Casey Anthony's defense wants prosecutors removed

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Theonly1 said:
There was an update on the local Orlando radio so I'll paraphrase it (87.7 station):

They were saying the Baez has reason to believe "someone" from the State's Attorney's office sent in a complaint or information having to do with the complaints filed against Baez with The Florida Bar. Thus, since Baez "thinks" someone from the SA office is trying to get him in trouble with the Bar (and perhaps removed from the case) that this complaint interferes with Casey's case. He wants ALL the attorneys removed from the case and the Casey's trial moved to another office. Oh brother...
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Is it certain the complaint came from the State Attorney's office?
could it have been sent by a Florida resident?
 
Intermezzo said:
Is it certain the complaint came from the State Attorney's office?
could it have been sent by a Florida resident?
Click to expand...

I used to work for The Florida Bar a long time ago. The complaints are sworn to. If someone calls they can b*tch and gvetch and whine about their attorney until the cows come home but if they are not williing to put it in writing and swear to the facts as they know them then no file is opened. You would not BELIEVE the stuff people will say about the attorney but will not swear to it! They just want you to "take their word for it" but won't put it in writing or sign that they are telling the truth!

Advertising is different and I assume the reasoning is that "it is what it is" on its face. If an attorney does not follow the advertising rules and The Florida Bar gets ahold of a printed ad or a commercial that is in clear violation then a Bar complaint will be opened. Joe Public does not have to "swear" he saw the ad or was effected by it (but some advertising complaints are done exactly this way).

And when attorneys get arrested then the Bar has the obligation to open a complaint (even if it is not public but I digress) and look into the matter. I assume that there would not be an individual "swearing" to the offense because the police arrest documentation would contain a sworn record of the illegal event.

Anyway, just my .o2c,

T

PS. Could a State's attorney have called the ethics hotline and queried them about these allegations? I suppose they could have but I don't think they would have succeeded in getting a complaint open in this fashion.

Could a Florida resident (non-attorney) called the ethics hotline and got a complaint opened with no sworn statement? I don't think so.
 
Theonly1 said:
I used to work for The Florida Bar a long time ago. The complaints are sworn to. If someone calls they can b*tch and gvetch and whine about their attorney until the cows come home but if they are not williing to put it in writing and swear to the facts as they know them then no file is opened. You would not BELIEVE the stuff people will say about the attorney but will not swear to it! They just want you to "take their word for it" but won't put it in writing or sign that they are telling the truth!

Advertising is different and I assume the reasoning is that "it is what it is" on its face. If an attorney does not follow the advertising rules and The Florida Bar gets ahold of a printed ad or a commercial that is in clear violation then a Bar complaint will be opened. Joe Public does not have to "swear" he saw the ad or was effected by it (but some advertising complaints are done exactly this way).

And when attorneys get arrested then the Bar has the obligation to open a complaint (even if it is not public but I digress) and look into the matter. I assume that there would not be an individual "swearing" to the offense because the police arrest documentation would contain a sworn record of the illegal event.

Anyway, just my .o2c,

T

PS. Could a State's attorney have called the ethics hotline and queried them about these allegations? I suppose they could have but I don't think they would have succeeded in getting a complaint open in this fashion.

Could a Florida resident (non-attorney) called the ethics hotline and got a complaint opened with no sworn statement? I don't think so.
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Very interesting and enlightening...thanks.

On the advertising complaint about false statements of credentials and success claims.... in case someone wants to see some interesting background and copies of emails about some questionable assertions attributed to Baez, here's a link:

Here's an interesting site where they reprint notes sent to the Bar *advertiser censored*'n by someone UNRELATED to the A.G.'s office about falsified professional credentials.

BTW-- with all the reports that the ethical charges being dismissed, please remember that the ones about his false credentials is still open... it was only the ones relating to the /Black lying campaign that they decided not to pursue (and the linked site talks a bit about what a loser Black is too).

http://**********.com/blog/...
 
nancy botwin said:
The State's response to Baez's Motion to Recuse can be read here:
http://www.wesh.com/download/2009/0129/18597597.pdf

Today is a rough day for Baez...
Click to expand...

Yes, herein lies another smackdown.

To break it down:

Linda D-B "schools" Baez that this is not the proper way to get anyone from the SA's office removed from the case. He should have filed a Motion to Disqualify and not a Motion to Recuse.

Linda tells the court that neither she nor any of her co-counsel filed a complaint with The Florida Bar against Jose Baez. PERIOD. While she can't speak for the entire Florida State's Attorney's office she says that no one on this case has filed the complaint.

BUT she mentions that *IF* an "Assistant State Attorney" did file a complaint against another attorney [Baez] who violates the rules that it would essentially be their responsibility to do so and not "egregious". [Paraphrased]

She says they aren't the ones reporting his bar complaints...

There are tons of other points...
 
Texas Mist said:
Baez Law Firm's doing a court room dance now,
Come on JB, file another motion...
The judge may get to like it if he gives it a chance now,
Come on JB, file another motion...

Law students from FAMU can do it with ease,
It's easier than learnin their abc's,
So come on, come on, file another motion, JB...

KC can swing her hips now,
Come on - KC, jump up, jump back...
Well I think she's got the nack,
Woah woah...

Now let the PI's do it, & make a phone call chain now,
Come on JB, file another motion...
A chugga, chugga, motion like a runaway train now,
Come on JB, file another motion...

Do it nice and easy now don't lose control,
A little bit of luck and you'll be eating some crow,
So come on, come on, file another motion, JB...

Oh yeah...
File another motion...
File another motion...
Yay, yay, yay, yeah...

Strut into the courtroom with another motion,
Come on JB, file another motion...
Show the SA's team that you got the notion,
Come on JB, file another motion...

There just can't be a chance that they'll all go through,
Will it cheer up the defendant when she's feelin blue,
So come on, come on, file another motion, JB...

Come on JB, file another motion...
Come on JB, file another motion...
Come on JB, file another motion...
Click to expand...

pulp.gif
headbanger.gif
pulp.gif
 
Happy Day Fellow Sleuthers! I feel like it's Christmas morning with all of these gifts we're receiving today.

Casey has to appear in court tomorrow

NeJame's spanking of Baez

SA's flogging of LKB/Baez


I feel like I need a cigarette while I bask in the afterglow!
 
pirate said:
Happy Day Fellow Sleuthers! I feel like it's Christmas morning with all of these gifts we're receiving today.

Casey has to appear in court tomorrow

NeJame's spanking of Baez

SA's flogging of LKB/Baez


I feel like I need a cigarette................
Click to expand...

*snicker* That was awesome :)

ETA: AND we may get to see Cindy in action tomorrow, as well. Though I would never consider that to be a "gift", more like a wreck you can't help staring at!
 
Wow! Are you saying someone filed a Bar complaint on him for his advertising in relation to representation/credentials claims? I did not know that.

Usually (in the olde days) TFB would simply "catch" the bad advertising in the newspapers or on TV. My best friends have had a Bar complaint for advertising (and it was ridiculous, in my honest opinion). I guess in the world of websites it is just another avenue in which to get into trouble!
 
Theonly1 said:
Wow! Are you saying someone filed a Bar complaint on him for his advertising in relation to representation/credentials claims? I did not know that.

Usually (in the olde days) TFB would simply "catch" the bad advertising in the newspapers or on TV. My best friends have had a Bar complaint for advertising (and it was ridiculous, in my honest opinion). I guess in the world of websites it is just another avenue in which to get into trouble!
Click to expand...

As to the investigations of Baez, my view is that Baez has PROVEN himself to be either a liar or a fool AND the complaint about his falsely advertising his credentials is still an open matter.

It's not a surprise that the Bar didn't push Baez further on the improper criticism of the prosecutors ...they rarely do and since he's a newbie lawyer, it's predictable that they would see it sufficient to "rattle the cage" to get his attention. However, I think a few things are worth noting.

On the "false/derogatory statements" complaint, it's clear that one of two things is true. The first possibility is that Baez is lying through his teeth when he says he never looked at his P.R rep Black's statements before they were released. I find it EXTRAORDINARILY hard to believe that a lawyer would let a consultant release written public statements about him or the most important case he will EVER have without reviewing them. If you read the Orlando Sentinel chronology of his repeatedly conflicting statements about Black, I think the credibility issue is clear (link below). The only other possibility is that he DID allow such statements to be released without review in which event Baez is an even MORE profoundly incompetent and negligent lawyer than even I had previously realized.

It's also worth noting that the complaint relating to false advertising about his credentials is still an open charge. On that complaint, the Bar is offering to let him consent to a proposed settlement deal which would require Baez to attend formal retraining classes and the requirement that the Bar PREAPPROVE any further advertising by him for a year. He has about 14 more days to respond to this settlement offer.

This is hardly a win for Baez in my view.


http://www.orlandosentinel.com/news/local/ora...
 
treciama said:
As to the investigations of Baez, my view is that Baez has PROVEN himself to be either a liar or a fool AND the complaint about his falsely advertising his credentials is still an open matter.

It's not a surprise that the Bar didn't push Baez further on the improper criticism of the prosecutors ...they rarely do and since he's a newbie lawyer, it's predictable that they would see it sufficient to "rattle the cage" to get his attention. However, I think a few things are worth noting.

On the "false/derogatory statements" complaint, it's clear that one of two things is true. The first possibility is that Baez is lying through his teeth when he says he never looked at his P.R rep Black's statements before they were released. I find it EXTRAORDINARILY hard to believe that a lawyer would let a consultant release written public statements about him or the most important case he will EVER have without reviewing them. If you read the Orlando Sentinel chronology of his repeatedly conflicting statements about Black, I think the credibility issue is clear (link below). The only other possibility is that he DID allow such statements to be released without review in which event Baez is an even MORE profoundly incompetent and negligent lawyer than even I had previously realized.

It's also worth noting that the complaint relating to false advertising about his credentials is still an open charge. On that complaint, the Bar is offering to let him consent to a proposed settlement deal which would require Baez to attend formal retraining classes and the requirement that the Bar PREAPPROVE any further advertising by him for a year. He has about 14 more days to respond to this settlement offer.

This is hardly a win for Baez in my view.


http://www.orlandosentinel.com/news/local/ora...
Click to expand...

Thanks for your insight, clearly enlightening!
 
Baez's P.R. guy just gets more and more questionable IMO. It's been reported for a long time that no record could be found for his company or an address, etc. Now he says he can't be traced because he never uses his correct last name.... no one in his "firm" ever uses their correct name.... and the person named as the President doesn't want to talk to anyone.

Ummmm, isn't it supposed to be a business with expertise and interest in COMMUNICATION????

http://www.orlandosentinel.com/orl-bk-casey-anthony-false-names-012908,0,5428119.story
 
I have to say that NeJame is an outstanding attorney. JB needs to take some lessons. I hope JB is shot down on all his motions. I don't believe he will prevail on any of them. The last one pertaining to JB is also ridiculous. If JB wants to know who the father of Caylee is he should ask his client!!!
 
Theonly1 said:
I used to work for The Florida Bar a long time ago. The complaints are sworn to. If someone calls they can b*tch and gvetch and whine about their attorney until the cows come home but if they are not williing to put it in writing and swear to the facts as they know them then no file is opened. You would not BELIEVE the stuff people will say about the attorney but will not swear to it! They just want you to "take their word for it" but won't put it in writing or sign that they are telling the truth!

Advertising is different and I assume the reasoning is that "it is what it is" on its face. If an attorney does not follow the advertising rules and The Florida Bar gets ahold of a printed ad or a commercial that is in clear violation then a Bar complaint will be opened. Joe Public does not have to "swear" he saw the ad or was effected by it (but some advertising complaints are done exactly this way).

And when attorneys get arrested then the Bar has the obligation to open a complaint (even if it is not public but I digress) and look into the matter. I assume that there would not be an individual "swearing" to the offense because the police arrest documentation would contain a sworn record of the illegal event.

Anyway, just my .o2c,

T

PS. Could a State's attorney have called the ethics hotline and queried them about these allegations? I suppose they could have but I don't think they would have succeeded in getting a complaint open in this fashion.

Could a Florida resident (non-attorney) called the ethics hotline and got a complaint opened with no sworn statement? I don't think so.
Click to expand...

Thanks for posting that. It's always cool to have someone comment on these things from a true life experience. :thumb:

I thought the states response would be this:

We have read Mr. Baez's complaint I can assure you that nobody working on this case has made a complaint against Mr. Baez. It is the SA's office opinion that the honorable judge find in our favor and ask Mr. Baez to go :censored: himself. :woohoo:
 
kathyn2 said:
I have to say that NeJame is an outstanding attorney. JB needs to take some lessons. I hope JB is shot down on all his motions. I don't believe he will prevail on any of them. The last one pertaining to JB is also ridiculous. If JB wants to know who the father of Caylee is he should ask his client!!!
Click to expand...

His client dosn't know who the father is.:bang:
 
tfrohning said:
His client dosn't know who the father is.:bang:
Click to expand...

I'm sure she could have narrowed it down to at least 20 guys she remembered and the guys her friends told her about the next morning after she blacked out. JMO
 
treciama said:
<respectfully snipped>

It's also worth noting that the complaint relating to false advertising about his credentials is still an open charge. On that complaint, the Bar is offering to let him consent to a proposed settlement deal which would require Baez to attend formal retraining classes and the requirement that the Bar PREAPPROVE any further advertising by him for a year. He has about 14 more days to respond to this settlement offer.

This is hardly a win for Baez in my view.


http://www.orlandosentinel.com/news/local/ora...
Click to expand...

Thank you for posting that again so fully. This keeps getting over-looked in discussions.

In many media reports, it is buried towards the end of any articles regarding the complaints and there isn't usually a mention of the re-training requirements.

(Note, I think it is down to 11-12 days now.)

I hope you don't mind my piggy-backing on your post to link to the FL Bar 'Standards for Imposing Lawyer Sanctions' that Nancy Botwin kindly posted for us one night. It is a great resource when posters are trying to understand more about these complaints, and disciplinary actions.
 
treciama said:
Baez's P.R. guy just gets more and more questionable IMO. It's been reported for a long time that no record could be found for his company or an address, etc. Now he says he can't be traced because he never uses his correct last name.... no one in his "firm" ever uses their correct name.... and the person named as the President doesn't want to talk to anyone.

Ummmm, isn't it supposed to be a business with expertise and interest in COMMUNICATION????

http://www.orlandosentinel.com/orl-bk-casey-anthony-false-names-012908,0,5428119.story
Click to expand...

I bet that's where Zanny works when she's not babysitting. :bang:
 
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