nyvictoria
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Unless we can find a LIP READER!!!:woohoo:
Wanna bet LE has one?
:woohoo::woohoo:
Unless we can find a LIP READER!!!:woohoo:
I got here late....let me just say this,
If Casey is innocent, I will share a red twizzler with Baez, whilst naked - sitting on a windmill - live on NG......the ONLY pain Casey feels is for herself.:twocents:
Why in the heck would JB be crying???? I don't get it.....:waitasec:
http://www.orlandosentinel.com/news...asey-anthony-jail-video-031109,0,937095.story
The Sentinel did a story on the contents of the video as well-the story indicates that Baez was wiping tears from his face and Anthony was visibly angry and unwilling to look at him.
Excellent. Thank you for the update on recent caselaw in Florida. On an allegation of prosecutorial misconduct, wouldn't the complaint first have to be processed by a complaint to the elected States' Attorney and give notice to the Attorney General. Just had a matter that required notice to the Attorney General, which was not done. Then the investigation. Also, there is no showing that JB requested different accomodations -- room with no camera -- or that such a need to make a request was considered in the January 2009 case.I think Baez may have filed this motion for sanctions because he was taking a lead from a recent case in Broward County where prosecutors were actually removed from the proceedings.
A Broward County judge has halted a first-degree murder trial and ruled that two prosecutors engaged in prosecutorial misconduct by listening to taped jailhouse phone conversations between a murder defendant and his attorney... Miami Herald 1-6-09
In Martinez, the Broward County Case, the defense successfully argued that misconduct occurred when the prosecutors listened to the jail's intercepted recordings of conversations between defendant and his attorney:
Under the facts of the case at bar the question then arises as to whether the defendant's use of the only telephone available to him while in custody could constitute a voluntary waiver of that privilege....
Does the agreement to recording of an attorney-client discussion rise to the level of a knowing and voluntary waiver of the privilege of the contents of the discussion under these facts? Must a defendant who remains in custody choose between waiving attorney-client privilege by using the only telephones available to him or not having any telephone communication with his lawyer? The answer to both these questions must be a resounding "no." Order in FL v. Martinez case discussed above.
The Martinez case seems different because the inmate/defendant had no alternative or "safe" phone line to use for atty-client communication. I think Baez could only hope to achieve a similar outcome if OCSD provided no secured areas where he and his client could communicate confidential information privately.
I think you're right!
----
my random thoughts:
Im assuming this taped interaction between Casey and JB occurred in a public area or an area outside of the area designated for the private meetings between attorney and client. If so, case law in FL indicates the interaction would not be privileged:
...defendant communicated with his lawyer in a prison cell where the defendant knew another inmate would overhear. The Florida Supreme Court concluded that the fact that the defendant knew his conversation would be overheard contradicted his contention that the conversation was confidential. The court held that because the defendant failed to take advantage of the jails private facilities for such meetings, he waived the privilege.... (Mobley v.FL, 1982)
It seems like JB files baby-step motions filing the wrong motion in hopes of ultimately achieving an outcome best achieved with another motion. I dont know if he does this out of ignorance or to make things seem more dramatic.
Most importantly, Baez is the only person talking about this alleged tape. So we dont know if prosecutors have even viewed the tape. It seems like Baez is also taking a lead from Casey and imagining that the proceedings are innately personal-- The SA is mad at Casey:razz: because she refused to take an alleged plea deal. Baez is miffed because the State is seeking disclosure about fee arrangements and media deals he takes it personally:blushing: and decides to levy this oddly personal motion, attacking the SA for the conduct of OCSD.
IMO if the prosecution actually has this alleged tape, theyll deal with it appropriately. If it seems to have been inadvertently or deliberately recorded in violation of attorney-client privilege, they probably wont watch it and/or use it as evidence.
I think this is just another case of Baez talking about and publicizing issues he purportedly doesn't want within the public purview. I guess this is why the defense needed Todd Black?? :waitasec:
I can't find the link but remember back when she got indicted and the 2 minute hearing for her plea?
He looked more upset....... actually devastated than she did in that courtroom!
His face was all red and his eyes watery. She just stood next to him with the same blank stare as when she was arrested for the very first time. (When the judge told her she was a stranger to the truth!)
At the time it struck me as so odd........ even my DH noticed and commented about how totally upset her lawyer was compared to her!
WTH? Lover's quarrel???
What in God's name is going on here?
This just don't seem right to me that a lawyer is this emotionally enmeshed with his client!
I'm dumbfounded.
Something is quite WRONG here.
The Orlando Sentinel has learned Casey Anthony's attorney appeared to cry and wipe his eyes while meeting with her on Dec. 11 at the jail - the day the remains of a small child were found near the Anthony home.
The remains were later identified as those of Anthony's missing daughter, 2-year-old Caylee Marie Anthony.
Casey Anthony, however, seemed angry and had her arms crossed and looked away during the meeting, a source told the Sentinel.
The Orange County Sheriff's Office acknowledged a video tape exists.
http://www.orlandosentinel.com/news...asey-anthony-jail-video-031109,0,937095.story
Ya just can't make things like this up......
I just have one comment regarding JB's tears and the indication that this is unprofessional. Sometimes, professionals get so exhausted their emotional control is weakened. Trial work, pretrial, trial and post-trial appeal assessment is draining. It leaves a person physically, emotionally and mentally exhausted. He should have excused himself to step back and get a grip, but being in the jail, off territory that he could control, probably made that seem difficult to do. He is still fairly new to the experience of being a trial attorney. This kind of ability to recognize what is happening in the midst of the heat of handling the current crises in the case comes with experience and builds through decades of experience. I'm not so critical of the tears without knowing more of the backdrop of the circumstances and the conversation -- which we will not know because that is privileged.
JB does not have any history with KC prior to this case, correct? They have a very strange relationship IMO.......:waitasec:
I just have one comment regarding JB's tears and the indication that this is unprofessional. Sometimes, professionals get so exhausted their emotional control is weakened. Trial work, pretrial, trial and post-trial appeal assessment is draining. It leaves a person physically, emotionally and mentally exhausted. He should have excused himself to step back and get a grip, but being in the jail, off territory that he could control, probably made that seem difficult to do. He is still fairly new to the experience of being a trial attorney. This kind of ability to recognize what is happening in the midst of the heat of handling the current crises in the case comes with experience and builds through decades of experience. I'm not so critical of the tears without knowing more of the backdrop of the circumstances and the conversation -- which we will not know because that is privileged.
Why in the heck would JB be crying???? I don't get it.....:waitasec:
I just have one comment regarding JB's tears and the indication that this is unprofessional. Sometimes, professionals get so exhausted their emotional control is weakened. Trial work, pretrial, trial and post-trial appeal assessment is draining. It leaves a person physically, emotionally and mentally exhausted. He should have excused himself to step back and get a grip, but being in the jail, off territory that he could control, probably made that seem difficult to do. He is still fairly new to the experience of being a trial attorney. This kind of ability to recognize what is happening in the midst of the heat of handling the current crises in the case comes with experience and builds through decades of experience. I'm not so critical of the tears without knowing more of the backdrop of the circumstances and the conversation -- which we will not know because that is privileged.