2011.01.06 Baez Slapped with Formal Sanction

[The World According]

Thwart report...OMG Iris....that is the best, simply the best!!!!! Can I borrow that line?

 

[Purple Iris]

Thwart report...OMG Iris....that is the best, simply the best!!!!! Can I borrow that line?

I bestow and bequeath to ye, thee, "The Thwart Report".

Use it wisely, as we know that thee Defense lingers and lounges around here like lizards on a lazy, hazy, crazy day of summer in a blingy Baez Bikini ~!!

 

[The World According]

OK, Iris I just fixed it so that if anyone googles those words " Thwart Report Jose Baez".....your post shows up on Google, front and center, worldwide. Is that using it wisely for ya? Julia

It is midnight here, I am getting slap happy. Goodnight friends.

 

[Purple Iris]

OK, Iris I just fixed it so that if anyone googles those words " Thwart Report Jose Baez".....your post shows up on Google, front and center, worldwide. Is that using it wisely for ya? Julia

It is midnight here, I am getting slap happy. Goodnight friends.

Well......okay......but you know if I get called on the carpet for it, and have to suddenly make a trip to Florida to explain myself, I am SO dropping a dime on ya !!

See ya in sunny Florida for the trial my friend !!
Hehe - FRONT ROW SEATS!!!!!

{feeling the slap happy here also a tad bit - Night Friends of Caylee all the world over}

 

[The World According]

It has been a long time coming, he has been pulling this childish bs from jump!
Remember this little gem?

September 19, 2008

Jose Baez, Esquire
522 Simpson Road
Kissimmee, FL 34744

Dear Mr. Baez:

In your correspondence to the Orange County Sheriff’s Office you have stated your willingness to fully cooperate with law enforcement regarding the investigation of Caylee Anthony’s disappearance within the confines of your ethical obligation to your client, Casey Anthony.

In response to your offer to fully cooperate, I am requesting that you provide the circumstances and location Caylee Anthony was last seen. As you are aware, the previous statements provided by your client have been false and misleading.

The law enforcement personnel involved in the search for Caylee Anthony acknowledge your ethical obligation to you client. We hope that it is your client’s genuine desire to help find her daughter and to uncover the truth. We are also hopeful that you are able to provide the circumstances and location that Casey Anthony last saw her daughter, and that you understand the information we are requesting is crucial to the search for Caylee Anthony. If you are willing to assist in this matter, please contact me at your earliest opportunity.

Sincerely,

Kevin Beary
Sheriff of Orange County

Sergeant John Allen
Criminal Investigations Division
Missing Persons Squad
(407) 254-7222
____________________________
Color coated....here is Baez's response

September 22, 2008
via facsimile

Orange County Sheriff’s Office
Attn: Sgt. John Allen
2500 West Colonial Drive
Orlando, FL 32408

Re: State of Florida v. Casey M. Anthony

Dear Sgt. Allen:

I was pleased to see that your office has decided to take me up on our offer to cooperate in the search for Caylee Marie Anthony. Albeit two months later, it is better late than never, I suppose.

I was, however, displeased by the fact that I had to hear about your fax from the media before I even got the chance to read it. Nonetheless, I will convey your message to my client and discuss it with her further.

Please give me a call when you are more interested in searching for Caylee, as opposed to trying to improve your office’s public relations image. I realize that your office is under a lot of pressure because you haven’t found Caylee, but you should conduct your efforts in a more productive manner as opposed to leaking your communications with me to the media.

Sincerely,

Jose A. Baez, Esq.

 

[zoey]

:furious:

It has been a long time coming, he has been pulling this childish bs from jump!
Remember this little gem?

September 19, 2008

Jose Baez, Esquire
522 Simpson Road
Kissimmee, FL 34744

Dear Mr. Baez:

In your correspondence to the Orange County Sheriff’s Office you have stated your willingness to fully cooperate with law enforcement regarding the investigation of Caylee Anthony’s disappearance within the confines of your ethical obligation to your client, Casey Anthony.

In response to your offer to fully cooperate, I am requesting that you provide the circumstances and location Caylee Anthony was last seen. As you are aware, the previous statements provided by your client have been false and misleading.

The law enforcement personnel involved in the search for Caylee Anthony acknowledge your ethical obligation to you client. We hope that it is your client’s genuine desire to help find her daughter and to uncover the truth. We are also hopeful that you are able to provide the circumstances and location that Casey Anthony last saw her daughter, and that you understand the information we are requesting is crucial to the search for Caylee Anthony. If you are willing to assist in this matter, please contact me at your earliest opportunity.

Sincerely,

Kevin Beary
Sheriff of Orange County

Sergeant John Allen
Criminal Investigations Division
Missing Persons Squad
(407) 254-7222

FROM Jose TO OC Sheriff’s Office:
September 22, 2008
via facsimile

Orange County Sheriff’s Office
Attn: Sgt. John Allen
2500 West Colonial Drive
Orlando, FL 32408

Re: State of Florida v. Casey M. Anthony

Dear Sgt. Allen:

I was pleased to see that your office has decided to take me up on our offer to cooperate in the search for Caylee Marie Anthony. Albeit two months later, it is better late than never, I suppose.

I was, however, displeased by the fact that I had to hear about your fax from the media before I even got the chance to read it. Nonetheless, I will convey your message to my client and discuss it with her further.

Please give me a call when you are more interested in searching for Caylee, as opposed to trying to improve your office’s public relations image. I realize that your office is under a lot of pressure because you haven’t found Caylee, but you should conduct your efforts in a more productive manner as opposed to leaking your communications with me to the media.

Sincerely,

Jose A. Baez, Esq.

Just when you think you have seen everything....Thanks for putting this up! Can't believe the snarkness of JB---he really is a :loser: #$$&(**, #$%^^&, along with other much funner witty words/expressions----IDK....

 

[Steely Dan]

OK, Iris I just fixed it so that if anyone googles those words " Thwart Report Jose Baez".....your post shows up on Google, front and center, worldwide. Is that using it wisely for ya? Julia

It is midnight here, I am getting slap happy. Goodnight friends.

Could you fix it so that if anyone Googles; "most fantastic, best looking, funniest, great smelling, humble human being on the planet" That Steely Dan of Websleuths comes up? :bow:

It has been a long time coming, he has been pulling this childish bs from jump!
Remember this little gem?

September 19, 2008

Jose Baez, Esquire
522 Simpson Road
Kissimmee, FL 34744

Dear Mr. Baez:

In your correspondence to the Orange County Sheriff’s Office you have stated your willingness to fully cooperate with law enforcement regarding the investigation of Caylee Anthony’s disappearance within the confines of your ethical obligation to your client, Casey Anthony.

In response to your offer to fully cooperate, I am requesting that you provide the circumstances and location Caylee Anthony was last seen. As you are aware, the previous statements provided by your client have been false and misleading.

The law enforcement personnel involved in the search for Caylee Anthony acknowledge your ethical obligation to you client. We hope that it is your client’s genuine desire to help find her daughter and to uncover the truth. We are also hopeful that you are able to provide the circumstances and location that Casey Anthony last saw her daughter, and that you understand the information we are requesting is crucial to the search for Caylee Anthony. If you are willing to assist in this matter, please contact me at your earliest opportunity.

Sincerely,

Kevin Beary
Sheriff of Orange County

Sergeant John Allen
Criminal Investigations Division
Missing Persons Squad
(407) 254-7222
____________________________
Color coated....here is Baez's response

September 22, 2008
via facsimile

Orange County Sheriff’s Office
Attn: Sgt. John Allen
2500 West Colonial Drive
Orlando, FL 32408

Re: State of Florida v. Casey M. Anthony

Dear Sgt. Allen:

I was pleased to see that your office has decided to take me up on our offer to cooperate in the search for Caylee Marie Anthony. Albeit two months later, it is better late than never, I suppose.

I was, however, displeased by the fact that I had to hear about your fax from the media before I even got the chance to read it. Nonetheless, I will convey your message to my client and discuss it with her further.

Please give me a call when you are more interested in searching for Caylee, as opposed to trying to improve your office’s public relations image. I realize that your office is under a lot of pressure because you haven’t found Caylee, but you should conduct your efforts in a more productive manner as opposed to leaking your communications with me to the media.

Sincerely,

Jose A. Baez, Esq.

I wish I had a quart bottle of Maalox in my place right now. :sick:

Ok, let's examine what that really says. Translations are in BBM. JMO

September 22, 2008
via facsimile

Orange County Sheriff’s Office
Attn: Sgt. John Allen
2500 West Colonial Drive
Orlando, FL 32408

Re: State of Florida v. Casey M. Anthony

Dear Sgt. Allen:

I was pleased to see that your office has decided to take me up on our offer to cooperate in the search for Caylee Marie Anthony. Albeit two months later, it is better late than never, I suppose. (My client and her family are extremely upset that our tips from crackpot psychics, 40's style pulp fiction detectives and other stuff we just make up hasn't been taken seriously. So by asking for my clients help I assume you are going to start taking these stupid things seriously.

Our own private detective has been camped out at a suspected place Caylee is being held at and has found nothing out of the ordinary, and yet you Keystone cops can't see how that obviously means something's up!)

I was, however, displeased by the fact that I had to hear about your fax from the media before I even got the chance to read it. Nonetheless, I will convey your message to my client and discuss it with her further. (Look guy. I'm not really paying that much attention to this stuff because I'm still not done reading "Lawyering for Dummies" yet. Can you at least wait a week before you release any correspondence to me to the media.)

Please give me a call when you are more interested in searching for Caylee, as opposed to trying to improve your office’s public relations image. I realize that your office is under a lot of pressure because you haven’t found Caylee, but you should conduct your efforts in a more productive manner as opposed to leaking your communications with me to the media. (I don't know how I'm expected to defend my client if you keep releasing facts that show our statements to be lies. Don't bother calling because, seriously, we all know Caylee's dead and the body has been hidden somewhere. That information would only hurt my clients case so we will continue to lie, spread rumors and listen to wackadoodle psychics while you conduct a professional investigation)

Sincerely, (You've gotta be kidding me,)

Jose A. Baez, Esq.

P.S. Sorry if some of this is hard to read but my crayon sharpener is getting a little dull.

 

[MissJames]

OK, Iris I just fixed it so that if anyone googles those words " Thwart Report Jose Baez".....your post shows up on Google, front and center, worldwide. Is that using it wisely for ya? Julia

It is midnight here, I am getting slap happy. Goodnight friends.

I fully expect to see to see Thwart Report make it's way into Mainstream Media. First a local....Kathy Belich,Bill Schaeffer.....then......BOMBSHELL TONIGHT ......Nancy Grace.
Yep,HHJBP will figure out how to use it just like he uses "can't let you go fishin' on the taxpayer's dime".
We have a winner :goldstar::goldstar::Crown::goldstar::goldstar:

And you saw it here first ! :rocker:

 

[LiveLaughLuv]

Originally Posted by The World According
OK, Iris I just fixed it so that if anyone googles those words " Thwart Report Jose Baez".....your post shows up on Google, front and center, worldwide. Is that using it wisely for ya? Julia

It is midnight here, I am getting slap happy. Goodnight friends.

http://www.bing.com/search?q=thwart+report+jose+baez&src=IE-SearchBox&FORM=IE8SRC


:floorlaugh: and it's first on bing too....:floorlaugh:

:great: ....JMHO

Justice for Caylee

 

[MissJames]

Could you fix it so that if anyone Googles; "most fantastic, best looking, funniest, great smelling, humble human being on the planet" That Steely Dan of Websleuths comes up? :bow:



I wish I had a quart bottle of Maalox in my place right now. :sick:

Ok, let's examine what that really says. Translations are in BBM. JMO

September 22, 2008
via facsimile

Orange County Sheriff’s Office
Attn: Sgt. John Allen
2500 West Colonial Drive
Orlando, FL 32408

Re: State of Florida v. Casey M. Anthony

Dear Sgt. Allen:

I was pleased to see that your office has decided to take me up on our offer to cooperate in the search for Caylee Marie Anthony. Albeit two months later, it is better late than never, I suppose. (My client and her family are extremely upset that our tips from crackpot psychics, 40's style pulp fiction detectives and other stuff we just make up hasn't been taken seriously. So by asking for my clients help I assume you are going to start taking these stupid things seriously.

Our own private detective has been camped out at a suspected place Caylee is being held at and has found nothing out of the ordinary, and yet you Keystone cops can't see how that obviously means something's up!)

I was, however, displeased by the fact that I had to hear about your fax from the media before I even got the chance to read it. Nonetheless, I will convey your message to my client and discuss it with her further. (Look guy. I'm not really paying that much attention to this stuff because I'm still not done reading "Lawyering for Dummies" yet. Can you at least wait a week before you release any correspondence to me to the media.)

Please give me a call when you are more interested in searching for Caylee, as opposed to trying to improve your office’s public relations image. I realize that your office is under a lot of pressure because you haven’t found Caylee, but you should conduct your efforts in a more productive manner as opposed to leaking your communications with me to the media. (I don't know how I'm expected to defend my client if you keep releasing facts that show our statements to be lies. Don't bother calling because, seriously, we all know Caylee's dead and the body has been hidden somewhere. That information would only hurt my clients case so we will continue to lie, spread rumors and listen to wackadoodle psychics while you conduct a professional investigation)

Sincerely, (You've gotta be kidding me,)

Jose A. Baez, Esq.

P.S. Sorry if some of this is hard to read but my crayon sharpener is getting a little dull.

P.S. I am kinda busy right now making deals with the media to sell Caylee's pictures so I can get paid the big bucks.:snake: Priorities,ya know.

 

[Aedrys]

Hear ye, hear ye......One and all from here to there and everywhere.

It shall hereby be stated and ruled, stamped and approved, that all filings from now on coming from the Defense Office will be referred to as......."THE NEWEST THWART-REPORT.

Be assured that each page will be filled with fun flipping page after page of frivilous and frilly flippant falala's.

Bedazzeled and bejewelled in bewilderment and.....well..........booze.:woohoo::woohoo:

{I imagine the dream team making fisties every day that they don't have Dr. Suess on their side}

ROFL!!!! I so needed that laugh as I had to drive over ice to work today. We should so change the news thread to the "Thwart Report" thread!!!! LOL. I love it!!! I can just imagine a newcaster saying, "And on today's Thwart Report..." LOL.

 

[ThinkTank]

Originally Posted by sumbunny
- Dr. Kenneth Furton - Defense reaffirms their responses to 5 things in Court Order about him - Report due Jan 18, 2011 - there will be a Frye Hearing about Oak Ridge Lab and decomp odors being scientifically determined (respectfully snipped from ThinkTanks post above)

Was this supposed to be filed with the court on the 18th, or can the defense simply fax it over to the SA, and still be in compliance?

Didn't the judge already come down hard on them for faxing/e-mailing and casually distributing things instead of actually filing them. I thought they were clearly left with the impression that "if you don't file it, it does not count!"

It is also my interpretation that the information must be officially "filed" with the Clerk's office - not merely emailed or faxed. In the Judge's Order granting the Sanctions, he wrote: "...the report of Dr. Kenneth Furton shall be filed within 10 days of the date of this Order, [Jan 6, 2011] and the reports of the remaining experts shall be filed within 20 days...."
"Opinions that are not expressed in a written report or at depositions taken during discovery will not be allowed at trial."

In Ashton's Motion for Sanctions, he tells the Judge that the "information" the Defense filed on December 15th (a day late - 300 pages according to Mason) is not acceptable and that the Defense is in "deliberate non-compliance with the court's order..." Specifically regarding info on Dr. Henry Lee, Dr. Werner Spitz, Dr. Kathy Reichs, Dr. William Rodriguez, and Richard Eikelenbloom. Ashton says the information provided on these experts is "no information at all".

In the Jan 14, 2011 Hearing, Ashton apparently does not accept the "supplemental information" that Mason provided in the Defense Motion for Reconsideration (of Sanctions), as compliance with the court order. Ashton told the Judge he is still waiting for the Expert Reports as court ordered to be due on Jan 18th for Furton, and on Jan 26th for all other Experts.

The info on Experts that the Defense "filed" with the Clerk on December 15, 2010, is date and time stamped by the clerk. There has been nothing filed which is date stamped for Jan 18, 2011, that the public is aware of (yet).

 

[miimaa]

Jose's response to Sgt Allen like a Saturday Night Live skit! Almost laughable if it weren't so sad. They are all crazy imo.

Regarding the defense expert witness/reports/testimony etc. I believe the defense does not have much and that is why they are trying to avoid disclosing any information. IMO they are hoping to find someone - anyone - to refute the State's experts by the time trial rolls around. They have now been hoisted by their own petard.

 

[Intermezzo]

I have a feeling they won't be filing any reports and will challenge the judge's ruling that he can compel the defense to produce any reports. I think Mason feels he complied with his idiotic summary in his motion for reconsideration.

Casey signed and the Defense filed a Notice of Intent to Participate in Discovery on October 15, 2008 does that not mean anything?

http://billsheaffer.wordpress.com/
May 25 2010
The general rule in Florida is, pretty much without exception, when the Defense files its Notice of Intent to Participate in Discovery, pursuant to the Florida Rules of Criminal Procedure, both the State and the Defense are then obligated to timely provide all evidence in the possession of each, to one another, as set forth and defined by Rule 3.220 Fla. R. Crim.P. This duty to disclose is ongoing, up to commencement of trial. If either party breaches that duty, the Court has a broad range of sanctions it can impose on the offending partying, including, but not limited to, exclusion at trial of the witness or evidence not properly disclosed.

 

[Intermezzo]

It has been a long time coming, he has been pulling this childish bs from jump!
Remember this little gem?

September 19, 2008

Jose Baez, Esquire
522 Simpson Road
Kissimmee, FL 34744

Dear Mr. Baez:

In your correspondence to the Orange County Sheriff’s Office you have stated your willingness to fully cooperate with law enforcement regarding the investigation of Caylee Anthony’s disappearance within the confines of your ethical obligation to your client, Casey Anthony.

In response to your offer to fully cooperate, I am requesting that you provide the circumstances and location Caylee Anthony was last seen. As you are aware, the previous statements provided by your client have been false and misleading.

The law enforcement personnel involved in the search for Caylee Anthony acknowledge your ethical obligation to you client. We hope that it is your client’s genuine desire to help find her daughter and to uncover the truth. We are also hopeful that you are able to provide the circumstances and location that Casey Anthony last saw her daughter, and that you understand the information we are requesting is crucial to the search for Caylee Anthony. If you are willing to assist in this matter, please contact me at your earliest opportunity.

Sincerely,

Kevin Beary
Sheriff of Orange County

Sergeant John Allen
Criminal Investigations Division
Missing Persons Squad
(407) 254-7222
____________________________
Color coated....here is Baez's response

September 22, 2008
via facsimile

Orange County Sheriff’s Office
Attn: Sgt. John Allen
2500 West Colonial Drive
Orlando, FL 32408

Re: State of Florida v. Casey M. Anthony

Dear Sgt. Allen:

I was pleased to see that your office has decided to take me up on our offer to cooperate in the search for Caylee Marie Anthony. Albeit two months later, it is better late than never, I suppose.

I was, however, displeased by the fact that I had to hear about your fax from the media before I even got the chance to read it. Nonetheless, I will convey your message to my client and discuss it with her further.

Please give me a call when you are more interested in searching for Caylee, as opposed to trying to improve your office’s public relations image. I realize that your office is under a lot of pressure because you haven’t found Caylee, but you should conduct your efforts in a more productive manner as opposed to leaking your communications with me to the media.

Sincerely,

Jose A. Baez, Esq.

View attachment 13392

Thanks for re-posting this little gem

Baez DOES NOT address, in his response, what LE is requesting of Casey...that she provide TRUTHFUL information about the circumstances and location Caylee was last seen....because the previous statement given by Casey has turned out to be completely false...
LE acknowledges Baez's ethical obligation to his client..it's mentioned more than one..
Without TRUTHFUL information from Casey the search for Caylee is (here it goes) THWARTED
:twocents:

 

[ThinkTank]

Casey signed and the Defense filed a Notice of Intent to Participate in Discovery on October 15, 2008 does that not mean anything?

http://billsheaffer.wordpress.com/
May 25 2010
The general rule in Florida is, pretty much without exception, when the Defense files its Notice of Intent to Participate in Discovery, pursuant to the Florida Rules of Criminal Procedure, both the State and the Defense are then obligated to timely provide all evidence in the possession of each, to one another, as set forth and defined by Rule 3.220 Fla. R. Crim.P. This duty to disclose is ongoing, up to commencement of trial. If either party breaches that duty, the Court has a broad range of sanctions it can impose on the offending partying, including, but not limited to, exclusion at trial of the witness or evidence not properly disclosed.

What does Rule 3.202 say?
Finnell wrote that this "rule does not apply since the State did not timely file notice of intent to seek the death penalty or having filed such a notice withdrew the notice and filed a second notice after the expiration of the 45 day time period."

Finnell provided Discovery in accordance with Rule 3.220.

 

[Intermezzo]

What does Rule 3.202 say?
Finnell wrote that this "rule does not apply since the State did not timely file notice of intent to seek the death penalty or having filed such a notice withdrew the notice and filed a second notice after the expiration of the 45 day time period."

Finnell provided Discovery in accordance with Rule 3.220.

I am sure this has been addressed before when Andrea Lyon was part of the defense team and she was denied.

Pre-trial motions and defenses
Florida Rule of Criminal Procedure 3.202
Expert Testimony of Mental Mitigation During Penalty Phase of Capital Trial

3.202(a)
Notice to Intent to Seek Death Penalty
The provisions of the rule only apply in those capital cases in which the State gives written notice of its intent to seek the death penalty within 45 days from the date of arraignment.
Failure to give timely written notice under this subdivision does not preclude the State from seeking the death penalty


Page 66
Criminal Rules Update
http://www.ninthcircuit.org/programs-services/court-resource-center/downloads/CrimRulesUpdate.pdf


FRCP
Page 79
http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/BDFE1551AD291A3F85256B29004BF892/$FILE/Criminal.pdf?OpenElement

http://www.law.fsu.edu/library/flsupct/84273/op-84273.pdf

 

[ThinkTank]

I am sure this has been addressed before when Andrea Lyon was part of the defense team and she was denied.

Pre-trial motions and defenses
Florida Rule of Criminal Procedure 3.202
Expert Testimony of Mental Mitigation During Penalty Phase of Capital Trial

3.202(a)
Notice to Intent to Seek Death Penalty
The provisions of the rule only apply in those capital cases in which the State gives written notice of its intent to seek the death penalty within 45 days from the date of arraignment.
Failure to give timely written notice under this subdivision does not preclude the State from seeking the death penalty


Page 66
Criminal Rules Update
http://www.ninthcircuit.org/programs-services/court-resource-center/downloads/CrimRulesUpdate.pdf


FRCP
Page 79
http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/BDFE1551AD291A3F85256B29004BF892/$FILE/Criminal.pdf?OpenElement

http://www.law.fsu.edu/library/flsupct/84273/op-84273.pdf

THANK YOU for this info!! It is very helpful !
The only one I could not open was the "FRCP - Page 79" link?

So, Finnell is saying that she does not have to name the Defense Expert in mental mitigation until 20 days before trial [April 19, 2011], according to that Rule.

Finnell is saying she can defy Judge Perry's Order to list the Mitigation Expert by January 1, 2011, because the State filed notice of intent to seek the death penalty, but then withdrew the notice and filed a second notice which was past the 45-day time period after arraignment.

 

[Intermezzo]

THANK YOU for this info!! It is very helpful !
The only one I could not open was the "FRCP - Page 79" link?

So, Finnell is saying that she does not have to name the Defense Expert in mental mitigation until 20 days before trial [April 19, 2011], according to that Rule.

Finnell is saying she can defy Judge Perry's Order to list the Mitigation Expert by January 1, 2011, because the State filed notice of intent to seek the death penalty, but then withdrew the notice and filed a second notice which was past the 45-day time period after arraignment.

bbm
I went back to that link and it won't open for me either now...:doh: apologies

ThinkTank do you have a link to Finnel's Motion...just asking..I will go look as well.

bbm
Seems so..
Yet, I don't believe it is the State availing itself to the provisions that rule but, JBP has given a timeline to file notices, docs etc...I don't know how that affects the rule 3.202 (c) which says
" Defendant shall give notice of intent to present expert testimony not less than 20 days before trial'
http://www.ninthcircuit.org/programs-services/court-resource-center/downloads/CrimRulesUpdate.pdf
----------------------------

Just found this...about the Constitutionality of 3.202
http://www.law.fsu.edu/journals/lawreview/downloads/234/everhart.pdf

 

[TotallyObsessed]

Originally Posted by sumbunny
- Dr. Kenneth Furton - Defense reaffirms their responses to 5 things in Court Order about him - Report due Jan 18, 2011 - there will be a Frye Hearing about Oak Ridge Lab and decomp odors being scientifically determined (respectfully snipped from ThinkTanks post above)

Was this supposed to be filed with the court on the 18th, or can the defense simply fax it over to the SA, and still be in compliance?



It is also my interpretation that the information must be officially "filed" with the Clerk's office - not merely emailed or faxed. In the Judge's Order granting the Sanctions, he wrote: "...the report of Dr. Kenneth Furton shall be filed within 10 days of the date of this Order, [Jan 6, 2011] and the reports of the remaining experts shall be filed within 20 days...."
"Opinions that are not expressed in a written report or at depositions taken during discovery will not be allowed at trial."

In Ashton's Motion for Sanctions, he tells the Judge that the "information" the Defense filed on December 15th (a day late - 300 pages according to Mason) is not acceptable and that the Defense is in "deliberate non-compliance with the court's order..." Specifically regarding info on Dr. Henry Lee, Dr. Werner Spitz, Dr. Kathy Reichs, Dr. William Rodriguez, and Richard Eikelenbloom. Ashton says the information provided on these experts is "no information at all".

In the Jan 14, 2011 Hearing, Ashton apparently does not accept the "supplemental information" that Mason provided in the Defense Motion for Reconsideration (of Sanctions), as compliance with the court order. Ashton told the Judge he is still waiting for the Expert Reports as court ordered to be due on Jan 18th for Furton, and on Jan 26th for all other Experts.

The info on Experts that the Defense "filed" with the Clerk on December 15, 2010, is date and time stamped by the clerk. There has been nothing filed which is date stamped for Jan 18, 2011, that the public is aware of (yet).

In my experience, if you are up against a deadline, and you state in your certificate of service HOW you served a copy on the other side, that can suffice IF NOT CONTESTED by the other side. In other words, if you have an agreeable working relationship with the other side, stuff happens. Printers breakdown, copiers jam (always on a Friday at 4:45 pm I might add). I have hand delivered after hours a copy to the other side, AND shoved it in their mail slot, AND faxed it to their office AND put a copy in the mail. It shows due diligence.

But here, we are dealing with two opposing sides who certainly aren't on good terms....and therefore not willing to give an inch....so if I were the defense, I would make damn certain I met those deadlines.