2009.05.07 - new motion by State to Determine Counsel

[RR0004]

The problem here is that JB filed an extremely important motion to change venue without having a DP certified counsel on board. No can do. That alone would require reversal if there were a conviction.

Couldn't that "technically" be LKB?

 

[Wytchy]

If LKB is to be lead counsel, KC is in trouble. Her harsh tone and brash manner will not garner sympathy for the client.

LKB does well at talking science - well she is a great obsfucator in that arena, but her expertise stops there.
IMHO.

Hmm. I've followed LKB through the Phil Spector trial. She was initially successful in a hung jury if IIRC.

Later, in a second trial he was found guilty. I so hate people like LKB, Henry Lee, Lawrence Koblinski, and all of the other 'players' in this case who seem to have no regard for the truth.

IMO opinion, these {people] are just latching on to this case to further their own 'celebrity' in this case. I don't know how they lay their heads down on their pillows and get a good night's rest knowing they're instrumental in attempting to get such a despicable person like KC off on 'technicalities'.

I lost respect for this entire 'dream team' Baez assembled when it's been proven over and over that they don't care about the innocence or guilt. They only seem to care about how much money they make and how often their names get in the news.

What a travesty for Caylee.

 

[RR0004]

OK, thanks. So, they do have to hire at least one more attorney.

It looks that way...unless LKB stays on for this purpose.

 

[RR0004]

Hmm. I've followed LKB through the Phil Spector trial. She was initially successful in a hung jury if IIRC.

Later, in a second trial he was found guilty. I so hate people like LKB, Henry Lee, Lawrence Koblinski, and all of the other 'players' in this case who seem to have no regard for the truth.

IMO opinion, these are just latching on to this case to further their own 'celebrity' in this case. I don't know how they lay their heads down on their pillows and get a good night's rest knowing they're instrumental in attempting to get such a despicable person like KC off on 'technicalities'.

I lost respect for this entire 'dream team' Baez assembled when it's been proven over and over that they don't care about the innocence or guilt. They only seem to care about how much money they make and how often their names get in the news.

What a travesty for Caylee.

...and let's not forget in the beginning MB the husband was commenting A LOT about the case...and not favorably for the defense at the time.

 

[travelgal]

For review:

RULE 3.112. MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES

(f) Lead Counsel. Lead trial 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) are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; and

(3) have prior experience as lead counsel in no fewer than nine state or federal jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead defense counsel or cocounsel in at least two state or federal cases tried to completion in which the death penalty was sought.

In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial and an additional five were felony jury trials; and

(4) are familiar with the practice and procedure of the criminal courts of the jurisdiction; and

(5) are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence; and

(6) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, including but not limited to the investigation and presentation of evidence in mitigation of the death penalty; and

(7) 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. Attorneys who do not meet the continuing legal education requirement on July 1, 2002, shall have until March 1, 2003, in which to satisfy the continuing legal education requirement.


(i) Notice of Appearance. An attorney who is retained or appointed in place of the Public Defender to represent a defendant in a capital case shall immediately file a notice of appearance certifying that he or she meets the qualifications of this rule. If the office of the Public Defender is appointed to represent the defendant, the public defender shall certify that the assistants assigned as lead and cocounsel meet the requirements of this rule. A notice of appearance filed under this rule shall be served on the defendant.

Thanks for this news, Musikman. I do have a question about #7?? I admit that I am not feeling well and on some meds, but the part that I made bold has me confused. Can you clarify for me? TYIA (Forgive me if this makes no sense.)

 

[Muzikman]

Travelgal, I am not an attorney, one of our legal eagles will have to answer your question... I wonder myself.

 

[athy]

Just filed by the SA office.... Baez better hire someone quick! No more dallying around.


MOTION FOR DETERMINATION OF COUNSEL PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.112

COMES NOW the State of Florida, by and through the undersigned Assistant State Attorney, and hereby moves this Honorable Court to determine the existence of counsel qualified pursuant to Florida Rule of Criminal Procedure 3.112(f). As ground therefore, the State of Florida would show that:

1) The Defendant was indicted by the Grand Jury of Orange County Florida on October 14, 2008 for numerous offenses including Murder in the First Degree, a capital crime.
2) Thereafter, attorney Terrance Lenamon, ostensibly qualified pursuant to F.R.C.P. 3.112 (f), filed a Notice of Appearance.
3) Based upon the evidence available at that time, the State filed a Notice of Intent Not to Seek the Penalty of Death, a non-binding document filed for the convenience of the Court and the Defendant.
4) On December 11, 2008, the remains of Caylee Marie Anthony were discovered.
5) Based upon new evidence obtained since the remains were found, the State filed its’ Notice of Intent to Seek the Penalty of Death on April 13, 2009.
6) Pursuant to conversations with Jose Baez , counsel for the Defendant, the State of Florida understands that Mr. Lenamon is no longer involved in the representation of Miss Anthony.
7) To date, The State of Florida has not received a Notice of Appearance and Certification of Qualification pursuant to F.R.C.P. 3.112(f) as required under F.R.C.P. 3.112(i) from any other lawyer.

WHEREFORE, the State of Florida requests this Honorable Court hold a hearing to determine whether qualified counsel has been retained to assure compliance with F.R.C.P. 3.112.


Download it here -
http://www.filedropper.com/b1saorja2200905065167801

i want to know what the new evidence is!! it has to be since they found the body, not anything we've seen so far.

 

[WholeLottaRosie]

Wouldn't the lead counsel have to be a member of the Florida Bar?

 

[Wytchy]

...and let's not forget in the beginning MB the husband was commenting A LOT about the case...and not favorably for the defense at the time.

I'm glad someone else recalls that MB was on the NG show early on and seemed to side with NG until he had a lot of money thrown at him to recants everything he once said on NG.

Just a bunch of jackals who sniff out any prospect of switching sides to advance their own agenda.

Now his wild haired wife and ill groomed wife who seems to have no concern for personal hygiene has signed on to the 'defend KC' bandwagon. I no longer have any respect for MB, and even less for his wife.

I wish there was a way that the SA could throw both of them out of court for the lies they initially told.

In the beginning, Lawrence Koblinski was on the side of the defense, but then he started seeing dollar signs and switched sides.

How reprehensible.

I notice that since the defection that NG hasn't interviewed "Kobi' again. And rightly so. NG used to portray 'Kobi" as a 'good guy'. Even she has refused to allow him airtime since he switched sides to 'defend' KC.

What goes around comes around. These so-called 'experts' threw their hats in with the wrong crowd, IMO.

 

[Muzikman]

Fox 35 just said on-air (nothing on their site yet) that the Baez camp response to this motion (Fox35 said "filed" response) is that they have a qualified DP lawyer, and THEY (not HE or SHE) will be introduced at the hearing later this month.

Fox 35 talked to Lenamon and he said he is not part of the team.


Me: HAVE or WILL HAVE? heh
Seems their hand is being forced a little, due to non-action by Baez.

 

[Wytchy]

Wouldn't the lead counsel have to be a member of the Florida Bar?

Jose is still claiming that he is lead council despite the many reports that he's not qualified. I haven't done any research to prove that LKB isn't a member of the Florida bar, but I suspect that she insinuated herself into the case and received a 'special dispensation' to practice in Florida.

Corruption knows no bounds.

 

[Wytchy]

Fox 35 just said on-air (nothing on their site yet) that the Baez camp response to this motion (Fox35 said "filed" response) is that they have a qualified DP lawyer, and THEY (not HE or SHE) will be introduced at the hearing later this month.

Fox 35 talked to Lenamon and he said he is not part of the team.

Thanks for the info, Muzikman! Last I heard was that Lenamon had signed back onto the team as a death penalty lawyer.

Despite the fact that when he initially left, he stated that he would never come back. The plot just continues to thicken, doesn't it?

 

[Muzikman]

Thanks for the info, Muzikman! Last I heard was that Lenamon had signed back onto the team as a death penalty lawyer.

Despite the fact that when he initially left, he stated that he would never come back. The plot just continues to thicken, doesn't it?

Where did he state that? I missed it. Did he say anything else?

 

[travelgal]

Jose is still claiming that he is lead council despite the many reports that he's not qualified. I haven't done any research to prove that LKB isn't a member of the Florida bar, but I suspect that she insinuated herself into the case and received a 'special dispensation' to practice in Florida.

Corruption knows no bounds.

To me, this response just means JB is no different than KC. Birds of a feather.....

 

[JSR]

Thanks for this news, Musikman. I do have a question about #7?? I admit that I am not feeling well and on some meds, but the part that I made bold has me confused. Can you clarify for me? TYIA (Forgive me if this makes no sense.)

Each Bar sets specific guidelines for attorneys to have MANDATORY continuing education. In California there is general mandatory continuing education requirement in addition to an ethics requirement. Each attorney is required to complete so many hours of education every few years. If you don't complete the hours then the Bar doesn't consider your license valid. It seems in Florida in order to be considered death qualified you must attend education geared specifically towards capital cases.
I bolded number (7) because I doubt JB keeps up with this requirement. In addition to the fact that LKB must also adhere to #7 if she wants to be lead. And she’s not licensed to practice in FL. So I doubt her state of license also requires #7. LKB is appearing pro hac vice, so she was granted temporary admittance for this case only.

 

[Muzikman]

Orlando Sentinel says this:

http://www.orlandosentinel.com/news...-anthony-baez-attorney-050809,0,6582310.story
Baez's spokeswoman, Marti Mackenzie, said Baez filed an objection to the motion. She said the issue will be moot soon. A new death-qualified attorney has joined the team and will be at the next hearing later this month.

She would not identify the attorney.

"At that time, the defense will introduce the highly qualified and outstanding death-qualified attorney as the newest member of the defense team," she said.



Me: They have said this a number of times, but refuse to name any names. Which puts their credibility (haha) in question, in my mind.

 

[Insomnia Momma]

Fox 35 just said on-air (nothing on their site yet) that the Baez camp response to this motion (Fox35 said "filed" response) is that they have a qualified DP lawyer, and THEY (not HE or SHE) will be introduced at the hearing later this month.

Fox 35 talked to Lenamon and he said he is not part of the team.


Me: HAVE or WILL HAVE? heh
Seems their hand is being forced a little, due to non-action by Baez.

Bolded by me

Exactly my thoughts.

Also, I never saw where TL said he wouldn't come back?! I know he said he was no longer needed though.

 

[travelgal]

Each Bar sets specific guidelines for attorneys to have MANDATORY continuing education. In California there is general mandatory continuing education requirement in addition to an ethics requirement. Each attorney is required to complete so many hours of education every few years. If you don't complete the hours then the Bar doesn't consider your license valid. It seems in Florida in order to be considered death qualified you must attend education geared specifically towards capital cases.
I bolded number (7) because I doubt JB keeps up with this requirement. In addition to the fact that LKB must also adhere to #7 if she wants to be lead. And she’s not licensed to practice in FL. So I doubt her state of license also requires #7. LKB is appearing pro hac vice, so she was granted temporary admittance for this case only.

Thank you for your response, JSR. I understand the requirement for continuing educ. but the dates threw me off. Does the cont. ed. have to comply with those dates in #7 statement???

 

[JSR]

Jose is still claiming that he is lead council despite the many reports that he's not qualified. I haven't done any research to prove that LKB isn't a member of the Florida bar, but I suspect that she insinuated herself into the case and received a 'special dispensation' to practice in Florida.

Corruption knows no bounds.

LKB is not a member of the Florida bar, she's admitted in this action pro hac vice.

 

[JSR]

Thank you for your response, JSR. I understand the requirement for continuing educ. but the dates threw me off. Does the cont. ed. have to comply with those dates in #7 statement???

In short, Yes. I don't have time to go back and look at the amendments. But I would only assume the the dates are mentioned because prior to 2002 there was no such requirement and those attorneys who did not meet that requirement had until March 2003 to meet the guideline.