Emergency Hearing 12/16/08 UPDATE: Motions Denied

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Since the defense is so hot to trot on this autopsy - either being present or getting a 2nd autopsy ordered by the court - the ME can find out if there is chloroform present from the hair and bones???? They can also find out if the head was severed?

They can obviously compare the hair found in the trunk and hairbrush to the hair on the body

So is this maybe why the defense is so keen on being there? the chloroform aspect? With the evidence at the scene and if chloroform is present - it pretty much sinks Casey and the DP might be brought back
 
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.

The remains can withheld until after the trial if there is any concern about them being cremated.
 
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

What I was referring to was getting a new trial on the basis of incompetently of Baez.
 
Ok...question...sorry if it's been answered...why would the defense team be allowed to examine the crime scene prior to a definitive ID of the body? It just doesn't seem to jive with the reasoning LE has given for not allowing them near the remains. If it's not Caylee...and they're not willing to give a preliminary ID...then why should strangers be allowed into the site?
 
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.
the remains have been identified as female as of today.
 
Ok...question...sorry if it's been answered...why would the defense team be allowed to examine the crime scene prior to a definitive ID of the body? It just doesn't seem to jive with the reasoning LE has given for not allowing them near the remains. If it's not Caylee...and they're not willing to give a preliminary ID...then why should strangers be allowed into the site?

The defense is not allowed prior to identification. This is a murder crime site. Could be anyone's child. Only LE and the experts used to inspect until cleared are allowed. Defense can go in the actual second the site is cleared of evidence. Just the way it goes. This is too keep any cross-contamination, lifting of evidence, and many numerous other things from occurring before all evidence is documented, properly removed and sent to the labs.
 
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.

If this case were left solely to JB the perp would have plenty of after trial options. Now that JB has Baden in there too, there will not be a mistrial or "ineffeciancy of counsel" going on. Besides, perp can still demand JB off the team. It is very easy. She just has to request it through the Court. JB does not have to stay the attorney of record. We still have until next autumn for a trial, anything can happen.

ETA: Also, JB or Baden may request to withdraw do to lack of cooperation or just irreconcilable circumstances, and I am sure JG Strickland would be very understanding. (My typos must be all over the place right now, lol!)
 
Ok...did that world renowned attorney actually call Caylee Casey...again!!!
It would not surprise me. I watched the motion the other day live and both Baez and Kenney-Baden used the wrong name. As an attorney, I cringed at the oral argument of Kenney-Baden (and Baez too) -- both should have used voices, inflection and vocabulary appropriate to the circumstances (a tiny child found, murdered, bound, gagged and decomposed so badly that it's not even clear that it's Caylee). Instead, they were crass, showed no humanity and acted like it was their little party.

In contrast, the prosecutor, Jeff Ashton (Asst. State Attorney in Orange County) *gets* the atmosphere and he and all persons sitting to the left of the judge at that motion used somber voices, refrained from laughing and smiling upon greeting others before the judge arrived and chose words carefully (the word "nauseating" was appropriately placed). The motion itself was outrageous but the defense could have at least acted in appropriately somber and respectful manner.

BTW, I know from personal experience that despite the various forms on the Florida Bar Association website, someone can file a complaint against a Florida attorney alleging inappropriate conduct (under specific Canons of Ethic applicable in Florida) even if the complainant is not a client or even former client of the attorney. I have seen such a case years ago. So it was interesting that a few months ago, we read that a non-client (not even a Florida resident) filed a complaint with the Florida Bar concerning Baez (she never met him) and the Bar Association allowed the filing, set a case number and is now investigating the complaint. I recall the complaint alleged improper behavior by Baez, I think when he hugged Casey in jail. I saved this quote from the article:

"The complaint with the Florida Bar was filed by a woman from Indiana who had read about the incident online and felt Baez overstepped his boundaries. The Bar said it would investigate the complaint even though the woman had no involvement in the case. Baez could have his license revoked if the Bar deems the conduct inappropriate but license forfeiture would be extreme in a case such as this."
 
What I was referring to was getting a new trial on the basis of incompetently of Baez.

Actually you did state that it might be easier to get another lawyer if the lawyer was a public defender - when I researched the topic of getting a new trial due to lawyer incomptency on Nolo, it stated that getting a new trial because of a public defenders incompetency is much harder to get because a judge has to rule on it, other than getting another trial with a new lawyer.

Either way, if the A's decide to go with a new trial because of this, it can take more than 10 years to even get a ruling, then much longer to even get a new trial on the docket
 
The defense is not allowed prior to identification. This is a murder crime site. Could be anyone's child. Only LE and the experts used to inspect until cleared are allowed. Defense can go in the actual second the site is cleared of evidence. Just the way it goes. This is too keep any cross-contamination, lifting of evidence, and many numerous other things from occurring before all evidence is documented, properly removed and sent to the labs.
but it sounds to be that the scene will be cleared before identification is made.
 
I disagree. JB has been filing these motions since the beginning. The experts are stuck with him. He is embarrassing them. He does not have enough experience in criminal defense to know when to file which motions, nor how to file them in a timely manner. We have also noted he never cites any case law, he just makes this stuff all up. JG Strickland is being very lenient and patient b/c of this knowledge. IMO.


Well said. :clap: My thoughts exactly.
 
NJ Lawyer, you eloquently stated my observations of the defense team today.

I am very surprised at the complaint filing, interesting information. Actually scarey really. (Be happy you are not an attorney there! :chuckle:)
 
Hey, what do you think the trial judge is thinking while he is watching all of these motions being filed by JB?

I'll bet he is thinking, "WTH am I getting into with these clowns?" and wishing the case was staying in Judge Strickland's hands.


:floorlaugh: Yep, that is exactly what the trial judge is thinking! :floorlaugh:
 
Nah, they have too much land to cover. ;)
Well the State agreed to it in court today so maybe they're just yanking their chain. It's in the State's best interest to have the ID and release to happen simultaneously IMO. I hope you're right.
 
Well the State agreed to it in court today so maybe they're just yanking their chain. It's in the State's best interest to have the ID and release to happen simultaneously IMO. I hope you're right.

If defense is allowed in before the release of identity that could bring up a lot of issues. IF it happens, the scene will definately have been cleared first. I think identification will come first though. JMO.
 
That is because they filed the missing persons report I believe. The medical examiner's office will require legal status as next of kin. They won't put themselves in a position where they have released a body to someone who was not in legal first standing position.

Ok, I checked and according to the ME's office, Casey is Caylee's legal next of kin. she may be in jail on charges of murdering Caylee, but she has not been convicted of any crime so she is still her next of kin, and she will be the one to make all decisions regarding Caylee's remains, unless she give permissin for her parents to do it or JB.
 

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