The defense since jump had the right to review all of the documents, just as Brad and Mrs. Drane-Burdick did.
The deal was always that they could REVIEW them all, and tab them.
The deal was always that there would be no taking any documents away from the review.
The deal was always that the documents they were interested in would be tabbed for the judge to review
THE JUDGE WOULD DECIDE their relevance. This part is important, the record reflects that many times, many, many, many times the judges in this case have shot down what the defense deems relevant. I listed one time all the motions they have lost so far, let me find that for us. It is shockingly long!
ONLY if, as, and when the judge deemed any additional searchers to be relevant would the defense get those documents.
Never were they going to be in any position to release names that the judge did not specifically agree were relevant. Now that has been made even more clear to them, and if the defense lawyers should make any steps toward doing so, it would be career suicide to defy this judge. That is a huge win to settle the concerns of Mr. Miller. No question.
In actuality, the defense got more restrictions on them. In the beginning they were being allowed to review them with only a law clerk or volunteer sitting in. Now they have a retired judge sitting in. Think Poodle ...Rottweiler, different tone , eh?
Yes, now they can take notes. That means nothing. There is going to be no public release on the morning talk shows of dirt they dig up on Mr. Johnson, 54, who once had a DUI, during the time he had a drinking problem, in so and so state and what his mother in law describes as a reckless , troubled man who she didn't trust around her grandchildren, she recalls she decided that on a fall day, it was Wednesday, his shoes were brown.
No one is going to get Kronked. None of these people are going to blogged about or discussed by Mason and Baez on In Session or GMA, or even Geraldo. That little stunt they pulled last time when the Kronked the utility worker hero who found the baby, when they went on every talk show and showed heavily edited videos of very hostile ex wives who made the most ridiculous outlandish, unsubstantiated accusations anyone had ever seen a legitimate news station allow, that by the way never were put in the court file and the State Prosecutor sure hadn't been given in discovery....that is not going to happen again, not now that the judge knows what they do. I am sure it was made very clear to them.
The defense feigning victory is the oldest trick in the book, save for "Trust me" whispered from a teenage boy to his nervous girlfriend. It is public relations 101, look happy, smile, say hello to folks, never let them see you sweat. Look confident, perception is reality. I teach it to the girls I mentor. If Baez does not, Cheney certainly knows to act for the camera, those fifteen seconds of the lawyers walking out of the Judge's chambers will be on every channel of the evening news and CNN. If you only saw that and read the headline, you would come to the desired inference...wow things sure went their way in there.
If you watch the press conference again, note that Cheney Mason sat there and violated the court order if indeed the judge sealed it and ordered them not to publicly divulge what went on in there. I don't think it was an accident exactly what he slipped up and blurted out. Indeed he chose to reveal that Mark just was in there and admitted it was a quid pro quo. Oh my. That was planed , imo, because the clear inference he wants the listener to draw is ...
Mark did something against the rules;
Mark should be held to task;
The judge must have let Mark have it, etc. etc.
One doesn't work in their same field for nearly forty years and mis speak. He let that out so every one would run with it.
The reason he felt compelled to try to get that out in the public domain is because indeed he is still the cat chasing that elusive canary, so he is still grasping at straws for the jury pool.
MOO
They know how to fake a smile, but if they believe they won somehow, they certainly have a poor understanding of what a victory would be. This reminds me of the hearing about the experts. Remember that little gem? Baez started out that he was going to be allowed to have his experts examine the evidence and the Sheriff Department would have a person there as well. That was a given, no two ways about it. Indeed the OCSD is going to be required to testify that for the entire time since they collected it, they had care, custody and control over it. It was painful to watch the debacle about drawing attention to Dr. Henry Lee, Mr. Baez put the lid on the topic forever by illustrating the very reason it was a ridiculous request for experts to be left alone with evidence. Indeed a judge found that an expert tampered withe evidence in another case, it just so happens that out of all the Florida or national experts, guess who Baez had picked to be on this case....that very man. My mouth just hung open when Baez argued this as his example. Baez feigned victory when he exited that hearing too. The very funny thing is they emerged from the hearing with EVEN MORE restrictions. Now not only was the OCSD going to be there, the judge ordered the State's Attorney's Office to also send someone, hold on to your seat...and to videotape it!! All the lawyers opined immediately what an outrage is was that Baez was in there arguing for things that would NEVER happen, he is in over his head and indeed the death qualified lawyer should be there!!!
So, don't worry when they pretend they are the cat that got the canary. They wouldn't know a canary if it bit their nose. In the words of Mr. Nejame , "I am being overly generous in my characterization".