JBaez requests Ex Parte Hearing with Judge Strickland

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Chezhire said:
So, I called the Orlando Sentinel and asked for Sarah Lundy, the author of the article I'd snipped from, and asked her how she got a copy of this motion, since it wasn't online as of yet. She said she had to physically go to the courthouse to get it, that she didn't realize it had been filed 'til she went looking. I asked her to put it on the Orlando Sentinel's website, and she said she'd try, but she said she wouldn't promise it. ;) She says it's only one page total - JBaez lists 5 points (NO LAW - no surprise there, eh???) on why he should get this hearing: "...he's in search for the truth...he's needing to subpoena things...items cannot be obtained through normal discovery through Rule 3.220, FL rule..."
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It almost sounds like JB has decided who he might want to throw under the bus, but the information obtained through the normal process of discovery isn't enough, and he wants to obtain further information that goes beyond discovery. But, I thought that's what a subpoena was for?
 
Jose: "Well you see Judge, I have a problem. I already told my client she was gonna walk free. But every single scrap of evidence I've seen makes her appear guilty as charged. Ya gotta help me, Judge! My client and I have big plans, we're moving to a bungalow on some white sandy beach, so she can work on her tan while I work on book deals and a movie of the week. We can't do that from the big house! So I'm gonna pull this piece of evidence outta my back pocket see, right at a critical moment in the trial and you you can move to accept this piece of evidence and throw the whole case out. My beloved, um excuse me; my client will walk free and we will fly outta here and I'll never ask you for anything ever again. I'll never even step foot in a courtroom again, cause as you see it's not really my forte. I never even wanted to be a lawyer, I did it for my mother. But Judge it's getting to me, having to deal with criminals day in and day out. You don't know how exhausting it is! So as I was saying, see I have this picture, taken in a park... "

Judge S: "Bailiff, please see Mr B out of my chambers!"
 
Could Jose be wanting to obtain mental health records for Casey or bring in a phychiatirist to talk with her in order to go for temp insanity defense? But if this was the case wouldn't he be required to disclose this so the SA could bring in experts of their own?
 
Paintr said:
Ok. Thank you kindly. I understand. But I assume the military comes under federal jurisdiction (so out of a local judges hands). Do adoption records or mental health records come under jurisdiction of local (state) judges or does federal jurisdiction cover these?
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:blowkiss: You're welcome.
As a general rule, adoption records and mental health records of an individual are typically maintained by whatever state or local entity or health care provider in which that individual was physically located/resided at the time same were made and, therefore, records requests would have to be made to that state/its entities/health care providers, not the federal government.
 
So, by exposing the information he is seeking to the state and/or the public, JB is saying his defense strategy will be revealed ? I know it could be a lot of things, but I am wondering if it might be Jesse's employment file while with the Orlando PD ? I know, this feels like a fishing expedition...
 
Chezhire said:
:blowkiss: You're welcome.
As a general rule, adoption records and mental health records of an individual are typically maintained by whatever state or local entity in which that individual was physically located/resided at the time same were made and, therefore, records requests would have to be made to that state/its entities, not the federal government.
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AH HA! LOL! That's where I was going in my convoluted way! Thank you kindly! You rock, Chezhire! :blowkiss:

Just think. If you lived in the correct state, JB might have 'reached out' to you for assistance. :eek:
 
Could Muzicman get a copy motion? He seems to be pretty much on top of everything else that has gone through the courts.


Thanks to all of you for sharing your expertise in these matters.
 
Or the "big secret"--------member---> don't worry, I haven't said anythang.
 
Paintr said:
AH HA! LOL! That's where I was going in my convoluted way! Thank you kindly! You rock, Chezire! :blowkiss:

Just think. If you lived in the correct state, JB might have 'reached out' to you for assistance. :eek:
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OMG :eek: Wouldn't that be something?!?!? :eek:
 
In other news in the case, Baez is asking Judge Stan Strickland for an exparte hearing. He wants to explain why he is requesting to subpoena certain records that he believes may be critical to Casey Anthony's defense, but he wants to block those records from being made public because he doesn't want to divulge what Casey Anthony's defense will be.

Strickland has not yet ruled on whether he will allow the hearing.

http://www.wesh.com/news/19054582/detail.html
 
With an ex-parte hearing (in chambers and without the public but a court reporter may be present if requested) the one requesting the ex-parte hearing must give oral notice to the other side, generally at least 24 hours or before 10:00 a.m. the day before the hearing. The exact amount of notice is in state law or local court rules. Therefore, he cannot meet without the prosecution. If he does it could result in disqualification of the Judge and Judge Strickland isn't going to allow that to happen.

There are at least two possible things he might not be able to get through the normal discovery process: (1) an order that Orange County fund the experts and testing of evidence for a private attorney defense counsel, and (2) confidential and privileged information that cannot be obtained through his own client signing a consent form -- such as mental health records of another person -- like possibly CA's counselor who told her to seek custody and throw KC out of the house.
 
Remember, if we are talking about mental health records, it doesn't matter how "relevant" the records are. The question is whether or not they are privileged -- not relevant.
 
Dear Prudence said:
Could Jose be wanting to obtain mental health records for Casey or bring in a phychiatirist to talk with her in order to go for temp insanity defense? But if this was the case wouldn't he be required to disclose this so the SA could bring in experts of their own?
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You are correct. Certain "affirmative defenses" must be disclosed to the prosecution prior to trial. Some of these include alibi and insanity defenses.
 
I'm feeling a link between the A's sudden request to visit KC privately this week and this motion from JB.
 
Themis said:
Remember, if we are talking about mental health records, it doesn't matter how "relevant" the records are. The question is whether or not they are privileged -- not relevant.
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Sure - and if that's JB's focus (which, er, we still don't know b/c he so graciously left out any particulars whatsoever re: law or entities :doh:), then you can bet Judge Strickland is not going to have an ex parte discussion with JBaez about this outside the SA's presence + on the record, in open court. Can you imagine if this is about a 3rd party's medical records? I know, total speculation, but seriously, what's JBaez thinking?!?!? :doh:
 
Themis said:
With an ex-parte hearing (in chambers and without the public but a court reporter may be present if requested) the one requesting the ex-parte hearing must give oral notice to the other side, generally at least 24 hours or before 10:00 a.m. the day before the hearing. The exact amount of notice is in state law or local court rules. Therefore, he cannot meet without the prosecution. If he does it could result in disqualification of the Judge and Judge Strickland isn't going to allow that to happen.

There are at least two possible things he might not be able to get through the normal discovery process: (1) an order that Orange County fund the experts and testing of evidence for a private attorney defense counsel, and (2) confidential and privileged information that cannot be obtained through his own client signing a consent form -- such as mental health records of another person -- like possibly CA's counselor who told her to seek custody and throw KC out of the house.
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I do not think that JB is going to present a case based on his own client's insanity. I do however think he is going to parade someone else's mental health at trial and portray KC as a helpless victim of some other person's delusions. Remember...KC is as much a victim as Caylee. :rolleyes:
 
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