2011.01.06 Baez Slapped with Formal Sanction

[faefrost]

http://www.wesh.com/r/26561291/detail.html

Perry Won't Reconsider Defense Sanctions

"Judge In Case Against Casey Says Defense Was Never Held In Contempt"

http://www.wesh.com/pdf/26561606/detail.html (can read it here)

And JB's bad 2011 continues rolling along.

Is anyone else betting that JA is waiting until next week, when all of the dealines have been missed before firing off his next well worded request for further sanctions? I mean at this point the SA's have to be sitting there watching this all in rapt fascination, wondering just how far the defense will go. It's like watching a train wreck in slow motion. They just can't look away. I mean they don't want to file anything now for the one missed report. That would spoil or ruin the big surprise next week when they get to see what sort of half assed lame filing they dump in at absolutely the last minute with no basis in law, reality or the english language. It's sort of the same reason that people watch the Jersey Shore. It's such a horribly bad example of humanity at its dumbest that you just can't look away.

 

[TotallyObsessed]

Sadly CM says in his motion (paraphrasing) "It's because Baez is a newbie that he made this terrible mistake"

What is CM's excuse?

He's an oldie.

 

[Janey lou]

she'll probably need Vincent Gambini

 

[sumbunny]

$500.00 dollar a day sanctions heading to the defense team in 10, 9,8,..............

 

[QB.]

Things that make you go hmmm... So Baex didn't understand HHJP's sanction.
That means CMason didn't either, since he wrote the objection.
:floorlaugh:

Sadly, I also misunderstood the sanction - until I read RH's blog.
Perhaps someone should send them a link. :floorlaugh:

 

[JSR]

The Defense are taking a dangerous route but, if they basically have nothing then maybe they have little to lose and everything to gain.

By playing with the rules of Reciprocal Discovery and claiming there are no written reports it seems like the Defense are using this as a 'smoke screen' but may also afford them an opportunity for an appeal ... thus creating a major distraction and delay.

It seems like this is new territory, not to have any expert reports to share and being compelled to write a synopsis together with topics the expert will cover -- else it is excluded from trial unless discovered in depo.

Sounds like CM playing games to upset the apple cart and take the SA off their stride.

Exactly. They are playing games. And dangerous ones at that. As much as I think Casey is guilty now is not the time to play expert testimony Russian roulette.

And as much as I really really dislike Cindy. If I were her I would be PISSED. I know she doesn't want to see her daughter executed, regardless if she truly believes Casey murdered Caylee (that's a whole different can of worms). This is her daughters life they're playing with. Trials are about strategy for sure. But you can still play by the rules and not say HOW you are planning to use your evidence. It's such a sad train-wreck.

 

[Aedrys]

He's an oldie.

but so not a goodie...

 

[TotallyObsessed]

Exactly. They are playing games. And dangerous ones at that. As much as I think Casey is guilty now is not the time to play expert testimony Russian roulette.

And as much as I really really dislike Cindy. If I were her I would be PISSED. I know she doesn't want to see her daughter executed, regardless if she truly believes Casey murdered Caylee (that's a whole different can of worms). This is her daughters life they're playing with. Trials are about strategy for sure. But you can still play by the rules and not say HOW you are planning to use your evidence. It's such a sad train-wreck.

You know, JSR, you are sooo right about CA. Just think back, to that ungodly temper she has, and how she unleashed it with a drop of the hat on anyone standing within 2 feet of her.....but not once in those courtroom hearings have we seen anything that even looks like anger directed at JB. She is always waiting in the wings for him after each hearing, with a smile on her face. I just cannot fathom what goes on between those ears of hers. I guess because JB professes to "believe" her daughter's story?

 

[LambChop]

Sadly CM says in his motion (paraphrasing) "It's because Baez is a newbie that he made this terrible mistake"

What is CM's excuse?

His hearing?????? Maybe CM should get one of those computers for the deaf where the words are written on the bottom. That way he could sit in court and read what is being said. I'm sure he will state that he misunderstood what the judge said. If his hearing is that bad and he wants to continue defending clients in court he needs something better in the form of hearing aids. jmo

 

[cottoncandy]

I’m not sure RH understood the sanction either because he said "Judge Perry’s order to pay the State’s attorney fees is clearly prohibited by existing case law." The judge said in his order “The assessment of $583.73 against counsel was a sanction authorized by Florida Rule of Criminal Procedure 3.220(n)(2) for willful violation of a discovery order after the Court granted the State’s request for additional discovery pursuant to Florida Rule of Criminal Procedure 3.22(f). Sub-section (f) authorizes the Court to require ‘such other discovery to the parties as justice may require.’“ Maybe Florida defense lawyers need annual refresher courses, lol.

http://blog.richardhornsby.com/

Order denying motion for reconsideration:
http://www.wesh.com/pdf/26561606/detail.html

 

[LambChop]

You know, JSR, you are sooo right about CA. Just think back, to that ungodly temper she has, and how she unleashed it with a drop of the hat on anyone standing within 2 feet of her.....but not once in those courtroom hearings have we seen anything that even looks like anger directed at JB. She is always waiting in the wings for him after each hearing, with a smile on her face. I just cannot fathom what goes on between those ears of hers. I guess because JB professes to "believe" her daughter's story?

I don't think anything between her ears is doing any thinking.

 

[ynotdivein]

The footnote is delicious (link to PDF here):

"Counsel now details efforts to fax approximately 300 pages, which the Clerk's office declined, as well as attorney William Slabaugh's trek through rush hour traffic to file these pages, only to reach the courthouse after closing time on the date the information was due. Counsel did not previously offer the information set forth in Page Six of the instant Motion for Reconsideration. Regardless, counsel was directed to provide "a statement of the specific subjects upon which the expert will testify and offer opinions; the substance of the facts to which the expert is expected to testify; and a summary of the expert's opinions and the ground for each opinion." Dropping 300 pages of documentation into the court file cannot reasonably be interpreted to comply with this direction."

:croc:

 

[Intermezzo]

The footnote is delicious (link to PDF here):

"Counsel now details efforts to fax approximately 300 pages, which the Clerk's office declined, as well as attorney William Slabaugh's trek through rush hour traffic to file these pages, only to reach the courthouse after closing time on the date the information was due. Counsel did not previously offer the information set forth in Page Six of the instant Motion for Reconsideration. Regardless, counsel was directed to provide "a statement of the specific subjects upon which the expert will testify and offer opinions; the substance of the facts to which the expert is expected to testify; and a summary of the expert's opinions and the ground for each opinion." Dropping 300 pages of documentation into the court file cannot reasonably be interpreted to comply with this direction."

:croc:

Oh My JBP :rocker: ..attorney Slabaugh's TREK through rush hour traffic...:floorlaugh:

BUT WAIT. the Defense never mentioned rush hour traffic....Slabaugh said he left in the afternoon to drive to Orlando and was thwarted by traffic :floorlaugh:

 

[JSR]

The footnote is delicious (link to PDF here):

"Counsel now details efforts to fax approximately 300 pages, which the Clerk's office declined, as well as attorney William Slabaugh's trek through rush hour traffic to file these pages, only to reach the courthouse after closing time on the date the information was due. Counsel did not previously offer the information set forth in Page Six of the instant Motion for Reconsideration. Regardless, counsel was directed to provide "a statement of the specific subjects upon which the expert will testify and offer opinions; the substance of the facts to which the expert is expected to testify; and a summary of the expert's opinions and the ground for each opinion." Dropping 300 pages of documentation into the court file cannot reasonably be interpreted to comply with this direction."

:croc:

I like when Judge's use footnotes. That footnote is ALMOST as good as the ones JS used in his last humdinger of an order.

Attached is another humdinger from a federal judge in Flordia. This order was passed around my firm for laughs. The back story is apparently the parties were arguing about the location of a 30(b)(6) deposition. So this is what the Judge issued in response to the parties request that the Court intervene.

Absolutely CLASSIC!!!!!!!!

**Note again, my firm did not represent any party in regards to the attached Order. But as I've said many times, the legal community is VERY small. And when entertaining things happen in the legal field, word spreads quickly, very quickly. If I had to guess I would wager that JB is literally the laughing stock of the local Florida legal community.

 

[ThinkTank]

The footnote is delicious (link to PDF here):

"Counsel now details efforts to fax approximately 300 pages, which the Clerk's office declined, as well as attorney William Slabaugh's trek through rush hour traffic to file these pages, only to reach the courthouse after closing time on the date the information was due. Counsel did not previously offer the information set forth in Page Six of the instant Motion for Reconsideration. Regardless, counsel was directed to provide "a statement of the specific subjects upon which the expert will testify and offer opinions; the substance of the facts to which the expert is expected to testify; and a summary of the expert's opinions and the ground for each opinion." Dropping 300 pages of documentation into the court file cannot reasonably be interpreted to comply with this direction."

:croc:

LOVE IT! especially the "Dropping 300 pages of documentation into the court file cannot reasonably be interpreted to comply with this direction."

So, when Mason wrote in the Motion for Reconsideration, repeatedly, that the Defense had already "substantially complied" [by filing the 300 pages on Dec. 15th] with the Court's Order to provide 5 areas of information on the Defense Experts .... the Judge does NOT agree with Mason's assessment.

 

[sumbunny]

I’m not sure RH understood the sanction either because he said "Judge Perry’s order to pay the State’s attorney fees is clearly prohibited by existing case law." The judge said in his order “The assessment of $583.73 against counsel was a sanction authorized by Florida Rule of Criminal Procedure 3.220(n)(2) for willful violation of a discovery order after the Court granted the State’s request for additional discovery pursuant to Florida Rule of Criminal Procedure 3.22(f). Sub-section (f) authorizes the Court to require ‘such other discovery to the parties as justice may require.’“ Maybe Florida defense lawyers need annual refresher courses, lol.

http://blog.richardhornsby.com/

Order denying motion for reconsideration:
http://www.wesh.com/pdf/26561606/detail.html

Perhaps the defense doesn't do their own work and simply read blogs to get their information? ~snorts~

Richard Horsby should be proud

 

[The World According]

http://www.wesh.com/r/26561291/detail.html

Perry Won't Reconsider Defense Sanctions

"Judge In Case Against Casey Says Defense Was Never Held In Contempt"

http://www.wesh.com/pdf/26561606/detail.html (can read it here)

Another balloon down day for Jose Baez, Cheney Mason and Casey Anthony

[ame]http://www.youtube.com/watch?v=guL4KgkheoM[/ame]

 

[ThinkTank]

I like when Judge's use footnotes. That footnote is ALMOST as good as the ones JS used in his last humdinger of an order.

Attached is another humdinger from a federal judge in Flordia. This order was passed around my firm for laughs. The back story is apparently the parties were arguing about the location of a 30(b)(6) deposition. So this is what the Judge issued in response to the parties request that the Court intervene.

Absolutely CLASSIC!!!!!!!!

**Note again, my firm did not represent any party in regards to the attached Order. But as I've said many times, the legal community is VERY small. And when entertaining things happen in the legal field, word spreads quickly, very quickly. If I had to guess I would wager that JB is literally the laughing stock of the local Florida legal community.

Oh that is RICH!!!!!
rock - papers - scissors!!!

 

[ynotdivein]

I like when Judge's use footnotes. That footnote is ALMOST as good as the ones JS used in his last humdinger of an order.

Attached is another humdinger from a federal judge in Flordia. This order was passed around my firm for laughs. The back story is apparently the parties were arguing about the location of a 30(b)(6) deposition. So this is what the Judge issued in response to the parties request that the Court intervene.

Absolutely CLASSIC!!!!!!!!

**Note again, my firm did not represent any party in regards to the attached Order. But as I've said many times, the legal community is VERY small. And when entertaining things happen in the legal field, word spreads quickly, very quickly. If I had to guess I would wager that JB is literally the laughing stock of the local Florida legal community.

:spit: Who has the screen squeegee? Maybe some towels too... :floorlaugh: JSR! Thanks for sharing!

 

[JSR]

Oh that is RICH!!!!!
rock - papers - scissors!!!

Yup. Apparently the Judge got disgusted. You would be surprised at the petty stupid squabbles attorneys have between each other. It's a constant pissing contest.