Casey files for-Indigency; Defense reveals how much it's been paid!

[Cat13067]

OK,
This may be a dumb question but....
Over the last year the defense has had ample opportunity to depose, gather witness lists and examine evidence, so WHY wasn't it done?
They had the money.
What bothers me is the dragging of their collective feet and that they knew to postpone doing anything for so long, they'd request indigence and then defer all their costs.
This is the most reprehensible part, almost like someone planning to claim bankruptcy while going on a shopping spree right before they do.
I really hope they are held accountable for the costs incurred so far and asked why they waited a year to examine evidence and witnesses!

Mr. Nejames called this when he asked for money up front from the defense. If I remember correctly JB couldn't wouldn't even pay for copies from the prosecution several months ago.

 

[OpenMind4U]

Just wondering, does filing this motion now (almost 1 year after DP back on the table) has anything to do with the 'secret' investigation SA is granted to perform? Some how I think there is the connection...and the 'shared' link is JB, JMO. Two possibilities: JB is looking for the way-out because he knows that he's in deep s?it or JB/AL are preparing themself for the contra-actions to fight the investigation result (after 30 days). Again, JMO...the timing of these two events (investigation and latest JB motion) makes me just go 'hmmmm'...

 

[rhornsby]

Respectfully snipped and bolded by me...

RH, are you suggesting that we may never get solid answers to those "million questions about what Casey was paid or how shady Baez is" that were raised by this motion?

(And btw, so glad to see you back on WS!)

That is exactly what I am saying, Judge Strickland and the JAC attorneys will essentially have to take the Affidavit of Attorney's Fees at Face Value - they will not be able to cross-examine Casey or Baez on every exact detail of what was paid, by whom, and for what.

And what is worse, if ABC did pay Casey $250K, the fact that some much money has been spent and, in reality, very little has been accomplished, raises some serious ethical questions about whether Baez was handling the money in Casey's best interests.

A very good case discussing the problems with this type of arrangement is found in Footnote 4 of this case Alessi v. State, 969 So. 2d 430 (Fla. 5th DCA 2007)

 

[rhornsby]

Discovery from the SA generally costs very little if anything. Blank discs and parking. A paper release would be different (the first doc dump was)

Clerk's office copies are $1 a page, that's where it gets expensive (for me). Should not affect the Defense, as they get noticed on all motions filed, so I don't think they get charged for them.


They do have to pay filing fees when submitting motions to the clerk's office, not sure what those are. Any lawyers / paralegals know?

.

There are no filing fees of any kind in criminal cases, nor, per local practice, does the Orange-Osceola State Attorney's office charge copying fees (although they are allowed to, just as defense attorneys could charge them to provide copies of defense discovery).

In any event, the Orange-Osceola State Attorney's Office has begun distributing the majority of discovery electronically - either PDF by email or on CDs. So in reality, this is not much of the cost.

 

[Cat13067]

That is exactly what I am saying, Judge Strickland and the JAC attorneys will essentially have to take the Affidavit of Attorney's Fees at Face Value - they will not be able to cross-examine Casey or Baez on every exact detail of what was paid, by whom, and for what.

And what is worse, if ABC did pay Casey $250K, the fact that some much money has been spent and, in reality, very little has been accomplished, raises some serious ethical questions about whether Baez was handling the money in Casey's best interests.

A very good case discussing the problems with this type of arrangement is found in Alessi v. State, 969 So. 2d 430 (Fla. 5th DCA 2007)

So what can be done to JB if in fact he did not handle the monies that were paid to him for KC's defense. I'm bracing myself for the word "nothing".

 

[SallyLu]

Just wondering, does filing this motion now (almost 1 year after DP back on the table) has anything to do with the 'secret' investigation SA is granted to perform? Some how I think there is the connection...and the 'shared' link is JB, JMO. Two possibilities: JB is looking for the way-out because he knows that he's in deep s?it or JB/AL are preparing themself for the contra-actions to fight the investigation result (after 30 days). Again, JMO...the timing of these two events (investigation and latest JB motion) makes me just go 'hmmmm'...

Hmm, I'm thinking it's something akin to this - licensing fees et al?

 

[affinity]

I am not an author--but if I were, I would consider writing a book about this case an titling it "PRETENSE" **

Look at the amount of pretense we have:

KC: Pretends to:
graduate from hs
go to Valencia college
work at a job
be interested in sports (you know, she really isn't)
be a "good mom"

LA pretends to be
investigator

CA & GA pretend to be
"stellar grandparents"
"missing children experts"
"news reporters"
"media experts"
"people of means" (haircuts, cruises, cars & boats, jewelry, diamonds, tattoos)
"grief experts"
more intelligent than law enforcement and lawyers

Dominic Casey pretends to be
super duper PI --look at his website, he is a hack

JB pretends to be:
"brilliant experienced lawyer"

Conway pretends to
play both sides of the fence!
In it for the name recognition

and since it is Oscar night I will nominate a few people who ARE likely authentic:

Entire prosecution team

I am wondering about ALyons--I think she may actually care more about the law and people than notoriety. She is unlike everyone else because she is kind of a "mess" physically and that makes me think that she has actual ethics that are not confused with her ego. (And yes, I know about the book and the guy who served time when he shouldn't have etc). I still think she has less pretense than the above mentioned, by far.

Nejame

Kathy Belich

Tim Miller & all searchers

The Grunds (from day one, classy people)

oddly enough, all of KC's so called friends
seem to be handling things with grace--unbelievable as that is

-----------------------

Ok who did I miss?

**Should I go ahead and pretend to be an author and write it? In the world of Anthony, all one has to do is think they are what they want to be! No need for actual training/education or experience!

 

[Aedrys]

That is exactly what I am saying, Judge Strickland and the JAC attorneys will essentially have to take the Affidavit of Attorney's Fees at Face Value - they will not be able to cross-examine Casey or Baez on every exact detail of what was paid, by whom, and for what.

And what is worse, if ABC did pay Casey $250K, the fact that some much money has been spent and, in reality, very little has been accomplished, raises some serious ethical questions about whether Baez was handling the money in Casey's best interests.

A very good case discussing the problems with this type of arrangement is found in Alessi v. State, 969 So. 2d 430 (Fla. 5th DCA 2007)

So are you saying he can get away with mismanaging her funds? Or would these ethical questions be brought to the bar and they could investigate it? I just don't like the image of him handing over the Affidavit while giggling, knowing it's not true but the state can't do anything about it.

I hate that the defense seems to keep getting away with so much crap, and no one seems able to do a thing about it! I really hope this indigency thing is something that for once, doesn't work in the defense's favor. I am so sick and tired of that!

 

[OpenMind4U]

So are you saying he can get away with mismanaging her funds? Or would these ethical questions be brought to the bar and they could investigate it? I just don't like the image of him handing over the Affidavit while giggling, knowing it's not true but the state can't do anything about it.

I hate that the defense seems to keep getting away with so much crap, and no one seems able to do a thing about it! I really hope this indigency thing is something that for once, doesn't work in the defense's favor. I am so sick and tired of that!

Exectly what I'm trying to say! According to RHornsby, the overall expense cost for this DP case should be around $100k. If RH knows this based on experience and/or common knowledge among DP lawyers then I would assume JB/AL should estimate this cost long time ago. So, what went wrong suddenly that prompted this motion NOW, not year ago? Again, in my opinion, something really bad happens (whoever promised to sponsor $ has backed off or/and the sponsor's entity has been investigated as the non-legal mean). We all know that JB is pretty shady character with no integrity in personal behavior and law experience. The JB approach to build the 'dream team' (as in OJ case) has no financial mean from the beginning. KC is not Hall of Fame figure with multi-million dollars assets. JB's was counting on publicity/media $...He got that money and 'successfully' spend them with no worry for the client future. And I'm sure that some kind of 'punishment' law exists when someone has the proof of insufficient client's money handling...Look what happens to Todd Macaluso. Again, please forgive me for beating my own horse, but I do believe that current SA investigation has something to do with JB and his ethics. And this motion has the straight connection to the investigation (if my post belong to another discussion topic - please forgive me.

 

[Harmony 2]

BBM, Thanks LLL. Seems like a little "refresher" course is in order (thanks go to the Orlando Sentinel for doing this investigative report one year ago). What can be more definitive than the words of the FL Supreme Court in 2000, when Baez tried to overturn the FL Bar's decision to not license him:

"For eight years after he graduated from law school, however, the board that screens prospective attorneys in Florida would not let him practice law. The Florida Supreme Court agreed with the decision, issuing an order in 2000 that cataloged unpaid bills, extravagant spending and other "financial irresponsibility" up to that time. Justices reserved their strongest condemnation for his failure to stay current on support payments for his only child.

His overall behavior, they wrote, showed "a total lack of respect for the rights of others and a total lack of respect for the legal system, which is absolutely inconsistent with the character and fitness qualities required of those seeking to be afforded the highest position of trust and confidence recognized by our system of law."

http://www.tcpalm.com/news/2009/may/03/casey-anthonys-lawyer-jose-baez-rejected-florida-b/

.

This is the Supreme Court decision:
http://www.floridasupremecourt.org/decisions/pre2004/ops/sc95855.pdf

Back to the Anthony case:

I am getting uneasy about possible conflict of interest issues and appeals in the future if Baez has mishandled money and not used it in Casey's legal best interests.

 

[OpenMind4U]

This is the Supreme Court decision:
http://www.floridasupremecourt.org/decisions/pre2004/ops/sc95855.pdf

Back to the Anthony case:

I am getting uneasy about possible conflict of interest issues and appeals in the future if Baez has mishandled money and not used it in Casey's legal best interests.

BINGO! 100% agree.

 

[butterfly1978]

Exectly what I'm trying to say! According to RHornsby, the overall expense cost for this DP case should be around $100k. If RH knows this based on experience and/or common knowledge among DP lawyers then I would assume JB/AL should estimate this cost long time ago. So, what went wrong suddenly that prompted this motion NOW, not year ago? Again, in my opinion, something really bad happens (whoever promised to sponsor $ has backed off or/and the sponsor's entity has been investigated as the non-legal mean). We all know that JB is pretty shady character with no integrity in personal behavior and law experience. The JB approach to build the 'dream team' (as in OJ case) has no financial mean from the beginning. KC is not Hall of Fame figure with multi-million dollars assets. JB's was counting on publicity/media $...He got that money and 'successfully' spend them with no worry for the client future. And I'm sure that some kind of 'punishment' law exists when someone has the proof of insufficient client's money handling...Look what happens to Todd Macaluso. Again, please forgive me for beating my own horse, but I do believe that current SA investigation has something to do with JB and his ethics. And this motion has the straight connection to the investigation (if my post belong to another discussion topic - please forgive me.

Maybe you are right maybe they thought they had the funds secured by a so called sponsor and the sponsor backed out, after JB has already spent the money, I will LMAO if we see JB drive up to the court house in a beat up Yugo or station wagon cause his BMW was repoed. Mama always said dont count your chickens before they hatch:dance:

 

[OpenMind4U]

Maybe you are right maybe they thought they had the funds secured by a so called sponsor and the sponsor backed out, after JB has already spent the money, I will LMAO if we see JB drive up to the court house in a beat up Yugo or station wagon cause his BMW was repoed. Mama always said dont count your chickens before they hatch:dance:

Your Mom is pretty wise girl...Yeap, if our thoughts are correct in regards of the current investigation of JB misshandling funds then this motion has only one purpose: diffusion of the 'bombshell' impact...

 

[kew17]

"In any event, the most interesting thing will be to see whether Baez lists what he was paid for all of Casey's case. Reason being is the JAC rules require you to list all fees being paid for all of client's current cases. It does not require you to list what you were paid for past cases.

Thus I have a sneaking suspicion that Baez will noy divulge what Casey "paid" him for the Check Fraud case, because he technically no longer represents her on the case (under Florida rules of administration, an attorney ceases being attorney of record 30 days after criiminal case is disposed of)."

Respectfully snipped for brevity:

Mr Hornsby, welcome back. Is the check fraud case considered PAST at this point? I ask because aren't they going to appeal? Better yet or more importantly, aren't they disputing the investigative fees of $5,000+? So wouldn't that infer that the case is still active?

 

[whiskeygurl]

I know she is entitled to a public defender but is the tax payers going to pay for this expensive dream team of hers. I am glad I am not in Florida. As a tax payer I would be steaming. Casey made the option to murder her own child. The tax payers should not be forced to pay for such a dream team. Explains why they are losing their home. Baez made $89,000.00 and for what?


http://www.foxnews.com/story/0,2933,588310,00.html?test=latestnews

The team representing 23-year-old Casey Anthony says the financial assistance is the only way to ensure they'll have the resources to fight a conviction and possible death sentence in the first-degree murder case.

 

[kew17]

He had also stated one time when asked about this that “It is none of the public’s business how he is paid”.

Respectfully snipped for space:

My response is, "well it is now josebgood":croc:

 

[rhornsby]

Respectfully snipped for brevity:

Mr Hornsby, welcome back. Is the check fraud case considered PAST at this point? I ask because aren't they going to appeal? Better yet or more importantly, aren't they disputing the investigative fees of $5,000+? So wouldn't that infer that the case is still active?

Thirty days is the magical number.

Florida Rule of Judicial Administration 2.505(f)(3) states: "The appearance of an attorney for a party in a proceeding shall terminate automatically, without order of court, upon the termination of a proceeding, whether by final order of dismissal, by final adjudication, or otherwise, and following the expiration of any of any applicable time for appeal, where no appeal is taken."

Florida Rule of Appellate Procedure 9.140(b)(3) states: In a criminal case, "the defendant shall file the notice of appeal with the clerk at any time between rendition of a final judgment and 30 days following rendition of a written order imposing sentence."

Thus the time for filing an appeal has passed, meaning the check fraud case is not being appealed (she had no grounds to appeal anyway), and by rule, Baez and Co. are no longer attorneys of record in that case.

Thus they technically are not required by JAC rules to list what they got paid for the Check Fraud case. So we will have to see the Affidavit filed in the case to see if any mention of the Check Fraud case is made.

 

[rhornsby]

So what can be done to JB if in fact he did not handle the monies that were paid to him for KC's defense. I'm bracing myself for the word "nothing".

Nadda... for now. If Casey is convicted, I have a feeling the entire financial shenanigans will come to light in a Motion for Post Conviction Relief years later.

 

[Omachka]

When it was possible to open the link to the article, what I read was a section in the story that stated that if the judge signs off on this, only the defense's expenses will be covered by the state NOT the attorney's fees. Does that make you feel better, Omachak?
Although as a Florida resident, you have a right to be really angry about this development.
And, you are right this information was released by the defense late Friday in order that the reporters couldn't reach the sources they needed to cover this news.

Actually, it makes me feel a lot better, thanks AZ. I wouldn't like any of my hard-earned money lining JB's pockets... I'm looking forward to reading the motion next week. Kind of wondering why they thought it needed to be buried that way so maybe we'll get the answer soon.

 

[steadychick]

But IF Casey was paid the $250,000, and IF Baez did in fact mishandle those funds in defending the murder case, AND Judge Strickland knows it, couldn't he just replace him? I know that JS has been concerned from the very beginning that Baez's actions would provide grounds for an appeal. Under the circumstances, how can he afford to allow Baez to stay on the case?