2009.05.07 - new motion by State to Determine Counsel

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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.

Trying to stay behind the wheel and get face time for as long as he can eek it out. Remember this guy was just three years into his career before he exploded on our screens on almost a daily basis. He loves this newfound fame(cough, cough), IMO more than his interested in being an effective and responsible officer of the court,
 
Personally, I would like to see Terry Lenamon back on this case for several reasons especially after reading this post he wrote about being a criminal defense attorney for capital murder cases:

http://swartzlenamon.com/deathpenal...nse-attorney-representing-people-facing-death

Not that I think that KC will not be found guilty, but because Terry Lenamon sounds like someone who respects the system and isn't some comes from nowhere media hound like Jose Baez.

Errors that happen in the trial of this case could mean victory for KC on appeal and it just seems smart to have someone with TL experience doing the defense job.

Personally, I would love to see a DP qualified council come on this case that will look at the evidence, stop playing games to get as much face time out of this case for personal gain, and plead this case out.
This horse and pony show has grown much too old.
 
Personally, I would love to see a DP qualified council come on this case that will look at the evidence, stop playing games to get as much face time out of this case for personal gain, and plead this case out.
This horse and pony show has grown much too old.

So would I. A professional DP-qualified attorney armed with duct tape and a sock for JB.
 
Soooo, Baez is objecting to the SA's motion to prove a death penalty qualified Lawyer will be on board? HE will reveal the new Lawyer at the court hearing at the end of the month? Does he think this is some sort of debutant's coming out party.....or what?
 
She's under pro hac vice? Can she sit first chair in FL for DP or do they need an FL bar lawyer?

She can be Lead. But they need co counsel that is licensed to practice in FL and also meets the following guidelines.

(g) Cocounsel. Trial cocounsel 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 cocounsel 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. 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
requirement.
 
The most significant part to me is #5 in this filing.

paraphrased -" Based on evidence that was obtained AFTER the body was found."

If I had what SA has (that I have yet to see), I may jump right on the DP bandwagon.

Lethal injection or electric chair are probably mild compared to my plan.
 
WESH-Channel 2 put the story at the top of its 6 p.m. news. Reporter Bob Kealing contacted Baez's spokeswoman, who said the issue wasn't a big deal. "She said in just a few weeks, they plan to introduce a new death-qualified lawyer at their next court hearing," Kealing said. "But if this trial does go as planned in October, that means that this new lawyer they're bringing on would have only about five months to get up to speed in a very complicated capital murder case."

I smell a Motion to Continue coming soon ......
 
The most significant part to me is #5 in this filing.

paraphrased -" Based on evidence that was obtained AFTER the body was found."

If I had what SA has (that I have yet to see), I may jump right on the DP bandwagon.

Lethal injection or electric chair are probably mild compared to my plan.

Great minds run in the same gutters!
 
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.

All well and good, but just last month JB stated that he had several DP qualified attorneys on the team. Why the sudden switch to this 'new & improved' unveiling?

IIRC, at the time we discussed that JB said he had between 8-11 attorneys on the team?

http://www.websleuths.com/forums/showpost.php?p=3599711&postcount=389
 
Would there be any strategic advantage to not naming the attorney? Or is it more likely that there just isn't one yet?
 
She can be Lead. But they need co counsel that is licensed to practice in FL and also meets the following guidelines.

(g) Cocounsel. Trial cocounsel 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 cocounsel 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. 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
requirement.

Thanks, JSR.

OK - we know so little about the other lawyer from JB's firm who is on the case. Not 100% sure my recall is accurate, but I believe his surname is Garcia? What do we know about him?

The reason I ask is that I still believe that JB will be suspended or disbarred based on Judge Strickland's complaint, but JB will still need someone from his office in a co-counsel chair do to the financial intricacies - yes?
 
I have said this before, and I am going to say it again! I don't think Casey/Baez have access to the defense funding they THOUGHT they would (thank you SA for filing a motion concerning where the funding was coming from!).

I think the first DP attorney was retained with initial licensing funds at the beginning of the case, but now that there is no money train, he is not willing to proceed without additional funds.

I am beginning to suspect that Baez & LKB have discussed who they would LIKE to bring on board, but no one is yet retained (re: "big secret!". Perhaps that is why George and Cindy booked this new appearance on Larry King? Wonder if they (since Baez CAN'T) agreed to appear on LK with "new" pictures and videos so they can use the fees to pay for a reatined DP attorney?!

I asked this a few days ago, but got no response so wonder if anyone with a legal background can answer....

IF the defense is unable to retain a PAID DP attorney, and Baez has to file a motion for Casey to be deemed indigent (like he did for Nilton Diaz in that case), and the motion is GRANTED (so Casey has a DP public defender), what happens to Baez? Can he still be second chair?? Or can Baez file a motion for monetary cost relief now to help pay for a DP qualified attorney if Casey/family is unable to come up with funding??

:eek:

Wonder if they get the fact that they are essentially soliciting???
 
These guys advertise that they handled a capitol murder case and got a not guilty verdict.....

http://www.gravesspivey.com/

AND....shouldn't he have gotten a death penalty lawyer immediately - like the SAME DAY - after the state put it back on the table?
 
That's what it appears happened with Baez during the Nilton Diaz case in lake County. I was looking at the record from that trial on the county website, and Biaz took the case from the PD early on. Then far into the case (can't recall if after the jury trial, or right before..don't have printout in front of me but at least a year and a half into case), Baez filed a motion to have Diaz declared indigent but the motion was denied. Several months later, Baez filed for monetary relief for costs (granted), then filed for subsequent increased monetary relief (and got that too).

I just wondered if Casey is unable to afford to retain a DP qualified and has to be declared indigent to bring in PD now, what role can Baez still play..if any...?

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:
 
Since Mr Baez trial history has been mentioned in several threads, I thought it would be interesting to look into the ONE of the murder case we are aware of that he participated in. This would be the case of Nilton Diaz in Lake County who has now filed for an appeal based on Mr Baez' representation. (This was NOT a death penalty case.) The case can be found on the Lake County Clerk of Courts website, and is about 13 pages when printed, but here are just a few (smiliar?) highlights. (My comments BOLDED)

2/16/06 - Arrested and Charged - Notice of Appearance

2/21/06 - He was originally represented by a Min So.

2/22/06 - Notice and Substitution of Atty from Atty So to Atty Naratil.

2/26/06 - Notice of Appearance for CO-COUNSEL Atty Jose A Baez
(I am assuming Naratil was lead, since Baez was listed as Co-Counsel...all future motions and appearances list Baez only)

2/23/06 - Felony Affidavit of Indigent Status/DEFT DECLINED Public Def

3/30/06 - Communication from Judge to Defense Attorney advising that appearance is mandatory at all plea negotations and court dates
(Guess Stricklands warning to Baez was not the first time he got reprimanded by a Judge!)

4/10/06 - 7/30/07 Repeated and numerous cont. of case..."DEFT not pres for sent - Atty not pres - case cont to..." (a year and 3 months worth...wonder if we will see similar in KC case?)

8/2/07 - Court instructs Defense that he must be at all PNC's no matter what his schedule is.
(There is that judge's reprimand again...)

10/01/07 - Dept not present for motion hearing - repres by Atty Baez who was present via telephone (he did this often) for Deft's Motion to Compel - State Objects - Court instructs defense to provide court a letter from the board of pathology that they need an order to release records or re-set hearing so they can be heard on this issue
(Didn't we see this same scenario in Casey's trial when Strickland told Biaz that the state was not going to do his work for him?)

1/24/08 - Motion to declare DEFT indigent for costs Atty: Baez Jose A

1/28/08 - Motion Granted (I think this is where we are headed in KC case)

3/21/08 - Faxed Motion to Increase Monetary Award for Costs Atty: Baez Jose A

3/25/08 - Motion Granted to Increase Monetary Award

5/1/08 - DEFENDED IS CONVICTED BY JURY

5/7/08 - Faxed Motion to Amend Order for Costs Atty: Baez Jose A

5/23/08 - Motion Granted to Increase Monetary Award

8/21/08 - Court finds DEFT indigent for purposes of appeal and appoints the office of the public defender; Atty Baez to file appropriate montion to withdraw all counsel.

8/29/08 - Motion to Withdraw Atty: Baez Jose A
 
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