JBaez requests Ex Parte Hearing with Judge Strickland

[KeysBreeze]

The Judge is being pretty lenient with JB on the motions, but he has given some direction. JB's major result here is his loss of his "stock in trade" (his professional reputation.)

Sorry, but I didn't know he had a professional reputation except in his own mind.

 

[Themis]

Ask for Chefmom! She is a fabulous cook.:blowkiss:

Ya, you betcha she is! :woohoo:Uffda!

 

[cecybeans]

The Judge is being pretty lenient with JB on the motions, but he has given some direction. JB's major result here is his loss of his "stock in trade" (his professional reputation.)

LMAO - you can't lose what you never earned! How kind everyone in FL's legal system has been to someone opportunistic enough to take a high-profile case he doesn't have the chops for - and who doesn't have the wherewithal to admit he doesn't. He and his client can certainly credit the taxpayers for footing a bill that may balloon to the size of a small Hollywood movie...

 

[frenchvixen]

Well, they better not be going after TES!

We've been through that song and dance already. God bless TM.

 

[Themis]

LMAO - you can't lose what you never earned! How kind everyone in FL's legal system has been to someone opportunistic enough to take a high-profile case he doesn't have the chops for - and who doesn't have the wherewithal to admit he doesn't. He and his client can certainly credit the taxpayers for footing a bill that may balloon to the size of a small Hollywood movie...

:applause: That's the point of it isn't it? The taxpayers are not footing the bill for JB, his experts or his discovery, or paying for any part of the defense ... at least ... not yet.

IMHO, no sole practitioner should have taken on a case like this. This kind of case takes the resources of a fairly substantial law firm. No single attorney, no matter how good, and even if he or she had hired an associate counsel and some good support staff, could have done this case as a sole practitioner. Even then, such counsel would have had to have at least a couple of decades of experience in criminal trials to even attempt such a thing in good faith. JB should never have appeared on the media a single time. He should have farmed all of that out to a media firm.

 

[Themis]

We've been through that song and dance already. God bless TM.

The trial has not yet begun, so we haven't yet started that song and dance. TES did say they searched and cleared the area where Caylee's body was found.

 

[SoSueMe]

Well, they better not be going after TES!

I wonder if they might want to go after the records on the meter reader, RK?

My first guess was CA's records with her therapist.

 

[magnolia]

I'm betting he just doesn't know how to write an enforceable/executable subpoena to an out-of-state entity, such as the Body Farm, FBI, etc., and he's hoping that the judge will tell him how to do it. :doh:

If this is the case, I am curious to know why he would seek assistance from the Judge. Why not ask for assistance from one of the other Attorneys on the case.

 

[Themis]

I wonder if they might want to go after the records on the meter reader, RK?

My first guess was CA's records with her therapist.

Meter reader is local under direct jurisdiction of the court so a local subpoena could reach those. Employment records are subject to a motion to quash (get rid of it).

So far, until Chezhire gets back with the actual motion to read, your first guess is probably a good one.

 

[Paintr]

Without that truthful "core", can you see how easy it would be for KC to be influenced by books, TV and movies into acting a role -- perhaps one of rage and even to murder?

You're only the second person who knows what "Themis" means. Thanks! :clap:

I also know. Very appropriate. :blowkiss:

 

[Paintr]

:applause: That's the point of it isn't it? The taxpayers are not footing the bill for JB, his experts or his discovery, or paying for any part of the defense ... at least ... not yet.

IMHO, no sole practitioner should have taken on a case like this. This kind of case takes the resources of a fairly substantial law firm. No single attorney, no matter how good, and even if he or she had hired an associate counsel and some good support staff, could have done this case as a sole practitioner. Even then, such counsel would have had to have at least a couple of decades of experience in criminal trials to even attempt such a thing in good faith. JB should never have appeared on the media a single time. He should have farmed all of that out to a media firm.

Thought he 'farmed' that out to T Black. LOL! And you know what you find on a farm...lots and lots of BS.

 

[Themis]

If this is the case, I am curious to know why he would seek assistance from the Judge. Why not ask for assistance from one of the other Attorneys on the case.

A subpoena is a form that can be filled out. It's not just getting advice on how to do a subpoena. I think he needs "a court order" (which is usually the response from agencies or providers holding privileged records). You can't use a subpoena to get to privileged information. Therefore, he thinks he needs something like a court-signed subpoena but really he needs a "court order" which means the one holding the records must be given notice so they can appear and object or make a motion to quash (usually a subpoena).

 

[SoSueMe]

:applause: That's the point of it isn't it? The taxpayers are not footing the bill for JB, his experts or his discovery, or paying for any part of the defense ... at least ... not yet.

If KC were to represent herself (pro se) she would then be entitled to experts with the taxpayers footing the bill, wouldn't she?

I agree about JB and his experience and resources. Some doctors make this same mistake when they are over their head.

 

[Themis]

Thought he 'farmed' that out to T Black. LOL! And you know what you find on a farm...lots and lots of BS.

He's "all hat and no cattle."
Now, MONTANA, you've got to know about that saying!

 

[Paintr]

He's "all hat and no cattle."

:laugh::laugh::laugh:

ITA!

 

[lawlady84]

What about this situation- this is just brainstorming, I don't know the legal ramifications if any-

JB plans to motion for a court order for records, but wants the records sealed. He doesn't want to explain why he wants the records sealed in front of the SA, because its work product and will give away his defense. Like how you have to give all discovery, but you don't have to explain why you think something is important. So he wants to explain to the judge his reasons (that constitute privileged work product) and the judge will say whether or not its actually privileged work product - then when JB motions, the judge can order it sealed.

JB might want to try to clear these things up before any hearing so he doesn't have to stumble about why he wants it sealed

(i had a long day, if i think about this more and realize its stupid ill come back and delete)

 

[WholeLottaRosie]

http://www.wesh.com/caseyanthony/19054582/detail.html

From the above - near the end:

In other news in the case, Baez has filed a motion asking Judge Stan Strickland for an exparte hearing.
All along, Baez has said he knows information that will help explain why Casey Anthony didn't report Caylee missing for a month -- and why Casey Anthony didn't kill her daughter.
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. Baez said he doesn't want to release to anyone else his so-called theory of defense.
"He wants somebody's records and he does not want to say who. Apparently they won't give it to him if he's tried to through other channels," criminal defense attorney Richard Hornsby said.
Hornsby said he thinks it's a smart move by Baez because "he sees something everyone else is missing, but he doesn't want to tip the state off to what he's going to raise at trial."
Strickland has not yet ruled on whether he will allow the hearing."


So, what do you all think JB could be seeing that "everyone else is missing?" Merit to this statement or not?

 

[SoSueMe]

Meter reader is local under direct jurisdiction of the court so a local subpoena could reach those. Employment records are subject to a motion to quash (get rid of it).

So far, until Chezhire gets back with the actual motion to read, your first guess is probably a good one.

Doesn't he have something on his record having to do with kidnapping a girlfriend or something? I think it was out-of-state. I may be wrong.

 

[Themis]

If KC were to represent herself (pro se) she would then be entitled to experts with the taxpayers footing the bill, wouldn't she?

I agree about JB and his experience and resources. Some doctors make this same mistake when they are over their head.

Local rules on government funding may be different in Florida, but I don't know of any way for a private defense counsel to get his experts' fees paid using taxpayer sources of funding. 'course, I never thought GM vehicle buyers would have their warranties backed up by taxpayer money either. So, I could be wrong. :crazy:

(Silly me. I thought taxpayer money was supposed to be used only for things taxpayers were obligated to fund?)

 

[cecybeans]

:applause: That's the point of it isn't it? The taxpayers are not footing the bill for JB, his experts or his discovery, or paying for any part of the defense ... at least ... not yet.

IMHO, no sole practitioner should have taken on a case like this. This kind of case takes the resources of a fairly substantial law firm. No single attorney, no matter how good, and even if he or she had hired an associate counsel and some good support staff, could have done this case as a sole practitioner. Even then, such counsel would have had to have at least a couple of decades of experience in criminal trials to even attempt such a thing in good faith. JB should never have appeared on the media a single time. He should have farmed all of that out to a media firm.

I agree he should never have taken the case given the size of his firm and his experience. He did try to farm some of it out to the infamous Todd Black (and that certainly backfired). And I've heard that he's getting students at the unaccredited law school that lists him on the faculty to help him with research, etc.

I realize the taxpayers are not directly paying for defense expenses at this point, but I can't help but think that another attorney would have found it in the best interest of his client to have encouraged a plea deal from the very beginning and all of the hyperbole, delay and gratuitous grandstanding in court that has already occurred and certainly will continue could have been avoided. Then Floridians wouldn't have to hear all about how they've had to pay for this girl to be in protective custody collecting donations for luxuries that many Americans can't even afford these days. Or that because she languished so long behind plexiglass that when the body was actually found the forensics complexities were geometrically increased. Or that valuable court time is taken up with motions that seem to base not only the burden of proof but the burden of inexperience on the prosecution. This girl deserves a good defense as much as every citizen, but I can see the reason for public outrage when she and her family and her attorneys use valuable resources asking for special and unnecessary favor.