Video of KC and Baez Crying together to be released UPDATE BAEZ THREATENS TO SUE

[shgrbkr]

Casey Anthony's attorney has threatened to sue anyone involved with videotaping a conversation that took place between him and his client inside the Orange County Jail.
Baez on Wednesday said that it is "100 percent untrue" that he cried with his client inside the jail. He also said that reports about the "secret" video are a violation of an order from the judge, who has yet to rule on whether the video should be made publicLink :http://www.clickorlando.com/news/18901068/detail.html

Bolded by me.

I must be missing something here. What order did the judge issue that a REPORT would violate? Has there been a gag order of some kind? Someone please explain this to me as right now, it doesn't make any sense.

 

[irishbosoxfan]

I am confused by something I read in the motion.

Now last week when I was watching the motion-I heard Judge Strickland tell Jose he could go watch the video and he asked JB if he could do it today or tomorrow and JB said he could do it on Wednesday so Strickland said ok fine then you will have 15 days after(Wednesday) to file a motion to suppress if that's what you want to do

Today I read this motion and Jose has it in there like this

So am I reading that JB thinks he still has 15 days from today when in fact if I remember correctly he only has 7 left--so if he fails to file a motion to suppress by next Thursday then we get to see it and JB is SOL

I hope he forgets when he's supposed to have it done by so Judge Strickland can just authorize it's release without having another hearing on it and by the looks of it JB is going to be busy for a couple of days with this new motion.

 

[DotsEyes]

JB wants the judge to rule on the impropriety now and wants the chit-chat about the tape to stop until the judge rules.

The fact that any of KC's medical needs were announced publically (the sedative) is a violation of her privacy, at least according to The Supremes. The fact that this video-tape was saved rather than taped over as is the normal course of events and then given to the SA looks bad for the prosecution. Taping for security reasons is understandable, saving the tape for trial is another - especially when it is of the client and her attorney.

Sounds like JB is coming back with a 1983 violation of civil rights claim in Federal court against everyone involved. A conspiracy to deny KC her Constiutional rights, done under color of law. I would do the same. Here comes payday AND an appealable issue. Nice work SA's! NOT!

I predict the tape will never be made public. I may be too prejudicial an error to allow it, which would then require an immediate order overturning the trial court.

Why wasn't this tape disclosed and produced in discovery? Games by the State. Not only is the State trying to delve into areas of fee payment but now is arguing to release illegally obtained video tapes to the public. Am I the only one seeing this?

I may think she is guilty, but come on, convict her the right way, not with a bunch of shenanigans, it makes the SA's case look weak when it violates constitutional rights in order to win a case. That is how I see it.

Attacking the defense attorney, violating Const. rights - all the actions of desperate prosecutors. KC is right they are mad that she won't accept a plea. She doesn't have to though, that is the part that seems to be missing here - she has the right to defend herself and to do so without her rights being violated.

This is bad. If the State doesn't watch out, they may lose the case rather than JB winning it. It happened in the OJ trial and I knew it would happen as soon as Marci Clark opened her mouth in her Opening Statement.

 

[noonie]

they cry over the body being discovered! well he more than she hmmmmm

 

[LCoastMom]

I have not seen ONE jail house video or heard ONE jail house call where KC expresses concern over Caylee. It is always about her: I just woke up, I ate cole slaw, do you believe that. I eat only so they wont watch me. I have NO ONE, you guys at least have each other, I have NO ONE. Calling u guys, what a waste. All anybody cares about is Caylee. It all just goes and on like this. I would have been begging for info, where have you searched, have you heard what LE thinks. I would have wanted any and all info I could get.

LeLe

Obviously the jail is only showing us what they want us to see. KC complaining about the gravy, KC saying she never asked for media attention, KC saying LE is against her. KC warning her parents that Jesse couldn't be trusted. Ummm, would that be the same Jesse who had been helping the A's and cooperating with LE? Why yes; it was!

Or maybe they're just trying to make her look bad by showing KC whining about missing out on eating chili for Caylee's 3rd BDay. Oddly enough I didn't hear her mention what Caylee was eating that day; KC criticizing a completely drained Cindy for crying over Caylee, strange KC, nothing. Oh wait! My bad that was the day KC really lost it. KC had a total melt down. KC ranted at her parents, angry for the first time (yeah, right) the reason for this change of emotion you ask? Cindy had the nerve to ask a question about Caylee, how thoughtless of her. Didn't she see KC was suffering enough over her inability to help?

Of course there is also all those minutes of KC telling George she's helped as best she can and she can't help anymore because she's behind bars, out of the loop, no one to keep her up to date, phone-less, PC-less. Or maybe we're just confused by KC saying Jose tells her everything and she knows all, 5 minutes later?

There's always those mother of the year moments when KC tells George she knows Caylee is close, that Caylee will be home for her 3rd BDay. KC telling Lee she knows Caylee is OK (and close IIRC) she can't explain it it's a "mother thing". Or KC telling Cindy she can't say anymore than she's told in order to keep Caylee and her family safe.

Yup, LE is slanting the image of KC to show her to be a completely heartless beotch, who only thinks about herself, has no interest in her missing daughter. KC who IMO was torturing her parents with false tales of Caylee coming home, Caylee being safe, Caylee being taken by someone who loved her. LE is trying to blind us with the truth! A concept so foreign to the perp and her family, they all cry foul.

 

[TrY]

Who actually has seen these jail house tapes from Thursday, December 11th? The various media outlets can't even agree as to what is on one of these tapes. It makes me wonder if any of the journalists have seen them or if this is another un-named third party source dishing dirt.

As to what Casey's reaction was or wasn't that day, if I recall the media was covering the discovery of remains on December 11th as if it were likely that Caylee Anthony's body had been found, so whatever Casey's reaction was to the news probably can be explained by both the prosecution and the defense and both explanations will probably sound reasonable.

 

[LCoastMom]

Who actually has seen these jail house tapes from Thursday, December 11th? The various media outlets can't even agree as to what is on one of these tapes. It makes me wonder if any of the journalists have seen them or if this is another un-named third party source dishing dirt.

As to what Casey's reaction was or wasn't that day, if I recall the media was covering the discovery of remains on December 11th as if it were likely that Caylee Anthony's body had been found, so whatever Casey's reaction was to the news probably can be explained by both the prosecution and the defense and both explanations will probably sound reasonable.

I thought JB's move to suppress had prevented anyone outside of LE and SA's from viewing thus far. At this point all the media has is word of mouth, which JB has also moved to suppress...

 

[shgrbkr]

I, for one, do not believe the tapes were obtained illegally. As has been discussed on more than one thread here at WS, it is common knowledge among defense attorneys that there are surveillance cameras pretty much everywhere. Notices of such are posted throughout these areas as well. So how is this illegal? Having audio tapes of an atty-client meeting is a whole other ball of wax though.

 

[LaLaw2000]

You do not have to believe me if you do not want to, but I was a Booking/Classifications Lieutenant in a jail/correctional facility. I know the DOC regulations and jail guidelines.

Baez and Casey would have to meet in the locked down area of the jail. There would not be a room that would not have a camera in it except for maybe the Major's, Captains, and the Lieutenant's offices in the locked down area. I do not know if Orange County is the same as here, but jails and correctional facilities are run pretty much the same everywhere.

An officer has to be stationed where he/she can see both the inmate and attorney at all times. Casey is charged with murder and is a high profile inmate. Even in her meetings with Baez, she should have handcuffs and ankle chains on. The officer cannot listen to the conversation due to the attorney/client privilage. Of course Baez cannot expect to not be taped. What if Casey suddenly decided to strike Baez by swinging both fists with the metal cuffs on? That would be an 'incident' and the tape would be saved. If there was any untoward behavior out of either Casey or Baez, the tape would be saved and an unusual occurrance report written. There should be no contact during the meeting. A brief hug at hello and a brief hug at goodbye is alright, even tho I have never known of lawyers hugging their inmate client. (just never seen it)

The infirmary has to be very secure and the tape rolls 24/7 whether anyone is in there or not. IMO, it was a very wise decision to have Casey in the infirmary when she was told the news. No one could predict how she might react. Remember when Casey was more or less on the equivalent of suicide watch early on? Evidently she had displayed behavior that caused concern. Later on she was put in Administrative Lockdown for security reasons and her own safety. She may be on meds - we do not know. It makes sense that Casey was escorted to the infirmary to be given news. And it does turn out that she requested a sedative.

If Casey and Baez met in a reception area outside the counselors office, then I cannot imagine him thinking they were in a private area and would not be taped. I do not feel sorry for Baez if he exibited behavior that was inappropriate. I guarantee you that any officer having to tell them to separate would have written up an unusual occurrance report and the tape would be saved to back up the report. There are mountains of reports in a jail, correction facility, and prison because as the old saying goes: If it isn't on paper, it didn't happen. In this case, it is on paper and is backed up on tape. Just IMO because it should be both on paper and tape.

The part Baez is wrong on concerning medical records is that no one is looking at Casey's medical records. Casey's 'losing it' upon hearing the news that a body had been found on Suburban is not a medical condition. Unless the tape has audio on it where Casey is asking for a particular med a doctor has prescribed for her, then it is not delving into her medical records. Now unless the tape were to show the nurse getting her medical file out and saying that she can give her such and such medication that Dr. so and so prescribed, then there is no violation of her private medical records. The tape in and of itself is no violation.

Lawyers use jail, correctional facility, and prison tapes in court all of the time. Usually it is in a lawsuit an inmate has brought against the facility, but tapes and reports are also used by prosecutors to prove inmate attacks on officers, and even to show unusual behavior. I do have a feeling that this tape can be used IF there is no medical information disclosed. Maybe use the tape with no audio and stop it just before Casey asks for medication. I do not see why this tape of Casey's reaction would have anything at all to do with any medical condition. It would just show her demeanor, and IMO, the whole tape would not be shown - just her reaction to the news.

Sorry for the long post. I am just not believing that Baez could equate the tape with delving into Casey's medical records. And if he is caught on tape exibiting any untoward behavior with his client, tough. He should have behaved himself!

 

[shgrbkr]

That's what I thought LALaw. I worked in an ER when HIPAA first came about, and it was just silly what administration thought we had to go through to "protect" patients privacy. An ER is the most UNprivate area of a hospital. People get procedures, meds, all kinds of stuff. Sure, a curtain can be drawn, but anybody can listen and know what's going on. Personally, I didn't see a violation in the generality of KC asking for a sedative, and I completely agree with you that had her file been pulled out and specific information discussed, that would be different. I don't think there is anything below board going on here. JB just reaching for straws.

 

[LaLaw2000]

Are cell phones allowed when visiting prisoners? Could the private investigator, D C, have taped this meeting with his cell phone? He could have turned it over to LE later to help himself out of trouble for searching the woods? Wasn't he at the jail with JB to meet with KC?

No, no cell phones are allowed in the locked down area where Baez and Casey would be meeting.

Baez would have been patted down, and even his breifcase would have been searched before he met with Casey. I cannot imagine where the red licorice (sp) could have come from.

Usually a classroom will not have audio anyway, and that is where Baez said he and Casey usually met.

 

[manatee]

No, no cell phones are allowed in the locked down area where Baez and Casey would be meeting.

Baez would have been patted down, and even his breifcase would have been searched before he met with Casey. I cannot imagine where the red licorice (sp) could have come from.

Usually a classroom will not have audio anyway, and that is where Baez said he and Casey usually met.

Could KC have bought it with all the money she has in her accoung? Is she allowed to bring "food" with her to meetings?

 

[lin]

JB wants the judge to rule on the impropriety now and wants the chit-chat about the tape to stop until the judge rules.

The fact that any of KC's medical needs were announced publically (the sedative) is a violation of her privacy, at least according to The Supremes. The fact that this video-tape was saved rather than taped over as is the normal course of events and then given to the SA looks bad for the prosecution. Taping for security reasons is understandable, saving the tape for trial is another - especially when it is of the client and her attorney.

Sounds like JB is coming back with a 1983 violation of civil rights claim in Federal court against everyone involved. A conspiracy to deny KC her Constiutional rights, done under color of law. I would do the same. Here comes payday AND an appealable issue. Nice work SA's! NOT!

I predict the tape will never be made public. I may be too prejudicial an error to allow it, which would then require an immediate order overturning the trial court.

Why wasn't this tape disclosed and produced in discovery? Games by the State. Not only is the State trying to delve into areas of fee payment but now is arguing to release illegally obtained video tapes to the public. Am I the only one seeing this?

I may think she is guilty, but come on, convict her the right way, not with a bunch of shenanigans, it makes the SA's case look weak when it violates constitutional rights in order to win a case. That is how I see it.

Attacking the defense attorney, violating Const. rights - all the actions of desperate prosecutors. KC is right they are mad that she won't accept a plea. She doesn't have to though, that is the part that seems to be missing here - she has the right to defend herself and to do so without her rights being violated.

This is bad. If the State doesn't watch out, they may lose the case rather than JB winning it. It happened in the OJ trial and I knew it would happen as soon as Marci Clark opened her mouth in her Opening Statement.

Sincerely, why do you think everything alleged by JB's team is true?

 

[lin]

LeLe

Obviously the jail is only showing us what they want us to see. KC complaining about the gravy, KC saying she never asked for media attention, KC saying LE is against her. KC warning her parents that Jesse couldn't be trusted. Ummm, would that be the same Jesse who had been helping the A's and cooperating with LE? Why yes; it was!

Or maybe they're just trying to make her look bad by showing KC whining about missing out on eating chili for Caylee's 3rd BDay. Oddly enough I didn't hear her mention what Caylee was eating that day; KC criticizing a completely drained Cindy for crying over Caylee, strange KC, nothing. Oh wait! My bad that was the day KC really lost it. KC had a total melt down. KC ranted at her parents, angry for the first time (yeah, right) the reason for this change of emotion you ask? Cindy had the nerve to ask a question about Caylee, how thoughtless of her. Didn't she see KC was suffering enough over her inability to help?

Of course there is also all those minutes of KC telling George she's helped as best she can and she can't help anymore because she's behind bars, out of the loop, no one to keep her up to date, phone-less, PC-less. Or maybe we're just confused by KC saying Jose tells her everything and she knows all, 5 minutes later?

There's always those mother of the year moments when KC tells George she knows Caylee is close, that Caylee will be home for her 3rd BDay. KC telling Lee she knows Caylee is OK (and close IIRC) she can't explain it it's a "mother thing". Or KC telling Cindy she can't say anymore than she's told in order to keep Caylee and her family safe.

Yup, LE is slanting the image of KC to show her to be a completely heartless beotch, who only thinks about herself, has no interest in her missing daughter. KC who IMO was torturing her parents with false tales of Caylee coming home, Caylee being safe, Caylee being taken by someone who loved her. LE is trying to blind us with the truth! A concept so foreign to the perp and her family, they all cry foul.

The jail isn't showing us anything. The media is.

ETA: Didn't mean to sound snarky at you and understand your meaning, despite the omission of a sarcasm alert!

 

[lin]

I thought JB's move to suppress had prevented anyone outside of LE and SA's from viewing thus far. At this point all the media has is word of mouth, which JB has also moved to suppress...

What a shame the state's motion for a gag order was denied, huh? Oh, wait, that's right; JB argued against it.

 

[Bluebelle]

What a shame the state's motion for a gag order was denied, huh? Oh, wait, that's right; JB argued against it.

BIG oops!! :floorlaugh:

 

[lin]

I, for one, do not believe the tapes were obtained illegally. As has been discussed on more than one thread here at WS, it is common knowledge among defense attorneys that there are surveillance cameras pretty much everywhere. Notices of such are posted throughout these areas as well. So how is this illegal? Having audio tapes of an atty-client meeting is a whole other ball of wax though.

JB admits in his motion that he knew he was being taped but alleged he assumed those tapes would be recorded over instead of saved to use against him or his client in the future. Again:

 

[sleutherontheside]

That's what I thought LALaw. I worked in an ER when HIPAA first came about, and it was just silly what administration thought we had to go through to "protect" patients privacy. An ER is the most UNprivate area of a hospital. People get procedures, meds, all kinds of stuff. Sure, a curtain can be drawn, but anybody can listen and know what's going on. Personally, I didn't see a violation in the generality of KC asking for a sedative, and I completely agree with you that had her file been pulled out and specific information discussed, that would be different. I don't think there is anything below board going on here. JB just reaching for straws.

Bolded by me.
Exactly!!!!!!!!!!!! I was admitted to the emergency room last year and during the time I was there I was exposed to "Hi Mr. So and So, I have some pills for you here but before I give them to you I want to make sure you understand that anyone with whom you have had unprotected sex will need to be contacted and should receive treatment." There was a thin gauze like curtain dividing us but he had his own part of the room. As terrible as I felt it made me laugh...out loud!!! If this guy had no grounds for a suit KC can't possibly!! It's not like they disclosed anything about her medical eval given at her intake!

 

[sleutherontheside]

JB admits in his motion that he knew he was being taped but alleged he assumed those tapes would be recorded over instead of saved to use against him or his client in the future. Again:

This brings to mind....everyone needs a theme song or at least a tag line from a song!! I dedicate to JB, Britney Spears....."Ooops I Dit it Again".

 

[Paintr]

No, no cell phones are allowed in the locked down area where Baez and Casey would be meeting.

Baez would have been patted down, and even his breifcase would have been searched before he met with Casey. I cannot imagine where the red licorice (sp) could have come from.

Usually a classroom will not have audio anyway, and that is where Baez said he and Casey usually met.

Thank you kindly, LaLaw. I didn't know proceedure and wondered if there were two sources of tapes...one from the jail of KC's reaction to the finding of the remains and one from someone like DC (not a regular jail video) I wondered if DC could have been outside the interview room, taping JB and KC through the viewing window?