going to err on the First Amendment every time."

*snipped* RedBBM


omg...MORE IRONY! :rotfl:

Their own words come back to haunt them once again. Just like when Nejame cited CM's own words from the 6/21 presser, here we see Baez contradicting himself.


From what I can tell, the main reason they are fighting this so hard is so John Q. Public has ONLY the defense's hot air blowing out of their mouths telling the public what they WANT them to know. They don't want the FL taxpayers having access to anything else that could contradict how the defense wants to portray their client. The Sunshine Laws are really cramping their style. Just one side of the story. Censorship. Special treatment.

I mean really ..... if your defense is strong, I'm pretty sure that potential jurors knowing that KC spent a lot of $ on bean dip and slim jims would not be the deciding factor on finding her guilty. Really though.


I don't know how many more of these ridiculous, self-serving motions I can stomach reading. :banghead: