Ezryder9
Yes it's a Harley and no, you can't ride it!
- Joined
- Aug 15, 2008
- Messages
- 2,384
- Reaction score
- 0
I understand. But you can see in my post and in Baez's motion that he did find the owner and made phone calls to this person. He did not return calls or respond to the certified mail. It forced Baez to make a motion to access the property without the owner's consent.
Baez himself is not a forensic crime scene investigator. He needs experts to do that. I am not questioning the propriety or thoroughness of OCSO CSI in any way. But we cannot make meaningful armchair proclamations about what the defense experts would or would not find. They may not have found any item of value. They may have desired to look at the scene with a mapping and photos of the found evidence. But without those documents from OCSO, they can't know where anything was located.
Baez needed legal access to the property, he needed the schematics and evidence photos from OCSO, and he needed his own expert investigators. He needed all of that at the same time. He was contacted and granted access to the scene at 11:30am on Saturday Dec. 20. By the end of that day the scene was marked 'no trespassing' and that was it for Baez.
He was refused the docs and photos by OCSO for fear of leaking them. He was refused access to the property by the owner who wouldn't respond.
I'm not saying Baez is a good attorney. I'm just saying that circumstances prevented him from conducting a proper investigation soon after OCSO was done with the site.
I am not an attorney, but have worked with them and judges for many years. I am using the knowledge I absorbed from my experience to tell you that a phone call is not notice. No way. No how. Notice, legal notice, has to be served through a court. Not directly from the attorney. Therefore, I repeat my assertion that the property owner's rights were violated.
And I also restate my belief that, under normal circumstances, the defense would be nowhere near a crime scene immediately upon LE's job was done. I do not believe evidence is being withheld from him. He just doesn't seem to have his act together.