JBaez requests Ex Parte Hearing with Judge Strickland

[Themis]

Oh no, Themis, not you, too! :floorlaugh: CA said that. NG said that. Her counterparts have said that. BC and JB may have said that. BUT Tim Miller did not say that. He said, instead, that the site was under so much water that TES sank an ATV there, and he then called off the search for fear of damaging remains they couldn't see under the water.

Sorry. You're right. I remember now.
Senior moment! :grandma:

 

[Themis]

Bolded by me: I so want join you in expressing my similiar misconception, but my post would probably get me not only expelled from WS, but expunged, as well! LOL

Gotcha! :silenced::saythat:

 

[Themis]

He filed his pro hac vice on March 12, but I really haven't heard what happened with his disciplinary hearings in California, so not sure where is stands now.

He might be done with his California Bar review in time to represent KC at a parole hearing.

 

[Themis]

Oh, my....maybe agree to disagree??

Nah. You have to remember who is speaking. This "ropes" thing coming from Hooah isn't harsh language. It's coming from a lawyer living among Marines to another lawyer. Lawyers talk like that. Tough talk among the US Marine culture is affectionate. Just have to do some translating. It was like an invitation to discuss. Hooah Wife and Chez like each other.

 

[Themis]

Oh no, not at all Themis. I'm in the medical field but I do have a great interest in the law and all things related. My hat is off to all of you here. If not for my fear of speaking in public, I would have loved to be a trial lawyer.

That's close enough to be of the same species.

 

[trixi491]

Great point! This may be a part of the Defense strategy, if all else fails and KC is convicted, ensure the door is wide open and obvious on ineffective counsel to enable an appeal and a repeat.

The sequel to the first KC movie?

Wouldn't that mean putting their reputation and credibility on the line? Would they really do that and risk future clients just so KC can get an appeal down the road?

 

[nssherlock]

You have a very good point, Wisteria. :clap:
Lawyers are not allowed to mislead the court. If JB knows she did it he can still give KC a lawful and competent defense; challenge the prosecution's case by challenging the testimony of the witnesses and the experts. Then, if the State cannot prove their case, the jury is supposed to find the defendant not guilty on that charge and if not guilty on all charges, then not guilty of the case. What he cannot do is concoct a story of a defense out of thin air, propose it as an alternative that supports "doubt" and then try to support it with "evidence" that could be but is not supportive of a defense "theory." IF something else happened, he is entitled to prove the something else.

But then isn't he now locked into the defense his client offered up already? That is ZG kidnapped the baby.

 

[CarolinaMoon]

Could you say that again about 1,000 times! Holding back a witness with crucial information as a "rebuttal" witness so you can have an element of surprise is extremely risky. Much more prudent to have a name on a long witness list and give notice to the other side. Courts view "trial by ambush" attempts very darkly.
That lawyer might as well get a stack of business cards from his malpractice carrier and leave them on the counsel table in front of his client.

Would that be because the State could chose not to rebut when the defense rests?

 

[Gypsy Road]

Wouldn't that mean putting their reputation and credibility on the line? Would they really do that and risk future clients just so KC can get an appeal down the road?

The sad thing is...is that it doesn't appear that some attorney's care about their own credibility. For some, it seems to be all about attaching their name to high profile cases - whether or not they get bad publicity or not. They don't care. Some people will do anything for fame. Look at the Baden's for example - LKB and her husband. MB drastically changed his opinion on the evidence once his wife joined KC's defense team. His opinion changed over night! He became PRO Defense in a matter of 24 hours or so after weeks of being pro-pros.

 

[cyberborg]

Wouldn't that mean putting their reputation and credibility on the line? Would they really do that and risk future clients just so KC can get an appeal down the road?

It hasn't hurt other 'high profile' attorney's who did miserably. You win some, you lose some. It gets your name on the news. You get to write a book about the case. You get to be a talking head. You reach for the stars of legal beagle celebrity with an opinion rather than work hard and work your way up as an Attorney.

These types, like experts will sell to the highest bidder and take that position.

JB sees this (KC) as a short-cut to fame and fortune --- he'll either be a prominent attorney either way or, be a talking head on GR's show.

How many of today's talking heads made their name on OJ, SP, Jonbenet, or others?

 

[LancelotLink]

It hasn't hurt other 'high profile' attorney's who did miserably. You win some, you lose some. It gets your name on the news. You get to write a book about the case. You get to be a talking head. You reach for the stars of legal beagle celebrity with an opinion rather than work hard and work your way up as an Attorney.

These types, like experts will sell to the highest bidder and take that position.

JB sees this (KC) as a short-cut to fame and fortune --- he'll either be a prominent attorney either way or, be a talking head on GR's show.

How many of today's talking heads made their name on OJ, SP, Jonbenet, or others?

JB reminds me of Mark Geragos.

 

[LancelotLink]

But then isn't he now locked into the defense his client offered up already? That is ZG kidnapped the baby.

Yes! They, IMO, are roped in. Where does this leave them? Insanity? Multi-personality? They have statements that could back up a multi-personality, but I don't think it will fly.
JG saying he doesn't know this person sitting in jail. LE stating something changed when she turned 22. Her sudden dumping of one group of friends and succubussing (new word) onto another group...

 

[Dear Prudence]

But then isn't he now locked into the defense his client offered up already? That is ZG kidnapped the baby.

The only defense I think Jose has is to discredit all of the state's evidence. Challenge all physical evidence like the Body Farm's analysis, FBI lab results on the hair. Challenge all law enforcements credentials, including detectives, state attorneys and jail personnel. Remember he is deposing jail employees this week and he and KC have already tried to implicate the SA with wrongdoings. I don't think he has a chance of this defense working and I don't think he will come up with anything else that will surprise us all.

 

[amethyst221]

But then isn't he now locked into the defense his client offered up already? That is ZG kidnapped the baby.

He isn't locked into it as a matter of law or anything, as in, once you say one thing, you can't change it. But practically, yes, he is, unless he wants to reinforce the belief that his client is wholly lacking in credibility. He could try to embellish her statement to LE, or expand it or have it mutate a little (like Sawgrass becomes the park), but just to ditch it altogether and say she lied would be a devastating thing. UNLESS, of course, the aha! thing we don't yet know and which JB will reveal at trial to stun and persuade us all first justifies and explains why she told this false story and then launches into the new story. I get a headache even trying to think like JB!

 

[LancelotLink]

The only defense I think Jose has is to discredit all of the state's evidence. Challenge all physical evidence like the Body Farm's analysis, FBI lab results on the hair. Challenge all law enforcements credentials, including detectives, state attorneys and jail personnel. Remember he is deposing jail employees this week and he and KC have already tried to implicate the SA with wrongdoings. I don't think he has a chance of this defense working and I don't think he will come up with anything else that will surprise us all.

ITA! Though I do hope he will try.

 

[amethyst221]

And I forgot to say, I don't see anyway to even present the Zanny kidnap defense without Casey A testifying, which would be a mistake . . . HUGE mistake. Nobody else has any firsthand knowledge of her existence or anything about her.

 

[Dear Prudence]

And I forgot to say, I don't see anyway to even present the Zanny kidnap defense without Casey A testifying, which would be a mistake . . . HUGE mistake. Nobody else has any firsthand knowledge of her existence or anything about her.

ITA - I just can not figure out what possible defense Jose & KC can come up with that will work besides trying to get evidence or testimony thrown out.

 

[LancelotLink]

So, how will this play out? With prosecution hammering home the ZFG story?

 

[Paintr]

Go ahead and bet. I'll "stake" you.

:twocents::twocents::twocents::twocents::twocents::twocents::twocents:

Great! I go to work and come home to such a generous offer. :blowkiss:

Ok...lets see. LBJ survived the madness that was the P Spector trial so we know she has nerves of steel. We have see her aggressiveness in court hearings so we know she is not afraid to be the center of attention and is not a slave to public opinion. She seems to have more than her share of self confidence.

I bet she'll stick it out to the bitter end and go out kicking and screaming. It'll take more than JB to drive LBK away. She won't quit.

Remember, if I lose this bet you all collect from Themis.

 

[Dear Prudence]

Yes, prosecution will go with ZFG story, which is Casey's sworn statement that can not be corroborated by anyone in any way. Then add to that the 31 days without reporting, death smell in car, hair in trunk, party pictures, the first call home from jail. Her case is hopeless.