Motions Hearing - Fri., Jan. 30, 2009 @8:30 AM

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I think he'll deny it and ask Baez to redraft it in a legally sufficient way. In the end, I think Baez will get some of TES's search records, but not blanket access to any and everything/everyone.

I agree with you Charleston. I think the more interesting question is WHY does the defense want it? What substantive information could be applied toward the defense's case? How would this information support her innocence (I don't think it can or will), or how will this information support mistrial/appeals/other legal technicalities or merely plant the seeds of doubt due to some type of "set-up" scenario?
 
In this link of raw video, at approx 2:09, he rips off some paper and gives it to the trying-not-to-look-like-a-perp Perp. I *think* he says to her "Here I'm gonna give you some paper - pretend to write - be very careful guarding it"

http://www.wesh.com/video/18602633/index.html

Can someone with better ears see if they hear the same thing?? :waitasec:
Some other guy off camera is talking at the same time so it's a little difficult to hear.

THOUGHTS??

I just replayed it several times with the volume up and the speaker next to my ear. That is definitely what he says. Why would she need to pretend to write and pretend that it was important by covering it up.....sounds like someone wanted to play up things for the media.
 
I just replayed it several times with the volume up and the speaker next to my ear. That is definitely what he says. Why would she need to pretend to write and pretend that it was important by covering it up.....sounds like someone wanted to play up things for the media.

Not a bad move by Baez. I don't think she is controllable though, and the little playful interaction probably caught him off guard. He needs to control her public persona in court a bit better.
 
I want to say thank you to everyone who did a play by play and posted links to the replay of the hearing.

I missed it because one of my sows broke out of her farrowing cage...stupid thing.
 
Here is an update:
http://www.wftv.com/news/18601688/detail.html



It is clear the judge won't support a fishing expedition. Baez has to argue a specific request methinks, and justify it. I don't think he will have the ability to because it was a fishing expedition to begin with.

I agree, what is going to do depose 4000 volunteers and run background checks on all of them. I don't think he has deposed the people already on the witness list.
 
I have recorded the motions hearing and the videos are uploading to YouTube. I will post the links once they finish processing.

Thanks Patty G!
 
I want to say thank you to everyone who did a play by play and posted links to the replay of the hearing.

I missed it because one of my sows broke out of her farrowing cage...stupid thing.

I want to jump on that as well. I don't receive the chanels you are watching adn I really appreciate the info in real time.

By the way Tichad3, your siggy is hilarious!
 
I believe the judge needs to allow him access to Equisearch documents that relate to where they searched. It should be part of the discovery. I also think his point about their connection to Florida is valid. They took orders from OCSO, received money from them and Tim was even brought behind the crime scene tape when Baez was prohibited.

I also think the judge was wrong (although I am not an attorney) in denying the recuse motion. I think this (and the above if he doesn't help the defense get this) will be grounds for appeal. It doesn't sound too doubtful that someone from their office is playing dirty. Who ever it is works for the SA.

The stars were clearly in favor of the defense today.

Ps: ok, I ready for the tomatoes being thrown. I'll use them in my Chili or Pizza. But I'll reserve the ham and cheese for the experts ;)
 
I'm still surprised BC was there and was allowed to make that statement. Couldn't he tell her that privately? Special privileges all over the place for the A's!:mad:

BC's actions were certainly unprofessional. I don't know about telling her privately. Not sure, but,I think he would have to go through Baez in order to deliver a private message.
 
I just replayed it several times with the volume up and the speaker next to my ear. That is definitely what he says. Why would she need to pretend to write and pretend that it was important by covering it up.....sounds like someone wanted to play up things for the media.

Is sounds like he says I am going to give you some paper and a pen to write.
 
I just replayed it several times with the volume up and the speaker next to my ear. That is definitely what he says. Why would she need to pretend to write and pretend that it was important by covering it up.....sounds like someone wanted to play up things for the media.

Maybe that's why she got the cuffs off....cuz she "needed" to write.
another stunt.
moo
 
I believe the judge needs to allow him access to Equisearch documents that relate to where they searched. It should be part of the discovery. I also think his point about their connection to Florida is valid. They took orders from OCSO, received money from them and Tim was even brought behind the crime scene tape when Baez was prohibited.

I also think the judge was wrong (although I am not an attorney) in denying the recuse motion. I think this (and the above if he doesn't help the defense get this) will be grounds for appeal. It doesn't sound too doubtful that someone from their office is playing dirty. Who ever it is works for the SA.

The stars were clearly in favor of the defense today.

Ps: ok, I ready for the tomatoes being thrown. I'll use them in my Chili or Pizza. ;)

I am not sure why you think the stars were in favor of the defense today. The only motion that he granted them was access to the scene where the body was found. There's nothing left there to look at. It is not in it's original state. He denied the motion to recuse. He basically told Baez that he would deny his motion for TES records unless he could come up with a better argument. Baez was shot down about setting dates and moving the case. I would hardly call this a win for the defense.
 
I just replayed it several times with the volume up and the speaker next to my ear. That is definitely what he says. Why would she need to pretend to write and pretend that it was important by covering it up.....sounds like someone wanted to play up things for the media.

Bold is mine

She hasn't done to well up till now with public opinion so I'm sure they are pulling out all the stops to rehabilitate her in the public eye.....plus it's one of the oldest defense ploys ever....back in the day that is basically what we had all our criminal clients do in court...it is supposed to help!!!
 
Bold is mine

She hasn't done to well up till now with public opinion so I'm sure they are pulling out all the stops to rehabilitate her in the public eye.....plus it's one of the oldest defense ploys ever....back in the day that is basically what we had all our criminal clients do in court...it is supposed to help!!!

LOL, well I think it back fired if that was the point.
 
I believe the judge needs to allow him access to Equisearch documents that relate to where they searched. It should be part of the discovery. I also think his point about their connection to Florida is valid. They took orders from OCSO, received money from them and Tim was even brought behind the crime scene tape when Baez was prohibited.

I also think the judge was wrong (although I am not an attorney) in denying the recuse motion. I think this (and the above if he doesn't help the defense get this) will be grounds for appeal. It doesn't sound too doubtful that someone from their office is playing dirty. Who ever it is works for the SA.

The stars were clearly in favor of the defense today.

Ps: ok, I ready for the tomatoes being thrown. I'll use them in my Chili or Pizza. But I'll reserve the ham and cheese for the experts ;)


I have in NO way, shape or form ANY legal training what so ever....but, in my mind...IF TES were "working" for the state, wouldn't they legally be paying the state "taxes", since the word "working" implies obtaining monies subject to taxation ?? I know....splitting hairs, and reaching faaar as TES is non profit org.
As far as the supposed money from LE to TES, I'd think it should be considered a "donation" towards a non profit service...just like donating to the Boys/Girls Club....IMO
AND...it can be argued that TES, even though it SEEMED like they were "working" for the state...they, in essence, were "doing what they do" in ANY state, under the same circumstances.


ETA : No tomatoes being thrown....LOL....and NOT trying to be contrary to your points mentioned.
 
In this link of raw video, at approx 2:09, he rips off some paper and gives it to the trying-not-to-look-like-a-perp Perp. I *think* he says to her "Here I'm gonna give you some paper - pretend to write - be very careful guarding it"

http://www.wesh.com/video/18602633/index.html

Can someone with better ears see if they hear the same thing?? :waitasec:
Some other guy off camera is talking at the same time so it's a little difficult to hear.

THOUGHTS??

JOse saying, "i'm gonna give you some paper, pretend to write." is what I hear, yes.

Unusual wording "pretend to write". Why not just say "take notes", instead?
 
I am not sure why you think the stars were in favor of the defense today. The only motion that he granted them was access to the scene where the body was found. There's nothing left there to look at. It is not in it's original state. He denied the motion to recuse. He basically told Baez that he would deny his motion for TES records unless he could come up with a better argument. Baez was shot down about setting dates and moving the case. I would hardly call this a win for the defense.

Well, I won't bore you with the astronomical details but he hasn't yet ruled on all of the motions, for one. Next, if I am right and these denials are in violation of the Federal law, that is a big bonus for the defense. Next, I might have misunderstood, but I heard the judge saying the search information is relevant for the defense. Finally, the prosecution must be very nervous that Baez will insist on a speedy trial, even if he can't make that motion because they keep withholding discovery but leaking to the media.

Oh, one more thing, if Henery L so easily found more hair, etc, so much so that the LE went back to check again and found lots more, I think there is a pretty good chance they will find more evidence in that 1/2-1 acre parcel.
 
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