WFTV - STRICKLAND filed complaint against Baez!

[Themis]

Because Fl has no "good samaritan" obligations in law.
Officers of the court, county, city etc DO have certain duties under the cited statutes.
So if JB had found the remains, he'd have an ethical/legal quandry, but it was DC who went searching.

Oh, and JB will be held to what DC did since at that time DC was JB's agent. Further, if JB gave specific instructions not to report, that alone could be counseling his own agent to violate the law.

 

[SoCalSleuth]

I don't know about Florida, but in California, the Penal Code trumps the attorney-client privilege. If a criminal defense attorney or their agents come into possession of evidence of a crime, ie a dead body, murder weapon, etc. they are obligated to turn it over to the prosecution and LE.

 

[NSS]

Thank you Themis.

Sorry you had to hold my hand through that, I really didn't understand what I was reading very well, and you explained it very well for me.

I appreciate your time and expertise.

Oh and I probably should have worded my comments more as questions than my 'thinking aloud' musings.

Thanks again.

 

[Themis]

Thank you Themis.

Sorry you had to hold my hand through that, I really didn't understand what I was reading very well, and you explained it very well for me.

I appreciate your time and expertise.

Oh and I probably should have worded my comments more as questions than my 'thinking aloud' musings.

Thanks again.

Not a problem! I read it as discussion and thinking out loud. If you are thinking about these issues then probably 50 other people are as well. You're welcome. :blowkiss:

 

[Themis]

I don't know about Florida, but in California, the Penal Code trumps the attorney-client privilege. If a criminal defense attorney or their agents come into possession of evidence of a crime, ie a dead body, murder weapon, etc. they are obligated to turn it over to the prosecution and LE.

First sentence is not quite correct and second sentence is correct. No "trump" is necessary. Attorneys can comply with the first part by turning over the item and they don't have to say where they got it. (LE can probably put 2 and 2 together.) Better yet, if it is the murder weapon, refuse to take it. Tell the client you can't advise them regarding the item.

 

[twomanywords]

I am so impressed by the knowledgeable people on this thread!
Thanks for explaining everything, but most of all, thanks for being so patient and respectful of each other

 

[SoSueMe]

...
I believe that DC's story that the psychic provided the body location info is ultimately false. She may have been set up as a Patsy to transfer the information to DC. One thing is clear to me - DC did not want to go on the record providing the true origin of the body location information.

Oh I agree and would bet money that the psychic story is false. Did you see how many psychic tips LE received in this case? There is no way to check every one of them out, so why would someone like DC check this site three times based on the same psychic? He wouldn't IMO.

 

[Chemaster]

Please explain:

http://www.clickorlando.com/news/19139567/detail.html

This link says that Dominic Casey filed the complaint and that he also took a video:

http://www.wftv.com/dirtyrestaurants/18388517/detail.html

I thought only JH took a video? Have we seen the one by DC? I also thought that DC was siding with JB ... has this changed?

I have only been away a few days and am lost.

 

[Broderick]

Please explain:

http://www.clickorlando.com/news/19139567/detail.html

This link says that Dominic Casey filed the complaint and that he also took a video:

http://www.wftv.com/dirtyrestaurants/18388517/detail.html

I thought only JH took a video? Have we seen the one by DC? I also thought that DC was siding with JB ... has this changed?

I have only been away a few days and am lost.

Interesting turn of events. DC has filed the complaint against Baez.

I think this will have legs.

 

[SoSueMe]

...
The legal concept of possession, as you might know, can be very brief; like opening a bag or turning over a clump of something. "Possession" is just the intent to briefly touch or control a thing -- like intending to touch or turn over a rock. It doesn't mean you discover it first, take time to analyze what it is, think about it, weigh the moral or legal consequences and after a while decide not to possess it. It is just the briefest intent to exercise some minor amount of control over the thing; the person doesn't even have to form the knowledge of specifically what it is.
...

[severely snipped for space]

Okay, it was the "possession" part that was confusing me. Thanks Themis

 

[MADJGNLAW]

This is exactly what I was thinking yesterday. So, many possibilities. DC must feel really guilty about something and maybe he shared some information with the judged, could he have the phone records showing Baez was the one on the other line telling him where to search in Nov? Maybe he was working undercover and boy...I feel the caca is going to hit the fan. What did Baez instruct the Anthony's and the P.I. to do? As of Oct 08, DC did not work for Baez. Did Baez pass along information as to where the remains were? Or did Casey? She had a separate contract with DC as well aside from the one he had with the Anthony's and Baez. Did DC find the remains in Nov and disrupted the crime scene? Did he or someone else plant something there to point the finger at JG or other? Did Baez ask DC to move the body? Remember when Baez had requested that Casey go out and look for Caylee in private? Then George was seen searching near some woods 4 miles away from the crime scene? Was the body there originally and then moved to the abandoned house and then moved back in Dec?

I think this is going to be big IMO.


Bar Confirms P.I. Filed Baez Complaint
Article:http://www.clickorlando.com/news/19139567/detail.html

 

[Themis]

This is exactly what I was thinking yesterday. So, many possibilities. DC must feel really guilty about something and maybe he shared some information with the judged, could he have the phone records showing Baez was the one on the other line telling him where to search in Nov? Maybe he was working undercover and boy...I feel the caca is going to hit the fan. What did Baez instruct the Anthony's and the P.I. to do? As of Oct 08, DC did not work for Baez. Did Baez pass along information as to where the remains were? Or did Casey? She had a separate contract with DC as well aside from the one he had with the Anthony's and Baez. Did DC find the remains in Nov and disrupted the crime scene? Did he or someone else plant something there to point the finger at JG or other? Did Baez ask DC to move the body? Remember when Baez had requested that Casey go out and look for Caylee in private? Then George was seen searching near some woods 4 miles away from the crime scene? Was the body there originally and then moved to the abandoned house and then moved back in Dec?

I think this is going to be big IMO.


Bar Confirms P.I. Filed Baez Complaint
Article:http://www.clickorlando.com/news/19139567/detail.html

Yup. There could be more people goin' down than just KC. Looks like "that dog will hunt."

 

[Chezhire]

Please explain:

http://www.clickorlando.com/news/19139567/detail.html

This link says that Dominic Casey filed the complaint and that he also took a video:

http://www.wftv.com/dirtyrestaurants/18388517/detail.html

I thought only JH took a video? Have we seen the one by DC? I also thought that DC was siding with JB ... has this changed?

I have only been away a few days and am lost.

Here we go.
I speculate that DCasey got angry that JBaez NEVER paid him, thus DCasey's services were terminated (likely by DCasey, I might add), thus ending the attorney work product privilege as of that date.
Later on, at some future date, for some as-of-yet-unknown reason, JBaez screws up and has conversations with DCasey (which are unprivileged since they are no longer in any contractual relationship) forgetting that DCasey is no longer employed by JBaez for Casey and is employed for the Anthonys, DCasey's November search of Suburban takes place, and, later on, upon realizing his screwups, JBaez attempts to tell DCasey to commit perjury ("Do not tell where that body is located, you hear me!",) or worse...

 

[zadari]

what i dont understand is .. why would jb and the rest of the parade .. do all of this for kc if they are not getting paid .. they have to be getting paid somewhow .. someway.. why would they risk all of there careers for her ? .. i dont get it AT ALL

 

[SoCalSleuth]

First sentence is not quite correct and second sentence is correct. No "trump" is necessary. Attorneys can comply with the first part by turning over the item and they don't have to say where they got it. (LE can probably put 2 and 2 together.) Better yet, if it is the murder weapon, refuse to take it. Tell the client you can't advise them regarding the item.

Actually, the first sentence was a direct quote from the second district court of appeals here! Hee hee

 

[Themis]

Actually, the first sentence was a direct quote from the second district court of appeals here! Hee hee

:waitasec: (Considering) I'll stand by what I said. A trump means it defeats existing confidentiality. A more correct statement would be that attorney-client confidentiality does not extend to cover things like this. The law of privilege arose out of common law, but is now purely statutory. So, the California Second Court of Appeals might reconsider if this particular splitting of hairs was presented to them. Cases are not authority for matters not considered.

 

[Themis]

what i dont understand is .. why would jb and the rest of the parade .. do all of this for kc if they are not getting paid .. they have to be getting paid somewhow .. someway.. why would they risk all of there careers for her ? .. i dont get it AT ALL

Oh, I suspect they are getting paid. They won't fall on their swords for her.

 

[PoppyH]

Oh, I suspect they are getting paid. They won't fall on their swords for her.

They think they are riding the gravy Train with biscuit wheels, I have a feeling with some of the things going on, it will all come to a screeching halt, I wonder if the end will justify the means??, This whole mess slays me!!

 

[lawlady84]

Even if its just DCs word (under oath) saying JB told him to do something arguably unethical, I think the Judge would err on the side of caution and if he thinks there's a reasonable chance it could be true to report it to the bar. As an officer of the court, you'd rather err on getting another set of eyes (the bar) to look at the complaint rather than unilaterally dismissing it - calling up questions later.

 

[trixi491]

For some reason I'm thinking this might have to do with the inappropriate relationship between KC and Baez. DC witnessed the supposed licorice incident and perhaps he had some other kind of proof (love letter, etc) that he brought to the judge to help prove that JB would tell him to not call 911 cause he was in love with KC and didn't want this to hurt not only his client, but "his girl". Wouldn't that be grounds for Strickland to file a complaint?