Mitigation: Ineffective Assistance of Counsel

DNA Solves
DNA Solves
DNA Solves

Is the defense hoping for an ineffective counsel defense

  • Yes

    Votes: 59 16.1%
  • No

    Votes: 209 56.9%
  • Maybe?

    Votes: 99 27.0%

  • Total voters
    367
Hi Gitana, thanks for helping me. I only use that phrase in a joking way, biblical proportions, it reminds me of my Grandmother. You would have loved her, she was hysterical. We just need a little levity sometimes in this very sad case. I know I do.

I guess I better stick to normal language since no one knows my inside jokes. Someone nearly had me for lunch because I once said Get A Rope. It is just a little funny people here in Texas say, like get out of town, or your mamma, or get the heck out of here.

http://www.youtube.com/watch?v=vgrGyR6EYbY

It is from a commercial. It is only funny to me and if you had never heard it used this way, I guess the person worried that I was literally suggesting a little prairie justice.

LOL!!!

I honestly do not think that Jose doesn't try. I think he is just inexperienced. There is a good reason there are requirements to being death penalty qualified and reasons someone who has met them must be lead counsel. It just seems odd to me that he is only going to be there for half of the important things that go on. There are worse cases than what we have going on here, for sure. I agree with you. She will not prevail on appeal. I only believe she will try, which to be fair, is her right to do so.
Ok...perhaps a bit off-topic for this thread...but if she does appeal her sentence for "ineffective assistance of counsel", obviously she'll need a new attorney for her appeal. Does that attorney also need to be DP qualified?
 
With Cheney Mason trying to remove the Attorney General, I assume we will be seeing little or none of him. Is the process fairly easy to appoint her a death penalty attorney the state pays for? Will Jose have any say so in the matter or is it more like hello Mr. Baez, Judge Perry told me you'd be working with me on this case ( since he or she will be first chair )?
If Linda Kenney Baden was not on the case anymore she would have filed a notice with the court, right?
 
Originally Posted by sleutherontheside View Post
TWA.....do you consider RH giving sooooooooooo many interviews about the case.....about KC......his personal thoughts.....sharing his wife's theory about what happened..........his blog..........

an issue?

IMO...if JB were to leave.....or CM were to leave.......would a fresh start with an attorney with no prior public comments regarding the case not be a better choice?

Yes, my good buddy, but I do not know of one. They have basically all opined that it is a freak show. Hornsby, if I am understanding all of his quotes correctly, would not join this team for anything, especially if Jose were to remain. At one time , he said on here , Jose is a moron, that is both my personal and professional opinion. ( mods...those are his words, not mine )

View attachment 10070 I compiled many of Mr. Hornsby's quotes from this case, from his q and a thread.

Here is one "Call any Criminal Lawyer in Orlando and pretend you are looking for a lawyer, mention my name. 75% will tell you I am an A$$; zero percent will tell you I am dishonest or I don't know what I am saying."

Here is another "
Question, why do you think Baez did not seek a plea deal?
RH:” Ego.”

9-27-09
On will there be a COV
RH: “I have reviewed most of the discovery.


I believe that they they will pick a jury in another county and then try the case here in Orange County and sequester the jury during the trial.

The reason being is that there are over 275 listed witnesses for the state, all the physical evidence is here, etc.

So from a financial standpoint, what would be cheaper? Put 12 people up in a hotel for two months; or put hundreds of people up in a hotel in some other county for two months.

You can't.”

"Jose Baez is a moron, that is both my professional and personal opinion."
- Richard Hornsby

[ame="http://www.websleuths.com/forums/showthread.php?p=4559058"]Rhornsby Legal Q&A #3 Relevant to the Anthony Case - Page 5 - Websleuths Crime Sleuthing Community[/ame]


http://blog.richardhornsby.com/
Richard Hornsby says:
December 30, 2009 at 12:26 pm
"I do think she will plead at the last minute, a trial would be suicide and only make things worse.
I need a break, maybe in a week or so."

http://blog.richardhornsby.com/2009...-please-stand-up/comment-page-3/#comment-2094
Richard Hornsby says:
December 23, 2009 at 9:25 pm
"I also think Baez is scum of the earth (more on that in a few days) but he is"


RH's advice to JB, dated July 31, 2008
HornsbyemailtoBaezJuly3120081a.jpg
 
If Mr. Baez does the depositions on a wing and a prayer, rather that find out if the deponent has made any sworn statements in the case so far....is that ineffective? Would he have had other questions if he had just read the supplemental report?
. It concerns me that Cheney and Jose say things that are not at all correct, that do not even come close to the facts that are already released by the state in discovery. What in the world?
The defense knew in January of 2009, a year and a half ago about the LE interviewing Debbie P. It is in the supplemental report.This is not even funny anymore. Perhaps he can get Cindy to be a paralegal and do her homework and pull things from the discovery like she did in her civil deposition. Remember that when she was quoting from page eight , line nine of the narrative?
http://www.wftv.com/news/18530380/detail.html
I am shocked that he gets by with making these claims. Why don't we just call it what it is? IMO he lied to the judge, or he did not prepare for the depo, either would be unacceptable, imo. . If he would have read the detectives supplemental report, even if he had not ever seen a copy of the actual transcript, he had every right to request it from the state. I trust it would have been over the fax and on his desk within the hour. What the heck does he do to prepare for the depositions, nothing? Scroll to the bottom of the document and look at Yuri's signature and the date, December 2008, then we, the public had it in January, 2009!!! This is outrageous!!!!
Much preparation goes on before one sits down to depose someone and checking to see what statements they are on record saying to LE would be number one on the list, right? This is just lunacy.

This is just as bad as claiming that Joe Jordan's name was held back from the defense by TES or LE , when Joe Jordan's name was right there, at the top of the page ,mind you, in the documents of the 32 relevant searchers that Mark had hand- delivered to Jose!!!! He wastes the court's time and he wastes the county's money by not knowing what he is doing, or in the words of Mr. Nejame, "Sloppiness or laziness".

What I am asking is, since his allegations in his motions are baseless and get proven wrong in very short order, the rest of his argument falls on deaf ears and , imo, it affects the judge's rulings for his client, is that ineffective?
Problem with no LE statemtent- could be solved by one quick phone call to the prosecutor's office
Problem with the name of Mr. Jordan being cut off - could be solved by one phone call to Mark's office

So rather than two short phone calls, he files frivolous motions in very bad faith and calls for all out hearings on them. I don't get him at all. He is wasting his time too.

I wish Richard Hornsby would replace him. He knows what he is doing.[/QUOTE]


BIG problem here though....

Richard Hornsby stated on this very forum that in order to accept an offer to join the defense team (like that's gonna happen), they would have to SHOW HIM THE MONEY!

Problem is......MONEY IS GONE! ALL GO BYE BYE! :banghead:


I'm sorry but I gotta tell ya, I dont believe a word outta that mans mouth either.
 
You are so right. We saw this happen with the DC sniper case. I believe at least two attorneys quit on him, he decided to represent himself and was found guilty. In the penalty phase he tried the abusive childhood routine, lost that, and was sentenced to death. Claimed he didn't want to appeal, then he did. Lost that too. Finally, on a calm and cold evening last year, seven years after he murdered at least 13 people in the DC metro area and many more across the country he got his way, and a lethal ejection may have ended a final and painful saga for his victims.

Thanks for the update on this - I lived there then and it was scary. At the same time we were afraid to open our mail due to Anthrax. O/T I know but I hadn't realized this story had a definite ending. Carrying out the DP was fast, wasn't it?
 
Thanks for the update on this - I lived there then and it was scary. At the same time we were afraid to open our mail due to Anthrax. O/T I know but I hadn't realized this story had a definite ending. Carrying out the DP was fast, wasn't it?
Virginia is second I believe to Texas where it doesn't go on for years and years in appeals. No sunshine law, so evidence is presented as seen in court. Judges are like HJP, no nonsense and games being tried by the defense.

Yes, it is over for JMA. LM will serve LWOP.
 
Crazy question, but does anyone know or remember when we last heard from LKB? Has she been present either in person, or through the magic of the talking box, at any hearing in recent or not so recent memory? Has she even encountered HHJP?

It just strikes me as strange that she did not have any presense at that emergency hearing last week. I mean it was on a subject that was her area of expertise, and was based in at least part (badly albeit) on some of her prior case work. So where was she?

Has anybody seen the job title of LKB in print? It was something like 'forensic examiner' or 'evidence gatherer'. In other words, I'm picturing her at a desk behind a computer gathering info/facts, specific ones, that would directly influence the case for the Defense.

Am I way off?
 
She hired Baez within 14 hours of her arrest??
I thought NeJames took her Pro-Bono but then quit on her because she wouldn't drop the Zanny story??
 
She hired Baez within 14 hours of her arrest??
I thought NeJames took her Pro-Bono but then quit on her because she wouldn't drop the Zanny story??

Was it ever cleared up when exactly JB was hired by KC? I thought he said in court that he had been hired in June of 2008 (not July). People speculated that he had misspoke but he didn't flinch nor did anyone else. :waitasec:
 
She hired Baez within 14 hours of her arrest??
I thought NeJames took her Pro-Bono but then quit on her because she wouldn't drop the Zanny story??

Nejame never represented KC, he represented GA and CA. Supporting or working in KC's interests instead of his actual clients is what caused him to quit. He wanted nothing to do with KC and her lies and was only seeking to protect the parents.
 
Crazy question, but does anyone know or remember when we last heard from LKB? Has she been present either in person, or through the magic of the talking box, at any hearing in recent or not so recent memory? Has she even encountered HHJP?

It just strikes me as strange that she did not have any presense at that emergency hearing last week. I mean it was on a subject that was her area of expertise, and was based in at least part (badly albeit) on some of her prior case work. So where was she?

LKB presence at Hearings (either in person, or on phone):
- March 18, 2010 - Indigency Hearing - LKB in person - just kept grinning like a jackass
- April 5, 2010 - TES records Hearing - NO LKB
[ April 17, 2010 - Judge S. stepped down]
- April 30, 2010 - new Judge P - NO LKB
- May 6, 2010 - JAC Budget Hearing - LKB on phone to correct JB on what they need an expert
in trace evidence - post mortem hair banding - said Dr. Lee can't do it
- May 10, 2010 - Motions Hearing - NO LKB
- May 11, 2010 - DP Motions Hearing - NO LKB
- June 1, 2010 - NO LKB
- June 2, 2010 - Status Hearing - NO LKB [only Mason]
- July 2, 2010 - Emergency Hearing on experts viewing evidence - NO LKB in person or on phone
 
Looks like LKB has recently been busy with this case:

"Broadus was put on paid leave -- at a salary of about $230,000 -- in October 2009, following a firestorm of attention. Six players had been dismissed from the team -- one charged with selling cocaine, the athletics director had resigned and SUNY had announced there would be an investigation of the athletics department. SUNY has said Broadus was suspended because interim athletics director Jim Norris was not confident he would be an effective coach during a time of such intense scrutiny.

In March, Broadus filed a complaint with the state Division of Human Rights and the Equal Employment Opportunity Commission, accusing the university, Norris, SUNY and Zimpher of racial discrimination. The complaint is still pending."

http://www.pressconnects.com/articl...374/1112/NAACP-asks-SUNY-to-reinstate-Broadus

Lots of activity about representing this case on her twitter account ~ Not so much on the Casey Anthony case. (I don't think I can put the twitter link here, can I?)
 
The question has been raised here, as to which of the Defense team will conduct the Defense depositions of the Oak Ridge Lab personnel in Tennessee on July 13th and July 14th -- the same two days which Baez has scheduled all of the out-of-state experts to be flown in to inspect the evidence.

I would imagine that Defense team LKBaden would do the Oak Ridge depos in Tennessee, and the Prosecutors will want to be present for those depositions.

My question is .... why doesn't the State ask the Defense to RE-schedule the depositions in Tennessee?
And if the Defense refuses to do that, then the State file a Motion asking the Judge to make a ruling on rescheduling the depositions in Tennessee?

July 13, 2010 - Defense depositions in Tennessee - Oak Ridge Lab
State will be present also
Dr. Michael Burnett - 8:00am
Dr. Madhavi Martin - 10:00am
Dr. Mark Wise - 1:00
Dr. David Glasgow - 3:00pm
2 hours have been reserved for each deposition

July 14, 2010 - Defense depositions in Tennessee - Oak Ridge Lab
State will be present also
Dr. Arpad Vass - 8:00am
8 hours reserved for depo

July 13 - July 14 - Defense, State, Sherriff's Office will be present
Defense wants experts to view OCSO records/evidence

I know it's OT, but, Holy Moly EIGHT HOURS with ONE GUY, yet two hours for four people the day before? I feel so sorry for Dr. Vass...
 
I have been wondering about LKB and if she was still working with the team or not. Don't know if I should read into her not being a visible presence in this case or not, but it does beg the question if both she and CM are going to remain working with JB or will each one gracefully exit stage left, citing whatever acceptable excuse they can use.
What happens then?:waitasec:
 
I have been wondering about LKB and if she was still working with the team or not. Don't know if I should read into her not being a visible presence in this case or not, but it does beg the question if both she and CM are going to remain working with JB or will each one gracefully exit stage left, citing whatever acceptable excuse they can use.
What happens then?:waitasec:


I'm guessing she would be able to recruit all the "pro bono" attorney's she could find. But, if the defense wants that attorney to be paid by JAC...I'll bet Judge Perry appoints a Death Penalty Qualified Public Defender. (might as well get someone who is already on the states payroll...and local)

It would be a rapid replacement and minimal trial delay(if any). Otherwise, JB in his infinite wisdom would use the opportunity of seeking additional council to delay as long as possible. JMHO
 
I'm guessing she would be able to recruit all the "pro bono" attorney's she could find. But, if the defense wants that attorney to be paid by JAC...I'll bet Judge Perry appoints a Death Penalty Qualified Public Defender. (might as well get someone who is already on the states payroll...and local)

It would be a rapid replacement and minimal trial delay(if any). Otherwise, JB in his infinite wisdom would use the opportunity of seeking additional council to delay as long as possible. JMHO

Thanks for your input. My thought was about the same. I read somewhere that a Miami based attorney (Michelle M?) was listed on some documents pertaining to this case. Anyone know anything about her? Is she DP qualified?
TIA
 
I really wonder I believe they maybe personally. Is it even plausible? or Would they risk being disbarred?
 
No...they just can't help it. They have an impossible case, the world's most unsympathetic client, and no feasible defense, not to mention less than stellar lawyering skills...so this is what is it.
 
I don't see them caring that much for Casey. As RH said, JB does not know what he's doing and Mason is out in left field somewhere.
 

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