2011.01.06 Baez Slapped with Formal Sanction

[cyberborg]

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.

So ... the strategy to dump 300 pages of noise (resume documents) at the last minute to buy time and obfuscate didn't fly eh?

:waitasec: You can usually tell if there is 'volume' that it is lacking 'content' and thus the content that was actually ordered. Busted ... doh! :floorlaugh:

 

[A_News_Junkie]

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)

Behind in reading but............
I wanna dance with SUMBUNNY! or somebody!LOL
:great::woohoo::woohoo::great::seeya:

 

[The World According]

Baaaaaam!!!! The only thing that could make this day even better is our good friends at TES blew the defense out of the water today too!!!!!!! Love, love, love Judge Perry.:rocker:


Casey Defense Witnesses: Area Was Submerged

"The Galloways told WESH 2 News on Thursday that the area where the remains were later found was under waist-deep water in September 2008. From what they saw, they said they believe Caylee Anthony's remains were present and submerged."http://www.wesh.com/caseyanthony/26562463/detail.html

Now the judge is going to KNOW it is a fishing expedition, of biblical proportions. I feel the purse tightening. oooooooch

 

[A_News_Junkie]

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?

:waitasec::waitasec: Well, 'supposedly' she did break up with her video man and well......... I am justa sayin'........ :innocent:

 

[A_News_Junkie]

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.

OMG -- that was a good read!!!!!!!!
Rock, paper, scissors ...........:floorlaugh: <------- note to self, read first post second! Otherwise you post what another like mind (like think tank) already posted! LOL

 

[Tulessa]

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

I think he did.
<Snipped From his blog>
http://blog.richardhornsby.com/

If Judge Perry wanted to legally fine Jose Baez, he would have had to hold him in contempt and hold a contempt hearing. See State v. Shelton, 584 So. 2d 1118 (Fla. 5th DCA 1991) (“Only through the use of criminal contempt procedures, direct or indirect, can a trial court assess fines or costs against an attorney in a criminal case.”). However Judge Perry specifically stated that he was not finding Jose Baez in contempt – for now. Thus his order requiring Jose Baez to pay the State Attorney’s office $583.73 was illegal.

But I still can't help doing a happy dance!!:crazy::woohoo::great:

 

[denjet]

I do not know?? The public does not know what Baez filed on Furton ... IF he filed any Expert Report by the due date of Jan. 18th?
I imagine the State would have to file another Motion (for additional sanctions?), if the State believes that the 300 pages of information on the Experts, that the Defense provided a day late, on December 15th, is still not in compliance with the Judge's Order.

Mason says in his Motion for Reconsideration, filed Jan 11, 2011, that the Defense has complied with the Judge's Order. And Mason seems to think that because many of the Defense Experts may not testify, that they are not required to provide Reports from those Experts.

But, Ashton said on Jan 14, 2011 that he is still waiting for the Expert Reports.

I would think the Defense would be required to file an Amended Defense Witness List, to officially REMOVE any Experts from the Defense Witness List, or else the Experts will remain obligated to be deposed by the State, and the Expert Reports will still be necessary. But, I'm not a lawyer ....

That's what is not making sense to me ... the defense didn't comply, forcing the state to file for sanctions, and hasn't complied as of Jan 14th according to Ashton and again according to Judge Perry in his denial of the defense's motion for reconsideration ... so .... WTH?

For starters, Jose should cough up his REAL list of experts pronto ... instead he's giving the state the run around by not providing his experts' reports and by adding insult to injury by not even providing a true list of experts they will be calling at trial ...

Surely, Jose is looking to get fined $500 a day for his deliberate defiance of the judge's orders and rules of discovery ... IMO he should be fined an addtional $500 a day for stupidity !!

 

[kaRN]

BBM

It does mean something. But I believe the defense is trying to find a loophole about what is actually required and the language of the rule. The defense is "claiming" that they have no expert reports to turn over. It's my opinion they are lying. At the bare minimum they were verbally told of their opinions, but I do think some of their experts did provide a written report. The defense is debating the specific obligations they are required to comply with, in their mind they have no obligation to turn over a written report and that they can't be made to make a report to hand over to the state. And that seems to be what they're sticking to.

It seems they don't want to show their hand, or they don't know what their hand is and do not want to be tied down to anything so they can change things at any time.

The judge in his wisdom, is aware that all scientific investigation is documented from beginning to end. If it wasn't documented, it wasn't done. Period. If the expert hasn't documented their opinion, they don't get to take the stand and recall from memory what they think they remembered their testing showed, whatever that testing method was, but who knows because it wasn't documented and can never be peer reviewed.
Baez doesn't like the reports he received IMO. They supported the SAO's forensic claims and rather than remove names from his expert witness list and appear weak, he's trying to keep them on as a form of intimidation, and will never call them to the stand ever.
I believe the defense hopes that the judge will disallow the testimony of expert x, y and Z and this will allow for a possible appeal issue. At least in their own minds.

 

[LolaMoon08]

Jose is just asking for it... he reminds me of a three year old, who, when you tell them not to touch something, they look at you with those wide eyes and inch closer and closer to what they want to touch and you just stare at them... DARING them to touch it. Too bad Jose isn't a three year old who can get away with such cuteness.

 

[kaRN]

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?

My money is on Early Alzheimers.

 

[strawberry]

My money is on Early Alzheimers.

You know, I don't know if you're kidding but that thought occurred to me as well. Maybe it was the news that Reagan's son now says he saw signs of it in the White House...maybe it's because my MIL has dementia and hindsight is 2020 as to the early stages. I also had a coworker who was ridiculed for her forgetfulness and it turned out to be early dementia..she was in her 50s.

 

[TakeNote]

Jose is just asking for it... he reminds me of a three year old, who, when you tell them not to touch something, they look at you with those wide eyes and inch closer and closer to what they want to touch and you just stare at them... DARING them to touch it. Too bad Jose isn't a three year old who can get away with such cuteness.

kinda like this? :floorlaugh:

[ame]http://www.youtube.com/watch?v=nj5Gf5xbBfE&feature=related[/ame]

 

[kaRN]

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.

I love that judge!!!

 

[seeing_eye]

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

I don't think his problem is his hearing. I think it is his memory or dementia. JMO

 

[krisskross]

Baaaaaam!!!! The only thing that could make this day even better is our good friends at TES blew the defense out of the water today too!!!!!!! Love, love, love Judge Perry.:rocker:


Casey Defense Witnesses: Area Was Submerged

"The Galloways told WESH 2 News on Thursday that the area where the remains were later found was under waist-deep water in September 2008. From what they saw, they said they believe Caylee Anthony's remains were present and submerged."http://www.wesh.com/caseyanthony/26562463/detail.html

Now the judge is going to KNOW it is a fishing expedition, of biblical proportions. I feel the purse tightening. oooooooch

Would love to know how many hours were billed against the Galloways for
so called investigative work. How in perdition were these people offered up as potential defense witnesses. :floorlaugh:

 

[Steely Dan]

Does anybody else think it would be hysterical if the check bounced? :crazy:

 

[strawberry]

Would love to know how many hours were billed against the Galloways for
so called investigative work. How in perdition were these people offered up as potential defense witnesses. :floorlaugh:

Just wanted to say your avatar cracks me up everytime I see it.:floorlaugh:

 

[LancelotLink]

I was curious about RH's blogs. I'm no lawyer and don't play one on TV, but
According to the FRCP-
3.220(n) sanctions
(2) Willful violation by counsel or a party not represented by counsel of an applicable discovery rule, or an order issued pursuant thereto, shall subject counsel or the unrepresented party to appropriate sanctions by the court. The sanctions may include, but are not limited to, contempt proceedings against the attorney or unrepresented party, as well as the assessment of costs incurred by the opposing party, when appropriate.

The cases cited by RH dealt with seating juries, wasting the court's time. HHJBP imposed sanctions due to willful defiying a court order of discovery. As HHJBP says, sounds like apples and oranges.

I also wonder if HHJBP read RH's blog since he cited the rule on which he based his decision.

 

[seeing_eye]

You know, I don't know if you're kidding but that thought occurred to me as well. Maybe it was the news that Reagan's son now says he saw signs of it in the White House...maybe it's because my MIL has dementia and hindsight is 2020 as to the early stages. I also had a coworker who was ridiculed for her forgetfulness and it turned out to be early dementia..she was in her 50s.

Actually, symptoms similar to dementia can be caused by things other than Alzheimer's or other old age dementia. Almost 20 years ago I had those same symptoms which caused my friends and family (including myself) to fear that it was early onset dementia of some sort. However, I was diagnosed with severe sleep apnea which was causing a lack of oxygen to the brain. Using a Bi-pap machine, all my symptoms disappeared almost overnight. And I've been using it for years now with good results. Maybe Cheney needs to go to a sleep clinic? I've noticed he looks like he's napping sometimes at the defense table. :bedtime:

 

[LancelotLink]

As for CM, a friend of mine recently saw him on a program defending in a trial from at least a decade ago. She recognized his voice immediately, but was stunned at how sharp he was. She said it was as if she were watching a different person.