Emergency Hearing 12/16/08 UPDATE: Motions Denied

[yolorado]

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.

You are right, but for LE, there's knowing, then there is knowing. They need to know for sure with this case especially, with so much exposure. It will have to be definitive, clear- with a DNA match. And you're right, it gives them some extra time and space, which they are taking.

 

[Anais]

A waste, a huge waste. Someone get JB a sedative!

LOL!

 

[Mendara]

I guarantee his defense of Casey will be that someone other than Casey killed Caylee and then dumped the body near her home. All of these motions that are being denied will play into his claim and the A's will be all over that story. They will all reveal that they were all following the script and will now speak the truth about who framed their daughter.

The circus will be bigger than everyone thinks.

 

[Kimster]

Huge waste of tax payers money again.

I think Baez will once again get a "spanking" from the judge.


IMO

When the judge says NO once, do they have to accept an emergency motion? I don't understand why this is even allowed on the table again.

 

[nursebeeme]

I will be interested to see how Judge S. handles this. He has been pretty calm considering. With some of the wording in those motions I would hope to see him drill it home to Jose today.

Judge S. has been so calm and patient thru out all the crazy Baez filings. I would love to be a fly on the wall in his bedroom at night!

 

[nursebeeme]

What time is it there in Florida? Anyone?

 

[DianeB]

What about the motion to have the state appoint a 'forensic expert' in the case?

Isn't that what the Medical Examiner is?

 

[shoremom]

Emergency Motion to Preserve Forensic Evidence and Appoint Forensic Expert for the Court - December 16, 2008

Page Two

"9. Additionally, the Court needs to order the Medical Examiner to instruct the FBI to not..."

Seriously? They filed a motion telling the Court what it "needs to do"?!

 

[Insomnia Momma]

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

Do you have a link to that, I haven't seen that yet!

Thanks :blowkiss:

 

[Linda7NJ]

"contaminate the crime scene! ha! It is what it is. They can try to blow smoke and dazzle the jury with mirrors all they want. There is Zero REASONABLE DOUBT in this case...ZERO!

 

[CaptLogic]

EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!!

Baez hasn't been on TV enough or is not generating enough publicity, we must hold another EMERGENCY hearing where the judge will deny his motions!!!!!

 

[magnolia]

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

I don't quite understand the point of this statement via the A's attorney.

At this point, what other choice do they have?:waitasec:

 

[SCSam]

"The hearing was scheduled for Tuesday afternoon after Anthony's defense team filed several new motions, calling for the prosecution to turn over photographs, video recordings and drawings taken at the scene where the remains of a small child were discovered Thursday."

and

"The defense has also asked for a second autopsy on the skull found among the remains."

because

"Baez said he wants his own experts to examine the remains, and fears the FBI could destroy that evidence after the remains are identified."

when:

"The hearings are scheduled to be heard in front of Judge Stan Strickland at 2 p.m. Tuesday. Watch the hearing LIVE on News 13."

http://www.cfnews13.com/News/Local/2008/12/16/is_it_caylee.html

Sorry, JB. My bold. Wonder if there is some indication that has been shared of damage to the skull, beyond what make be neck damage??

 

[sarah7855]

What time is it there in Florida? Anyone?

12:47pm

 

[ishouldbworking]

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...

this leaves me scratching my head...HOW is this even something the judge is willing to entertain AGAIN...when there has been no positive id...other than what america already knows in their hearts...?!?!????

:waitasec:

how much further is he going to go - he's basically publicly stating that his client is GUILTY...

MOO

 

[sarah7855]

Sorry, JB. My bold. Wonder if there is some indication that has been shared of damage to the skull, beyond what make be neck damage??

Bolded by me.
I'm wondering the same thing, especially with the rumors of tools and drywall being removed from the home. Makes me think of blood spatter and blunt force trauma.

 

[mysteriew]

Everyone thinks that LE is playing games by not giving an official "preliminary" identification in this case. They are NOT. This case is unusual in that the murder charges are already filed and the defense and their team of experts are already in motion. While the defense has a reasonable right to access to any evidence or remains relating to their case, LE has a huge legal obligation that they are allowed access to ONLY remains and evidence related to that specific case. In other words LE knows it is probably Caylee, but until the full forensics come back, and the county coroner has issued a formal positive ID, they cannot grant the "SCHEME TEAM" access to any remains. Simply because doing so opens up the very real posibility of allowing Dr. Lee access or observation to somebody elses childs remains. And doing so opens LE to an extreme level of legal liability. So the prudent move on everyones part is to wait until the formal ID is made before allowing any outside parties access.

It has happened in the past that LE has found remains they were searching for. They have thought from findings at the scene that they were the remains they were searching for. They have notified family of the findings. And later the DNA showed that the remains were not who it was thought.

It as a big scandal on the LE, extremely traumatic to the family. So now, even though they fully believe they have the remains of Caylee, there is that fraction of doubt that they must satisfy before they can wholeheartedly admit that these are Caylee's remains.

The DNA will be expedited and normally takes about a week.

Until then, I would hope the court would say "JB, if you are willing to say that you have talked to your client, and that your client has told you that she knows these are Caylee's remains, and that you are willing to stipulate to the court that your client has knowlege of these remains being Caylee, that you stipulate that your client has knowlege of the circumstances that led to Caylee's remains being found in this place" then the court will agree to give you certain amount of the known evidence on this crime scene.

 

[Where's Andre]

EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!! EMERGENCY!!!

Baez hasn't been on TV enough or is not generating enough publicity, we must hold another EMERGENCY hearing where the judge will deny his motions!!!!!

Next he'll be calling the fire department because his defense is going down in flames.

 

[magnolia]

Emergency Motion to Preserve Forensic Evidence and Appoint Forensic Expert for the Court - December 16, 2008

Page Two

"9. Additionally, the Court needs to order the Medical Examiner to instruct the FBI to not..."

Seriously? They filed a motion telling the Court what it "needs to do"?!

Isn't it a bit unusal for an Attorney to focus so obsessively on one case? Most Attorney's would be taking care of other business in their office while waiting....instead of pacing back and forth in front of a crime scene breathing down LE and the FBI's neck.

 

[MiraclesHappen]

Article says they'll be streaming the motion live.


Apologize if repeat:blowkiss:


http://www.local6.com/news/18288360/detail.html