Defense claims judge had inappropriate convo with blogger?

[magic-cat]

If he does remove himself? I hope they appoint the most strict hard a$$ they have on staff to this case and I hope he makes Mr. Baez appreciate and long for Judge Strickland before this concludes. Come on hangin' judge...THAT would be THE only just outcome for Mr. Baez and company. Talk about biting the hand that feeds you...Jose has just been waiting to sling some dirt his way ever since he filed a Bar Complaint against HIM...URGH@$#%$#!!!

 

[Just Jayla]

I think this is just a smokescreen by the defense. The defense has filed so many legally deficient motions and feel that their being treated unfairly (IMHO).

I think the real reason for this motion is so they can re-argue some of the motions that have been denied. I think that's their real angle. I also think that may be part of "budget" motion.

This is part of Florida rule of judicial administration 2.330, section H:

(h) Prior Rulings. Prior factual or legal rulings by
a disqualified judge may be reconsidered and vacated
or amended by a successor judge based upon a motion
for reconsideration, which must be filed within 20
days of the order of disqualification, unless good cause
is shown for a delay in moving for reconsideration or
other grounds for reconsideration exist.

That's definately not skirting around it, I believe you just got to the heart of the legal matter.

 

[ExpectingUnicorns]

If statute and precedent holds true, the defense will have to lay out exactly why this communication prevents her from getting a fair trial-However, based on the reactions of the attorneys on this thread tonight, I am thinking Judge S. won't put up much of a fight...while I think it's total crap, the upshot to Judge S. bowing out gracefully would be that he does not allow this group of vultures to pick him apart.
Make no bones, if these attorneys have to pick Caylee apart by saying she drove KC to irrational, depressive behavior, they will do it. Asking Judge S. to recuse himself will be one of the least offensive things they will do over the next couple of years.
Fortunately, there is a Judge that will never be recused, a Judge that holds Caylee in His arms and comforts her. The ways of men are not His way, and His justice is swift.

Yes ma'am, and we know that Judge!

 

[Aedrys]

If statute and precedent holds true, the defense will have to lay out exactly why this communication prevents her from getting a fair trial-However, based on the reactions of the attorneys on this thread tonight, I am thinking Judge S. won't put up much of a fight...while I think it's total crap, the upshot to Judge S. bowing out gracefully would be that he does not allow this group of vultures to pick him apart.
Make no bones, if these attorneys have to pick Caylee apart by saying she drove KC to irrational, depressive behavior, they will do it. Asking Judge S. to recuse himself will be one of the least offensive things they will do over the next couple of years.
Fortunately, there is a Judge that will never be recused, a Judge that holds Caylee in His arms and comforts her. The ways of men are not His way, and His justice is swift.

ITA. Next thing you know, Baez will write a motion accusing God of doing something prejudicial in this case. Sounds crazy, but I can see Baez blaming God for how this case has gone. I mean what else could explain such bad luck, bad timing, bad publicity, and overall bad defense? Yep, he's going to claim even God is against him at this point and try to get God recused from this case. Too bad you can't write motions after death.

 

[nancy botwin]

...
But by the same note, this does not mean we expect our judges to live an issolated and cloistered existance. The assumption of impropriety for reading a blog or commenting on a frequently seen court followers health is probably not an area where the Florida banch as a whole wishes to go. To do so opens up the questions of how far could that be taken as a reason of judicial impropriety. Judges are expected to be members of their comunity and to be informed members of said comunity...

Good points
The Florida JEAC recently issued an opinion regarding judges using Facebook. I think the opinion could provide an instructive analogue for the defense's motion which, incidentally, I think will be denied.

Here's the JEAC opinion re: Facebook:
http://www.jud6.org/LegalCommunity/LegalPractice/opinions/jeacopinions/2009/2009-20.html

Question: The defense motion says something about Marinade Dave being a prospective witness/on the witness list or something. Is this true?

 

[nums24]

That's definately not skirting around it, I believe you just got to the heart of the legal matter.

Here is the link for the rule from the Florida Bar website, but their security certificate is expired and you will receive a security warning:

https://flabar.org/TFB/TFBResources.nsf/Attachments/F854D695BA7136B085257316005E7DE7/$FILE/Judicial.pdf?OpenElement

If you prefer to just view as an html file, it's on page 37 at this link:

http://docs.google.com/viewer?a=v&q...Bb5xvh&sig=AHIEtbRhidcZAcFE0MLKLGNnEK1NBSbiTQ

 

[Just Jayla]

ITA. Next thing you know, Baez will write a motion accusing God of doing something prejudicial in this case. Sounds crazy, but I can see Baez blaming God for how this case has gone. I mean what else could explain such bad luck, bad timing, bad publicity, and overall bad defense? Yep, he's going to claim even God is against him at this point and try to get God recused from this case. Too bad you can't write motions after death.

Motion to Compel the Almighty to Explain Why JB Was Not Given the Natural Ability to Write Coherent Motions?

 

[ExpectingUnicorns]

ITA. Next thing you know, Baez will write a motion accusing God of doing something prejudicial in this case. Sounds crazy, but I can see Baez blaming God for how this case has gone. I mean what else could explain such bad luck, bad timing, bad publicity, and overall bad defense? Yep, he's going to claim even God is against him at this point and try to get God recused from this case. Too bad you can't write motions after death.

Achoo!

 

[nums24]

Motion to Compel the Almighty to Explain Why JB Was Not Given the Natural Ability to Write Coherent Motions?

:rotfl: That is spot on!

If Judge Strickland is recused, I hope he at least holds the defense in contempt for failure to provide the witness list by 2/1/10 as ordered!

 

[Gypsy Road]

The strategy seems to be: when the indefensible has no defense, disqualify the judge. If that doesn't work, what are they going to do next - disqualify the jury?

One other thing - funny how this occurred while the Haleigh Cummings case was on the front page. Guess JB couldn't take being ignored.

BBM

Just wait...they'll try to pull that too!! I don't doubt it for a minute.

 

[Aedrys]

Motion to Compel the Almighty to Explain Why JB Was Not Given the Natural Ability to Write Coherent Motions?

Achoo!

ROFL!!!! You two are awesome! The thanks button just wasn't enough. I really needed those laughs, thank you.

I was being sarcastic, but you know, God is about the only one they haven't written a motion about or tried to bring down in this case. Wow, the craziness and chaos from this defense!

And yet they're still Casey's "boys". I wonder if she'll look back on this someday and wonder what in the HECK she was thinking going along with them the way she did!

Also, jury selection is going take an eternity at this rate. I can't see Baez deciding that any twelve people are going to be good enough!

 

[Just Jayla]

:rotfl: That is spot on!

If Judge Strickland is recused, I hope he at least holds the defense in contempt for failure to provide the witness list by 2/1/10 as ordered!

It would be a timely contempt, and appropriate-not just for the sake of spite.

 

[ExpectingUnicorns]

If he does remove himself? I hope they appoint the most strict hard a$$ they have on staff to this case and I hope he makes Mr. Baez appreciate and long for Judge Strickland before this concludes. Come on hangin' judge...THAT would be THE only just outcome for Mr. Baez and company. Talk about biting the hand that feeds you...Jose has just been waiting to sling some dirt his way ever since he filed a Bar Complaint against HIM...URGH@$#%$#!!!

I'm praying it won't be Rodriguez, the one who's judging ZG's case!

 

[Just Jayla]

My leg is falling asleep on my avatar's head, I'd better call it a night before the rest of me follows suit and the dog gets stuck! Hasta manana...

:seeya: :bedtime: fftheair:

 

[Aedrys]

I'm praying it won't be Rodriguez, the one who's judging ZG's case!

That is my nightmare right there. But I don't think he can do the Civil and Criminal case at the same time, right AZlawyer?

 

[Cher352]

check out the expiration date on CM's notary stamp!! November 20, 2009

http://www.wftv.com/pdf/23176762/detail.html (pg 4)

Haven't gotten far in reading this thread but could not help posting on this.

Someone needs to send this to NG and let her rip him on national TV for this one!

Maybe this lawyer is not all that he is cracked up to be if he didn't catch this himself.

 

[nums24]

It would be a timely contempt, and appropriate-not just for the sake of spite.

Maybe JS can have Baez removed for repeatedly breaking prison rules too!

 

[magic-cat]

Just for the record, the first article cited by Dave, Casey must die! is actually a VERY EXTREMELY fair and unbiased opinion to my way of thinking...the title is not indicative of Dave's OWN opinion, but that which is being clamoured for by the public...he lays out a well thought and succinct case both ways...and ACTUALLY seems to be saying in THAT article she should NOT have been brought up on DP but they should have saved the state some money and gone for life. That's how it reads to me. I would think they could have chosen better to make him look like a KC killer wannabe than THAT particular article... ???

 

[beach]

Good points
The Florida JEAC recently issued an opinion regarding judges using Facebook. I think the opinion could provide an instructive analogue for the defense's motion which, incidentally, I think will be denied.

Here's the JEAC opinion re: Facebook:
http://www.jud6.org/LegalCommunity/LegalPractice/opinions/jeacopinions/2009/2009-20.html

Question: The defense motion says something about Marinade Dave being a prospective witness/on the witness list or something. Is this true?

In my state of disbelief when I saw this thread title, I hurriedly skimmed the motion. I did not see that. I cannot even begin to imagine what Marinade Dave could offer that is even remotely relevant in determining whether Casey Anthony murdered her daughter.

Disgust is shifting to anger for me in re. the defense tactics in this case. Enough already. Begin the freakin' discovery process and MOVE ALONG. So now the Judge has tire-tracks down his back, too?! I'm sick of it. Granted, it was not one of JS's best moments, but this is a CHEAP SHOT. I am convinced this is Cheney Mason's doings, so I am not holding out a lot of hope that I am going to gain any more respect for the defense team in the foreseeable future.

Thanks for the link to the JEAC opinion. Interesting.

 

[toetag]

I read the motion but don't have time to read the cited authorities. But my impression is that it is likely to be granted. JS either showed an appearance of impropriety (IMO no actual impropriety occurred, but an appearance is sufficient), or else the only way to prove he did nothing wrong would be for him to testify about his communications with MD, which is not going to happen (or for MD to recant, which is even less likely to happen). No one at that court is going to want to fight the battle to keep JS on the case, knowing that whoever is the judge is likely to have to deny lots of defense motions and rule against the defense on lots of evidentiary issues. If JS stays on as the judge, every one of those rulings will be listed as further evidence of how his "bias" affected the case. ("OMG, he denied 97% of our (crappy) motions! He's so biased!")

I agree that it is normally a risky strategy to move for recusal of a judge, because (1) if your motion is denied, the judge gets pissed, and (2) you could end up with an even worse judge. But that's only if you think you have a chance of winning the case. Here, the defense must be extremely concerned about a conviction, despite the public bravado. I personally believe that the defense in this case WANTS this motion to be denied. Then they will file stacks of silly motions, which will all be denied. Then, on appeal, they can say, "He was biased to begin with, and then after we asked him to recuse himself, he just LOST it and ruled against us on EVERYTHING." But if the motion is granted, the defense can go out to the media and parade this as a Big Win. Lose=win, win=win.

I disagree with you completely. Strickland has not done anything improper, nor anything that would give the appearance of impropriety. He will not and should not recuse himself.

He also is not dumb enough to blindly rule against the defense. He has and will continue to bend over backwards to assure that Casey gets a fair and unbiased trial.