2010.08.30 - Status Hearing

[CarolinaMoon]

I wonder if WFTV thought we'd lost interest in lowly status hearings? LOL! They are as entertaining and entertaining as any motions hearing I've seen. It's "mano a mano" between the attorneys and the lawyers!

 

[AZlawyer]

I guess they cannot make it public IF they do file a Bar complaint ... but isn't MN and BC obligated, as officers of the Court to file a Bar complaint when they KNOW of another attorney doing something wrong, as in LIE in Court filings?

Technically, yes. But you know how many Bar complaints I've filed? One. You know how many lawyers I've seen violate ethical rules? If the AZ State Bar is reading this, the answer is one.

 

[my2sense]

I just about fell out of my chair when I heard Baez say, Ericka Gonzales worked with my client in 2008...at Fusions....she claims to have spoken to ICA on July 15th, and heard Caylee in the background...So, is he off the SODDI theory and now saying that Caylee had been alive on July 15th so ICA couldn't have harmed Caylee??? Is that where he's going??? I'm sure that will be easily disputed with forensics..JMHO

Justice for Caylee

BBM - I'm listening now, and what I heard him say was "...she claims to have heard my client speak to her daughter..." Just striving for accuracy here -- I'm not sympathetic to the defense.

 

[The World According]

I loved it when Judge P told JB - "I'm a judge -- not a legislator" ... they put 119 in and it's not my job to rewrite it - when JB was whining about public records and Sunshine Laws again.

Think Tank, I am just about to watch the hearing. If that is a sample, it sounds like a must see. This judge has narrowed in on the entirety of the problem which is Mr. Baez has a very poor understanding of the rules, procedures and the separation of powers. For the law students studying this case, Judge Perry is the one to watch.

THANK YOU FOR RECORDING THE HEARING TO
1947Sierra | August 30, 2010

Status Hearing:
Part 1
http://www.wftv.com/video/24824765/in...

Part 2
http://www.wftv.com/video/24825363/in...

IMAGES IN COURT
http://www.clickorlando.com/slideshow...

 

[Woe.be.gone]

Thanks to nums24 I was able to listen to part one of the Status hearing this morning.

I'm in a let's be fair mode today and I'm not even a Libra!
JB's complaining to the Judge that he's receiving discovery at a late date which then causes him to have to conduct further investigation, etc. He uses the Gonzalez phone calls/texts as an example.

LB tells JP that she can't imagine JB not receiving the discovery any later than 15-30 days from the state. The interview with EG was conducted on May 25, 2010, but the defense didn't receive it until late July.

My point is, this is something that can be proven through facts but almost everyone tries to soften their claims in ways to make it look better for them as in LB saying 15-30 days when in reality it was really more like 60 days - just say'n.

It may be an overall weak complaint of JB's but, since I was just going over this stuff, I happened to catch LB's minimization of time lapses.

The sooner JB gets to see what the state has, so do we. :snooty:

 

[AZlawyer]

Thanks to nums24 I was able to listen to part one of the Status hearing this morning.

I'm in a let's be fair mode today and I'm not even a Libra!
JB's complaining to the Judge that he's receiving discovery at a late date which then causes him to have to conduct further investigation, etc. He uses the Gonzalez phone calls/texts as an example.

LB tells JP that she can't imagine JB not receiving the discovery any later than 15-30 days from the state. The interview with EG was conducted on May 25, 2010, but the defense didn't receive it until late July.

My point is, this is something that can be proven through facts but almost everyone tries to soften their claims in ways to make it look better for them as in LB saying 15-30 days when in reality it was really more like 60 days - just say'n.

It may be an overall weak complaint of JB's but, since I was just going over this stuff, I happened to catch LB's minimization of time lapses.

The sooner JB gets to see what the state has, so do we. :snooty:

I agree that there has been some late disclosure in this case, although we're still so far from trial that it doesn't make much difference.

But keep in mind that the date LE does an interview is not the same as the date the SA has the documentation of that interview in hand and the "disclosure clock" starts ticking.

 

[Woe.be.gone]

I agree that there has been some late disclosure in this case, although we're still so far from trial that it doesn't make much difference.

But keep in mind that the date LE does an interview is not the same as the date the SA has the documentation of that interview in hand and the "disclosure clock" starts ticking.

But let's pretend JB was one of the top Lawyers ever - I can see how it could be very frustrating not to have all the eggs in the basket while trying to build your case. Then having time contraints placed on you while you're trying to save someone's life, it would be very hard. I could never be a Lawyer - I'd go nuts. Hats off to you AZ!

 

[cyberborg]

Thanks to nums24 I was able to listen to part one of the Status hearing this morning.

I'm in a let's be fair mode today and I'm not even a Libra!
JB's complaining to the Judge that he's receiving discovery at a late date which then causes him to have to conduct further investigation, etc. He uses the Gonzalez phone calls/texts as an example.

LB tells JP that she can't imagine JB not receiving the discovery any later than 15-30 days from the state. The interview with EG was conducted on May 25, 2010, but the defense didn't receive it until late July.

My point is, this is something that can be proven through facts but almost everyone tries to soften their claims in ways to make it look better for them as in LB saying 15-30 days when in reality it was really more like 60 days - just say'n.

It may be an overall weak complaint of JB's but, since I was just going over this stuff, I happened to catch LB's minimization of time lapses.

The sooner JB gets to see what the state has, so do we. :snooty:

When does the State get to see what JB / the Defense has, if any? They seem to even want to exclude the SA from the depo process.

 

[LambChop]

Thanks to nums24 I was able to listen to part one of the Status hearing this morning.

I'm in a let's be fair mode today and I'm not even a Libra!
JB's complaining to the Judge that he's receiving discovery at a late date which then causes him to have to conduct further investigation, etc. He uses the Gonzalez phone calls/texts as an example.

LB tells JP that she can't imagine JB not receiving the discovery any later than 15-30 days from the state. The interview with EG was conducted on May 25, 2010, but the defense didn't receive it until late July.

My point is, this is something that can be proven through facts but almost everyone tries to soften their claims in ways to make it look better for them as in LB saying 15-30 days when in reality it was really more like 60 days - just say'n.

It may be an overall weak complaint of JB's but, since I was just going over this stuff, I happened to catch LB's minimization of time lapses.

The sooner JB gets to see what the state has, so do we. :snooty:

I believe LB said the deposition was taken and had to be transcribed. The recorders transcribe the depositions and return them to the attorneys for review, any changes have to be recorded on the errata sheet and after that they get a final copy. Transcription sometimes takes awhile as it is done by a private company. So what LB said is more than likely correct on the timeframe.

Wonder why JB was not at that deposition? Does he not have the right to be there? Unless it was an investigative depo???? jmo

 

[faefrost]

Due to the new law, I don't think CM is allowed to withdraw from the case now.
An attorney cannot withdraw after the client is declared indigent and the money stops coming in.

I got the distinct impression at the Hearing yesterday that Judge P was trying very hard to engage CM in dialogue, and get CM to act like he was actually ON this case. It started when the Judge asked both sides to state for the record who was there representing both sides. Baez stood and announced himself and CM ... but Judge P made a point to directly speak to CM and say "where are you Mr. Mason?" and "how are you today?". Judge P was not content with JB being the spokesman for CM.

I believe Judge P. wants CM to take a more vocal role in the case. Judge P. is constantly bragging on CM and showing him respect for the number of years he has been practicing law and trying murder cases. Judge P. appears to want to make the "record" clear that Inmate Anthony has a highly qualified, death penalty qualified attorney on her defense team .... even if she becomes disillusioned with her lead attorney at some future date. IMO

The new Law does not apply to CM. he is and always has been pro bono. The law however traps JB. he accepted payment prior to the client being declarred indigent. He's stuck.

What traps CM is that he is currently the only Florida DP qualified attorney on the case. (LKB may have done DP cases but she is not qualified in Fl.) So he would need the judges permission to depart. And would most likely need a replacement DP attorney before he can go.

I'm betting it will be "personal health issues" when he does choose to leave the circus behind.

 

[Woe.be.gone]

Then again, I live in Canada and today my cable provider stopped carrying In Session and replaced it with ID channel. When I called to complain and cancel the channel I explained that I was obsessed with a case involving a mother who didn't report her child missing and the customer service agent said " You mean Casey Anthony? Yeah I've been following that too."

ID channel is very good though - 48 Hours on ID, Unusual Suspects, Dateline on ID, Killer on Campus, The New Detectives, Bone Detective, Most Evil, Personal Justice and Disappeared are the shows airing until 2PM tomorrow. I like ID channel but can see why you'd be disappointed about loosing InSession.

 

[Woe.be.gone]

My personal fav.....If they can't get anything done Monday thru Friday---they can work weekends...if they can't get it done 9-5 they can 5-??????? This Judge isn't messing with the "dog ate my homework"----OH YEAH----anyone who files a motion EXPECT it heard within 15 days--If HHJP can't fit it in 9-5---EXPECT to do it in the evening....and bring a sack lunch.....IT WILL GET DONE-----

My favorite was when the Judge said, 'pumpkin time'. He said something like get the work done before 'pumpkin time'. I cracked up.

Had to think about it for a second until I realized the Judge must be a fan of Cinderella. LOL!

 

[LambChop]

My favorite was when the Judge said, 'pumpkin time'. He said something like get the work done before 'pumpkin time'. I cracked up.

Had to think about it for a second until I realized the Judge must be a fan of Cinderella. LOL!

Yep. LOL. And I imagine everything is about Disney down there, well, almost everything.

 

[The World According]

I just want to say -

I have seen a lot of judges in my job, but Judge Perry may be my favorite ever. He is FAIR to BOTH sides. He tells them what he expects, gives them latitude to take care of things, BUT he can see a sorry excuse immediately and cuts them off at the knees. I think should either side attempt to 'push the envelope' any further to the edge, it would be very, very foolish.

This case will go to trial in May. I'd bet my last dollar on it. The defense better get their act together and fast.

30 depos in one day? :floorlaugh: Well, CM better figure out a way. He postured loud enough, thats for sure.

:Banane45::Banane45::Banane45::Banane45:
These should be the folks they spend a lot of time with for the love of God. I cannot believe Baez said what they plan to do is a triage style depo to get a proffer of what they will have to talk about, if it is anything of interest they will schedule a second, real, depo with them. What a waste of the LE officers valuable time and what a mockery of the judge's order. Did I hear Jose correctly? I never heard of a worse plan, even from this defense team. What in the world? I know one thing if the defense takes time to make media appearances, they can definitely plan on nights and weekends because someone will let the judge know they are making time for that rather than the work the judge scolded them to get on the front burner.

In the words of Judge Strickland, "This is where posturing can get you in trouble".

 

[Woe.be.gone]

When does the State get to see what JB / the Defense has, if any? They seem to even want to exclude the SA from the depo process.

That's what I've been wondering. It seems to me I read something about this awhile back here at WS. Is the defense's case under different rules versus the prosecutions? They touched on revealing exhibits prior to or at trial but I didn't really understand what JP was saying. He said the Sunshine Laws were put in place to alleviate chances of "Trial by Ambush". That was a good way to describe it imo. I'm still not clear who has to give what when though as both sides were complaining about getting their documents on time, etc.

Also I was pointing out earlier on another thread that the depositions and LE reports are riddled with dots .... which signify chunks of verbiage being left out. What's that about? It seems when anybody says anything meaningful we see ... :snooty:

 

[Woe.be.gone]

I believe LB said the deposition was taken and had to be transcribed. The recorders transcribe the depositions and return them to the attorneys for review, any changes have to be recorded on the errata sheet and after that they get a final copy. Transcription sometimes takes awhile as it is done by a private company. So what LB said is more than likely correct on the timeframe.

Wonder why JB was not at that deposition? Does he not have the right to be there? Unless it was an investigative depo???? jmo

I get that there are procedures and steps but for whatever reasons it takes a long time from the time LE has discovery, the state sees it, and all of the above before the defense sees it - and they don't know what's coming ahead of time. It does take longer than 15 to 30 days in most cases from what I can tell.

 

[darnudes]

Is anyone else having problems viewing the hearing videos at WFTV?

When I watch the picture keeps freezing - audio keeps playing but it is so annoying that the picture pauses. Any ideas what might be going wrong. I use firefox and have not had problems in the past.

 

[MissJames]

Is anyone else having problems viewing the hearing videos at WFTV?

When I watch the picture keeps freezing - audio keeps playing but it is so annoying that the picture pauses. Any ideas what might be going wrong. I use firefox and have not had problems in the past.

YES!!!!
I use FF on a Mac. Same thing. It also goes from 2 minutes to 30 in a blink.

 

[LambChop]

That's what I've been wondering. It seems to me I read something about this awhile back here at WS. Is the defense's case under different rules versus the prosecutions? They touched on revealing exhibits prior to or at trial but I didn't really understand what JP was saying. He said the Sunshine Laws were put in place to alleviate chances of "Trial by Ambush". That was a good way to describe it imo. I'm still not clear who has to give what when though as both sides were complaining about getting their documents on time, etc.

Also I was pointing out earlier on another thread that the depositions and LE reports are riddled with dots .... which signify chunks of verbiage being left out. What's that about? It seems when anybody says anything meaningful we see ... :snooty:

Not sure. Could the dots mean a pause in the conversation or a switch to another train of thought??? That is what I use them for....or because I like the dots.....but that is just me. Good question. Does anyone know for sure?

 

[LambChop]

I get that there are procedures and steps but for whatever reasons it takes a long time from the time LE has discovery, the state sees it, and all of the above before the defense sees it - and they don't know what's coming ahead of time. It does take longer than 15 to 30 days in most cases from what I can tell.

Problem is we can't tell. Depends on what they have to do to prepare the documents for release. As LDB mentioned in court yesterday they had to go through all of the emails from DC, read them, put them in order, etc. If they released them and found something was missing JB would be jumping all over them. Have we actually seen anything from defense? Didn't they do the depo of RK in November, 2009 and we still have not seen it or any other depos they have done? jmo