2011.01.06 Baez Slapped with Formal Sanction

[cyberborg]

... and how does all of this (whole other sideshow) go to best defend ICA ... unless trial by ambush is the desired goal or a trial delay?

JB always seems to be focused on distractions, such as media focus or privacy as his top priority versus the devil in all of those pesky guilt proving details.... focus anyone?

 

[Mrs G Norris]

....all this talk about not knowing what the state will be presenting seems slightly disingenuous also, surely the experts would have gone over the discovery and should be able to work out how the state will use the evidence to make their argument, it can't be too much of a mystery to them. Baez is presenting this compliance as if the state cannot be trusted and will be engaging in a trial by ambush whereas he must give up his argument right off the bat. Nothing could be further from the truth, but it's fairly obvious what their strategy will be. They will be going after the State as opposed to attempting to prove their client 'not guilty' .. so if the jury feels like the court and the prosecution are trustworthy individuals and the defense are not then they haven't got a hope in hell....not that they do anyway, but this strategy will backfire badly IMO.

 

[Susanlee]

Okay, so I have a question for all of you that has me saying :waitasec:

First, let's agree this sanction is about Baez not filing complete reports (or any) on his descriptions of expert witnesses to the state, plus entirely missing the filing to the court date.:loser: No problem, right?

AZLawyer has just said Dr. Spitz did the second autopsy six days after Dr. G. did hers, in December of 2008! So are you telling me Mason is using a report from an expert on an examination done TWO YEARS AGO as his excuse for late filing and fighting this sanction? :banghead::banghead::banghead:

Somebody help me out here because this head banging hurts!:maddening:

I want to help you, but my head hurts more:banghead:

 

[Spangle]

I so believe Judge Perry will hear this Friday. It's such a time sensitive issue. Here, I thought we were going to, at best, hear what sort of hotels the defense wants vs. the State. I was wondering if Baez was going to argue that a 340 page juror questionnaire made up by his "pro-bono" jury selection expert would be crucial to choosing a trial.

Now, I can see Cheney Mason rehashing old complaints... how Henry Lee couldn't work on the site along with le, how HE discovered those 17 hairs (right!), yadda, yadda, yadda...

We've thrown the State a few more crumbs of information... like how Dr. G. messed up the autopsy and the mud in the skull... yadda yadda yadda.

We don't THINK these people will testify...we don't need their reports, yadda, yadda, yadda.

Our hero, Jeff Ashton will stand up and blast them as he has done so many times before.

Judge Perry will ask Mason, "Do you remember what was in my last order?"

Mason will say, "I don't remember..."

Baez will chime in with, "I can explain..." (Mason throws him a dirty look.) We would have been on time but I didn't have all the... oops... the guy was stuck in a horrific traffic jam... er...

Mason will mumble... with all the great information we tossed in this motion we've given the State what they need to ...

Judge Perry: And when are the experts written reports due?

Mason: I don't remember.

Baez: Let me answer that, May 1!

Don't you mean April 1st?

 

[CarolinaMoon]

Don't you mean April 1st?

Sorry, forgot my sarcasm alert. Sometimes I get carried away!

 

[cyberborg]

And JB went down this rat hole because he did not want to share Defense expert rebuttals by claiming there was nothing in writing ... No reports ... No notes. Now he is stuck with needing to provide a synopsis, summaries, lists.

Had JB simply had or shared the reports he could have dumped a lot of noise on the SA. He does not have the volume of text, in fact does not have much ...so the Defense hand is more obvious to the SA -- he is stuck between a rock and a hard place with so little to discover. He needed AL's students to generate some volume of credible reports.

 

[LancelotLink]

Am I correct in surmising that through all of this, the State still did not ever receive the requested materials on Fairgrieve? The subject matter, et al?
Or is it buried somewhere in the 300 pages?

 

[Lanie]

When I approach a problem I always like to scrape off the icing, all the thingamagigs and whoopdedoos splashed all over the place and get down to the cake of the problem. (I like cake:cupcake: and it's my analogy)

So HHJP sanctioned Baez for two things - right? For first filing incomplete records on experts depositions and reports, and second for not meeting a precise re-filing date and time.

And Mason has tapdanced, tried a little shucking and jiving, promanaded to the left and the right, tried the hokey pokey, and just generally attempted to obfuscate the facts in HHJP's sanction coming up with additional information to prove HHJP sanctions were correct, by submitting expert information that was indeed not on said reports Baez has been accused of not filing, and second blaming the lateness on first Baez's faulty memory because he did not remember his junior aimlessly driving around in traffic for about six hours before returning defeated to the Baez corporate offices and flogging off this duty to an assistant.

May I repeat - What the ......?:banghead:

I know CM has been practicing for some 40 years or so, but may I suggest he got lot somewhere between the thingamagigs and the whoopdedo's on this cake.

Just for CM - may I present the basis for logic:

Definition of Logic
Logic
The science or art of exact reasoning, or of pure and formal thought, or of the laws according to which the processes of pure thinking should be conducted; the science of the formation and application of general notions; the science of generalization, judgment, classification, reasoning, and systematic arrangement; correct reasoning.

In other words Mr. Mason, your motion against sanctions is an "epic fail".

BBM

Thanks, I needed that.

 

[ldh]

And JB went down this rat hole because he did not want to share Defense expert rebuttals by claiming there was nothing in writing ... No reports ... No notes. Now he is stuck with needing to provide a synopsis, summaries, lists.

Snipped by me.

I wonder if JB had reports with dates near the dates of examination. JB has claimed he has no reports and wonders how he can go back to his witnesses and get them to forward another report with a current date. Just my sleepy suspicions and opinion only. No factual support.

Oh what tangled webs.....

 

[Macushla]

What is so da*n sad about how ridiculous this has become - How many times has Caylee's name even been mentioned in the last how many motions filed by the defense?

How did this go from the death of a 2 1/2 year old little girl and the arrest of her mother for this crime to the 3 ring circus starring JB and CM?

I think that is what makes me the angriest about what the defense has been doing, they have shifted the focus from Caylee to them - and that is wrong on so many levels! I am looking forward to the trial when the Prosecution stands up and begins their case. You can be sure that they won't ever say, the child, the kid, the little girl, they will say Caylee's name loudly, clearly and very very frequently. I can't wait.

 

[Mrs G Norris]

^ Yes I was thinking that when watching the Sanctions hearing, even the prosecution did not mention her by name, but called said 'the victim in this case' as if she was a point of law, or a theoretical element. Caylee was a little PERSON with a favorite doll, a favorite colour, who loved looking at the stars and moon, who loved her pets and who even loved her diabolical mommy. I want the prosecution to start their case by introducing Caylee as a person and giving her a personal identity. The thought of that child getting any more lost in this trial than she was in real life is just heartbreaking.

 

[LancelotLink]

So, on the day of the Fairgrieve deposition, JB dumps 300 pages for the state to have to fish through and they complain and wonder why HHJBP placed him in contempt? Pusillanimous.

 

[The World According]

Would anyone like to guess what HHJP's offical response to this motion will be?

Motion will be denied.
What is our next motion, Mr. Mason?, Judge Perry will ask, without looking up from his papers for a response.
Jose will ask for clarification.
You asked for me to set aside my prior ruling, I denied it .....judge will explain, tilting his head and eyebrow simultaneously, with the sit down little brother look that so he so often gives to Jose.

It will look very much like this little tutelage. Priceless. For Lancelot, go to twenty two minute mark, watch Mr. Ashton shaking his head about the 4:49pm filing of secret papers. Hysterical!![ame]http://www.youtube.com/watch?v=8twqTVs6ZGY[/ame]

[ame]http://www.youtube.com/view_play_list?p=93AE26DF7D1240EB&playnext=1&v=zAzaJYH1XyM[/ame]

 

[Reagan]

Reagan, can I borrow this? Too, too, tooo funny!!!:floorlaugh::floorlaugh::floorlaugh::great:

Most definitely friend!! :rocker:

ETA: I leave for one day and now I have like 100 pages to catch up on. Oi!!! :crazy:

 

[A_News_Junkie]

Not only did CM reference Smith v. State 873 So 2d 585 (3DCA 2004)...but now we can likely assume that CM invited Ret. Judge Eaton to sit in on the hearing.

HHJP likely saw through the "implied" message that CM was trying to send, and thus called CM's attention to the "early" departure of Eaton.

:rant:

Well the way I read that case - CM is his own worst enemy. This recent motion shows he is continuing to challenge the ruling and respect of the judge and he is still showing signs that they will not conform to the ruling of the court for reports, etc. Smith vs. State seemed to come down to the essential (required) component that there be proof that he had intentionally disobeyed a direct court order of the court.
:waitasec: Seems to me that lying, changing story, half truths and even admission when asked why he didn't pick up the phone (didn't feel he needed to, right?) all support he was willfully disobedient. Then to come in 5 days later with the phantom traffic debacle - really -- seriously; how does that show respect for the judge, the court system and the taxpayers funding this horse and pony show of the defense?
Right or wrong, verified lawyers?
:rant:

 

[Itsy]

I did not see where anyone had posted this; sorry if I overlooked someone else's post & missed it.

Baez handed over his check today. Story/comments at http://blogs.orlandosentinel.com/en...miners-work-jose-baez-pays-fine.html#comments

Does this mean the motion is now moot?

PS - Why isn't my post moving the topic to the top of the list? (just wondering, lol)

PPS: Snipped from article:

***WFTV-Channel 9 reported that Jose Baez today paid the nearly $600 fine that Chief Judge Belvin Perry handed down last week.

“We’re still waiting for a ruling on a defense motion asking the judge to reconsider the sanctions against Baez,” anchor Martie Salt said.

Guess I should have kept reading after the part where I saw he paid the fine, lol :crazy:

 

[A_News_Junkie]

I did not see where anyone had posted this; sorry if I overlooked someone else's post & missed it.

Baez handed over his check today. Story/comments at http://blogs.orlandosentinel.com/en...miners-work-jose-baez-pays-fine.html#comments

Does this mean the motion is now moot?

PS - Why isn't my post moving the topic to the top of the list? (just wondering, lol)

PPS: Snipped from article:

***WFTV-Channel 9 reported that Jose Baez today paid the nearly $600 fine that Chief Judge Belvin Perry handed down last week.

“We’re still waiting for a ruling on a defense motion asking the judge to reconsider the sanctions against Baez,” anchor Martie Salt said.

Guess I should have kept reading after the part where I saw he paid the fine, lol :crazy:

Hi JB - glad to see you read at WS and knew to pay your fine! :seeya:

 

[Sammiejam]

Sweet Jesus. That motion made my left eye twitch.

I laughed. And then got mad. And then had to stop reading.

The word BUFFOON springs to mind.

 

[Horace Finklestein]

Hope he paid with a money order from Amscot. Don't think you could trust a check from him, given his problems with money and responsibility.

 

[zoey]

Exactly. I imagine traffic was running smoothly earlier? So, if he had left 2 hours before lunch hour instead of rush hour...just like Zanny. If only she had left the Hard Rock a little sooner, she would not have been in that accident...oh wait...:liar:
I think I just bifurcated all over myself.

However, when something is due at 12:00pm/NOON you don't leave in the afternoon to get there on time....you are already late:maddening: