Emergency Hearing 12/16/08 UPDATE: Motions Denied

[faefrost]

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This man is an embarrassement (sp) to the legal profession.I have no schooling beyond hi school and I am embarrassed for him! After today I am convinced he knows it is Caylee.Did he get his Diploma from the internet? I dont think G. and C. will want an autopsy,could be wrong though

His entire filing of motions today is pretty much an admission in open court that the remains are Caylee and that the current crime scene is a scene related to his client.

Gee? how could he possibly be so certain of that? Until LE and the ME release the formal results this could very well be Trenton Duckett. The State can use his public and court utterances to their benefit in prosecuting his client.

 

[MagicRose99]

No it doesn't. Unless Baez commits something that gets him disbarred during trial it is highly unlikley that any appeals based on incompetant defense will be allowed. JB is not a public defender. The client selected and hired him. h3e represents her at her pleasure. He is obviously spending alot of time with the client and working diligently on her case. You select the lawyer. If you choose to select and pay a stupid one, so be it. Judge S has done a very good job of treating JB's stupidity in a calm and even manner, to avoid any hints of incompetance, and he also appears to be watching carefully for any lawyer actions that might harm the client.

There is a much deeper legal standard for retrial based on incompetent defense then has been seen here sofar. In fact the assemply of the "Sceme team" assures that KC is getting the best hollywood defense that money could possibly buy.

Sure it does... all they have to say is that JB is a baffoon and didn't defend KC in the manner in which she was entitled to because he is ingnorant of the laws and was too busy getting camera time instead of concentrating on his client...

 

[kidz110]

I am not sure the remains are still not Casey's to authorize the autopsy or not. She is not convicted.

Different state, but in our situation my MIL was murdered by her husband while in a ugly ugly divorce battle. Despite him be the accused and the existence of the divorce proceedings he maintained legal standing as next of kin with full spousal rights. The morgue would not release her body to her son for burial without his signature. So I know it does not make sense, and maybe florida allows those rights to taken from her at only an accusation stage and prior to conviction, but I can tell you from real life experience it is not a given.

We had that same problem when my sister's husband murdered her. He was charged and in jail, but we had to go to court and get him to release his rights to the remains, so we could bury her. It took over a month.

 

[alwaysonmymind]

I am not sure the remains are still not Casey's to authorize the autopsy or not. She is not convicted.
Different state, but in our situation my MIL was murdered by her husband while in a ugly ugly divorce battle. Despite him be the accused and the existence of the divorce proceedings he maintained legal standing as next of kin with full spousal rights. The morgue would not release her body to her son for burial without his signature. So I know it does not make sense, and maybe florida allows those rights to taken from her at only an accusation stage and prior to conviction, but I can tell you from real life experience it is not a given.

Bolded by always~

Red, So sorry about your MIL. How awful.

CPS has investigated and determined KC was neglectful.
Shouldn't this be enough to suspend her rights?

 

[NJ Lawyer]

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I dont think G. and C. will want an autopsy,could be wrong though

Having already tossed this baby out like garbage for her to rot, it is astonishing that Casey would be able to (either through her agent, Baez, filing motions or by receiving legal custody of the remains) get yet a second chance to prod and mess with the lifeless body of her daughter. If either Casey or her parent's get custody of the remains....don't be surprised if they choose to cremate her. They'll have their lawyers announce how wonderful they think cremation is, but the sad thing is they didn't want her body found and now that it has, they all want it to go away fast just in case it could be used at a future time as more evidence against Casey. All of it....astonishing.

 

[ks1]

I don't get the whole second autopsy request, have never heard of that before. The ME is neutral, she does not work for or against the defense, nor for or against the prosecution. Her job is to examine and (hopefully) determine the cause of death. Her job is to be Caylee's final voice and reveal the truth about the last moments of Caylee's precious life. If a second autopsy is performed by an examiner paid for by the defense, they are not seeking the truth nor speaking for Caylee, they would be seeking anything to discredit the truth. It's outrageous that an examiner paid by the defense and only working for the defense can testify in court against the findings of the ME who is not working for either party.

 

[ShadowGal]

We had that same problem when my sister's husband murdered her. He was charged and in jail, but we had to go to court and get him to release his rights to the remains, so we could bury her. It took over a month.

I am so sorry to hear this story, kidz110...this must have been a very difficult time.

 

[illinoismom]

I didnt see this posted. Heres the link to the raw video "Emergency motion hearing" in case you didt get to see it like me.

http://www.myfoxorlando.com/myfox/M....jsp?contentId=8084759&version=1&locale=EN-US

 

[TURBOTHINK]

Something I caught in Baez's statement today..............

Baez complained in one of his failed motions about the possibility the bones will be "macerated" -- a process that removes soft-tissues from the bones by soaking them in cold water and/or boiling water. The procedure helps experts focus only on the bones.

Guthrie acknowledged that Garavaglia anticipates there could be about three inches of "bone loss" and that could include maceration.

I think they are afraid of severe "head trauma" showing up. That is what they do when they suspect a head trauma at the Body Farm.

 

[TURBOTHINK]

Having already tossed this baby out like garbage for her to rot, it is astonishing that Casey would be able to (either through her agent, Baez, filing motions or by receiving legal custody of the remains) get yet a second chance to prod and mess with the lifeless body of her daughter. If either Casey or her parent's get custody of the remains....don't be surprised if they choose to cremate her. They'll have their lawyers announce how wonderful they think cremation is, but the sad thing is they didn't want her body found and now that it has, they all want it to go away fast just in case it could be used at a future time as more evidence against Casey. All of it....astonishing.

I am afraid you are right............That was the first thing I thought about when they spoke of releasing the body for the 2nd autopsy. They would do a conflicting autopsy and then cremate the remains.

 

[zoey]

Sure it does... all they have to say is that JB is a baffoon and didn't defend KC in the manner in which she was entitled to because he is ingnorant of the laws and was too busy getting camera time instead of concentrating on his client...

but GR thinks he is an excellent atty......(lol)

 

[trac]

Sure it does... all they have to say is that JB is a baffoon and didn't defend KC in the manner in which she was entitled to because he is ingnorant of the laws and was too busy getting camera time instead of concentrating on his client...

Actually no that is not a reason for incompetency -

To find a good criminal defense lawyer, we suggest that you ask the following questions: (do you think Casey or the A's asked these questions?)

Does your firm have attorneys who are highly experienced in the defense of criminal cases?
Does your firm have lawyers who limit their practice to criminal defense?
Does your firm make promises as to the results that they can obtain? Beware -- this is something ethical attorneys cannot do. Specific results cannot be accurately predicted.
Will your firm actually handle the case or will you simply sign me up and refer me to another criminal defense lawyer or firm?
Can your firm provide recent case results?


What Casey and the A's could do, and it has to do with the lawyer

Writ of Habeas Corpus

Many people who are found guilty after a jury trial feel that they were unfairly convicted. They often feel that their trial lawyer did not do a good job representing them. In some cases, a person who does not feel that he received adequate legal representation can be successful in winning a new trial.

The legal process that is followed in most of these situations is the bringing of a writ of habeas corpus. Usually a petition alleges that you received inadequate representation at your trial. One of the most common grounds cited by those who feel they were wrongfully convicted is that the lawyer was incompetent for failure to call certain witnesses to testify at trial.

In a recent case a defendant was found guilty after a jury trial for rape and related charges and was sentenced to 94 years in prison. He was found guilty in 1996. However, more than ten years after his conviction the court of appeals has recently reversed his conviction and has agreed with appellate counsel that his trial lawyer was incompetent.

In this recent case the court found that the trial lawyer’s representation was “deficient in failing to call available, credible witnesses whose testimony could have supported (the defendant’s) alibi and impeached the testimony of the prosecuting witness”. The appellate court called the defense lawyer’s representation “inadequate and inept”.

It is very likely that in the recent case where the defendant had his 94 year sentence reversed that many lawyers told him or his family that there was nothing that could be done. However, he found the right lawyer who fought for him and finally in 2007 won him a new trial.

So it's not just JB wants to be in front of the cameras

 

[curiositycat]

Something I caught in Baez's statement today..............

Baez complained in one of his failed motions about the possibility the bones will be "macerated" -- a process that removes soft-tissues from the bones by soaking them in cold water and/or boiling water. The procedure helps experts focus only on the bones.

Guthrie acknowledged that Garavaglia anticipates there could be about three inches of "bone loss" and that could include maceration.

I think they are afraid of severe "head trauma" showing up. That is what they do when they suspect a head trauma at the Body Farm.

I caught that also and I agree with you. I also heard something about "toxicology" preservation. I think they want to be able to determine, as well as possible, any drug residue in the bones.

 

[TURBOTHINK]

Sure it does... all they have to say is that JB is a baffoon and didn't defend KC in the manner in which she was entitled to because he is ingnorant of the laws and was too busy getting camera time instead of concentrating on his client...

I don't think that would wash..........the responsibility to have a good attorney is on HER shoulders. If she had a public defender, it might work, but when you have a "hired" attorney they don't grant those motions that I have ever heard.

 

[ishouldbworking]

I have a question. Since KC is legally Caylee's next of kin and not Lee or the grandparents can she give the ok to JB to perform the second autospy?? She can give JB power of atty to do whatever he needs to do with the body. I went through that with my brother over the summer when he died and I couldnt do anything since his eldest daughter, whom he was very estranged from for the last 18 years) was given custody of the body, she was legally next of kin, not me. She finally gave power of atty over to my SIL who had just divorced him (not the eldest niece's mom) so we could have him cremated and buried)

see i read one the 1st or 2nd page of the last document dump that GA & CA are the next of kin...

http://media.myfoxorlando.com/photo...setone/1/lg/Anthony_pgs_2271-2320_Page_02.htm

 

[RR0004]

IMO...the best part of the hearing...seeing Yuri. The rest seems like a bunch of hogwash. There's so much showboating going on. It makes me ill.

 

[Chilly Willy]

Baez knows that the prosecution is obligated to turn all this stuff over in a timely manner when the investigation is complete. There have been cases where the defense was able to come in after the prosecution and examine the body but certainly not before positive identification was made.

Baez is doing this, IMO, in hopes of getting word out to the jury pool that the defense is not being given evidence in a fair manner and are therefore at a disadvantage in defending their client. I don't think that's going to work for him.

 

[Origrammi]

He wants to know how the baby was killed at the same time as the state so he can build a defense around a story that will fit the cause of death. He will also use these denials of his motions as a defense as well to show some type of legal bias. IMHO

Yes, one legal expert mentioned after the first request...'They knew they wouldn't get it, and in fact they don't want it.' So if that's the case how are these emergency hearing requests not to be considered as frivolous use of court time and resources? Kind of like civil suits. (if they really don't want, and know they won't get) their requests.

Joes is in an odd position. He wants to know how the baby was killed at the same time as the state? His has the access to that information at his fingertips. His client can answer how, when and why. (probably) Maybe he should be asking for help from his client more and help from the judge less.

 

[trac]

I don't think that would wash..........the responsibility to have a good attorney is on HER shoulders. If she had a public defender, it might work, but when you have a "hired" attorney they don't grant those motions that I have ever heard.

Actually getting a new public defender is harder than getting new lawyer on your own - I did some research and the judge has to allow the defendent a new public defender and that is not a normal procedure and much harder to prove

She can get a new attorney any day of the week, all she has to do is fire JB and hire a new lawyer, that lawyer would argue for more time to get up to speed on the case - problem would be that Casey would most likely have to pay for another lawyer and we know that ain't gonna happen

 

[RR0004]

Ok...did that world renowned attorney actually call Caylee Casey...again!!!