Casey is indigent? Now what?

[Kentjbkent]

http://lakecountyclerk.org/online_court_records_detail.asp?case_id=78899567

Nilton Diaz --- the eariler murder case of Baez's. Interesting to scroll down and read how Baez is still trying to get payment from the court from that case. Baez is no stanger to asking the court for money. :waitasec:

Are you looking over my shoulder? :dance:

 

[OneLostGrl]

I completely agree.

Where I do support the A's is in the attorney representation of KC. While it is fun to poke at JB I don't think he is doing the right thing for his client. There were a LOT of missed opportunities to take an early plea deal and even plea before the DP was ever back on the table. The SA would have done a deal to save the cost of the searches as well as the trial. KC had a chance to seem repentant.

I do agree that KC is her own worst enemy but she needed a strong attorney to lay it out and not a naive rookie to promise the impossible. Now KC is stuck between a rock and a hard place and the inevitable is to take it to trial and hope for a technicality or juror to save her.

Taking this all of the way to the Trial of the Century is great for JB and his team in terms of notoriety but there is a good chance that KC ends up with the DP.

JB is playing with fire. He doesn't want to call 'indigent' and open that can but time is running out, as well as the money. It takes courage and maturity to know when to call it quits and recognize he is not serving his clients best interest.

I agree. JoseB is her appeal ticket.

 

[Sun]

Are you looking over my shoulder? :dance:

I was not at all surprised that someone else was going down the same path as I was, and I was behind again. :dance:

 

[nums24]

Here is the 2009 Florida Fee Schedule:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0027/SEC5304.HTM&Title=->2009->Ch0027->Section%205304

This is the most Baez would be able to get, what I'm not sure of is whether or not each attorney can receive this or if the state will only pay for one.

d) If the chief judge or designee finds that counsel has proved by competent and substantial evidence that the case required extraordinary and unusual efforts, the chief judge or designee shall order the compensation to be paid to the attorney at a percentage above the flat fee rate, depending on the extent of the unusual and extraordinary effort required. The percentage shall be only the rate necessary to ensure that the fees paid are not confiscatory under common law. The percentage may not exceed 200 percent of the established flat fee, absent a specific finding that 200 percent of the flat fee in the case would be confiscatory. If the chief judge or designee determines that 200 percent of the flat fee would be confiscatory, he or she shall order the amount of compensation using an hourly rate not to exceed $75 per hour for a noncapital case and $100 per hour for a capital case. However, the compensation calculated by using the hourly rate shall be only that amount necessary to ensure that the total fees paid are not confiscatory.

Here is the flat rate info:

4. For capital cases represented at the trial level: $15,000. For purposes of this subparagraph, a "capital case" is any offense for which the potential sentence is death and the state has not waived seeking the death penalty.

 

[strawberry]

Just an interesting side note....

... Kinda made me question the whole "fair is fair" issue...

So perhaps declaring KC indigent and appointing a PD comes with some risk to her?

Perhaps, but if you watch KC's first appearance where she has a woman PD, that PD seems in that brief time to be 100x more competent than Baez. She should have stuck with her IMO. Sorry, don't have a link handy.

 

[Bobbisangel]

No wonder Baez hasn't applied for money from the state yet. I'm sure he believes he is worth much more then the state would pay him. I think it is kind of funny because he probably though he was going to make a bundle on this case...and here there is over a year to go before it goes to trial. I wonder if the state will allow him to keep all of those attorneys when the Pros has two attorneys on board. I don't know why he needs more then AL and himself anyway. Probably just for looks as LKB is never there. I can't remember who else is on that team but I know there was a table full. I'll bet Andera is used to making a mint. Wonder how that will go. I would imagine the state will pay her.

I really think that the reason that Baez hasn't gone to the state for money yet is because he doesn't want to reveal where the money that they have had so far has come from.

 

[OneLostGrl]

Just an interesting side note....

A month ago, I was served with a subpoena to testify as a witness in a Federal Criminal Case as a witness (first time..scary!) After my very brief testimony, I remained in the courtroom to hear the rest of the trial. The defendant was represented by a public defender.

I was shocked at how poorly he represented his client, esepcially when it came to closing arguments. The defendant was convicted of all charges.

Outside the courthouse, I learned that the public defender was a real estate and bankruptcy attorney who had NEVER tried a criminal case before (been in practice over 15 years).

That's when I learned that the law guarantees your right to an attorney, but not necessarily one who specializes (or has experience) in a particular field. Kinda made me question the whole "fair is fair" issue...

So perhaps declaring KC indigent and appointing a PD comes with some risk to her?

I dunno. Public defenders are all I have ever had and I only had one bad experience and even then, I complained and the situation was dealt with. As an example- My last charges were not nice ones and I was looking at 15 years but ended up with probation, community service, fines, and mandatory psych treatment and drug tests (and I was already a convicted felon and was on probation for other crimes at the time the new ones were committed). I was (and still am) very grateful for my public defender in that case. I'm not saying bad public defenders don't exist I just never came across any.

 

[The World According]

A little bit off topic, I wanted to share something from the lawyer thread. Will the jury respect the experts opinions or see them as hired guns?"Why don't we make a list for the Prosecution of all the books currently out by the defense lawyers/experts.

We know Professor Lyons just released a book.

Dr. Badden and his wife Linda Kenny Badden released a book this year.

Kathy Reichs the forensic anthropologist released a book, 206 Bones.

Dr. Werner Spitz is the author and editor of the textbook, Medicolegal Investigation of Death, now in its third edition and considered to be the authoritative textbook in this specialty, worldwide.

Dr. Lee has a book out currently too.

Do we really wonder how and why being involved in a high profile case that is covered nationally and internationally helps them? Pro bono? How about free advertising?

We see them often on news and cable shows giving commentary, even about this case. So they clearly enjoy the limelight. Do you think it will effect their credibility with the jury when the prosecutor asks them if they are currently peddling a book? Even Dominic is rumored to be co authoring a book with Brad, mom and pop! What do you think?

From Bean E "*Very* interesting comment from Richard Hornsby on his blog in regards to the experts:


Richard Hornsby says:
December 29, 2009 at 10:38 am

snippet

...the problem an expert witness list creates for Baez is two-fold.

1. It requires your experts to finally give their opinion – and an opinion is no good unless is supports your theory. If their opinion does not support your theory, you don’t list them.

2. It allows the State to inquire into how they are getting paid, by whom, and financial arrangements they have made, and media rights they have negotiated, etc. And if the experts are doing this “pro bono” the State can then go into ulterior reasons they agreed to work on the case – books that are coming out, etc.

3. Finally, when the State deposes an expert (or any attorney deposes the other sides’ expert) the opponent has to pay the expert what the expert charges the hiring attorney. So if these experts are not charging Baez, they are not allowed to charge the State.

Basically the witness list opens Pandora’s Financial Box for Mr. Baez."

http://blog.richardhornsby.com/2009/...time/#comments

 

[Sun]

Here is the list of "experts/attorneys" that Baez rattled off in one of the court hearings.

Dr. Lee --CT
Dr. Kathy Reichs --NC and Canada
Dr. Fierro --Washington D.C.
Dr. Spitz --Michigan
Dr. Huntington --Nebraska
Dr. Bock --Colorado
Macaluso --California
Lyon --Michigan/Chicago?
LKB --New York

 

[butterfly1978]

If I am understanding this right the judge would have to agree to the lawyer. Do we think that JS would agree to allow JB to continue to represent Casey? Personally, I think JS is fed up with JB and would jump at the chance to show him the door.

 

[nums24]

If I am understanding this right the judge would have to agree to the lawyer. Do we think that JS would agree to allow JB to continue to represent Casey? Personally, I think JS is fed up with JB and would jump at the chance to show him the door.

I agree 100%! Technically the trial has not started yet, I think removing Baez would be a perfect way to protect the trial at this point.

 

[nums24]

Here is the list of "experts/attorneys" that Baez rattled off in one of the court hearings.

Dr. Lee --CT
Dr. Kathy Reichs --NC and Canada
Dr. Fierro --Washington D.C.
Dr. Spitz --Michigan
Dr. Huntington --Nebraska
Dr. Bock --Colorado
Macaluso --California
Lyon --Michigan/Chicago?
LKB --New York

May I add to the list:

C. Douglas Clark - UCF
Larry Daniel - Raleigh, NC
Dennis Fahey - Cape Coral, FL
Dr Fairgrieve - Canada
Dr David Hall - Gainesville
Larry Kobilinski - NYC


http://www.cfnews13.com/Features/CaseyAnthony/KeyPlayers/ExpertsAndConsultants.aspx

 

[Pondering Mind]

You know, If the A's can't get to KC, it's because KC doesn't want to be 'gotten to' lol! I'm sure that any phone or visit recordings are of concern to JB..(though if she were innocent, she'd have nothing to worry about anyway..unfortunately, for her 99.9999% of the population don't believe that she is :snooty

I just think that KC LOVES the fact that she has these ready-made excuses not to talk to her family. It's a dream come true for her.. So much so, that I've even wondered if she had thought about this before Caylee was murdered. If it was to be part of her "script" if she got caught..and I also believe that she knew she would get caught at some point, she was just partying like a rock star in the meantime and she DID make it 31 days... and she had her story ready.:furious:..

Nope, KC is happy as a clam not to have anyone able to get to her, she doesn't want to speak or visit with her family, no way, no how.....imho anyway..Wonder what excuse she will use after she is convicted?..ahh..Appeals, that will be it!..and we'll pay for that too!

 

[TotallyObsessed]

Let me just say that the possibility of KC's team running out of money is very, very probable. I worked for a law firm for 25 years. A very successful Plaintiff's civil litigation firm. Huge class actions, personal liability, etc. There were times when money was stretched thin. It takes money to make money. OR it takes money to work a case properly. I'm talking up to a million dollars in expenses alone. You basically eat your hourly time until the verdict comes in. The firm would (at times) have to get their line of credit extended. But when you are into a bank for a million or so dollars, you better have (1) personal wealth to back it up or (2) a case that is expected to bring in the big bucks. And you better be able to prove your case to your banker.

So JB either has (a) a money tree in his backyard, or (b) some huge deals to be closed somewhere down the line, or (c) a private backer............because he is not representing someone where a huge monetary verdict is expected. No payola. He's in waaaaaay too deep to give up now. I'm saying he's going for the gold.

 

[cyberborg]

Interesting post.

There was always talk of a private backer but based on the attempt by the A's to seek an attorney you'd think they'd know and not ask to delay payment based on future book/movie deals -- unless the private backer is unique to JB?

If there is a private backer then it depends on how deep his/her pockets are although there should have been more of an expectation of operating expenses and overall cost for this type of trial --- although the stakes did shift with the discovery of Caylee, the DP back on the table and, the delays for a DP trial.

What we see does seem more consistent with a poorly funded Defense team all along. I think the large team of experts and extended team are primarily pro bono folks who want to market books or seek their moment of fame.

In terms of actual operating expenses, JB has always seemed to be careful, e.g., not paying to collect the CD's of tips and leads, not having a lab for the examination of Caylee's remains, etc. He has had people around but not resources.

It does seem consistent with some original money from the sale of Caylee's photos which is running dry and they are struggling to do what they can with what little they have.

Not to exclude though that this can also be notice to financial backers out there, an invitation for them to fund KC's Defense as an investment. JB could be trying to source some income from somewhere or seeking collateral to cover bank loans.

As stated, if JB can make it through to the end and trial then he is going to be able to recover costs from a book deal no matter how it turns out but.... I am not too sure how willing the A's are to assign any book/movie deal they may have over to KC's Defense?

Are we in for a period of some creative accounting with a sudden spurt of action in terms of evidence examination and depositions or .... are we going to see the Defense continue on a shoestring trying to extract money from a rock?

 

[Aedrys]

Yep, this train is running out of money FAST. I really hope Strickland rules that every time the defense makes a motion, they have to pay for wasting the court's time. That would stop the motion train faster than Baez can put a coherent sentence together.

Jeebus, declare her indigent already! We all know she is, you know she is, her family knows she is, and the only one who would say she isn't is Casey herself! I am so tired of all of this crap. You have nothing, you never had anything to begin with, it just keeps getting worse and worse, and we all know you have nothing to tell in court, SO WHY KEEP DRAGGING IT OUT?

I just get so frustrated with this case! And all the defense is doing whining and motioning! Declare Casey indigent, and get on with it already!

And if you don't want trouble, don't go creating it in the first place! Like lawyer, like client!

 

[cyberborg]

The solution is to allow KC to do what she does best, forge some checks . . . . . . . :crazy:

 

[RR0004]

I dunno. Public defenders are all I have ever had and I only had one bad experience and even then, I complained and the situation was dealt with. As an example- My last charges were not nice ones and I was looking at 15 years but ended up with probation, community service, fines, and mandatory psych treatment and drug tests (and I was already a convicted felon and was on probation for other crimes at the time the new ones were committed). I was (and still am) very grateful for my public defender in that case. I'm not saying bad public defenders don't exist I just never came across any.

For some reason...when drugs/addiction are involved Courts tend to be more sympathetic. But, again...I suppose it depends on the crime. You were/are one lucky girl!

 

[lauriej]

Perhaps, but if you watch KC's first appearance where she has a woman PD, that PD seems in that brief time to be 100x more competent than Baez. She should have stuck with her IMO. Sorry, don't have a link handy.

.....this one strawberry?

[ame]http://www.youtube.com/watch?v=JS-qSflO43c[/ame]

 

[Searchfortruth]

I have always thought that Jose was in this case, for the notariety, so I think he will take what the state offers (al though not very graciously). I almost wish Casey was assigned a PD, although it would take longer for that atty to get up to speed. I feel sure that with a good PD a plea deal would be looked at much more seriously. I have always felt that the lawyers, defense, were in this to make a buck down the road, well, it will be interesting to see how many of them feel like working for PD's pay.