2010.08.24 Defense Motion to Silence the Media

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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
.http://www.wftv.com/video/18147900/index.html
Excellent post and spot on. We will see many more things filed that are purely perfunctory.

Unfortunately for Casey, her lawyers don't even give notice to the proper parties in their motions and their arguments contradict many of their prior arguments. It is clear that Baez is in way over his head. In this hearing,Mr. Ashton informs the judge that when Mr. Lennomen gave Mr. Ashton his memo on why Casey should not be facing a possible death penalty, he received a phone call from the Orlando Sentinel who had received a copy of the letter
( not a public record document ) BEFORE Mr. Ashton even had it.

The remainder of the hearing is fascinating. Mr. Ashton gives example after example of the many times Baez has went to the press in print and television. His argument is perfunctory on this matter. Indeed.

View attachment 23.pdf

View attachment Motion for Order Requiring Proper Notice to Orange County 10-15-2009.pdf

(END VIDEO CLIP)


Mr. Ashton uses this exchange ON TELEVISION that Jose had with host of The Verdict, in the hearing for the gag order. WOW!!! He has been so bad for Casey's case, imo, it would be tough to measure. He admits here she lied.
ABRAMS: Joining me now is Jose Baez, Casey Anthony‘s attorney. Thanks very much for taking the time. Appreciate it. All right. We heard there her mother saying that Casey knows who has Caylee. Is that true?

BAEZ: Well, I don‘t have any of that information. Casey has told me that she does not know where Caylee is.

ABRAMS: So why do you think she would have said that to her mom?

BAEZ: She hasn‘t spoken with her mother. It was a brief phone call that she had from the jail about a week ago or, I guess the evening of her arrest, almost a week ago, I should say. But the only one who‘s had any contact with her is myself and I‘ve had the opportunity to discuss this with her at great length. And she‘s never told me that she knows where Caylee is.

ABRAMS: So as she said, she doesn‘t know who she‘s with and she doesn‘t know where she‘s with or did she say, “I have an idea where she might be”?
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BAEZ: She‘s told me she does not know where Caylee is. As far as any suspicions or any other things like that, I‘m not at liberty to comment on.

ABRAMS: I think the one thing that really disturbs so many people, as you know, is the fact that she took five weeks to report Caylee missing. How can one possibly explain that?

BAEZ: Well, you know, there is an explanation and I‘ve discussed it with her and, you know, I think when all is said and done, many people are going to realize that there is a reasonable explanation behind her actions. Unfortunately, you know, we - unfortunately, I‘m not at liberty to say, you know, everything that I‘ve discussed with her. We‘ve decided that it‘s in her best interest to wait and hold that for the defense as far as her explanation why. Right now our goal is to try and find Caylee and we want to get her out immediately so we can assist in doing that.

ABRAMS: If that‘s the goal, though, then why has she told so many lies to the authorities? And let me go over these. She told detectives, she last saw Caylee after dropping her off at an apartment complex. It turned out the apartment complex has been vacant since February. She told detectives she was an event planner at Universal Studios - she was fired two years ago. She detectives Caylee‘s babysitter once lived in an apartment building in Orlando. It turned out the building - it turned out to be for seniors only. She claimed that a woman who was Caylee‘s long-time babysitter; that woman told investigators she doesn‘t know the Anthonys and has never been the babysitter.

Again, and again it seems she‘s lying to the authorities and you‘re saying she really wants to help them find Caylee.

BAEZ: Yes. You know, first off, there‘s an explanation for her stories. However -

ABRAMS: Would you call them lies? .

BAEZ: Well, yes, you can call them whatever you like. I think we‘re really talking about semantics here. But I would say this - her explanation is understandable. I‘ve discussed it with her, but not everything that the police are saying is completely accurate and the media has, on certain occasions, twisted things.

For example, the babysitter - she clearly told the police when shown the photograph of the person the police spoke with, she told the police that that is not the babysitter that she left the child with. So, there‘s - it‘s being passed along as if the police have actually spoken with the babysitter when, in fact, they haven‘t.

ABRAMS: So - but, is it fair to say that she has not been entirely forthcoming with the authorities?

BAEZ: I think it‘s fair to say that, yes. Absolutely.
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ABRAMS: And that‘s a problem, isn‘t it? When you‘re trying to find someone who‘s missing?

BAEZ: You know, it certainly is a problem. This is a very difficult situation. What we‘re trying to do is get her out of jail so that way we can have - she can have contact with her family. She can help me assist with her defense and also assist us finding Caylee. That‘s really the focus. Everybody is really trying to help find Caylee and, I mean, that is really the bulk of everything we‘re trying to do.

ABRAMS: Jose Baez, thanks very much for coming on. We appreciate it.

BAEZ: Thank you.

ABRAMS: Joining us now on the phone, Orange County Deputy Sheriff Carlos Padilla.

All right. Sheriff, you‘ve heard now what Mr. Baez has been saying. How helpful or not so helpful has Casey been in this investigation?

CARLOS PADILLA, ORANGE COUNTY DEPUTY SHERIFF (on the phone): Well, let‘s put it this way. Had she been helpful from the beginning, she would not be in jail and Caylee would be home with the family.

ABRAMS: But it sounds, though, Mr. Baez was accusing you - us, the media of twisting the truth with regard to some of the allegations in this case. What do you make of that?

PADILLA: Well, keep this in mind. We in law enforcement went to the media to put her name and her picture out there and to implore the community and the citizens to help us locate Caylee. For example, if anybody saw her to give us a call and that‘s all we‘ve done. We have not made the rounds with the media. We have not been on the shows with the media. We haven‘t been calling around and trying to have several, you know, interviews on different types of shows.

Unfortunately, I would have thought that that energy should have been spent on having Casey talk to law enforcement and tell us where the child is."

You just can't make this stuff up!!!
 
We keep hearing that Baez' motivation for a lot of actions is to provide fodder for an appeal. Can he just appeal ad infinitum- doesn't someone have to decide that an appeal is justified, or can he just launch these appeals because the verdict is not what he wants.....?
 
I think he can appeal on as many issues as he wants, it doesn't mean they will be granted. I don't know how the deciding body will regard numerous appeals, but I would think they can get as exasperated as they want, they still have to review them and grant or deny based on the law. imo of course, i am not a lawyer.
 
If JB fought the initial gag order, how can he use it as a basis for appeal?
 
'Verdict with Dan Abrams' for Monday, July 21 - msnbc tv - Morning ...
Jul 22, 2008 .
www.msnbc.msn.com/id/25799460/ - Cached

link to Baez interview that Mr. Ashton uses as an egregious example of Jose talking to the media being harmful to his client's case
 
IMO they are trying to get this Motion in place before they have to give all of the reciprocal discovery over: ie, their own deposition transcripts. I think they do not want the public to know the questions they are asking the potential witnesses, thus giving away their so called strategy. It is also entirely possible that they want to get this order in place before the final witness list dealine. In that way, they can be sure to have their list kept "secret" and that one special witness they have yet to name can escape public scrutiny.
Stategy. I don't believe you can use "strategy" and "Baez" in the same reference. They are a contradiction in terms.
 
jury tainting, or appeals or even stupidity. He is trying desperately to get kicked off the case before trial. He knows she did it. He knows that George and Cindy knew before the body was found (and that they knew where it was). He can't quit. He can't win. Anything. The trial nor any appeals. He is trying to get thrown off the crazy merry-go-round he is on.

Imho
I respectfully disagree. Without this case he'll just be another low-life attorney hanging out at the jail in hopes of getting a client. Now he is JOSE BAEZ, the man who is goign to keep Casey Anthony off death row, and his fat face is all over the media. Might I suggest he get a good diet and some brains?
 
He fought the gag order so he could bring up the unfair trial on appeal, imo. He knows he doesn't have a chance in H*** of getting out of this, appeals are his only resort.
IIRC appeals have to have some legal basis for them. His "it's not fair" motions are not grounded in the law. I think he thinks he is doing this for appeal purposes, but is he also aware that doing this will mean he has a snowball's chance in h*** of getting an appeal on ineffective counsel? Frankly, I Think he should be fined for wasting the court's time and money. Just asking for the same thing over an over again serves little purpose other than to raise anger in the opinion of the publi he is so desperately trying to influence. I would hve to agree that there's no way Casey could get a fair trial in Orlando, and that's do to his Herculean efforts to taint the jury pool on his own.
 
I respectfully disagree. Without this case he'll just be another low-life attorney hanging out at the jail in hopes of getting a client. Now he is JOSE BAEZ, the man who is goign to keep Casey Anthony off death row, and his fat face is all over the media. Might I suggest he get a good diet and some brains?

after reading this I can only hum "We're off to see the wizard, the wonderful wizard of Oz.....":blushing:
 
'Verdict with Dan Abrams' for Monday, July 21 - msnbc tv - Morning ...
Jul 22, 2008 .
www.msnbc.msn.com/id/25799460/ - Cached

link to Baez interview that Mr. Ashton uses as an egregious example of Jose talking to the media being harmful to his client's case

Thank you TWA for all of these not so gentle little reminders of JB's total incompetency. I've been waiting for you to weigh in on this thread.:wave:
 
The Felix Frankfurter Professor of Law at Harvard Law School, Mr. Baez is not.
He would do well to study seriously some of the great appeals and the objections during the guilt/innocence phase that paved the way.
The fact that he cannot even prepare a motion correctly and he remains unaware that it is required, not a suggestion, that one must notice all parties, leads me to infer indeed procedures and the rules of Florida law are not something he , how shall I put this....devotes time to continuing education on.

Someone was asking why is he sooo worried about laying a record for appeals. That is a crucial part of his job, he must protect the record for appeal. I trust the defense will realize later that losing Mrs. Lyon did matter. A lot!!! The fact that he does these perfunctory, ( for formality, for the file ) things is not the problem. The problem is he is doing them wrong.

These are quotes, not my words:

"Jose Baez is a moron, that is both my professional and personal opinion."
"I do think she will plead at the last minute, a trial would be suicide and only make things worse."
- Richard Hornsby


"You can pretty well predict there's going to be a life sentence, either a plea and get it over with or have a circus trial and then be convicted and get life," Mason said.

If the lawyers were not preparing for appeal from day one, that would be insane. So , they do what they do, we laugh at it, in the end, Judge Perry has got this!!! If you notice when he rules, he cites from Supreme Court decisions. He has got this!!!!
Remain calm. Judge Perry is in 'da house!!

Rules of Procedure: Table of Contents - The Florida Bar

www.floridabar.org
View attachment Protecting the Record on Appeal.pdf

View attachment 23.pdf

View attachment Motion for Order Requiring Proper Notice to Orange County 10-15-2009.pdf

View attachment 2010.08.12 Nejame Reply to Defense Response to Motion to Quash.pdf
 
I have to laugh at Baez! Isn't this like closing the barn door after letting the horse out of the barn?
 
Thank you TWA for all of these not so gentle little reminders of JB's total incompetency. I've been waiting for you to weigh in on this thread.:wave:

BBM

See what I mean, TWA? Others wait for your posts, as well! :dance:
 
IMO...this is just part of their strategy...creating issues for appeal as they have to fairly certain she will be convicted. I think we will see many more similar motions leading up to the trial.
 
IMO...this is just part of their strategy...creating issues for appeal as they have to fairly certain she will be convicted. I think we will see many more similar motions leading up to the trial.
I agree. I think we are in for round 2 of the pre-trial media blitz... I am predicting the A's will go full-out again like round 1....and Baez et al will be hitting the media circuit hard as well. One frivolous motion and complaint after the next. The writing is on the wall....ICA's goose is cooked. It's all about mitigating the sentence and appeals now.
 
Hello WS

Okay. So all of this craziness is so JB can appeal for Casey instead of working on a defense for the actual trial that is now two years over due. Okay. Nice system. :rolleyes:

Smarmy defense attys can use the system to muck it up...again...nice system. What good is the law when it can be circumvented and used for gain by crooks?

IMHO, the "law" is not based on reality.

ETA: Upon looking at my statement, I realize that Jose isn't circumventing the law...what he is doing is within the law...and that would be the problem...

:twocents:
 
If Hornsby is still reading this thread I have a question for him.

Apparently this is a "good idea" for Baez to file this even though he turned down the gag order in 2008. Now why in the world should Judge Perry agree to this when not that long ago Baez himself sent copies of emails from Cindy Anthony and Mark N that would Baez would be using in a motion? Baez himself acted before the Sunshine Law went into effect that time. Baez himself decided that it was in the "best interest" of his client to try and prove that not only did Mark N behave badly but so did Brad C. So if Baez really feels that the media is doing more damage than good to his client why is he sending information to the media himself?

I'm unclear as to how anyone would/could think that Baez is doing exactly as he should now in filing this motion (or whatever it is) when he himself did the same thing he is complaining about.

Perhaps Baez needs some time to refresh his memory as to what he has said and done in the past concerning this case.
 
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

I agree, and certainly in a death penalty case the lawyer needs to be doing whateve4r they can to preserve issues for appeal. It's part of the circus and to fail to do so would be grossly negligent.

But what I wonder is will these motions actually do that? The only citations of law or arguments made in them is essentially "but I don't think it's fair!!!" There is no cited law. No cited publications, nothing. Essentially they are seeking to keep an issue open because... well just because he wants to. Will an appellate court even consider that?

Granted I'm not a lawyer, but "well I don't think it's fair!" seems just a little bit flimsy to use as a stand alone argument for overturning a judges ruling, overturning state law and challenging the state constitution.
 

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