2009.03.25 - Motions Hearing

[Bree0372]

I'm a bit confused. If KC hasn't sold her story so that she can pay JB HOW is she paying him? OR is it CA & GA that have made the agreement to sell their story and pay JB? Are they footing the bill to help get their daughter off after she murdered their grandaughter?

I believe it is the A family that has sold the pics, etc., that will pay for her defense. Although Dr. Lee said on NG one night that he is working for free. Surely, they aren't all working for free. Also, somebody has to be paying the regular household bills - unless it is LA.

heck, Baez barely does, she probably thinks she doesn't have to either. I've never seen something like this, such blatant disrespect for the court! This is not going to earn them any points for trial!

Will Judge Strickland be the trial judge too? I have heard yes and no. I hope so because he is most familiar with the trial.

Baez tried a murder case in May 2008. Charge was Murder 2 and lesser. Defendent, Nilton Diaz was found guilty of Manslaughter.

I believe this is the same case where JB was late to the sentencing because he was meeting with KC or something to that effect.

 

[dax]

Sounds like he was innocent from what I read. it was the mom, who got off, and then went off partying... weird huh?

I do believe there would have been a different outcome in this case if Diaz had an attorney other than JB. From the docs I've read, JB did a shoddy job on this case.....jmo

He doesn't look to be doing much better in this one either....imo

 

[amysmom]

Judge: "You only signed ONE retainer agreement"?

KC: "YES!"

Well..We found out there's really TWO when JB announced after that & towards the end there was the original ONE when the charges were just child neglect (the ONE he claims he doesn't know if he still has) & then the other ONE after the murder charges.

The Judge was very clear with his Q so why didn't JB correct his client right then & there? Isn't that what should've happened?

 

[dax]

Will Judge Strickland be the trial judge too? I have heard yes and no. I hope so because he is most familiar with the trial.


I believe this is the same case where JB was late to the sentencing because he was meeting with KC or something to that effect.

They set the date in Oct according to Judge Strickland's schedule so, hopefully, yes.

And you are correct.....that is the case.

 

[ThoughtElf]

Who are these people, and why bring youths to this hearing? Are these the mystery benefactor people from Connecticut?

http://media.myfoxorlando.com/photogalleries/032509anthonyhearing/1/lg/38.htm

 

[MIbarb]

I do believe there would have been a different outcome in this case if Diaz had an attorney other than JB. From the docs I've read, JB did a shoddy job on this case.....jmo

He doesn't look to be doing much better in this one either....imo

Can someone point me in the right direction to read more on this case?

 

[Roze]

Who are these people, and why bring youths to this hearing? Are these the mystery benefactor people from Connecticut?

http://media.myfoxorlando.com/photogalleries/032509anthonyhearing/1/lg/38.htm

They look like students -- law school?

 

[Intermezzo]

state wants to expand and ask about what they mean by 'story'

Just got back to the computer and not done reading thru the thread

Good question, I was hoping someone would bring that up.

 

[Crabcake23]

I also found it interesting that Diaz was convicted of killing a 2 year old...

OMG, what??????

 

[amysmom]

So i thought he had proof from day 1?? didn't he say that we don't know the whole story... in August? oh yeah, he also said Caylee was alive...

He has said all of that but what gets me the most is he knew what he said to the Judge today in a court of LAW is a bold-faced LIE!..

 

[Marina2]

I'm not 100% sure, hoping a legal expert will weigh in here. Could she appeal on ineffective counsel? I didn't think her being present at each hearing terminated that right.

I'm not a legal expert by any stretch of the word but, in order for her to bring an ineffective assistance of counsel appeal, I think she will have to show that her lawyer violated her constitutional rights. The fact that your lawyer is unskilled or doesn't get you an acquittal is not a basis for this appeal.

ETA: With all the experts involved in KC's defense, it will be very hard for her to appeal on this basis...she has a "dream team" and that should be as effective a defense as she can get.

 

[BetsyB]

The purpose of the hearing was to diffuse conflict of interest concerns. We still have to take into consideration that lead counsel for the defense has never tried a case in court. He has had cases settle prior to trial-but never tried a case in court right?

I think that the state is in an interesting position knowing this; if they keep the death penalty off of the table, they can keep Baez as Casey's counsel which is kind of like having a one armed paper hanger, jmo. If they put it on the table, Baez has to concede to counsel who has experience with DP cases-isnt this the way the law works in FL?? So they might be up against someone who truly has more experience like LKB etc.

What to do, what to do...so the state decides to keep Baez in place and close all of the avenues that would be available post trial in order to increase the liklihood that Ms. Casey will stay where she is forever. Which is really what everyone wants if they believe that she committed this terrible crime.

Correct. And I bet it will happen.

By my count JB got in 3 pot-shots as to the State's ethics. That was the final shot across the bow.

He brought up the gag order allegation twice earlier. You have to recall that KC specifically aimed her pot shot at Ashton on the affidavit, too.

It is getting old, but Ashton shouldn't be showing that it is working.[/QUOTE]


ITA with the bolded part.

Also, Ashton should expect some back...after all, today's hearing was based on his suspicion/allegation that JB was acting unethically/in conflict of his client's interests, and the Judge disagreed. If you throw stones, you should expect some back, imo.

I fear that if the SAs don't tone things down a bit, it may backfire on them with the jury. I think they have the best chance of conviction if they appear fair and honest and not motivated by anything but wanting justice for Caylee.

(bold mine) I believe that the SA is fair and honest and motivated by justice for Caylee. I don't view today's motion to be "throwing stones." I believe it was a necessary step to sew up any little holes through which the defendant might slip, later on. I think any prudent SA would have done the same.

It's a shame they must face such odious adversaries, because it must be terribly difficult not to rise to the bait. But I certainly don't think any less of the prosecution when I do see that they are invested--even if that means there are occasional flares of temper.

Give me an honest SA who cares--even if he gets ticked off now and then-- over a smirking, bloated bottomfeeder any day.

 

[SoSueMe]

Oh Cwap!! I don't want her to get a second chance after she's convicted.

That is exactly what the SA is trying to avoid. I think they are looking at every angle for an appeal and trying to nip it in the bud while they can. I'd like to know what the lawyers here think about the hearing today and whether Strickland covered the bases with KC on this matter.

Personally, yes, I do think it's a good possibility KC could get a new trial for ineffectual counsel. The SA is try to avoid it as much as possible. Ashton wants to do it right the first time and save FL a lot of money with the appeal process. I think they are doing a very good job.

Baez should watch his cockiness because I have a feeling it's going to bite him in the hmmm. I also feel he's not going to be so cocky when it goes to trial and he's taught how to try a real murder case with all the evidence stacked against him.

JMO-Sue

 

[lizzie_april]

I also found it interesting that Diaz was convicted of killing a 2 year old...

I know Nilton Diaz, I worked with him when the act took place and when he was on trial. Everyone thought he was going to get off. Baez built it up in Nilton's mind that he was going to get off. Funny that he (Nilton) was surprised when he was found guilty.

 

[ecs5298]

They look like students -- law school?

Maybe they're the 16 y/o's who keep sending KC money for her commissary account. You know, the ones who think shes "HAWT"

 

[Crabcake23]

I know Nilton Diaz, I worked with him when the act took place and when he was on trial. Everyone thought he was going to get off. Baez built it up in Nilton's mind that he was going to get off. Funny that he (Nilton) was surprised when he was found guilty.

WOW.

 

[trixi491]

They look like students -- law school?

That's what I thought too but they look a little too young to be in law school. Maybe college kids who are criminal justice or law and society majors or something like that. The guy all the way to the right looks a bit older, like he could be the professor. In my criminal justice class our professor was a cop and looked quite young. He would bring us on trips to the jail and court rooms. This looks like the same sort of deal only maybe they raffled it off or something so not everyone could go. I don't think they are fans or supporters of KC or anything like that..during the off camera break they didn't turn around once to acknowledge GA or CA.

 

[dax]

Can someone point me in the right direction to read more on this case?

I have the docs for the Nilton Diaz case and have forwarded them to another poster on WS. He will try to publish them in the next few days. I also have the interrogation videos of the defendent and mother of the child. The poster will work on that also.

 

[ThoughtElf]

They look like students -- law school?

Look too young to me? Or is that my age showing?

(Pass me the skin cream, pls.)

 

[bunnyphoenix1]

I've seen NO evidence that the state wants ANYTHING less than justice for Caylee.

Nor have I. That wasn't the point I was making.