Legal Questions for Our VERIFIED Lawyers #1

[AZlawyer]

If KC did decide to ditch Baez, how would that happen? Who would she notify, how would she signal this desire (letter to JS?), would there be a hearing before JS or would we just hear about it on the news one morning, etc--I guess I am wondering what that chain of events would look like from "the outside" IYKWIM.

From the outside, it would probably look like a motion to withdraw as counsel with consent of client filed by JB.

 

[AZlawyer]

On Steph Watt's blog-radio show on Sunday night, Richard Hornsby said Casey has up until trial to confess, plead no contest, or any such dramatics. Also it was mentioned that it would be a huge turn of events if just before trial, or even during trial, Casey said Caylee died as the result of an accident, and she panicked (wrapping her in duct tape, stuffing her in garbage bags, dumping her in the woods!). Then if she gave a plausible explanation that coincided with the discovery the prosecution holds, they could accept that "confession" and it would be a grand show for Baez. There could be minor sentencing but no death penalty. (totally paraphrasing)

Baez has said from the early days of the case (although I haven't heard him say it lately) that Casey is innocent and he has proof, but we'll have to wait until trial to find out.

So my questions are:

Wouldn't that be a bad thing for an attorney to do, allow his client to wallow in jail for two and a half years before showing the proof of her innocence? Could he get into trouble for that? Go before an ethics committee? Be disbarred? Who would let their client rot in jail for that long, holding proof of her innocence just so he could be "hero" with a big dramatic ending (like Perry Mason) while costing everyone involved a great deal of money?

Even if Casey confessed before trial, or claimed it was an accident at trial or whenever, how would that make Baez appear competent? How would that make him hero of the day?

If he allowed this woman to sit in jail all this time while HE withheld evidence that could free her, I certainly wouldn't hire him as my attorney. See what I mean? What are the legal ramifications? TIA

It would be unethical to withhold REAL evidence that would exonerate his (innocent) client and get her out of jail. But it would not be unethical to withhold until the end a STORY that might (because the SA would not have time to figure out the flaw in the story) end up freeing his (guilty) client.

 

[AZlawyer]

Would a change in the defense team require permission from the court? Would we be privy to any of this information under the Sunshine Laws?
TIA!

It would require permission from the Court, and we would be privy to the information because the Court filings are public.

 

[AZlawyer]

I thought that Florida was one state that does not require unanimous verdicts?
Mr Hornsby, where are you?

I think Florida does require a unanimous verdict. But it would be great to hear from RH on any questions of Florida law.

 

[logicalgirl]

From the outside, it would probably look like a motion to withdraw as counsel with consent of client filed by JB.

AZLawyer! You really got me going there - until I reread and saw the word "probably" ........sigh.

 

[LambChop]

I always thought that because the prisoner is not cuffed at the table their movements were very restricted. Why is KC always grabbing that mike? Yesterday she pulled it towards her and slammed her finger down on the button. Shouldn't her attorneys decide what should be a private conversation and what is just normal chit chat. It is equipment within the courtroom and KC has been know to show her temper in a negative way. What are the rules regarding prisoners in the courtroom?

 

[ZsaZsa]

From KC's ramblings we see that Baez delivered letters to and from her parents.
Is that permitted?

 

[sleutherontheside]

In light of KC stating in letters that Jose B was sneaking in letters from her family through his email....AND that the team offered to sneak in food.......what actions could be taken against any of those named in these letters..... Jose Garcia and Jose Baez???

Additionally....what real impact could this have in her case??

 

[chckmate22]

Ok got a question here maybe it should be posted on another thread for legal questions- but on page 32- she states "I got a letter that he wrote me yesterday and his spirits were lifted" in ref to GA- I thought she was not allowed correspondence from her parents w/o courts knowledge????? Could there be issues for JB and team???

 

[Hell's Belle]

I think Florida does require a unanimous verdict. But it would be great to hear from RH on any questions of Florida law.

Not Hornsby, but:

“As a state constitutional matter, a criminal conviction requires a unanimous verdict in Florida.” Robinson v. State, 881 So. 2d 29, 30 (Fla. 1st DCA 2004).

 

[ZsaZsa]

What about Baez smuggling contraband? Letters, Sudoku games? What should/will likely be done about that?

 

[AZlawyer]

The letter-passing by Jose was definitely a no-no, and he could definitely get in trouble for it. When I saw this information in Casey's letters to Robyn, I wondered why Jose thought there was "nothing damaging" in those (Casey-Robyn) letters. :waitasec:

Also, IIRC at least some members of the A family, and possibly all of them, lied under oath regarding this matter. Most likely, there will be no perjury/obstruction charges against them, but I bet there's someone on the State's side keeping a list of their lies, etc., just in case...

I hope the SA can get their hands on those letters.

 

[marspiter]

The letter-passing by Jose was definitely a no-no, and he could definitely get in trouble for it. When I saw this information in Casey's letters to Robyn, I wondered why Jose thought there was "nothing damaging" in those (Casey-Robyn) letters. :waitasec:

Also, IIRC at least some members of the A family, and possibly all of them, lied under oath regarding this matter. Most likely, there will be no perjury/obstruction charges against them, but I bet there's someone on the State's side keeping a list of their lies, etc., just in case...

I hope the SA can get their hands on those letters.

*bold by me*

Which leads me to the question can the SA get a subpoena for those letters, or LE maybe issue a warrant for them?

 

[AZlawyer]

*bold by me*

Which leads me to the question can the SA get a subpoena for those letters, or LE maybe issue a warrant for them?

Oh yes. But they might have been "flushed" by now. :innocent:

 

[RubyB]

I just gotta say this.

So on Thurs 3/18 @ the the indigency (sp?) hearing, all of a sudden CM shows up out of nowhere and signs on. I'm thinking, what's this about? Unreal, he's acting like he's now in charge. Then they take their TO to huddle and Jean Cesares from IS say's that the previously sealed discovery is these jail letters and now they've been unsealed and JB has had them since Tues 3/16.

It hit me right then that JB had read the letters and realized that KC had said something in them that would jeopardize his standing as lead council, and approached CM to jump aboard. Now that I've seen the letters I can see that there could very well be an issue with JB's unethical behavior.

Are we waiting for the other shoe to drop here?
Or maybe he's ready to bow out because he just can't get her to keep her trap shut?

 

[ZsaZsa]

The letter-passing by Jose was definitely a no-no, and he could definitely get in trouble for it. When I saw this information in Casey's letters to Robyn, I wondered why Jose thought there was "nothing damaging" in those (Casey-Robyn) letters. :waitasec:

Also, IIRC at least some members of the A family, and possibly all of them, lied under oath regarding this matter. Most likely, there will be no perjury/obstruction charges against them, but I bet there's someone on the State's side keeping a list of their lies, etc., just in case...

I hope the SA can get their hands on those letters.

Thankyou. From which direction will the trouble come? Jail officials or Florida Bar?

 

[logicalgirl]

Here's my question after reading Mr. Hornsby's TV blurb.

Richard says he believes the information Casey gave about being abused by her brother and father is a HUGE BOMBSHELL and may save her life.

First let me say this before I ask my question.

Richard, Richard, Richard! Tsk, tsk.(Shakes head)

:banghead::banghead::banghead:
:croc::croc::croc:

Okay, here's my question. Do you really believe the jury would be such suckers as to believe this transparent drivel? I am so fed up with pulling the sexually abused defense out of the hat at the last minute.

(Let me acknowledge I truly believe real victims are traumatized by actual abuse, but am sickened when it is a last minute (victim)defense in a criminal defense as an obvious ploy for sympathy) Salacious - yes. Reality? Phttttewy.

 

[mom2chloe]

Oh yes. But they might have been "flushed" by now. :innocent:

AZLawyer, please tell me that if the letters were on JB's computer that computer forensics will tell the tale, pretty please!

 

[passionflower]

Jose always brought in his laptop for 'records'
now if KC was using it and receiving emails etc,
can the courts take that computer from Baez?

Why would Baez even think of pulling fast ones with his client for fear of disbarment???

 

[marspiter]

Oh yes. But they might have been "flushed" by now. :innocent:

LOL that's true. Next question would be then. If it was proven that the letters or info being passed through JB did exist and were destroyed what kind of trouble could JB be in for the destruction of relevant case evidence?