2010.08.24 Defense Motion to Silence the Media

[Kentjbkent]

So I am curious.....:waitasec:

So many on this forum have been following this case from the very beginning and have kept amazing, detailed notes to refer back to...

I think it would be VERY INTERESTING to see an all inclusive listing of ALL defense team media appearances, interviews, itemized of course, by the party providing the information to the media....

Something similar to the "no discussion - list only" threads we have for motions, etc.... do we have a similar thread here on WS? If not, we should....I think it would be mind boggling....and amazing to see such a list attached to a response from the prosecution...

I actually already have a list of all the media appearances and interviews with the prosecution and would be happy to post and share it.....

But my pages are STILL BLANK!!!!! :woohoo:

 

[beach]

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

Most intelligent (and correct) observation on this thread.

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.

--snipped for subject matter; BBM

I agree with everyone quoted here. But somebody tell me how this will help an appeal when Baez hasn't even noticed the proper authorities??? Judge Perry TOLD HIM that he has no jurisdiction over the jail and he needed to include them when he sent out notices. I believe this is the 3rd objection he has filed about this and he STILL didn't include the jail on the certificate of service.

 

[strawberry]

Just saw on facebook that JVM will be talking about this tonight.

 

[beach]

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.

BBM

There are no citations for a good reason this time.

When you cite case law you look to the 'primary authority'. Primary authority is law generated by a government body. The primary authority can be case law or legislative enactments (e.g., constitutions, statutes, ordinances, etc...). In this case, the Florida Supreme Court has obviously upheld the constitutionality of the Sunshine Laws. So, he doesn't have a primary source in FL. I guess he is planning on challenging the Sunshine Laws as a federal matter. :waitasec:

eta: In re. publications - those would be secondary authorities. They are not generated by any case law and include commentary and opinions of experts and attorneys. They are used to persuade and support an argument, but they are never binding or mandatory.

 

[surfinsue1029]

So I am curious.....:waitasec:

So many on this forum have been following this case from the very beginning and have kept amazing, detailed notes to refer back to...

I think it would be VERY INTERESTING to see an all inclusive listing of ALL defense team media appearances, interviews, itemized of course, by the party providing the information to the media....

Something similar to the "no discussion - list only" threads we have for motions, etc.... do we have a similar thread here on WS? If not, we should....I think it would be mind boggling....and amazing to see such a list attached to a response from the prosecution...

I actually already have a list of all the media appearances and interviews with the prosecution and would be happy to post and share it.....

But my pages are STILL BLANK!!!!! :woohoo:

Touche!!!!

 

[strawberry]

Oh good grief, some caller on JVM just says she doesn't care what KC had for dinner but thinks she's been wrongly accused since GA tried to commit suicide; he must be covering up.

 

[LambChop]

Oh good grief, some caller on JVM just says she doesn't care what KC had for dinner but thinks she's been wrongly accused since GA tried to commit suicide; he must be covering up.

LOL. Did this caller also mention she donated a pair of children's shoes to a charity that is running a benefit on Saturday?????

 

[Dear Prudence]

There were 2 notices filed yesterday:

2010.08.24

2nd Renewed Notice of Standing Objection of Abuse of Florida Statute Chapter 119.01

http://www.ninthcircuit.org/news/Hi...f Abuse of Florida Statute Chapter 119.01.pdf

Renewed Notice of Standing Objection of Abuse of Florida Statute Chapter 119.01
http://www.ninthcircuit.org/news/Hi...f Abuse of Florida Statute Chapter 119.01.pdf

So there were actually 3 Notices of Standing Objections filed yesterday.

The first is the "Notice of Standing Objection of Abuse of Florida Statute Chapter 119.01" which objects to the release of information by law enforcement, corrections and state attorneys office. Attached to the notice was the "Crackers and Cocoa" article by WESH.com.

The second is the "Renewed Notice of Standing Objection of Abuse of Florida Statute Chapter 119.01" which objects to the release of information by JAC, the Judicial Administrative Commission (plus LE, corrections and SA again- just to make sure they weren't overlooked on the first notice, I guess). Attached to this notice is "Casey's defense investigates George Anthony" article by WESH.com regarding the PI's invoice that JAC paid.

The third is the "2nd Renewed Notion of Standing Objection of Abuse of Florida Statute Chapter 119.01" which objects to the release of information by all of the agencies listed in the previous two notices again. Later in the notice they complain about the jail visitor's log being released. Attached to this notice is "Casey Anthony Meets with Psychologist" article by ClickOrlando.com.

 

[LancelotLink]

Oh good grief, some caller on JVM just says she doesn't care what KC had for dinner but thinks she's been wrongly accused since GA tried to commit suicide; he must be covering up.

I hope Jane had issues with this.
Hopefully, one day, the truth about the farce of an attempted suicide will come to light. What these people won't do to save their butts...:banghead:

 

[CarolinaMoon]

Oy vey! The defense is really on a tear here!

Given, they are preserving these motions and objections for appellate reasons.

Let's remember, however, that once the case is over, Baez is no longer her attorney. Should Casey be found guilty, she will need an attorney grounded in appellate matters. She is indigent. It's most likely the Court would appoint an attorney for her appeals.

I can't imagine what a new lawyer would think of these particular documents. I'd also love to know an attorney's opinion of these particular items. As has been pointed out, the Sunshine Laws as they exist in Florida would have to be overturned for these arguments to prevail.

 

[blazeofglory]

so does this mean mr.lichtenstein the bald headed producer guy that always sits in the courtroom with ga and ca needs to go also..i cant believe hes always allowed in when they say they arent making money..than whats it all about why is he there hes a big producer for alot of networks..he should have to go also dont you think?

 

[denjet]

So I am curious.....:waitasec:

So many on this forum have been following this case from the very beginning and have kept amazing, detailed notes to refer back to...

I think it would be VERY INTERESTING to see an all inclusive listing of ALL defense team media appearances, interviews, itemized of course, by the party providing the information to the media....

Something similar to the "no discussion - list only" threads we have for motions, etc.... do we have a similar thread here on WS? If not, we should....I think it would be mind boggling....and amazing to see such a list attached to a response from the prosecution...

I actually already have a list of all the media appearances and interviews with the prosecution and would be happy to post and share it.....

But my pages are STILL BLANK!!!!! :woohoo:

Oy vey! The defense is really on a tear here!

Given, they are preserving these motions and objections for appellate reasons.

Let's remember, however, that once the case is over, Baez is no longer her attorney. Should Casey be found guilty, she will need an attorney grounded in appellate matters. She is indigent. It's most likely the Court would appoint an attorney for her appeals.

I can't imagine what a new lawyer would think of these particular documents. I'd also love to know an attorney's opinion of these particular items. As has been pointed out, the Sunshine Laws as they exist in Florida would have to be overturned for these arguments to prevail.

Good points ... I would also like to hear from an appellate legal expert what he/she thinks of the motions so far that have been filed to be used in the appeals process ... and how it's decided if these are even valid motions for an appeal ...

 

[strawberry]

I hope Jane had issues with this.
Hopefully, one day, the truth about the farce of an attempted suicide will come to light. What these people won't do to save their butts...:banghead:

I had to change the channel. But when I changed it back an "expert" was saying how cocoa and crackers are no big deal; that it would be different if the public were allowed to see visitors to the jail such as experts. :waitasec:

 

[faefrost]

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.

He fought the gag order, because the entirety of his chances of getting paid revolved around keeping the case front and center as a media circus. It's that simple. ABC News will not pay $200k for exclusive pictures to a story nobody is telling or watching.

It is for precisely this reason that criminal lawyers are not supposed to be able to accept contingency payments and are supposed to be paid up front. In this case the lawyers financial interests ran counter to what the best course of action for the case and the client are. And with this latest twist I really hope somebody finally calls him out on it.

 

[kaRN]

I had to change the channel. But when I changed it back an "expert" was saying how cocoa and crackers are no big deal; that it would be different if the public were allowed to see visitors to the jail such as experts. :waitasec:

Well informed experts with attitude are my favourite. Ahh Janey Weintraub, so quick to defend but without 2 clues to rub together.

 

[kaRN]

BBM

See what I mean, TWA? Others wait for your posts, as well! :dance:

We're telling her the same things Snaz lol!!! See TWA it must be true!!
In advertising a single letter or phone call regarding an ad, good or bad, is considered the opinion of another 2000 people who never bother to express their opinion but have one.
4000 people hanging on to your words TWA...and counting. Sorry for OT

 

[cyberborg]

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.

I completely agree.

If this is the best that JB has and can do then, ICA needs to be worried -- very worried!

Unless JB is planning to pull a major coup to overturn the Florida Sunshine Laws then all this does, once again, is to cry foul, whine and, stamp your feet that ICA is being treated unfairly .... when she is being treated EXACTLY the same as everyone else.

Maybe it will resonate with some in the future Jury pool, the perception that ICA is being treated unfairly and targetted but .... is this the best that JB has?

What about the forensic evidence inspection by his experts? Is the best the Defense can do is whine about the public disclosure of poor ICA's commissary and the media coverage of her? Maybe JB needs it all to die down so it can start to be forgotten and it still lives on via the torch of --- Justice for Caylee!!!

 

[sleutherontheside]

So.... RH is commenting that Pam Bondi's win for FL. AG may be an issue for the KC case. http://www.wesh.com/caseyanthony/25636911/detail.html

"She's excluded that as a venue in my opinion to go to find jurors," Hornsby said. "It gives the defense more ammunition to argue for more specific venues to pick the jury from."

Hornsby said Bondi should cut off any further legal analysis because it opens the door for other defense motions.

A spokesman for Bondi told WESH 2 News on Wednesday that she is "still open to offering her views, but she would have to look at each case and see if it would be appropriate."

How bout this........should Richard Hornsby could be cut off from further media analysis of the case until he signs a statement distancing himself from the case???? How bout that???

Does anyone recall him opining that Cheney Mason's early comments about the case (circus, plea, etc...) would be an issue?......down the road??? I'm thinking................NOPE!!!

Pot...kettle......let me introduce you two...or have you already met secretly ???? Just saying......

 

[The World According]

Since the defense released these tapes of Kronks family, highly edited tapes, I might add, and went on morning shows indeed to speak about these tapes, it is hard to imagine the unmitigated gall they have to complain about the media. This is just one, example. There are so very many of them. Don't make me list them Mr. Baez. You know I can.
[ame]http://www.youtube.com/watch?v=pE_sLhcLQ9g[/ame]
[ame]http://www.youtube.com/watch?v=de8Krg3ToZA[/ame]
[ame]http://www.youtube.com/watch?v=pG4Lhx41TiM[/ame]
[ame]http://www.youtube.com/watch?v=UrB-_l9NB7c[/ame]
[ame]http://www.youtube.com/watch?v=lRfZ-lKPjeg[/ame]
[ame]http://www.youtube.com/watch?v=rzvg-m1UbeQ[/ame]
[ame]http://www.youtube.com/watch?v=w4LN6McLlzY[/ame]
[ame]http://www.youtube.com/watch?v=SToRVntBME4[/ame]
[ame]http://www.youtube.com/watch?v=e5zIrRgcsqg[/ame]

Please, please ignore the vile, vulgar comments on some videos, they are not from my channel, I certainly do not endorse any of the comments or language. Watch the video only, please.

 

[whiteangora]

So.... RH is commenting that Pam Bondi's win for FL. AG may be an issue for the KC case. http://www.wesh.com/caseyanthony/25636911/detail.html

"She's excluded that as a venue in my opinion to go to find jurors," Hornsby said. "It gives the defense more ammunition to argue for more specific venues to pick the jury from."

Hornsby said Bondi should cut off any further legal analysis because it opens the door for other defense motions.

A spokesman for Bondi told WESH 2 News on Wednesday that she is "still open to offering her views, but she would have to look at each case and see if it would be appropriate."

How bout this........should Richard Hornsby could be cut off from further media analysis of the case until he signs a statement distancing himself from the case???? How bout that???

Does anyone recall him opining that Cheney Mason's early comments about the case (circus, plea, etc...) would be an issue?......down the road??? I'm thinking................NOPE!!!

Pot...kettle......let me introduce you two...or have you already met secretly ???? Just saying......

I couldn't agree more, good for you!