Spoliation Motion Sept 22, 2009 Includes Response

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Your opinion of The Motion to Dismiss Due to Spoliation of Evidence

  • This motion has a great chance of being granted

    Votes: 4 1.4%
  • This motion has NO chance of being granted

    Votes: 108 36.9%
  • There is an ulterior motive in filing this motion

    Votes: 33 11.3%
  • I don't know

    Votes: 6 2.0%
  • Other - with opinion

    Votes: 0 0.0%
  • Whomever drafted this would lose on the show "Are You Smarter Than A 5th Grader"

    Votes: 35 11.9%
  • 2 & 3

    Votes: 44 15.0%
  • 2 & 6

    Votes: 17 5.8%
  • 2, 3 & 6

    Votes: 86 29.4%

  • Total voters
    293
  • Poll closed .
Having read the State's answer to that ridiculous motion has made me have some serious wonder about A.Lyons...I mean, we expect this sort of nonsense from Jose, that goes without saying, but you would think a renowned attorney and law professor such as she would do a little better job in putting together a VALID motion. I mean, just reading the State's answer as a simple layperson I can see that the state is basically saying this is idiotic, as idiotic as many of the past filings by the defense, and we have had enough of this crap and we demand some answers, in accordance with the LAW and not based on the whimsy of this celebrity team...


ITA!!! BUT...lest we forget, she also has her academic obligations to tend to....THAT obviously comes before prep for a pesky death penalty case of this magnitude...not to mention the fact of it's visibility and interest with the public and the media!!
 
And, it is SUCH a biotch to get a decent jury off planet. To say NOTHING of the interpreter costs.

You should put a warning before a post like this. Probably damaged more keyboards than just mine! rofl
 
I've spent a ton on ink cartridges for printing out the key information. I can't imagine your expenses.

I think AL's students and JB's students have been kicked into high gear getting all those articles that are on the Internet. One thing I'd have to say is that any argument for change of venue they have with all those citations could fall back on them. They prove that the case is state-wide, nation-wide, and possibly world- wide.! :yes:

They really do have a tendency to shoot themselves in the foot on a regular basis, don't they?
 
Having read the State's answer to that ridiculous motion has made me have some serious wonder about A.Lyons...I mean, we expect this sort of nonsense from Jose, that goes without saying, but you would think a renowned attorney and law professor such as she would do a little better job in putting together a VALID motion. I mean, just reading the State's answer as a simple layperson I can see that the state is basically saying this is idiotic, as idiotic as many of the past filings by the defense, and we have had enough of this crap and we demand some answers, in accordance with the LAW and not based on the whimsy of this celebrity team...

I have the feeling that there were no criminal cases to cite as back up for the particulars of their motion. They probably had to search long and hard to find anything that was even be remotely connected. I am trying to imagine a case where a judge allowed a defense team to intrude on an active crime scene and impede an active investigation. IF a judge was imprudent enough to allow it, I am sure it would be quickly and firmly overturned.

I think the cases they cited are an example of 'as good as it gets', not a matter of actually thinking these cases might apply. Straws and spaghetti as far as I'm concerned, straws and spaghetti.
 
gotta love Ashton. he really has a way of sticking it to Jose without veiling his true feelings at all. i find myself grinning after reading his motions. :D

I particularly like the sentence that says " Rather than present the Court with yet another useless Advocate's version of the facts" - I assumed at first that he was referring to Baez, but actually it could be any of this 'dream team'.
 
You guys are all really good people and I know how you want to help each other with this information.But,for now if you want to make any financial arrangments for anything, please do it privately and off the board.
We have had very bad experiences with this and generally anything having to do with money and posted about would have to go through Tricia.
Collecting money is not something that we typically get involved with.

but you guys can work out what ever arrangements you like offboard and please feel free to email Tricia and explain the situation.

I am personally very grateful to Muzikman for supplying us with all this information too. :)
 
I've spent a ton on ink cartridges for printing out the key information. I can't imagine your expenses.

I think AL's students and JB's students have been kicked into high gear getting all those articles that are on the Internet. One thing I'd have to say is that any argument for change of venue they have with all those citations could fall back on them. They prove that the case is state-wide, nation-wide, and possibly world- wide.! :yes:

You're right - that and the fact that JB fought the gag order so he could sip champagne on Geraldo's yacht and continuously appear on national TV gabbing about his client. That kind of thing doesn't tend to keep things local and low-profile.
 
I have the feeling that there were no criminal cases to cite as back up for the particulars of their motion. They probably had to search long and hard to find anything that was even be remotely connected. I am trying to imagine a case where a judge allowed a defense team to intrude on an active crime scene and impede an active investigation. IF a judge was imprudent enough to allow it, I am sure it would be quickly and firmly overturned.

I think the cases they cited are an example of 'as good as it gets', not a matter of actually thinking these cases might apply. Straws and spaghetti as far as I'm concerned, straws and spaghetti.

The way I imagine this originating, is through LBK (after all, she's the one who is putting together the Forensics Rant). It sounds so very OJ and Phil Spector to try to brainwash a jury that somehow the defense should be in on the actual LE investigation. She was probably too busy (or underpaid) to draft it and simply told JB to take care of it, maybe sending along a few boilerplate paragraphs she's used previously to help him. He never thinks to cite case law even if it exists. Why bother the court with all that hoopla, especially since he is so very busy.

I think AL is trying to unravel the morass of Anthony relationships right now and search for mitigating factors. She's practical enough to know this is a DP case - so there is probably fire at the center of all this smoke - and her only real objective is to keep her client alive, not to prove her innocent in some ridiculous quixotic twirl of legerdemain. She also might have to use a crowbar to separate the Twizzler Twins and even talk directly to the defendant, which is probably taking up a lot of time. I'm sure her grad students are earning extra credit and their little grant stipends by keeping an eye on all of this. I'm sure it's making for some excellent 101 lessons in What Not To Wear in court.
 
The way I imagine this originating, is through LBK (after all, she's the one who is putting together the Forensics Rant). It sounds so very OJ and Phil Spector to try to brainwash a jury that somehow the defense should be in on the actual LE investigation. She was probably too busy (or underpaid) to draft it and simply told JB to take care of it, maybe sending along a few boilerplate paragraphs she's used previously to help him. He never thinks to cite case law even if it exists. Why bother the court with all that hoopla, especially since he is so very busy.

I think AL is trying to unravel the morass of Anthony relationships right now and search for mitigating factors. She's practical enough to know this is a DP case - so there is probably fire at the center of all this smoke - and her only real objective is to keep her client alive, not to prove her innocent in some ridiculous quixotic twirl of legerdemain. She also might have to use a crowbar to separate the Twizzler Twins and even talk directly to the defendant, which is probably taking up a lot of time. I'm sure her grad students are earning extra credit and their little grant stipends by keeping an eye on all of this. I'm sure it's making for some excellent 101 lessons in What Not To Wear in court.

Had to do more than hit the thanks button....EXCELLENT POST :blowkiss:
 
Resp snipped:

Okay, Ashton is, imo, now exonerated for making smirky faces and rolling his eyes at JB and the defense table when JB stands up to pontificate in court.

I don't think it's very professional, (and hope he will stop it before a jury sees that)

I pray to God he doesn't do that at the trial. When he does that smirking he not only looks juvenile, he also angers and alienates anyone who has ever been smirked at--and that's just about everyone, including me. Including jurrors.
 
Resp snipped:



I pray to God he doesn't do that at the trial. When he does that smirking he not only looks juvenile, he also angers and alienates anyone who has ever been smirked at--and that's just about everyone, including me. Including jurrors.

I'm 100% with you on this. The smirking is terribly unprofessional. Ashton needs to get himself under control and remain calm, cool and collected, no matter what is said or done and what his personal feelings are about it.
 
Having read the State's answer to that ridiculous motion has made me have some serious wonder about A.Lyons...I mean, we expect this sort of nonsense from Jose, that goes without saying, but you would think a renowned attorney and law professor such as she would do a little better job in putting together a VALID motion. I mean, just reading the State's answer as a simple layperson I can see that the state is basically saying this is idiotic, as idiotic as many of the past filings by the defense, and we have had enough of this crap and we demand some answers, in accordance with the LAW and not based on the whimsy of this celebrity team...

I hope you're right, MC, but until the trial is over, I'm afraid to underestimate AL, LKB, et al. They're far from stupid; they're "brilliant" and they're cunning (according to most experts in their field). Every time I'm tempted to roll my eyes at what they say or how they appear, an old axiom runs through my mind: "He who laughs last, laughs longest." I don't want to be caught offguard and see them laughing.

Don't mean to be a damper, btw. :blowkiss:
 
Resp snipped:



I pray to God he doesn't do that at the trial. When he does that smirking he not only looks juvenile, he also angers and alienates anyone who has ever been smirked at--and that's just about everyone, including me. Including jurrors.
I agree,Friday.It will undermine anything else he does,however professional it may be.
 
Muzikman, is that 2 inch thick doc available yet? Why doesn't the media have it is why I'm asking....or do they copy a lot of them and then make it available? Or will it be on cd's?

I know they said there'd be a big dump this week maybe, but how come we don't see it yet?

PS....you are my hero too!

The 2-inch-thick doc is available, but I see nothing in it worth paying $1 a page for. All it is, is Baez's Amended Motion for Change of Venue (COV), and attached are printouts of a bunch of media stories available on the web. I'll post the 5-page Summary shortly in the COV thread. It lists Exhibits A-Z, mostly the title of the stories, the date and the link. No reason for Media (or me) to pay several hundred $$'s for copies of a bunch of stories already available on the web.

He's just trying to prove how widespread the media coverage in Orlando has been.

Not sure when the doc dump will come... hopefully this week or next?
 
The 2-inch-thick doc is available, but I see nothing in it worth paying $1 a page for. All it is, is Baez's Amended Motion for Change of Venue (COV), and attached are printouts of a bunch of media stories available on the web. I'll post the 5-page Summary shortly in the COV thread. It lists Exhibits A-Z, mostly the title of the stories, the date and the link. No reason for Media (or me) to pay several hundred $$'s for copies of a bunch of stories already available on the web.

He's just trying to prove how widespread the media coverage in Orlando has been.

Not sure when the doc dump will come... hopefully this week or next?

Good lord, man! You've been paying a buck a page? What are they, Kinko's? I think we're gonna have to have a fundraiser here - a bake sale, a car wash or something! It would be cheaper to just get you a portable copier and ask them to let you make copies right there!

Maybe we can get it all back and more when we file a class action suit (Casey Made Me OCD!) for all the unnecessary mental anguish the defense has put the public through. Most of us have carpal tunnel and are going blind from staring at the monitor, too...
 
I'm 100% with you on this. The smirking is terribly unprofessional. Ashton needs to get himself under control and remain calm, cool and collected, no matter what is said or done and what his personal feelings are about it.

I'd like to third or whatever-eth this. He really needs to stop acting like every thing he's hearing is one of the following:

bull-hockey
stoopid
ludicrous
un-friggin-believable

(even if it is all of the above). It detracts and he has now proven he's far above that kind of unprofessional demeanor.
 
Good lord, man! You've been paying a buck a page? What are they, Kinko's? I think we're gonna have to have a fundraiser here - a bake sale, a car wash or something! It would be cheaper to just get you a portable copier and ask them to let you make copies right there!

Maybe we can get it all back and more when we file a class action suit (Casey Made Me OCD!) for all the unnecessary mental anguish the defense has put the public through. Most of us have carpal tunnel and are going blind from staring at the monitor, too...

Oh...I know I most definitely have a problem.....I am going to have to go into internet addiction therapy very soon....
but not 'til after the trial
 
Good lord, man! You've been paying a buck a page? What are they, Kinko's? I think we're gonna have to have a fundraiser here - a bake sale, a car wash or something! It would be cheaper to just get you a portable copier and ask them to let you make copies right there!

Maybe we can get it all back and more when we file a class action suit (Casey Made Me OCD!) for all the unnecessary mental anguish the defense has put the public through. Most of us have carpal tunnel and are going blind from staring at the monitor, too...

I think they're overcharging according to the Sunshine Law (says up to $1 a page for CERTIFIED copies, of which these aren't) but would probably need a lawyer to press the issue farther up the ladder.

I was in there one day and starting taking pix of docs with my camera and got yelled at, they were going to take my camera away. :eek: Then I pulled out my trusty iPhone, on which I have a copy of the Sunshine Law, and showed them where it said we were allowed to take photographic copies with a camera. :woohoo: They backed down. :)

A camera is good for a few pages, but if they don't turn out I have to go back and retake them.... the quality is not the best either.

Can't bring a copier in, but I've considered getting a portable wand doc scanner which I think would do the trick - but good ones are $200+ on Amazon.
 
I think they're overcharging according to the Sunshine Law (says up to $1 a page for CERTIFIED copies, of which these aren't) but would probably need a lawyer to press the issue farther up the ladder.

I was in there one day and starting taking pix of docs with my camera and got yelled at, they were going to take my camera away. :eek: Then I pulled out my trusty iPhone, on which I have a copy of the Sunshine Law, and showed them where it said we were allowed to take photographic copies with a camera. :woohoo: They backed down. :)

A camera is good for a few pages, but if they don't turn out I have to go back and retake them.... the quality is not the best either.

Can't bring a copier in, but I've considered getting a portable wand doc scanner which would do the trick - but good ones are $200+ on Amazon.

Well, they are probably charging so much because this is the first case to actually show a profit margin for them that is outside attorney copies.

You are really on the ball, pulling out your e-copy of FL's Sunshine Laws. Another iPhone killer ap. You da man!

A portable scanner, eh? We should all keep our eyes open. Too bad you can't just say you are from the defense and to put it on JB's running tab (but nobody would believe he rates a tab, the cheapskate. He can't even pic up docs he's demanded).
 
Can't they be requested to have CD copy's?

I thought they made the paper work digital at some point. If so, one should be able to request the digital copy. Which should be cheeper, I would think.

Do they not have digital?
 

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