Defense claims judge had inappropriate convo with blogger?

[denjet]

Does anyone know how to look up which judge would be up next if Judge Strickland steps down? I've been on the court site and can't find it:

http://www.ninthcircuit.org/judges/directory/index.shtml

 

[butterfly1978]

I have had a little time to regroup since last night. So with a clear calm mind this is what I would like to know.
The defense is screaming that they want a fair trial and Casey will not get one, if that is the case why do they not prepare a defense, ya know maybe do some depositions, maybe look for the so called "real killer" but at least do something and stop trying to deflect the courts attention with motions that do not even make sense, such as the TES motion when they were given 6 months and never went and viewed the stuff and then filed a motion that stated the stuff was being with-held.
The defense is now being paid for by the tax payers, how in the world can they continue to waste the states money on this kind of stuff? How long can the defense continue to do this before someone puts a stop to it? I remember LKB saying something about filing motions about everything, but I don't see the point, and it doesn't seem fair that the tax payers should have to pay for the defense to continue their game. It seems as though they are investigating everything except things that could potentially make some sort of a defense.
If this motion is allowed and the judge recuses himself what is going to stop this defense from continuing this crap? What they are basically saying is that judges or anyone for that matter are allowed to have lives. They cant communicate with the outside world at all because it might sway an opinion. Yet KC and JB are allowed to obviously break the rules and not be held accountable.
Maybe this is a preemptive strick, what if JS was planning on filing another complaint with the bar after KC stating JB was sneaking in contraband. So now he can say that its retaliation for the defense asking the judge to step down..... HMMMM. This has to stop, I don't see this trial starting for another 2 years or more.

 

[denjet]

I have seen no improprieties from the bench throughout the many hearings JS has presided over. The esteemed judge has bent over backwards to make sure there is no room for genuine appeals. I do believe that if JS were to step down at this point it could further delay justice for Caylee. But if he does, I feel it will be a good thing for the State aside from the delay. IMO he has been overly patient with the defense and all of their posturing. Hopefully a new judge will put a halt to the shenanigans. Too many concessions have been made to the defense, the biggest of which was the matter of the gag order. This case could have been reined in and manageable had it not been for allowing all the inflammatory publicity. Of course then Baez would not have been able to cry from the roof tops how his innocent client couldn’t get a fair trial (but this case didn’t really need that anyway). Nor could he have raked in those big squandered dollars either. There should have been a gag order on this case when the issue first came up. If that had happened, we would have a guilty verdict by now. Hopefully JS’s replacement will immediately institute the gag order and rule his courtroom with a heavier hand. It would also be nice to see more proper courtroom decorum instituted as well. Banish the gum chewers and cell phone users and make it clear that the attorneys ask permission before they approach the bench…..After almost two years I know if I were in his shoes I would want out of this circus. This could be his chance to free himself of the nonsense and hype associated with KC, her family, her horde of attorneys and all the nuts and grifters that continually crawl out the woodwork. In this case JS has done his time and earned his freedom. Baez just gave him a way to bow out………

And might I add:

Address all remarks to the Court, not to opposing counsel or the opposing party.

Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses.

Refer to all persons, including witnesses, other counsel and the parties by their surnames and not by their first or given names unless the permission of the Court is sought in advance.

Counsel shall refrain from attempting to make a re-argument after the Judge has ruled.

http://www.ninthcircuit.org/programs-services/court-resource-center/decorum-policy.shtml

Should I email these rules to Jose?

 

[nums24]

Does anyone know how to look up which judge would be up next if Judge Strickland steps down? I've been on the court site and can't find it:

http://www.ninthcircuit.org/judges/directory/index.shtml

I just watched the WESH video with R. Hornsby's comments, at the end of the video it is stated that they believe that Chief Judge Belvin Perry would probably take over:

http://www.wesh.com/video/23179601/index.html


Judge Perry's info can be found here:

http://www.ninthcircuit.org/judges/chief_judge/index.shtml

 

[beach]

Problem is, they will whine every time they don't get their way and when they do it causes a panic wave of OOH, that could be grounds for appeal... I think by now it's obvious they are going to appeal anyway, so why be held hostage to their demands just in case they find a nanomole of evidence they deem unfair, Let them appeal, the outcome will be the same, because the truth for Caylee will prevail.

ITA! That was kinda my point. IMO, they already have a better, more legitimate argument for appeal. So, this recent one asking JS to recuse himself seems moot to me. Therefore, I hope JS denies it.

 

[sleutherontheside]

I think that it is important to remember a couple of things with regard to this motion and the spirit of the defense as a whole.

As maddening as this case seems to be at times, we have to remember that we are likely only keeping tabs or keeping up with a few cases anyway. We are seeing the real nitty gritty, ethical vs unethical, tricks / skills, associated with ANY murder trial.

The frustrations that many experience with the legal process here, are due in large part to the emotional attachment that they have formed with this case but more importantly any case that involves a small child.

While people may be disgusted with the manner in which KC is being defended.....it is important to remember that she is being defended.

Our current legal system can be manipulated in a variety of ways to secure a defense. It doesn't mean that the client is innocent, just that there is a way to make it HARDER to convict them.

I hate to say loopholes, because that word may give the impression that there are gaping holes that must be closed. There are certainly loopholes that need some narrowing and some patching all together, but a loophole can be a safety net for an innocent person to use in their defense.

While I do not approve of the manner in which KC is being defended, she is nonetheless, being defended. A failure to file this motion would have been an opportunity to argue ineffective assistance of counsel later. They can ask all they want......nothing is a given.

My son wants an I-Phone. He could lobby me all day long and present me with a 37 page motion outlining his request. It doesn't mean I am going to give in.

I can't help but wonder if KC's own words will again come back to bite her. She praised JS in her letters yet claims she is fearful she can't get a fair trial. She has contradicted her position IN WRITING. Don't think it will go unnoticed.

Please don't lose sleep over this motion......it will not be the last by far.

 

[MyTinkieGirl]

I just watched the WESH video with R. Hornsby's comments, at the end of the video it is stated that they believe that Chief Judge Belvin Perry would probably take over:

http://www.wesh.com/video/23179601/index.html


Judge Perry's info can be found here:

http://www.ninthcircuit.org/judges/chief_judge/index.shtml

IMO...he "looks" like a no nonsense kinda guy....maybe his link to Texas...??? LOL

Also....he's Chair of the Trial Court BUDGET Commission....if that means anything about monies given out for indigent defendants...??

 

[nums24]

IMO...he "looks" like a no nonsense kinda guy....maybe his link to Texas...??? LOL

Also....he's Chair of the Trial Court BUDGET Commission....if that means anything about monies given out for indigent defendants...??

I agree, he does appear to be no-nonsense looking. Here is what I found about the TCBC:

Summary of Functions:

The Trial Court Budget Commission is charged with specific responsibility to:

* Establish budgeting and funding policies and procedures consistent with judicial branch plans and policies, directions from the supreme court, and in consideration of input from supreme court committees and from the Florida Conference of Circuit Judges and the Florida Conference of County Court Judges
* Make recommendations to the supreme court on the trial court component of the annual judicial branch budget request
* Advocate for the trial court component of the annual judicial branch budget request and associated statutory changes
* Make recommendations to the supreme court on funding allocation formulas and budget implementation
* Monitor trial court expenditure trends and revenue collections
* Recommend statutory and rule changes related to trial court budgets
* Develop recommended responses to findings on financial audits and reports
* Recommend to the supreme court trial court budget reductions required by the legislature
* Identify potential additional sources of revenue for the trial courts
* Recommend to the supreme court legislative pay plan issues for trial court personnel, except the commission shall not make recommendations as to pay or benefits for judges.

http://www.flcourts.org/gen_public/funding/tcbc.shtml

 

[Astraea]

I do not think that anyone realistically expects Judges not to have personal lives. Maybe open court is simply not the place to be extending your flattery to a blogger who has written about the case (and your part in it) extensively.

Maybe JS should have waited until after the case was finished to extend his appreciation of MDs views on how he is conducting his court room. It allowed for the INFERENCE and/or APPEARANCE of bias, and that is all that matters in my opinion.

I of course have nothing personal against JS, but I do think he made an error in judgement on this one. Hearing him call MD up in the manner he did was quite a shocker to me, and it is not my life on the line! He was supposed to be going to make a decision on a motion, and the foremost thing in his mind was a blogger sitting in his courtroom....just seems off to me!

 

[countzero]

Oh heck ... I keep going back to JB's comment that "my client is innocent" ..... sooooooooo, JB ........... why all the fuss? Just tell Judge Strickland now, let the validation of your claim begin, get KC a get out of jail card, write your books, charge $$$$$'s for future clients, get up to NYC and on that boat with your friends and let's find the real killer of Caylee. Sheeze, you could have done all this back in July 08 and saved me and other WS's and the people of Orlando lots of gray hairs, time and money.

Oh, sorry guess the forensic evidence against KC is more than junk science. So now this is the newest strategy your firm has to offer :waitasec:. I sincerely hope you have another occupation lined up because the days of practicing law in Orlando or anywhere else are close to being over.

 

[ExpectingUnicorns]

I think defense is taking a huge risk. If JS steps down, as many have already posted here, it is possible they will have a judge that is much stricter. For certain they will have a judge who knows they have walked into a minefield. They will certainly have a judge who has notice of their willingness to disqualify judges. No matter who the new judge might be, it sure doesn't sound like the beginnings of a mutually respectful venture, does it?

And if the Honorable Judge Strickland rules to reject the motion, they will have a judge sitting on the bench who has their knife in his back.

 

[denjet]

I just watched the WESH video with R. Hornsby's comments, at the end of the video it is stated that they believe that Chief Judge Belvin Perry would probably take over:

http://www.wesh.com/video/23179601/index.html


Judge Perry's info can be found here:

http://www.ninthcircuit.org/judges/chief_judge/index.shtml

If that IS true, then Mason and Baez are BOTH incompetent

From your link:

This will be Judge Perry’s seventh term as Chief Judge of the Ninth Circuit, having served from 1995 to 1999 and again from 2001 to present. Judge Perry received his Juris Doctor from Thurgood Marshall School of Law, a Masters Degree in Education from Tuskegee University and a Bachelor of Science Degree in History also from Tuskegee University. Prior to taking the bench as a Circuit Judge in 1989, Judge Perry served as an Assistant State Attorney within the Ninth Circuit. Along with currently serving as Chief Judge, Judge Perry also serves as the Chair of the Trial Court Budget Commission for the state court system.

This can't be right, why on earth would they want to replace Strickland with Perry? :waitasec:

 

[Wishbone]

:clap: :clap: :clap:


We are on the same wavelength, Wishbone. I was just revisiting the issue of the proposed gag order.

Suddenly, it hit me like a cold shower - IMHO, THIS is by far the best shot of any possible chance for an appeal. It could easily be argued (and I hate to say it, but it has merits) that JB was acting in his own best interest and that of CA & GA by fighting the gag order so they could collect $$$$. How else was he going to get paid? I really don't see how fighting that gag order could be viewed as being in the best interest of Casey Anthony.

I've never thought the 'ineffective counsel' argument had legs, but this was before Andrea Lyons et al.

Can’t give you the links and exact words but JS has covered the “ineffective council” issue more than once. He has made sure that KC is more than happy with her representation. FWIW I doubt that will stop her from trying to appeal on those grounds and many others. JMOO no matter what precautions are in place, appeals of all kinds will be filed in this saga that is lolling in its own immensity.

 

[nums24]

If that IS true, then Mason and Baez are BOTH incompetent

From your link:

This will be Judge Perry’s seventh term as Chief Judge of the Ninth Circuit, having served from 1995 to 1999 and again from 2001 to present. Judge Perry received his Juris Doctor from Thurgood Marshall School of Law, a Masters Degree in Education from Tuskegee University and a Bachelor of Science Degree in History also from Tuskegee University. Prior to taking the bench as a Circuit Judge in 1989, Judge Perry served as an Assistant State Attorney within the Ninth Circuit. Along with currently serving as Chief Judge, Judge Perry also serves as the Chair of the Trial Court Budget Commission for the state court system.

This can't be right, why on earth would they want to replace Strickland with Perry? :waitasec:

I do not think the defense can choose who would replace Judge Strickland, if it comes to that, I was merely repeating what was said in the WESH report. I can't believe this would be their first choice and now I understand why RHornsby said removing JS could be their worst move yet. Maybe the defense will withdraw their motion.

 

[denjet]

I do not think the defense can choose who would replace Judge Strickland, if it comes to that, I was merely repeating what was said in the WESH report. I can't believe this would be their first choice and now I understand why RHornsby said removing JS could be their worst move yet. Maybe the defense will withdraw their motion.

It's my understanding that the court assigns the next judge in rotation ... I am sure, though, that neither the defense nor prosecution gets to pick which judge they want.
My question I posted before is do lawyers working a case even know who the next judge in line would be ? Is there some sort of a schedule ?

 

[nums24]

It's my understanding that the court assigns the next judge in rotation ... I am sure, though, that neither the defense nor prosecution gets to pick which judge they want.
My question I posted before is do lawyers working a case even know who the next judge in line would be ? Is there some sort of a schedule ?

I wish I knew the answer to that, I'm not an attorney, (always wanted to be LOL).


This is interesting, I think Chief Judge Perry was involved the day of the grand jury indictment:

snipped from: http://www.foxnews.com/story/0,2933,438206,00.html

Chief Judge Belvin Perry Jr. warned members of the news media that they could be charged with criminal contempt if they made public what was said, since grand jury proceedings are secret. Perry said he didn't know what may have been heard.

 

[beach]

Can’t give you the links and exact words but JS has covered the “ineffective council” issue more than once. He has made sure that KC is more than happy with her representation. FWIW I doubt that will stop her from trying to appeal on those grounds and many others. JMOO no matter what precautions are in place, appeals of all kinds will be filed in this saga that is lolling in its own immensity.

Oh, I totally agree with you! No need to provide me the links, I vividly recall him specfically asking her that on numerous occassions. Most recently when she plead guilty to the fraud charges in re. AH. JS left no stone unturned insuring how pleased she was with her current counsel to make sure it was on the record.

in your FWIW suggestions, I think, should she be convicted, she will have had a change of heart. She tends to change her mind when it suits her best interests quite frequently, YKWIM? My point (which I obviously didn't express very well) was that I feel that it could be argued that when JB fought the gag order (and at that time was her only counsel) is a pretty legitimate argument that he did so not in the interest of his client, but in his own best interest.

 

[Astraea]

I rewatched the video and I would advise others to do so. The judge asks to speak to MD before the proceeding is finished. I definitely feel JS' priority this day was not case related. Very disturbing to watch again actually.

 

[magic-cat]

Guess I should have read the post you linked ... I thought it was someone with inside info ... now I get it ... :blushing:

...could it be?:waitasec: hmmm...hinkier and hinkier this gets...

 

[magic-cat]

I rewatched the video and I would advise others to do so. The judge asks to speak to MD before the proceeding is finished. I definitely feel JS' priority this day was not case related. Very disturbing to watch again actually.

This happened in open court. The defense was right there. There was nothing secretive or suspicious about His Honors asking to speak to MD. If that were the case? He would have done so privately. The fact the cameras were rolling and he did it before the proceeding was finished is even MORE evidence of his innocent actions...IMO. :waitasec:

Judges are allowed to also be human beings. They are not gods. They are men and women and they are human...The judge speaks with attorneys on behalf of media every single day. In this case, he went directly to the source, as MD has no representation in the courts but himself. It didn't disturb me in the least.