Motion for Protective Order (the Photobucket Photos)

[Chilly Willy]

Baez wants to depose and question LE at jail to find where this game started. His client's constitutional rights to have her attorney there were affected, her right to medical privacy was affected. Baez has not seen the video. Does not know if the state intends to use it. He wants to investigate these things and then have a hearing.

 

[irishbosoxfan]

Baez wants to know when this "game" started and when her rights to see counsel were affected and her medical privacy right

Baez hasn't seen video--doesn't know if they(DA) intends to use it--says it's a medical privacy issue-wants to see the tape--numerous issues surround the tape

 

[Chilly Willy]

State: Similar argument to what we've already heard.

Assistant County atty: We had an inmate who had received bad news. As usual, we took her to the medical unit. The inmate was asked to wait, as with most common areas the area was filmed. It was routine.

 

[irishbosoxfan]

Wants to see if the tape affects her right to a fair trial

DA=Baez doesn't have it but Prosecuters office does have it----

Someone==inmate has to wait for medical treatment in public area--

 

[irishbosoxfan]

Guy-we have a duty to make sure our inmates have medical on standby when receiving bad news

DA--this isn't covered under mediacl privacy issues

Baez not entitled to it until after it's been released under discovery

 

[Chilly Willy]

State - video is not protected under Hippa. State is not yet entitled to access.

Objects to characterization of State being involved in some conspiracy.

 

[Chilly Willy]

Judge - I have no problem with staying the release of the video. Having said that, Baez ought to at least have the opportunity to look at video so he can make a reasonable argument. Judgment: Staying release.

 

[Chilly Willy]

State says they offered a copy to Baez but he didn't want it at that time because it would then become a matter of public record.

Judge - state had 15 days to turn over video, they are beyond that. Baez wants 20 days to file motion after viewing video.

State - 20 days is excessive.

Judge - 10 days seems sufficient

Baez - state is usually given 20 days.

 

[irishbosoxfan]

Baez wants time to view the video--Judge gives him 20 days after viewing to voice objections to it being released to public--DA says that's excessive

 

[irishbosoxfan]

DA= Baez wants the 20 days for investigation not objections

 

[irishbosoxfan]

Judge gives 15 days

Baez will have it by Wednesday

 

[Chilly Willy]

Okay - Baez will go view video this week, then gets 15 days to file motion for protection order.

 

[irishbosoxfan]

Judge will take first motion under advisment

 

[Chilly Willy]

State - discussion of trial date. Hoping for September. Baez says he prefers October.

 

[irishbosoxfan]

Talking about September for trial

 

[Chilly Willy]

Baez: Can we approach on something?

Judge: yup.

 

[irishbosoxfan]

Approached bench-sound off

 

[irishbosoxfan]

October 12th for trial

 

[Chilly Willy]

October 12th set as tentative trial date. State anticipates 4 weeks needed for jury selection and presentation of state's case.

 

[BondJamesBond]

Jus for grins it would be fun if...

Irish would play the part of DA
Chilly would play the part of Baez
? would play the part of Judge