2010.08.24 Defense Motion to Silence the Media

[Intermezzo]

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?

:waitasec: he has...Many many moons ago Baez announced he sent his PI out of state to meet with a guy who had a picture of Zanny the Nanny taken at Blanchard park..:banghead:

 

[Intermezzo]

I believe you're right. The gag order would have applied to attorneys on both sides, but not the media or even the Anthonys. Jose didn't want the gag order because he wanted to be able to spin, spin, spin all he could.

Isn't the hearing on the gag order the one during which Cindy stood up interrupting Judge Strickland that she wanted to say something? He told her no because the gag order would not apply to her so he really didn't need to hear anything from her.

iirc, YES.

 

[countzero]

Alrighty now ... I get it. So JB didn't like what CA said to LE in July 08 so he had to file this motion in hopes that no one realizes he is objecting to the release of this interview under the sunshine law. Timeline also fits because the month July was crossed out (what JB, didn't want to run it through the printer again, sheeze) and handwritten was Aug.

Then again, did JB have second thoughts in filing this July prepared motion after discovering there isn't a single TES document that can remotely be used?????

Still waiting for CA's LE interview from July 08.

 

[Horace Finklestein]

Doesn't he have a few thousand hard working volunteers to be looking into? Tick-tock Mr. Baezzz this motion was decided before you even wrote it. What are you even thinking?

 

[Mrs G Norris]

Alrighty now ... I get it. So JB didn't like what CA said to LE in July 08 so he had to file this motion in hopes that no one realizes he is objecting to the release of this interview under the sunshine law. Timeline also fits because the month July was crossed out (what JB, didn't want to run it through the printer again, sheeze) and handwritten was Aug.

Then again, did JB have second thoughts in filing this July prepared motion after discovering there isn't a single TES document that can remotely be used?????

Still waiting for CA's LE interview from July 08.

BBM

Any chance this interview is what is about to be released?

 

[Intermezzo]

In # 3 JB claims the State is releasing information, I can't remember them even doing a press conference..........Ever!

Of course they are... it's call Discovery and the Sunshine Law...
Someone in his office needs to write it on a Post-It note and stick it the end of his nose .

"Ah yes, now I get it...it's a LAW, I think I learned that at Law School..oh there's that word again."

"Judge Perry could you re-invent the wheel? My mother always said if you don't ask you'll never receive"

 

[Intermezzo]

Not sure why JB is whinning...everytime it is posted in the paper that her account is low someone sends her money. Sounds like a win, win situation to me. jmo

You are so right, lambchop
Baez needs to look at the bright side.

 

[Intermezzo]

Did I read the title of this thread right? I felt like I fell into an alternate universe when I read it. DIDN'T THE DEFENSE FIGHT THE FIRST GAG ORDER? And now they want one on the media? NOW, TWO YEARS LATER?

And aren't they the ones who've been prancing in front of the media like movie stars every chance they get? And NOW they want to silence the MEDIA? Somebody slap me. This just can't. be. REAL!

Oh my brain just HURTS. This isn't twisting logic, this is MANGLING it. To be a fly on the wall when this hit HHJP's desk! I bet he's start to pop pain pills now because of this case, I know I would. And the SA...I bet they nearly laughed themselves to DEATH with this one. Seriously, Baez's motions are the prime feature at SA happy hour, I just know it!

And like it would have a chance in HELL of helping the case AT THIS POINT? Seriously, Jose, this is BEST you can come up with? For SHAME! If this isn't a mockery of the court system and justice...OMG, I cannot BELIEVE he filed this motion! WTF!

TWA, this takes "You can't make this stuff up" to whole NEW level of disbelief...

BBM
It sure does.

 

[Intermezzo]

Lord, this next status hearing is going to take FOREVER. I'm sure there'll be another Baez tirade...great, so looking forward to THAT.

ETA: Wait, it's only supposed to be half an hour? Does Baez know this? Wow. Yeah right it's going to last half an hour...NOT!

It could go something like this..

Judge P "Defense. How many Depo's have you taken lately?"

Defense "Well Judge, you see, we had to cancel a few, you see, we had to spend our time researching and submitting motions because the dang media wants to know what Casey is eating...and our girls doesn't like it"

Judge P "Oh well I'm sorry to hear that. :gavel:.I give you 2 weeks to wrap it up"

Okay, one can hope...:angel:

 

[Intermezzo]

I just realized this is not a motion. It's titled as a "Notice of Standing Objection." The last sentence of the document reads "The defense hereby renews all previous objections to said disclosure and issues this standing objection."

So, I'm thinking the defense knows this notice is really pointless for this trial because Judge Perry won't block any disclosure or gag the media. They're submitting this solely to create some issue they can appeal to a higher court after Casey's found guilty. Maybe Baez and Mason have delusions of changing the Florida Sunshine Law or even the US Constitution someday.

BBM
I agree.

 

[Numbers]

Lord, this next status hearing is going to take FOREVER. I'm sure there'll be another Baez tirade...great, so looking forward to THAT.

ETA: Wait, it's only supposed to be half an hour? Does Baez know this? Wow. Yeah right it's going to last half an hour...NOT!

Oh, I can see half an hour:

Judge Perry: How many depositions have you taken, Mr. Bay..........ez?

JB: Only 2, Judge. We need more time.

<atomic explosion in the vicinity of the Judge's chair>

 

[Intermezzo]

Ahh yes, I remember the bizarre witness proclaiming the prosecutors were out to kill attractive women! Another classic one for this case.

At this point, I really don't see how HHJP can let this charade go on. I wonder if her has any options here? I mean, Baez may be dense but I don't think he's THIS stupid - after having been told, repeatedly, that judge perry does NOT have control over the jail and that the media will do what the media will do - and if he doesn't like it, go to the supreme court and (I think) make a complaint regarding cruel and unusual punishment...

It's as if Baez has nothing constructive or meaningful to do - he KNOWS this, and so he falls back on filing things that are comfortable to him, no matter how repetitive or nonsensical.

BBM
That's right..like keep scheduled witness Depo's

 

[Intermezzo]

Doesn't he have a few thousand hard working volunteers to be looking into? Tick-tock Mr. Baezzz this motion was decided before you even wrote it. What are you even thinking?

Maybe he was due to submit yet another frivolous, already decided upon, Motion

 

[denjet]

November 25, 2008 Hearing
http://www.myfoxorlando.com/dpp/news...n_Anthony_case

"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."

Just in case anyone forgot..Casey was facing the Death Penalty when Baez stated the above at that Hearing.
__________________
Fast forward to August 2010
http://www.wftv.com/pdf/24746808/detail.html

#4. It has been and continues to be the Defenses position that the First Amendment rights of the media must give way to the constitutionally protected rights of accused, especially when the State seeks the ultimate penalty of Death.."

Thanks for the refresher! Flip flop ... Jose true to form ...

OK, so if I have this straight Jose is all about preserving 1st Amendment rights ... for himself and his client, but not for the prosecution nor federal, state, county agencies including records produced by the Florida Sunshine Laws because their 1st Amendment rights must take a back seat to Casey's 6th Amendment right to a fair trial ... (and also because their information and records tend to make his client look bad) ...

Baez's statement needs correcting:

"It's a whole lot of hot air and not a whole lot of law"

Not "It's a whole lot of ..." , should be "I'm a whole lot of ..."

And he should be ashamed for parroting Judge Strickland's own words .. "when push comes to shove, I'm going to err on the First Amendment every time" ... proving once again that Baez really doesn't have any original thoughts .. well none that make any sense ...

 

[Snaz]

The clerk's docket shows that the status hearing is at 1:30 and then at 2pm is a Scheduling Conference.

08/30/2010 Status Hearing (1:30 PM)
08/30/2010 Hearing (2:00 PM)
Scheduling Conference

You are correct... I should have looked more carefully at the time. I was actually clarifying to the previous poster that the date was August 30 and not August 31 and did not pay close enough attention to the time.

Thank you for correcting me.

 

[whiteangora]

Of course they are... it's call Discovery and the Sunshine Law...
Someone in his office needs to write it on a Post-It note and stick it the end of his nose .

:laugh:"Ah yes, now I get it...it's a LAW, I think I learned that at Law School..oh there's that word again."

"Judge Perry could you re-invent the wheel? My mother always said if you don't ask you'll never receive"

bbm
:rolling::rolling:You guys are cracking me up on this thread!:clap:

 

[countzero]

BBM

Any chance this interview is what is about to be released?

Honestly I haven't a clue. It must be a doozy because this link is from 7.31.10 posted by nums24 listing the documents to be released by the SAO, Provision for Discovery notice. I believe the defense has a certain amount of days to object to any releasing of these types of documents under the sunshine law.

[ame="http://www.websleuths.com/forums/showpost.php?p=5473789&postcount=699"]Websleuths Crime Sleuthing Community - View Single Post - Unreleased Evidence: What are you waiting to see?[/ame]

 

[Woe.be.gone]

Of course they are... it's call Discovery and the Sunshine Law...
Someone in his office needs to write it on a Post-It note and stick it the end of his nose .

"Ah yes, now I get it...it's a LAW, I think I learned that at Law School..oh there's that word again."

"Judge Perry could you re-invent the wheel? My mother always said if you don't ask you'll never receive"

You mean like,
Are we there yet?
Are we there yet?
Are we there yet?
Are we there yet? :banghead:

 

[faefrost]

Here is CJPerry's earlier Order, in regards to public jail records. He can't be more clear. He spells it out. Do Baez and Casey think that the Florida Constitution shouldn't apply to them?

http://www.ninthcircuit.org/news/Hi...Seal Jail Visitation Log Records 6-7-2010.pdf

Can I add a few more wow's?!

"Perhaps most telling, the Motion is bereft of any citation to legal authority, at all."

This is part of the above linked judges response to JB's prior motion on what amounts to the same subject. If thisone comes to a hearing it will be something truly special to watch.

 

[Brassband]

We need a lawyer to weigh in here.
I think this is all strategy. Baez and Mason need to file this Notice. When KC is found guilty of first degree murder, she will appeal. One of her appeals will be based on her assertion that she didn’t receive a fair trial because of Florida’s “Sunshine” Law. The Defense must object to the Judge’s previous ruling (because they lost) so that they can preserve their right to appeal the ruling.
If they didn’t file this, then KC would really have some really crummy representation. I don't want to have two trials and waste the taxpayers money, so I say, let him file all the notices and motions he wants. jmo