Emergency Hearing 12/16/08 UPDATE: Motions Denied

[yolorado]

The judge grants the hearing and schedules it for the courtroom. This is done based on the merit of what motions have been presented. If the judge saw no reason to grant the hearing, then he would not have done so. Perhaps the judge is not too happy that the prosecution stated that there was no such thing as preliminary identification and then just hours later started issuing statements to the contrary. Perhaps the judge is also not too happy that the prosecution did not want the defense team to OBSERVE, but then allowed private citizens to observe the examination of the scene. Providing COPIES of photos and videos does not in any way interfere with the LE investigation.

However, until there is definitive ID of the remains, what right does KC Ant actually have to access autoposies or crime scenes? I'd argue zippo. Of course, everyone THINKS this is Caylee and are proceeding as if it is, however until a final and absolute determination is made, which should be within this coming week from all accounts, I don't see how the defense can truly argue standing here. In the off chance that this is another family's child, the state and county, not to mention the FBI, simply cannot grant access to the remains, either at the morgue or the crime scene where they are apparently still digging up body parts. This is not unfair, nor is it unusual. This is standard operating proceedure. Until there is irrefutable proof that these ramains belong to the little girl 'his girl' lost, no LE in the country would share with Jose. He just likes to whine and posture.

 

[TURBOTHINK]

MOTIONS RELEASED!

READ: Emergency motion to compel photographs, video recordings and schematic drawings taken at crime scene
http://media.myfoxorlando.com/photogalleries/121608photographmotion/indexGallery.htm

READ: Continuing request for second autopsy and all related materials
http://media.myfoxorlando.com/photogalleries/121608secondautopsymotion/indexGallery.htm

READ: Emergency motion to preserve forensic evidence and appoint forensic expert for the court
http://media.myfoxorlando.com/photogalleries/121608preserveevidencemotion/indexGallery.htm

Sorry Fox is the first to release them...zoom in to read! LOL

Until there is a positive ID, under Florida law, the judge cannot release anything.

This shows Baez is panicking............Bad move on his part.

 

[Ocean Lover]

I think the judge should tell JB to put a sock in it and tell him he will have access when LE/FBI are done with the scene. Maybe he will tell him he is tired of seeing him and his team on the news whining and hand down a gag order.

 

[Paladine]

I read the motions linked above.

I think what they're really after are the crime scene photos showing the evidence that was found.

The dump site is already "irretrievably changed" by the fact that it's been searched for days, and there is no way it will ever look the way it did before. Jose's issue in that motion seems to be a fit of pique that because the search is dragging on, all of his experts flew home to their real jobs.

But the photos of the evidence...

The nerve! FBI holds up Baez JUST to recover a Childs bones! How dare they!

:furious:

 

[WillenFan21]

Should be interesting! Perhaps the judge is a little miffed that the Defense showed up at the crime scene the other night. I saw on the news that H Lee had a camera that day taking pics in the direction of the investigators.

I think that what you said is a major possibility. The defense team needs to back the hell off and let the LE and FBI do their damn job. I really hope the judge rips Baez a new one.

 

[TURBOTHINK]

I can't believe these forensic experts that are working with the defense. Why would they do this? It's not like Kathleen Reichs needs publicity. Why is she doing this? I doubt any of them are getting paid.

I don't see them staying on it long. When all the results are in, they are going to try to get her to make a plea, and when she doesn't they are not going to be able to testify to anything which will help her, so they will leave.

 

[weasel]

<<I just don't understand why all these fame whoring people are scrambling>>

You just figured it out for yourself. They're fame *advertiser censored*. I have totally lost respect for Henry Lee and Baden over the years. After the OJ double murder fiasco, I can barely even listen to those two anymore. I always thought "doctors" were supposed to be moral have ethics. Apparently not these guys. They'll say and do anything to get their mug on television and make a couple bucks.

 

[tiredofthis]

:Banane35: opcorn: We can all sit back and watch them dig themselves into a hole they can't even begin to climb out of.

I honestly think they are going to try and go after the fbi to an extent. *snort, that's gonna work out well.

 

[RevCrim]

How sad-

LE is treating Caylee's remains and her memory with kidd gloves - as she so deserves.

GP's would not even consider she may be dead-

JB is treating her like just another case- forget the victim- as long as I protect the perp.

 

[Spangle]

I actually think JB is PO'd because he jumped the gun and invited all of these different forensic experts before the crime scene was released. The OCSO thought it may be released but more bones were discovered so they can not release it until they are finished gathering evidence. Those 5 or so people that flew down shouldn't be upset if they are offering their services for FREE. Therefore he is filing a motion using words like they said we would "work it out" well "work it out" wasn't Judge Stricklands order. The order was that when they are finished you can have the crime scene.[/QUOTE

Oh Yea, he was upset cause he realized the LE was going to give them a call as they were driving away. Leaving the area unprotected from anyone who wanted to check the area out.

Then the LE said they would 'work it out'. I was guess that it ment that they would give the defense some notice, so they could have folks there when thee LE left. To keep folks out of the are. Yet again, it seemed the defense team wasn't happy with that. Like they thought LE should stay and protect the area while they do their thing. Again, totally unheard of!

 

[Donna101]

Get lost JB. Caylee suffered enough at the hands of your client. The thought of your people being able to do a second autopsy on that poor child makes me want to puke.

 

[Recovering-Lurker]

Until there is a positive ID, under Florida law, the judge cannot release anything.

This shows Baez is panicking............Bad move on his part.

Totally bad move. Like you said, the Judge can't release anything yet; the Judge already ruled no on the 2nd autopsy last week; LE isn't even done at the scene yet; it definitely shows panic; and well, he looks like an idiot imo.

 

[Spangle]

The nerve! FBI holds up Baez JUST to recover a Childs bones! How dare they!

:furious:

He is just upset that the LE and FBI didn't rush through the crime area and miss those bones.

Those bones where for Mr. Lee to find.. Don't ya know!!

 

[Anais]

I honestly think they are going to try and go after the fbi to an extent. *snort, that's gonna work out well.

LOL I so agree. It seems that with the Zanny the nanny defense leaves him with little else to attack other than LE and the FBI and the scheme team is also known for this! I think JB is positively freaking out about now.

IMO I also think it is another reason that they haven't come out and said that this is Caylee so that they can have as much time as they would like to further pull the case together wrapping up all loose ends neat and tidy! I believe they already know that it is Caylee.

 

[faefrost]

How sad-

LE is treating Caylee's remains and her memory with kidd gloves - as she so deserves.

GP's would not even consider she may be dead-
JB is treating her like just another case- forget the victim- as long as I protect the perp.

To be fair, the GP's finally today, via their lawyer, admitted that Caylee is in all liklihood deceased.

 

[yolorado]

I actually think JB is PO'd because he jumped the gun and invited all of these different forensic experts before the crime scene was released. The OCSO thought it may be released but more bones were discovered so they can not release it until they are finished gathering evidence. Those 5 or so people that flew down shouldn't be upset if they are offering their services for FREE. Therefore he is filing a motion using words like they said we would "work it out" well "work it out" wasn't Judge Stricklands order. The order was that when they are finished you can have the crime scene.[/QUOTE

Oh Yea, he was upset cause he realized the LE was going to give them a call as they were driving away. Leaving the area unprotected from anyone who wanted to check the area out.

Then the LE said they would 'work it out'. I was guess that it ment that they would give the defense some notice, so they could have folks there when thee LE left. To keep folks out of the are. Yet again, it seemed the defense team wasn't happy with that. Like they thought LE should stay and protect the area while they do their thing. Again, totally unheard of!

But, don't y'know, XXXXX is special. 'His girl' is special. Caylee, the girl that 'his girl' lost? Apparently, not so much for Jose. Jose, they are still digging up Caylee. Can't you at least give it a rest until they are done?!

 

[zoey]

<<I just don't understand why all these fame whoring people are scrambling>>

You just figured it out for yourself. They're fame *advertiser censored*. I have totally lost respect for Henry Lee and Baden over the years. After the OJ double murder fiasco, I can barely even listen to those two anymore. I always thought "doctors" were supposed to be moral have ethics. Apparently not these guys. They'll say and do anything to get their mug on television and make a couple bucks.

still seems like jb likes LE to do the legwork...I personally think her should perhaps take the time to find the imaginary nanny----he may need her if they don't cop a plea.....:twocents::bang:

 

[MD MOMMY]

There is no positive ID on the body, is it ethical for anything to be turned over to to the defense team when we don't know for SURE that it IS Caylee yet? Until a positive ID the defense IMO will be granted NADA, NOTHING.

Of course I know in my heart it is Caylee but just saying...

 

[nursebeeme]

ASSTOUNDING (two ss are mine)! Just LOVED how Jose, in his motion to compel, literally whined in his legal document about how LE keeps saying 'one more day' to be done with the crime scene and that poor whaaa whaaa defense team had to fly their experts in and out and then LE was still dragging their feet! What a complete and utter idiot. Is this guy really a lawyer? I may have one foot on the ban box saying this but I tell you.... the man really thinks that LE is sifting dirt to rouine the crime scene for the defense team and to drag their feet in handing it over.

really.

pllleeeaasssseee....

This is going be a loooooooong trial folks.......

 

[MagicRose99]

LOL I so agree. It seems that with the Zanny the nanny defense leaves him with little else to attack other than LE and the FBI and the scheme team is also known for this! I think JB is positively freaking out about now.

IMO I also think it is another reason that they haven't come out and said that this is Caylee so that they can have as much time as they would like to further pull the case together wrapping up all loose ends neat and tidy! I believe they already know that it is Caylee.

They DO know it's Caylee... but, they are going to do this "by the book" by crossing their T's and dotting their I's. They are not going to let the defense say they did anything wrong.

The defense is who is panicing by filing useless motions, etc. and in doing so will give KC a chance to say she had incompetent counsel and will be granted a new trial. Sad... someone needs to kick JB to the curb now...