2009.05.07 - new motion by State to Determine Counsel

[Intermezzo]

Mackenzie makes me crazy. Here's what she said on April 13 when the DP was put back on the table:

Marti Mackenzie, spokeswoman for Anthony's defense lawyer, just told the Orlando Sentinel: "This is not a death penalty case. We will do whatever is necessary to defend Casey Anthony from the state trying to take her life. We already have death qualified defense lawyers on our team and are prepared for a vigorous defense."
http://www.orlandosentinel.com/news...ony-case-death-penalty-041309,0,1925641.story

(Again my apologies if this has been posted. Still reading the thread from the beginning.)

Thanks, and I remember that statement.
So what's the hold up with having this DP lawyer front and center and be the one filing the major motions.

Another way to look at the bold by me part
Yes, they may have DP qualified lawyers on the team but that is not saying they are qualified to chair a DP case in Florida.
Is LKB DP qualified?

 

[Gypsy Road]

Only one complaint is "open" and "going to diversion" was mentioned when I called The Florida Bar. Diversion is not a severe reprimand so unless there are other cases or unless some new evidence comes to light then I don't think he's going to be disbarred on the complaints they currently have.

My opinion only, of course.

The complaint filed about his false advertising is in diversion. Baez has to take an advertising course and upon completion of the course he has to have all of his ads approved by the Bar for one year afterwards. From what I understand the Florida Bar does not "close" the complaint until all criteria has been met (course completed etc) - so does this mean that this particular complaint is still open and the one that Judge Strickland filed against him is already closed (along with the other complaint - I can't remember who filed it or what it was over)?? I'm very curious if Strickland's complaint ever went anywhere. Hope I'm making sense here. It's lunchtime and I need FOOD.

 

[BeanE]

I don't remember exactly where - either a media article or discussion on here - but I remember reading some time ago that if Casey had to be declared indigent and Public monies became involved, that would force Baez to expose where ALL previous funds came from. Which I don't think he would want to do. Might make him look bad. :boohoo:

Yes that is true. I started a thread and included links to the state's info on that. The thread is called something like 'the cost of justice for caylee'.

ETA: Here's the thread:
http://websleuths.com/forums/showthread.php?t=83007

 

[BeanE]

My sense at this point, with the steps the SA (and Strickland) have taken, is that they are very seriously concerned about KC's defense. That in turn makes me seriously concerned.

The SA's office doesn't comment publicly, and I can only imagine what is going on behind the scenes, what information and concerns they have, that we don't even know about.

I absolutely do not want anyone in this country put to death because their defense is incompetent or exploitative or ego/career seeking. I want it 100% fair all the way down the line.

I think George and Cindy need to get off their media tour and over to that jail and plead with the jail and OCSO to force a meeting with their daughter, taped or not, and lay it on the line to her, that despite them having always let her get away with everything, that now her life is on the line and it's time to get real and get serious. And they need to tell Jose the same thing. This is not just another power and control game. This is real.

MOO

 

[nephers]

I would think that if Casey has a new DP attorney that he would have visited her in jail...Wouldn't there be a log of that? I don't know how to see her visitor log but I'm pretty sure that is available somewhere.

 

[amethyst221]

Just read the updates to today's news section. So . . . . the new qualified attorney is from out of state and JB and company have created their own exception to the statute requiring that he or she immediately enter an appearance -- they need to protect the lawyer. Can anyone direct me to that part of the law?????

 

[kageykaren]

Beane did you notice on CA's interview with CBS morning show how CA answered the interviewers questions about DP and CA very calmly, quietly spoken said, 'Yes , her life is at stake" As a mother of a murderess that I may want found innocent I would be so much more emotional in my pleading of innocent till proven guilty instead of displaying a phoney type of knowledgable explanation of facts and titalating the public with a wait and see at trial smirky attitude. The A's do seem as other have said to be making their daughter look more guilty with every word they mutter. I know the A's are making media appearances but the ones I'v seen since LK have me thinking there isn't much substance behind there pleas of their daughter being innocent. As much as I would like to see them get tuff with their daughter I'm hoping they stay the course. Everyday they decide not to see their daughter in jail and give lame excuses for not just making contact to show caring or love no matter who is listening is one more day pointing to their daughters guilt. As long as they choose to avoid their daughter no anount of media shows will speak to the innocense of KC with her family avoiding her at the same time. This tells me once again it must be KC refusing to see them and the A family is just saying and doing what they've been told to say or they feel they must keep up the appearance that they care. This behavior would be the last time they could give their daughter anything of value by pleading her innocence even if it is done haphazeredly. CA will probably take up "Rights for prisoners" soap box once KC's condemmed. Sorry I'm on my own soap box today!

 

[Theonly1]

The complaint filed about his false advertising is in diversion. Baez has to take an advertising course and upon completion of the course he has to have all of his ads approved by the Bar for one year afterwards. From what I understand the Florida Bar does not "close" the complaint until all criteria has been met (course completed etc) - so does this mean that this particular complaint is still open and the one that Judge Strickland filed against him is already closed (along with the other complaint - I can't remember who filed it or what it was over)?? I'm very curious if Strickland's complaint ever went anywhere. Hope I'm making sense here. It's lunchtime and I need FOOD.

Fact:
One closed complaint is from a court reporting agency regarding alleged non-payment. The matter was closed.

The second closed complaint was regarding the "Todd Black" press releases. It also was closed.

Speculation:
If the third is the advertising complaint then WHERE IS STRICKLAND'S COMPLAINT?

 

[LambChop]

Just read the updates to today's news section. So . . . . the new qualified attorney is from out of state and JB and company have created their own exception to the statute requiring that he or she immediately enter an appearance -- they need to protect the lawyer. Can anyone direct me to that part of the law?????

If this attorney is from out-of-state they must licensed in the State of Florida also. Is that correct???

 

[JSR]

If this attorney is from out-of-state they must licensed in the State of Florida also. Is that correct???

No, they just need ONE attorney to co-counsel who is licensed to practice in FL. AND also meets the qualifications to be a co-counsel for a capital case.

 

[TigerTiger]

TErry Lenamon just announced on his blog that he's going to be on Nancy Grace on Monday:

http://swartzlenamon.com/deathpenaltyblog/ive-been-invited-back-to-talk-with-nancy-grace

This is very interesting.

 

[BeanE]

I mentioned Lenamon's May 4 blog post above. Here's the link, and some excerpts I find interesting. What prompted him to post this? Is he trying to tell us why he's not defending KC without jumping on the attention-seeking bandwagon?

Sometimes You Need To Stop and Survey the Territory When You’re a Criminal Defense Attorney Representing People Facing Death
http://swartzlenamon.com/deathpenal...nse-attorney-representing-people-facing-death

I try to avoid personal posting here, because my intent is to provide legal information that deals with capital punishment in this country today,

But note that the post is not about personal things, but about professional things...

I’m honored to serve as the advocate for these defendants, and I’m especially dedicated to serving them since they are unknown and indigent (the legal term for poor),

Especially dedicated. Unknown. Indigent. hmmm...

I'm going to go with my instincts on this one. I like this guy.

 

[Paintr]

Just read the updates to today's news section. So . . . . the new qualified attorney is from out of state and JB and company have created their own exception to the statute requiring that he or she immediately enter an appearance -- they need to protect the lawyer. Can anyone direct me to that part of the law?????

Please, please tell me you don't think it is Geragos! I had my absolute, up to the eyeballs fill of his antics during the Scott P trial. He has been in the back of my mind for a while now as he seems such a kindred soul to several members of the KC Team.

'By the pricking of my thumbs....'

 

[BeanE]

TErry Lenamon just announced on his blog that he's going to be on Nancy Grace on Monday:

http://swartzlenamon.com/deathpenaltyblog/ive-been-invited-back-to-talk-with-nancy-grace

This is very interesting.

*Very* interesting!

I wonder if Terry has some concerns about KC's defense.

 

[2goldfish]

huh. I guess SA wasnt amused at the "press release" about the "new DP counsel" who cannot "be named".

The drama makes me sick, it really does, this is not a game, a little girl has been murdered and her mother could be put to death for it, it's time to stop the drama and act like grown-ups. (yes JB this means you)

 

[Gaia713]

Couldn't that "technically" be LKB?

I don't believe LKB is a member of the Florida Bar.

Good for Ashton for prodding this issue.

 

[Gaia713]

Please, please tell me you don't think it is Geragos! I had my absolute, up to the eyeballs fill of his antics during the Scott P trial. He has been in the back of my mind for a while now as he seems such a kindred soul to several members of the KC Team.

'By the pricking of my thumbs....'

Mark Garegos hasn'twon "any case of import"since Scott Peterson. I,for one, would welcome him as it'd be a guarantee that KC would be convicted. Bozo would never give up the limelight to him and I don't believe Garegos is a Florida BAR member either.

 

[2goldfish]

I'm going to go with my instincts on this one. I like this guy.

snipped for brevity-

I am with you, I like him too. he comes across as sincere, I dont get that impression from many lawyers I have ever known - I liked NeJame (I think I forgot how to spell that too) also...

interesting how the ones that are sincere wont defend KC with a ten foot pole..

 

[Chezhire]

Where the SA has filed a Motion for a Hearing, couldn't this be set immediately, rather than wait until the end of May?

Yes, if the Judge allows it. I'm not aware of Strickland's standing rules regarding motion hearings. One could argue that a hearing should be set BEFORE the COV motion. Which is probably what prompted the SA to file this motion.

I've seen judges act so quickly that they hold a hearing via a teleconference and render an opinion via a minute entry...heck, Judge Strickland ruled on JBaez "ExParte" motion without a hearing, so we know he's moving things along when he sees fit to do so.

Since the rules require that the DP qualified defense attorney immediately file his/her qualifications, and since the DP has been back on the table now since April 13, 2009, see here: http://www.websleuths.com/forums/showthread.php?t=82924&highlight=Death+Penalty, I'd say the defense has had enough time to file this and I hope the judge acts quickly and enforces these rules now, before any additional defense motions are filed.

 

[Chezhire]

Looks like JB just barely qualifies to be co-counsel even.

snipped from:

Florida Rule of Criminal Procedure 3.112 – the Florida Checklist for Death-Qualified Attorneys

(g) Co-counsel. Trial co-counsel assignments should be given to attorneys who:(1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and(2) qualify as lead counsel under paragraph (f) of these standards or meet the following requirements:
(A) are experienced and active trial practitioners with at least three years of litigation experience in the field of criminal law; and
(B) have prior experience as lead counsel or co-counsel in no fewer than three state or federal jury trials of serious and complex cases which were tried to completion, at least two of which were trials in which the charge was murder; or alternatively, of the three jury trials, at least one was a murder trial and one was a felony jury trial; and
(C) are familiar with the practice and procedure of the criminal courts of the jurisdiction; and
(D) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, and
(E) have attended within the last two years a continuing legal education program of at least twelve hours’ duration devoted specifically to the defense of capital cases.

Bolded by me, Chezhire.

Though I haven't read part (f), as mentioned above in 3.112 subsection (g)(2), which may provide JBaez with a basis for being co-counsel, I'd be interested in knowing whether JBaez has met the criteria contained in subsection (g)(2)(E) - anyone other than me wonder if JBaez has attended 12 hours of CLE devoted to defense of capital cases...