Bunny I am in agreement with you. JB has filed productions requests, the State failed to produce and he had to file a motion to compel. The Judge ordered the State to produce, gave a time limit, it failed to produce so JB had to file another motion to compel because the State did not comply with the previous ruling of the court. The State argued that the case docket number changed when the charges against KC went from child neglect to murder one. Since JB's motions were filed in the original docket, they were moot. This was one excuse for the many delays on the part of the State. Others were "we don't have enough time, he didn't pay, we are trying to get it, we are working on it, don't know if we have that" yada, yada, ya. The SA had the audacity to dangle before him a "just finished today" CD which she indicated was in response to his request for all the tips, well, at least some of the tips, they were not quite finished getting them all onto a disk yet and JB had to pay $900 first. Now JB probably heard that for the first time right then and there and he obviously didn't come to court with enough cash because a "great" lawyer would have pulled the money out of her purse and asked the SA if she could make change and watch her stumble along to explain that she wasn't in charge of taking filing fees. But that aside, the information on the CD was hand selected to be nothing more than "psychic" dreams. Don't even try to tell me they aren't playing games with JB.
Sure, JB should have re-filed his discovery into the new docket, as soon as the murder case was assigned a number but the State had been served with the requests months prior to KC being indicted (resulting in a new docket number) and did not respond.
A great legal secretary would automatically print out another set of discovery with the new docket number and put it on his desk as soon as the first state document arrived at the office.
This is not a fatal error by any means. No judge would prevent a defendant in a murder case from presenting witnesses. It would be immediately reversed and the judge would be ordered to allow the witnesses to be called. Big slap in the face from the brethren at the Appellate Court.
JB just has to get someone to type up the list the State filed and add his own witnesses. No harm, no foul. End of story.
How does JB handle this case, teach school, etc. etc.? Like all attorneys. There is never just one case going on, there may be hundreds of live files all in different stages of prep for trial concerning any number of civil, criminal, family, bankruptcy, estate, you name it, cases. The real focus on the case is at the very beginning and maybe a week or so before trial. In the meantime, you learn everything about the case and somehow remember the details and facts of them all and work them all towards trial.
Not to mention that it is a dirty trick and needs to be called out into the light. The SA is not "taking advantage" of ole Baez-they have tried patiently, as the court has, to educate him in the letter of the law, but unfortunately he is not an attentive student. And just for the record, the state already had almost 180 witnesses or potential witnesses on its list before it was recently ammended...Baez filed his pitiful excuse for a witness list long ago and never did a thing with it that I know of since then. He listed NO experts, and except what? 3 people, there was nobody on the list...and again-ditto just won't do here, in a court of law.:waitasec:
